HomeMy WebLinkAbout2022/01/05 - Regular Meeting Agenda Packet AmendedMayor
L. Dennis Michael
Mayor Pro Tem
Lynne B. Kennedy
Members of the City
Council:
Ryan A. Hutchison
Kristine D. Scott
Sam Spagnolo
AMENDED AGENDA
(ITEM A1 ADDED TO AGENDA 1/4/2022 4:30PM)
CITY OF RANCHO CUCAMONGA
REGULAR MEETING AGENDA
January 5, 2022
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
FIRE PROTECTION DISTRICT BOARD – CITY COUNCIL
HOUSING SUCCESSOR AGENCY SUCCESSOR AGENCY – PUBLIC
FINANCE AUTHORITY
CLOSED SESSION TRICOMMUNITIES ROOM 4:30 P.M.
REGULAR MEETINGS COUNCIL CHAMBERS 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 www.cityofrc.us or by contacting the City Clerk's Office at 9097742023. Live
Broadcast available on Channel 3 (RCTV3).
In accordance with AB 361, and to ensure the health and safety of our residents by limiting contact that
could spread the COVID–19 virus, members of the public have the option to participate in this City
Council/Fire District meeting via a teleconference. Members of the public may also attend the meeting in
person. Those wishing to speak during public communication may call at the start of the meeting by dialing
(909)7742751, if speaking on a Public Hearing item, please dial in when the Public Hearing is being heard
at (909)7742751 to be added to the queue for public comment. Calls will be answered in the order received.
Members of the public are encouraged to watch from the safety of their homes by Live Streaming on the
City's website at https://www.cityofrc.us/yourgovernment/citycouncilagendas or Local Cable: RCTV3
Programming. The City of Rancho Cucamonga thanks you in advance for taking all precautions to prevent
spreading the COVID19 virus.
CLOSED SESSION – 4:30 P.M.
TRICOMMUNITIES ROOM
ROLL CALL: Mayor Michael
Mayor Pro Tem Kennedy
Council Members Hutchison, Scott, and Spagnolo
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 LABOR NEGOTIATOR ROBERT NEIUBER, HUMAN RESOURCES
DIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS
WITH THE RANCHO CUCAMONGA CITY EMPLOYEES’ ASSOCIATION (RCCEA), TEAMSTERS
LOCAL 1932, RANCHO CUCAMONGA MANAGEMENT ASSOCIATION, EXECUTIVE MANAGEMENT
GROUP – (CITY/FIRE)
D2.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)
D3.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY LOCATED AT THE TERMINUS OF SMOKESTONE STREET, EAST OF
TORREY PINE COURT, RANCHO CUCAMONGA, CALIFORNIA 91739, IDENTIFIED AS COUNTY
ASSESSOR’S PARCEL NUMBER 022804424, NEGOTIATING PARTIES JOHN GILLISON, CITY
MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND CHAO PING YANG;
REGARDING PRICE AND TERMS. – (CITY)
D4.CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO
PARAGRAPH(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: PEPE’S INC. V.
CITY OF RANCHO CUCAMONGA, UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF
CALIFORNIA, CASE NO. 5:20CV02506JGBSP – (CITY)
D5.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)
D6.CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH
(1) OF SUBDIVISION (D) OF 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)
D7.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY LOCATED AT 8949 ETIWANDA AVENUE, FURTHER IDENTIFIED AS
SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916222; NEGOTIATING
PARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER,
REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,
OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING
PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)
D8.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY LOCATED AT 8783 ETIWANDA AVENUE/12949 WHITTRAM AVENUE,
FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER
022916214; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND,
PACIFIC, AND CUTLER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND KULAR
TRUCK LINE, INC., OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING
PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET
FORTH ABOVE. – (CITY)
D9.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY LOCATED AT 9333 ETIWANDA AVENUE, FURTHER IDENTIFIED AS
SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916223; NEGOTIATING
PARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER,
REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,
OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING
PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)
D10.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY LOCATED AT 9333 ETIWANDA AVENUE, FURTHER IDENTIFIED AS
SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916222; NEGOTIATING
PARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC, AND CUTLER,
REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,
OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE.
NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH
ABOVE. – (CITY)
D11.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY LOCATED AT 8768 ETIWANDA AVENUE, FURTHER IDENTIFIED AS
SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022913116; NEGOTIATING
PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND
CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND SCG/DP ETIWANDA LLC,
A DELAWARE LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TO
NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE
PROPERTY OWNERS SET FORTH ABOVE. – (CITY)
D12.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY LOCATED AT 8996 ETIWANDA AVENUE, FURTHER IDENTIFIED AS
SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022928379; NEGOTIATING
PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC AND
CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND BTC III RANCHO
CUCAMONGA LOGISTICS CENTER LP, A DELAWARE LIMITED LIABILITY COMPANY, OWNER;
REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES
MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)
D13.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY LOCATED AT 8821 ETIWANDA AVENUE, FURTHER IDENTIFIED AS
SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916215; NEGOTIATING
PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC AND
CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND WILLIAM A. JONES AND
JOAN F. JONES, TRUSTEES OF THE JONES FAMILY TRUST OF 2010, AS TO AN UNDIVIDED
ONETHIRD (1/3) INTEREST, AND JAMES ROY GARNESS AND RHONDA ANN GARNESS,
UNDIVIDED ONETHIRD (1/3) INTEREST, AND JAMES ROY GARNESS AND RHONDA ANN
GARNESS, TRUSTEES OF THE GARNESS FAMILY TRUST DATED JUNE 28, 2012, AS TO AN
UNDIVIDED ONETHIRD (1/3) INTEREST, AND JOHN S. CLEMONS AND PATRICIA R. CLEMONS,
TRUSTEES OF THE CLEMONS REVOCABLE TRUST DATED DECEMBER 4, 2014, AS TO AN
UNDIVIDED ONETHIRD (1/3) INTEREST, AS TENANTS IN COMMON, OWNER; REGARDING
INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY
NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)
D14.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY LOCATED AT 8688 ETIWANDA AVENUE, FURTHER IDENTIFIED AS
SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022913131; NEGOTIATING
PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND
CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND GOODMAN RANCHO SPE
LLC, A DELAWARE LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TO
NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE
PROPERTY OWNERS SET FORTH ABOVE. – (CITY)
D15.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY LOCATED AT 8889 ETIWANDA AVENUE, FURTHER IDENTIFIED AS
SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022929117; NEGOTIATING
PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND
CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND LIGHTNING P.M. LLC, A
CALIFORNIA LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TO
NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE
PROPERTY OWNERS SET FORTH ABOVE. – (CITY)
D16.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY LOCATED AT 8685 ETIWANDA AVENUE, FURTHER IDENTIFIED AS
SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022915128, FORMALLY
022915115; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT,
OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA,
AND COLOMBERO FAMILY LIMITED PARTNERSHIP, OWNER; REGARDING INSTRUCTIONS TO
NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE
PROPERTY OWNERS SET FORTH ABOVE. – (CITY)
D17.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY LOCATED AT 8717 AND 8733 ETIWANDA AVENUE AND 12928 AND
12934 WHITTRAM AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX
ASSESSOR'S PARCEL NUMBERS 022916102, 022916103, 022916104, AND 022916105;
NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND,
PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND
COLOMBERO FAMILY LIMITED PARTNERSHIP, OWNER; REGARDING INSTRUCTIONS TO
NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE
PROPERTY OWNERS SET FORTH ABOVE. – (CITY)
D18.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY LOCATED AT 8939 ETIWANDA AVENUE, FURTHER IDENTIFIED AS
SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022929155; NEGOTIATING
PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND
CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND BCORE IE WEST
OWNER LLC, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE.
NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH
ABOVE. – (CITY)
D19.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY LOCATED AT 12467 BASE LINE ROAD IDENTIFIED AS PARCEL
NUMBERS 1090331030000, 1090331040000, 1089581040000; 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 – Closed Session to Recess to the Regular City Council Meeting at 7:00 P.M. in the Council
Chambers at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California.
REGULAR MEETING – 7:00 P.M.
COUNCIL CHAMBERS
PLEDGE OF ALLEGIANCE
ROLL CALL:Mayor Michael
Mayor Pro Tem Kennedy
Council Members Hutchison, Scott, and Spagnolo
A. AMENDMENTS TO THE AGENDA
A1.AB 361 Findings for Special Brown Act Requirements for Teleconference Meetings. (CITY/FIRE)
B. ANNOUNCEMENT / PRESENTATIONS
B1.Administration of Oath of Office to Nicholas Ghirelli, City Attorney.
B2.Presentation of a Proclamation to Outgoing Historic Preservation/Planning Commissioners Tony
Guglielmo and Francisco Oaxaca for their Dedicated Service to the Historic Preservation/Planning
Commission.
B3.Presentation of a Certificate of Recognition to the Rancho Cucamonga High School Resource Officer
Deputy John Cadogan and School Nurse Yolanda Warren for Heroically Saving the Life of a Student
on Campus.
C. PUBLIC COMMUNICATIONS
Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor
Agency, and Public Finance Authority. 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 the
Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board,
and City Council from addressing any issue not previously included on the Agenda. The Fire Protection
District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council
may receive testimony and set the matter for a subsequent meeting.
Comments are to be limited to five minutes per individual or less, as deemed necessary by the
Mayor, depending upon the number of individuals desiring to speak. 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, making loud noises, or engaging in any
activity which might be disruptive to the decorum of the meeting.
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.
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 the Regular Meetings of November 17, 2021.
D2.Consideration to Approve City and Fire District BiWeekly Payroll in the Total Amount of
$1,902,322.32 and City and Fire District Weekly Check Registers (Excluding Checks Issued to
Southern California Gas Company) in the Total Amount of $7,220,700.83 Dated December 06,
2021 Through December 16, 2021. (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 $14,238.90 Dated December 06,
2021 Through December 16, 2021. (CITY/FIRE)
D4.Consideration of a Professional Services Agreement with University Enterprises Corporation
on behalf of Inland Empire Small Business Development Center for Business Consulting
Services in the Amount of $25,000. (CITY)
E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTION
E1.Consideration of Second Reading and Adoption of the Following:
ORDINANCE NO. 991
AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADDING CHAPTER
3.76 TO THE RANCHO CUCAMONGA MUNICIPAL CODE TO ESTABLISH AN AFFORDABLE
HOUSING DEVELOPMENT IMPACT FEE
F. ADMINISTRATIVE HEARING ITEM(S)
G. ADVERTISED PUBLIC HEARINGS ITEM(S) CITY/FIRE DISTRICT
G1.Public Hearing to Consider First Reading of City Council Ordinance No. 992, to Approve Prezoning
(DRC202000186), Consent to a Proposed Annexation, and Adopt an Associated Plan for Service
(DRC202000185), and City Council Ordinance No. 993 to Approve Development Agreement
(DRC202100175), Each to be Read by Title Only and Waive Further Reading: to Consider City
Council Resolutions to Adopt General Plan Amendment (DRC202000184), Tentative Parcel Map
(SUBTPM20251), Design Review (DRC202000177), Conditional Use Permit (DRC202100317),
Uniform Sign Program (DRC202000178), and Certification of Environmental Impact Report, Make
Findings Pursuant to the Environmental Quality Act, and Adopt a Mitigation Monitoring and Reporting
Program (SCH No. 2020090076) to Allow for the Development of Two Industrial Warehouse Buildings
totaling approximately 655,878 square feet on an approximate 35acre project site Located
Approximately 650 East of Etiwanda Avenue, North of Napa Street; APNS: 022929123, 46, and 54.
The Rancho Cucamonga Fire Protection District Will Also Consider a Resolution to Consent to the
Proposed Annexation and Adoption of a Plan (DRC202000185) for the Same Project.
(RESOLUTION NOS. 2022001, 2022002, 2022003, 2022004 & 2022005, 2022006 AND
FD2022001) (ORDINANCE NOS. 992 & 993) (CITY/FIRE)
H. CITY MANAGER'S STAFF REPORT(S)
H1.Consideration to Approve an Amendment to the City Manager’s Employment Agreement. (CITY)
I. COUNCIL BUSINESS
I1.COUNCIL ANNOUNCEMENTS
(Comments to be limited to three minutes per Council Member.)
I2.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
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
twentyfour (24) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho
Cucamonga, California; 12505 Cultural Center Drive, Rancho Cucamonga, CA, 91739; 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) 4772700. 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.
CITY COUNCIL VISION STATEMENT
“Our Vision is to build on our success as a world class community,to create
an equitable,sustainable,and vibrant city,rich in opportunity for all to thrive.”
Page 1
MayorL. Dennis MichaelMayor Pro TemLynne B. KennedyMembers of the CityCouncil:Ryan A. HutchisonKristine D. ScottSam Spagnolo AMENDED AGENDA(ITEM A1 ADDED TO AGENDA 1/4/2022 4:30PM)CITY OF RANCHO CUCAMONGAREGULAR MEETING AGENDAJanuary 5, 202210500 Civic Center DriveRancho Cucamonga, CA 91730 FIRE PROTECTION DISTRICT BOARD – CITY COUNCILHOUSING SUCCESSOR AGENCY SUCCESSOR AGENCY – PUBLICFINANCE AUTHORITYCLOSED SESSION TRICOMMUNITIES ROOM 4:30 P.M.REGULAR MEETINGS COUNCIL CHAMBERS 7:00 P.M.The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in theCouncil Chambers located at 10500 Civic Center Drive. It Is the Intent to conclude the meeting by 10:00p.m. unless extended by the concurrence of the City Council. Agendas, minutes, and recordings ofmeetings can be found at www.cityofrc.us or by contacting the City Clerk's Office at 9097742023. LiveBroadcast available on Channel 3 (RCTV3).In accordance with AB 361, and to ensure the health and safety of our residents by limiting contact thatcould spread the COVID–19 virus, members of the public have the option to participate in this CityCouncil/Fire District meeting via a teleconference. Members of the public may also attend the meeting inperson. Those wishing to speak during public communication may call at the start of the meeting by dialing(909)7742751, if speaking on a Public Hearing item, please dial in when the Public Hearing is being heardat (909)7742751 to be added to the queue for public comment. Calls will be answered in the order received. Members of the public are encouraged to watch from the safety of their homes by Live Streaming on theCity's website at https://www.cityofrc.us/yourgovernment/citycouncilagendas or Local Cable: RCTV3Programming. The City of Rancho Cucamonga thanks you in advance for taking all precautions to preventspreading the COVID19 virus.CLOSED SESSION – 4:30 P.M. TRICOMMUNITIES ROOM ROLL CALL: Mayor Michael Mayor Pro Tem Kennedy Council Members Hutchison, Scott, and Spagnolo 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 LABOR NEGOTIATOR ROBERT NEIUBER, HUMAN RESOURCES
DIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS
WITH THE RANCHO CUCAMONGA CITY EMPLOYEES’ ASSOCIATION (RCCEA), TEAMSTERS
LOCAL 1932, RANCHO CUCAMONGA MANAGEMENT ASSOCIATION, EXECUTIVE MANAGEMENT
GROUP – (CITY/FIRE)
D2.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)
D3.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY LOCATED AT THE TERMINUS OF SMOKESTONE STREET, EAST OF
TORREY PINE COURT, RANCHO CUCAMONGA, CALIFORNIA 91739, IDENTIFIED AS COUNTY
ASSESSOR’S PARCEL NUMBER 022804424, NEGOTIATING PARTIES JOHN GILLISON, CITY
MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND CHAO PING YANG;
REGARDING PRICE AND TERMS. – (CITY)
D4.CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO
PARAGRAPH(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: PEPE’S INC. V.
CITY OF RANCHO CUCAMONGA, UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF
CALIFORNIA, CASE NO. 5:20CV02506JGBSP – (CITY)
D5.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)
D6.CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH
(1) OF SUBDIVISION (D) OF 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)
D7.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY LOCATED AT 8949 ETIWANDA AVENUE, FURTHER IDENTIFIED AS
SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916222; NEGOTIATING
PARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER,
REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,
OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING
PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)
D8.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY LOCATED AT 8783 ETIWANDA AVENUE/12949 WHITTRAM AVENUE,
FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER
022916214; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND,
PACIFIC, AND CUTLER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND KULAR
TRUCK LINE, INC., OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING
PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET
FORTH ABOVE. – (CITY)
D9.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY LOCATED AT 9333 ETIWANDA AVENUE, FURTHER IDENTIFIED AS
SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916223; NEGOTIATING
PARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER,
REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,
OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING
PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)
D10.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY LOCATED AT 9333 ETIWANDA AVENUE, FURTHER IDENTIFIED AS
SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916222; NEGOTIATING
PARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC, AND CUTLER,
REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,
OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE.
NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH
ABOVE. – (CITY)
D11.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY LOCATED AT 8768 ETIWANDA AVENUE, FURTHER IDENTIFIED AS
SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022913116; NEGOTIATING
PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND
CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND SCG/DP ETIWANDA LLC,
A DELAWARE LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TO
NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE
PROPERTY OWNERS SET FORTH ABOVE. – (CITY)
D12.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY LOCATED AT 8996 ETIWANDA AVENUE, FURTHER IDENTIFIED AS
SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022928379; NEGOTIATING
PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC AND
CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND BTC III RANCHO
CUCAMONGA LOGISTICS CENTER LP, A DELAWARE LIMITED LIABILITY COMPANY, OWNER;
REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES
MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)
D13.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY LOCATED AT 8821 ETIWANDA AVENUE, FURTHER IDENTIFIED AS
SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916215; NEGOTIATING
PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC AND
CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND WILLIAM A. JONES AND
JOAN F. JONES, TRUSTEES OF THE JONES FAMILY TRUST OF 2010, AS TO AN UNDIVIDED
ONETHIRD (1/3) INTEREST, AND JAMES ROY GARNESS AND RHONDA ANN GARNESS,
UNDIVIDED ONETHIRD (1/3) INTEREST, AND JAMES ROY GARNESS AND RHONDA ANN
GARNESS, TRUSTEES OF THE GARNESS FAMILY TRUST DATED JUNE 28, 2012, AS TO AN
UNDIVIDED ONETHIRD (1/3) INTEREST, AND JOHN S. CLEMONS AND PATRICIA R. CLEMONS,
TRUSTEES OF THE CLEMONS REVOCABLE TRUST DATED DECEMBER 4, 2014, AS TO AN
UNDIVIDED ONETHIRD (1/3) INTEREST, AS TENANTS IN COMMON, OWNER; REGARDING
INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY
NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)
D14.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY LOCATED AT 8688 ETIWANDA AVENUE, FURTHER IDENTIFIED AS
SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022913131; NEGOTIATING
PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND
CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND GOODMAN RANCHO SPE
LLC, A DELAWARE LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TO
NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE
PROPERTY OWNERS SET FORTH ABOVE. – (CITY)
D15.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY LOCATED AT 8889 ETIWANDA AVENUE, FURTHER IDENTIFIED AS
SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022929117; NEGOTIATING
PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND
CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND LIGHTNING P.M. LLC, A
CALIFORNIA LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TO
NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE
PROPERTY OWNERS SET FORTH ABOVE. – (CITY)
D16.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY LOCATED AT 8685 ETIWANDA AVENUE, FURTHER IDENTIFIED AS
SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022915128, FORMALLY
022915115; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT,
OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA,
AND COLOMBERO FAMILY LIMITED PARTNERSHIP, OWNER; REGARDING INSTRUCTIONS TO
NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE
PROPERTY OWNERS SET FORTH ABOVE. – (CITY)
D17.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY LOCATED AT 8717 AND 8733 ETIWANDA AVENUE AND 12928 AND
12934 WHITTRAM AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX
ASSESSOR'S PARCEL NUMBERS 022916102, 022916103, 022916104, AND 022916105;
NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND,
PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND
COLOMBERO FAMILY LIMITED PARTNERSHIP, OWNER; REGARDING INSTRUCTIONS TO
NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE
PROPERTY OWNERS SET FORTH ABOVE. – (CITY)
D18.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY LOCATED AT 8939 ETIWANDA AVENUE, FURTHER IDENTIFIED AS
SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022929155; NEGOTIATING
PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND
CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND BCORE IE WEST
OWNER LLC, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE.
NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH
ABOVE. – (CITY)
D19.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY LOCATED AT 12467 BASE LINE ROAD IDENTIFIED AS PARCEL
NUMBERS 1090331030000, 1090331040000, 1089581040000; 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 – Closed Session to Recess to the Regular City Council Meeting at 7:00 P.M. in the Council
Chambers at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California.
REGULAR MEETING – 7:00 P.M.
COUNCIL CHAMBERS
PLEDGE OF ALLEGIANCE
ROLL CALL:Mayor Michael
Mayor Pro Tem Kennedy
Council Members Hutchison, Scott, and Spagnolo
A. AMENDMENTS TO THE AGENDA
A1.AB 361 Findings for Special Brown Act Requirements for Teleconference Meetings. (CITY/FIRE)
B. ANNOUNCEMENT / PRESENTATIONS
B1.Administration of Oath of Office to Nicholas Ghirelli, City Attorney.
B2.Presentation of a Proclamation to Outgoing Historic Preservation/Planning Commissioners Tony
Guglielmo and Francisco Oaxaca for their Dedicated Service to the Historic Preservation/Planning
Commission.
B3.Presentation of a Certificate of Recognition to the Rancho Cucamonga High School Resource Officer
Deputy John Cadogan and School Nurse Yolanda Warren for Heroically Saving the Life of a Student
on Campus.
C. PUBLIC COMMUNICATIONS
Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor
Agency, and Public Finance Authority. 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 the
Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board,
and City Council from addressing any issue not previously included on the Agenda. The Fire Protection
District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council
may receive testimony and set the matter for a subsequent meeting.
Comments are to be limited to five minutes per individual or less, as deemed necessary by the
Mayor, depending upon the number of individuals desiring to speak. 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, making loud noises, or engaging in any
activity which might be disruptive to the decorum of the meeting.
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.
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 the Regular Meetings of November 17, 2021.
D2.Consideration to Approve City and Fire District BiWeekly Payroll in the Total Amount of
$1,902,322.32 and City and Fire District Weekly Check Registers (Excluding Checks Issued to
Southern California Gas Company) in the Total Amount of $7,220,700.83 Dated December 06,
2021 Through December 16, 2021. (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 $14,238.90 Dated December 06,
2021 Through December 16, 2021. (CITY/FIRE)
D4.Consideration of a Professional Services Agreement with University Enterprises Corporation
on behalf of Inland Empire Small Business Development Center for Business Consulting
Services in the Amount of $25,000. (CITY)
E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTION
E1.Consideration of Second Reading and Adoption of the Following:
ORDINANCE NO. 991
AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADDING CHAPTER
3.76 TO THE RANCHO CUCAMONGA MUNICIPAL CODE TO ESTABLISH AN AFFORDABLE
HOUSING DEVELOPMENT IMPACT FEE
F. ADMINISTRATIVE HEARING ITEM(S)
G. ADVERTISED PUBLIC HEARINGS ITEM(S) CITY/FIRE DISTRICT
G1.Public Hearing to Consider First Reading of City Council Ordinance No. 992, to Approve Prezoning
(DRC202000186), Consent to a Proposed Annexation, and Adopt an Associated Plan for Service
(DRC202000185), and City Council Ordinance No. 993 to Approve Development Agreement
(DRC202100175), Each to be Read by Title Only and Waive Further Reading: to Consider City
Council Resolutions to Adopt General Plan Amendment (DRC202000184), Tentative Parcel Map
(SUBTPM20251), Design Review (DRC202000177), Conditional Use Permit (DRC202100317),
Uniform Sign Program (DRC202000178), and Certification of Environmental Impact Report, Make
Findings Pursuant to the Environmental Quality Act, and Adopt a Mitigation Monitoring and Reporting
Program (SCH No. 2020090076) to Allow for the Development of Two Industrial Warehouse Buildings
totaling approximately 655,878 square feet on an approximate 35acre project site Located
Approximately 650 East of Etiwanda Avenue, North of Napa Street; APNS: 022929123, 46, and 54.
The Rancho Cucamonga Fire Protection District Will Also Consider a Resolution to Consent to the
Proposed Annexation and Adoption of a Plan (DRC202000185) for the Same Project.
(RESOLUTION NOS. 2022001, 2022002, 2022003, 2022004 & 2022005, 2022006 AND
FD2022001) (ORDINANCE NOS. 992 & 993) (CITY/FIRE)
H. CITY MANAGER'S STAFF REPORT(S)
H1.Consideration to Approve an Amendment to the City Manager’s Employment Agreement. (CITY)
I. COUNCIL BUSINESS
I1.COUNCIL ANNOUNCEMENTS
(Comments to be limited to three minutes per Council Member.)
I2.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
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
twentyfour (24) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho
Cucamonga, California; 12505 Cultural Center Drive, Rancho Cucamonga, CA, 91739; 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) 4772700. 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.
CITY COUNCIL VISION STATEMENT
“Our Vision is to build on our success as a world class community,to create
an equitable,sustainable,and vibrant city,rich in opportunity for all to thrive.”
Page 2
MayorL. Dennis MichaelMayor Pro TemLynne B. KennedyMembers of the CityCouncil:Ryan A. HutchisonKristine D. ScottSam Spagnolo AMENDED AGENDA(ITEM A1 ADDED TO AGENDA 1/4/2022 4:30PM)CITY OF RANCHO CUCAMONGAREGULAR MEETING AGENDAJanuary 5, 202210500 Civic Center DriveRancho Cucamonga, CA 91730 FIRE PROTECTION DISTRICT BOARD – CITY COUNCILHOUSING SUCCESSOR AGENCY SUCCESSOR AGENCY – PUBLICFINANCE AUTHORITYCLOSED SESSION TRICOMMUNITIES ROOM 4:30 P.M.REGULAR MEETINGS COUNCIL CHAMBERS 7:00 P.M.The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in theCouncil Chambers located at 10500 Civic Center Drive. It Is the Intent to conclude the meeting by 10:00p.m. unless extended by the concurrence of the City Council. Agendas, minutes, and recordings ofmeetings can be found at www.cityofrc.us or by contacting the City Clerk's Office at 9097742023. LiveBroadcast available on Channel 3 (RCTV3).In accordance with AB 361, and to ensure the health and safety of our residents by limiting contact thatcould spread the COVID–19 virus, members of the public have the option to participate in this CityCouncil/Fire District meeting via a teleconference. Members of the public may also attend the meeting inperson. Those wishing to speak during public communication may call at the start of the meeting by dialing(909)7742751, if speaking on a Public Hearing item, please dial in when the Public Hearing is being heardat (909)7742751 to be added to the queue for public comment. Calls will be answered in the order received. Members of the public are encouraged to watch from the safety of their homes by Live Streaming on theCity's website at https://www.cityofrc.us/yourgovernment/citycouncilagendas or Local Cable: RCTV3Programming. The City of Rancho Cucamonga thanks you in advance for taking all precautions to preventspreading the COVID19 virus.CLOSED SESSION – 4:30 P.M. TRICOMMUNITIES ROOM ROLL CALL: Mayor Michael Mayor Pro Tem Kennedy Council Members Hutchison, Scott, and Spagnolo A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)C. CITY MANAGER ANNOUNCEMENTSD. CONDUCT OF CLOSED SESSIOND1.CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER, HUMAN RESOURCESDIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONSWITH THE RANCHO CUCAMONGA CITY EMPLOYEES’ ASSOCIATION (RCCEA), TEAMSTERSLOCAL 1932, RANCHO CUCAMONGA MANAGEMENT ASSOCIATION, EXECUTIVE MANAGEMENTGROUP – (CITY/FIRE)D2.CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: INITIATION OF LITIGATIONPURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION54956.9: 1 CASE – (CITY)D3.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT THE TERMINUS OF SMOKESTONE STREET, EAST OFTORREY PINE COURT, RANCHO CUCAMONGA, CALIFORNIA 91739, IDENTIFIED AS COUNTYASSESSOR’S PARCEL NUMBER 022804424, NEGOTIATING PARTIES JOHN GILLISON, CITYMANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND CHAO PING YANG;REGARDING PRICE AND TERMS. – (CITY)D4.CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TOPARAGRAPH(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: PEPE’S INC. V.CITY OF RANCHO CUCAMONGA, UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OFCALIFORNIA, CASE NO. 5:20CV02506JGBSP – (CITY)D5.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'SMONTESSORI SCHOOL AND GLOBAL PROPERTY HOLDINGS LLC VS. CITY OF RANCHOCUCAMONGA, SBSC CASE NO.: CIVDS 2014554. – (CITY)D6.CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHOCUCAMONGA V. DR LANDMARK, INC.; POWER MEDIC TECHNOLOGIES, INC.; HOFERPROPERTIES, LLC; AND DOES 1 THROUGH 5 INCLUSIVE, SBSC CASE NO.: CIVDS 1904713 –(CITY)D7.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8949 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916222; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER,REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,
OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING
PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)
D8.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY LOCATED AT 8783 ETIWANDA AVENUE/12949 WHITTRAM AVENUE,
FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER
022916214; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND,
PACIFIC, AND CUTLER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND KULAR
TRUCK LINE, INC., OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING
PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET
FORTH ABOVE. – (CITY)
D9.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY LOCATED AT 9333 ETIWANDA AVENUE, FURTHER IDENTIFIED AS
SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916223; NEGOTIATING
PARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER,
REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,
OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING
PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)
D10.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY LOCATED AT 9333 ETIWANDA AVENUE, FURTHER IDENTIFIED AS
SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916222; NEGOTIATING
PARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC, AND CUTLER,
REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,
OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE.
NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH
ABOVE. – (CITY)
D11.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY LOCATED AT 8768 ETIWANDA AVENUE, FURTHER IDENTIFIED AS
SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022913116; NEGOTIATING
PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND
CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND SCG/DP ETIWANDA LLC,
A DELAWARE LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TO
NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE
PROPERTY OWNERS SET FORTH ABOVE. – (CITY)
D12.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY LOCATED AT 8996 ETIWANDA AVENUE, FURTHER IDENTIFIED AS
SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022928379; NEGOTIATING
PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC AND
CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND BTC III RANCHO
CUCAMONGA LOGISTICS CENTER LP, A DELAWARE LIMITED LIABILITY COMPANY, OWNER;
REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES
MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)
D13.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY LOCATED AT 8821 ETIWANDA AVENUE, FURTHER IDENTIFIED AS
SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916215; NEGOTIATING
PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC AND
CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND WILLIAM A. JONES AND
JOAN F. JONES, TRUSTEES OF THE JONES FAMILY TRUST OF 2010, AS TO AN UNDIVIDED
ONETHIRD (1/3) INTEREST, AND JAMES ROY GARNESS AND RHONDA ANN GARNESS,
UNDIVIDED ONETHIRD (1/3) INTEREST, AND JAMES ROY GARNESS AND RHONDA ANN
GARNESS, TRUSTEES OF THE GARNESS FAMILY TRUST DATED JUNE 28, 2012, AS TO AN
UNDIVIDED ONETHIRD (1/3) INTEREST, AND JOHN S. CLEMONS AND PATRICIA R. CLEMONS,
TRUSTEES OF THE CLEMONS REVOCABLE TRUST DATED DECEMBER 4, 2014, AS TO AN
UNDIVIDED ONETHIRD (1/3) INTEREST, AS TENANTS IN COMMON, OWNER; REGARDING
INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY
NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)
D14.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY LOCATED AT 8688 ETIWANDA AVENUE, FURTHER IDENTIFIED AS
SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022913131; NEGOTIATING
PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND
CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND GOODMAN RANCHO SPE
LLC, A DELAWARE LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TO
NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE
PROPERTY OWNERS SET FORTH ABOVE. – (CITY)
D15.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY LOCATED AT 8889 ETIWANDA AVENUE, FURTHER IDENTIFIED AS
SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022929117; NEGOTIATING
PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND
CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND LIGHTNING P.M. LLC, A
CALIFORNIA LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TO
NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE
PROPERTY OWNERS SET FORTH ABOVE. – (CITY)
D16.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY LOCATED AT 8685 ETIWANDA AVENUE, FURTHER IDENTIFIED AS
SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022915128, FORMALLY
022915115; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT,
OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA,
AND COLOMBERO FAMILY LIMITED PARTNERSHIP, OWNER; REGARDING INSTRUCTIONS TO
NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE
PROPERTY OWNERS SET FORTH ABOVE. – (CITY)
D17.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY LOCATED AT 8717 AND 8733 ETIWANDA AVENUE AND 12928 AND
12934 WHITTRAM AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX
ASSESSOR'S PARCEL NUMBERS 022916102, 022916103, 022916104, AND 022916105;
NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND,
PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND
COLOMBERO FAMILY LIMITED PARTNERSHIP, OWNER; REGARDING INSTRUCTIONS TO
NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE
PROPERTY OWNERS SET FORTH ABOVE. – (CITY)
D18.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY LOCATED AT 8939 ETIWANDA AVENUE, FURTHER IDENTIFIED AS
SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022929155; NEGOTIATING
PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND
CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND BCORE IE WEST
OWNER LLC, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE.
NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH
ABOVE. – (CITY)
D19.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY LOCATED AT 12467 BASE LINE ROAD IDENTIFIED AS PARCEL
NUMBERS 1090331030000, 1090331040000, 1089581040000; 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 – Closed Session to Recess to the Regular City Council Meeting at 7:00 P.M. in the Council
Chambers at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California.
REGULAR MEETING – 7:00 P.M.
COUNCIL CHAMBERS
PLEDGE OF ALLEGIANCE
ROLL CALL:Mayor Michael
Mayor Pro Tem Kennedy
Council Members Hutchison, Scott, and Spagnolo
A. AMENDMENTS TO THE AGENDA
A1.AB 361 Findings for Special Brown Act Requirements for Teleconference Meetings. (CITY/FIRE)
B. ANNOUNCEMENT / PRESENTATIONS
B1.Administration of Oath of Office to Nicholas Ghirelli, City Attorney.
B2.Presentation of a Proclamation to Outgoing Historic Preservation/Planning Commissioners Tony
Guglielmo and Francisco Oaxaca for their Dedicated Service to the Historic Preservation/Planning
Commission.
B3.Presentation of a Certificate of Recognition to the Rancho Cucamonga High School Resource Officer
Deputy John Cadogan and School Nurse Yolanda Warren for Heroically Saving the Life of a Student
on Campus.
C. PUBLIC COMMUNICATIONS
Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor
Agency, and Public Finance Authority. 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 the
Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board,
and City Council from addressing any issue not previously included on the Agenda. The Fire Protection
District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council
may receive testimony and set the matter for a subsequent meeting.
Comments are to be limited to five minutes per individual or less, as deemed necessary by the
Mayor, depending upon the number of individuals desiring to speak. 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, making loud noises, or engaging in any
activity which might be disruptive to the decorum of the meeting.
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.
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 the Regular Meetings of November 17, 2021.
D2.Consideration to Approve City and Fire District BiWeekly Payroll in the Total Amount of
$1,902,322.32 and City and Fire District Weekly Check Registers (Excluding Checks Issued to
Southern California Gas Company) in the Total Amount of $7,220,700.83 Dated December 06,
2021 Through December 16, 2021. (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 $14,238.90 Dated December 06,
2021 Through December 16, 2021. (CITY/FIRE)
D4.Consideration of a Professional Services Agreement with University Enterprises Corporation
on behalf of Inland Empire Small Business Development Center for Business Consulting
Services in the Amount of $25,000. (CITY)
E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTION
E1.Consideration of Second Reading and Adoption of the Following:
ORDINANCE NO. 991
AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADDING CHAPTER
3.76 TO THE RANCHO CUCAMONGA MUNICIPAL CODE TO ESTABLISH AN AFFORDABLE
HOUSING DEVELOPMENT IMPACT FEE
F. ADMINISTRATIVE HEARING ITEM(S)
G. ADVERTISED PUBLIC HEARINGS ITEM(S) CITY/FIRE DISTRICT
G1.Public Hearing to Consider First Reading of City Council Ordinance No. 992, to Approve Prezoning
(DRC202000186), Consent to a Proposed Annexation, and Adopt an Associated Plan for Service
(DRC202000185), and City Council Ordinance No. 993 to Approve Development Agreement
(DRC202100175), Each to be Read by Title Only and Waive Further Reading: to Consider City
Council Resolutions to Adopt General Plan Amendment (DRC202000184), Tentative Parcel Map
(SUBTPM20251), Design Review (DRC202000177), Conditional Use Permit (DRC202100317),
Uniform Sign Program (DRC202000178), and Certification of Environmental Impact Report, Make
Findings Pursuant to the Environmental Quality Act, and Adopt a Mitigation Monitoring and Reporting
Program (SCH No. 2020090076) to Allow for the Development of Two Industrial Warehouse Buildings
totaling approximately 655,878 square feet on an approximate 35acre project site Located
Approximately 650 East of Etiwanda Avenue, North of Napa Street; APNS: 022929123, 46, and 54.
The Rancho Cucamonga Fire Protection District Will Also Consider a Resolution to Consent to the
Proposed Annexation and Adoption of a Plan (DRC202000185) for the Same Project.
(RESOLUTION NOS. 2022001, 2022002, 2022003, 2022004 & 2022005, 2022006 AND
FD2022001) (ORDINANCE NOS. 992 & 993) (CITY/FIRE)
H. CITY MANAGER'S STAFF REPORT(S)
H1.Consideration to Approve an Amendment to the City Manager’s Employment Agreement. (CITY)
I. COUNCIL BUSINESS
I1.COUNCIL ANNOUNCEMENTS
(Comments to be limited to three minutes per Council Member.)
I2.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
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
twentyfour (24) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho
Cucamonga, California; 12505 Cultural Center Drive, Rancho Cucamonga, CA, 91739; 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) 4772700. 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.
CITY COUNCIL VISION STATEMENT
“Our Vision is to build on our success as a world class community,to create
an equitable,sustainable,and vibrant city,rich in opportunity for all to thrive.”
Page 3
MayorL. Dennis MichaelMayor Pro TemLynne B. KennedyMembers of the CityCouncil:Ryan A. HutchisonKristine D. ScottSam Spagnolo AMENDED AGENDA(ITEM A1 ADDED TO AGENDA 1/4/2022 4:30PM)CITY OF RANCHO CUCAMONGAREGULAR MEETING AGENDAJanuary 5, 202210500 Civic Center DriveRancho Cucamonga, CA 91730 FIRE PROTECTION DISTRICT BOARD – CITY COUNCILHOUSING SUCCESSOR AGENCY SUCCESSOR AGENCY – PUBLICFINANCE AUTHORITYCLOSED SESSION TRICOMMUNITIES ROOM 4:30 P.M.REGULAR MEETINGS COUNCIL CHAMBERS 7:00 P.M.The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in theCouncil Chambers located at 10500 Civic Center Drive. It Is the Intent to conclude the meeting by 10:00p.m. unless extended by the concurrence of the City Council. Agendas, minutes, and recordings ofmeetings can be found at www.cityofrc.us or by contacting the City Clerk's Office at 9097742023. LiveBroadcast available on Channel 3 (RCTV3).In accordance with AB 361, and to ensure the health and safety of our residents by limiting contact thatcould spread the COVID–19 virus, members of the public have the option to participate in this CityCouncil/Fire District meeting via a teleconference. Members of the public may also attend the meeting inperson. Those wishing to speak during public communication may call at the start of the meeting by dialing(909)7742751, if speaking on a Public Hearing item, please dial in when the Public Hearing is being heardat (909)7742751 to be added to the queue for public comment. Calls will be answered in the order received. Members of the public are encouraged to watch from the safety of their homes by Live Streaming on theCity's website at https://www.cityofrc.us/yourgovernment/citycouncilagendas or Local Cable: RCTV3Programming. The City of Rancho Cucamonga thanks you in advance for taking all precautions to preventspreading the COVID19 virus.CLOSED SESSION – 4:30 P.M. TRICOMMUNITIES ROOM ROLL CALL: Mayor Michael Mayor Pro Tem Kennedy Council Members Hutchison, Scott, and Spagnolo A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)C. CITY MANAGER ANNOUNCEMENTSD. CONDUCT OF CLOSED SESSIOND1.CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER, HUMAN RESOURCESDIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONSWITH THE RANCHO CUCAMONGA CITY EMPLOYEES’ ASSOCIATION (RCCEA), TEAMSTERSLOCAL 1932, RANCHO CUCAMONGA MANAGEMENT ASSOCIATION, EXECUTIVE MANAGEMENTGROUP – (CITY/FIRE)D2.CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: INITIATION OF LITIGATIONPURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION54956.9: 1 CASE – (CITY)D3.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT THE TERMINUS OF SMOKESTONE STREET, EAST OFTORREY PINE COURT, RANCHO CUCAMONGA, CALIFORNIA 91739, IDENTIFIED AS COUNTYASSESSOR’S PARCEL NUMBER 022804424, NEGOTIATING PARTIES JOHN GILLISON, CITYMANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND CHAO PING YANG;REGARDING PRICE AND TERMS. – (CITY)D4.CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TOPARAGRAPH(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: PEPE’S INC. V.CITY OF RANCHO CUCAMONGA, UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OFCALIFORNIA, CASE NO. 5:20CV02506JGBSP – (CITY)D5.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'SMONTESSORI SCHOOL AND GLOBAL PROPERTY HOLDINGS LLC VS. CITY OF RANCHOCUCAMONGA, SBSC CASE NO.: CIVDS 2014554. – (CITY)D6.CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHOCUCAMONGA V. DR LANDMARK, INC.; POWER MEDIC TECHNOLOGIES, INC.; HOFERPROPERTIES, LLC; AND DOES 1 THROUGH 5 INCLUSIVE, SBSC CASE NO.: CIVDS 1904713 –(CITY)D7.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8949 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916222; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER,REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATINGPARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)D8.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8783 ETIWANDA AVENUE/12949 WHITTRAM AVENUE,FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER022916214; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND,PACIFIC, AND CUTLER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND KULARTRUCK LINE, INC., OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNINGPRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SETFORTH ABOVE. – (CITY)D9.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 9333 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916223; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER,REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATINGPARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)D10.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 9333 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916222; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC, AND CUTLER,REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTHABOVE. – (CITY)D11.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8768 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022913116; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, ANDCUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND SCG/DP ETIWANDA LLC,A DELAWARE LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TONEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THEPROPERTY OWNERS SET FORTH ABOVE. – (CITY)D12.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8996 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022928379; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC ANDCUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND BTC III RANCHOCUCAMONGA LOGISTICS CENTER LP, A DELAWARE LIMITED LIABILITY COMPANY, OWNER;
REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES
MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)
D13.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY LOCATED AT 8821 ETIWANDA AVENUE, FURTHER IDENTIFIED AS
SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916215; NEGOTIATING
PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC AND
CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND WILLIAM A. JONES AND
JOAN F. JONES, TRUSTEES OF THE JONES FAMILY TRUST OF 2010, AS TO AN UNDIVIDED
ONETHIRD (1/3) INTEREST, AND JAMES ROY GARNESS AND RHONDA ANN GARNESS,
UNDIVIDED ONETHIRD (1/3) INTEREST, AND JAMES ROY GARNESS AND RHONDA ANN
GARNESS, TRUSTEES OF THE GARNESS FAMILY TRUST DATED JUNE 28, 2012, AS TO AN
UNDIVIDED ONETHIRD (1/3) INTEREST, AND JOHN S. CLEMONS AND PATRICIA R. CLEMONS,
TRUSTEES OF THE CLEMONS REVOCABLE TRUST DATED DECEMBER 4, 2014, AS TO AN
UNDIVIDED ONETHIRD (1/3) INTEREST, AS TENANTS IN COMMON, OWNER; REGARDING
INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY
NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)
D14.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY LOCATED AT 8688 ETIWANDA AVENUE, FURTHER IDENTIFIED AS
SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022913131; NEGOTIATING
PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND
CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND GOODMAN RANCHO SPE
LLC, A DELAWARE LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TO
NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE
PROPERTY OWNERS SET FORTH ABOVE. – (CITY)
D15.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY LOCATED AT 8889 ETIWANDA AVENUE, FURTHER IDENTIFIED AS
SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022929117; NEGOTIATING
PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND
CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND LIGHTNING P.M. LLC, A
CALIFORNIA LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TO
NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE
PROPERTY OWNERS SET FORTH ABOVE. – (CITY)
D16.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY LOCATED AT 8685 ETIWANDA AVENUE, FURTHER IDENTIFIED AS
SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022915128, FORMALLY
022915115; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT,
OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA,
AND COLOMBERO FAMILY LIMITED PARTNERSHIP, OWNER; REGARDING INSTRUCTIONS TO
NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE
PROPERTY OWNERS SET FORTH ABOVE. – (CITY)
D17.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY LOCATED AT 8717 AND 8733 ETIWANDA AVENUE AND 12928 AND
12934 WHITTRAM AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX
ASSESSOR'S PARCEL NUMBERS 022916102, 022916103, 022916104, AND 022916105;
NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND,
PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND
COLOMBERO FAMILY LIMITED PARTNERSHIP, OWNER; REGARDING INSTRUCTIONS TO
NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE
PROPERTY OWNERS SET FORTH ABOVE. – (CITY)
D18.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY LOCATED AT 8939 ETIWANDA AVENUE, FURTHER IDENTIFIED AS
SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022929155; NEGOTIATING
PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND
CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND BCORE IE WEST
OWNER LLC, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE.
NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH
ABOVE. – (CITY)
D19.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY LOCATED AT 12467 BASE LINE ROAD IDENTIFIED AS PARCEL
NUMBERS 1090331030000, 1090331040000, 1089581040000; 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 – Closed Session to Recess to the Regular City Council Meeting at 7:00 P.M. in the Council
Chambers at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California.
REGULAR MEETING – 7:00 P.M.
COUNCIL CHAMBERS
PLEDGE OF ALLEGIANCE
ROLL CALL:Mayor Michael
Mayor Pro Tem Kennedy
Council Members Hutchison, Scott, and Spagnolo
A. AMENDMENTS TO THE AGENDA
A1.AB 361 Findings for Special Brown Act Requirements for Teleconference Meetings. (CITY/FIRE)
B. ANNOUNCEMENT / PRESENTATIONS
B1.Administration of Oath of Office to Nicholas Ghirelli, City Attorney.
B2.Presentation of a Proclamation to Outgoing Historic Preservation/Planning Commissioners Tony
Guglielmo and Francisco Oaxaca for their Dedicated Service to the Historic Preservation/Planning
Commission.
B3.Presentation of a Certificate of Recognition to the Rancho Cucamonga High School Resource Officer
Deputy John Cadogan and School Nurse Yolanda Warren for Heroically Saving the Life of a Student
on Campus.
C. PUBLIC COMMUNICATIONS
Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor
Agency, and Public Finance Authority. 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 the
Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board,
and City Council from addressing any issue not previously included on the Agenda. The Fire Protection
District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council
may receive testimony and set the matter for a subsequent meeting.
Comments are to be limited to five minutes per individual or less, as deemed necessary by the
Mayor, depending upon the number of individuals desiring to speak. 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, making loud noises, or engaging in any
activity which might be disruptive to the decorum of the meeting.
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.
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 the Regular Meetings of November 17, 2021.
D2.Consideration to Approve City and Fire District BiWeekly Payroll in the Total Amount of
$1,902,322.32 and City and Fire District Weekly Check Registers (Excluding Checks Issued to
Southern California Gas Company) in the Total Amount of $7,220,700.83 Dated December 06,
2021 Through December 16, 2021. (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 $14,238.90 Dated December 06,
2021 Through December 16, 2021. (CITY/FIRE)
D4.Consideration of a Professional Services Agreement with University Enterprises Corporation
on behalf of Inland Empire Small Business Development Center for Business Consulting
Services in the Amount of $25,000. (CITY)
E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTION
E1.Consideration of Second Reading and Adoption of the Following:
ORDINANCE NO. 991
AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADDING CHAPTER
3.76 TO THE RANCHO CUCAMONGA MUNICIPAL CODE TO ESTABLISH AN AFFORDABLE
HOUSING DEVELOPMENT IMPACT FEE
F. ADMINISTRATIVE HEARING ITEM(S)
G. ADVERTISED PUBLIC HEARINGS ITEM(S) CITY/FIRE DISTRICT
G1.Public Hearing to Consider First Reading of City Council Ordinance No. 992, to Approve Prezoning
(DRC202000186), Consent to a Proposed Annexation, and Adopt an Associated Plan for Service
(DRC202000185), and City Council Ordinance No. 993 to Approve Development Agreement
(DRC202100175), Each to be Read by Title Only and Waive Further Reading: to Consider City
Council Resolutions to Adopt General Plan Amendment (DRC202000184), Tentative Parcel Map
(SUBTPM20251), Design Review (DRC202000177), Conditional Use Permit (DRC202100317),
Uniform Sign Program (DRC202000178), and Certification of Environmental Impact Report, Make
Findings Pursuant to the Environmental Quality Act, and Adopt a Mitigation Monitoring and Reporting
Program (SCH No. 2020090076) to Allow for the Development of Two Industrial Warehouse Buildings
totaling approximately 655,878 square feet on an approximate 35acre project site Located
Approximately 650 East of Etiwanda Avenue, North of Napa Street; APNS: 022929123, 46, and 54.
The Rancho Cucamonga Fire Protection District Will Also Consider a Resolution to Consent to the
Proposed Annexation and Adoption of a Plan (DRC202000185) for the Same Project.
(RESOLUTION NOS. 2022001, 2022002, 2022003, 2022004 & 2022005, 2022006 AND
FD2022001) (ORDINANCE NOS. 992 & 993) (CITY/FIRE)
H. CITY MANAGER'S STAFF REPORT(S)
H1.Consideration to Approve an Amendment to the City Manager’s Employment Agreement. (CITY)
I. COUNCIL BUSINESS
I1.COUNCIL ANNOUNCEMENTS
(Comments to be limited to three minutes per Council Member.)
I2.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
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
twentyfour (24) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho
Cucamonga, California; 12505 Cultural Center Drive, Rancho Cucamonga, CA, 91739; 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) 4772700. 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.
CITY COUNCIL VISION STATEMENT
“Our Vision is to build on our success as a world class community,to create
an equitable,sustainable,and vibrant city,rich in opportunity for all to thrive.”
Page 4
MayorL. Dennis MichaelMayor Pro TemLynne B. KennedyMembers of the CityCouncil:Ryan A. HutchisonKristine D. ScottSam Spagnolo AMENDED AGENDA(ITEM A1 ADDED TO AGENDA 1/4/2022 4:30PM)CITY OF RANCHO CUCAMONGAREGULAR MEETING AGENDAJanuary 5, 202210500 Civic Center DriveRancho Cucamonga, CA 91730 FIRE PROTECTION DISTRICT BOARD – CITY COUNCILHOUSING SUCCESSOR AGENCY SUCCESSOR AGENCY – PUBLICFINANCE AUTHORITYCLOSED SESSION TRICOMMUNITIES ROOM 4:30 P.M.REGULAR MEETINGS COUNCIL CHAMBERS 7:00 P.M.The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in theCouncil Chambers located at 10500 Civic Center Drive. It Is the Intent to conclude the meeting by 10:00p.m. unless extended by the concurrence of the City Council. Agendas, minutes, and recordings ofmeetings can be found at www.cityofrc.us or by contacting the City Clerk's Office at 9097742023. LiveBroadcast available on Channel 3 (RCTV3).In accordance with AB 361, and to ensure the health and safety of our residents by limiting contact thatcould spread the COVID–19 virus, members of the public have the option to participate in this CityCouncil/Fire District meeting via a teleconference. Members of the public may also attend the meeting inperson. Those wishing to speak during public communication may call at the start of the meeting by dialing(909)7742751, if speaking on a Public Hearing item, please dial in when the Public Hearing is being heardat (909)7742751 to be added to the queue for public comment. Calls will be answered in the order received. Members of the public are encouraged to watch from the safety of their homes by Live Streaming on theCity's website at https://www.cityofrc.us/yourgovernment/citycouncilagendas or Local Cable: RCTV3Programming. The City of Rancho Cucamonga thanks you in advance for taking all precautions to preventspreading the COVID19 virus.CLOSED SESSION – 4:30 P.M. TRICOMMUNITIES ROOM ROLL CALL: Mayor Michael Mayor Pro Tem Kennedy Council Members Hutchison, Scott, and Spagnolo A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)C. CITY MANAGER ANNOUNCEMENTSD. CONDUCT OF CLOSED SESSIOND1.CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER, HUMAN RESOURCESDIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONSWITH THE RANCHO CUCAMONGA CITY EMPLOYEES’ ASSOCIATION (RCCEA), TEAMSTERSLOCAL 1932, RANCHO CUCAMONGA MANAGEMENT ASSOCIATION, EXECUTIVE MANAGEMENTGROUP – (CITY/FIRE)D2.CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: INITIATION OF LITIGATIONPURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION54956.9: 1 CASE – (CITY)D3.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT THE TERMINUS OF SMOKESTONE STREET, EAST OFTORREY PINE COURT, RANCHO CUCAMONGA, CALIFORNIA 91739, IDENTIFIED AS COUNTYASSESSOR’S PARCEL NUMBER 022804424, NEGOTIATING PARTIES JOHN GILLISON, CITYMANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND CHAO PING YANG;REGARDING PRICE AND TERMS. – (CITY)D4.CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TOPARAGRAPH(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: PEPE’S INC. V.CITY OF RANCHO CUCAMONGA, UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OFCALIFORNIA, CASE NO. 5:20CV02506JGBSP – (CITY)D5.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'SMONTESSORI SCHOOL AND GLOBAL PROPERTY HOLDINGS LLC VS. CITY OF RANCHOCUCAMONGA, SBSC CASE NO.: CIVDS 2014554. – (CITY)D6.CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHOCUCAMONGA V. DR LANDMARK, INC.; POWER MEDIC TECHNOLOGIES, INC.; HOFERPROPERTIES, LLC; AND DOES 1 THROUGH 5 INCLUSIVE, SBSC CASE NO.: CIVDS 1904713 –(CITY)D7.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8949 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916222; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER,REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATINGPARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)D8.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8783 ETIWANDA AVENUE/12949 WHITTRAM AVENUE,FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER022916214; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND,PACIFIC, AND CUTLER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND KULARTRUCK LINE, INC., OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNINGPRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SETFORTH ABOVE. – (CITY)D9.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 9333 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916223; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER,REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATINGPARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)D10.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 9333 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916222; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC, AND CUTLER,REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTHABOVE. – (CITY)D11.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8768 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022913116; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, ANDCUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND SCG/DP ETIWANDA LLC,A DELAWARE LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TONEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THEPROPERTY OWNERS SET FORTH ABOVE. – (CITY)D12.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8996 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022928379; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC ANDCUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND BTC III RANCHOCUCAMONGA LOGISTICS CENTER LP, A DELAWARE LIMITED LIABILITY COMPANY, OWNER;REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIESMAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)D13.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8821 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916215; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC ANDCUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND WILLIAM A. JONES ANDJOAN F. JONES, TRUSTEES OF THE JONES FAMILY TRUST OF 2010, AS TO AN UNDIVIDEDONETHIRD (1/3) INTEREST, AND JAMES ROY GARNESS AND RHONDA ANN GARNESS,UNDIVIDED ONETHIRD (1/3) INTEREST, AND JAMES ROY GARNESS AND RHONDA ANNGARNESS, TRUSTEES OF THE GARNESS FAMILY TRUST DATED JUNE 28, 2012, AS TO ANUNDIVIDED ONETHIRD (1/3) INTEREST, AND JOHN S. CLEMONS AND PATRICIA R. CLEMONS,TRUSTEES OF THE CLEMONS REVOCABLE TRUST DATED DECEMBER 4, 2014, AS TO ANUNDIVIDED ONETHIRD (1/3) INTEREST, AS TENANTS IN COMMON, OWNER; REGARDINGINSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAYNEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)D14.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8688 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022913131; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, ANDCUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND GOODMAN RANCHO SPELLC, A DELAWARE LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TONEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THEPROPERTY OWNERS SET FORTH ABOVE. – (CITY)D15.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8889 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022929117; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, ANDCUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND LIGHTNING P.M. LLC, ACALIFORNIA LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TONEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THEPROPERTY OWNERS SET FORTH ABOVE. – (CITY)D16.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8685 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022915128, FORMALLY022915115; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT,OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA,AND COLOMBERO FAMILY LIMITED PARTNERSHIP, OWNER; REGARDING INSTRUCTIONS TONEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THEPROPERTY OWNERS SET FORTH ABOVE. – (CITY)D17.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8717 AND 8733 ETIWANDA AVENUE AND 12928 AND12934 WHITTRAM AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAXASSESSOR'S PARCEL NUMBERS 022916102, 022916103, 022916104, AND 022916105;NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND,PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, ANDCOLOMBERO FAMILY LIMITED PARTNERSHIP, OWNER; REGARDING INSTRUCTIONS TONEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE
PROPERTY OWNERS SET FORTH ABOVE. – (CITY)
D18.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY LOCATED AT 8939 ETIWANDA AVENUE, FURTHER IDENTIFIED AS
SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022929155; NEGOTIATING
PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND
CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND BCORE IE WEST
OWNER LLC, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE.
NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH
ABOVE. – (CITY)
D19.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY LOCATED AT 12467 BASE LINE ROAD IDENTIFIED AS PARCEL
NUMBERS 1090331030000, 1090331040000, 1089581040000; 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 – Closed Session to Recess to the Regular City Council Meeting at 7:00 P.M. in the Council
Chambers at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California.
REGULAR MEETING – 7:00 P.M.
COUNCIL CHAMBERS
PLEDGE OF ALLEGIANCE
ROLL CALL:Mayor Michael
Mayor Pro Tem Kennedy
Council Members Hutchison, Scott, and Spagnolo
A. AMENDMENTS TO THE AGENDA
A1.AB 361 Findings for Special Brown Act Requirements for Teleconference Meetings. (CITY/FIRE)
B. ANNOUNCEMENT / PRESENTATIONS
B1.Administration of Oath of Office to Nicholas Ghirelli, City Attorney.
B2.Presentation of a Proclamation to Outgoing Historic Preservation/Planning Commissioners Tony
Guglielmo and Francisco Oaxaca for their Dedicated Service to the Historic Preservation/Planning
Commission.
B3.Presentation of a Certificate of Recognition to the Rancho Cucamonga High School Resource Officer
Deputy John Cadogan and School Nurse Yolanda Warren for Heroically Saving the Life of a Student
on Campus.
C. PUBLIC COMMUNICATIONS
Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor
Agency, and Public Finance Authority. 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 the
Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board,
and City Council from addressing any issue not previously included on the Agenda. The Fire Protection
District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council
may receive testimony and set the matter for a subsequent meeting.
Comments are to be limited to five minutes per individual or less, as deemed necessary by the
Mayor, depending upon the number of individuals desiring to speak. 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, making loud noises, or engaging in any
activity which might be disruptive to the decorum of the meeting.
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.
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 the Regular Meetings of November 17, 2021.
D2.Consideration to Approve City and Fire District BiWeekly Payroll in the Total Amount of
$1,902,322.32 and City and Fire District Weekly Check Registers (Excluding Checks Issued to
Southern California Gas Company) in the Total Amount of $7,220,700.83 Dated December 06,
2021 Through December 16, 2021. (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 $14,238.90 Dated December 06,
2021 Through December 16, 2021. (CITY/FIRE)
D4.Consideration of a Professional Services Agreement with University Enterprises Corporation
on behalf of Inland Empire Small Business Development Center for Business Consulting
Services in the Amount of $25,000. (CITY)
E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTION
E1.Consideration of Second Reading and Adoption of the Following:
ORDINANCE NO. 991
AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADDING CHAPTER
3.76 TO THE RANCHO CUCAMONGA MUNICIPAL CODE TO ESTABLISH AN AFFORDABLE
HOUSING DEVELOPMENT IMPACT FEE
F. ADMINISTRATIVE HEARING ITEM(S)
G. ADVERTISED PUBLIC HEARINGS ITEM(S) CITY/FIRE DISTRICT
G1.Public Hearing to Consider First Reading of City Council Ordinance No. 992, to Approve Prezoning
(DRC202000186), Consent to a Proposed Annexation, and Adopt an Associated Plan for Service
(DRC202000185), and City Council Ordinance No. 993 to Approve Development Agreement
(DRC202100175), Each to be Read by Title Only and Waive Further Reading: to Consider City
Council Resolutions to Adopt General Plan Amendment (DRC202000184), Tentative Parcel Map
(SUBTPM20251), Design Review (DRC202000177), Conditional Use Permit (DRC202100317),
Uniform Sign Program (DRC202000178), and Certification of Environmental Impact Report, Make
Findings Pursuant to the Environmental Quality Act, and Adopt a Mitigation Monitoring and Reporting
Program (SCH No. 2020090076) to Allow for the Development of Two Industrial Warehouse Buildings
totaling approximately 655,878 square feet on an approximate 35acre project site Located
Approximately 650 East of Etiwanda Avenue, North of Napa Street; APNS: 022929123, 46, and 54.
The Rancho Cucamonga Fire Protection District Will Also Consider a Resolution to Consent to the
Proposed Annexation and Adoption of a Plan (DRC202000185) for the Same Project.
(RESOLUTION NOS. 2022001, 2022002, 2022003, 2022004 & 2022005, 2022006 AND
FD2022001) (ORDINANCE NOS. 992 & 993) (CITY/FIRE)
H. CITY MANAGER'S STAFF REPORT(S)
H1.Consideration to Approve an Amendment to the City Manager’s Employment Agreement. (CITY)
I. COUNCIL BUSINESS
I1.COUNCIL ANNOUNCEMENTS
(Comments to be limited to three minutes per Council Member.)
I2.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
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
twentyfour (24) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho
Cucamonga, California; 12505 Cultural Center Drive, Rancho Cucamonga, CA, 91739; 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) 4772700. 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.
CITY COUNCIL VISION STATEMENT
“Our Vision is to build on our success as a world class community,to create
an equitable,sustainable,and vibrant city,rich in opportunity for all to thrive.”
Page 5
MayorL. Dennis MichaelMayor Pro TemLynne B. KennedyMembers of the CityCouncil:Ryan A. HutchisonKristine D. ScottSam Spagnolo AMENDED AGENDA(ITEM A1 ADDED TO AGENDA 1/4/2022 4:30PM)CITY OF RANCHO CUCAMONGAREGULAR MEETING AGENDAJanuary 5, 202210500 Civic Center DriveRancho Cucamonga, CA 91730 FIRE PROTECTION DISTRICT BOARD – CITY COUNCILHOUSING SUCCESSOR AGENCY SUCCESSOR AGENCY – PUBLICFINANCE AUTHORITYCLOSED SESSION TRICOMMUNITIES ROOM 4:30 P.M.REGULAR MEETINGS COUNCIL CHAMBERS 7:00 P.M.The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in theCouncil Chambers located at 10500 Civic Center Drive. It Is the Intent to conclude the meeting by 10:00p.m. unless extended by the concurrence of the City Council. Agendas, minutes, and recordings ofmeetings can be found at www.cityofrc.us or by contacting the City Clerk's Office at 9097742023. LiveBroadcast available on Channel 3 (RCTV3).In accordance with AB 361, and to ensure the health and safety of our residents by limiting contact thatcould spread the COVID–19 virus, members of the public have the option to participate in this CityCouncil/Fire District meeting via a teleconference. Members of the public may also attend the meeting inperson. Those wishing to speak during public communication may call at the start of the meeting by dialing(909)7742751, if speaking on a Public Hearing item, please dial in when the Public Hearing is being heardat (909)7742751 to be added to the queue for public comment. Calls will be answered in the order received. Members of the public are encouraged to watch from the safety of their homes by Live Streaming on theCity's website at https://www.cityofrc.us/yourgovernment/citycouncilagendas or Local Cable: RCTV3Programming. The City of Rancho Cucamonga thanks you in advance for taking all precautions to preventspreading the COVID19 virus.CLOSED SESSION – 4:30 P.M. TRICOMMUNITIES ROOM ROLL CALL: Mayor Michael Mayor Pro Tem Kennedy Council Members Hutchison, Scott, and Spagnolo A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)C. CITY MANAGER ANNOUNCEMENTSD. CONDUCT OF CLOSED SESSIOND1.CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER, HUMAN RESOURCESDIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONSWITH THE RANCHO CUCAMONGA CITY EMPLOYEES’ ASSOCIATION (RCCEA), TEAMSTERSLOCAL 1932, RANCHO CUCAMONGA MANAGEMENT ASSOCIATION, EXECUTIVE MANAGEMENTGROUP – (CITY/FIRE)D2.CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: INITIATION OF LITIGATIONPURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION54956.9: 1 CASE – (CITY)D3.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT THE TERMINUS OF SMOKESTONE STREET, EAST OFTORREY PINE COURT, RANCHO CUCAMONGA, CALIFORNIA 91739, IDENTIFIED AS COUNTYASSESSOR’S PARCEL NUMBER 022804424, NEGOTIATING PARTIES JOHN GILLISON, CITYMANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND CHAO PING YANG;REGARDING PRICE AND TERMS. – (CITY)D4.CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TOPARAGRAPH(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: PEPE’S INC. V.CITY OF RANCHO CUCAMONGA, UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OFCALIFORNIA, CASE NO. 5:20CV02506JGBSP – (CITY)D5.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'SMONTESSORI SCHOOL AND GLOBAL PROPERTY HOLDINGS LLC VS. CITY OF RANCHOCUCAMONGA, SBSC CASE NO.: CIVDS 2014554. – (CITY)D6.CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHOCUCAMONGA V. DR LANDMARK, INC.; POWER MEDIC TECHNOLOGIES, INC.; HOFERPROPERTIES, LLC; AND DOES 1 THROUGH 5 INCLUSIVE, SBSC CASE NO.: CIVDS 1904713 –(CITY)D7.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8949 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916222; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER,REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATINGPARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)D8.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8783 ETIWANDA AVENUE/12949 WHITTRAM AVENUE,FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER022916214; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND,PACIFIC, AND CUTLER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND KULARTRUCK LINE, INC., OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNINGPRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SETFORTH ABOVE. – (CITY)D9.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 9333 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916223; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER,REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATINGPARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)D10.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 9333 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916222; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC, AND CUTLER,REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTHABOVE. – (CITY)D11.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8768 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022913116; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, ANDCUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND SCG/DP ETIWANDA LLC,A DELAWARE LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TONEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THEPROPERTY OWNERS SET FORTH ABOVE. – (CITY)D12.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8996 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022928379; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC ANDCUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND BTC III RANCHOCUCAMONGA LOGISTICS CENTER LP, A DELAWARE LIMITED LIABILITY COMPANY, OWNER;REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIESMAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)D13.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8821 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916215; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC ANDCUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND WILLIAM A. JONES ANDJOAN F. JONES, TRUSTEES OF THE JONES FAMILY TRUST OF 2010, AS TO AN UNDIVIDEDONETHIRD (1/3) INTEREST, AND JAMES ROY GARNESS AND RHONDA ANN GARNESS,UNDIVIDED ONETHIRD (1/3) INTEREST, AND JAMES ROY GARNESS AND RHONDA ANNGARNESS, TRUSTEES OF THE GARNESS FAMILY TRUST DATED JUNE 28, 2012, AS TO ANUNDIVIDED ONETHIRD (1/3) INTEREST, AND JOHN S. CLEMONS AND PATRICIA R. CLEMONS,TRUSTEES OF THE CLEMONS REVOCABLE TRUST DATED DECEMBER 4, 2014, AS TO ANUNDIVIDED ONETHIRD (1/3) INTEREST, AS TENANTS IN COMMON, OWNER; REGARDINGINSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAYNEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)D14.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8688 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022913131; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, ANDCUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND GOODMAN RANCHO SPELLC, A DELAWARE LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TONEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THEPROPERTY OWNERS SET FORTH ABOVE. – (CITY)D15.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8889 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022929117; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, ANDCUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND LIGHTNING P.M. LLC, ACALIFORNIA LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TONEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THEPROPERTY OWNERS SET FORTH ABOVE. – (CITY)D16.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8685 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022915128, FORMALLY022915115; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT,OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA,AND COLOMBERO FAMILY LIMITED PARTNERSHIP, OWNER; REGARDING INSTRUCTIONS TONEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THEPROPERTY OWNERS SET FORTH ABOVE. – (CITY)D17.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8717 AND 8733 ETIWANDA AVENUE AND 12928 AND12934 WHITTRAM AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAXASSESSOR'S PARCEL NUMBERS 022916102, 022916103, 022916104, AND 022916105;NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND,PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, ANDCOLOMBERO FAMILY LIMITED PARTNERSHIP, OWNER; REGARDING INSTRUCTIONS TONEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THEPROPERTY OWNERS SET FORTH ABOVE. – (CITY)D18.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8939 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022929155; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, ANDCUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND BCORE IE WESTOWNER LLC, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE.NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTHABOVE. – (CITY)D19.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 12467 BASE LINE ROAD IDENTIFIED AS PARCELNUMBERS 1090331030000, 1090331040000, 1089581040000; NEGOTIATING PARTIES JOHNGILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, ANDJOSEPH FILIPPI, JOSEPH FILIPPI WINERY AND VINEYARDS; REGARDING PRICE AND TERMS.– (CITY)E. RECESS – Closed Session to Recess to the Regular City Council Meeting at 7:00 P.M. in the Council
Chambers at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California.
REGULAR MEETING – 7:00 P.M.
COUNCIL CHAMBERS
PLEDGE OF ALLEGIANCE
ROLL CALL:Mayor Michael
Mayor Pro Tem Kennedy
Council Members Hutchison, Scott, and Spagnolo
A. AMENDMENTS TO THE AGENDA
A1.AB 361 Findings for Special Brown Act Requirements for Teleconference Meetings. (CITY/FIRE)
B. ANNOUNCEMENT / PRESENTATIONS
B1.Administration of Oath of Office to Nicholas Ghirelli, City Attorney.
B2.Presentation of a Proclamation to Outgoing Historic Preservation/Planning Commissioners Tony
Guglielmo and Francisco Oaxaca for their Dedicated Service to the Historic Preservation/Planning
Commission.
B3.Presentation of a Certificate of Recognition to the Rancho Cucamonga High School Resource Officer
Deputy John Cadogan and School Nurse Yolanda Warren for Heroically Saving the Life of a Student
on Campus.
C. PUBLIC COMMUNICATIONS
Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor
Agency, and Public Finance Authority. 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 the
Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board,
and City Council from addressing any issue not previously included on the Agenda. The Fire Protection
District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council
may receive testimony and set the matter for a subsequent meeting.
Comments are to be limited to five minutes per individual or less, as deemed necessary by the
Mayor, depending upon the number of individuals desiring to speak. 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, making loud noises, or engaging in any
activity which might be disruptive to the decorum of the meeting.
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.
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 the Regular Meetings of November 17, 2021.
D2.Consideration to Approve City and Fire District BiWeekly Payroll in the Total Amount of
$1,902,322.32 and City and Fire District Weekly Check Registers (Excluding Checks Issued to
Southern California Gas Company) in the Total Amount of $7,220,700.83 Dated December 06,
2021 Through December 16, 2021. (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 $14,238.90 Dated December 06,
2021 Through December 16, 2021. (CITY/FIRE)
D4.Consideration of a Professional Services Agreement with University Enterprises Corporation
on behalf of Inland Empire Small Business Development Center for Business Consulting
Services in the Amount of $25,000. (CITY)
E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTION
E1.Consideration of Second Reading and Adoption of the Following:
ORDINANCE NO. 991
AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADDING CHAPTER
3.76 TO THE RANCHO CUCAMONGA MUNICIPAL CODE TO ESTABLISH AN AFFORDABLE
HOUSING DEVELOPMENT IMPACT FEE
F. ADMINISTRATIVE HEARING ITEM(S)
G. ADVERTISED PUBLIC HEARINGS ITEM(S) CITY/FIRE DISTRICT
G1.Public Hearing to Consider First Reading of City Council Ordinance No. 992, to Approve Prezoning
(DRC202000186), Consent to a Proposed Annexation, and Adopt an Associated Plan for Service
(DRC202000185), and City Council Ordinance No. 993 to Approve Development Agreement
(DRC202100175), Each to be Read by Title Only and Waive Further Reading: to Consider City
Council Resolutions to Adopt General Plan Amendment (DRC202000184), Tentative Parcel Map
(SUBTPM20251), Design Review (DRC202000177), Conditional Use Permit (DRC202100317),
Uniform Sign Program (DRC202000178), and Certification of Environmental Impact Report, Make
Findings Pursuant to the Environmental Quality Act, and Adopt a Mitigation Monitoring and Reporting
Program (SCH No. 2020090076) to Allow for the Development of Two Industrial Warehouse Buildings
totaling approximately 655,878 square feet on an approximate 35acre project site Located
Approximately 650 East of Etiwanda Avenue, North of Napa Street; APNS: 022929123, 46, and 54.
The Rancho Cucamonga Fire Protection District Will Also Consider a Resolution to Consent to the
Proposed Annexation and Adoption of a Plan (DRC202000185) for the Same Project.
(RESOLUTION NOS. 2022001, 2022002, 2022003, 2022004 & 2022005, 2022006 AND
FD2022001) (ORDINANCE NOS. 992 & 993) (CITY/FIRE)
H. CITY MANAGER'S STAFF REPORT(S)
H1.Consideration to Approve an Amendment to the City Manager’s Employment Agreement. (CITY)
I. COUNCIL BUSINESS
I1.COUNCIL ANNOUNCEMENTS
(Comments to be limited to three minutes per Council Member.)
I2.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
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
twentyfour (24) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho
Cucamonga, California; 12505 Cultural Center Drive, Rancho Cucamonga, CA, 91739; 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) 4772700. 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.
CITY COUNCIL VISION STATEMENT
“Our Vision is to build on our success as a world class community,to create
an equitable,sustainable,and vibrant city,rich in opportunity for all to thrive.”
Page 6
MayorL. Dennis MichaelMayor Pro TemLynne B. KennedyMembers of the CityCouncil:Ryan A. HutchisonKristine D. ScottSam Spagnolo AMENDED AGENDA(ITEM A1 ADDED TO AGENDA 1/4/2022 4:30PM)CITY OF RANCHO CUCAMONGAREGULAR MEETING AGENDAJanuary 5, 202210500 Civic Center DriveRancho Cucamonga, CA 91730 FIRE PROTECTION DISTRICT BOARD – CITY COUNCILHOUSING SUCCESSOR AGENCY SUCCESSOR AGENCY – PUBLICFINANCE AUTHORITYCLOSED SESSION TRICOMMUNITIES ROOM 4:30 P.M.REGULAR MEETINGS COUNCIL CHAMBERS 7:00 P.M.The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in theCouncil Chambers located at 10500 Civic Center Drive. It Is the Intent to conclude the meeting by 10:00p.m. unless extended by the concurrence of the City Council. Agendas, minutes, and recordings ofmeetings can be found at www.cityofrc.us or by contacting the City Clerk's Office at 9097742023. LiveBroadcast available on Channel 3 (RCTV3).In accordance with AB 361, and to ensure the health and safety of our residents by limiting contact thatcould spread the COVID–19 virus, members of the public have the option to participate in this CityCouncil/Fire District meeting via a teleconference. Members of the public may also attend the meeting inperson. Those wishing to speak during public communication may call at the start of the meeting by dialing(909)7742751, if speaking on a Public Hearing item, please dial in when the Public Hearing is being heardat (909)7742751 to be added to the queue for public comment. Calls will be answered in the order received. Members of the public are encouraged to watch from the safety of their homes by Live Streaming on theCity's website at https://www.cityofrc.us/yourgovernment/citycouncilagendas or Local Cable: RCTV3Programming. The City of Rancho Cucamonga thanks you in advance for taking all precautions to preventspreading the COVID19 virus.CLOSED SESSION – 4:30 P.M. TRICOMMUNITIES ROOM ROLL CALL: Mayor Michael Mayor Pro Tem Kennedy Council Members Hutchison, Scott, and Spagnolo A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)C. CITY MANAGER ANNOUNCEMENTSD. CONDUCT OF CLOSED SESSIOND1.CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER, HUMAN RESOURCESDIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONSWITH THE RANCHO CUCAMONGA CITY EMPLOYEES’ ASSOCIATION (RCCEA), TEAMSTERSLOCAL 1932, RANCHO CUCAMONGA MANAGEMENT ASSOCIATION, EXECUTIVE MANAGEMENTGROUP – (CITY/FIRE)D2.CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: INITIATION OF LITIGATIONPURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION54956.9: 1 CASE – (CITY)D3.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT THE TERMINUS OF SMOKESTONE STREET, EAST OFTORREY PINE COURT, RANCHO CUCAMONGA, CALIFORNIA 91739, IDENTIFIED AS COUNTYASSESSOR’S PARCEL NUMBER 022804424, NEGOTIATING PARTIES JOHN GILLISON, CITYMANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND CHAO PING YANG;REGARDING PRICE AND TERMS. – (CITY)D4.CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TOPARAGRAPH(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: PEPE’S INC. V.CITY OF RANCHO CUCAMONGA, UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OFCALIFORNIA, CASE NO. 5:20CV02506JGBSP – (CITY)D5.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'SMONTESSORI SCHOOL AND GLOBAL PROPERTY HOLDINGS LLC VS. CITY OF RANCHOCUCAMONGA, SBSC CASE NO.: CIVDS 2014554. – (CITY)D6.CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHOCUCAMONGA V. DR LANDMARK, INC.; POWER MEDIC TECHNOLOGIES, INC.; HOFERPROPERTIES, LLC; AND DOES 1 THROUGH 5 INCLUSIVE, SBSC CASE NO.: CIVDS 1904713 –(CITY)D7.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8949 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916222; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER,REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATINGPARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)D8.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8783 ETIWANDA AVENUE/12949 WHITTRAM AVENUE,FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER022916214; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND,PACIFIC, AND CUTLER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND KULARTRUCK LINE, INC., OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNINGPRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SETFORTH ABOVE. – (CITY)D9.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 9333 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916223; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER,REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATINGPARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)D10.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 9333 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916222; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC, AND CUTLER,REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTHABOVE. – (CITY)D11.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8768 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022913116; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, ANDCUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND SCG/DP ETIWANDA LLC,A DELAWARE LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TONEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THEPROPERTY OWNERS SET FORTH ABOVE. – (CITY)D12.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8996 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022928379; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC ANDCUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND BTC III RANCHOCUCAMONGA LOGISTICS CENTER LP, A DELAWARE LIMITED LIABILITY COMPANY, OWNER;REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIESMAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)D13.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8821 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916215; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC ANDCUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND WILLIAM A. JONES ANDJOAN F. JONES, TRUSTEES OF THE JONES FAMILY TRUST OF 2010, AS TO AN UNDIVIDEDONETHIRD (1/3) INTEREST, AND JAMES ROY GARNESS AND RHONDA ANN GARNESS,UNDIVIDED ONETHIRD (1/3) INTEREST, AND JAMES ROY GARNESS AND RHONDA ANNGARNESS, TRUSTEES OF THE GARNESS FAMILY TRUST DATED JUNE 28, 2012, AS TO ANUNDIVIDED ONETHIRD (1/3) INTEREST, AND JOHN S. CLEMONS AND PATRICIA R. CLEMONS,TRUSTEES OF THE CLEMONS REVOCABLE TRUST DATED DECEMBER 4, 2014, AS TO ANUNDIVIDED ONETHIRD (1/3) INTEREST, AS TENANTS IN COMMON, OWNER; REGARDINGINSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAYNEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)D14.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8688 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022913131; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, ANDCUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND GOODMAN RANCHO SPELLC, A DELAWARE LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TONEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THEPROPERTY OWNERS SET FORTH ABOVE. – (CITY)D15.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8889 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022929117; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, ANDCUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND LIGHTNING P.M. LLC, ACALIFORNIA LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TONEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THEPROPERTY OWNERS SET FORTH ABOVE. – (CITY)D16.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8685 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022915128, FORMALLY022915115; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT,OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA,AND COLOMBERO FAMILY LIMITED PARTNERSHIP, OWNER; REGARDING INSTRUCTIONS TONEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THEPROPERTY OWNERS SET FORTH ABOVE. – (CITY)D17.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8717 AND 8733 ETIWANDA AVENUE AND 12928 AND12934 WHITTRAM AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAXASSESSOR'S PARCEL NUMBERS 022916102, 022916103, 022916104, AND 022916105;NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND,PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, ANDCOLOMBERO FAMILY LIMITED PARTNERSHIP, OWNER; REGARDING INSTRUCTIONS TONEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THEPROPERTY OWNERS SET FORTH ABOVE. – (CITY)D18.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8939 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022929155; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, ANDCUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND BCORE IE WESTOWNER LLC, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE.NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTHABOVE. – (CITY)D19.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 12467 BASE LINE ROAD IDENTIFIED AS PARCELNUMBERS 1090331030000, 1090331040000, 1089581040000; NEGOTIATING PARTIES JOHNGILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, ANDJOSEPH FILIPPI, JOSEPH FILIPPI WINERY AND VINEYARDS; REGARDING PRICE AND TERMS.– (CITY)E. RECESS – Closed Session to Recess to the Regular City Council Meeting at 7:00 P.M. in the CouncilChambers at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California.REGULAR MEETING – 7:00 P.M.COUNCIL CHAMBERSPLEDGE OF ALLEGIANCEROLL CALL:Mayor MichaelMayor Pro Tem KennedyCouncil Members Hutchison, Scott, and SpagnoloA. AMENDMENTS TO THE AGENDAA1.AB 361 Findings for Special Brown Act Requirements for Teleconference Meetings. (CITY/FIRE)B. ANNOUNCEMENT / PRESENTATIONSB1.Administration of Oath of Office to Nicholas Ghirelli, City Attorney. B2.Presentation of a Proclamation to Outgoing Historic Preservation/Planning Commissioners TonyGuglielmo and Francisco Oaxaca for their Dedicated Service to the Historic Preservation/PlanningCommission.B3.Presentation of a Certificate of Recognition to the Rancho Cucamonga High School Resource OfficerDeputy John Cadogan and School Nurse Yolanda Warren for Heroically Saving the Life of a Studenton Campus.C. PUBLIC COMMUNICATIONSMembers of the City Council also sit as the Fire Board, Housing Successor Agency, SuccessorAgency, and Public Finance Authority. This is the time and place for the general public to addressthe Fire Protection District, Housing Successor Agency, Successor Agency, Public FinancingAuthority Board, and City Council on any item listed or not listed on the agenda. State law prohibits theFire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board,and City Council from addressing any issue not previously included on the Agenda. The Fire ProtectionDistrict, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Councilmay receive testimony and set the matter for a subsequent meeting.Comments are to be limited to five minutes per individual or less, as deemed necessary by theMayor, depending upon the number of individuals desiring to speak. All communications are to beaddressed directly to the Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to themembers of the audience. This is a professional business meeting and courtesy and decorum are expected.Please refrain from any debate between audience and speaker, making loud noises, or engaging in anyactivity which might be disruptive to the decorum of the meeting.The public communications period will not exceed one hour prior to the commencement of thebusiness portion of the agenda. During this one hour period, all those who wish to speak on a topiccontained in the business portion of the agenda will be given priority, and no further speaker cards for thesebusiness 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.
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 the Regular Meetings of November 17, 2021.
D2.Consideration to Approve City and Fire District BiWeekly Payroll in the Total Amount of
$1,902,322.32 and City and Fire District Weekly Check Registers (Excluding Checks Issued to
Southern California Gas Company) in the Total Amount of $7,220,700.83 Dated December 06,
2021 Through December 16, 2021. (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 $14,238.90 Dated December 06,
2021 Through December 16, 2021. (CITY/FIRE)
D4.Consideration of a Professional Services Agreement with University Enterprises Corporation
on behalf of Inland Empire Small Business Development Center for Business Consulting
Services in the Amount of $25,000. (CITY)
E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTION
E1.Consideration of Second Reading and Adoption of the Following:
ORDINANCE NO. 991
AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADDING CHAPTER
3.76 TO THE RANCHO CUCAMONGA MUNICIPAL CODE TO ESTABLISH AN AFFORDABLE
HOUSING DEVELOPMENT IMPACT FEE
F. ADMINISTRATIVE HEARING ITEM(S)
G. ADVERTISED PUBLIC HEARINGS ITEM(S) CITY/FIRE DISTRICT
G1.Public Hearing to Consider First Reading of City Council Ordinance No. 992, to Approve Prezoning
(DRC202000186), Consent to a Proposed Annexation, and Adopt an Associated Plan for Service
(DRC202000185), and City Council Ordinance No. 993 to Approve Development Agreement
(DRC202100175), Each to be Read by Title Only and Waive Further Reading: to Consider City
Council Resolutions to Adopt General Plan Amendment (DRC202000184), Tentative Parcel Map
(SUBTPM20251), Design Review (DRC202000177), Conditional Use Permit (DRC202100317),
Uniform Sign Program (DRC202000178), and Certification of Environmental Impact Report, Make
Findings Pursuant to the Environmental Quality Act, and Adopt a Mitigation Monitoring and Reporting
Program (SCH No. 2020090076) to Allow for the Development of Two Industrial Warehouse Buildings
totaling approximately 655,878 square feet on an approximate 35acre project site Located
Approximately 650 East of Etiwanda Avenue, North of Napa Street; APNS: 022929123, 46, and 54.
The Rancho Cucamonga Fire Protection District Will Also Consider a Resolution to Consent to the
Proposed Annexation and Adoption of a Plan (DRC202000185) for the Same Project.
(RESOLUTION NOS. 2022001, 2022002, 2022003, 2022004 & 2022005, 2022006 AND
FD2022001) (ORDINANCE NOS. 992 & 993) (CITY/FIRE)
H. CITY MANAGER'S STAFF REPORT(S)
H1.Consideration to Approve an Amendment to the City Manager’s Employment Agreement. (CITY)
I. COUNCIL BUSINESS
I1.COUNCIL ANNOUNCEMENTS
(Comments to be limited to three minutes per Council Member.)
I2.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
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
twentyfour (24) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho
Cucamonga, California; 12505 Cultural Center Drive, Rancho Cucamonga, CA, 91739; 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) 4772700. 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.
CITY COUNCIL VISION STATEMENT
“Our Vision is to build on our success as a world class community,to create
an equitable,sustainable,and vibrant city,rich in opportunity for all to thrive.”
Page 7
MayorL. Dennis MichaelMayor Pro TemLynne B. KennedyMembers of the CityCouncil:Ryan A. HutchisonKristine D. ScottSam Spagnolo AMENDED AGENDA(ITEM A1 ADDED TO AGENDA 1/4/2022 4:30PM)CITY OF RANCHO CUCAMONGAREGULAR MEETING AGENDAJanuary 5, 202210500 Civic Center DriveRancho Cucamonga, CA 91730 FIRE PROTECTION DISTRICT BOARD – CITY COUNCILHOUSING SUCCESSOR AGENCY SUCCESSOR AGENCY – PUBLICFINANCE AUTHORITYCLOSED SESSION TRICOMMUNITIES ROOM 4:30 P.M.REGULAR MEETINGS COUNCIL CHAMBERS 7:00 P.M.The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in theCouncil Chambers located at 10500 Civic Center Drive. It Is the Intent to conclude the meeting by 10:00p.m. unless extended by the concurrence of the City Council. Agendas, minutes, and recordings ofmeetings can be found at www.cityofrc.us or by contacting the City Clerk's Office at 9097742023. LiveBroadcast available on Channel 3 (RCTV3).In accordance with AB 361, and to ensure the health and safety of our residents by limiting contact thatcould spread the COVID–19 virus, members of the public have the option to participate in this CityCouncil/Fire District meeting via a teleconference. Members of the public may also attend the meeting inperson. Those wishing to speak during public communication may call at the start of the meeting by dialing(909)7742751, if speaking on a Public Hearing item, please dial in when the Public Hearing is being heardat (909)7742751 to be added to the queue for public comment. Calls will be answered in the order received. Members of the public are encouraged to watch from the safety of their homes by Live Streaming on theCity's website at https://www.cityofrc.us/yourgovernment/citycouncilagendas or Local Cable: RCTV3Programming. The City of Rancho Cucamonga thanks you in advance for taking all precautions to preventspreading the COVID19 virus.CLOSED SESSION – 4:30 P.M. TRICOMMUNITIES ROOM ROLL CALL: Mayor Michael Mayor Pro Tem Kennedy Council Members Hutchison, Scott, and Spagnolo A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)C. CITY MANAGER ANNOUNCEMENTSD. CONDUCT OF CLOSED SESSIOND1.CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER, HUMAN RESOURCESDIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONSWITH THE RANCHO CUCAMONGA CITY EMPLOYEES’ ASSOCIATION (RCCEA), TEAMSTERSLOCAL 1932, RANCHO CUCAMONGA MANAGEMENT ASSOCIATION, EXECUTIVE MANAGEMENTGROUP – (CITY/FIRE)D2.CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: INITIATION OF LITIGATIONPURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION54956.9: 1 CASE – (CITY)D3.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT THE TERMINUS OF SMOKESTONE STREET, EAST OFTORREY PINE COURT, RANCHO CUCAMONGA, CALIFORNIA 91739, IDENTIFIED AS COUNTYASSESSOR’S PARCEL NUMBER 022804424, NEGOTIATING PARTIES JOHN GILLISON, CITYMANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND CHAO PING YANG;REGARDING PRICE AND TERMS. – (CITY)D4.CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TOPARAGRAPH(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: PEPE’S INC. V.CITY OF RANCHO CUCAMONGA, UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OFCALIFORNIA, CASE NO. 5:20CV02506JGBSP – (CITY)D5.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'SMONTESSORI SCHOOL AND GLOBAL PROPERTY HOLDINGS LLC VS. CITY OF RANCHOCUCAMONGA, SBSC CASE NO.: CIVDS 2014554. – (CITY)D6.CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHOCUCAMONGA V. DR LANDMARK, INC.; POWER MEDIC TECHNOLOGIES, INC.; HOFERPROPERTIES, LLC; AND DOES 1 THROUGH 5 INCLUSIVE, SBSC CASE NO.: CIVDS 1904713 –(CITY)D7.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8949 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916222; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER,REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATINGPARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)D8.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8783 ETIWANDA AVENUE/12949 WHITTRAM AVENUE,FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER022916214; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND,PACIFIC, AND CUTLER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND KULARTRUCK LINE, INC., OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNINGPRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SETFORTH ABOVE. – (CITY)D9.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 9333 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916223; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER,REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATINGPARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)D10.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 9333 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916222; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC, AND CUTLER,REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTHABOVE. – (CITY)D11.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8768 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022913116; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, ANDCUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND SCG/DP ETIWANDA LLC,A DELAWARE LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TONEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THEPROPERTY OWNERS SET FORTH ABOVE. – (CITY)D12.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8996 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022928379; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC ANDCUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND BTC III RANCHOCUCAMONGA LOGISTICS CENTER LP, A DELAWARE LIMITED LIABILITY COMPANY, OWNER;REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIESMAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)D13.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8821 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916215; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC ANDCUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND WILLIAM A. JONES ANDJOAN F. JONES, TRUSTEES OF THE JONES FAMILY TRUST OF 2010, AS TO AN UNDIVIDEDONETHIRD (1/3) INTEREST, AND JAMES ROY GARNESS AND RHONDA ANN GARNESS,UNDIVIDED ONETHIRD (1/3) INTEREST, AND JAMES ROY GARNESS AND RHONDA ANNGARNESS, TRUSTEES OF THE GARNESS FAMILY TRUST DATED JUNE 28, 2012, AS TO ANUNDIVIDED ONETHIRD (1/3) INTEREST, AND JOHN S. CLEMONS AND PATRICIA R. CLEMONS,TRUSTEES OF THE CLEMONS REVOCABLE TRUST DATED DECEMBER 4, 2014, AS TO ANUNDIVIDED ONETHIRD (1/3) INTEREST, AS TENANTS IN COMMON, OWNER; REGARDINGINSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAYNEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)D14.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8688 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022913131; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, ANDCUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND GOODMAN RANCHO SPELLC, A DELAWARE LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TONEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THEPROPERTY OWNERS SET FORTH ABOVE. – (CITY)D15.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8889 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022929117; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, ANDCUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND LIGHTNING P.M. LLC, ACALIFORNIA LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TONEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THEPROPERTY OWNERS SET FORTH ABOVE. – (CITY)D16.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8685 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022915128, FORMALLY022915115; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT,OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA,AND COLOMBERO FAMILY LIMITED PARTNERSHIP, OWNER; REGARDING INSTRUCTIONS TONEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THEPROPERTY OWNERS SET FORTH ABOVE. – (CITY)D17.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8717 AND 8733 ETIWANDA AVENUE AND 12928 AND12934 WHITTRAM AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAXASSESSOR'S PARCEL NUMBERS 022916102, 022916103, 022916104, AND 022916105;NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND,PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, ANDCOLOMBERO FAMILY LIMITED PARTNERSHIP, OWNER; REGARDING INSTRUCTIONS TONEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THEPROPERTY OWNERS SET FORTH ABOVE. – (CITY)D18.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8939 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022929155; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, ANDCUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND BCORE IE WESTOWNER LLC, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE.NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTHABOVE. – (CITY)D19.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 12467 BASE LINE ROAD IDENTIFIED AS PARCELNUMBERS 1090331030000, 1090331040000, 1089581040000; NEGOTIATING PARTIES JOHNGILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, ANDJOSEPH FILIPPI, JOSEPH FILIPPI WINERY AND VINEYARDS; REGARDING PRICE AND TERMS.– (CITY)E. RECESS – Closed Session to Recess to the Regular City Council Meeting at 7:00 P.M. in the CouncilChambers at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California.REGULAR MEETING – 7:00 P.M.COUNCIL CHAMBERSPLEDGE OF ALLEGIANCEROLL CALL:Mayor MichaelMayor Pro Tem KennedyCouncil Members Hutchison, Scott, and SpagnoloA. AMENDMENTS TO THE AGENDAA1.AB 361 Findings for Special Brown Act Requirements for Teleconference Meetings. (CITY/FIRE)B. ANNOUNCEMENT / PRESENTATIONSB1.Administration of Oath of Office to Nicholas Ghirelli, City Attorney. B2.Presentation of a Proclamation to Outgoing Historic Preservation/Planning Commissioners TonyGuglielmo and Francisco Oaxaca for their Dedicated Service to the Historic Preservation/PlanningCommission.B3.Presentation of a Certificate of Recognition to the Rancho Cucamonga High School Resource OfficerDeputy John Cadogan and School Nurse Yolanda Warren for Heroically Saving the Life of a Studenton Campus.C. PUBLIC COMMUNICATIONSMembers of the City Council also sit as the Fire Board, Housing Successor Agency, SuccessorAgency, and Public Finance Authority. This is the time and place for the general public to addressthe Fire Protection District, Housing Successor Agency, Successor Agency, Public FinancingAuthority Board, and City Council on any item listed or not listed on the agenda. State law prohibits theFire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board,and City Council from addressing any issue not previously included on the Agenda. The Fire ProtectionDistrict, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Councilmay receive testimony and set the matter for a subsequent meeting.Comments are to be limited to five minutes per individual or less, as deemed necessary by theMayor, depending upon the number of individuals desiring to speak. All communications are to beaddressed directly to the Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to themembers of the audience. This is a professional business meeting and courtesy and decorum are expected.Please refrain from any debate between audience and speaker, making loud noises, or engaging in anyactivity which might be disruptive to the decorum of the meeting.The public communications period will not exceed one hour prior to the commencement of thebusiness portion of the agenda. During this one hour period, all those who wish to speak on a topiccontained in the business portion of the agenda will be given priority, and no further speaker cards for thesebusiness items (with the exception of public hearing items) will be accepted once the business portion of theagenda commences. Any other public communications which have not concluded during this one hour periodmay resume after the regular business portion of the agenda has been completed.CONSENT CALENDARS:The following Consent Calendar items are expected to be routine and noncontroversial. They will be actedupon 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, andPublic Finance Authority and may act on the consent calendar for those bodies as part of a single motion withthe City Council consent calendar.D. CONSENT CALENDARD1.Consideration of Meeting Minutes for the Regular Meetings of November 17, 2021.D2.Consideration to Approve City and Fire District BiWeekly Payroll in the Total Amount of$1,902,322.32 and City and Fire District Weekly Check Registers (Excluding Checks Issued toSouthern California Gas Company) in the Total Amount of $7,220,700.83 Dated December 06,2021 Through December 16, 2021. (CITY/FIRE)D3.Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued toSouthern California Gas Company in the Total Amount of $14,238.90 Dated December 06,2021 Through December 16, 2021. (CITY/FIRE)D4.Consideration of a Professional Services Agreement with University Enterprises Corporationon behalf of Inland Empire Small Business Development Center for Business ConsultingServices in the Amount of $25,000. (CITY)E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTIONE1.Consideration of Second Reading and Adoption of the Following:ORDINANCE NO. 991AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADDING CHAPTER3.76 TO THE RANCHO CUCAMONGA MUNICIPAL CODE TO ESTABLISH AN AFFORDABLEHOUSING DEVELOPMENT IMPACT FEEF. ADMINISTRATIVE HEARING ITEM(S)G. ADVERTISED PUBLIC HEARINGS ITEM(S) CITY/FIRE DISTRICTG1.Public Hearing to Consider First Reading of City Council Ordinance No. 992, to Approve Prezoning(DRC202000186), Consent to a Proposed Annexation, and Adopt an Associated Plan for Service(DRC202000185), and City Council Ordinance No. 993 to Approve Development Agreement(DRC202100175), Each to be Read by Title Only and Waive Further Reading: to Consider CityCouncil Resolutions to Adopt General Plan Amendment (DRC202000184), Tentative Parcel Map(SUBTPM20251), Design Review (DRC202000177), Conditional Use Permit (DRC202100317),Uniform Sign Program (DRC202000178), and Certification of Environmental Impact Report, MakeFindings Pursuant to the Environmental Quality Act, and Adopt a Mitigation Monitoring and Reporting
Program (SCH No. 2020090076) to Allow for the Development of Two Industrial Warehouse Buildings
totaling approximately 655,878 square feet on an approximate 35acre project site Located
Approximately 650 East of Etiwanda Avenue, North of Napa Street; APNS: 022929123, 46, and 54.
The Rancho Cucamonga Fire Protection District Will Also Consider a Resolution to Consent to the
Proposed Annexation and Adoption of a Plan (DRC202000185) for the Same Project.
(RESOLUTION NOS. 2022001, 2022002, 2022003, 2022004 & 2022005, 2022006 AND
FD2022001) (ORDINANCE NOS. 992 & 993) (CITY/FIRE)
H. CITY MANAGER'S STAFF REPORT(S)
H1.Consideration to Approve an Amendment to the City Manager’s Employment Agreement. (CITY)
I. COUNCIL BUSINESS
I1.COUNCIL ANNOUNCEMENTS
(Comments to be limited to three minutes per Council Member.)
I2.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
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
twentyfour (24) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho
Cucamonga, California; 12505 Cultural Center Drive, Rancho Cucamonga, CA, 91739; 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) 4772700. 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.
CITY COUNCIL VISION STATEMENT
“Our Vision is to build on our success as a world class community,to create
an equitable,sustainable,and vibrant city,rich in opportunity for all to thrive.”
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DATE:January 5, 2022
TO:Mayor and Members of the City Council
President and Members of the Boards of Directors
FROM:John R. Gillison, City Manager
INITIATED BY:Linda A. Troyan, MMC, City Clerk Services Director
SUBJECT:AB 361 Findings for Special Brown Act Requirements for Teleconference
Meetings. (CITY/FIRE)
RECOMMENDATION:
Staff recommends City Council/Board of Directors of the Fire Protection District make the
following findings: (1) the City Council has reconsidered the circumstances of the COVID-19 state
of emergency; and (2) the COVID-19 state of emergency continues to directly impact of the ability
of the members of the City’s legislative bodies to meet safely in person.
BACKGROUND:
On March 4, 2020, Governor Newsom proclaimed a state of emergency to exist in California due
to the spread of COVID-19. This proclamation is still in effect. The Governor subsequently issued
numerous executive orders suspending or modifying state laws to facilitate the response to the
emergency. Among other things, these executive orders superseded certain Brown Act
requirements and established special rules to give local public agencies greater flexibility to
conduct teleconference meetings. The special rules included provisions allowing local public
agencies to conduct teleconference meetings without having to provide a physical location from
which the public may attend or comment; without having to use teleconference locations that are
publicly accessible; and without having to identify teleconference locations on the agenda. Those
special rules expired on September 30, 2021.
On September 16, 2021, in anticipation of then-imminent expiration of his special rules for
teleconference meetings, Governor Newsom signed AB 361. In key part, this bill amends the
Brown Act to establish special requirements for teleconference meetings if a legislative body of a
local public agency makes two findings pursuant to Government Code Section 54953(e)(3). Like
the special rules in the Governor’s executive orders, the special Brown Act requirements in AB
361 include provisions allowing public agencies to conduct teleconference meetings without
having to use teleconference locations that are publicly accessible; and without having to identify
teleconference locations on the agenda. The AB 361 special Brown Act requirements are
scheduled be repealed on January 1, 2024.
In order for a local public agency to be subject to the AB 361 special Brown Act requirements for
teleconference meetings, a legislative body of a local public agency first must make a finding that
it has “reconsidered” the circumstances of a declared state of emergency. Second, there must
be a finding that such emergency continues to directly impact the ability of legislative body
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members to meet safely in person. Alternatively, for the second finding, there must be a finding
that state or local officials continue to impose or recommend social distancing measures. These
findings must be made within 30 days after the first teleconference under AB 361 and on a monthly
basis thereafter.
ANALYSIS:
Due to the rapid spread of the Omicron variant of COVID-19 and potential exposure by city
officials during the holidays, staff is recommending that the City Council make the necessary
findings in order to authorize this meeting to be held as a teleconference meeting. Federal and
state officials continue to recommend social distancing measures, including limiting in-door
gatherings, in order to limit the spread of the highly transmissible Omicron variant of COVID-19.
The potential COVID-19 exposures giving rise to this item only came to light after the agenda for
this meeting was posted. The modification to the agenda to accommodate teleconferencing
cannot wait until the next meeting. Under AB 361, the public must also be given an opportunity
to participate in the meeting via a teleconference option, and the amended agenda provides call-in
information. However, the public will continue to be permitted to attend the meeting in person. It
is unclear if future meetings will require teleconferencing.
FISCAL IMPACT:
There is no fiscal impact caused by this item. The City already has the necessary equipment to
hold a teleconferenced meeting.
COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:
This item will allow Council Members and the public to safely participate in tonight’s City Council
meeting.
ATTACHMENTS:
None.
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November 17, 2021
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, November 17, 2021,
in the Tri-Communities Conference Room at the Civic Center, 10500 Civic Center Drive, Rancho Cucamonga,
California. Mayor Michael called the meeting to order at 5:00 p.m.
Present were Council Members: Ryan Hutchison, Kristine Scott, Sam Spagnolo, Mayor Pro Tem Lynne Kennedy,
and Mayor L. Dennis Michael.
Also present were: John Gillison, City Manager; Nick Ghirelli, Assistant City Attorney; Lori Sassoon, Deputy City
Manager/Administrative Services; Elisa Cox, Deputy City Manager/Cultural & Civic Services and Matt Burris,
Deputy City Manager/Economic and Community Development.
A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)
B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)
No public communications were made.
C. CITY MANAGER ANNOUNCEMENTS
None.
D. CONDUCT OF CLOSED SESSION
D1. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION PURSUANT TO GOVERNMENT
CODE SECTION 54956.9(A) SOUTHWEST VOTER REGISTRATION EDUCATION PROJECT AND
LOUISA OLLAGUE V. CITY OF RANCHO CUCAMONGA; SAN BERNARDINO SUPERIOR COURT
CASE NO. CIVRS 1603632. (CITY)
D2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY LOCATED AT 8685 ETIWANDA AVENUE, FURTHER IDENTIFIED AS
SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 22915128, FORMALLY
22915115; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT,
OVERLAND, PACIFIC AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND
COLOMBERO FAMILY LIMITED PARTNERSHIP, OWNER; REGARDING INSTRUCTIONS TO
NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE
PROPERTY OWNERS SET FORTH ABOVE. (CITY)
D3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY LOCATED AT 8717 AND 8733 ETIWANDA AVENUE AND 12928 AND
12934 WHITTRAM AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX
ASSESSOR'S PARCEL NUMBERS 22916102, 22916103, 22916104, 22916105 AND 22916119;
NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND,
PACIFIC AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND
COLOMBERO FAMILY LIMITED PARTNERSHIP, OWNER; REGARDING INSTRUCTIONS TO
NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE
PROPERTY OWNERS SET FORTH ABOVE. (CITY)
D4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY LOCATED AT 8949 ETIWANDA AVENUE, FURTHER IDENTIFIED AS
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SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 22916222; NEGOTIATING
PARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER,
REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,
OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE.
NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH
ABOVE. (CITY)
D5. THREAT TO PUBLIC SERVICES OF FACILITIES PURSUANT TO GOVERNMENT CODE SECTION
54957; CONSULTATION WITH DARRYL POLK, DIRECTOR OF INNOVATION AND TECHNOLOGY
AND MICHELLE MUNSON, DEPUTY DIRECTOR OF INNOVATION AND TECHNOLOGY.
(CITY/FIRE)
D6. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PER GOVERNMENT CODE SECTION 54957
(TITLE: CITY MANAGER)
E. RECESS
The closed session recessed at 6:50 p.m.
REGULAR MEETING – 7:00 p.m.
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 November 17,
2021, 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 p.m.
Present were Council Members: Ryan Hutchison, Kristine Scott, Sam Spagnolo, Mayor Pro Tem Lynne Kennedy,
and Mayor L. Dennis Michael.
Also present were: John Gillison, City Manager; Nick Ghirelli, Assistant City Attorney; and Linda A. Troyan, MMC,
Director of City Clerk Services.
Mayor Pro Tem Kennedy led the Pledge of Allegiance.
A. AMENDMENTS TO THE AGENDA
None.
B. ANNOUNCEMENTS/PRESENTATIONS
B1. Presentation of a Certificate of Sympathy in Memory of Jacquelin “Jackie” Amsler, Former Library Board
of Trustees Member.
Mayor Michael announced that at the conclusion of this City Council Meeting, we will have a moment of silence
and adjourn the meeting in memory of Jacquelin “Jackie” Amsler, Former Library Board of Trustees Member. The
City and City Council expressed their heartfelt condolences to the family of Jacquelin Amsler. Certificate of
Sympathy will be mailed to the Amsler Family.
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B2. Presentation of a Certificate of Recognition to Rancho Pop Warner Football & Cheer Junior Varsity
Panthers Cheerleading Division who recently won a bid to compete at Nationals Cheer and Dance
Championships in Orlando Florida.
Mayor Michael and Members of the City Council presented Certificates of Recognition to Rancho Pop Warner
Football & Cheer Junior Varsity Panthers Cheerleading Division and shared the team’s GoFundMe account,
www.gofund.me/1de80a46 for community members to contribute for the team to compete at the Pop Warner
National Cheer and Dance Championship in Orlando, Florida.
B3. Recognition of the 2021 Digital Cities Award Received by the City of Rancho Cucamonga and Recap of
the 2021 Cyber Security Month Campaign.
Darryl Polk, Director of Innovation and Technology and Michelle Munson, Deputy Director of Innovation and
Technology, shared recent cyber security efforts by the Department of Innovation and Technology and presented
the 2021 Digital Cities Award Received by the City of Rancho Cucamonga.
B4. Presentation of Refurbished Bicycle Distribution Program.
Deborah Allen, Management Analyst I, City Manager’s Office shared a video showcasing the Refurbished Bicycle
Distribution Program and thanked all partnering organizations for their efforts and success of the program.
C. PUBLIC COMMUNICATIONS
Heather Parsons, Community Partnerships and Advancement Manager at Chaffey College provided an update on
Chaffey College programs and initiatives.
Janet Walton, wished the community a happy Thanksgiving and offered a prayer.
Bob Mitchell, USA Pickleball Ambassador for Redlands, California, spoke about pickleball, shared the sport’s health
benefits for seniors and asked that the City consider growing the sport of pickleball in Rancho Cucamonga.
Kathy Pryor, USA Pickleball Ambassador for the City of Rancho Cucamonga, spoke about pickleball health benefits
for seniors and asked that the City Council add more pickleball courts in the City to accommodate the growing
number of residents interested in the sport of pickleball.
D. CONSENT CALENDAR
D1. Consideration of Meeting Minutes for the Regular Meetings of October 20, 2021 and November 3,
2021 and Special Meetings of October 18, 2021.
D2. Consideration to Approve City and Fire District Bi-Weekly Payroll in the Total Amount of $1,746,274.36
and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California
Gas Company) in the Total Amount of $2,737,457.48 Dated October 25, 2021 Through November 07,
2021 and City and Fire District Electronic Debit Registers for the Month of October in the Total Amount
of $1,458,936.82. (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 $13,795.20 Dated October 25, 2021 Through
November 07, 2021. (CITY/FIRE)
D4. Consideration to Receive and File Current Investment Schedules as of October 31, 2021 for the City
of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District. (CITY/FIRE)
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D5. Consideration to Adopt Development Impact Fee Study Prepared by NBS Government Finance Group
Dated December 16, 2020. (FIRE)
D6. Consideration to Authorize the Purchase of Banking Services from MUFG Union Bank, N.A. of Los
Angeles, CA, the Most Responsive Bidder in Accordance with the Request for Quote (“RFQ”)
#21/22-01 in the Amount of $267,210 for a Five-Year Term. (CITY)
D7. Consideration of the Use of a County of San Bernardino Contract with Systems Source for the Civic
Center COVID and ADA Improvement Project. (CITY)
D8. Consideration of the Purchase of Traffic Signal Cabinets, Controllers and Related Equipment from
Econolite, in an Amount not to Exceed $165,000. (CITY)
D9. Consideration of the Purchase of Thirty-Five (35) Streetlight Poles and Seventeen (17) Aluminum Pole
Arms from Ameron Pole Products, LLC in the amount of $76,150. (CITY)
D10. Consideration of the Purchase of Fertilizer and Pesticides Supplies on an as Needed Basis from
Nutrien Ag Solutions and Wilbur-Ellis Co. in an Amount Not to Exceed $125,000. (CITY)
D11. Consideration of a Contract with Yunex, LLC. for the Traffic Signal Battery Backup System
Replacement in the Amount of $248,424 plus a Contingency in the Amount of $29,076. (CITY)
D12. Consideration to Approve Parcel Map 20101, Improvement Agreement, Improvement Securities, and
Resolutions Ordering the Annexation into Landscape Maintenance District No.1, and Street Lighting
Maintenance Districts Nos.1 and 2, Located on the East Side of Vineyard Avenue, South of Azurite
Avenue, Related to Case No. SUBTPM20101. (RESOLUTION NO. 2021-126), (RESOLUTION NO.
2021-127), AND (RESOLUTION NO. 2021-128) (CITY)
MOTION: Moved by Council Member Spagnolo, seconded by Council Member Hutchison, to approve Consent
Calendar Items D1 through D12, with Council Member Scott abstaining on item D3, due to her employment
with Southern California Gas Company. Motion carried, 5-0.
E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTION
E1. Consideration of Second Reading and Adoption of the Following:
Ordinance No. 988
An Ordinance of the City Of Rancho Cucamonga, Amending Title 17 of the Rancho Cucamonga
Municipal Code to Permit Utility Companies to Store Materials and Equipment Associated with Utility
Facilities and Infrastructure and to Correct Errors and Omissions in the Allowed Land Use Table and
Industrial Development Standards Table and to Adopt an Uncodified Amendment to Ordinance No. 982
to Exempt Certain Buildings Currently Under Construction from the Amended Use Table, Making
Findings in Support Thereof, and Making a Determination that the Ordinance is Exempt from the
California Environmental Quality Act
MOTION: Moved by Council Member Scott, seconded Mayor Pro Tem Kennedy, to adopt Ordinance No.
988, by title only and waive full reading.
Linda Troyan, City Clerk Services Director read the title of Ordinance No. 988.
VOTES NOW CAST ON MOTION: Moved by Council Member Scott, seconded Mayor Pro Tem Kennedy, to
adopt Ordinance No. 988, by title only and waive full reading. Motion carried 5-0.
F. ADMINISTRATIVE HEARING ITEM(S)
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F1. Consideration of First Reading of Ordinance No. 989, to be Read by Title Only and Waive Further
Reading Adding Chapter 8.15 (Mandatory Organics Waste Disposal Reduction) To Title 8 Health
and Safety of the Rancho Cucamonga Municipal Code, a Determination of Exemption Under CEQA.
(ORDINANCE NO. 989) (CITY)
City Manager Gillison introduced Linda Ceballos, Environmental Programs Manager, who provided a PowerPoint
presentation providing an overview of Mandatory Organics Waste Disposal Reduction and Senate Bill 1383
requirements. Ms. Ceballos noted correction to staff report: First bullet point under “Analysis” Section: The
sentence currently reads: “Food waste generated by residents and businesses will be collected in the black or
gray container.” Correction to read as follows: “Food waste generated by residents with three containers will be
collected in the green container and food waste generated by commercial businesses and multifamily residents
with a brown container will be collected in the brown container.” She concluded by recommending that the City
Council consider first reading of Ordinance No. 989, to be read by title only and waive further reading, adding
Chapter 8.15 to Title 8 Health and Safety of the Rancho Cucamonga Municipal Code, a Determination of
Exemption under CEQA.
Council Member Hutchison clarified that the food waste collected from residents is not donated or distributed and
informed that the purpose of the program is to divert the food waste from the landfill to create compost/
greenhouse gases.
Council discussion ensued regarding food waste collection, community outreach efforts, program costs,
requirements for businesses, refrigeration needs and relabeling of trash containers with new instructions for
Burrtec customers.
Assistant City Attorney Nick Ghirelli informed that upon adoption of Ordinance No. 989, there will be a two year
rollout period to implement and educate the community on the program.
Mayor Michael opened the Administrative Hearing.
Darold Coover, spoke on the need for community outreach for the new organic waste disposal reduction program.
Mayor Michael closed the Administrative Hearing.
MOTION: Moved by Council Member Spagnolo, seconded by Council Member Hutchison, to Introduce First
Reading of Ordinance No. 989, by title only and waive further readings.
Linda Troyan, City Clerk Services Director read the title of Ordinance No. 989.
VOTES NOW CAST ON MOTION: Moved by Council Member Spagnolo, seconded by Council Member
Hutchison, to Introduce First Reading of Ordinance No. 989, by title only and waive further readings. Motion
carried 5-0.
G. ADVERTISED PUBLIC HEARING ITEM(S) – CITY/FIRE DISTRICT
G1. Consideration of First Reading of Ordinance No. 990, to be Read by Title Only and Waive Further Reading
to Amend the Etiwanda Specific Plan Land Use Designation of a 6.96-Acre Site Located at 12774 Banyan
Street from Estate Residential (ER) to Very Low (VL) Residential, Related to the Subdivision of the
Property into 9 Residential Lots for Future Single-Family Development. Staff has Prepared an Initial
Study/Mitigated Negative Declaration of Environmental Impacts for Consideration. (Specific Plan
Amendment DRC2016-00730). APN: 0225-111-07. (ORDINANCE NO. 990) (CITY)
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City Manager Gillison introduced Anne McIntosh, Planning Director and Vincent Acuna, Associate Planner, who
provided a PowerPoint presentation on Specific Plan Amendment DRC2016-00730 for a property on 12774
Banyan Street.
Mayor Michael recessed the meeting at 8:08 p.m. and reconvened the meeting at 8:30 p.m.
Associate Planer Acuna provided an overview including an environmental review and recommended that the City
Council conduct first reading of Ordinance No. 990 which approves Specific Plan Amendment DRC2016-00730
and adopts the Mitigated Negative Declaration for the associated Tentative Tract Map, Tree Removal Permit, and
Specific Plan Amendment.
Mayor Michael opened the Public Hearing.
There were no public communications.
Mayor Michael closed the Public Hearing.
MOTION: Moved by Council Member Spagnolo, seconded by Council Member Hutchison, to Introduce First
Reading of Ordinance No. 990, by title only and waive further reading.
Linda Troyan, City Clerk Services Director read the title of Ordinance No. 990.
VOTES NOW CAST ON MOTION: Moved by Council Member Spagnolo, seconded by Council Member
Hutchison, to Introduce First Reading of Ordinance No. 990, by title only and waive further reading. Motion carried
5-0.
G2. Continued Public Hearing for Consideration of General Plan Amendment DRC2018-00533 and Zoning
Map Amendment DRC2018-00534 – Arbor Express Car Wash – A Request for General Plan and Zoning
Map Amendments to Change the Land Use and Zoning Designation for One Project-Specific Parcel of
Land (APN: 0208-291-03) from Low Medium (LM) Residential District to General Commercial (GC)
District and for Two Non-Project Specific Adjacent Parcels of Land (0208-291-01 and 0208-291-02) From
Low Medium (LM) Residential District to Medium (M) Residential District Related to a Proposed Car Wash
Located Approximately 200 Feet East of Archibald Avenue on the North Side of Arrow Route.
(RESOLUTION NO. 2021-045) (CITY) (Continued from June 2, 2021 and August 4, 2021 City Council
Meeting)
City Manager Gillison introduced Anne McIntosh, Planning Director and Tabe Van Der Zwaag, Associate Planner,
who provided a PowerPoint presentation providing an overview of a request to change the General Plan land use
and zoning designation for one project specific and two non-project specific parcels of land. Planning Director
McIntosh showcased existing and proposed General Plan and Zoning designations. She stated that staff cannot
recommend the requested General Plan amendment and zoning map amendment to accommodate the
development of a car wash due to the lack of consistency with the City’s current and future land use goals, the
lack of a demonstrated need for the use, and the lack of a clear community benefit that would be achieved by the
project as well as the impact on other, larger projects currently in process. She concluded by recommending that
the City Council adopt Resolution No. 2021-045, denying General Plan Amendment DRC2018-00533 and Zoning
Map Amendment DRC2018-00534.
Staff noted the receipt of four (4) emails, two (2) emails in support of Arbor Express Car Wash from David Reck
and Baham Natanzi and two (2) emails in opposition to Arbor Express Car Wash from Tom Sakai and Arturo
Garcia. Correspondence received was provided to the City Council.
Mayor Michael opened the Public Hearing.
Page 16
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Public Finance Authority and City Council Regular Meetings Minutes
City of Rancho Cucamonga | Page 7 of 8
Applicant, Pete DeJager, Arbor Express Car Wash, displayed renderings of the proposed carwash project and
spoke in support of the project and of its benefits for the community. He concluded by asking the City Council to
uphold the Planning Commission’s recommendation to move the project forward and approve the proposed
General Plan Amendment.
Michelle DeJager and Judy Matthews. Spoke in support of the proposed General Plan Amendment and the Arbor
Express Car Wash project.
Four (4) public communications were made in opposition of item G2 by George Pajor, Sayyida Hasani, Nanette
Hart and Alisa Zhang. Speakers shared their opposition for the proposed Arbor Express Car Wash project and
spoke on safety concerns, business diversity and community needs, and stated that the car wash did not align
with the existing neighborhood.
Council discussion ensued regarding the highest and best use of the project site, concentration of carwashes in
the area, compatibility with the existing neighborhood, number of jobs projected, different uses for the project site
to address community needs, lack of amenities in Southwest Rancho Cucamonga, General Plan Amendment
thresholds, Healthy RC vision, fiscal impact, accountability and transparency.
Applicant, Pete DeJager, Arbor Express Car Wash, answered that a minimum of 20 full-time and part-time jobs
would be created if the project was approved and that the project would not contribute to traffic concerns.
Council Member Hutchison spoke in support of the proposed General Plan Amendment and Arbor Express Car
Wash project moving forward.
Mayor Michael spoke on the concentration of carwashes and encouraged the applicant to consider working with
staff to find a different parcel for the Arbor Express Car Wash project.
Mayor Michael closed the Public Hearing.
MOTION: Moved by Council Member Scott, seconded by Council Member Spagnolo, to adopt Resolution No.
2021-045, denying General Plan Amendment DRC2018-00533 and Zoning Map Amendment DRC2018-00534.
Motion carried, 4-1; Council Member Hutchison opposed.
H. CITY MANAGERS STAFF REPORT(S)
H1. Consideration to Receive and File Quarterly Financial Update for the First Quarter of Fiscal Year 2021/22.
(CITY/FIRE)
City Manager Gillison introduced Tamara Oatman, Finance Director, who provided a PowerPoint presentation on
the Quarterly Financial Update for the First Quarter of Fiscal Year 2021/22.
H2. Consideration of a Professional Services Agreement with Toole Design Group, LLC for the Completion of
the Healthy RC Active Transportation Infrastructure Assessment and Improvement Plan in the Amount of
$349,882, Plus a 10% Contingency, and Authorization of Appropriations from the State Grant (Fund 274)
and Citywide Capital Infrastructure (Fund 198) Funds. (CITY)
City Manager Gillison introduced Justine Garcia, Deputy Director of Engineering Services, who provided a
PowerPoint presentation on a Professional Services Agreement with Toole Design Group, LLC for the Completion
of the Healthy RC Active Transportation Infrastructure Assessment and Improvement Plan.
MOTION: Moved by Mayor Pro Tem Kennedy, seconded by Council Member Scott, to approve a Professional
Services Agreement with Toole Design Group, LLC for the Completion of the Healthy RC Active Transportation
Infrastructure Assessment and Improvement Plan. Motion carried, 5-0.
Page 17
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Public Finance Authority and City Council Regular Meetings Minutes
City of Rancho Cucamonga | Page 8 of 8
I. COUNCIL BUSINESS
I1. COUNCIL ANNOUNCEMENTS
Council Member Scott thanked Assemblymember James C. Ramos for hosting a Workforce Development
Workshop event at the Northtown Community Center providing information and resources to the community.
I2.INTERAGENCY UPDATES
None.
J. CITY ATTORNEY ITEMS
None.
K. IDENTIFICATION OF ITEMS FOR NEXT MEETING
Mayor Michael and Members of the City Council wished everyone a Happy Thanksgiving.
L. ADJOURNMENT
Mayor Michael adjourned the meeting in Memory of Jacquelin Amsler at 9:49 p.m.
Respectfully submitted,
__________________________________
Linda A. Troyan, MMC
City Clerk Services Director
Approved:
Page 18
DATE:January 5, 2022
TO:Mayor and Members of the City Council
President and Members of the Boards 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 $1,902,322.32 and City and Fire District Weekly Check
Registers (Excluding Checks Issued to Southern California Gas
Company) in the Total Amount of $7,220,700.83 Dated December 06,
2021 Through December 16, 2021. (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 $1,034,322.32 and $868,613.20 for the City and
the Fire District, respectively. Weekly check register amounts are $6,865,555.80 and
$1,034,322.32 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 19
Agenda Check Register
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Excluding So Calif Gas Company.
AND
CITY OF RANCHO CUCAMONGA
12/6/2021 through 12/16/2021
Check No.Check Date Vendor Name City Fire Amount
AP 00013478 12/08/2021 360 DEEP CLEANING LLC 0.00 6,802.50 6,802.50
AP 00013479 12/08/2021 ABSOLUTE SECURITY INTERNATIONAL INC 14,551.84 0.00 14,551.84
AP 00013480 12/08/2021 BEST BEST & KRIEGER LLP 598.50 0.00 598.50
AP 00013481 12/08/2021 BUREAU OF RECLAMATION 873.64 0.00 873.64
AP 00013482 12/08/2021 CALPINE ENERGY SERVICES LP 114,750.00 0.00 114,750.00
AP 00013483 12/08/2021 RE ASTORIA 2 LLC 117,043.03 0.00 117,043.03
AP 00013484 12/08/2021 SAN BERNARDINO CTY SHERIFFS DEPT 3,723,998.00 0.00 3,723,998.00
AP 00013485 12/08/2021 U S DEPARTMENT OF ENERGY 8,526.59 0.00 8,526.59
AP 00013486 12/09/2021 AIRGAS USA LLC 101.26 0.00 101.26
AP 00013487 12/09/2021 BRODART BOOKS CO 2,452.22 0.00 2,452.22
AP 00013488 12/09/2021 CARQUEST AUTO PARTS 969.52 0.00 969.52
AP 00013489 12/09/2021 DUNN EDWARDS CORPORATION 395.24 0.00 395.24
AP 00013490 12/09/2021 EMCOR SERVICES 12,581.96 0.00 12,581.96
AP 00013491 12/09/2021 HOLLIDAY ROCK CO INC 3,168.94 0.00 3,168.94
AP 00013492 12/09/2021 HOSE MAN INC 2,489.70 0.00 2,489.70
AP 00013493 12/09/2021 MCFADDEN DALE HARDWARE 865.79 0.00 865.79
AP 00013494 12/09/2021 MINUTEMAN PRESS 130.52 0.00 130.52
***AP 00013495 12/09/2021 OFFICE DEPOT 5,308.36 12.94 5,321.30
AP 00013496 12/09/2021 PSA PRINT GROUP 49.57 0.00 49.57
AP 00013497 12/09/2021 SITEONE LANDSCAPE SUPPLY LLC 752.35 0.00 752.35
AP 00013498 12/09/2021 SUNRISE FORD 128.76 0.00 128.76
AP 00013499 12/09/2021 THOMPSON PLUMBING SUPPLY INC 463.65 0.00 463.65
AP 00013500 12/15/2021 ABSOLUTE SECURITY INTERNATIONAL INC 3,431.40 0.00 3,431.40
***AP 00013501 12/15/2021 AMG & ASSOCIATES INC 8,312.50 223,493.99 231,806.49
AP 00013502 12/15/2021 CALIF GOVERNMENT VEBA / RANCHO CUCAMONGA 78,145.58 0.00 78,145.58
AP 00013503 12/15/2021 ELECNOR BELCO ELECTRIC INC 133,553.79 0.00 133,553.79
AP 00013504 12/15/2021 HAMPTON YOGA 42.00 0.00 42.00
AP 00013505 12/15/2021 MOFFATT & NICHOL 515.54 0.00 515.54
AP 00013506 12/15/2021 RCCEA 1,523.50 0.00 1,523.50
AP 00013507 12/15/2021 RCPFA 14,268.77 0.00 14,268.77
AP 00013508 12/15/2021 RE ASTORIA 2 LLC 70,798.79 0.00 70,798.79
***AP 00013509 12/15/2021 RICHARDS WATSON AND GERSHON 160,431.77 1,852.80 162,284.57
AP 00013510 12/15/2021 SAN BERNARDINO COUNTY 120.00 0.00 120.00
AP 00013511 12/15/2021 SHELL ENERGY NORTH AMERICA 239,476.95 0.00 239,476.95
AP 00421632 12/07/2021 SABOR A MI FOODS INC 20,000.00 0.00 20,000.00
AP 00421633 12/08/2021 ABDELAAL, AMGAD 73.91 0.00 73.91
AP 00421634 12/08/2021 ALLSTAR FIRE EQUIPMENT INC 0.00 320.02 320.02
AP 00421635 12/08/2021 ALPHAGRAPHICS 1,435.23 0.00 1,435.23
AP 00421636 12/08/2021 AMS PLANNING & RESEARCH CORP 1,000.00 0.00 1,000.00
AP 00421637 12/08/2021 AMTECH ELEVATOR SERVICES 2,765.60 0.00 2,765.60
AP 00421638 12/08/2021 AUFBAU CORPORATION 36,570.00 0.00 36,570.00
AP 00421639 12/08/2021 AUTOLIFT SERVICES INC 0.00 4,301.16 4,301.16
AP 00421640 12/08/2021 BAUER COMPRESSORS 0.00 7,427.00 7,427.00
AP 00421641 12/08/2021 BRAUN BLAISING SMITH WYNNE 510.51 0.00 510.51
AP 00421642 12/08/2021 BRIGHTVIEW LANDSCAPE SERVICES INC 1,840.38 0.00 1,840.38
AP 00421643 12/08/2021 C V W D 216.75 0.00 216.75
AP 00421644 12/08/2021 C V W D 133.33 0.00 133.33
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Agenda Check Register
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Excluding So Calif Gas Company.
AND
CITY OF RANCHO CUCAMONGA
12/6/2021 through 12/16/2021
Check No.Check Date Vendor Name City Fire Amount
AP 00421645 12/08/2021 C V W D 0.00 924.37 924.37
***AP 00421651 12/08/2021 C V W D 55,823.54 27.60 55,851.14
AP 00421652 12/08/2021 CAMBRIDGE SEVEN ASSOCIATES INC 38,551.09 0.00 38,551.09
AP 00421653 12/08/2021 CAMERON-DANIEL PC 4,483.50 0.00 4,483.50
AP 00421654 12/08/2021 CANO-SOZA, ANNETTE 113.00 0.00 113.00
AP 00421655 12/08/2021 CAO, SIYUAN 92.62 0.00 92.62
AP 00421656 12/08/2021 CCS ORANGE COUNTY JANITORIAL INC 10,459.29 0.00 10,459.29
AP 00421657 12/08/2021 CHAMPION AWARDS & SPECIALTIES 43.10 0.00 43.10
AP 00421658 12/08/2021 CHAMPION FIRE SYSTEMS INC 609.55 0.00 609.55
***AP 00421659 12/08/2021 CHARTER COMMUNICATIONS 4,604.03 6,437.42 11,041.45
***AP 00421660 12/08/2021 CINTAS CORPORATION #150 1,772.70 720.84 2,493.54
AP 00421661 12/08/2021 CITY RENTALS 155.00 0.00 155.00
AP 00421662 12/08/2021 CLERK OF THE BOARD OF SUPERVISORS 3,495.25 0.00 3,495.25
AP 00421663 12/08/2021 CMRTA 150.00 0.00 150.00
AP 00421664 12/08/2021 CONCRETE WORLD 200.00 0.00 200.00
AP 00421665 12/08/2021 CORPORATETRAININGMATERIALS.COM 3,493.00 0.00 3,493.00
AP 00421666 12/08/2021 COSTAR REALTY INFORMATION INC 2,909.28 0.00 2,909.28
AP 00421667 12/08/2021 COUNTRY ESTATE FENCE CO INC 2,393.97 0.00 2,393.97
AP 00421668 12/08/2021 CPRS 165.00 0.00 165.00
AP 00421669 12/08/2021 CUMMINS SALES & SERVICE 928.92 0.00 928.92
AP 00421670 12/08/2021 D & K CONCRETE COMPANY 4,340.73 0.00 4,340.73
AP 00421671 12/08/2021 DAISYECO INC 481.07 0.00 481.07
***AP 00421672 12/08/2021 DATA TICKET INC 10,981.62 1,190.00 12,171.62
***AP 00421673 12/08/2021 DAVID S MASON INC 7,000.00 17,750.00 24,750.00
AP 00421674 12/08/2021 DELL MARKETING LP 9,954.08 0.00 9,954.08
AP 00421675 12/08/2021 DELTA DENTAL OF CALIFORNIA 1,143.24 0.00 1,143.24
AP 00421676 12/08/2021 DIRECTV 179.99 0.00 179.99
AP 00421677 12/08/2021 DOG WASTE DEPOT 2,802.65 0.00 2,802.65
AP 00421678 12/08/2021 DOUG MARTIN CONTRACTING CO INC 121,121.20 0.00 121,121.20
AP 00421679 12/08/2021 EAGLE ROAD SERVICE & TIRE 753.01 0.00 753.01
AP 00421680 12/08/2021 EXECUTIVE DETAIL SERVICES 0.00 560.00 560.00
AP 00421681 12/08/2021 EXPRESS BRAKE SUPPLY INC 319.04 0.00 319.04
AP 00421682 12/08/2021 FEDERAL EXPRESS CORP 234.60 0.00 234.60
AP 00421683 12/08/2021 FUEL SERV 409.54 0.00 409.54
AP 00421684 12/08/2021 G/M BUSINESS INTERIORS 219.29 0.00 219.29
AP 00421685 12/08/2021 GENTRY BROTHERS INC 200,818.32 0.00 200,818.32
AP 00421686 12/08/2021 GHASSABIAN, VICTORIA 200.00 0.00 200.00
AP 00421687 12/08/2021 GOLDEN GATE CONSTRUCTION INC 91,400.81 0.00 91,400.81
***AP 00421688 12/08/2021 GRAINGER 667.52 54.40 721.92
AP 00421689 12/08/2021 HAAKER EQUIPMENT COMPANY 469.15 0.00 469.15
AP 00421690 12/08/2021 HOYT LUMBER CO, S M 0.00 5.81 5.81
AP 00421691 12/08/2021 IDEXX DISTRIBUTION INC 1,602.85 0.00 1,602.85
AP 00421692 12/08/2021 INLAND DESERT SECURITY & COMMUNICATIONS INC 114.10 0.00 114.10
AP 00421693 12/08/2021 K-K WOODWORKING 32.29 0.00 32.29
AP 00421694 12/08/2021 KASOJI, SRINIVAS 41.21 0.00 41.21
AP 00421695 12/08/2021 KOSMONT COMPANIES 1,935.00 0.00 1,935.00
AP 00421696 12/08/2021 LEWIS, SHARON 20.00 0.00 20.00
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Agenda Check Register
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Excluding So Calif Gas Company.
AND
CITY OF RANCHO CUCAMONGA
12/6/2021 through 12/16/2021
Check No.Check Date Vendor Name City Fire Amount
AP 00421697 12/08/2021 LITTLE BEAR PRODUCTIONS 100.00 0.00 100.00
AP 00421698 12/08/2021 MAGELLAN ADVISORS LLC 6,000.00 0.00 6,000.00
AP 00421699 12/08/2021 MARIPOSA LANDSCAPES INC 1,416.13 0.00 1,416.13
AP 00421700 12/08/2021 MCI 35.80 0.00 35.80
***AP 00421701 12/08/2021 MCMASTER-CARR SUPPLY COMPANY 366.47 15.16 381.63
AP 00421702 12/08/2021 MEDIWASTE DISPOSAL 40.00 0.00 40.00
AP 00421703 12/08/2021 MIDWEST TAPE 3,095.46 0.00 3,095.46
AP 00421704 12/08/2021 NAPA AUTO PARTS 527.58 0.00 527.58
AP 00421705 12/08/2021 NBS 10,700.00 0.00 10,700.00
AP 00421706 12/08/2021 NEIUBER, ROBERT 1,239.48 0.00 1,239.48
AP 00421707 12/08/2021 NEWCO DISTRIBUTORS INC 863.62 0.00 863.62
AP 00421708 12/08/2021 NEXTECH SYSTEMS INC 11,819.88 0.00 11,819.88
AP 00421709 12/08/2021 NV5 INC 23,073.74 0.00 23,073.74
AP 00421710 12/08/2021 ONTARIO SPAY AND NEUTER INC 550.00 0.00 550.00
AP 00421711 12/08/2021 ONTARIO SPAY AND NEUTER INC 780.00 0.00 780.00
AP 00421712 12/08/2021 PARKHOUSE TIRE INC 511.46 0.00 511.46
AP 00421713 12/08/2021 PHAN, XANDER T.221.12 0.00 221.12
AP 00421714 12/08/2021 PORAC 184.00 0.00 184.00
AP 00421715 12/08/2021 POWER & TELEPHONE SUPPLY COMPANY 2,418.80 0.00 2,418.80
AP 00421716 12/08/2021 PRISTINE UNIFORMS LLC 0.00 68.96 68.96
AP 00421717 12/08/2021 QUADIENT INC 713.03 0.00 713.03
AP 00421718 12/08/2021 SAFE-ENTRY TECHNICAL INC 0.00 501.94 501.94
AP 00421719 12/08/2021 SAN ANTONIO REGIONAL HOSPITAL 0.00 80.00 80.00
AP 00421720 12/08/2021 SAN BERNARDINO COUNTY 0.00 12,181.12 12,181.12
AP 00421721 12/08/2021 SAN BERNARDINO COUNTY 30.41 0.00 30.41
AP 00421722 12/08/2021 SAN BERNARDINO CTY FIRE PROTECTION DIST 455.00 0.00 455.00
AP 00421723 12/08/2021 SANS INSTITUTE 10,665.00 0.00 10,665.00
AP 00421724 12/08/2021 SASSOON, LORI 1,742.32 0.00 1,742.32
AP 00421725 12/08/2021 SBSD EVOC TRAINING CENTER 0.00 2,860.00 2,860.00
AP 00421726 12/08/2021 SC RANCHO DEVELOPMENT CORP.4,053.60 0.00 4,053.60
***AP 00421727 12/08/2021 SHEAKLEY PENSION ADMINISTRATION 459.65 178.15 637.80
AP 00421728 12/08/2021 SHRED PROS 113.00 0.00 113.00
AP 00421729 12/08/2021 SIEMENS MOBILITY INC 949.00 0.00 949.00
AP 00421730 12/08/2021 SIERRA, YANETHE 103.00 0.00 103.00
AP 00421733 12/08/2021 SOCAL PPE 0.00 1,558.25 1,558.25
***AP 00421738 12/08/2021 SOUTHERN CALIFORNIA EDISON 27,285.99 1,243.17 28,529.16
AP 00421744 12/08/2021 TIREHUB LLC 1,515.23 0.00 1,515.23
AP 00421745 12/08/2021 U.S. BANK PARS ACCT #6746022500 1,124.60 0.00 1,124.60
AP 00421746 12/08/2021 U.S. BANK PARS ACCT #6746022500 13,641.40 0.00 13,641.40
AP 00421747 12/08/2021 U.S. BANK PARS ACCT #6745033700 6,605.00 0.00 6,605.00
AP 00421748 12/08/2021 UNITED SITE SERVICES OF CA INC 301.45 0.00 301.45
AP 00421749 12/08/2021 UNIVERSAL FLEET SUPPLY 0.00 58.15 58.15
AP 00421750 12/08/2021 UPS 33.00 0.00 33.00
AP 00421751 12/08/2021 UPSCO POWERSAFE SYSTEMS INC 8,640.00 0.00 8,640.00
AP 00421752 12/08/2021 VICTOR MEDICAL COMPANY 2,232.07 0.00 2,232.07
AP 00421753 12/08/2021 VISION COMMUNICATIONS CO 1,249.38 0.00 1,249.38
AP 00421754 12/08/2021 VORTEX INDUSTRIES INC 615.00 0.00 615.00
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Agenda Check Register
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Excluding So Calif Gas Company.
AND
CITY OF RANCHO CUCAMONGA
12/6/2021 through 12/16/2021
Check No.Check Date Vendor Name City Fire Amount
AP 00421755 12/08/2021 WALTERS WHOLESALE ELECTRIC CO 30.76 0.00 30.76
AP 00421756 12/08/2021 WAXIE SANITARY SUPPLY 3,576.33 0.00 3,576.33
***AP 00421757 12/09/2021 SOUTHERN CALIFORNIA EDISON 634.75 1,481.10 2,115.85
AP 00421758 12/09/2021 STANDARD INSURANCE COMPANY 12,082.65 0.00 12,082.65
AP 00421759 12/09/2021 STANDARD INSURANCE COMPANY 3,365.31 0.00 3,365.31
AP 00421760 12/09/2021 SUN BADGE CO 0.00 116.33 116.33
AP 00421761 12/09/2021 TIANA SANCHEZ INTERNATIONAL LLC 10,400.00 0.00 10,400.00
AP 00421762 12/15/2021 ACCELA INC 10,500.00 0.00 10,500.00
AP 00421763 12/15/2021 AFLAC GROUP INSURANCE 24.58 0.00 24.58
AP 00421764 12/15/2021 ALL WELDING 652.50 0.00 652.50
AP 00421765 12/15/2021 ALLSTAR FIRE EQUIPMENT INC 0.00 3,041.20 3,041.20
AP 00421766 12/15/2021 ALPHAGRAPHICS 339.41 0.00 339.41
AP 00421767 12/15/2021 AMTECH ELEVATOR SERVICES 2,209.00 0.00 2,209.00
AP 00421768 12/15/2021 AQUABIO ENVIRONMENTAL TECHNOLOGIES INC 1,450.00 0.00 1,450.00
***AP 00421769 12/15/2021 AYANTRA INC 2,304.00 1,728.00 4,032.00
AP 00421770 12/15/2021 BEHAVIORAL ANALYSIS TRAINING INC 575.00 0.00 575.00
AP 00421771 12/15/2021 BEST OUTDOOR POWER INLAND LLC 56.01 0.00 56.01
AP 00421772 12/15/2021 BISHOP COMPANY 51.71 0.00 51.71
AP 00421773 12/15/2021 BRIDGEALL LIBRARIES LIMITED 16,640.00 0.00 16,640.00
AP 00421774 12/15/2021 BRIDGES BEAUTY COLLEGE 129.60 0.00 129.60
AP 00421775 12/15/2021 BRIGHTVIEW LANDSCAPE SERVICES INC 45,993.27 0.00 45,993.27
AP 00421776 12/15/2021 CAGLE'S APPLIANCE CENTER 0.00 50.10 50.10
AP 00421777 12/15/2021 CAL-OSHA REPORTER 427.00 0.00 427.00
***AP 00421778 12/15/2021 CALAMP WIRELESS NETWORKS CORP 53,362.12 9,950.00 63,312.12
AP 00421779 12/15/2021 CALIFORNIA, STATE OF 248.42 0.00 248.42
AP 00421780 12/15/2021 CALIFORNIA, STATE OF 32.26 0.00 32.26
AP 00421781 12/15/2021 CALIFORNIA, STATE OF 342.73 0.00 342.73
AP 00421782 12/15/2021 CCS ORANGE COUNTY JANITORIAL INC 53,314.21 0.00 53,314.21
AP 00421783 12/15/2021 CHAMPION FIRE SYSTEMS INC 789.28 0.00 789.28
AP 00421784 12/15/2021 CIRCLEPOINT 3,169.76 0.00 3,169.76
***AP 00421785 12/15/2021 CITIZENS BUSINESS BANK 437.50 11,762.84 12,200.34
AP 00421786 12/15/2021 CIVIC SOLUTIONS INC 11,625.00 0.00 11,625.00
AP 00421787 12/15/2021 CLEAR BLUE LIFE & SAFETY LLC 2,267.25 0.00 2,267.25
AP 00421788 12/15/2021 CORODATA MEDIA STORAGE INC 63.75 0.00 63.75
AP 00421789 12/15/2021 D & K CONCRETE COMPANY 1,325.33 0.00 1,325.33
AP 00421790 12/15/2021 DAVIDSON, BETH 52.00 0.00 52.00
AP 00421791 12/15/2021 DAVIS FAMILY CHILD CARE 56.37 0.00 56.37
AP 00421792 12/15/2021 DELTA DENTAL OF CALIFORNIA 41,951.83 0.00 41,951.83
AP 00421793 12/15/2021 DEPARTMENT OF JUSTICE 305.00 0.00 305.00
AP 00421794 12/15/2021 DEPARTMENT OF TRANSPORTATION, CALIF 9,802.86 0.00 9,802.86
AP 00421795 12/15/2021 DH BACKFLOW 107.89 0.00 107.89
AP 00421796 12/15/2021 DIG SAFE BOARD 135.40 0.00 135.40
AP 00421797 12/15/2021 DUKE-SEXTON, SHEILA 171.69 0.00 171.69
AP 00421798 12/15/2021 E GROUP, THE 450.00 0.00 450.00
AP 00421799 12/15/2021 EIGHTH AVENUE ENTERPRISE LLC 71.12 0.00 71.12
AP 00421800 12/15/2021 ENRIQUEZ, ARMAND M 5,000.00 0.00 5,000.00
AP 00421801 12/15/2021 EXECUTIVE DETAIL SERVICES 0.00 280.00 280.00
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Agenda Check Register
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Excluding So Calif Gas Company.
AND
CITY OF RANCHO CUCAMONGA
12/6/2021 through 12/16/2021
Check No.Check Date Vendor Name City Fire Amount
AP 00421802 12/15/2021 EXPERIAN 52.00 0.00 52.00
AP 00421803 12/15/2021 FACTORY MOTOR PARTS 0.00 1,731.50 1,731.50
AP 00421804 12/15/2021 FEDERAL EXPRESS CORP 202.42 0.00 202.42
AP 00421805 12/15/2021 FITNESS REPAIR SHOP 0.00 304.50 304.50
AP 00421806 12/15/2021 FLEETPRIDE 0.00 558.09 558.09
***AP 00421808 12/15/2021 FRONTIER COMM 5,818.01 2,739.57 8,557.58
AP 00421809 12/15/2021 FUEL SERV 895.04 0.00 895.04
AP 00421810 12/15/2021 G & A INVESTMENT GROUP LLC 292.50 0.00 292.50
***AP 00421811 12/15/2021 GRAINGER 1,374.75 160.39 1,535.14
AP 00421812 12/15/2021 HAMILTON, MONIQUE 84.00 0.00 84.00
AP 00421813 12/15/2021 HI-LINE ELECTRIC COMPANY 329.72 0.00 329.72
AP 00421814 12/15/2021 HIVELY, CHRISTOPH 673.36 0.00 673.36
AP 00421815 12/15/2021 HLP INC 154.35 0.00 154.35
AP 00421816 12/15/2021 HOME DEPOT CREDIT SERVICES 59.28 0.00 59.28
AP 00421817 12/15/2021 INLAND EMPIRE PROPERTY SERVICES INC 0.00 10,921.00 10,921.00
AP 00421818 12/15/2021 INLAND PRESORT & MAILING SERVICES 227.32 0.00 227.32
AP 00421819 12/15/2021 INTERSTATE ALL BATTERY CENTER 909.90 0.00 909.90
AP 00421820 12/15/2021 ITRON INC 8,044.80 0.00 8,044.80
AP 00421821 12/15/2021 JOHNNY ALLEN TENNIS ACADEMY 1,523.00 0.00 1,523.00
AP 00421822 12/15/2021 KLEIN PRODUCTS 254.98 0.00 254.98
AP 00421823 12/15/2021 LANDSCAPE WEST MANAGEMENT SERVICES INC 179,708.06 0.00 179,708.06
AP 00421824 12/15/2021 LEAL, MICHAEL 0.00 320.00 320.00
AP 00421825 12/15/2021 LI, YING 52.14 0.00 52.14
***AP 00421826 12/15/2021 LIEBERT CASSIDY WHITMORE 4,434.50 520.50 4,955.00
AP 00421827 12/15/2021 LIFE-ASSIST INC 0.00 168.09 168.09
***AP 00421830 12/15/2021 LOWES COMPANIES INC 9,587.29 1,341.76 10,929.05
AP 00421831 12/15/2021 MAGELLAN ADVISORS LLC 5,250.00 0.00 5,250.00
AP 00421832 12/15/2021 MAIN STREET SIGNS 1,416.60 0.00 1,416.60
***AP 00421834 12/15/2021 MARIPOSA LANDSCAPES INC 338,598.85 2,679.98 341,278.83
AP 00421835 12/15/2021 MARLINK INC 0.00 162.00 162.00
AP 00421836 12/15/2021 MIJAC ALARM COMPANY 108.00 0.00 108.00
AP 00421837 12/15/2021 MONTGOMERY HARDWARE CO 0.00 527.22 527.22
AP 00421838 12/15/2021 MYERS TIRE SUPPLY COMPANY 163.73 0.00 163.73
***AP 00421839 12/15/2021 NAPA AUTO PARTS 323.56 264.88 588.44
AP 00421840 12/15/2021 NATIONAL UTILITY LOCATORS LLC 3,240.00 0.00 3,240.00
AP 00421841 12/15/2021 NEWTON, CAMERON 208.60 0.00 208.60
AP 00421842 12/15/2021 OCCUPATIONAL HEALTH CTRS OF CA 263.50 0.00 263.50
AP 00421843 12/15/2021 OLSON, BUZZ 0.00 320.00 320.00
AP 00421844 12/15/2021 ONTRAC 68.27 0.00 68.27
AP 00421845 12/15/2021 OPTION ONE SOLAR 726.00 0.00 726.00
AP 00421846 12/15/2021 PACIFIC MH CONSTRUCTION INC 5,345.00 0.00 5,345.00
AP 00421847 12/15/2021 PINNACLE PETROLEUM INC 67,522.20 0.00 67,522.20
AP 00421848 12/15/2021 PORAC LEGAL DEFENSE FUND 252.00 0.00 252.00
AP 00421849 12/15/2021 POSTAL PERFECT 75.00 0.00 75.00
AP 00421850 12/15/2021 PRE-PAID LEGAL SERVICES INC 60.17 0.00 60.17
AP 00421851 12/15/2021 PRISTINE UNIFORMS LLC 0.00 963.78 963.78
AP 00421852 12/15/2021 PRO SPRAY EQUIPMENT 749.49 0.00 749.49
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RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Excluding So Calif Gas Company.
AND
CITY OF RANCHO CUCAMONGA
12/6/2021 through 12/16/2021
Check No.Check Date Vendor Name City Fire Amount
AP 00421853 12/15/2021 QUINN, RHONDA 216.00 0.00 216.00
AP 00421854 12/15/2021 RANCHO SMOG CENTER 44.95 0.00 44.95
AP 00421855 12/15/2021 RBM LOCK AND KEY SERVICE 206.38 0.00 206.38
AP 00421856 12/15/2021 RESIDENTIAL MORTGAGE SOLUTION LLC 37,004.00 0.00 37,004.00
AP 00421857 12/15/2021 RIGHT OF WAY INC 944.69 0.00 944.69
AP 00421858 12/15/2021 SAM'S CLUB/SYNCHRONY BANK 31.87 0.00 31.87
AP 00421859 12/15/2021 SAN BERNARDINO CO AUDITOR CONT 8,414.00 0.00 8,414.00
AP 00421860 12/15/2021 SAN BERNARDINO COUNTY 15,443.92 0.00 15,443.92
AP 00421861 12/15/2021 SAN BERNARDINO CTY FIRE PROTECTION DIST 0.00 909.00 909.00
AP 00421862 12/15/2021 SBPEA 2,289.23 0.00 2,289.23
AP 00421863 12/15/2021 SEGAAR, AARON 0.00 320.00 320.00
AP 00421864 12/15/2021 SHERIFFS COURT SERVICES 100.00 0.00 100.00
***AP 00421865 12/15/2021 SHRED PROS 58.00 63.00 121.00
AP 00421866 12/15/2021 SIDEPATH INC 4,000.00 0.00 4,000.00
AP 00421867 12/15/2021 SIEMENS MOBILITY INC 52,158.50 0.00 52,158.50
AP 00421868 12/15/2021 SINNETT CONSULTING SERVICES INC 175.00 0.00 175.00
AP 00421869 12/15/2021 SMITTY'S DIESEL 1,156.65 0.00 1,156.65
***AP 00421870 12/15/2021 SOCAL OFFICE TECHNOLOGIES 3,047.60 603.36 3,650.96
AP 00421871 12/15/2021 SOCIAL VOCATIONAL SERVICES 2,709.00 0.00 2,709.00
AP 00421872 12/15/2021 SONSRAY MACHINERY LLC 3,842.83 0.00 3,842.83
***AP 00421877 12/15/2021 SOUTHERN CALIFORNIA EDISON 112,438.76 1,241.22 113,679.98
AP 00421878 12/15/2021 SOUTHERN CALIFORNIA EDISON 0.00 1,348.47 1,348.47
AP 00421879 12/15/2021 SOUTHERN CALIFORNIA EDISON 506.43 0.00 506.43
AP 00421880 12/15/2021 STABILIZER SOLUTIONS INC 1,590.00 0.00 1,590.00
***AP 00421881 12/15/2021 STANLEY PEST CONTROL 2,310.00 810.00 3,120.00
AP 00421882 12/15/2021 STOTZ EQUIPMENT 1,349.87 0.00 1,349.87
AP 00421883 12/15/2021 STOVER SEED COMPANY 10,990.50 0.00 10,990.50
AP 00421884 12/15/2021 STRATEGIC ECONOMICS INC 9,145.00 0.00 9,145.00
AP 00421885 12/15/2021 SYCAMORE VILLA MOBILE HOME PARK 400.00 0.00 400.00
AP 00421886 12/15/2021 THE COUNSELING TEAM INTERNATIONAL 0.00 900.00 900.00
AP 00421887 12/15/2021 TIREHUB LLC 646.44 0.00 646.44
AP 00421888 12/15/2021 TORO TOWING 700.00 0.00 700.00
AP 00421889 12/15/2021 TOXGUARD FLUID TECHNOLOGIES INC 260.85 0.00 260.85
AP 00421890 12/15/2021 TRIDEN GROUP CORP 6,720.00 0.00 6,720.00
AP 00421891 12/15/2021 ULINE 121.79 0.00 121.79
AP 00421892 12/15/2021 UNDERGROUND SVC ALERT OF SO CAL 66.22 0.00 66.22
AP 00421893 12/15/2021 UNITED WAY 45.00 0.00 45.00
AP 00421894 12/15/2021 UNIVERSAL FLEET SUPPLY 0.00 1,085.10 1,085.10
AP 00421895 12/15/2021 UPS 33.00 0.00 33.00
AP 00421896 12/15/2021 VELOCITY TRUCK CENTERS 0.00 1,905.28 1,905.28
AP 00421897 12/15/2021 VERIZON WIRELESS - LA 305.60 0.00 305.60
AP 00421898 12/15/2021 VERIZON WIRELESS - LA 6,353.60 0.00 6,353.60
AP 00421899 12/15/2021 VERIZON WIRELESS - LA 6,282.32 0.00 6,282.32
AP 00421900 12/15/2021 VICTOR MEDICAL COMPANY 3,060.64 0.00 3,060.64
AP 00421901 12/15/2021 VIRTUAL PROJECT MANAGER LLC 500.00 0.00 500.00
***AP 00421902 12/15/2021 WALTERS WHOLESALE ELECTRIC CO 1,666.64 362.90 2,029.54
***AP 00421903 12/15/2021 WAXIE SANITARY SUPPLY 2,963.09 1,229.62 4,192.71
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Agenda Check Register
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Excluding So Calif Gas Company.
AND
CITY OF RANCHO CUCAMONGA
12/6/2021 through 12/16/2021
Check No.Check Date Vendor Name City Fire Amount
AP 00421904 12/15/2021 WEST COAST ARBORISTS INC 109,915.35 0.00 109,915.35
AP 00421905 12/15/2021 WESTERN STATES TRANSMISSIONS 0.00 913.50 913.50
AP 00421906 12/15/2021 WILSON & BELL AUTO SERVICE 249.48 0.00 249.48
AP 00421907 12/15/2021 YAZDANBAKHSH, ANDREW 0.00 735.00 735.00
$6,865,555.80
$7,220,700.83
$355,145.03
Note:
Grand Total:
Total Fire:
Total City:
*** Check Number includes both City and Fire District expenditures
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DATE:January 5, 2022
TO:Mayor and Members of the City Council
President and Members of the Boards 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 $14,238.90 Dated December 06, 2021 Through December 16,
2021. (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 $13,060.53 and
$1,178.37 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 27
Agenda Check Register
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
So Calif Gas Company Only.
AND
CITY OF RANCHO CUCAMONGA
12/6/2021 through 12/16/2021
Check No.Check Date Vendor Name City Fire Amount
***AP 00421731 12/08/2021 SO CALIF GAS COMPANY 11,355.84 1,178.37 12,534.21
AP 00421732 12/08/2021 SO CALIF GAS COMPANY 1,704.69 0.00 1,704.69
$13,060.53
$14,238.90
$1,178.37
Note:
Grand Total:
Total Fire:
Total City:
*** Check Number includes both City and Fire District expenditures
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DATE:January 5, 2022
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY:Matt Burris, Deputy City Manager Economic and Community
Development
Flavio Nuñez, Management Analyst II
SUBJECT:Consideration of a Professional Services Agreement with University
Enterprises Corporation on behalf of Inland Empire Small Business
Development Center for Business Consulting Services in the Amount of
$25,000. (CITY)
RECOMMENDATION:
Staff recommends that the City Council approve a Professional Services Agreement with
University Enterprises Corporation on behalf of the Inland Empire Small Business Development
for Business Consulting Services in the amount of $25,000.00
BACKGROUND:
The Inland Empire Small Business Development Center (IESBDC) has provided business
assistance programs to the community for the last several years and continues to support the
City’s efforts to improve and expand the business community. In 2020, the program contract
lapsed due to an error in tracking the expiration date. The programs provided by the IESBDC
includes business counseling and consulting to Rancho Cucamonga-based businesses, as well
as to Rancho Cucamonga residents interested in starting their own businesses. Through a
contract with the City, these services are offered to businesses and residents at no charge.
ANALYSIS:
Through this contract the IESBDC will continue to provide valuable service in the community.
Some of the services provided by the IESBDC include presenting and hosting business
workshops (e.g., How to Start A Home-Based Business; Understanding Your Financials), and
one-on-one consulting (e.g., accessing capital; marketing). Additionally, the IESBDC participates
in local and regional events in support of the Rancho Cucamonga business efforts.
Due to the valuable support that the Inland Empire Small Business Development Center provides
to the Rancho Cucamonga business community, as well as its commendable past performance
in providing business services, staff recommends that the Council continue its relationship with
the IESBDC and approve its 2022 contract for a 3-year term with three (3) two-year renewal
options.
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FISCAL IMPACT:
The proposed contract amount is for $25,000.00. This item has been budgeted in the 2021/2022
Fiscal Year Budget.
COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:
The services provided by the Inland Empire Small Business Development Center will continue to
build on our success as a world class community, to create an equitable, sustainable, and vibrant
City, rich in opportunity for all to thrive.
ATTACHMENTS:
Attachment 1 – Agreement for Professional Services
Attachment 2 – Exhibit A Scope of Services
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AGREEMENT FOR
PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered into this 5 day of January,
2022, by and between the City of Rancho Cucamonga, a municipal corporation
(“City”) and the University Enterises Corpration at CSUSB for itself and on behalf of
Inland Empire Small Business Development Center, a Non-profit (“Consultant”).
RECITALS
A.City has heretofore issued its request for proposals to perform the
following professional services: business counceling services to companies and
individuals residing within the City of Rancho Cucamonga (“the Project”).
B.Consultant has submitted a proposal to perform the professional services
described in Recital “A”, above, necessary to complete the Project.
C.City desires to engage Consultant to complete the Project in the manner
set forth and more fully described herein.
D.Consultant represents that it is fully qualified and licensed under the laws
of the State of California to perform the services contemplated by this Agreement in a
good and professional manner.
AGREEMENT
NOW, THEREFORE, in consideration of performance by the parties of the
mutual promises, covenants, and conditions herein contained, the parties hereto agree as
follows:
1.Consultant’s Services.
1.1 Scope and Level of Services. Subject to the terms and conditions
set forth in this Agreement, City hereby engages Consultant to perform all technical and
professional services described in Recitals “A” and “B” above, including, but not limited
to business counceling services to companies and individuals residing within the City of
Rancho Cucamonga, all as more fully set forth in the Consultant’s proposal, dated
December 13, 2021 and entitled “Scope of Work”, attached hereto as Exhibit “A”, and
incorporated by reference herein. The nature, scope, and level of the services required to
be performed by Consultant are set forth in the Scope of Work and are referred to herein
as “the Services.” In the event of any inconsistencies between the Scope of Work and
this Agreement, the terms and provisions of this Agreement shall control.
1.2 Revisions to Scope of Work. Upon request of the City, the
Consultant will promptly meet with City staff to discuss any revisions to the Project
Attachment 1 Page 31
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desired by the City. Consultant agrees that the Scope of Work may be amended based
upon said meetings, and, by amendment to this Agreement, the parties may agree on a
revision or revisions to Consultant’s compensation based thereon. A revision pursuant to
this Section that does not increase the total cost payable to Consultant by more than ten
percent (10%) of the total compensation specified in Section 3, may be approved in
writing by City’s City Manager without amendment.
1.3 Time for Performance. Consultant shall perform all services under
this Agreement in a timely, regular basis consistent with industry standards for
professional skill and care, and in accordance with any schedule of performance set forth
in the Scope of Work, or as set forth in a “Schedule of Performance”, if such Schedule is
attached hereto as Exhibit “N/A”.
1.4 Standard of Care. As a material inducement to City to enter into
this Agreement, Consultant hereby represents that it has the experience necessary to
undertake the services to be provided. In light of such status and experience, Consultant
hereby covenants that it shall follow the customary professional standards in performing
the Services.
1.5 Familiarity with Services. By executing this Agreement,
Consultant represents that, to the extent required by the standard of practice, Consultant
(a) has investigated and considered the scope of services to be performed, (b) has
carefully considered how the services should be performed, and (c) understands the
facilities, difficulties and restrictions attending performance of the services under this
Agreement. Consultant represents that Consultant, to the extent required by the standard
of practice, has investigated any areas of work, as applicable, and is reasonably
acquainted with the conditions therein. Should Consultant discover any latent or
unknown conditions, which will materially affect the performance of services, Consultant
shall immediately inform City of such fact and shall not proceed except at Consultant’s
risk until written instructions are received from the City Representative.
2. Term of Agreement. The term of this Agreement shall be 3 year(s) and
shall become effective as of the date of the mutual execution by way of both parties
signature (the “Effective Date”). No work shall be conducted; service or goods will not
be provided until this Agreement has been executed and requirements have been
fulfilled.
Parties to this Agreement shall have the option to renew in 2 year(s) increments to a total
of 3 years, unless sooner terminated as provided in Section 14 herein. Options to renew
are contingent upon the City Manager’s approval, subject to pricing review, and in
accordance to all Terms and Conditions stated herein unless otherwise provided in
writing by the City.
3. Compensation.
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3.1 Compensation. City shall compensate Consultant as set forth in
Exhibit A, provided, however, that full, total and complete amount payable to Consultant
shall not exceed $25,000.00 (Twenty-Five Thousand Dollars), including all out of pocket
expenses, unless additional compensation is approved by the City Manager or City
Council. City shall not withhold any federal, state or other taxes, or other deductions.
However, City shall withhold not more than ten percent (10%) of any invoice amount
pending receipt of any deliverables reflected in such invoice. Under no circumstance
shall Consultant be entitled to compensation for services not yet satisfactorily performed.
The parties further agree that compensation may be adjusted in accordance
with Section 1.2 to reflect subsequent changes to the Scope of Services. City shall
compensate Consultant for any authorized extra services as set forth in Exhibit A.
4. Method of Payment.
4.1 Invoices. Consultant shall submit to City monthly invoices for the
Services performed pursuant to this Agreement. The invoices shall describe in detail the
Services rendered during the period and shall separately describe any authorized extra
services. Any invoice claiming compensation for extra services shall include appropriate
documentation of prior authorization of such services. All invoices shall be remitted to
the City of Rancho Cucamonga, California.
4.2 City shall review such invoices and notify Consultant in writing
within ten (10) business days of any disputed amounts.
4.3 City shall pay all undisputed portions of the invoice within thirty
(30) calendar days after receipt of the invoice up to the not-to-exceed amounts set forth in
Section 3.
4.4 All records, invoices, time cards, cost control sheets and other
records maintained by Consultant relating to services hereunder shall be available for
review and audit by the City.
5. Representatives.
5.1 City Representative. For the purposes of this Agreement, the
contract administrator and City’s representative shall be Deputy City Manager Economic
and Community Development, or such other person as designated in writing by the City
(“City Representative”). It shall be Consultant’s responsibility to assure that the City
Representative is kept informed of the progress of the performance of the services, and
Consultant shall refer any decisions that must be made by City to the City Representative.
Unless otherwise specified herein, any approval of City required hereunder shall mean
the approval of the City Representative.
5.2 Consultant Representative. For the purposes of this Agreement,
Executive Director of the Inland Empire Small Business Development Center, is hereby
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designated as the principal and representative of Consultant authorized to act in its behalf
with respect to the services specified herein and make all decisions in connection
therewith (“Consultant’s Representative”). It is expressly understood that the experience,
knowledge, capability and reputation of the Consultant’s Representative were a
substantial inducement for City to enter into this Agreement. Therefore, the Consultant’s
Representative shall be responsible during the term of this Agreement for directing all
activities of Consultant and devoting sufficient time to personally supervise the services
hereunder. Consultant may not change the Responsible Principal without the prior
written approval of City.
6. Consultant’s Personnel.
6.1 All Services shall be performed by Consultant or under
Consultant’s direct supervision, and all personnel shall possess the qualifications,
permits, and licenses required by State and local law to perform such Services, including,
without limitation, a City business license as required by the City’s Municipal Code.
6.2 Consultant shall be solely responsible for the satisfactory work
performance of all personnel engaged in performing the Services and compliance with
the standard of care set forth in Section 1.4.
6.3 Consultant shall be responsible for payment of all employees’ and
subcontractors’ wages and benefits, and shall comply with all requirements pertaining to
employer’s liability, workers’ compensation, unemployment insurance, and Social
Security. By its execution of this Agreement, Consultant certifies that it is aware of the
provisions of Section 3700 of the California Labor Code that require every employer to
be insured against liability for Worker's Compensation or to undertake self-insurance in
accordance with the provisions of that Code, and agrees to comply with such provisions
before commencing the performance of the Services.
6.4 Consultant shall indemnify, defend and hold harmless City and its
elected officials, officers and employees, servants, designated volunteers, and agents
serving as independent contractors in the role of City officials, from any and all liability,
damages, claims, costs and expenses of any nature to the extent arising from Consultant’s
violations of personnel practices and/or any violation of the California Labor Code. City
shall have the right to offset against the amount of any fees due to Consultant under this
Agreement any amount due to City from Consultant as a result of Consultant’s failure to
promptly pay to City any reimbursement or indemnification arising under this Section 6.
7. Ownership of Work Product.
7.1 Ownership. All documents, ideas, concepts, electronic files,
drawings, photographs and any and all other writings, including drafts thereof, prepared,
created or provided by Consultant in the course of performing the Services, including any
and all intellectual and proprietary rights arising from the creation of the same
(collectively, “Work Product”), are considered to be “works made for hire” for the
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benefit of the City. Upon payment being made, and provided Consultant is not in breach
of this Agreement, all Work Product shall be and remain the property of City without
restriction or limitation upon its use or dissemination by City. Basic survey notes,
sketches, charts, computations and similar data prepared or obtained by Consultant under
this Agreement shall, upon request, be made available to City. None of the Work Product
shall be the subject of any common law or statutory copyright or copyright application by
Consultant. In the event of the return of any of the Work Product to Consultant or its
representative, Consultant shall be responsible for its safe return to City. Under no
circumstances shall Consultant fail to deliver any draft or final designs, plans, drawings,
reports or specifications to City upon written demand by City for their delivery,
notwithstanding any disputes between Consultant and City concerning payment,
performance of the contract, or otherwise. This covenant shall survive the termination of
this Agreement. City’s reuse of the Work Product for any purpose other than the Project,
shall be at City’s sole risk.
7.2. Assignment of Intellectual Property Interests: Upon execution of
this Agreement and to the extent not otherwise conveyed to City by Section 7.1, above,
the Consultant shall be deemed to grant and assign to City, and shall require all of its
subcontractors to assign to City, all ownership rights, and all common law and statutory
copyrights, trademarks, and other intellectual and proprietary property rights relating to
the Work Product and the Project itself, and Consultant shall disclaim and retain no rights
whatsoever as to any of the Work Product, to the maximum extent permitted by law.
City shall be entitled to utilize the Work Product for any and all purposes, including but
not limited to constructing, using, maintaining, altering, adding to, restoring, rebuilding
and publicizing the Project or any aspect of the Project.
7.3 Title to Intellectual Property. Consultant warrants and represents
that it has secured all necessary licenses, consents or approvals to use any
instrumentality, thing or component as to which any intellectual property right exists,
including computer software, used in the rendering of the Services and the production of
the Work Product and/or materials produced under this Agreement, and that City has full
legal title to and the right to reproduce any of the Work Product. Consultant shall defend,
indemnify and hold City, and its elected officials, officers, employees, servants,
attorneys, designated volunteers, and agents serving as independent contractors in the
role of City officials, harmless from any loss, claim or liability in any way related to a
claim that City’s use is violating federal, state or local laws, or any contractual
provisions, relating to trade names, licenses, franchises, patents or other means of
protecting intellectual property rights and/or interests in products or inventions.
Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret
or trademarked documents, materials, software, equipment, devices or processes used or
incorporated in the Services and materials produced under this Agreement. In the event
City’s use of any of the Work Product is held to constitute an infringement and any use
thereof is enjoined, Consultant, at its expense, shall: (a) secure for City the right to
continue using the Work Product by suspension of any injunction or by procuring a
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license or licenses for City; or (b) modify the Work Product so that it becomes non-
infringing. This covenant shall survive the termination of this Agreement.
8. Status as Independent Contractor. Consultant is, and shall at all times
remain as to City, a wholly independent contractor. Consultant shall have no power to
incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of
City. Neither City nor any of its agents shall have control over the conduct of Consultant
or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall
not, at any time, or in any manner, represent that it or any of its officers, agents or
employees are in any manner employees of City. Consultant shall pay all required taxes
on amounts paid to Consultant under this Agreement, and to defend, indemnify and hold
City harmless from any and all taxes, assessments, penalties, and interest asserted against
City by reason of the independent contractor relationship created by this Agreement.
Consultant shall fully comply with the workers’ compensation law regarding Consultant
and Consultant’s employees.
9. Confidentiality. Consultant may have access to financial, accounting,
statistical, and personnel data of individuals and City employees. Consultant covenants
that all data, documents, discussion, or other information developed or received by
Consultant or provided for performance of this Agreement are confidential and shall not
be disclosed by Consultant without prior written authorization by City. City shall grant
such authorization if applicable law requires disclosure. All City data shall be returned to
City upon the termination of this Agreement. Consultant’s covenant under this Section
shall survive the termination of this Agreement. This provision shall not apply to
information in whatever form that is in the public domain, nor shall it restrict the
Consultant from giving notices required by law or complying with an order to provide
information or data when such an order is issued by a court, administrative agency or
other legitimate authority, or if disclosure is otherwise permitted by law and reasonably
necessary for the Consultant to defend itself from any legal action or claim.
10. Conflict of Interest.
10.1 Consultant covenants that it presently has no interest and shall not
acquire any interest, direct or indirect, which may be affected by the Services, or which
would conflict in any manner with the performance of the Services. Consultant further
covenants that, in performance of this Agreement, no person having any such interest
shall be employed by it. Furthermore, Consultant shall avoid the appearance of having
any interest, which would conflict in any manner with the performance of the Services.
Consultant shall not accept any employment or representation during the term of this
Agreement which is or may likely make Consultant “financially interested” (as provided
in California Government Code §§1090 and 87100) in any decision made by City on any
matter in connection with which Consultant has been retained.
10.2 Consultant further represents that it has not employed or retained
any person or entity, other than a bona fide employee working exclusively for Consultant,
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to solicit or obtain this Agreement. Consultant has not paid or agreed to pay any person
or entity, other than a bona fide employee working exclusively for Consultant, any fee,
commission, gift, percentage, or any other consideration contingent upon the execution of
this Agreement. Upon any breach or violation of this warranty, City shall have the right,
at its sole and absolute discretion, to terminate this Agreement without further liability, or
to deduct from any sums payable to Consultant hereunder the full amount or value of any
such fee, commission, percentage or gift.
10.3 Consultant has no knowledge that any officer or employee of City
has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise,
in this transaction or in the business of Consultant, and that if any such interest comes to
the knowledge of Consultant at any time during the term of this Agreement, Consultant
shall immediately make a complete, written disclosure of such interest to City, even if
such interest would not be deemed a prohibited “conflict of interest” under applicable
laws as described in subsection 10.1.
11. Indemnification.
11.1 Professional Services. In the connection with its professional
services, the Consultant shall defend, indemnify, and hold the City, and its elected
officials, officers, employees, servants, volunteers, and agents serving as independent
contractors in the role of City officials, (collectively, “Indemnitees”), free and harmless
with respect to any and all damages, liabilities, losses, reasonable defense costs or
expenses (collectively, “Claims”), including but not limited to liability for death or injury
to any person and injury to any property, to the extent the same arise out of, pertain to, or
relate to the negligence, recklessness, or willful misconduct of the Consultant or any of
its officers, employees, subcontractors, consultants, or agents in the performance of its
professional services under this Agreement. Consultant shall pay all reasonable defense
costs and expenses, including actual attorney’s fees and experts’ costs incurred in
connection with such defense.
11.2 Other Indemnities. In connection with all Claims not covered by
Section 11.1, and to the maximum extent permitted by law, the Consultant shall defend,
hold harmless and indemnify the Indemnitees with respect to any and all Claims
including but not limited to Claims relating to death or injury to any person and injury to
any property, which arise out of, pertain to, or relate to the acts, omissions, activities or
operations of Consultant or any of its officers, employees, subcontractors, subconsultants,
or agents in the performance of this Agreement. Consultant shall defend Indemnitees in
any action or actions filed in connection with any such Claims with counsel of City’s
choice, and shall pay all costs and expenses, including actual attorney’s fees and experts’
costs incurred in connection with such defense. The indemnification obligation herein
shall not in any way be limited by the insurance obligations contained in this Agreement
provided, however, that the Contractor shall have no obligation to indemnify for Claims
arising out of the sole negligence or willful misconduct of any of the Indemnitees.
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11.3 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any
rights that they may possess against Consultant because of the acceptance by City, or the
deposit with City, of any insurance policy or certificate required pursuant to this
Agreement.
11.4 Waiver of Right of Subrogation. Except as otherwise expressly
provided in this Agreement, Consultant, on behalf of itself and all parties claiming under
or through it, hereby waives all rights of subrogation against the Indemnitees, while
acting within the scope of their duties, from all claims, losses and liabilities arising out of
or incident to activities or operations performed by or on behalf of the Consultant.
11.5 Survival. The provisions of this Section 11 shall survive the
termination of the Agreement and are in addition to any other rights or remedies which
Indemnitees may have under the law. Payment is not required as a condition precedent to
an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment
against Consultant shall be conclusive in favor of the Indemnitee’s right to recover under
this indemnity provision.
12. Insurance.
12.1 Liability Insurance. Consultant shall procure and maintain in full
force and effect for the duration of this Agreement, insurance against claims for injuries
to persons or damages to property which may arise from or in connection with the
performance of the services hereunder by Consultant, and/or its agents, representatives,
employees and subcontractors.
12.2 Minimum Scope of Insurance. Unless otherwise approved by City,
coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability
coverage (occurrence form CG 0001).
(2) Insurance Services Office form number CA 0001 (Ed.
1/87) covering Automobile Liability, code 1 (any auto).
(3) Worker’s Compensation insurance as required by the State
of California, and Employer’s Liability Insurance.
(4) Professional Liability insurance in a form approved by the
City, having, at City’s option, an extended reporting period
of not less than three (3) years; or professional liability
insurance shall be maintained for a period of three (3) years
after completion of the Services which shall, during the
entire three (3) year period, provide protection against
claims of professional negligence arising out of
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Consultant’s performance of the Services and otherwise
complying with all applicable provisions of this Section 12.
The policy shall be endorsed to include contractual liability
to the extent insurable.
12.3 Minimum Limits of Insurance. Consultant shall maintain limits no
less than:
(1) Commercial General Liability: $2,000,000 per occurrence
for bodily injury, personal injury and property damage.
Commercial General Liability Insurance with a general
aggregate limit shall apply separately to this Agreement or
the general limit shall be twice the required occurrence
limit.
(2) Automobile Liability: $2,000,000 per accident for bodily
injury and property damage.
(3) Employer’s Liability: $1,000,000 per accident and in the
aggregate for bodily injury or disease and Workers’
Compensation Insurance in the amount required by law.
(4) Professional Liability: $1,000,000 per claim/aggregate.
(5) The Insurance obligations under this agreement shall be the
greater of (i) the Insurance coverages and limits carried by
the Contractor; or (ii) the minimum insurance requirements
shown in this Agreement. Any insurance proceeds in
excess of the specified limits and coverage required which
are applicable to a given loss, shall be available to the City.
No representation is made that the minimum insurance
requirements of this Agreement are sufficient to cover the
obligations of the Contractor under this Agreement.
12.4 Deductibles and Self-Insured Retentions. Any deductibles or self-
insured retentions must be declared to and approved by the City and shall
not reduce the limits of coverage. City reserves the right to obtain a full
certified copy of any required insurance policy and endorsements.
12.5 Other Insurance Provisions.
(1) The commercial general liability and automobile liability
policies are to contain the following provisions on a
separate additionally insured endorsement naming the City,
its officers, officials, employees, designated volunteers and
agents serving as independent contractors in the role of
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City officials as additional insureds as respects: liability
arising out of activities performed by or on behalf of
Consultant; products and completed operations of
Consultant; premises owned, occupied or used by
Consultant; and/or automobiles owned, leased, hired or
borrowed by Consultant. The coverage shall contain no
limitations on the scope of protection afforded to City, its
officers, officials, employees, designated volunteers or
agents serving as independent contractors in the role of
City officials which are not also limitations applicable to
the named insured.
(2) For any claims related to this Agreement, Consultant’s
insurance coverage shall be primary insurance as respects
City, its officers, officials, employees, designated
volunteers and agents serving as independent contractors in
the role of City or officials. Any insurance or self-
insurance maintained by City, its officers, officials,
employees, designated volunteers or agents serving as
independent contractors in the role of City officials shall be
excess of Consultant’s insurance and shall not contribute
with it.
(3) Consultant’s insurance shall apply separately to each
insured against whom claim is made or suit is brought,
except with respect to the limits of the insurer’s liability.
(4) Contractor shall provide immediate written notice if (1) any
of the required insurance policies is terminated; (2) the
limits of any of the required polices are reduced; (3) or the
deductible or self insured retention is increased. In the
event of any cancellation or reduction in coverage or limits
of any insurance, Contractor shall forthwith obtain and
submit proof of substitute insurance. Should Contractor
fail to immediately procure other insurance, as specified, to
substitute for any canceled policy, the City may procure
such insurance at Contractor’s sole cost and expense.
(5) Each insurance policy, required by this clause shall
expressly waive the insurer’s right of subrogation against
City and its elected officials, officers, employees, servants,
attorneys, designated volunteers, and agents serving as
independent contractors in the role of City officials.
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(6) Each policy shall be issued by an insurance company
approved in writing by City, which is admitted and licensed
to do business in the State of California and which is rated
A:VII or better according to the most recent A.M. Best Co.
Rating Guide.
(7) Each policy shall specify that any failure to comply with
reporting or other provisions of the required policy, including
breaches of warranty, shall not affect the coverage required
to be provided.
(8) Each policy shall specify that any and all costs of adjusting
and/or defending any claim against any insured, including
court costs and attorneys' fees, shall be paid in addition to
and shall not deplete any policy limits.
(9) Contractor shall provide any and all other required insurance,
endorsements, or exclusions as required by the City in any
request for proposals applicable to this Agreement.
12.6 Evidence of coverage. Prior to commencing performance under this
Agreement, the Consultant shall furnish the City with certificates and original
endorsements, or copies of each required policy, effecting and evidencing the insurance
coverage required by this Agreement including (1) Additional Insured Endorsement(s),
(2) Worker’s Compensation waiver of subrogation endorsement, and (3) General liability
declarations or endorsement page listing all policy endorsements. The endorsements
shall be signed by a person authorized by the insurer(s) to bind coverage on its behalf.
All endorsements or policies shall be received and approved by the City before
Consultant commences performance. If performance of this Agreement shall extend
beyond one year, Consultant shall provide City with the required policies or
endorsements evidencing renewal of the required policies of insurance prior to the
expiration of any required policies of insurance.
12.7 Contractor agrees to include in all contracts with all subcontractors
performing work pursuant to this Agreement, the same requirements and provisions of
this Agreement including the indemnity and insurance requirements to the extent they
apply to the scope of any such subcontractor’s work. Contractor shall require its
subcontractors to be bound to Contractor and City in the same manner and to the same
extent as Contractor is bound to City pursuant to this Agreement, and to require each of
its subcontractors to include these same provisions in its contract with any sub-
subcontractor.
13. Cooperation. In the event any claim or action is brought against City
relating to Consultant’s performance or services rendered under this Agreement,
Consultant shall render any reasonable assistance and cooperation that City might
require. City shall compensate Consultant for any litigation support services in an
amount to be agreed upon by the parties.
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14. Termination. City shall have the right to terminate this Agreement at any
time for any or no reason on not less than ten (10) days prior written notice to
Consultant. In the event City exercises its right to terminate this Agreement, City shall
pay Consultant for any services satisfactorily rendered prior to the effective date of the
termination, provided Consultant is not then in breach of this Agreement. Consultant
shall have no other claim against City by reason of such termination, including any claim
for compensation. City may terminate for cause following a default remaining uncured
more than five (5) business days after service of a notice to cure on the breaching party.
Consultant may terminate this Agreement for cause upon giving the City ten (10)
business days prior written notice for any of the following: (1) uncured breach by the
City of any material term of this Agreement, including but not limited to Payment
Terms; (2) material changes in the conditions under which this Agreement was entered
into, coupled with the failure of the parties to reach accord on the fees and charges for
any Additional Services required because of such changes.
15. Notices. Any notices, bills, invoices, or reports authorized or required by
this Agreement shall be in writing and shall be deemed received on (a) the day of
delivery if delivered by hand or overnight courier service during Consultant’s and City’s
regular business hours; or (b) on the third business day following deposit in the United
States mail, postage prepaid, to the addresses set forth in this Section, or to such other
addresses as the parties may, from time to time, designate in writing pursuant to the
provisions of this Section.
All notices shall be addressed as follows:
If to City: Matt Burris, Deputy City Manager Economic and
Community Development
10500 Civic Center Dr.
Rancho Cucamonga, CA 91730
If to Consultant: Diane Trujillo, MPA, Director Sponsored Programs
Administration
Academic Reseach/AR-111E
University Enterprises Corporation CSUSB
5500 University Parkway, San Bernardino, CA
92407
16. Non-Discrimination and Equal Employment Opportunity. In the
performance of this Agreement, Consultant shall not discriminate against any employee,
subcontractor, or applicant for employment because of race, color, creed, religion, sex,
marital status, national origin, ancestry, age, physical or mental handicap, medical
condition, or sexual orientation. Consultant will take affirmative action to ensure that
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subcontractors and applicants are employed, and that employees are treated during
employment, without regard to their race, color, creed, religion, sex, marital status,
national origin, ancestry, age, physical or mental handicap, medical condition, or sexual
orientation.
17. Assignment and Subcontracting. Consultant shall not assign or transfer
any interest in this Agreement or subcontract the performance of any of Consultant’s
obligations hereunder without City’s prior written consent. Except as provided herein,
any attempt by Consultant to so assign, transfer, or subcontract any rights, duties, or
obligations arising hereunder shall be null, void and of no effect.
18 Compliance with Laws. Consultant shall comply with all applicable
federal, state and local laws, ordinances, codes and regulations in force at the time
Consultant performs the Services. CONSULTANT is aware of the requirements of
California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code
of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require
the payment of prevailing wage rates and the performance of other requirements on
“public works” and “maintenance” projects. If the Services are being performed as part
of an applicable “public works” or “maintenance” project, as defined by the Prevailing
Wage Laws, and if the total compensation is $1,000 or more, CONSULTANT agrees to
fully comply with such Prevailing Wage Laws. The applicable prevailing wage rate
determinations can be found at http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm
CONSULTANT shall make copies of the prevailing rates of per diem wages for each
craft, classification or type of worker needed to execute the Services available to
interested parties upon request, and shall post copies at the Consultant’s principal place of
business and at the Project site. CONSULTANT shall defend, indemnify and hold the
City, its elected officials, officers, employees and agents free and harmless from any
claim or liability arising out of any failure or alleged failure to comply with the
Prevailing Wage Laws.
19. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of
any one or more of the conditions of performance under this Agreement shall not be a
waiver of any other condition of performance under this Agreement. In no event shall the
making by City of any payment to Consultant constitute or be construed as a waiver by
City of any breach of covenant, or any default which may then exist on the part of
Consultant, and the making of any such payment by City shall in no way impair or
prejudice any right or remedy available to City with regard to such breach or default.
20. Attorney’s Fees. In the event that either party to this Agreement shall
commence any legal action or proceeding to enforce or interpret the provisions of this
Agreement, the prevailing party in such action or proceeding shall be entitled to recover
its costs of suit, including reasonable attorney’s fees and costs of experts.
21. Exhibits; Precedence. All documents referenced as exhibits in this
Agreement are hereby incorporated in this Agreement. In the event of any material
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discrepancy between the express provisions of this Agreement and the provisions of any
document incorporated herein by reference, the provisions of this Agreement shall
prevail.
22. Applicable Law and Venue. The validity, interpretation, and
performance of this Agreement shall be controlled by and construed under the laws of the
State of California. Venue for any action relating to this Agreement shall be in the San
Bernardino County Superior Court.
23. Construction. In the event of any asserted ambiguity in, or dispute
regarding the interpretation of any matter herein, the interpretation of this Agreement
shall not be resolved by any rules of interpretation providing for interpretation against the
party who causes the uncertainty to exist or against the party who drafted the Agreement
or who drafted that portion of the Agreement.
24. Entire Agreement. This Agreement consists of this document, and any
other documents, attachments and/or exhibits referenced herein and attached hereto, each
of which is incorporated herein by such reference, and the same represents the entire and
integrated agreement between Consultant and City. This Agreement supersedes all prior
oral or written negotiations, representations or agreements. This Agreement may not be
amended, nor any provision or breach hereof waived, except in a writing signed by the
parties which expressly refers to this Agreement.
IN WITNESS WHEREOF, the parties, through their respective authorized
representatives, have executed this Agreement as of the date first written above.
Consultant Name: Diane Trujillo, MPA
By: ______________________________
Name Date
______________________________
Title
City of Rancho Cucamonga
By:________________________________
Name Date
_________________________________
Title
By: ______________________________
Name Date
______________________________
Title
City of Rancho Cucamonga
By:________________________________
Name Date
_________________________________
Title
(two signatures required if corporation)
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EXHIBIT A
SCOPE OF SERVICES
See Next Page
[Intentinaly left blank]
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EXHIBIT B
SCHEDULE OF PERFORMANCE
N/A
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Attachment A – Sample Waiver of Subrogation
(Sample Only – Not all forms will look identical to this Sample)
The City of Rancho Cucamonga, its officers, officials, employees, designated
volunteers and agents serving as independent contractors in the role of City or
officials.
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Attachment B – Sample Additional Insured for On-going Projects
The City of Rancho Cucamonga, its
officers, officials, employees, designated
volunteers and agents serving as
independent contractors in the role of City
or officials.
Page 49
EXHIBIT A
SCOPE OF SERVICES – December 13, 2021
City of Rancho Cucamonga
AND
UNIVERSITY ENTERPRISES CORPORATION AT CSUSB (UEC) for itself and on behalf of INLAND
EMPIRE SMALL BUSINESS DEVELOPMENT CENTER (IESBDC)
2022
CONSULTING SERVICES
The Consultant will provide professional consulting services and deliver advice,
assistance, and guidance relative to business-related issues at no charge to
businesses. Consulting services will be conducted at the Rancho Cucamonga
Chamber of Commerce or at the clients’ existing commercial business location. For
clients who, for health or other reasons, would prefer an alternative to in-person
consulting sessions, both phone and online Zoom meetings will also be offered
Consultant will provide advice and assistance on a variety of business topics including,
but not limited to:
•Business Plan Development
•Start-up Requirements
•Business Management
•Expansion Strategies
•Marketing / Advertising
•Accounting / Bookkeeping
•Financial Analysis
•Human Resources Management
•Home-Based Businesses
•Government Procurement
•Funding Sources
•Resource Referrals
•Patents, Trademarks, Copyrights
•Loan Applications
•Buying and Selling a Business
•Franchising
•Social Media / Internet Marketing
SEMINARS
City will provide Consultant with a location within the city limits to conduct seminars.
Consultant will conduct a minimum of two hours per month of business seminars at the
City’s designated site. Consultant will provide these seminars (at no additional cost to
the City or seminar attendees) on the topics mentioned in this section under Consulting
Services, or on other topics relative to start-up or existing businesses. Seminar topics
will be discussed and agreed upon by the City and Consultant prior to seminar
scheduling.
Attachment 2
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MARKETING
Consultant will be responsible for marketing the consulting services and seminars to the
business community by means of fliers, press releases, and presentations to business
groups. All seminars will be listed on the SBDC website and submitted to the local SBA
District Office for inclusion in their online monthly marketing calendar. The program is
also to be marketed through the Rancho Cucamonga Chamber of Commerce, including
the Business Connection Network. Consultant will be responsible for designing
marketing materials and paying for printing costs. City will actively assist Consultant in
the marketing and promotion. Consultant and City will explore ways to further outreach
to underserved business groups.
PERFORMANCE MEASURES
The performance measures for the Consultant in providing business consulting services
and seminars to clients are (on an annual basis):
Total Clients Assisted (one-on-one) 80
Number of Specialty Workshops 6
Number of Start-Up Workshops 6
Number of Attendees at Workshops (average) 15
ACTIVITY REPORTS
Consultant will provide quarterly reports of activities, including:
Number of consultations
Number of businesses served
Number of hours spent assisting businesses
Type of assistance provided (i.e. marketing, social media, funding, licensing)
Type of businesses (i.e. retail, service, construction, wholesale, manufacturing)
Economic Impact achieved with businesses
Product / Service offerings of businesses
Status of businesses (start-up or existing)
Number of seminars presented and number of attendees
Referral source of new clients
Quarterly reports will be submitted covering the previous quarter’s activities.
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COMPENSATION
The City of Rancho Cucamonga will provide IESBDC with $25,000 in cash match to
support a small business technical assistance and training program for the 2022
contract Year.
The City of Rancho Cucamonga will pay the IESBDC in two payments for the cash
match amount.
Invoice January 2022 - $12,500 and December 2022 - $12,500
Page 52
DATE:January 5, 2022
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY:Matthew R. Burris, AICP, Deputy City Manager
Lori Sassoon, Deputy City Manager
Jennifer Nakamura, Management Analyst II
SUBJECT:Consideration of Second Reading and Adoption of the Following:
ORDINANCE NO. 991
AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, ADDING CHAPTER 3.76 TO THE RANCHO
CUCAMONGA MUNICIPAL CODE TO ESTABLISH AN AFFORDABLE
HOUSING DEVELOPMENT IMPACT FEE
RECOMMENDATION:
Staff recommends that the City Council waive full reading and adopt Ordinance No. 991.
BACKGROUND:
The introduction and first reading of the above-entitled Ordinances was conducted at the Regular
Council meeting of November 17, 2021.
Votes at first reading: AYES: Scott, Hutchison, Kennedy, Michael, Spagnolo. ABSENT: None
ANALYSIS:
Please refer to the December 15, 2021 City Council Staff Report.
FISCAL IMPACT:
Please refer to the December 15, 2021 City Council Staff Report.
COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:
Please refer to the December 15, 2021 City Council Staff Report.
ATTACHMENTS:
Attachment 1 – Ordinance No. 991
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Ordinance No. 991 – Page 1 of 6
ORDINANCE NO. 991
AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, ADDING CHAPTER 3.76 TO THE RANCHO
CUCAMONGA MUNICIPAL CODE TO ESTABLISH AN AFFORDABLE
HOUSING DEVELOPMENT IMPACT FEE
A.RECITALS
1.There is a shortage of affordable housing in the City of Rancho Cucamonga, as evidenced in
the City's Housing Element.
2.New non-residential (e.g. retail/commercial, office, industrial, warehouse, and research and
development) development creates a variety of new jobs with varied degrees of compensation for
workers in such developments.
3.The addition of new workers in these new non-residential developments generates housing
demand for households at extremely low, very low, low, and moderate incomes.
4.Due to housing and market conditions, new market-rate development projects in the City have
provided a disproportionate quantity of housing units that are not affordable to all income groups,
creating an unbalanced housing stock.
5.There is a low vacancy rate for housing affordable to persons of extremely low, very low, low,
and moderate income households.
6.Rancho Cucamonga has one of the least affordable real estate markets in San Bernardino
County.
7.Due to these factors, workers of extremely low, very low, low, and moderate income are
experiencing increasing difficulty in locating and maintaining adequate, safe, and sanitary
affordable housing within or near the City.
8.The failure to provide adequate affordable housing for lower-wage workers can force these
workers to live in less than adequate housing within the City, pay a significantly disproportionate
share of their incomes to live in adequate housing within the City, or commute ever-increasing
distances to their jobs from housing located outside the City.
9.The lack of affordable housing has detrimental impacts on traffic, transit, and related air quality
impacts and the demands placed on the regional transportation infrastructure.
10.Non-residential uses in the City benefit from the availability of housing close to their employees.
11.The City has commissioned the preparation of a Non-Residential Linkage Fee Nexus Study,
prepared by Keyser Marston Associates, Inc., dated October 5, 2021 ("Nexus Study"), to analyze
the relationship between non-residential development, job creation, and the demand for affordable
housing, in compliance with the Mitigation Fee Act (California Government Code Sections 66000
et seq.).
12.According to the Nexus Study (pgs. 10-25), a nexus exists between the addition of new non-
residential development and the jobs/new workers that this development creates, and the workers'
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Ordinance No. 991 – Page 2 of 6
need for additional housing in proximity to the jobs, a portion of which must be affordable to low-
income workers.
13. More specifically, the Nexus Study documents the linkage between new and expanded non-
residential development, the net number of new employees and employee households generated
by businesses occupying these land use buildings, and the housing demands of these households.
14. As discussed in detail in the Nexus Study, new housing affordable to persons identified in the
Nexus Study is not now being added to the supply in sufficient quantity to meet the needs of the
new employee households associated with new or expanded non-residential development.
15. The Nexus Study quantifies the cost mitigation associated with developing affordable housing
units based on the identified need resulting from employees generated by new non-residential
development.
16. The City Council is imposing the fee established by this Ordinance in order to partially close this
gap by using the fee to help finance additional affordable housing stock.
17. The Rancho Cucamonga Municipal Code does not currently establish an adequate mechanism
to account for the impact that non-residential development has on increasing the need for
affordable housing.
18. Requiring non-residential developers to assist in the production of affordable housing is also
consistent with the City's long-standing commitment to achieve and maintain a suitable living
environment, including housing for all economic levels.
20. This municipal commitment conforms with State and Federal policies and is an important goal
of the City's draft Housing Element, which is expected to be adopted in the coming months.
21. Program HE-12 of the City's draft 2021-2029 Housing Element states: “The City has seen a
significant increase in non-residential development in recent years, resulting in job increases in
multiple business sectors and an increased associated need for affordable housing. To mitigate
the impact of newly generated jobs on the local housing market, the City will explore a linkage fee
for non-residential development.”
22. This fee program will benefit the City as a whole since each development which contributes to
affordable housing through the payment of this fee assists in augmenting the City's housing mix,
helps to increase the supply of housing for all economic segments of the community, and addresses
the affordable housing need generated by the development, thereby supporting a balanced
community which is beneficial to the public health, safety, and welfare of the City.
23. The City wishes to impose an affordable housing development impact fee on non-
residential development, and to deposit such fees into a newly-established and stand-alone
fund to partially fund development of affordable housing in the City.
24. All prerequisites necessary to the adoption of this ordinance have occurred, including the
noticing procedures outlined in the Mitigation Fee Act.
B. ORDINANCE
The City Council of the City of Rancho Cucamonga does ordain as follows:
Section 1. Findings
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Ordinance No. 991 – Page 3 of 6
A. The provision of safe and stable housing for households at all income levels is
essential for the public welfare of the City of Rancho Cucamonga. Housing in the City has become
steadily more expensive and housing costs have gone up faster than incomes. Federal and state
government programs do not provide enough affordable housing to satisfy the needs of very low,
low, or moderate income households. As a result, there is a severe shortage of adequate, affordable-
housing for very low, lower, and moderate income households, as evidenced by the following findings
in the City's draft 2021-2029 Housing Element:
1. The City had a regional housing need between 2013 and 2021 to construct 209
very low income units, 141 low income units and 158 moderate income units. According to the 2020
Housing Element Annual Progress Report, between 2013 and 2020, 18 very low income units, 11
low income units and 171 moderate income units were permitted. Less than 40 percent of the very
low, low and moderate allocated units were permitted during the current housing cycle period.
2. The City has a regional housing need between 2021 and 2029 to construct 3,245
extremely low/very low income units, 1,920 low income units, and 2,031 moderate income units (Draft
Housing Element 2021-2029, Table HE-47, Page 72). According to the draft Housing Element, after
accounting for potential future Accessory Dwelling Units, the City still needs to construct 3,209 extremely
low/very low income units and 1,864 low income units. Therefore, the City's current policies have not
been sufficient to generate enough new housing affordable to Extremely Low Income, Very Low
Income, and Low Income households.
B. The City Council finds that there is a dire need for housing to accommodate the significant
workforce increase caused by non-residential development in recent years. Such job increases in
multiple business sectors is correlated with an increased associated need for affordable housing. To
mitigate the impact of newly generated jobs on the local housing market, the City Council finds that there
is a need for non-residential development to support the resulting workforce’s affordable housing
demand.
Section 2. A new Chapter 3.76 entitled “Affordable Housing Linkage Fee” is hereby added
to Title 3 (“Revenue and Finance”) of the Rancho Cucamonga Municipal Code to read as follows:
Chapter 3.76 AFFORDABLE HOUSING DEVELOPMENT IMPACT FEE
3.76.010 Purpose and Intent.
3.76.020 Definitions.
3.76.030 Affordable Housing Development Impact Fee.
3.76.040 Adjustments or Waivers.
3.76.050 Conversion.
3.76.060 Use of Funds.
3.76.010 Purpose and Intent.
A. The purpose of this chapter is to facilitate the development and availability of housing
affordable to a range of households with varying income levels within the city through creation and
imposition of a fee on new non-residential development, which will partially fund the need for affordable
housing created by the workforce of new development.
B. The requirements of this chapter are based on a number of factors including, but not
limited to, the city's long-standing commitment to increasing opportunities for affordable housing; the
immediate need for affordable housing, as reflected in local, state, and federal housing regulations and
policies; the demand for affordable housing created by non-residential development; and the impact that
the lack of affordable housing production has on the health, safety, and welfare of the city's residents
including its impacts on traffic, transit and related air quality impacts, and the demands placed on the
regional transportation infrastructure. Imposing a fee that is reasonably related to the burdens created
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Ordinance No. 991 – Page 4 of 6
by new non-residential development on the city's need for affordable housing will enable the city to fund
development of affordable housing units that will contribute to addressing these impacts and fulfilling
these goals.
C. It is the intent of the city council that the fee required by this chapter shall be
supplementary to any conditions imposed upon a development project pursuant to other provisions of
this code, the Subdivision Map Act, the California Environmental Quality Act, and other state and local
laws, which may authorize the imposition of project-specific conditions on development.
3.76.020 Definitions.
For the purpose of this chapter, the following words, terms, and phrases shall be defined as set forth
below:
"Affordable housing development impact fee" means the fee paid by a developer of a non-residential
development project to mitigate the impacts that such a project has on the demand for affordable
housing in the city.
"Affordable housing development impact fund" means a fund or account designated by the city to
maintain and account for all monies received pursuant to this chapter.
"Non-residential development project" means the construction or the addition of new non-residential
gross floor area, or the conversion from a use exempt from the affordable housing development impact
fee to a use subject to the affordable housing development impact fee. Non-residential development
includes retail/commercial, office, industrial, warehouse, and research and development uses.
"Community land uses which serve the public" means uses that include, but are not limited to,
hospitals, places of worship, museums, educational facilities (public K-12 schools, community
colleges, and colleges and universities), youth and recreational facilities, retirement or rest homes,
emergency shelters, and other such institutional uses which serve the public, as determined by the
director.
"Developer" means any person, firm, partnership, association, joint venture, corporation, or any entity
or combination of entities, which seeks or applies for city approvals, permits or entitlements for all or
part of a non-residential development project.
"Director” shall mean the engineering services director.
"Gross floor area" shall have the same meaning as set forth in section 17.126.020 ("Floor area, gross").
"Mixed-use development" shall have the same meaning as that set forth in section 17.126.020
(“Development, mixed use”).
3.76.030 Affordable Housing Development Impact Fee.
A. Requirement. An affordable housing development impact fee is hereby imposed on all
non-residential development projects, except those exempt projects identified below. No application for
a building permit for a non-residential development project shall be approved, nor shall any such non-
residential development project be constructed, without first complying with this chapter. The fee imposed
by this chapter shall be paid by each developer no sooner than issuance of a building permit and no later
than issuance of a certificate of occupancy for the structure. No certificate of occupancy shall be issued
for a non-residential development project that has not paid the fee required under this chapter. The
amount of the fee shall be calculated at the time the fee is paid, based upon the rate then in effect.
B. Exemptions. Notwithstanding subsection A above, this chapter shall not apply to the
following:
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Ordinance No. 991 – Page 5 of 6
1. Any non-residential development project with a gross floor area of 10,000 square
feet or less;
2. Community land uses which serve the public, as defined by this ordinance;
3. Reconstruction of any building that was destroyed by fire, flood, earthquake or
other act of nature, so long as the square footage does not exceed the square footage before the loss;
4. The residential portion of a mixed-use development project;
5. Utility, transportation, public facility, and communication uses;
6. Any non-residential development project developed by a public agency;
7. The non-residential area of any mixed-use project that includes at least 5% of the
total number of residential units reserved for extremely low/very low or low income households. The
applicant shall enter into a regulatory agreement with the city to preserve the units at such income levels
for at least 45 years. The agreement shall be recorded as a deed restriction against the property.
C. Calculation of the fee. The affordable housing development impact fee shall be charged
on new gross floor area, subject to section 3.76.050. The amount of the fee shall be established by
resolution of the city council.
3.76.040 Adjustments or Waivers.
A. The requirements of this chapter may be adjusted or waived by the City Council if the
developer demonstrates that an insufficient nexus exists between the proposed use and the affordable
housing development impact fee. The developer shall submit documentation demonstrating this with a
request for an adjustment or waiver in writing to the director no later than ten days prior to the public
hearing on the development permit application for the project or, if no development permit is required, at
the time of the filing of the request for a building permit. The developer shall provide such additional
information as may be required by the director to process the request for consideration by the City
Council.
B. The requirements of this chapter may be adjusted or waived by the City Council if the
developer demonstrates that applying this chapter would constitute a taking of property without just
compensation in violation of the United States and/or California Constitutions. The developer shall submit
a request for an adjustment or waiver in writing to the director no later than ten days prior to the public
hearing on the development permit application for the project or, if no development permit is required, at
the time of the filing of the request for a building permit than the date it files its initial development
application with the city. The developer shall provide such additional information as may be required by
the director to process the request for consideration by the City Council.
3.76.050 Conversion.
If a development is exempt from the fee at initial construction, but later converts to a non-residential
development project subject to the fee, the converted square footage will be deemed new gross
floor area and the affordable housing development impact fee shall be paid pursuant to section
3.76.030. The amount of the fee shall be calculated at the time the fee is paid, based upon the rate then
in effect.
3.76.060 Use of Funds.
All funds derived from this chapter shall be placed in a separate and distinct affordable housing
development impact fund and used solely to increase the supply of housing affordable to extremely
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Ordinance No. 991 – Page 6 of 6
low, very low, low and moderate income households, the demand for which is created by the
development of new non-residential development in the city.
Section 3. This ordinance and the affordable housing development impact fee shall apply
to all non-residential development projects except those that have received all required discretionary
entitlements prior to the effective date of this ordinance.
Section 4. 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.
Section 5. The City Clerk shall certify to the adoption of this Ordinance and shall cause the
same to be published in the manner prescribed by law.
PASSED, APPROVED, AND ADOPTED this _____ day of ______________ 2021.
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 __ day of ___________
2021, by the following vote-to-wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ATTEST:
City Clerk of the City of Rancho Cucamonga
Page 59
DATE:January 5, 2022
TO:Mayor and Members of the City Council and Board of Directors President
and Members of the Rancho Cucamonga Fire Protection District Boards
of Directors
FROM:John R. Gillison, City Manager
INITIATED BY:Sean McPherson, AICP, Senior Planner
SUBJECT:Public Hearing to Consider First Reading of City Council Ordinance No.
992, to Approve Prezoning (DRC2020-00186), Consent to a Proposed
Annexation, and Adopt an Associated Plan for Service (DRC2020-
00185), and City Council Ordinance No. 993 to Approve Development
Agreement (DRC2021-00175), Each to be Read by Title Only and Waive
Further Reading, to Consider City Council Resolutions to Adopt General
Plan Amendment (DRC2020-00184), Tentative Parcel Map
(SUBTPM20251), Design Review (DRC2020-00177), Conditional Use
Permit (DRC2021-00317), Uniform Sign Program (DRC2020-00178), and
Certification of Environmental Impact Report, Make Findings Pursuant to
the Environmental Quality Act, and Adopt a Mitigation Monitoring and
Reporting Program (SCH No. 2020090076) to Allow for the Development
of Two Industrial Warehouse Buildings totaling approximately 655,878
square feet on an approximate 35-acre project site Located
Approximately 650 East of Etiwanda Avenue, North of Napa Street;
APNS: 0229-291-23, -46, and -54. The Rancho Cucamonga Fire
Protection District Will Also Consider a Resolution to Consent to the
Proposed Annexation and Adoption of a Plan (DRC2020-00185) for the
Same Project. (RESOLUTION NOS. 2022-001, 2022-002, 2022-003,
2022-004 & 2022-005, 2022-006 AND FD2022-001) (ORDINANCE NOS.
992 & 993) (CITY/FIRE)
RECOMMENDATION:
Staff recommends the City Council certify the Environmental Impact Report, make findings
pursuant to the California Environmental Quality Act, adopt a mitigation monitoring and reporting
program, and approve General Plan Amendment (DRC2020-00184), Consent to a Proposed
Annexation, and Adopt an Associated Plan for Service (DRC2020-00185), Prezoning (DRC2020-
00186), Tentative Parcel Map (SUBTPM20251), Design Review (DRC2020-00177), Conditional
Use Permit (DRC2021-00317), Uniform Sign Program (DRC2020-00178) and Development
Agreement (DRC2021-00175) through the adoption of the attached Ordinances and Resolutions,
and recommend that the Fire Protection District Board of Directors consent to the annexation as
described in this report and adopt a plan of service for the annexed land.
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BACKGROUND:
The project area, located approximately 650 foot east of Etiwanda Avenue, north of Napa Street,
comprises two parcels which total approximately 35 acres: APN: 0229-291-54 which totals
approximately 32.83 acres and is located within the City of Rancho Cucamonga; and APN: 0229-
291-46 which totals approximately 2.9 acres and is located within unincorporated San Bernardino
County and the City of Fontana’s Sphere of Influence (SOI). A 0.69-acre portion of a third parcel,
identified as APN: 0229-291-23, also located within unincorporated San Bernardino County and
the City of Fontana’s SOI, is located at the northeast corner of the intersection of Etiwanda Avenue
and Napa Street. Staff notes that APN: 0229-291-46 and the above referenced portion of APN:
0229-291-23 are proposed to be annexed into the City as part of the subject development
application. To be sure, the San Bernardino County Local Agency Formation Commission
(LAFCO) approves annexations and the applicant is expected to process the annexation through
LAFCO once the project entitlements are acted upon by the City. However, the City must consent
to the annexation. Reference “Figure 1: Proposed Annexation Map” below which illustrates the
location of these various parcels.
Figure 1: Proposed Annexation Map
Generally, the project area is vacant, with the exception of an existing rail spur running in a north-
south orientation roughly bisecting the site which serves properties to the south, and existing
Southern California Edison (SCE) overhead powerlines traversing the site in an east-west
orientation. The existing rail spur is proposed to remain; however, the existing overhead SCE
powerlines are proposed to be relocated along Napa Street within the eastern half of the site in
order to accommodate the proposed project. The proposed project includes the construction of
one new north-south street which will be located along the westerly property line of the project
area and will be designed to eventually connect to a future east-west street located immediately
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south of the Metrolink railway and parallel to Napa Street. City staff proposes that this new north-
south street be named Via Maris Place. The applicant and City have also negotiated a
development agreement as part of the project which includes a variety of provisions intended to
off-set any adverse impacts the project may cause that are not otherwise mitigated through
CEQA.
After the applicant submitted their application, but before it was deemed complete, the City
Council enacted a moratorium on November 4, 2020 to prohibit certain industrial uses while the
City updated its code standards in response to rising interest and significant demand for the
development of new industrial uses and the redevelopment of legacy uses largely located within
the Southeast Industrial Quadrant (SEIQ), an area of the City bounded by Arrow Route to the
north, 4th Street to the south, I-15 Freeway to the west, and the City’s jurisdictional limit line to the
east. Following the expiration of the moratorium on June 30, 2021, the City Council adopted
Ordinance 982 on July 7, 2021 which established new development standards for industrial
projects throughout the City in response to this demand in industrial development. Notably, the
applications for the subject project (except for the use permit), which had been deemed complete
prior to the effective date of Ordinance 982, were exempt from the new requirements of Ordinance
982. Except for the CUP application, the subject development applications had been deemed
complete on January 7, 2021, which is prior to the adoption of Ordinance 982. Pursuant to
Development Code Section 17.02.020F.1, “all land use permit applications that are active and
that have been determined by the planning director to be complete before the effective date of
this title, or any amendments thereto, will be processed according to the regulations in effect when
the application was deemed complete.” Thus, as the subject applications (except for the use
permit) were deemed complete prior to the adoption of Ordinance 982, it has been analyzed
against standards in effect prior to the adoption of Ordinance 982.
On December 8, 2021, the Planning Commission voted unanimously to recommend that the City
Council approve the subject project, certify the subject EIR, and adopt the corresponding
mitigation monitoring and reporting program.
For a full description of the project background and analysis, including but not limited to
architecture and the project’s compliance with relevant development standards, please refer to
the December 8, 2021 Planning Commission staff report which is included with this staff report
as Attachment 14.
ANALYSIS:
The applicant Kimley-Horn and Associates, on behalf of Hillwood Enterprises, L.P., proposes to
annex the portion of the project area currently located outside the City’s jurisdiction as described
above and subdivide the project area into two new parcels, Parcel I and Parcel II, to accommodate
the development of two new industrial warehouse buildings: Building A, located on the proposed
Parcel I, totals approximately 500,648 square feet; and Building B, located on the proposed Parcel
II, totals approximately 155,230 square feet. Each building includes approximately 10,000 square
feet of office area. Building A, as proposed, will have a maximum height of approximately 58.5
feet and Building B, as proposed will have a maximum height of 46 feet. Access to the proposed
project is primarily off Napa Street. However, the new north-south road, Via Maris Place, is also
proposed to be constructed along the westerly boundary of the project area and will provide
access to Parcel II.
Staff notes that the applicant has also proposed an “Alternate Site Plan,” which proposes only
one industrial warehouse building (Building A), totaling 500,648 square feet. In this alternate
version of the project, Building A would be occupied by a potential “E-Commerce” user and
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Building B is replaced with a surface level parking lot providing 849 parking stalls. Staff notes that
as of the writing of the report, the City Council is acting upon the design of the two-building project,
which was the “project” for purposes of analysis in the EIR, and the developer has submitted plans
for building permit plan check for the two-building iteration of the project and this is the project
before the City Council for consideration. Despite this, the environmental impact report prepared
for the project included a separate analysis of the Alternate Site plan.
Entitlements Required for Proposed Development: The project requires a General Plan
Amendment, a Zoning Map Amendment, an Annexation by LAFCO, Prezoning, Tentative Parcel
Map, Design Review, Conditional Use Permit, and Uniform Sign Program. Further, the applicant
proposes to enter into a Development Agreement with the City. Pursuant to Municipal Code
Section 17.14.060.B, “when a proposed project requires more than one permit with more than
one approving authority, all project permits shall be processed concurrently, and final action
shall be taken by the highest-level designated approving authority for all such requested
permits.” The City Council is the highest-level approving authority because it must consider the
Prezoning, General Plan Amendment and Development Agreement.
General Plan Amendment (DRC2020-00184): At the time that the Planning Commission reviewed
the project on December 8, 2021, the general plan land use designation for the portion of the
project area located within the City (APN:0229-291-54) was split between Heavy Industrial (HI)
and Flood Control Utility Corridor (FC/UC) with a “floating park designation as this parcel was at
one time considered a potential location for a recreational facility pursuant to the 2010 General
Plan. On December 15, 2021, following the Planning Commission’s review of the subject
application, the City Council adopted the “PlanRC” General Plan. As it relates to the subject
development application, the PlanRC General Plan eliminated the floating park designation and
also reclassified the portion of the project area designated as Flood Control/Utility Corridor thus
eliminating the need for the applicant to request these actions. Further, the PlanRC general Plan
also renamed the previous “Heavy Industrial” land use designation to “Industrial Employment
District.” Despite this, a General Plan Amendment is still required for the project as the parcels
which are to be annexed into the City are proposed to be assigned a land use designation of
Industrial Employment District in order to be consistent with similarly situated parcels within the
vicinity. Staff notes that all relevant documents, exhibits and resolutions relative to the proposed
General Plan Amendment have been updated to reflect these new land use designations. A
supplemental analysis of the City Council’s adoption of the PlanRC General Plan Update has
been included in this project’s Final EIR appendix and demonstrates that no changes to the EIR’s
conclusions occurred as a result of the General Plan Update.
Annexation (DRC2020-00185): The proposed annexation to be applied for by the applicant with
LAFCO will amend the boundaries of the City of Rancho Cucamonga, as well as unincorporated
San Bernardino County and the City of Fontana’s SOI by increasing the area of Rancho
Cucamonga by approximately 4.8 acres as measured from the centerline of Napa Street while
reducing the size of the City of Fontana’s Sphere of Influence (SOI) by an equal amount.
Specifically, the applicant proposes to annex a 2.9-acre parcel identified as APN: 0229-291-46
into the City as part of the project to be used as parking, landscaped areas, and entrance to the
proposed project. The annexation also includes a portion of another parcel, APN: 0229-291-23,
which is not part of the project and which is not proposed to be developed. The portion of
APN:0229-291-23 to be annexed comprises 0.69 acres of land located north of Napa Street and
east of Etiwanda Avenue and is proposed to be annexed in order to create a logical jurisdictional
boundary along the centerline of Napa Street from San Sevaine Channel to Etiwanda Avenue.
The remaining 1.21 acres falls within Napa Street. The proposed annexation and change in
jurisdictional boundaries, including Sphere of Influence boundaries, will require approval by San
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Bernardino LAFCO. Both the City and Fire Protection District must consent to this annexation
and adopt plans for service for the annexed land.
Prezoning (DRC2020-00186): Related to the proposed annexation, the project also requires
Prezoning pursuant to Development Code Section 17.22.050. APN:0229-291-46 is currently
assigned a zoning classification of Regional Industrial (I-R) by San Bernardino County, and
General Industrial (M-2) by the City of Fontana. Further, the 0.69-acre portion of parcel APN:0229-
291-23 is currently assigned a zoning classification of Regional Industrial (I-R) by San Bernardino
County, and Public Utility (P-UC) by the City of Fontana. Approving the Prezoning application will
change the zoning designation of these areas to Industrial Employment (IE) Zoning District upon
approval of the annexation.
Tentative Parcel Map (SUBTPM20251): As mentioned, the project includes a request to approve
a Tentative Parcel Map to consolidate the two existing parcels within the project area and
subdivide them into two new parcels, Parcel I and Parcel II. Parcel I proposes an area of
approximately 26.73 acres with street frontage along Napa Street and Parcel II proposes an area
of approximately 8.67 acres with street frontage along Napa Street and the new Via Maris Place.
Staff has reviewed the Tentative Parcel Map and has determined that it complies with the relevant
development standards, subject to certain conditions of approval.
Conditional Use Permit (DRC2021-00317): While the other entitlements are exempt from
Ordinance 982, these applications did not address the potential uses/tenants for the project
because the project is being built on a speculative basis. Therefore, no pending use permit
application was deemed complete prior to the effective date of Ordinance 982, and future uses
by tenants who occupy the building will be subject to new standards under Ordinance 982. Thus,
the applicant is requesting the review and approval of a Conditional Use Permit subject to
Development Code Section Table 17.30.030-1 to permit the following uses on the site: Storage
Warehouse, Large – Light Manufacturing, and a Large Distribution and Fulfillment Center.
Uniform Sign Program: The applicant has informed staff that the proposed project may
accommodate up to four tenants. Development Code Section 17.16.060 provides that “…a
uniform sign program shall be required for all new multi-tenant shipping center, office parks, and
other multi-tenant, mixed-use or otherwise integrated developments of three of more separate
tenants/uses that share buildings, public spaces, landscape and/or parking facilities.” Accordingly,
and as the development could permit up to four tenants up to four tenants, the applicant has
applied for a Uniform Sign Program.
Development Agreement (DRC2021-00175): The developer has proposed to enter into a
Development Agreement with the City. Pursuant to Development Code Section 17.22.060.A.1,
development agreements:
1. Increase the certainty in the approval of development projects, thereby preventing the
waste of resources, reducing the cost of development to the consumer, and encouraging
investment in and commitment to comprehensive planning, all leading to the maximum
efficient utilization of resources at the least economic cost to the public;
2. Provide assurance to the applicant for a development project that upon approval of the
project, the applicant may proceed with the project in accordance with existing policies,
rules and regulations, and subject to conditions of approval thereby strengthening the
public planning process, encouraging private participation in comprehensive planning,
and reducing the economic costs of development;
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3. Enable the City to plan for and finance public facilities, including but not limited to, streets,
sewerage, transportation, drinking water, school and utility facilities, thereby removing a
serious impediment to the development of new housing.
The proposed Development Agreement (hereafter referred to as the “Agreement”), includes, but
is not limited to, the following major terms which are summarized below:
The term of the development agreement would initially be six years, with an option for
the applicant to extend the term by nine years upon payment of $2 million.
A requirement for future tenants to designate Rancho Cucamonga as the point of sale
for the material handling equipment used in Project’s operations;
A requirement that the developer shall pay a “Community Benefit Fee,” in the amount of
$4,300,000 in order to address the Project’s expected impacts on affordable housing
demand, future greenhouse gas emissions, fire protection services, environmental
justice and related impacts typically associated with large warehouse development. The
applicant may receive a refund of up to 30% of the Community Benefit Fee in the event
the project generates $500,000 in sales tax for a period of 3 years provided that the
Developer can demonstrate that the tenant responsible for any 3 consecutive year
period has a lease covering the entire term of the Development Agreement;
A requirement that the developer complete certain traffic improvements and pay a “Fair
Share” contribution to the City’s Industrial Area Traffic Improvement Fund. The final
amount of the Fair Share contribution is being assessed as of the writing of this report
and will be determined prior to the City Council’s consideration of the project;
A requirement that the Developer may pay a fee totaling $1,400,000 in lieu of
undergrounding existing utilities on the site or along streets adjacent to the site;
A requirement that the developer will pay for, and construct to City standards, a new
public street along the west side of the project site, which will run north-south and
eventually connect to a future expanded roadway network throughout the SEIQ;
Design Review Committee: The Design Review Committee (Williams, Oaxaca and Smith),
reviewed the project on February 2, 2021. No members of the public attended the meeting to
speak on the item, and the Design Review Committee recommended that the item be forwarded
to the Planning Commission as presented.
Public Art: The project is subject to the public art requirement provided in Chapter 17.124 of the
Development Code. As an industrial development, this project would typically include artwork that
has a minimum value that meets or exceeds one dollar per square foot. While the valuation of
public art would be approximately $655,878 (as it is based on building square footage of the
project), staff notes that pursuant to the proposed development agreement, all but $100,000 of
this amount is proposed to be transferred to the proposed community benefit fee.
CEQA Determination: Pursuant to the California Environmental Act (CEQA), an Environmental
Impact Report (EIR) (SCH No. 2020090076), has been prepared for this project. Under CEQA,
the purpose of an EIR is to inform the public about any significant impacts to the physical
environment resulting from a project, identify ways to avoid or lessen the impacts, identify
alternatives, and promote public participation. The contents of the EIR become a planning tool for
the Planning Commission and City Council to use in determining the appropriate and best land
use for the project site.
The intent of this EIR is to address and evaluate potentially significant impacts of the proposed
project and identify feasible mitigation measures and alternatives that may be adopted to reduce
or eliminate these impacts. A summary of all of the project-related impacts and the recommended
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mitigation measures is provided in the Final EIR. The following summarizes key points in the
environmental review process:
Notice of Preparation and Public Scoping Meeting: The Notice of Preparation (NOP) serves as
public notification that an EIR is being prepared and requests comment and input from responsible
agencies and other interested parties regarding environmental issues to be addressed in the
document. In addition to the NOP, CEQA recommends conducting a scoping meeting for the
purpose of identifying the range of potential significant impacts that should be analyzed within the
scope of the Draft EIR. The public scoping meeting is to receive public testimony on those issues
that the public would like to have addressed in the EIR as it relates to the project and environment.
Accordingly, a notice advertising both the NOP and Public Scoping Meeting was prepared for the
project and circulated on September 3, 2020 to the State Clearinghouse (SCH No. 2020090076),
public agencies, Native American tribes, those interested parties who had previously requested
notification and all property owners within 660 feet of the subject site. The notice advertising the
NOP and the public scoping meeting was also published in the Inland Valley Daily Bulletin on
September 7, 2020 and made publicly available on the City’s website. The Public Scoping
Meeting was held virtually over Zoom on September 17, 2020. No members of the public or any
interested party provided comments at the Public Scoping Meeting. The public comment period
to respond to the NOP closed on October 3, 2020 and comment letters were received from the
Native American Heritage Commission, California Department of Fish and Wildlife, California
Department of Transportation, San Bernardino County Department of Public Works, Inland
Empire Biking Alliance, South Coast Air Quality Management District (SCAQMD), Cucamonga
Valley Water District (CVWD) and the Inland Empire Utilities Agency (IEUA). Written responses
to all significant environmental issues raised were prepared and made available in the Draft
Environmental Impact Report (DEIR).
AB 52 and SB 18 Compliance: Notification in accordance with AB 52 was sent on December 23,
2020 to tribal communities from a list of six tribes that have requested notification by the city.
Notification in accordance with SB 18 was sent out to thirteen tribal communities on August 24,
2020. In response to these notices, the San Manuel Band of Mission Indians (SMBMI) responded
with comments though they did not request consultation. Rather the SMBMI provided language
which they requested be made a part of the project mitigations. Accordingly, language from
SMBMI has been incorporated into the Mitigation Monitoring and Reporting Program (MMRP).
One other tribe (Gabrieleno Band of Mission Indians – Kizh Nation) held a phone consultation
with City staff in January 2021 at which point this tribe requested a tribal monitor be on site during
grading activities. Thus, the CEQA document prepared for the project reflects the requested
language/mitigation measures.
Draft EIR Preparation and Circulation: Following the NOP and Public Scoping Meeting, a DEIR
was prepared and was distributed to Responsible and Trustee agencies, and individuals who had
requested to review the DEIR. The DEIR was distributed for a 45-day public review period on
June 29, 2021 with the comment period concluding on August 13, 2021. A Notice of Availability
including electronic links to the DEIR and all technical appendices was posted at the County,
published in the Inland Valley Daily Bulletin, mailed to all property owners within 660 feet,
interested parties requesting such notification and posted on the city’s website on June 28, 2021.
Further, and also on June 28, 2021, the DEIR and all technical appendices were provided to the
Office of Planning and Research via the online “CEQAnet” portal for distribution to Responsible
and Trustee agencies and hard copies of the DEIR and all technical appendices were provided
for public review at the following locations:
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Archibald Library – 7368 Archibald Avenue, Rancho Cucamonga, CA 91730;
Paul A Biane Library – 12505 Cultural Center Drive, Rancho Cucamonga, CA 91739;
Planning Department Public Counter at City Hall – 10500 Civic Center Drive, Rancho
Cucamonga, CA 91730.
Comments were received from California Department of Fish and Wildlife (CDFW), South Coast
Air Quality Management District (SCAQMD), Cucamonga Valley Water District (CVWD), Southern
California Regional Rail Authority (Metrolink), Local Agency Formation Commission (LAFCO) and
Mitchell Tsai, Attorney at Law (on behalf of Southwest Regional Council of Carpenters). Notably,
prior to the Planning Commission meeting on December 8, 2021, representatives of Mitchell Tsai
provided staff with a letter withdrawing their comments and concerns regarding the project. This
letter has been included with this staff report as Attachment 12.
Technical appendices and supporting documentation can be referenced on the City’s website
under the tab; ”CEQA Documents Available for Review“ under the Current Projects & Planning
Initiatives which can be accessed here: https://www.cityofrc.us/community-development/planning
Mitigation Monitoring Reporting Program (MMRP): In compliance with CEQA, a monitoring
program has been prepared. The MMRP is a reporting program that identifies each adopted
mitigation measure or project design feature that reduces the significance level of a particular
impact. The MMRP indicates responsibility and timing milestones for each mitigation measure.
Findings of Fact in Support of Determinations Related to Significant Environmental Impacts: The
EIR concludes that upon implementation of the project and all recommended mitigation
measures, impacts associated with the project would remain less than significant. No significant
and unavoidable impact was identified; thus, it is determined that no Statement of Overriding
Consideration is required to be adopted
FISCAL IMPACT:
Fiscal Impact Analysis: The applicant has provided a Fiscal Impact Analysis prepared by DTA
(2021), which was peer reviewed by Keyser Marston Associates, Inc. (KMA), a third-party
consultant hired by the City. The Fiscal Impact Analysis conducted by DTA concluded the project
would result in total recurring revenues of $123,300 with total recurring costs of $79,000 for a total
annual recurring surplus to the City of $44,300. After analyzing the DTA study, KMA has
determined that the actual anticipated annual recurring surplus to the City is more likely to be
approximately $17,900. Considering this, the aforementioned Development Agreement requires
that the developer contribute funds toward a Community Benefit Fee in order to offset the costs
of the project to the community.
COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:
The development of the project achieves the City Council’s Core Value of “Intentionally embracing
and anticipating the future,” and “continuous improvement.” In addition to providing the City with
new industrial warehouse facilities which will attract quality tenants, the project also results in the
construction of a new public street which will improve future circulation in the SEIQ by providing
an additional north-south connection on Napa Street which will connect with the future expanded
road network throughout the SEIQ.
ATTACHMENTS:
Attachment 1 - Vicinity Map and Aerial Photograph
Attachment 2 - Project Plans and Uniform Sign Program
Attachment 3 - City Council Ordinance Annexation (DRC2020-00185) and Prezoning
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(DRC2020-00186)
Attachment 4 - City Council Resolution General Plan Amendment (DRC2020-00184)
Attachment 5 - City Council Resolution Tentative Parcel Map (SUBTPM20251)
Attachment 6 - City Council Design Review (DRC2020-00177)
Attachment 7 - City Council Resolution Conditional Use Permit (DRC2021-00317)
Attachment 8 - City Council Resolution Uniform Sign Program (DRC2020-00178)
Attachment 9 - City Council Ordinance Development Agreement (DRC2020-00175) with Draft
Development Agreement
Attachment 10 - City Council EIR Resolution, Findings and Mitigation Monitoring Program
Attachment 11 – Fire Protection District Board of Directors Resolution FD2022-001
Attachment 12 - Withdrawal Letter/Letter of Support from Mitchell Tsai
Attachment 13 - Design Review Committee Comments
Attachment 14 - December 8 Planning Commission Staff Report
Attachment 15 - Conditions of Approval
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Hillwood Project
(within Rancho
Cucamonga)
Southern CA Edison Property
(within Rancho Cucamonga)
(Not a part of the proposed
Hillwood Project)
Unincorporated property in Fontana's Sphere
of Influence
(Not a part of the proposed Hillwood Project)
Hillwood Project
(unincorporated property in
Fontana’s Sphere of Influence)
Hillwood Project Site and Neighborhood Map
City of Rancho
Cucamonga
Boundary
Hillwood Project
(within Rancho
Cucamonga)
Attachment 1Page69
1
9
2
1
Plan Set and Uniform Sign Program
Due to file size, this attachment can be accessed through the following link:
https://www.dropbox.com/s/rmj18x2so0q8g8o/Exhibit%20B%20_%20Plan%20Set%20and%20Unifor
m%20Sign%20Program.pdf?dl=0
Attachment 2Page70
ORDINANCE NO. 992
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, CONSENTING TO ANNEXATION DRC2020-
00185 AND APPROVING PREZONING DRC2020-00186 IN CONNECTION
WITH THE PROPOSED DEVELOPMENT OF TWO NEW INDUSTRIAL
BUILDINGS TOTALING APPROXIMATELY 655,878 SQUARE FEET ON AN
APPROXIMATE 35-ACRE PROJECT SITE LOCATED ETIWANDA AVENUE
NORTH OF NAPA STREET, AND MAKING FINDINGS IN SUPPORT
THEREOF – APNs: 0229-291-23, 46 AND 54.
A. Recitals.
1.WHEREAS, Kimley-Horn and Associates, on behalf of Hillwood Enterprises, L.P. (the “Applicant”),
filed an application for the approval of Prezoning DRC2020-00186 (the “Prezoning”), as described in the title
of this ResolutionThe Prezoning is part of a proposed development of two new industrial buildings totaling
approximately 655,878 square feet on an approximately 35-acre project site located approximately 650 feet
east of Etiwanda Avenue and north of Napa Street, APNs: 0229-291-23, 46 and 54 (the “Project Site”); and
2.WHEREAS, the portion of the Project Site located within the City and identified as APN 0229-291-
54 is currently zoned as Industrial Employment (IE); and
3.WHEREAS, Prezoning DRC2020-00186 is depicted in Exhibit “A,” attached hereto and
incorporated herein by this reference, and would pre-zone a portion of the Project Site, specifically a 2.9-acre
parcel identified as APN: 0229-291-46 and a 0.69-acre portion of a parcel identified as APN: 0229-291-23
currently located within unincorporated San Bernardino County and within the City of Fontana’s Sphere of
Influence (the “Annexation Area”), and ultimately incorporate these parcels and portions thereof into the City’s
official Zoning Map. To accomplish this objective, the Prezoning would result in the entire Project Site being
zonedas Industrial Employment (IE), which would implement the General Plan’s regulating zones across the
Project Area; and
4.WHEREAS, the Applicant is expected to submit a petition to annex the unincorporated portions of
the Project Site into the City of Rancho Cucamonga. The Applicant has submitted a request to the City to
concsent to this annexation, DRC2020-00185 (the “Annexation”). To that end, the City and the Rancho
Cucamonga Fire Protection District must consent to the annexation and approve plans of service for their
respective agencies; and
5.WHEREAS, on December 8th, 2021, the Planning Commission of the City of Rancho Cucamonga
conducted a duly noticed public hearing on Annexation DRC2020-00185 and Prezoning DRC2020-00186 and
voted unanimously to recommend that the City Council consent to Annexation DRC2020-00185 and approve
Prezoning DRC2020-00186; and
6.WHEREAS, on January 5th, 2022, the City Council of the City of Rancho Cucamonga conducted a
noticed public hearing and introduced for First Reading of Ordinance 992 adopting Annexation DRC2020-
00185 and Prezoning DRC2020-00186 and concluded said hearing on that date; and
7.WHEREAS, All legal prerequisites prior to the adoption of this Ordinance have occurred.
B. Ordinance.
The City Council of the City of Rancho Cucamonga does ordain as follows:
SECTION 1: This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part
A, of this Ordinance are true and correct.
SECTION 2: Based upon the substantial evidence presented to the City Council during the Page 71
above-referenced public hearing on January 5th, 2022, including written and oral staff reports, together with
public testimony, the City Council hereby specifically finds as follows:
a. In addition to Annexation DRC2020-00185 and Prezoning DRC2020-00186, the project
scope includes: General Plan Amendment (DRC2020-00184), to assign a land use designation of Industrial
Employment District to the Annexation Area; Tentative Parcel Map (SUBTPM20251) to create two new
parcels; and Design Review (DRC2020-00177), Conditional Use Permit (DRC2021-00317), and Uniform Sign
Program (DRC2020-00178) to permit the use, construction and signage of the proposed project. The project
also includes a Development Agreement (DRC2021-00180); and
b. The Project Site includes APN 0229-291-46 which is currently located within unincorporated
San Bernardino County and within the City of Fontana’s Sphere of Influence and currently has a zoning
designation of Regional Industrial (I-R) under San Bernardino County and General Industrial (M-2) under the
City of Fontana; and
c. The application also requests the Annexation and Prezoning of an additional 0.69-acre
portion of a parcel identified as APN: 0229-291-23. This parcel, also currently located within unincorporated
San Bernardino County and the City of Fontana’s Sphere of Influence currently has a zoning designation of
Regional Industrial (I-R) under San Bernardino County and a zoning designation of Public Utility (P-UC) under
the City of Fontana; and
d. Upon approval of the Prezoning and following approval of the Annexation by the Local
Agency Formation Commission (LAFCO), both parcels APN: 0229-291-46 and APN: 0229-291-23 will be
assigned a zoning designation of Industrial Employment (IE) by the City of Rancho Cucamonga, which is
consistent with the existing zoning classification of the remainder of the Project Site which is currently located
within the City; and
e. The City Council and Fire Protection District Board must consent to the Annexation and
adopt plans for service for the Annexation Area.
f. As reflected in Exhibit “A,” upon approval of the Annexation by LAFCO, these parcels will be
assigned a land use designation of Industrial Employment District pursuant to the City of Rancho Cucamonga
General Plan with a zoning designation of Industrial employment (IE).
SECTION 3: Based upon the substantial evidence presented to this Council during the
above-referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above,
this Council hereby finds and concludes as follows:
a. The City Council has independently reviewed the General Plan Consistency Analysis included
as Table 4.11-5 in the EIR. The City Council has also considered the changes to the General Plan adopted
on December 15, 2021 as the 2020 PlanRC General Plan Update. Based on this comprehensive consistency
analysis, the Planning Commission finds that, subject to the City Council’s approval of the related documents
and approvals associated with the Project (Annexation DRC2020-00185, Prezoning DRC2020-00186,
General Plan Amendment DRC2020-00184, Tentative Parcel Map SUBTPM20251, Design Review
(DRC2020-00177), Conditional Use Permit (DRC2021-00317), Uniform Sign Program (DRC2020-00178) and
Development Agreement DRC2021-00180, the Annexation and Prezoning would be consistent with the goals,
policies and implementation programs of the General Plan and will not conflict with any specific plan
applicable to the Project Area. Given that this Prezoning affects parcels located outside of the City and its
Sphere of Infuence, the General Plan does not currently address the Annexation Area. The approval of
General Plan Amendment DRC2020-00184 will designate the Annexation Area as Industrial Employment
under the General Plan and will ensure consistency between the zoning and General Plan.
b. Approval of the Annexation and Prezoning would not be materially injurious or detrimental to
adjacent properties based on the finding sin the Project’s EIR.
c. The findings set forth in this Ordinance reflect the independent judgment of the City Council.
SECTION 4: The Annexation and Prezoning, in addition to the General Plan Amendment, Tentative
Parcel Map, Design Review Conditional Use Permit, Uniform Sign Program and Development Agreement
(collectively, the “Project”) were environmentally reviewed pursuant to the California Environmental Quality
Page 72
Act (CEQA) and the State CEQA Guidelines. Pursuant to CEQA Guidelines Section 15060(d), the City
determined that an EIR would clearly be required for the Project, and therefore prepared an environmental
impact report (EIR) that focused on the potentially significant effects of the Project. By separate Resolution
No. 2022-006, the City Council has: (i) made the required CEQA findings and determinations, (ii) certified the
Final EIR; and (iii) adopted a Mitigation Monitoring and Reporting Program for the Project. Resolution No.
2022-006is incorporated herein by reference, and made a part hereof as if fully set forth herein. The
documents and other materials that constitute the record on which this determination was made are located in
the Planning Department and are in the custody of the Planning Director. Further, the mitigation measures
set forth therein are made applicable to the Project.
SECTION 5: The City Council hereby adopts Prezoning DRC2020-00186. The Official Zoning Map
for the City of Rancho Cucamonga is hereby amended to assign a zoning designation of “Industrial
Employment (IE) Pre-District” for the Annnexation Area parcels of land, as shown in Attachment A. Pursuant
to Section 17.22.050 of the Rancho Cucamonga Municipal Code, the zoning of the Annexation Area shall
become effective at the time the proposed annexation for such area becomes effective. Until such time, the
Official Zoning Map shall show the prezoning classification with the label “PRE DISTRICT”
SECTION 6: The City Council hereby consents to the San Bernardino County LAFCO’s approval of an
annexation into the City of Rancho Cucamonga and related sphere of influence amendment for the
Annexation Area parcels identified as APNs 0229-291-23 and 0229-291-46. The City Council further
approves the plan for service for the Annexation Area attached hereto as Exhibit “B”.
SECTION 7: If any section, subsection, sentence, clause, phrase, or word of this Ordinance is, for any
reason, deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction,
or preempted by legislative enactment, such decision or legislation shall not affect the validity of the remaining
portions of this Ordinance. The City Council of the City of Rancho Cucamonga hereby declares that it would
have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or words thereof,
regardless of the fact that anyone or more sections, subsections, clauses, phrases, or words might
subsequently be declared invalid or unconstitutional or preempted by subsequent legislation.
SECTION 7.The City Clerk shall certify to the adoption of this Ordinance and shall cause the same
to be published in the manner prescribed by law.
PASSED, APPROVED, AND ADOPTED this __th day of ________, 2022.
BY: ____________________________________
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 5th day of January, 2022, and was finally passed at a regular meeting of the City
Council of the City of Rancho Cucamonga held on the ______ day of ______________, 2022, by the
following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAINED: COUNCILMEMBERS:
ATTEST:_________________Page 73
______________
City Clerk of the City of Rancho Cucamonga
Page 74
EXHIBIT A
ZONING MAP AMENDMENT
Page 75
EXHIBIT B
PLAN FOR SERVICE
5000 Birch Street, Suite 3000 Newport Beach, CA 92660
CITY OF RANCHO CUCAMONGA
PLAN FOR SERVICE
ANNEXATION OF 4.8 ACRES IN CONNECTION WITH
PROPOSED SPEEDWAY COMMERCE CENTER PROJECT
Prepared for:
City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
www.FinanceDTA.com
Page 76
TABLE
OF CONTENTS
SECTION PAGE
I INTRODUCTION ........................................................1
II DESCRIPTION OF PROPOSED SPEEDWAY
COMMERCE CENTER PROJECT AND THE 4.8 ACRE
ANNEXATION AREA ..................................................3
A Description of the Project Site .........................................3
B Description of the Annexation Area ..............................4
III PLAN FOR SERVICE BEFORE AND AFTER
ANNEXATION OF 4.8 ACRES ....................................6
IV General Government and Administrative Services .. 8
A Fire Protection and Emergency Response Services ..9
V Wildland Fire Prevention and Protection....................10
VI Law Enforcement ..........................................................10
VII Library .............................................................................10
VIII Parks and Recreation ....................................................11
IX Animal Control ...............................................................11
X Street Lighting ...................................................................11
XI Landscape Maintenance ...............................................12
XII Water ...................................................................................12
XIII Wastewater ....................................................................12
XIV Transportation................................................................13
XV Flood Control and Drainage .........................................13
XVI Utilities ...............................................................................14
XVII Schools ............................................................................14
XVIII Solid Waste Management .............................................14
XIX ONE-TIME DEVELOPMENT IMPACT FEES ..............15
Page 77
SECTION I
INTRODUCTION
www.FinanceDTA.com
City of Rancho Cucamonga
Speedway Commerce Center Plan for Service
November 5, 2021
1
I INTRODUCTION
The Speedway Commerce Center project (the “Project”) is currently under consideration for
approval by the City of Rancho Cucamonga (the "City") City Council. The Project site includes
an estimated 35.73 acres of vacant land in the eastern portion of the City located approximately
1.3 miles east of Interstate 15 and approximately 1.5 miles north of Interstate 10. An
estimated 92% of the Project site is currently located within the City, with the remainder
located in unincorporated San Bernardino County (the “County”) within the City of Fontana
Sphere of Influence. The Project has submitted a pre-zone application and annexation
proposal for the portion of the Project located in the unincorporated County and certain
adjacent property to the west to create a logical boundary into the City from the centerline
of Napa Street, east of Etiwanda Avenue and west of the San Sevaine Channel.
While all of the Project’s building square footage is to be constructed within 32.83 acres of the
Project site that is already located within the City, a remaining 2.9-acre portion of the site
consisting solely of a portion of the Project’s parking lot is currently located in the
unincorporated County and will need to be annexed into the City. The entire area to be
annexed (the “Annexation Area”) will also include 1.9 additional acres that consist of an
unmanned parcel owned by Southern Cal Edison (the “SCE Parcel”) on which transmission
wires are located, and a portion of the right of way for Napa Street. The intent of this Plan
for Service (“PFS”) is to provide the County of San Bernardino Local Agency Formation
Commission (“LAFCO”) with sufficient information to assess which public agencies will be
responsible for providing municipal services to the Annexation Area once it has been absorbed
by the City. DTA is also preparing a separate PFS focusing specifically on the Cucamonga Valley
Water District (“CVWD”), which will be annexing not just the Annexation Area, but also the
remainder of the Project. As the remainder of the Project is already located in the City, it is
not discussed in depth within this Annexation Area PFS, which is why the separate PFS is
being prepared to cover the provision of wastewater services by CVWD.
While a standard PFS typically also includes information on the fiscal impacts of an
annexation action on the City General Fund and the General Funds of other municipal
agencies that will be providing the annexed area, this Annexation Area is different because it
is expected to include only very minimal development in terms of a 2.9-acre portion of a
parking lot and a 1.9-acre SCE parcel containing only electrical transmission lines. Therefore,
it is anticipated that no new revenues will be generated within the Annexation Area, and the
services to be provided therein will be minimal. However, DTA has previously prepared a fiscal
impact analysis (“FIA”) that has been reviewed and approved by the City that analyzes the
impacts of the overall Project on the City General Fund. As this FIA (the “Project FIA”)
includes the small portion of the Project that is located in the Annexation Area, it will also
be submitted separately from this PFS to the City for review and certification in-lieu of a new
FIA analyzing just the Annexation Area.
Page 78
SECTION I
INTRODUCTION
www.FinanceDTA.com
City of Rancho Cucamonga
Speedway Commerce Center Plan for Service
November 5, 2021
2
In addition, as the fiscal impacts of the Project on the Rancho Cucamonga Fire Protection District
(“RCFPD”) and the CHWD were not included in the Project FIA, DTA will also be preparing
separate FIAs specifically focusing on the entire Project’s impacts on both of these agencies.
Notably, the CHWD fiscal analysis will be packaged together with the separate PFS for CHWD
wastewater services previously discussed because the area to be annexed into CHWD will include
the entire 35.73-acre Project site, not just the 4.8-acre Annexation Area.
Page 79
SECTION IIDESCRIPTION OF
PROPOSED SPEEDWAY
COMMERCE CENTERPROJECT
AND THE 4.8 ACRE
ANNEXATION AREA
www.FinanceDTA.com
City of Rancho Cucamonga
Speedway Commerce Center Plan for Service
November 5, 2021
3
II DESCRIPTION OF PROPOSED SPEEDWAY COMMERCE CENTER PROJECT
AND THE 4.8 ACRE ANNEXATION AREA
A Description of the Project Site
The Project site, as depicted in Figure 1 below, encompasses approximately 35.73 acres of
vacant land in the eastern portion of the City and is located directly south of the Burlington
Northern Santa Fe Railway, directly west of San Sevaine Channel, north of Napa Street in the
City and County, and east of the East Etiwanda Creek channel.
Figure 1: Aerial Map for Proposed Project Site
The Project site is proposed to be developed into two industrial buildings totaling approximately
655,878 square feet of new warehouse space and related on-site and off-site improvements. A
summary of the land uses and building square footage (“BSF”) associated with each land use in
the Project is listed below in Table 1. The conceptual site plan for Buildings A and B within the
Project is illustrated in Figure 2 below.
Page 80
SECTION IIDESCRIPTION OF
PROPOSED SPEEDWAY
COMMERCE CENTERPROJECT
AND THE 4.8 ACRE
ANNEXATION AREA
www.FinanceDTA.com
City of Rancho Cucamonga
Speedway Commerce Center Plan for Service
November 5, 2021
4
Table 1: Proposed Land Uses for the Project
Land Use BSF
Building A - Warehouse 500,648
Building B - Warehouse 155,230
Figure 2: Proposed Speedway Commerce Center Project
B Description of the Annexation Area
The proposed Annexation Area consists of 4.8 acres that include 2.9 acres representing the
southeast portion of the proposed Speedway Commerce Center project (the “Project”), as well
as 1.9 acres made up of an undeveloped parcel containing transmission wires owned by
Southern Cal Edison (“SCE”) and a portion of Napa Street right of way. A map delineating the
Annexation Area is shown below in Figure 3.
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SECTION IIDESCRIPTION OF
PROPOSED SPEEDWAY
COMMERCE CENTERPROJECT
AND THE 4.8 ACRE
ANNEXATION AREA
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City of Rancho Cucamonga
Speedway Commerce Center Plan for Service
November 5, 2021
5
Figure 3: Proposed Annexation Area for Speedway Commerce Center Project
As reflected in Figures 2 and 3 above, the 2.9-acre portion of the Annexation Area is
anticipated to be used solely as a portion of the Project’s parking lot, with the SCE parcel
continuing its current use as a transmission tower site.
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November 5, 2021
6
III PLAN FOR SERVICE BEFORE AND AFTER ANNEXATION OF 4.8 ACRES
As noted previously, the Annexation Area consists of a 4.8-acre portion of the Project and
adjacent SCE Site that is currently being serviced by the County that will need to be annexed into
the City. However, as neither the City nor the County provide certain required municipal
services, the Annexation Area will also be subject to annexations to additional districts, as
detailed below. However, as noted previously, the entire Project, as opposed to just the
Annexation Area, will be annexed into CVWD to obtain sewer services. As the entire Project
encompasses 35.7 acres, which is significantly larger than the 4.8-acre Annexation Area, DTA has
prepared an entirely separate PFS covering wastewater services that will be submitted directly
to CHWD for review and confirmation, and is not included in this PFS.
The list of municipal services necessary to serve the Annexation Area are the following:
General Government and Administrative Services;
Fire Protection and Emergency Response Services;
Sheriff/Police and Public Safety Services;
Library;
Parks and
Recreation; Animal
Control; Street
Lighting;
Landscape Maintenance;
Water;
Wastewater;
Transportation;
Flood Control and Drainage;
Utilities;
Schools; and
Solid Water Management.
Table 2, below, provides a summary of which public agencies are currently responsible for
providing each type of municipal service now, prior to the annexation, as well as which public
agency is anticipated to be providing that same service after the annexation. In addition, one-
time development impact fees (“DIFs”) are collected by a number of public agencies to fund the
capital costs of public facilities, as summarized in Section IV of this Study.
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November 5, 2021
7
Table 2: Municipal Services Providers for Proposed Annexation Area 1
Municipal Services Current Municipal Provider Future Municipal Provider After
Annexation
General Government and
Administrative Services2 County of San Bernardino City of Rancho Cucamonga
Fire Protection and
Emergency Response
Services
Fontana Fire Protection District
(“FFPD”) contract with County of San
Bernardino Fire Department; and
American Medical Response.
Rancho Cucamonga Fire Protection
District (“RCFPD”); and
American Medical Response
Sheriff/Police and Public
Safety
County of San Bernardino Sheriff's
Department
City contract with County of San
Bernardino Sheriff's Department
Library San Bernardino County Public Library Rancho Cucamonga Public Library
Parks and Recreation
Regional Facilities
Local Facilities
County of San Bernardino None County of San Bernardino
Rancho Cucamonga Community
Services Department
Animal Control San Bernardino County Animal Care and
Control
Rancho Cucamonga Animal Care and
Services Department
Street Lighting None
Rancho Cucamonga Municipal
Utility (“RCMU”); and
Citywide street lighting district.
Landscape Maintenance San Bernardino County Rancho Cucamonga Public Works Services
Department
Water
Inland Empire Utilities Agency
(“IEUA”) – wholesale; and
Fontana Water Company (“FWC”).
IEUA – wholesale; and
FWC.
Sewer IEUA – regional. IEUA – regional; and
Cucamonga Valley Water District.
Transportation
Freeways and
Interchanges
Transit
Cal Trans Omnitrans Cal Trans Omnitrans
1 Some of the municipal services listed may not apply to the Proposed Annexation Area because it is anticipated that
only a parking lot and unmanned utility easement will be located within that area. However, should future
development plans change, the municipal services providers responsible for managing the public facilities associated
with that future development are listed in this table.
2 Including General municipal administration, planning and community development services, economic development, local
road operation and maintenance (“O&M”), street lighting O&M, local parks O&M, and human resources, among other
services.
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November 5, 2021
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Municipal Services Current Municipal Provider Future Municipal Provider After
Annexation
Flood Control and Drainage
Regional Facilities
Local Facilities
San Bernardino County Flood Control
District
San Bernardino County - Public Works
San Bernardino County Flood Control
District
Rancho Cucamonga Public Works
Services Department
Utilities
Cable/Internet
Provider/Phone
Power
Natural Gas
Charter Communications, Spectrum, and
Frontier
Southern California Edison Southern
California Gas Company
Charter Communications, Frontier, and
RCMU
RCMU
Southern California Gas Company
Schools
Etiwanda School District (K-8); and
Chaffey Joint Union High School
District (9-12)
Etiwanda School District (K-8); and
Chaffey Joint Union High School
District (9-12)
Solid Waste Management
Burrtec Waste Management Industries
through franchise agreement with San
Bernardino County Solid Waste
Management Division.
Burrtec Waste Management Industries
through franchise agreement with City of
Rancho Cucamonga.
A written narrative describing the pre-annexation and post-annexation provision of each service
listed above follows:
A General Government and Administrative Services
A.1 Before Annexation
The County currently provides general government and administrative services to the
Annexation Area. These include certain services that the County only provides in the
unincorporated County, such as planning and community development services, economic
development, arterial, collector and other local road operation and maintenance (“O&M”),
street lighting and local parks O&M and human resources, among other services. In addition, the
County provides certain services on a Countywide basis to both cities and the unincorporated
County, such as criminal justice services related to jails and courts, which include district
attorney, public defender and probation services, as well as health and welfare services and
other Countywide functions.
A.2 After Annexation
The City will assume responsibility for all of the administrative and general government services
that had been previously provided by the County exclusively for unincorporated County areas.
As discussed above, these would include planning
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November 5, 2021
9
and community development services, economic development, local road and street light O&M,
etc. within the Annexation Area. The City’s road maintenance responsibilities would include
the operations and maintenance of the ½ width of Napa Street that is being annexed into the
City. However, the other services currently provided by the County on a Countywide basis, as
also discussed above, will continue to be the County’s responsibility within the Annexation
Area. These would include criminal justice services, health and welfare services, etc.
B Fire Protection and Emergency Response Services
B.1 Before Annexation
FFPD currently provides the fire protection and emergency response services to the Annexation
Area. FFPD, through contract with the San Bernardino County Fire Department, serves
approximately 52.4 square miles (“SM”), encompassing 42.4 SM within the limits of the City of
Fontana and 10 SM within Fontana’s Sphere of Influence area (“SOI”). The Annexation Area is
primarily served by Fire Station 73, located at 14360 Arrow Boulevard in Fontana. American
Medical Response provides private ambulance services.
B.2 After Annexation
The RCFPD will provide the fire protection and emergency response services to the Annexation
Area after its annexation. RCFPD encompasses approximately 50 SM of service area within the
City limits and the City's SOI. The Annexation Area will be served by (i) the Jersey Fire Station,
located at 11297 Jersey Boulevard, which is approximately 3 roadway miles west of the
Annexation Area, and (ii) Day Creek Fire Station, located at 12270 Firehouse Court, which is
approximately 3.3 roadway miles to the northwest of the Annexation Area. Based on its proximity
to two existing fire stations, the Annexation Area will be adequately served by fire protection
services, and no new or expanded unplanned facilities would be required.
In addition, the entire Project site, including the portion within the Annexation Area, is required to
be annexed into Community Facilities District (“CFD”) No. 85-1 as one of the City’s conditions of
development approval. CFD No. 85-1 was initially approved by the qualified voters within the
CFD in a special election to authorize the levy of a special tax to fund fire suppression services
and facilities within the boundaries of Archibald Avenue, Etiwanda Avenue, Highland Avenue
and Fourth Street.
The American Medical Response, a private ambulance service, provides ambulance services to
the Annexation Area. AMR is located at 7925 Center Avenue in Rancho Cucamonga.
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November 5, 2021
10
C Wildland Fire Prevention and Protection
C.1 Before Annexation
FFPD, through a contract with the San Bernardino County Fire Department, currently provides the
wildfire prevention and protection services to the Annexation Area.
C.2 After Annexation
RCFPD will provide the wildfire prevention and protection services to the Annexation Area after its
annexation.
D Law Enforcement
D.1 Before Annexation
The San Bernardino County Sheriff’s Department (“SBCSD”) provides public safety services to
the unincorporated areas.
D.2 After Annexation
Since incorporation in 1977, law enforcement services in the City have been provided through a
contract with SBCSD. The closest police station to the Annexation Area is the Victoria Gardens
Substation, located at 7743 Kew Avenue, which is approximately
2.5 roadway miles northwest of the Annexation Area. In addition, the Police Department
Headquarters (SBCSD Rancho Cucamonga Patrol Station) is located at 10510 Civic Center Drive,
which is approximately 3.9 roadway miles northwest of the Annexation Area. Furthermore, a joint
facility including a police substation and several other municipal offices, is proposed at the
Empire Lakes development located approximately 3.8 roadway miles west of the Annexation
Area.
Based on its proximity to these existing and proposed police stations and their projected
staffing levels, the Annexation Area will be adequately served by existing police protection
services, and no new or expanded unplanned facilities would be required.
E Library
E.1 Before Annexation
Currently, the Annexation Area is served by the San Bernardino County Library system. The
nearest County library is the Fontana Lewis Library & Technology Center, located at 8437 Sierra
Avenue in Fontana.
E.2 After Annexation
The Rancho Cucamonga Public Library will serve the Annexation Area after its annexation. The
closest City library to the Annexation Area is the Paul A. Biane Library, located at 12505
Cultural Center Drive, which is approximately 2.4 roadway miles northwest of the Annexation
Area.
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November 5, 2021
11
F Parks and Recreation
F.1 Before Annexation
The County Regional Parks Department (“CRPD”) provides regional park services to all residents
and employed persons within the County, including located in both incorporated and
unincorporated areas. The closest regional park is Cucamonga Guasti Regional Park in Ontario,
which includes recreational areas for water sports, hiking and picnicking. But CRPD’s mandate is
only to provide regional park facilities, so it does not support the construction, operations or
maintenance of local parks anywhere within its jurisdiction, including within the Annexation
Area.
F.2 After Annexation
The City’s Community Services Department will operate and maintain the City’s local parks and
recreation facilities after annexation. This City Department currently supports the operations
and maintenance of over 30 local park sites within the City which are available for use by
residents and employed persons located within the Annexation Area., The largest park and
recreational facilities operated by this City Department includes the Community Center at Lions
East and Lions West, Family Resource Center, Central Park Senior/Community Center, Rancho
Cucamonga Sports Center, Epicenter/Sports Complex, and Victoria Gardens Cultural Center.
G Animal Control
G.1 Before Annexation
The San Bernardino County Animal Care and Control Program currently operates two animal
shelters within the County, located in Big Bear and Devore, both of which are relatively distant
from the Annexation Area.
G.2 After Annexation
The Rancho Cucamonga Animal Care and Services Department will provide animal control
services to the Annexation Area after its annexation. The Department’s animal shelter facilities
are located at 11780 Arrow Route in the City.
H Street Lighting
H.1 Before Annexation
The Annexation Area presently does not contain any streetlights.
H.2 After Annexation
Upon annexation, RCMU will be responsible for operating and maintaining streetlights in the
Annexation Area. The Annexation Area is conditioned by the City to be annexed into SLD No. 1,
which is the City’s street lighting finance district,
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SECTION IIIPLAN FOR SERVICE
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November 5, 2021
12
I Landscape Maintenance
I.1 Before Annexation
Currently, the County is responsible for the limited amount of landscape maintenance required
within the Annexation Area.
I.2 After Annexation
Upon annexation, the City’s Public Works Department will be responsible for providing
operations and maintenance services for the landscaping of any publicly owned parkways and
medians within the Annexation Area, including operations and maintenance work on the ½ width
of Napa Street that is being annexed into the City.
J Water
J.1 Before Annexation
FWC is a local water company currently providing water treatment, storage, and distribution of
domestic water to the Annexation Area. FWC owns and operates three water treatment facilities,
treating a combination of well and surface water. In 2020, water utilized within the City originated
from three main sources; (i) approximately 60% groundwater, (ii) 15% local surface water, and
(iii) 25% water from the State Water Project. Groundwater is produced from Chino Basin, Rialto
Basin and Lytle Basin, and an unnamed basin. Local surface water from Lytle Creek and
imported surface water from the State Water Project originating in Northern California are
treated at the Sandhill Water Treatment Plant, a 29 million-gallon-per-day (MGD) treatment
plant that is comprised of a 12 MGD Conventional filtration treatment facility and a 17 MGD
Diatomaceous Earth filtration treatment facility.
IEUA is a state water contractor for the Metropolitan Water District of Southern California
(“MWD”), and is a regional wholesaler that delivers water at an average of
1.5 billion gallons of water per day to a 5,200 square mile service area.
J.2 After Annexation
FWC will continue to be the retail water service provider for the Annexation Area after its
annexation, and IEUA will continue to be its wholesale water supplier.
K Wastewater
K.1 Before Annexation
IEUA is a regional wastewater treatment agency and wholesale distributor of imported water that
operates wastewater treatment facilities. The entire Project site, including the portion within the
Annexation Area, currently does not receive any local wastewater services.
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November 5, 2021
13
K.2 After Annexation
IEUA will continue to be the regional wastewater treatment agency for the Annexation Area,
while the CVWD will be the local wastewater service provider for the Annexation Area. CVWD
currently operates and maintains approximately 421 miles of wastewater collection system
ranging from 8 to 36 inches in diameter. Wastewater generated by the Project site would be
transported through this collection system and conveyed to IEUA’s RP-1 and RP-4 regional water
recycling plants where it is processed into recycled water. IEUA owns and operates a system of
regional trunk and interceptor sewers that transport wastewater to the regional wastewater
treatment plants. In order to avoid overloading issues at any one facility, wastewater can be
diverted from one regional plant to another.
As the entire Project, not just the Annexation Area, will be annexed into CVWD, a PFS and FIA are
required to analyze the annexation of the entire Project into CVWD. These two analyses are
being prepared separately from this Annexation Area PFS, and will be submitted to CVWD upon
their completion.
L Transportation
L.1 Before Annexation
Caltrans currently operates and maintains freeways located in unincorporated County, while, as
noted in Section A.1 of this study, arterials, collectors and other local roads are operated and
maintained by the County Public Works Department. Omnitrans provide public transit in the
unincorporated County.
L.2 After Annexation
Caltrans and Omnitrans will continue to provide freeway and public transit services to the
Annexation Area once the annexation has been completed. As noted previously in Section A.2,
the City will be responsible for the operations and maintenance of local roads within the
Annexation Area.
M Flood Control and Drainage
M.1 Before Annexation
The County Flood Control District provides operations and maintenance services for regional
flood control facilities, while any local drainage facilities, such as neighborhood detention
basins, channels and bioswales are managed by the County’s Public Works Department.
M.2 After Annexation
The County Flood Control District will continue to manage regional flood control facilities on
behalf of the Annexation Area, whereas the City’s Department of Public Works will take over
responsibilities for the local drainage facilities cited above.
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November 5, 2021
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N Utilities
N.1 Before Annexation
The current providers of cable television and internet service within the area are Charter
Communications, Spectrum and Frontier Communications. Telephone services are also provided
by Frontier Communications, whereas electricity is supplied by Southern California Edison and
natural gas by Southern California Gas Company.
N.2 After Annexation
Most of the utility services in the Annexation Area will continue to be maintained by the same
private parties, with the exception of cable service and electricity, which will be furnished by
RCMU.
O Schools
O.1 Before Annexation
The local primary elementary school is being operated by the Etiwanda School District (“ESD”).
High School facilities are the responsibility of Chaffey Joint Union High School District
(“CJUHSD”).
O.2 After Annexation
Both primary and secondary school services will continue to be the responsibility of ESD and
CJUHSD, respectively.
P Solid Waste Management
P.1 Before Annexation
Burrtec Waste Management Industries currently provides waste and recycling services to the
Annexation Area through a franchise agreement with the County Solid Waste Management
Division.
P.2 After Annexation
Burrtec Waste Management Industries will continue to provide waste and recycling services to
the Annexation Area after its annexation, although its franchise agreement will be executed
with the City rather than with the County,
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SECTION
IV
City of Rancho Cucamonga
Speedway Commerce Center Plan for Service
November 5, 2021
15
ONE-TIME DEVELOPMENT IMPACT
FEES
IV ONE-TIME DEVELOPMENT IMPACT FEES
Development impact fees (“DIFs”) are one-time fees utilized to fund a project’s fair share of a
municipality’s infrastructure and capital needs, and are generally paid upon issuance of building
permits and/or Certificates of Occupancy. As noted previously, the Annexation Area consists of
4.8 acres that will include the following anticipated land uses:
2.9 acres representing the southeast portion of the Project that is anticipated to be
used solely as a portion of the Project’s parking lot;
1.9 acres of SCE-owned parcel containing transmission wires; and
A portion of the Napa Street right of way.
Based on these currently proposed land uses within the Annexation Area, no structures are to
be built within the area, so no DIFs are anticipated to be collected within the Annexation
Area itself. Only portions of the Project outside of the Annexation Area on which structures
are to be built would require the payment of DIFs, and they would be paying DIFs equal to the
Project’s fair share of the capital costs of public facilities necessitated by the structures built
on the Project site. Notably, if the development plan for the Project changes such that the
Annexation Area would include actual development other than the currently anticipated parking
lot, DIFs could be collected. However, as DIF levels generally vary dependent upon the land
use types being constructed, specific fee levels cannot be assigned to the Annexation Area at
this time.
www.FinanceDTA.com
Page 92
RESOLUTION NO. 2022-001
A RESOLUTION OF THE CITY COUNCIL OF RANCHO CUCAMONGA,
CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT NO.
DRC2020-00184, A REQUEST TO AMEND THE GENERAL PLAN LAND
USE MAP TO ASSIGN A LAND USE DESIGNATION TO TWO PARCELS
PROPOSED TO BE ANNEXED INTO THE CITY WHICH ARE
CURRENTLY LOCATED WITHIN UNINCORPORATED SAN
BERNARDINO COUNTY AND THE CITY OF FONTANA’S SPHERE OF
INFLUENCE FOR PARCELS LOCATED EAST OF ETIWANDA AVENUE
NORTH OF NAPA STREET, AND MAKING FINDINGS IN SUPPORT
THEREOF – APNS: 0229-291-23 AND 0229-291-46.
A. Recitals.
1.WHEREAS, Kimley-Horn and Associates, on behalf of Hillwood Enterprises, L.P. (the
“Applicant”), filed an application for General Plan Amendment No. DRC2020-00184 as described
in the title of this Resolution (the “General Plan Amendment”). The General Plan Amendment
requested by the Applicant would (1) replace the Flood Control/Utility Corridor land use
designation on parcel APN 0229-291-54 with a land use designation of Heavy Industrial to be
consistent with the remainder of that parcel; and 2) designate the portions of the project area to
be annexed into the City (APNs 0229-291-23 AND 0229-291-46) with a Heavy Industrial land use
designation.
2.WHEREAS, the Applicant has requested the General Plan Amendment to construct
two new industrial warehouse buildings totaling approximately 655,878 square feet combined for
warehouse and e-commerce uses (the “Project”).
3.WHEREAS, on December 8, 2021, the Planning Commission of the City of Rancho
Cucamonga conducted a duly noticed public hearing on the General Plan Amendment and
concluded said hearing on that date at which point the Planning Commission voted unanimously
to recommend that the City Council approve General Plan Amendment DRC2020-00184.
4.WHEREAS, on December 15, 2021, prior to the City Council’s consideration of the
General Plan Amendment, the City Council adopted the “PlanRC” General Plan Update, which is
a comprehensive update to the City’s General Plan. The PlanRC General Plan Update
accomplished certain actions requested by the subject General Plan Amendment DRC2020-
00184 as described above. Specifically, the PlanRC General Plan Update eliminated the Floating
Park designation and Flood Control/Utility Corridor land use designation within the project area.
The PlanRC General Plan also renamed the Heavy Industrial land use designation to Industrial
Employment District; and
5.WHEREAS, the PlanRC General Plan Update redesignated the entirety of APN 0229-
291-54 as Industrial Employment District. Industrial Employment District largely reflects the
previously named Heavy Industrial designation in the prior General Plan and permits the proposed
uses outlined in the Project.
6.WHEREAS, the subject General Plan Amendment DRC2020-00184 is still necessary
in order to assign a land use designation of Industrial Employment District to parcels and portions
thereof to be annexed relative to the subject project (APNs 0229-291-23 AND 0229-291-46); and
Page 93
CITY COUNCIL RESOLUTION NO. 2022-001
GPA DRC2020-00184 – HILLWOOD ENTERPRISES, L.P.
January 5th, 2022
Page 2
7.WHEREAS, on January 5, 2022, the City Council of the City of Rancho Cucamonga
conducted a duly noticed public hearing on the General Plan Amendment and concluded said
hearing on that date; and
8.WHEREAS, all legal prerequisites prior to the adoption of this Resolution have
occurred.
B. Resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA,
HEREBY RESOLVES:
1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part
A, of this Resolution are true and correct.
2. Based upon the substantial evidence presented to this Council during the above-
referenced public hearing on January 5, 2022, including written and oral staff reports, together
with public testimony, this Council hereby specifically finds as follows:
a. Following the PlanRC General Plan Update the General Plan Amendment
applies to two parcels, APNs 0229-291-46 and a 0.69-acre portion of 0229-291-23 which, together
with the other portion of the site, APN 0229-291-54, cumulatively total approximately 35-acres of
land, located east of Etiwanda Avenue north of Napa Street. APN: 0229-291-46, which is
proposed to be annexed, is currently located within unincorporated San Bernardino County and
the City of Fontana Sphere of Influence and is currently designated by San Bernardino County as
General Industrial (GI) and the City of Fontana as General Industrial (I-G). APN: 0229-291-54,
located within the City of Rancho Cucamonga, has a general plan land use designation of
Industrial Employment District. A portion of a third parcel, APN: 0229-291-23, also located within
Unincorporated San Bernardino County and the City of Fontana’s Sphere of Influence and which
is also proposed to be annexed, is currently designated by San Bernardino County as General
(GI) (I-R) and by the City of Fontana as Public Utility (P-UC); and
b. The existing Land Use, General Plan and Zoning Designations for the project
site and adjacent properties are as follows:
Land Use General Plan Zoning*
Site Vacant
Industrial Employment District (for
portion within City); General
Industrial (GI)/ General Industrial (I-
G) (for portion within
County/Fontana SOI)
Industrial Employment
(IE) District (for portion
within City); Regional
Industrial (IR) (within
County) and General
Industrial (M-2) (for
portion within Fontana
SOI)
North Industrial Industrial Employment District Neo-Industrial (NI)
District
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CITY COUNCIL RESOLUTION NO. 2022-001
GPA DRC2020-00184 – HILLWOOD ENTERPRISES, L.P.
January 5th, 2022
Page 3
South
Industrial
(County/Fontana
SOI)
General Industrial (GI), Special
Development (SD)/General
Industrial (I-G) (within
County/Fontana SOI)
Regional Industrial (IR);
Kaiser Commerce
Center Specific Plan
(KC/SP)/General
Industrial (M-2) (within
County/Fontana SOI)
West
Industrial and
East Etiwanda
Creek
Industrial Employment District Industrial Employment
(IE) District
East San Sevaine
Channel
Open Space (OS) and General
Industrial (GI) (within
County/Fontana SOI)
Regional Industrial
(IR)/Open Space-Natural
(OS-N) (within
County/Fontana SOI)
*Prior to the adoption of Ordinance 982, the Industrial Employment (IE) zoning district was referred to as the Heavy Industrial (HI) district and
the Neo-Industrial (NI) district was referred to as the General Industrial (GI) district.
c. This General Plan Amendment changes the General Plan land use designation
for one project related parcel of land (APN: 0229-291-46) and a portion of a second parcel of land
(APN: 0229-291-23) to Industrial Employment District; and
d. This Project also necessitates amending the zoning map (DRC2020-00186) to
assign Pre-Zoning designation of APN: 0229-291-46 and a portion of APN: 0229-291-23 to
Industrial Employment (IE).
e. In addition to the subject General Plan Amendment, the Project scope includes:
Annexation (DRC2020-00185) to annex APN: 0229-291-46 and a portion of APN: 0229-291-23
into the City of Rancho Cucamonga; Pre-Zoning (DRC2020-00186) to assign a pre-zoning
designation of industrial Employment (IE) to those parcels or portions thereof to be annexed;
Tentative Parcel Map (SUBTPM20251) to create two new parcels; and Design Review
(DRC2020-00177), Conditional Use Permit (DRC2021-00317) and Uniform Sign Program
(DRC2020-00178) to permit the use, construction and signage of the proposed project. The
Project scope also includes the proposal by the applicant of a Development Agreement
(DRC2021-00175).
3. Based upon the substantial evidence presented to this Council during the above-
referenced public hearing on January 5, 2022, including written and oral staff reports, together
with public testimony, this Council hereby specifically finds as follows:
a. As originally requested, the General Plan Amendment is in the public interest as
it corrects a discrepancy whereas the current project site, which comprises two parcels which are
currently designated between two land use designations (General Industrial and Heavy
Industrial), would be redesignated under one land use designation of General Industrial. Further,
it removes a floating park designation that the City determined was unlikely to be built and
unnecessary in an industrial area of the City. These requests were addressed through the
adoption of the PlanRC General Plan Update, where the City Council made similar findings in
support thereof.
Page 95
CITY COUNCIL RESOLUTION NO. 2022-001
GPA DRC2020-00184 – HILLWOOD ENTERPRISES, L.P.
January 5th, 2022
Page 4
b. Approving the General Plan Amendment is in the public interest as it provides a
single land use designation of Industrial Employment District across the site, including those
parcels, or portions thereof to be annexed into the City. Implementing a land use designation of
Industrial Employment District, consistent with other similarly situated properties within the
vicinity, complies with General Plan Land Use and Community Character Policy LC-1.2 (Quality
of Place) which requires that the City “Ensure that new infill development is compatible with the
existing, historic, and envisioned future character and scale of each neighborhood.” The
development of the Project, including the construction of a new public street as a condition of
approval, will contribute positively to the community character of the surrounding area by
permitting significant site plan and aesthetic improvements to an underutilized project site while
also improving traffic circulation within the vicinity of the project area.
4. The General Plan Amendment, in addition to the Annexation, Pre-Zoning, Tentative
Parcel Map, Design Review, Conditional Use Permit, Uniform Sign Program and Development
Agreement (collectively, the “Project”), were environmentally reviewed pursuant to the California
Environmental Quality Act (CEQA) and the State CEQA Guidelines. Pursuant to CEQA
Guidelines Section 15060(d), the City determined that an EIR would clearly be required for the
Project, and therefore prepared an environmental impact report (EIR) that focused on the
potentially significant effects of the Project. By separate Resolution No. 2022-006, the City Council
has: (i) made the required CEQA findings and determinations, (ii) certified the Final EIR; and (iii)
adopted a Mitigation Monitoring and Reporting Program for the Project. Resolution No. 2022-006
is incorporated herein by reference and made a part hereof as if fully set forth herein. The
documents and other materials that constitute the record on which this determination was made
are located in the Planning Department and are in the custody of the Planning Director. Further,
the mitigation measures set forth therein are made applicable to the Project.
5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above,
this Council hereby approves General Plan Amendment DRC2020-00184 subject to each and
every condition set forth in the Conditions of Approval, attached hereto and incorporated herein
by this reference. The Official General Plan Land Use Map is hereby amended to change the land
use designation of the subject project area to Industrial Employment District as shown in
Attachment A. City staff is hereby directed to make any other necessary conforming changes to
the General Plan in order to facilitate this General Plan Amendment.
6. The City Clerk of the City of Rancho Cucamonga is hereby directed to: (a) certify to
the adoption of this Resolution, and (b) forthwith transmit a certified copy of this Resolution, by
certified mail, return receipt requested, to the Applicant, at the address identified in City records.
APPROVED AND ADOPTED THIS 5TH DAY OF JANUARY 2022.
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
Page 96
CITY COUNCIL RESOLUTION NO. 2022-001
GPA DRC2020-00184 – HILLWOOD ENTERPRISES, L.P.
January 5th, 2022
Page 5
foregoing Resolution was adopted at a regular meeting of the City Council held on the 5th day of
January 2022, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ATTEST: _______________________________
City Clerk of the City of Rancho Cucamonga
Page 97
CITY COUNCIL RESOLUTION NO. 2022-001
GPA DRC2020-00184 – HILLWOOD ENTERPRISES, L.P.
January 5th, 2022
Page 6
Attachment A
Page 98
RESOLUTION NO. 2022-002
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA APPROVING TENTATIVE PARCEL MAP
SUBTPM20251, A REQUEST TO SUBDIVIDE AN APPROXIMATE 35-
ACRE PROJECT SITE INTO TWO (2) PARCELS OF LAND RELATED
TO THE CONSTRUCTION OF TWO NEW INDUSTRIAL WAREHOUSE
BUILDINGS LOCATED APPROXIAMTELY 650 FEET EAST OF
ETIWANDA AVENUE NORTH OF NAPA STREET; AND MAKING
FINDINGS IN SUPPORT THEREOF - APNS: 0229-291-46 AND 54.
A. Recitals.
1.WHEREAS, Kimley-Horn and Associates, on behalf of Hillwood Enterprises, L.P.,
has filed an application for the approval of Tentative Parcel Map SUBTPM20251, as described
in the title of this Resolution. Hereinafter in this Resolution, the subject Tentative Parcel Map
request is referred to as "the application;" and
2.WHEREAS, on December 8, 2021, the Planning Commission of the City of
Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded
said hearing on that date at which point the Planning Commission voted unanimously to
recommend that the City Council approve SUBTPM20251; and
3.WHEREAS, on January 5, 2022, the City Council of the City of Rancho Cucamonga
conducted a duly noticed public hearing on the application and concluded said hearing on that
date; and
4.WHEREAS, all legal prerequisites prior to the adoption of this Resolution have
occurred.
B. Resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA,
HEREBY RESOLVES:
1. This Council hereby specifically finds that all of the facts set forth in the Recitals,
Part A, of this Resolution are true and correct.
2. Based upon the substantial evidence presented to this Council during the above-
referenced public hearing on January 5, 2022, including written and oral staff reports, together
with public testimony, this Council hereby specifically finds as follows:
a. The approximate 35-acre project site is located approximately 650 feet east of
Etiwanda Avenue, north of Napa Street. The project site is largely vacant, with an existing rail
spur running in a north-south orientation roughly bisecting the site which serves properties to
the south and existing Southern California Edison (SCE) overhead powerlines traversing the
site in an east-west orientation. The existing rail spur is proposed to remain, however the
existing overhead SCE powerlines are proposed to be relocated, running east-west at the
northern property line within the western portion of the project site, at which point the lines
would turn south, and near the frontage of the property be made to run roughly parallel to Napa
Street within the eastern portion of the project site. The proposed project includes the
Page 99
CITY COUNCIL RESOLUTION NO. 2022-002
SUBTPM20251 – HILLWOOD ENTERPRISES, L.P.
January 5, 2022
Page 2
construction of one new north-south street which will be located along the westerly property line
of the project area and will be designed to eventually connect to a future east-west street
located immediately south of the Metrolink railway and parallel to Napa Street; and
b. The existing General Plan Land Use and Zoning Designations for the project
site and adjacent properties are as follows:
Land Use General Plan Zoning*
Site Vacant
Industrial Employment District (for
portion within City); General
Industrial (GI)/ General Industrial (I-
G) (for portion within
County/Fontana SOI)
Industrial Employment
(IE) District (for portion
within City); Regional
Industrial (IR) (within
County) and General
Industrial (M-2) (for
portion within Fontana
SOI)
North Industrial Industrial Employment District Neo-Industrial (NI)
District
South
Industrial
(County/Fontan
a SOI)
General Industrial (GI), Special
Development (SD)/General
Industrial (I-G) (within
County/Fontana SOI)
Regional Industrial (IR);
Kaiser Commerce
Center Specific Plan
(KC/SP)/General
Industrial (M-2) (within
County/Fontana SOI)
West
Industrial and
East Etiwanda
Creek
Industrial Employment District Industrial Employment
(IE) District
East San Sevaine
Channel
Open Space (OS) and General
Industrial (GI) (within
County/Fontana SOI)
Regional Industrial
(IR)/Open Space-Natural
(OS-N) (within
County/Fontana SOI)
*Prior to the adoption of Ordinance 982, the Industrial Employment (IE) zoning district was referred to as the Heavy Industrial (HI) district
and the Neo-Industrial (NI) district was referred to as the General Industrial (GI) district.
c. The project is for the development of two new industrial warehouse buildings
on two new parcels of land: Building A will total approximately 500,648 square feet including
approximately 10,000 square feet of office space, and Building B will total approximately
155,230 square feet and include an office area of approximately 10,000 square feet square
feet; and
d. Tentative Parcel Map SUBTPM20251 is for the subdivision of the approximate
35-acre project site into two parcels of land. Proposed Building A, totaling approximately
500,648 square feet will be located on Parcel I which will total an area of approximately 26.73
acres. Building B, totaling approximately 155,230 square feet will be located on Parcel II which
will total an area of approximately 8.67 acres. The project will also result in the construction of a
Page 100
CITY COUNCIL RESOLUTION NO. 2022-002
SUBTPM20251 – HILLWOOD ENTERPRISES, L.P.
January 5, 2022
Page 3
new north-south public street to be located along the projects westerly boundary and which will
connect Napa Street to future road way expansions within the Southeast Industrial Quadrant
(SEIQ) of the City. Vehicular access to both parcels will be provided from Napa Street. The new
north-south public street will provide additional access to Parcel II; and
e. In addition to the subject Tentative Parcel Map, the project scope includes:
Annexation (DRC2020-00185) to annex APN: 0229-291-46 and a portion of APN: 0229-291-23
into the City of Rancho Cucamonga; General Plan Amendment (DRC2020-00184) to assign a
land use designation to parcels, and portions thereof to be annexed, and to redesignate
portions of the project area from Flood Control/Utility Corridor to Heavy Industrial, and remove a
Floating Park designation for APN: 0229-291-54; Pre-Zoning (DRC2020-00186) to assign a
pre-zoning designation to those parcels and portions thereof to be annexed; and Design
Review (DRC2020-00177), Conditional Use Permit (DRC2021-00317) and Uniform Sign
Program (DRC2020-00178) to permit the use, construction and signage of the proposed
project. The project scope also includes the proposal by the applicant of a Development
Agreement (DRC2021-00180; and
3. Based upon the substantial evidence presented to this Council during the above-
referenced meeting and upon the specific findings of facts set forth in paragraphs 1 and 2
above, this Council hereby finds and concludes as follows:
a. The tentative parcel map is consistent with the General Plan, Development
Code, and any applicable specific plans. The General Plan permits a variety of land uses within
industrial districts, such as warehouses, distribution centers and similar uses. The Development
Code, as affected by Ordinance 982, permits Storage Warehouses upon the approval of a
Conditional Use Permit.
b. The design or improvements of the tentative parcel map will be consistent with
the General Plan, Development Code, and any applicable specific plans. The proposed two
parcel tentative parcel map and the proposed industrial warehouse development comply with all
requirements of the General Plan and Development Code. Each parcel complies with the 0.5-
acre minimum lot size and 100-foot minimum lot width outlined in Table 17.36.040-1 of the
Development Code. Additionally, the proposed industrial warehouse development complies with
all of the related development standards including building setbacks, lot coverage, height,
parking and design; and
c. The site is physically suitable for the type of development proposed. The
project site is well suited for the proposed industrial warehouse development as it is located
along multiple street frontages, thereby providing multiple points of ingress/egress and
emergency services access; and
d. The site is physically suitable for the proposed density of development. The
proposed Project complies with applicable size and setback requirements under the
Development code.
e. The design of the subdivision is not likely to cause substantial environmental
damage and avoidable injury to humans and wildlife or their habitat. An Environmental Impact
Report was submitted as part of the review of the project which demonstrated that the project
would not have a significant impact on the environment upon implementation of identified
mitigation measures; and
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CITY COUNCIL RESOLUTION NO. 2022-002
SUBTPM20251 – HILLWOOD ENTERPRISES, L.P.
January 5, 2022
Page 4
f. The tentative parcel map is not likely to cause serious public health problems.
The subdivision of the project site is not expected to cause serious public health issues, as the
proposed tentative parcel map is for the subdivision of the project site into two separate parcels
in order to create two separate parcels for two new proposed industrial warehouse buildings.
The review of the project included the evaluation of environmental studies which concluded that
the project would not have a significant impact on the environment; and
g. The design of the tentative parcel map will not conflict with any easement
acquired by the public at large, now of record, for access through or use of the property within
the proposed subdivision. The subject property does not contain any easements that would limit
access to or use of the project site; and
4. The Tentative Parcel Map, in addition to the General Plan Amendment, Annexation,
Pre-Zoning, Design Review, Conditional Use Permit, Uniform Sign Program and Development
Agreement (collectively, the “Project”) were environmentally reviewed pursuant to the California
Environmental Quality Act, the State CEQA Guidelines, and the City’s Local CEQA Guidelines.
Pursuant to CEQA Guidelines Section 15060(d), the City determined that an EIR would clearly
be required for the Project, and therefore prepared an environmental impact report (EIR) that
focused on the potentially significant effects of the Project. By separate Resolution No. 2022-
006, the City Council has: (i) made the required CEQA findings and determinations, (ii) certified
the Final EIR; and (iii) adopted a Mitigation Monitoring and Reporting Program for the Project.
Resolution No. 2022-006 is incorporated herein by reference, and a made a part hereof as if
fully set forth herein. The documents and other materials that constitute the record on which
this determination was made are located in the Planning Department and are in the custody of
the Planning Director. Further, the mitigation measures set forth therein are made applicable to
the Project.
5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4
above, this Council hereby approves the application for Tentative Parcel Map SUBTPM20251
subject to each and every condition set forth in the Conditions of Approval, attached hereto and
incorporated herein by this reference.
6. The City Clerk of the City of Rancho Cucamonga is hereby directed t: (a) certify to
the adoption of this Resolution, and (b) forthwith transmit a certified copy of this Resolution, by
certified mail, return receipt requested, to the Applicant, at the address identified in City
records.
APPROVED AND ADOPTED THIS 5TH DAY OF JANUARY 2022.
CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA
BY:
L. Dennis Michael, Mayor
Page 102
CITY COUNCIL RESOLUTION NO. 2022-002
SUBTPM20251 – HILLWOOD ENTERPRISES, L.P.
January 5, 2022
Page 5
I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the
foregoing Resolution was adopted at a regular meeting of the City Council held on the 5th day of
January 2022, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ATTEST: _______________________________
City Clerk of the City of Rancho Cucamonga
Page 103
RESOLUTION NO. 2022-003
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING DESIGN
REVIEW DRC2020-00177, A REQUEST FOR SITE PLAN AND
ARCHITECTURAL REVIEW OF TWO NEW INDUSTRIAL
BUILDINGS TOTALING 655,878 SQUARE FEET ON AN
APPROXIMATE 35-ACRE PROJECT SITE LOCATED
APPROXIMATELY 650 FEET EAST OF ETIWANDA AVENUE AND
NORTH OF NAPA STREET; AND MAKING FINDINGS IN SUPPORT
THEREOF – APN: 0229-291-46 AND 54.
A. Recitals.
1.WHEREAS, Kimley-Horn and Associates, on behalf of Hillwood Enterprises, L.P.,
filed an application for the approval of Design Review DRC2020-00177, as described in the title
of this Resolution. Hereinafter in this Resolution, the subject Design Review request is referred
to as "the application;” and
2.WHEREAS, on December 8, 2021, the Planning Commission of the City of
Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded
said hearing on that date at which point the Planning Commission voted unanimously to
recommend that the City Council approve Design Review DRC2020-00177; and
3.WHEREAS, on January 5, 2022, the City Council of the City of Rancho Cucamonga
conducted a duly noticed public hearing on the application and concluded said hearing on that
date; and
4.WHEREAS, all legal prerequisites prior to the adoption of this Resolution have
occurred.
B. Resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA,
HEREBY RESOLVES:
1. This Council hereby specifically finds that all of the facts set forth in the Recitals,
Part A, of this Resolution are true and correct.
2. Based upon the substantial evidence presented to this Council during the
above-referenced public hearings on January 5, 2022, including written and oral staff reports,
together with public testimony, this Council hereby specifically finds as follows:
a. The approximate 35-acre project site is located approximately 650 feet east of
Etiwanda Avenue north of Napa Street; and
b. The project site is largely vacant, with an existing rail spur running in a north-
south orientation roughly bisecting the site which serves properties to the south and existing
Southern California Edison (SCE) overhead powerlines traversing the site in an east-west
orientation. The existing rail spur is proposed to remain, however the existing overhead SCE
powerlines are proposed to be relocated, running east-west at the northern property line within
Page 104
CITY COUNCIL RESOLUTION NO. 21-XX
DESIGN REVIEW DRC2020-00177–HILLWOOD ENTERPRISES, L.P.
January 5, 2022
Page 2
the western portion of the project site, at which point the lines would turn south, and near the
frontage of the property be made to run roughly parallel to Napa Street within the eastern
portion of the project site. The proposed project includes the construction of one new north-
south street which will be located along the westerly property line of the project area and will be
designed to eventually connect to a future east-west street located immediately south of the
Metrolink railway and parallel to Napa Street; and
c. The existing Land Use, General Plan and Zoning designations for the project
site and adjacent properties are as follows:
Land Use General Plan Zoning*
Site Vacant
Industrial Employment District (for
portion within City); General
Industrial (GI)/ General Industrial (I-
G) (for portion within
County/Fontana SOI)
Industrial Employment
(IE) District (for portion
within City); Regional
Industrial (IR) (within
County) and General
Industrial (M-2) (for
portion within Fontana
SOI)
North Industrial Industrial Employment District Neo-Industrial (NI)
District
South
Industrial
(County/Fontan
a SOI)
General Industrial (GI), Special
Development (SD)/General
Industrial (I-G) (within
County/Fontana SOI)
Regional Industrial (IR);
Kaiser Commerce
Center Specific Plan
(KC/SP)/General
Industrial (M-2) (within
County/Fontana SOI)
West
Industrial and
East Etiwanda
Creek
Industrial Employment District Industrial Employment
(IE) District
East San Sevaine
Channel
Open Space (OS) and General
Industrial (GI) (within
County/Fontana SOI)
Regional Industrial
(IR)/Open Space-Natural
(OS-N) (within
County/Fontana SOI)
*Prior to the adoption of Ordinance 982, the Industrial Employment (IE) zoning district was referred to as the Heavy Industrial (HI) district
and the Neo-Industrial (NI) district was referred to as the General Industrial (GI) district.
d. The project is for the development of two new industrial warehouse buildings
on two new parcels of land: Building A will total approximately 500,648 square feet including
approximately 10,000 square feet of office space, and Building B will total approximately
155,230 square feet and include an office area of approximately 10,000 square feet square
feet. The project requires 183 parking stalls and 79 trailer loading stalls for Building A and 97
parking stalls and 20 trailer loading stalls for Building B. Accordingly, the project provides 275
Page 105
CITY COUNCIL RESOLUTION NO. 21-XX
DESIGN REVIEW DRC2020-00177–HILLWOOD ENTERPRISES, L.P.
January 5, 2022
Page 3
parking stalls and 87 trailer loading stalls for Building A, and 108 parking stalls and 20 trailer
loading stalls for Building B; and
e. The project also includes an application to subdivide the project site into two
new parcels: Parcel I which will total approximately 26.73 acres in size and be developed with
Building A, and Parcel II, which will total approximately 8.67 acres in size and be developed with
Building B; and
f. The project complies with all requirements of the Development Code including
setbacks, parking, design, and landscape coverage; and
g. In addition to Design Review DRC2020-00177, the project scope includes:
Annexation (DRC2020-00185) to annex APN: 0229-291-46 and a portion of APN: 0229-291-23
into the City of Rancho Cucamonga; General Plan Amendment (DRC2020-00184), to assign a
land use designation to parcels, and portions thereof, to be annexed; Pre-Zoning (DRC2020-
00186) to assign a pre-zoning designation to those parcels and portions thereof to be annexed;
Tentative Parcel Map (SUBTPM20251) to create two new parcels; and Conditional Use Permit
(DRC2021-00317) and Uniform Sign Program (DRC2020-00178) to permit the use,
construction and signage of the proposed project. The project scope also includes the proposal
by the applicant of a Development Agreement (DRC2021-00180).
3. Based upon the substantial evidence presented to this Council during the above-
referenced meeting and upon the specific findings of facts set forth in paragraphs 1 and 2
above, this Council hereby finds and concludes as follows:
a. The proposed project is consistent with the General Plan. The proposed
industrial warehouse project will be consistent with the General Plan with the approval of
General Plan Amendment DRC2020-00184. The project site comprises two parcels: APN:
0229-291-54 and 0229-291-46. APN: 0229-291-54 which is located within the City of Rancho
Cucamonga, has a general plan land use designation of Industrial Employment District. APN:
0229-291-46 which is currently located within unincorporated San Bernardino County and within
the City of Fontana’s Sphere of Influence and which is proposed to be annexed into the City of
Rancho Cucamonga as part of this project, has a general plan land use designation of General
Industrial (GI) within San Bernardino County and General industrial (I-G) within the City of
Fontana Sphere of Influence. Further, the applicant also proposes to annex a portion of an
additional parcel which is not proposed to be developed as part of this development application
identified as APN: 0229-291-23 and which currently has a land use designation of General
Industrial (GI) within San Bernardino County and Public Utility (P-UC) within the City of Fontana
Sphere of Influence. The proposed General Plan Amendment will amend the land use
designation of the project site to Industrial Employment District, a land use designation which
permits the proposed industrial use. The General Plan Amendment will also amend the portion
of APN: 0229-291-23 to be annexed to Industrial Employment District, consistent with similarly
situated parcels located within the vicinity of the project; and
b. The proposed use is in accord with the objective of the Development Code and
the purposes of the district in which the site is located. Storage Warehouses are permitted
within the Industrial Employment (IE) District subject to the approval of a Conditional Use
Permit. The project will be in compliance with the Zoning Map with approval of the related Pre-
Zoning DRC2020-00186, which will amend the zoning designation of the parcels to be annexed
Page 106
CITY COUNCIL RESOLUTION NO. 21-XX
DESIGN REVIEW DRC2020-00177–HILLWOOD ENTERPRISES, L.P.
January 5, 2022
Page 4
to a pre-zoning designation of Industrial Employment, which will become effective upon the
approval of the annexation; and
c. The proposed use is in compliance with each of the applicable provisions of the
Development Code. The project will be in compliance with the Development Code with approval
of the related General Plan Amendment DRC2020-00184 and Pre-Zoning DRC2020-00186.
Storage Warehouses are permitted within the Industrial Employment (IE) District upon the
approval of a Conditional Use Permit. The project complies with all other development criteria
outlined in the Development Code including setbacks, parking and design; and
d. The proposed use, together with the conditions applicable thereto, will not be
detrimental to the public health, safety, or welfare, or materially injurious to properties or
improvements in the vicinity. The related environmental review outlines potential environmental
impacts related to the project and identifies project-specific mitigation measures that reduce
these impacts to less-than-significant. The proposed use will not be detrimental to the public
health, safety, or welfare, or be materially injurious to properties or improvements in the vicinity;
and
4. The Design Review, in addition to the General Plan Amendment, Annexation, Pre-
Zoning, Tentative Parcel Map, Conditional Use Permit, Uniform Sign Program and
Development Agreement (collectively, the “Project”) were environmentally reviewed pursuant to
the California Environmental Quality Act (CEQA), the State CEQA Guidelines. Pursuant to
CEQA Guidelines Section 15060(d), the City determined that an EIR would clearly be required
for the Project, and therefore prepared an environmental impact report (EIR) that focused on
the potentially significant effects of the Project. By separate Resolution No. 2022-006, the City
Council has: (i) made the required CEQA findings and determinations, (ii) certified the Final
EIR; and (iii) adopted a Mitigation Monitoring and Reporting Program for the Project.
Resolution No. 2022-006 is incorporated herein by reference, and made a part hereof as if fully
set forth herein. The documents and other materials that constitute the record on which this
determination was made are located in the Planning Department and are in the custody of the
Planning Director. Further, the mitigation measures set forth therein are made applicable to the
Project.
5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above,
this Council hereby approves the application for Design Review DRC2020-00177 subject to
each and every condition set forth in the Conditions of Approval, attached hereto and
incorporated herein by this reference.
6. The City Clerk of the City of Rancho Cucamonga is hereby directed to: (a) certify to the
adoption of this Resolution, and (b) forthwith transmit a certified copy of this Resolution, by
certified mail, return receipt requested to the applicant at the address identified in City records.
APPROVED AND ADOPTED THIS 5TH DAY OF JANUARY 2022.
CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA
BY:
Page 107
CITY COUNCIL RESOLUTION NO. 21-XX
DESIGN REVIEW DRC2020-00177–HILLWOOD ENTERPRISES, L.P.
January 5, 2022
Page 5
L. Dennis Michael, Mayor
I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the
foregoing Resolution was adopted at a regular meeting of the City Council held on the 5th day of
January 2022, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ATTEST: _______________________________
City Clerk of the City of Rancho Cucamonga
Page 108
RESOLUTION NO. 2022-004
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT
DRC2021-00317, A REQUEST TO ALLOW CERTAIN LOGISTICAL
WAREHOUSE USES, RELATED TO THE CONSTRUCTION OF TWO NEW
INDUSTRIAL WAREHOUSE BUILDINGS TOTALING APPROXIMATELY
655,878 SQUARE FEET ON CERTAIN PROPERTY LOCATED
APPROXIMATELY 650 FEET EAST OF ETIWANDA AVENUE AND NORTH OF
NAPA STREET; AND MAKING FINDINGS IN SUPPORT THEREOF – APNS:
0229-291-46 AND 54.
A. Recitals.
1.WHEREAS, Kimley-Horn and Associates, on behalf of Hillwood Enterprises, L.P., filed an
application for the approval of Conditional Use Permit DRC2021-00317 for the following uses at two
logistics warehouses at the site described in the title of this resolution: Storage Warehouse, Large Light
Manufacturing, and Large Fulfillment/Distribution Center. Hereinafter in this Resolution, the subject
Conditional Use Permit request is referred to as "the application;" and
2.WHEREAS, on December 8, 2021, the Planning Commission of the City of
Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said
hearing on that date at which point the Planning Commission voted unanimously to recommend that the
City Council approve Conditional Use Permit DRC2021-00317; and
3.WHEREAS, on January 5, 2022, the City Council of the City of Rancho Cucamonga
conducted a duly noticed public hearing on the application and concluded said hearing on that date; and
4.WHEREAS, All legal prerequisites prior to the adoption of this Resolution have occurred.
B. Resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY
RESOLVES:
1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of
this Resolution are true and correct.
2. Based upon the substantial evidence presented to this Council during the above-referenced
public hearing on January 5, 2022, including written and oral staff reports, together with public testimony,
this Council hereby specifically finds as follows:
a. The approximate 35-acre project site is located approximately 650 feet east of Etiwanda
Avenue, north of Napa Street. The project site is largely vacant, with an existing rail spur running in a
north-south orientation roughly bisecting the site which serves properties to the south and existing
Southern California Edison (SCE) overhead powerlines traversing the site in an east-west orientation.
The existing rail spur is proposed to remain, however the existing overhead SCE powerlines are
proposed to be relocated, running east-west at the northern property line within the western portion of the
project site, at which point the lines would turn south, and near the frontage of the property be made to
run roughly parallel to Napa Street within the eastern portion of the project site. The proposed project
includes the construction of one new north-south street which will be located along the westerly property
line of the project area and will be designed to eventually connect to a future east-west street located
immediately south of the Metrolink railway and parallel to Napa Street; and
Page 109
CITY COUNCIL RESOLUTION NO. 2022-004
CUP DRC2021-0031 – HILLWOOD ENTERPRISES, L.P.
January 5, 2022
Page 2
b. The existing Land Use, General Plan and Zoning Designations for the project site and
adjacent properties are as follows:
Land Use General Plan Zoning*
Site Vacant
Industrial Employment District (for
portion within City); General
Industrial (GI)/ General Industrial (I-
G) (for portion within
County/Fontana SOI)
Industrial Employment
(IE) (for portion within
City); Regional Industrial
(IR) (within County) and
General Industrial (M-2)
(for portion within
Fontana SOI)
North Industrial Industrial Employment District Neo-Industrial (NI)
South
Industrial
(County/Fontana
SOI)
General Industrial (GI), Special
Development (SD)/General
Industrial (I-G) (within
County/Fontana SOI)
Regional Industrial (IR);
Kaiser Commerce
Center Specific Plan
(KC/SP)/General
Industrial (M-2) (within
County/Fontana SOI)
West
Industrial and
East Etiwanda
Creek
Industrial Employment District Industrial Employment
(IE)
East San Sevaine
Channel
Open Space (OS) and General
Industrial (GI) (within
County/Fontana SOI)
Regional Industrial
(IR)/Open Space-Natural
(OS-N) (within
County/Fontana SOI)
*Prior to the adoption of Ordinance 982, the Industrial Employment (IE) zoning district was referred to as the Heavy Industrial (HI) district
and the Neo-Industrial (NI) district was referred to as the General Industrial (GI) district.
c. In addition to the subject Conditional Use Permit, the project scope includes: Annexation
(DRC2020-00185) to annex APN: 0229-291-46 and a portion of APN: 0229-291-23 into the City of
Rancho Cucamonga; General Plan Amendment (DRC2020-00184) to assign a land use designation to
parcels, and portions thereof, to be annexed; Pre-Zoning (DRC2020-00186) to assign a pre-zoning
designation to those parcels and portions thereof to be annexed; Tentative Parcel Map (SUBTPM20251)
to create two new parcels; and Design Review (DRC2020-00177), Conditional Use Permit (DRC2021-
00317) and Uniform Sign Program (DRC2020-00178) to permit the use, construction and signage of the
proposed project. The project scope also includes the proposal by the applicant of a Development
Agreement (DRC2021-00180); and
d. The project is for the development of two new industrial warehouse buildings on two
new parcels of land: Building A will total approximately 500,648 square feet including approximately
10,000 square feet of office space, and Building B will total approximately 155,230 square feet and
include an office area of approximately 10,000 square feet square feet; and
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CITY COUNCIL RESOLUTION NO. 2022-004
CUP DRC2021-0031 – HILLWOOD ENTERPRISES, L.P.
January 5, 2022
Page 3
e. The project requires 183 parking stalls and 79 trailer loading stalls for Building A and 97
parking stalls and 20 trailer loading stalls for Building B. Accordingly, the project provides 275 parking
stalls and 87 trailer loading stalls for Building A, and 108 parking stalls and 20 trailer loading stalls for
Building B; and
f. The project’s compliance with the related development standards is shown in the
following tables:
Parking Ratio Required
Parking
Provided
Parking Complies?
Warehouse/storage
and office
1 per 1,000 sf for the first
20,000 sf; 1 per 2,000 sf for
the next 20,000 sf, and 1 per
4,000 sf for remaining sf
Office requires 1 per 250 sf
Building
A: 183
stalls;
Building
B: 97
stalls
Building A:
275;
Building B:
108
YES
Development
Standard Required Proposed Complies?
Building Height
Maximum 35 feet (at front
setback) and
75 feet (1-foot increment
from the front setback
line)
Building A: (var.) 46-58.5 feet
(beyond setback); Building B:
(var.) 38-50.5 feet (beyond
front setback)
YES
Floor Area Ratio
(FAR)40-50%Building A: 42.9%; Building B:
41.1%YES
Front Building
Setback Min. 25 feet
Building A: 46 feet (Napa St.);
Building B: 39.5 feet (Via
Maris Place)
YES
Street Side
Setback
Min. 25 Feet (Napa Street
for Building B)69 feet (approx.)YES
Average Depth of
Landscape 25 feet 27 feet (Via Maris Place); 25
feet (Napa St.)YES
Parking Setback Min. 15 feet (var.) 15-31 feet (approx.)YES
Interior Side Yard
Setback Min. 5 feet
Building A: 314.5 feet (west
PL), 126 feet (east PL);
Building B: 137.3 (northerly
property line)
YES
Rear Yard
Setback Min. 0 feet Building A: 144 feet (approx.);
Building B: 75.3 YES
Open
Space/Landscape
Standards
5%Building A: 8.3%; Building B:
10.7%YES
Note: the proposed “Alternative Site Plan” proposing only Building A also meets all
relevant development standards
Page 111
CITY COUNCIL RESOLUTION NO. 2022-004
CUP DRC2021-0031 – HILLWOOD ENTERPRISES, L.P.
January 5, 2022
Page 4
Trailer Loading
Stalls 1 per loading dock
Building
A: 79;
Building
B: 20
Building A:
87;
Building B:
20
YES
3. Based upon the substantial evidence presented to this Council during the above-referenced
public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Council
hereby finds and concludes as follows:
a. The proposed uses are consistent with the General Plan. Allowing the proposed uses at
the proposed location would be consistent with and help achieve the goals, objectives and policies of the
general plan and the development code. Storage Warehouses are permitted within the Industrial
Employment (IE) District subject to the approval of a Conditional Use Permit. Large Light Manufacturing,
and Large Fulfillment/Distribution Center which are permitted subject to the approval of a Minor Use
Permit. Allowing the proposed uses at the proposed location would achieve General Plan Goal LC-6
(Active Centers) which provides that he City shall achieve “a rich variety of commercial and mixed-use
centers throughout the city, which bring a range of opportunities for shopping, dining, recreations,
commerce, employment, arts and culture within easty reach of all neighborhoods.”
b. The proposed uses are consistent with the purposes of the development code and the
purposes of the applicable zoning district as well as any applicable specific plans or city
regulations/standards. The proposed improvements of the site, including building design, height and bulk
of buildings, setbacks fencing, landscaping, signage size and location are compatible with the
surrounding neighborhood or area. The project meets all relevant development standards including
height, setbacks, fencing and landscaping. The buildings design, including bulk and massing, comply
with design criteria established by the Development Code.
c. The site is physically suitable for the type, density and intensity of the uses being
proposed, including access, utilities, and the absence of physical constraints that would make conduct of
the use undesirable. Adequate public facilities and services are available to serve the proposed use or
will be made available concurrent with the proposed development. The project has street frontage on
Napa Street and a new north south street proposed along the westerly boundary of the project area. The
site is served, or will be conditioned to be served by, services and utilities provided by Burrtec Waste
Industries, Southern California Edison, Rancho Cucamonga Municipal Utility, and all other public and
private services that accommodate the proposed project.
d. The design, location, size and operating characteristics of the proposd uses would be
compatible with the existing and other permitted uses in the vicinity including transportation and service
facilities. The operating characteristics of the proposed uses, including traffic, noise, light, and other
characteristics, will be in keeping with the character of the neighborhood and other adjacent uses in the
vicinity. The project involves the construction of two new industrial warehouse uses of similar scale and
characteristics to those within the surrounding vicinity. The proposed use is required to comply with all
relevant industrial performance standards pursuant to the Development Code for noise, vibration,
particulate matter and air contaminants, odor, and humidity, heat, and glare. Further, the Environmental
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CITY COUNCIL RESOLUTION NO. 2022-004
CUP DRC2021-0031 – HILLWOOD ENTERPRISES, L.P.
January 5, 2022
Page 5
Impact Report prepared for the project identified mitigation measures which when implemented will
mitigate traffic characteristics to less than significant levels
e. Granting the permit would not constitute a nuisance or be injurious or detrimental to the
public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or
improvements in the vicinity and zoning district in which the property is located. The factors to be
considered in making this finding include: i) property damage or nuisance arising from noise, smoke,
odor, dust, vibration or illumination caused by the use; ii) hazard to persons or property from possible
explosion, contamination, fire or flood caused by the use; and iii) significantly increase the volume of
traffic or negatively alter the pattern of traffic. The Environmental Impact Report prepared for the project
outlines potential environmental impacts related to the project and identifies project-specific mitigation
measures that reduce these impacts to less-than-significant. The proposed use will not be detrimental to
the public health, safety, or welfare, or be materially injurious to properties or improvements in the
vicinity.
f. The proposed uses will not pose an undue burden on city services, including police, fire,
streets, and other public utilities, such that the city is unable to maintain its current level of service due to
the use. The EIR demonstrates that the project will not cause an impact to public services. The
developer and the City have negotiated a development agreement which will result in the developer
paying the City a Community Benefit Fee to further offset any impacts to city services, including street
facilities.
g. The proposed project has been reviewed in compliance with the California
Environmental Quality Act (CEQA). An Environmental Impact Report (SCH: 2020090076) has been
prepared for this project.
4. The Conditional Use Permit, in addition to the General Plan Amendment, Annexation, Pre-
Zoning, Tentative Parcel Map, Design Review, Uniform Sign Program and Development Agreement
(collectively, the “Project”) were environmentally reviewed pursuant to the California Environmental
Quality Act (CEQA), the State CEQA Guidelines. Pursuant to CEQA Guidelines Section 15060(d), the
City determined that an EIR would clearly be required for the Project, and therefore prepared an
environmental impact report (EIR) that focused on the potentially significant effects of the Project. . By
separate Resolution No. 2022-006, the City Council has: (i) made the required CEQA findings and
determinations, (ii) certified the Final EIR; and (iii) adopted a Mitigation Monitoring and Reporting
Program for the Project. Resolution No. 2022-006 is incorporated herein by reference, and made a part
hereof as if fully set forth herein. The documents and other materials that constitute the record on which
this determination was made are located in the Planning Department and are in the custody of the
Planning Director. Further, the mitigation measures set forth therein are made applicable to the
Project..
5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this
Council hereby approves the application for Conditional Use Permit DRC2021-00317 subject to each
and every condition set forth in the Conditions of Approval, attached hereto and incorporated
herein by this reference.
Page 113
CITY COUNCIL RESOLUTION NO. 2022-004
CUP DRC2021-0031 – HILLWOOD ENTERPRISES, L.P.
January 5, 2022
Page 6
6. The City Clerk of the City of Rancho Cucamonga is hereby directed to: (a) certify to the
adoption of this Resolution, and (b) forthwith transmit a certified copy of this Resolution, by certified mail,
return receipt requested to the applicant at the address identified in City records.
APPROVED AND ADOPTED THIS 5TH DAY OF JANUARY 2022.
CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA
BY:
L. Dennis Michael, Mayor
I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing
Resolution was adopted at a regular meeting of the City Council held on the 5th day of January 2022, by
the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ATTEST:_______________________________
City Clerk of the City of Rancho Cucamonga
Page 114
RESOLUTION NO. 2022-005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING UNIFORM SIGN
PROGRAM DRC2020-00178, A REQUEST TO ESTABLISH A
UNIFORM SIGN PROGRAM RELATED TO A PROPOSED
DEVELOPMENT ON AN APPROXIMATE 35-ACRE PROJECT SITE ON
CERTAIN PROPERTY LOCATED APPROXIAMTELY 650 FEET EAST
OF ETIWANDA AVENUE NORTH OF NAPA STREET; AND MAKING
FINDINGS IN SUPPORT THEREOF – APN: 0229-291-46 AND 0229-
291-54.
A. Recitals.
1.WHEREAS, Kimley-Horn and Associates, on behalf of Hillwood Enterprises, L.P.,
filed an application for the approval of Uniform Sign Program DRC2020-00178, as described in
the title of this Resolution. Hereinafter in this Resolution, the subject Uniform Sign Program
request is referred to as "the application;" and
2.WHEREAS, on December 8, 2021, the Planning Commission of the City of
Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded
said hearing on that date at which point the Planning Commission voted unanimously to
recommend that the City Council approve Uniform Sign Program DRC2020-00178; and
3.WHEREAS, on January 5, 2022, the City Council of the City of Rancho Cucamonga
conducted a duly noticed public hearing on the application and concluded said hearing on that
date; and
4.WHEREAS, all legal prerequisites prior to the adoption of this Resolution have
occurred.
B. Resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA,
HEREBY RESOLVES:
1. This Council hereby specifically finds that all of the facts set forth in the Recitals,
Part A, of this Resolution are true and correct.
2. Based upon the substantial evidence presented to this Council during the above-
referenced public hearing on January 5, 2022, including written and oral staff reports, together
with public testimony, this Council hereby specifically finds as follows:
a. The approximate 35-acre project site is located approximately 650 feet east of
Etiwanda Avenue north of Napa Street; and
b. The project site is largely vacant, with an existing rail spur running in a north-
south orientation roughly bisecting the site which serves properties to the south and existing
Southern California Edison (SCE) overhead powerlines traversing the site in an east-west
orientation. The existing rail spur is proposed to remain, however the existing overhead SCE
Page 115
CITY COUNCIL RESOLUTION NO. 21-XX
USP DRC2020-00178 – HILLWOOD ENTERPRISES, L.P.
January 5, 2022
Page 2
powerlines are proposed to be relocated, running east-west at the northern property line within
the western portion of the project site, at which point the lines would turn south, and near the
frontage of the property be made to run roughly parallel to Napa Street within the eastern
portion of the project site. The proposed project includes the construction of one new north-
south street which will be located along the westerly property line of the project area and will be
designed to eventually connect to a future east-west street located immediately south of the
Metrolink railway and parallel to Napa Street;
c. The existing General Plan Land Use and Zoning Designations for the project
site and adjacent properties are as follows:
Land Use General Plan Zoning*
Site Vacant
Industrial Employment District (for
portion within City); General
Industrial (GI)/ General Industrial (I-
G) (for portion within
County/Fontana SOI)
Industrial Employment
(IE) District (for portion
within City); Regional
Industrial (IR) (within
County) and General
Industrial (M-2) (for
portion within Fontana
SOI)
North Industrial Industrial Employment District Neo-Industrial (NI)
District
South
Industrial
(County/Fontan
a SOI)
General Industrial (GI), Special
Development (SD)/General
Industrial (I-G) (within
County/Fontana SOI)
Regional Industrial (IR);
Kaiser Commerce
Center Specific Plan
(KC/SP)/General
Industrial (M-2) (within
County/Fontana SOI)
West
Industrial and
East Etiwanda
Creek
Industrial Employment District Industrial Employment
(IE) District
East San Sevaine
Channel
Open Space (OS) and General
Industrial (GI) (within
County/Fontana SOI)
Regional Industrial
(IR)/Open Space-Natural
(OS-N) (within
County/Fontana SOI)
*Prior to the adoption of Ordinance 982, the Industrial Employment (IE) zoning district was referred to as the Heavy Industrial (HI) district
and the Neo-Industrial (NI) district was referred to as the General Industrial (GI) district.
d. The project is for the development of two new industrial warehouse buildings
on two new parcels of land: Building A will total approximately 500,648 square feet including
approximately 10,000 square feet of office space, and Building B will total approximately
155,230 square feet and include an office area of approximately 10,000 square feet square
feet. The project requires 183 parking stalls and 79 trailer loading stalls for Building A and 97
parking stalls and 20 trailer loading stalls for Building B. Accordingly, the project provides 275
Page 116
CITY COUNCIL RESOLUTION NO. 21-XX
USP DRC2020-00178 – HILLWOOD ENTERPRISES, L.P.
January 5, 2022
Page 3
parking stalls and 87 trailer loading stalls for Building A, and 108 parking stalls and 20 trailer
loading stalls for Building B; and
e. Uniform Sign Program DRC2020-00178 will establish a Uniform Sign Program
for the development. The program contains the location and conceptual design of all signs for
the project as well as project monumentation; and
f. In addition to the subject Uniform Sign Program, the project scope includes:
Annexation (DRC2020-00185) to annex APN: 0229-291-46 and a portion of APN: 0229-291-23
into the City of Rancho Cucamonga; General Plan Amendment (DRC2020-00184) to assign a
land use designation to parcels, and portions thereof to be annexed; Pre-Zoning (DRC2020-
00186) to assign a pre-zoning designation to those parcels and portions thereof to be annexed;
Tentative Parcel Map SUBTPM20251 to create two new parcels, and Design Review
(DRC2020-00177), and Conditional Use Permit (DRC2021-00317) to permit the use,
construction and signage of the proposed project. The project scope also includes the proposal
by the applicant of a Development Agreement (DRC2021-00180; and
3. Based upon the substantial evidence presented to this Council during the above-
referenced meeting and upon the specific findings of facts set forth in paragraphs 1 and 2
above, this Council hereby finds and concludes as follows:
a. The proposed uniform sign program is consistent with the development
standards for signs as provided in chapter 17.74 (Sign Regulations for Private Property). The
proposed signage complies with all related Development Code sign regulation; and
b. The design, location, and scale of proposed signs for the integrated
development are in keeping with the architectural character of the development. The signs are
designed to complement the proposed development including size and scale; and
4. The Uniform Sign Program, in addition to the General Plan Amendment, Annexation,
Pre-Zoning, Tentative Parcel Map, Design Review, Conditional Use Permit and Development
Agreement (collectively, the “Project”) were environmentally reviewed pursuant to the California
Environmental Quality Act (CEQA), the City’s Local CEQA Guidelines, and the State CEQA
Guidelines. Pursuant to CEQA Guidelines Section 15060(d), the City determined that an EIR
would clearly be required for the Project, and therefore prepared an environmental impact
report (EIR) that focused on the potentially significant effects of the Project. By separate
Resolution No. 2022-006, the City Council has: (i) made the required CEQA findings and
determinations, (ii) certified the Final EIR; and (iii) adopted a Mitigation Monitoring and
Reporting Program for the Project. Resolution No. 2022-006 is incorporated herein by
reference, and made a part hereof as if fully set forth herein. The documents and other
materials that constitute the record on which this determination was made are located in the
Planning Department and are in the custody of the Planning Director. Further, the mitigation
measures set forth therein are made applicable to the Project.
5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4
above, this Council hereby approves the application for Uniform Sign Program DRC2020-00178
subject to each and every condition set forth in the Conditions of Approval, attached hereto and
incorporated herein by this reference.
6. The City Clerk of the City of Rancho Cucamonga is hereby directed t: (a) certify to
Page 117
CITY COUNCIL RESOLUTION NO. 21-XX
USP DRC2020-00178 – HILLWOOD ENTERPRISES, L.P.
January 5, 2022
Page 4
the adoption of this Resolution, and (b) forthwith transmit a certified copy of this Resolution, by
certified mail, return receipt requested to the applicant at the address identified in City records.
APPROVED AND ADOPTED THIS 5TH DAY OF JANUARY 2021.
CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA
BY:
L. Dennis Michael, Mayor
I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the
foregoing Resolution was adopted at a regular meeting of the City Council held on the 5th day of
January 2022, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ATTEST: _______________________________
City Clerk of the City of Rancho Cucamonga
Page 118
H748-028 -- 4210543.1
ORDINANCE NO. 993
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA APPROVING DEVELOPMENT
AGREEMENT DRC2021-00175 BETWEEN THE CITY OF
RANCHO CUCAMONGA AND HILLWOOD ENTERPRISES, L.P.,
TO FACILITATE THE DEVELOPMENT OF TWO NEW
INDUSTRIAL BUILDINGS TOTALING APPROXIMATELY
655,878 SQUARE FEET ON AN APPROXIMATE 35-ACRE
PROJECT SITE LOCATED APPROXIMATELY 650 FEET EAST
OF ETIWANDA AVENUE AND NORTH OF NAPA STREET; AND
MAKING FINDINGS IN SUPPORT THEREOF – APN: 0229-291-
46 AND 54.
A. Recitals.
1.WHEREAS, Kimley-Horn and Associates, on behalf of Hillwood Enterprises, L.P.
(the “Applicant”), filed an application for and negotiated the terms of Development Agreement
DRC2021-00175, as described in the title of this Ordinance and attached hereto as Exhibit 1.
Hereinafter in this Ordinance, the subject development agreement is referred to as the
“application" or the “Development Agreement;” and
2.WHEREAS, On December 8, 2021, the Planning Commission of the City of
Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded
said hearing on that date at which point the Planning Commission voted unanimously to
recommend that the City Council approve Development Agreement DRC2021-00175; and
3.WHEREAS, On January 5, 2022, the City Council conducted a duly noticed public
hearing, concluded said hearing on that date, and thereafter introduced for first reading this
Ordinance ; and
4.WHEREAS, All legal prerequisites prior to the adoption of this Ordinance have
occurred.
B. Ordinance.
NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does ordain as
follows:
SECTION 1. The City Council hereby specifically finds that all of the facts set forth in the
Recitals, Part A, of this Ordinance are true and correct.
SECTION 2. Based upon the substantial evidence presented to the City Council during
the above-referenced public hearing on January 5, 2022, including written and oral staff reports,
together with public testimony, the City Council hereby specifically finds as follows:
a. The application applies to the approximately 35-acre project site which
comprises two parcels, APN: 0229-291-46 and 0229-291-54. The project site is located
approximately 650 feet east of Etiwanda Avenue, north of Napa Street. The project site is
Page 119
-2-
H748-028 -- 4210543.1
largely vacant, with an existing rail spur running in a north-south orientation roughly bisecting
the site which serves properties to the south and existing Southern California Edison (SCE)
overhead powerlines traversing the site in an east-west orientation. The existing rail spur is
proposed to remain; however, the existing overhead SCE powerlines are proposed to be
relocated, running east-west at the northern property line within the western portion of the
project site, at which point the lines would turn south, and near the frontage of the property be
made to run roughly parallel to Napa Street within the eastern portion of the project site. The
proposed project includes the construction of one new north-south street which will be located
along the westerly property line of the project area and will be designed to eventually connect
to a future east-west street located immediately south of the Metrolink railway and parallel to
Napa Street; and
b. Concurrent with this application, the Applicant represented that it will apply
to the San Bernardino County Local Area Formation Commission for Annexation (DRC2020-
00185) to annex APN: 0229-291-46 and a portion of APN: 0229-291-23 into the City of
Rancho Cucamonga, among other conforming changes of organization; General Plan
Amendment (DRC2020-00184) to assign a land use designation to parcels, and portions
thereof, to be annexed; Pre-Zoning (DRC2020-00186) to assign a pre-zoning designation to
those parcels to be annexed; Tentative Parcel Map (SUBTPM20251) to create two new
parcels; and Design Review (DRC2020-00177), Conditional Use Permit (DRC2021-00317)
and Uniform Sign Program (DRC2020-00178) to permit the use, construction and signage of
the proposed project; and
c. Development of the project is governed by the City’s General Plan,
Development Code, all entitlements associated with the project, and the subject Development
Agreement between the City and Owner’s predecessor in interest; and
d. The existing Land Use, General Plan and Zoning Designations for the
project site and adjacent properties are as follows:
Land Use General Plan Zoning*
Site Vacant
Industrial Employment District (for
portion within City); General
Industrial (GI)/ General Industrial (I-
G) (for portion within
County/Fontana SOI)
Industrial Employment
(IE) District (for portion
within City); Regional
Industrial (IR) (within
County) and General
Industrial (M-2) (for
portion within Fontana
SOI)
North Industrial Industrial Employment District Neo-Industrial (NI)
District
South
Industrial
(County/Fontana
SOI)
General Industrial (GI), Special
Development (SD)/General
Industrial (I-G) (within
County/Fontana SOI)
Regional Industrial (IR);
Kaiser Commerce
Center Specific Plan
(KC/SP)/General
Industrial (M-2) (within
County/Fontana SOI)
Page 120
-3-
H748-028 -- 4210543.1
West
Industrial and
East Etiwanda
Creek
Industrial Employment District Industrial Employment
(IE) District
East San Sevaine
Channel
Open Space (OS) and General
Industrial (GI) (within
County/Fontana SOI)
Regional Industrial
(IR)/Open Space-Natural
(OS-N) (within
County/Fontana SOI)
*Prior to the adoption of Ordinance 982, the Industrial Employment (IE) zoning district was referred to as the Heavy Industrial (HI) district and
the Neo-Industrial (NI) district was referred to as the General Industrial (GI) district.
e. The Project is for the development of two new industrial warehouse
buildings on two new parcels of land: Building A will total approximately 500,648 square feet
including approximately 10,000 square feet of office space and Building B will total
approximately 155,230 square feet and include an office area of approximately 10,000 square
feet square feet. The Project requires 183 parking stalls and 79 trailer loading stalls for
Building A and 97 parking stalls and 20 trailer loading stalls for Building B. Accordingly, the
Project provides 275 parking stalls and 87 trailer loading stalls for Building A, and 108 parking
stalls and 20 trailer loading stalls for Building B; and
f. As part of the Project, and in accordance with the California Environmental
Quality Act (“CEQA”), the City has prepared Environmental Impact Report SCH No.
2020090076 (EIR), which analyzed the potential environmental impacts of the Project and
related approvals; and
g. Pursuant to Section 17.22.060 of the Development Code, Development
Agreements have been determined to be beneficial to the public in that:
i. Development Agreements increase the certainty in the approval of
development projects, thereby preventing the waste of resources, reducing the
cost of development to the consumer, and encouraging investment in and
commitment to comprehensive planning, all leading to the maximum efficient
utilization of resources at the least economic cost to the public.
ii. Development Agreements provide assurance to the applicant for a
development project that upon approval of the Project, the applicant may
proceed with the Project in accordance with existing policies, rules and
regulations, and subject to conditions of approval, thereby strengthening the
public planning process, encouraging private participation in comprehensive
planning, and reducing the economic costs of development.
iii. Development Agreements enable the City to plan for and finance public
facilities, including, but not limited to, streets, sewerage, transportation,
drinking water, school, and utility facilities, thereby removing a serious
impediment to the development of new housing.”
h. The proposed Development Agreement Amendment is being made and
entered into for the Project to ensure that the above three goals are fulfilled; and
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i. The Project complies with all requirements of the Development Code
including setbacks, parking, design, and landscape coverage; and
SECTION 3. Based upon the substantial evidence presented to the City Council during
the above-referenced public hearing and upon the specific findings of facts set forth in Sections
1 and 2 above, the City Council hereby finds and concludes as follows:
a. The proposed Project is consistent with the General Plan. The proposed
industrial warehouse project will be consistent with the General Plan with the approval of General
Plan Amendment DRC2020-00184. The Project site comprises two parcels: APN: 0229-291-54
and 0229-291-46. APN: 0229-291-54 which is located within the City of Rancho Cucamonga and
has a general plan land use designation of Industrial Employment District. APN: 0229-291-46
which is currently located within unincorporated San Bernardino County and within the City of
Fontana’s Sphere of Influence and which is proposed to be annexed into the City of Rancho
Cucamonga as part of this project, has a general plan land use designation by San Bernardino
County of General Industrial (GI) and a land use designation by the City of Fontana as General
Industrial (I-G). Concurrent with the proposed annexation, the proposed General Plan
Amendment will amend the land use designation of the parcels to be annexed to Industrial
Employment District, a land use designation which permits the proposed industrial use.
b. The proposed use is in accord with the objective of the Development Code
and the purposes of the district in which the site is located. Storage Warehouses are permitted
within the Industrial Employment (IE) District subject to the approval of a Conditional Use Permit.
Conditional Use Permit DRC2021-00317 was submitted for the operation of a Storage
Warehouse. The Project will be in compliance with the Zoning Map with approval of the related
Pre-Zoning DRC2020-00186, which will amend the zoning designation of the parcels to be
annexed to a pre-zoning designation of Industrial Employment (IE) District.
c. The proposed use is in compliance with each of the applicable provisions
of the Development Code. The Project will be in compliance with the Development Code with
approval of the related General Plan Amendment DRC2020-00184 and Pre-Zoning DRC2020-
00186. Storage Warehouses are permitted within the Industrial Employment (IE) District upon the
approval of a Conditional Use Permit. The Project complies with all other development criteria
outlined in the Development Code including setbacks, parking and design.
d. The proposed use, together with the conditions applicable thereto, will not
be detrimental to the public health, safety, or welfare, or materially injurious to properties or
improvements in the vicinity. The related environmental review outlines potential environmental
impacts related to the Project and identifies project-specific mitigation measures that reduce these
impacts to less-than-significant. The proposed use will not be detrimental to the public health,
safety, or welfare, or be materially injurious to properties or improvements in the vicinity.
SECTION 4. The Development Agreement, in addition to the Annexation, Pre-Zoning,
General Plan Amendment, Tentative Parcel Map, Design Review, Conditional Use Permit and
Uniform Sign Program (collectively, the “Project”) were environmentally reviewed pursuant to the
California Environmental Quality Act (CEQA) and the State CEQA Guidelines. Pursuant to CEQA
Guidelines Section 15060(d), the City determined that an EIR would clearly be required for the
Project, and therefore prepared an environmental impact report (EIR) that focused on the
potentially significant effects of the Project. By separate Resolution No. 2022-006, the City Council
has: (i) made the required CEQA findings and determinations, (ii) certified the Final EIR; and (iii)
adopted a Mitigation Monitoring and Reporting Program for the Project. Resolution No. 2022-
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006is incorporated herein by reference, and made a part hereof as if fully set forth herein. The
documents and other materials that constitute the record on which this determination was made
are located in the Planning Department and are in the custody of the Planning Director. Further,
the mitigation measures set forth therein are made applicable to the Project.
SECTION 5. On the basis of the foregoing and the totality of the administrative record
before it, the City Council hereby approves Development Agreement DRC2021-00175 as shown
in Exhibit 1.
SECTION 6. If any section, subsection, subdivision, paragraph, sentence, clause or
phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid,
or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or
effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council
hereby declares that it would have passed each section, subsection, subdivision, paragraph,
sentence, clause or phrase thereof irrespective of the fact that any one or more sections,
subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared
unconstitutional, invalid, or ineffective.
SECTION 7.The City Clerk shall certify to the adoption of this Ordinance and shall cause
the same to be published in the manner prescribed by law.
APPROVED AND ADOPTED THIS __ TH DAY OF ____________2022.
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 adopted at a regular meeting of the City Council held on the __ day of
________ 2022, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ATTEST:_______________________________
City Clerk of the City of Rancho Cucamonga
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EXHIBIT 1
Development Agreement
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Janice C. Reynolds
City Clerk
10500 Civic Center Drive
Rancho Cucamonga, California 91730
SPACE ABOVE THIS LINE FOR RECORDER’S USE
DEVELOPMENT AGREEMENT NO. DRC2021-00175
REGARDING THE SPEEDWAY COMMERCE PROJECT, RANCHO CUCAMONGA,
CALIFORNIA
THIS DEVELOPMENT AGREEMENT (this “Agreement” or this “Development Agreement”) is
made and entered into as of the “Effective Date” set forth herein, by and between SPEEDWAY
COMMERCE CENTER DEVELOPMENT, LLC, a Delaware limited liability company
(“Developer”), and the CITY OF RANCHO CUCAMONGA, a California municipal corporation
(“City”).
RECITALS
Developer is owner of the “Site” as set forth herein and generally described as a 35.73-acre
site comprising Assessor Parcel Numbers (APNs) 0229-291-54 and 0229-291-46, and has
a legal interest in the real property subject to this Agreement. The latter parcel is located in
unincorporated San Bernardino County, which Developer seeks to annex into the City of
Rancho Cucamonga.
On January 5, 2022, the City Council of the City of Rancho Cucamonga (“Council”)
adopted the following resolutions:
Resolution No. 2022-001, approving General Plan Amendment DRC2020-00184;
Resolution No. 2022-002, approving Tentative Parcel Map SUBTPM20251;
Resolution No. 2022-003, approving Design Review DRC2020-00177;
Resolution No. 2022-004, approving Conditional Use Permit DRC2021-00317;
Resolution No. 2022-005, approving Uniform Sign Program DRC2020-00178;
Resolution No. 2022-006, certifying, after making appropriate findings, an Environmental
Impact Report (“EIR”) identified as SCH No. 2020090076.
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On January 5, 2022, the Council introduced Ordinance No. 992 and following second
reading adopted Ordinance No. 992, approving Pre-Zoning Amendment DRC2020-00186.
The annexation of the Site includes a jurisdiction boundary change and sphere of influence
amendments for two parcels, including APN 0229-291-46 that constitutes part of the Site,
located within the County of San Bernardino and within the City of Fontana sphere of
influence. In addition, the annexation application is expected to include APN 0229-291-23,
a parcel of approximately 0.69-acres, which is not a part of the Site. Developer will be the
applicant to LAFCO for the foregoing annexation. The City agrees to take any necessary
actions required by State law or LAFCO rules and regulations for submittal of the
annexation by Developer to LAFCO.
Collectively, the resolutions identified in section 2 of the recitals and ordinance identified
in section 3 of the recitals (collectively, “Project Entitlements”) amended the City’s land
use regulations to permit the development and operation of the Site with two high-cube
warehouse buildings for a distribution/fulfillment center with ancillary office space,
including the 500,648 square foot (“sf”) Building A and 155,230 sf Building B, along with
the construction of a new public roadway, internal drive aisles, parking, on-site landscaping,
lighting, utility connections, and related infrastructure and improvements.
California Government Code Section 65864, et seq. authorizes cities to enter into binding
development agreements with persons having legal or equitable interests in real property
for the development of such property.
City and Developer mutually desire to enter into this Development Agreement to develop
the Project in accordance with the terms set forth herein.
On January 5, 2022, the City Council introduced Ordinance No. 993 (the “Approving
Ordinance”), and following second reading adopted Ordinance No. 993, thereby approving
this Development Agreement between the City and Developer. The Approving Ordinance
is effective as of ________________. All requirements of the California Environment
Quality Act have been met with respect to the Project, Project Entitlements, and this
Agreement, and this Agreement is consistent with the City’s General Plan.
AGREEMENT
NOW, THEREFORE, the parties hereto agree as follows:
Section 1.Definitions. In this Agreement, unless the context otherwise requires, the
following terms shall have the following meaning:
“Approving Ordinance” means Ordinance No. 993, which approved this Agreement.
“Building A” means the 500,648 sf building identified as “Building A” in the Development Plan.
“Building B” means the 155,230 sf building identified as “Building B” in the Development Plan.
“City” means the City of Rancho Cucamonga.
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“Community Benefit Fee” means any fee required under section 11(B) of this Agreement.
“Developer” means Speedway Commerce Center Development, LLC, a Delaware limited liability
company
“Development Plan” means those plans, specifications, and images attached hereto, collectively
marked as Exhibit “C” and incorporated herein by this reference.
“Effective Date” shall mean the date that the Approving Ordinance becomes effective.
“ITE Manual” means the Institute of Traffic Engineers’ Trip Generation Manual, 10th Edition.
“LAFCO” means the San Bernardino County Local Area Formation Commission.
“Material Handling Equipment” shall mean all equipment intended for use in connection with the
Project’s operation for the purpose of loading or unloading goods and materials, including all
forklifts.
“MMRP” shall refer to the Mitigation Monitoring and Reporting Program included in the Project’s
Final EIR and on file in City’s Planning Department.
“Non-Sort Use” means a fulfillment center that ships large box items that are processed primarily
with automation rather than through manual means, as defined in the ITE Manual. The authority
to determine in a particular case whether a use is a “Sort Use” or a “Non-Sort Use” shall be vested
in the Planning Director and City Engineer of the City and shall be exercised reasonably using the
ITE Manual and based on the applicable facts and circumstances.
“Project” means the proposed development of the Site, consistent with the terms and conditions of
the Project Entitlements.
“Project Entitlements” mean the Resolutions and Ordinance described in recitals sections 2
through 3.
“Site” means the real property that is the subject of the Project Entitlements and as legally
described, depicted and identified in Exhibit “A-1” and Exhibit “A-2”.
“Sort Use” means a fulfillment center that ships out smaller items, requiring extensive sorting,
typically by manual means, as defined in the ITE Manual. The authority to determine in a
particular case whether a use is a “Sort Use” or a “Non-Sort Use” shall be vested in the Planning
Director and City Engineer of the City and shall be exercised reasonably using the ITE Manual
and based on the applicable facts and circumstances.
“Term” means the initial six (6) year term of this Agreement, beginning from the Effective Date,
and any extension pursuant to section 6.
“TIA” means the Project’s Traffic Impact Analysis and CEQA Transportation Impact Analysis
Warehouse Scenario, E-Commerce Scenario and 100% E-Commerce Scenario TIA and VMT,
dated February 18, 2021, prepared by Translutions, Inc., included as an appendix to the
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Environmental Impact Report prepared for the Project and on file in the City’s Engineering
Services Department, which is incorporated herein by this reference.
Recitals. The recitals are part of this Agreement and shall be enforceable as any other
provision of this Agreement.
Interest of Developer. Developer warrants and represents that, as of the Effective Date, it
will have legal title to or an equitable interest in the Site; that it has full legal right to enter
into this Agreement; and that the persons executing this Agreement on behalf of Developer
have been duly authorized to do so.
Binding Effect of Agreement. Developer hereby subjects the Project and the Site to the
covenants, reservations, and restrictions as set forth in this Agreement. The City and the
Developer hereby declare their specific intent that the covenants, reservations and
restrictions as set forth herein shall be deemed covenants running with the land and shall
pass to and be binding upon Developer’s successors and assigns in title or interest to the
Project and/or Site. Each and every contract, deed or other instrument hereinafter executed,
covering or conveying the Project and/or Site or any portion thereof shall conclusively be
held to have been executed, delivered, and accepted subject to the covenants, reservations
and restrictions expressed in this Agreement, regardless of whether such covenants,
reservations and restrictions are set forth in such contract, deed or other instrument.
The City and Developer hereby further declare their understanding and intent that the benefit of
such covenants, reservations, and restrictions touch and concern the land by enhancing and
increasing the enjoyment and use of the Site by Developer and the future occupants of the Project,
the intended beneficiaries of such covenants, reservations and restrictions, and by furthering the
public purposes for which this Agreement is adopted.
Relationship of Parties. It is understood that the contractual relationship between City and
Developer is such that City and Developer are each an independent party and neither is the
agent or partner of the other for any purpose whatsoever and neither shall be considered to
be the agent or partner of the other for any purpose whatsoever.
Term of Agreement. The Term of this Agreement shall commence on the Effective Date
and shall continue for six (6) consecutive calendar years thereafter, unless the Term is
otherwise terminated, modified, or extended in accordance with the provisions of this
Agreement. So long as there are no material changes to the Project, the Developer is not
then in breach beyond the notice and cure periods set forth in this Agreement, and the
Developer has made all payments to the City as required pursuant to this Agreement,
Developer has an option to extend the Term one time for an additional nine (9) years for a
total Term of fifteen (15) years. To exercise this option, Developer must, no less than ninety
(90) days’ prior to the expiration of the Term, both: (i) provide City with written notice of
the intent to exercise the option and (ii) pay to City two million dollars ($2,000,000.00).
Upon receipt of such notice and payment, City shall provide written confirmation that the
Developer’s option to extend the Term has been exercised and accepted. The Term shall
not be extended until City provides written notice of confirmation to Developer, which
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notice shall not be unreasonably withheld and shall be provided prior to the expiration of
the Agreement provided that Developer has provided required notice and full payment.
Timing of Development. Because the California Supreme Court held in Pardee
Construction Co. v. City of Camarillo, 37 Cal.3d 465 (1984), that failure of the parties to
provide for the timing of development resulting in a later adopted initiative restricting the
timing of development to prevail over such parties’ agreement, it is the parties’ intent to
cure that deficiency by acknowledging and providing that Developer shall have the right
(without obligation), subject to the provisions of this Development Agreement, to complete
the Project in such order and at such rate and at such times as Developer deems appropriate
within the exercise of its subjective business judgment.
Assignment. In the event of a proposed transfer of interest in the Site or any portion thereof
or in this Agreement by Developer to a transferee, Developer agrees to comply with the
following conditions:
(i) At least thirty (30) days prior to any such assignment, Developer shall
provide the City with written notice thereof along with written evidence and
documentation, of a form and substance reasonably satisfactory to the City,
demonstrating the experience, capability, competence, and financial ability
of the proposed assignee to carry out and complete the Development Plan
and comply with the terms of this Agreement.
(ii) At least thirty (30) days prior to any such assignment, Developer shall also
provide evidence that the transferee will assume in writing through an
assignment and assumption agreement all remaining obligations of
Developer under this Agreement. The assignment and assumption
agreement shall be in a form reasonably satisfactory to the City Attorney.
(iii) The City Manager shall have consented to the assignment of this
Agreement, which consent will not be unreasonably withheld, provided that
the City Manager shall consent to any assignment of this Agreement to a
transferee if Developer provides satisfactory evidence pursuant to
paragraph (i) that the proposed transferee owns property and assets valued
at forty million dollars ($40,000,000) or more at that time of the proposed
transfer.
Any assignment of this Agreement not made in strict compliance with the foregoing
conditions shall constitute an event of default by the Developer pursuant to section 18.
Notwithstanding the foregoing, the terms, covenants and conditions of this Agreement shall
be binding upon any transferee whether or not such an assignment and assumption
agreement is signed by the assignee upon acquiring the Property.
General Standards and Restrictions Pertaining to Development of the Site. The
following specific restrictions shall apply to the use of the Site pursuant to this Development
Agreement:
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Developer shall have the right to develop and operate the Project on the Site in accordance
with the terms and conditions of this Agreement and the Project Entitlements and City shall have
the right to control development of the Site in accordance with the provisions of this Agreement
and the Project Entitlements.
The type, density, intensity, configuration of uses, size, and location of buildings and other
improvements and provisions for the reservation or dedication of land for public purposes, location
of public improvements, together with other terms and conditions of development applicable to
the Site, shall be as set forth in this Development Agreement, including the Development Plan,
and the Project Entitlements, except as modifications may be made pursuant to section 16.
All public improvements, including landscaping, irrigation, sidewalk, traffic improvements
and public streets, as set forth in the Development Plan, Project Entitlements, and this
Development Agreement, shall be installed by the Developer in the time and manner described in
the Development Plan, Project Entitlements, and this Development Agreement.
Developer and the City acknowledge that a portion of the Site is not currently located
within City’s municipal’s limits (“Unincorporated Land”) and that, as to the Unincorporated Land,
the Project Entitlements are contingent upon approval of the annexation by LAFCO and
completion of annexation of the Unincorporated Land to the City. In the event Developer seeks
to record Parcel Map 20251 prior to completion of the annexation, Developer shall produce
evidence reasonably satisfactory to the City that the County of San Bernardino (“County”) has
approved Tentative Parcel Map 20251 in compliance with all applicable State and County laws
and regulations, in addition to applicable City laws and regulations, prior to the City signing the
final parcel map and allowing it to be recorded in the Official Records of County. In addition,
provided that the Developer produces reasonable evidence that County has approved the precise
grading plan or plans for one or both of the buildings on the Site and that Developer has otherwise
satisfied technical grading plan check requirements, City shall issue grading permits for one or
both of the buildings (including areas within the Unincorporated Land) before completion of
annexation. In addition, City is informed that no vertical structures are located within the
Unincorporated Land and based on that information agrees to issue building permits for one or
both of the buildings before completion of annexation, subject only to Developer complying with
City’s standards for issuance of such building permits and any applicable County laws and
regulations to City’s reasonable satisfaction.
Effect of City Regulations on Development of Project. Developer is entitled to
protections afforded by the development agreement statute, Government Code Section
65864 et seq., including a vested right to develop the Project site in accordance with the
rules, regulations and official policies in effect as of the Effective Date. No future
modification of City’s code or ordinances, or adoption of any code, ordinance, regulation,
whether adopted by the City Council or through the initiative or referendum process, which
conflicts with this Agreement shall apply to the Property or modify this Agreement without
amendment hereto to so provide by the parties.
However, notwithstanding the foregoing, the City acknowledges that, pursuant to Rancho
Cucamonga Municipal Code Section 17.02.020, Ordinance No. 982 does not apply to the Project’s
Entitlements, which are governed by the regulations in effect when the applications were deemed
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complete (January 7, 2021), except as expressly addressed herein. This provision does not apply
to Conditional Use Permit DRC2021-00317, which covers the uses contemplated by this
Agreement, but which was not deemed complete prior to the effective date of Ordinance No. 982.
This paragraph 10.A is intended to confirm the application of Rancho Cucamonga Municipal Code
Section 17.02.020 to the Project, which shall continue to apply upon the termination or expiration
of this Agreement.
Except as otherwise provided in Section 11.B.vi, the provisions of this section 10 shall not
preclude the application to the development of the Site those changes in City ordinances,
regulations, plans, or specifications which are specifically mandated and required by changes in
state or federal laws or regulations as provided in California Government Code Section 65869.5
or any successor provision or provisions. In the event such changes in the law prevent or preclude
compliance with one or more of the provisions of this Agreement, such provisions of this
Agreement shall be modified or suspended or performance thereof delayed, as may be necessary
to comply with such changes in the law.
The category of Development Impact Fees (“DIF”) applicable to the Project shall be those
in effect as of the Agreement’s Effective Date (i.e. new DIF categories which may be adopted by
the City after the Agreement’s Effective Date shall not apply to the Project), however the existing
DIF and other development fees associated with the construction and development of the Project,
including but not limited to land use approvals, development fees, building permits, etc., shall be
pursuant to the rates as annually adjusted and in effect at the time application is made for such
approvals or permits.
Nothing herein shall prevent the application of health, safety, and accessibility regulations
(e.g., fire, building, seismic, plumbing, and electric codes and requirements under the Americans
with Disabilities Act or similar accessibility statute) that become applicable to the City as a whole.
The parties acknowledge and agree that the City is restricted in its authority to limit its
police power by contract and that the limitations, reservations and exceptions set forth in this
section 10 are intended to reserve to the City all of its police power which cannot be so limited.
Developer’s Obligations. In consideration of the rights and benefits Developer is
guaranteed under this Agreement, Developer agrees to provide each and every one of the
community benefits and other measures set forth in this section 11.
Material Handling Equipment. Developer shall cause the City of Rancho Cucamonga to
be designated as the point of sale for the Material Handling Equipment used in the Project’s
operations. In addition, Developer shall include a requirement in all tenant leases that tenants shall
cause the City of Rancho Cucamonga to be designated as the point of sale for the Material
Handling Equipment used in the Project’s operations. City shall be a third party beneficiary to all
such terms included in tenant leases. Provided that Developer complies with the requirements
herein, Developer shall not be in default of this Agreement if a tenant fails to cause the City of
Rancho Cucamonga to be designated as a point of sale for the Material Handling Equipment used
in that tenant’s operations.
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Community Benefit Fee. Developer shall pay to City the Community Benefit Fees in the
amount and schedule as set forth below. The Community Benefit Fees are intended to address
affordable housing demand, fire protection services, environmental justice, and related increases
to City services associated with warehouse development.
Community Benefit Fee amount and schedule:
Payment Amount Due
Payment 1 $2,150,000.00 Upon issuance of a grading permit, provided
that no grading permit shall be issued until the
fee is paid.
Payment 2 $2,150,000.00 Upon issuance of a certificate of occupancy
for either Building A or Building B, provided
that no certificate of occupancy shall be issued
until the fee is paid.
If a Community Benefit Fee payment is scheduled to be due, pursuant to the
schedule above, after the Term of this Agreement, then such community benefit fee payment shall
automatically become due and owing on the final day of the Term. Developer may pay any of the
Community Benefit Fee payments in advance of the scheduled due date, which early payment shall
reduce the Consumer Price Index (CPI)-based inflationary increase applied to such payments
pursuant to paragraph (v) below.
Up to thirty percent (30%) of the Community Benefit Fees received by City, as
identified in paragraph (i) above, shall be refunded to Developer if, within the Term of this
Agreement, a Project tenant generates five hundred thousand dollars ($500,000.00) in sales tax to
the City annually for any three (3) consecutive years, provided that Developer can demonstrate
that the tenant responsible for generating five hundred thousand dollars ($500,000.00) in sales tax
received by the City for any three (3) consecutive year period has a lease covering the entire Term
of this Agreement. Alternatively, up to fifteen (15%) of the Community Benefit Fees received by
City, as identified in paragraph (i) above, shall be refunded to Developer if, within the Term of
this Agreement, a Project tenant is a manufacturing business operating within City as of the
Effective Date that has relocated to the Site. The refund shall be paid to Developer thirty (30) days
following the expiration of the Term. By way of example only, if the tenant of Building A
generates five hundred thousand dollars ($500,000.00) during each of years three, four, and five
of the Term, then City shall refund to Developer an amount equal to one million two hundred
ninety thousand ($1,290,000.00). The City shall have no further reimbursement obligation after
this Agreement has expired.
Any Community Benefit Fee payment made after the first anniversary of the
Effective Date of this Agreement is considered a deferred Community Benefit Fee payment and is
subject to a CPI-based inflationary increase, if any, based on the CPI – All Urban Consumers for
Riverside-San Bernardino-Ontario California as published by the U.S. Department of Labor,
Bureau of Labor Statistics (or any successor thereto). Under no circumstance will the amount of
each deferred Community Benefit Fee payment be lower than the amount identified in the table
above.
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The Community Benefit Fee being paid by Developer pursuant to section 11
satisfies all but one hundred thousand dollars ($100,000) of the public arts fees required by
Ordinance 912. Developer shall have the right to satisfy the remaining one hundred thousand
dollars (100,000) either through the procurement of art or the payment of an in-lieu fee in that
amount.
Payment of the Community Benefit Fees above shall fully satisfy any future
commercial linkage fee adopted by the City, even if said fees are higher than the amounts specified
above.
Late Charges, Interest. If Developer fails to pay a Community Benefit Fee payment
by the due date, City shall give written notice to Developer (or its successor) of such delinquency
in accordance with section 24. If Developer fails to pay the Community Benefit Fee within thirty
(30) days after such notice is served on Developer (the “Period to Cure”) then Developer shall pay
a late charge in the amount equal to one quarter of one percent (0.25%) of the Community Benefit
Fee due but not paid. The Parties acknowledge and agree that the amount of the costs and expenses
that City will incur in the event the Community Benefit Fee is not paid when due is extremely
difficult to calculate, and that the late charge set forth in the immediately preceding sentence is a
reasonable, good faith estimate of such costs and expenses, but payment of such late charge shall
not limit the City’s remedies following any default by Developer under this Agreement. If any
Community Benefit Fee, is not paid within the Period to Cure, then such Community Benefit Fee
(including any late charge) shall also bear interest, from the due date until paid, at the rate that is
the lesser of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable law.
Traffic Improvements. The traffic improvements identified in paragraphs (i) and (ii) below
shall be completed to the satisfaction of the City Engineer, no later the date of issuance of the
certificate of occupancy of the Project’s first building. In the event that Developer is unable to
complete the construction of any improvement by the date of issuance of a certificate of occupancy
for the Project’s first building, despite Developer’s commercially reasonable efforts, due to
processing, required coordination with other projects, or other issues outside of Developer’s
control, then Developer shall issue a bond, satisfactory in form and value to the City Engineer, for
the remaining work and shall be obligated to complete the required improvement within one year
of issuance of the certificate of occupancy for the Project’s first building. For those improvements
identified below requiring coordination and approval by Caltrans, if any, City shall cooperate with
Developer on Developer’s efforts to obtain Caltrans approval; however, if Developer is unable to
achieve 90% plan check review, as determined by the City Engineer, despite commercially
reasonable efforts, due to processing delays by Caltrans, then issuance of grading and building
permits for the Project shall not be delayed provided that all other requirements for issuance of
grading and building permits have been met. Notwithstanding the foregoing, the City will only
issue a temporary certificate of occupancy for the Project until the improvements that require
Caltrans approval are completed. Unless the improvements are completed within one year, the
temporary certificate of occupancy shall expire, unless an extension is mutually agreed to by both
Parties.
Non-Sort Use Improvements. Developer shall construct the following traffic
improvements and dedicate the necessary right-of-way consistent with the demands outlined in the
Project’s TIA for a Non-Sort Use and determined necessary by the City Engineer:
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Etiwanda Avenue & 6th Street: Install a traffic signal. [DIF]
I-15 SB Ramps & Ontario Mills Dr./4th St: Modify the traffic signal to
implement a 130-second cycle length and overlap phasing for the WB right turn lane, restripe the
SB approach to provide one left turn lane, one through lane, and dual right turn lanes, and modify
the traffic signal to implement overlap phasing for NB and SB right turn lanes. [P]
Sort Use Improvements. Developer shall construct the following traffic
improvements and dedicate the necessary right-of-way consistent with the demands outlined in the
Project’s TIA for a Sort Use and determined necessary by the City Engineer:
a. Milliken Ave. & 4th St: Modify the traffic signal to implement overlap
phasing on the WB right turn lane & modify the traffic signal to
implement overlap phasing for the EB right turn lane; [P]
c. Etiwanda Ave. & Arrow Rte: Stripe 2nd SB left turn lane; [P]
e. Etiwanda Ave. & Napa St.: Add a northbound right-turn lane with
overlap phasing, add overlap phasing to the westbound right-turn lane
and add a second westbound left-turn lane;
f. Haven Ave. & 4th St: Modify the traffic signal to implement an
optimized cycle length; and
g. Etiwanda Ave. & I-10 EB Ramps: Restripe the eastbound shared left
and right-turn lane to a dedicated right-turn lane.
Reimbursement. An improvement identified as [P] in paragraphs (i) and (ii) above
is eligible for a 50% reimbursement of the actual costs if first constructed by Developer and the
same improvement is also required to be constructed by the Bridge Point development. Developer
may receive reimbursement of fifty percent (50%) of the actual cost of these improvements if the
improvements are first constructed by Developer and the same improvements are also required to
be constructed by the Bridge Point Rancho Cucamonga project located at 12434 4th Street.
Alternatively, if the improvement is first constructed by the Bridge Point Rancho Cucamonga
project, then Developer shall pay a reimbursement to the City, which will be passed through to the
Bridge Point Rancho Cucamonga project’s developer, equal to fifty percent (50%) of the actual
cost of the improvements and is not required to construct the improvements. Improvements
identified as [DIF] are currently listed in the City’s Transportation Development Impact Fee
Program and are eligible for credit and/or reimbursement up to the amounts identified in the
program as of the date of payment of the Transportation Development Impact Fees. If these
improvements are constructed by others prior to the development of this project, no credits or
reimbursements shall be owed to Developer.
Satisfaction of Conditions of Approval. Developer’s provision of traffic
improvements pursuant to this section 11(C) will satisfy any Condition of Approval pertaining to
the impacts mitigated by the required traffic improvements and will serve as a substitute for the
traffic improvements described above.
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Fair Share Payment in lieu of Remaining Traffic Improvements. In lieu of constructing
the opening year and horizon year (2040) traffic improvements outlined in the TIA but not
described above, Developer shall have the right to pay a fair share fee into the City’s Industrial
Area Traffic Improvement Fund, equivalent to the amounts set forth in Exhibit “B” (the “Fair
Share Fee”). The Fair Share Fee shall be due prior to issuance of the first certificate of occupancy
for the Project. Developer’s payment of the Fair Share Fee for remaining traffic improvement
pursuant to this section 11(D) will satisfy any Condition of Approval pertaining to required
contributions to the City’s Industrial Area Traffic Improvement Fund for impacts mitigated by the
improvements listed in the TIA but not required to be constructed in section 11(C)(i) or (ii) and
such improvement shall not be required to be constructed.
New Public Street. Developer shall construct, consistent with the City’s standards and to
the satisfaction of the City Engineer, a new public street on the west side of the Project site from
Napa Street to the Project’s northerly property line with APN 0229-291-55, to be classified as an
Industrial Collector (66-foot full-width right-of-way), as shown in Exhibit D of this Agreement,
including a depiction of the proposed cross-section for the new public street with one travel lane,
landscaped parkway, and a sidewalk in each direction. Developer shall be responsible for all costs
associated with the design and construction of the new public street. City shall accept dedication
of the public street and the related improvements in the same manner as it accepts other similar
public improvements constructed as part of private development projects in the City upon
completion of the public street and related improvements. Developer shall provide a standard one-
year warranty for the improvements, excluding normal roadway wear and tear. No certificate of
occupancy for any project component will be issued for the Project until the improvements are
completed and accepted by the City which the City shall not unreasonably delay. Developer’s
provision of a new public street pursuant to this section 11(E) will satisfy any Condition of
Approval pertaining to required provision of a new public street on the west side of the Project site
from Napa Street to the Project’s northerly property line with APN 0229-291-55.
Financing Districts. The City may initiate (i) proceedings to form one or more special
assessment districts (each, an “Assessment District”) to levy special benefit assessments (the
“Special Benefit Assessments”) or (ii) proceedings to form one or more Mello-Roos Community
Facilities Act of 1982 (Government Code Sections 53311 et seq.) Community Facilities Districts
(each, a “CFD,” and collectively, with the Assessment Districts, the “Districts,” or individually, a
“District”) to levy special taxes (the “CFD Taxes”), to finance the maintenance and operation of
public streets, parkways, medians, public right-of-ways, public safety, and any other
improvements or services benefiting properties within all industrial zones throughout the City (the
“Maintenance Services”). Developer shall not oppose the formation of any District or the
annexation of lands to any District, and shall vote in favor of any such Special Benefit Assessments
or CFD Taxes for a District; provided, however, that in no event shall the annual total, combined
amount of the Special Benefit Assessments and CFD Taxes for the Districts exceed seven thousand
five hundred dollars and zero cents ($7,500.00) per acre for the Site (the “Max Levy”). The Max
Levy shall increase annually by an amount determined necessary to fund the Maintenance
Services, but such annual increase shall be no less than two percent (2%) and no more than six
percent (6%). Developer shall satisfy its obligations under this paragraph 11(F) prior to the
issuance of the first certificate of occupancy for the Project. The provisions of this paragraph 11(F)
shall not apply to or affect the validity of any existing Assessment District or CFD applicable to
the Site as of the Effective Date.
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Solar Panels and Purchase Agreement. Developer shall install a solar collector system that
covers a percentage of the Project’s total roof area, with such percentage based on the formula
outlined in Rancho Cucamonga Municipal Code Section 17.76.020(B), as amended by Ordinance
No. 982, which requires in part that the renewable energy system shall be built to generate an
amount of electricity sufficient to meet the following criteria: (a) annualized building demand
based on the approved use; and (b) annualized demand required to charge fully electric vehicles
and trucks, assuming that all vehicles and trucks to the site are fully electric; and (c) a reasonable
rate of efficiency loss over 10 years. Such percentage shall be established pursuant to a study to
be prepared by Developer and approved by the City, with City review time fully reimbursed by
the Developer and paid prior to any issuance of the first building permit. The final percentage of
required roof area coverage shall be confirmed by the City Engineer. The Rancho Cucamonga
Municipal Utility (“RCMU”) and Developer agree to negotiate and execute a power purchase
agreement (“Power Purchase Agreement”) within six (6) months of the Effective Date, provided
that no Certificate of Occupancy shall be issued for the Project until the power purchase agreement
is executed. A sample power purchase agreement is attached as Exhibit “E” to this Agreement.
The solar collector system shall be metered separately from the metered power usage demand of
the Project’s two buildings. The Power Purchase Agreement will commit the City to purchase all
electricity produced by the Project at market rate for at least 25 years, which market rate shall be
specified in the executed Power Purchase Agreement.
RCMU Connection. The Project shall utilize RCMU for electricity and high-speed
broadband. Developer shall extend all required infrastructure for electricity and high-speed
broadband (“Required Infrastructure”) onto the Project site at the locations identified in Exhibit
“F.” “Required Infrastructure” shall include all underground ducts and structures from a point of
connection to established RCMU service facilities at the stub out identified in Exhibit “F” in the
street or public right of way, surface mounted equipment (except for transformers), and cabling to
serve both buildings on the Site. This requirement shall satisfy any Condition of Approval
pertaining to the Project’s electric and fiber optic connection to RCMU.
Other City Fees. The Community Benefit Fee being paid by Developer pursuant to section
11 satisfies all but one hundred thousand dollars ($100,000) of the public arts fees required by
Ordinance 912. Developer shall have the right to satisfy the remaining one hundred thousand
dollars (100,000) either through the procurement of art or the payment of an in-lieu fee in that
amount. Otherwise, Developer will be responsible for other applicable existing development fees.
MMRP Compliance Costs. The MMRP includes mitigation measures applicable to the
Project that may require City to verify compliance outside of City’s plan check process for the
Project. Accordingly, Developer shall reimburse City for all compliance costs, including City staff
and consultant time and expenses, incurred in verifying Developer’s compliance with the MMRP,
except for such costs associated with mitigation measures that are verified during plan check and
recovered by City through development fees. City shall submit an invoice for such costs on an as-
needed basis and Developer shall pay the invoice to City within thirty (30) days of receipt.
Undergrounding In-Lieu Fee. Pursuant to Rancho Cucamonga Municipal Code Section
16.36.090, Developer may pay a fee to City in the amount of one million four hundred thousand
dollars ($1,400,000.00) in lieu of undergrounding existing distribution and telecommunications
facilities on the Site or along streets peripheral to the Site (“Distribution Facilities”). If Developer
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elects to pay the fee in lieu of undergrounding the Distribution Facilities, then City may use such
funds for utility undergrounding projects anywhere within the City of Rancho Cucamonga. This
requirement shall satisfy any Condition of Approval pertaining to the Project’s utility
undergrounding.
Developer’s obligations under this section 11 may extend past the Term of this Agreement.
Therefore, this section 11 shall survive the expiration or termination of the Term; provided,
however, that upon termination of this Agreement pursuant to section 27 below, all of Developer’s
obligations hereunder shall be terminated and of no further force and effect.
City’s Obligations. The City shall reasonably expedite review and processing of all plans
and issuance of all permits associated with the Project. The City shall refund not more than
thirty percent (30%) or fifteen percent (15%), as the case may be, of the community Benefit
Fee payments identified in section 11(B)(i), consistent with and provided the provisions and
conditions of section 11(B)(iii) are satisfied.
Annual Review. During the Term of this Development Agreement, City shall annually
review the extent of good faith compliance by Developer with the terms of this Development
Agreement. Developer shall file an annual report with the City providing information
regarding compliance with the terms of this Development Agreement no later than sixty
(60) days prior to the anniversary of the Effective Date. Annual reports shall include all
information necessary for the City to assess Developer’s compliance with the terms and
provisions of this Agreement. Developer shall have the right to cause the annual report to
be filed by any lessee then occupying the Site provided, however, that Developer shall
remain primarily responsible for such filing.
Indemnification and Legal Challenge. To the maximum extent permitted by law,
Developer agrees to, and shall, defend, indemnify and hold City and its elected officials,
officers, contractors serving as City officials, agents, and employees (“Indemnitees”)
harmless from liability for damage and/or claims for damage for personal injuries, including
death, and claims for property damage, and with respect to all other actions and liabilities
for damages caused or alleged to have been caused by reason of Developer’s activities in
connection with the construction of the Project or Developer’s operation of the permitted
use, and which may arise from the direct or indirect operations of Developer or those of
Developer’s contractors, agents, tenants, employees or any other persons acting on
Developer’s behalf, which relate to the Developer’s construction of the Project or operation
of the permitted use. This indemnity provision applies to all damages and claims for
damage, as described above, regardless of whether or not the City prepared, supplied, or
approved the plans, specifications, or other documents for the Project. Notwithstanding, the
foregoing indemnity shall not include indemnification against (i) suits and actions brought
by Developer by reason of City's default or alleged default hereunder, or (ii) suits and
actions caused solely by or resulting solely from City's acts or omissions, or (iii) suits and
actions arising from the sole negligence or willful misconduct of City; provided further,
however, that the foregoing indemnity shall not apply to claims pertaining to City’s
operation of those portions of the Site dedicated to City after the dedication thereof.
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In the event of any legal action challenging the validity, applicability, or interpretation of
any provision of this Agreement, any of the Project Entitlements including, without
limitation, the City’s General Plan, Zoning Ordinance, Design Review, EIR, or any other
supporting document relating to the Project, the Developer shall indemnify, defend and hold
harmless the Indemnitees, and each of them, with respect to all liability, costs and expenses
incurred by, and/or awarded against, the City or any of the Indemnitees in relation to such
action. The City shall have the right to select counsel of its choice. The parties hereby agree
to cooperate in defending such action. In the event of any litigation challenging the
effectiveness of this Agreement, or any portion hereof, this Agreement shall remain in full
force and effect while such litigation, including any appellate review, is pending, unless
otherwise ordered by the court. Absent issuance of an injunction, the Developer may elect
to continue development under this Agreement pending completion of the litigation but it
shall do so at its sole risk, and the City shall not be liable for any loss suffered as a result
thereof.
Amendments. This Agreement may be amended or canceled, in whole or in part, only by
mutual written consent of the parties and then in the manner provided for in California
Government Code Section 65868, et seq., or successor provisions thereto.
Minor Amendments to Development Plan. Upon the written application of Developer,
minor modifications and changes to the Development Plan, including modifications to the
building design or footprint affecting setbacks, parking layout and design, and landscape
design may be approved by the Planning Director. Substantial changes in the Development
Plan, as determined by the Planning Director, shall be processed through the process
required by law to amend or modify the Development Plan. Upon the approval of
substantial changes to the Development Plan, Developer and City shall amend this
Agreement to memorialize and acknowledge the revised Development Plan.
Enforcement. In the event of a default under the provisions of this Agreement by
Developer, City shall give written notice to Developer (or its successor) by registered or
certified mail addressed at the address stated in this Agreement, and if such violation is not
corrected to the reasonable satisfaction of City within thirty (30) days after such notice is
served on Developer, or if not corrected within such reasonable time as may be required to
cure the breach or default if said breach or default cannot be cured within said thirty
(30) days (provided that acts to cure the breach or default must be commenced within said
thirty (30) days and must thereafter be diligently pursued by Developer), then City may,
without further notice, declare a default under this Agreement and, upon any such
declaration of default, City may bring any action necessary to specifically enforce the
obligations of Developer growing out of the operation of this Development Agreement,
apply to any court, state or federal, for injunctive relief against any violation by Developer
of any provision of this Agreement, or apply for such other relief as may be appropriate.
Event of Default. Developer is in default under this Agreement upon the happening of one
or more of the following events or conditions:
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If a material warranty, representation or statement made or furnished by Developer to City
set forth herein or in any document incorporated by reference herein is false or proved to have
been false in any material respect when it was made;
If a finding and determination is made by City following an annual review pursuant to
section 13 hereinabove, upon the basis of substantial evidence, that Developer has not complied
in good faith with any material terms and conditions of this Agreement, after notice and
opportunity to cure as described in section 17 hereinabove; or
A breach by Developer of any of the provisions or terms of this Agreement, after notice
and opportunity to cure as provided in section 17 hereinabove.
No Waiver of Remedies. City does not waive any claim of defect in performance by
Developer if on periodic review City does not enforce this Agreement. Nonperformance by
Developer shall not be excused because performance by Developer of the obligations herein
contained would be unprofitable, difficult or expensive or because of a failure of any third
party or entity, other than City. Subject to the provisions of Section 20, all other remedies
at law or in equity which are not otherwise provided for in this Agreement are available to
each party to pursue in the event that there is a breach of this Development Agreement by
the other party (subject to applicable notice and cure periods). No waiver by City or
Developer of any breach or default under this Development Agreement by the other party
shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder.
City Not Liable For Damages. It is acknowledged by the parties that the City would not
have entered into this Agreement if it could be held liable in damages under or with respect
to this Agreement or the application thereof. Consequently, and except for the payment of
attorney’s fees in accordance with this Agreement, the City shall not be liable in damages
to the Developer, or to any assignee, transferee or any other person, and the Developer
covenants on behalf of itself and its successors in interest not to sue for or claim any
damages:
For any breach of this Agreement;
For the taking, impairment or restriction of any right or interest conveyed or provided
hereunder or pursuant hereto;
Arising out of or connected with any dispute, controversy or issue regarding the application
or interpretation or effect of the provisions of this Agreement; or
For any injury to or interference with the rights of the property owner, allegedly or actually
arising out of, or incurred in connection with, the parties entering this Agreement, or their exercise
of any rights under this Agreement.
The parties hereby warrant that each enters into this Agreement with the understanding that if the
City defaults on its obligations under this Agreement due to an action taken by the electorate of
the City in the exercise of the reserved powers of initiative and referendum, this Agreement shall
be modified or suspended to the extent required by Government Code Section 65869.5 and the
Developer’s right to seek specific performance, a writ of mandate, or other mandatory relief shall
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be limited by such force as the action taken by the electorate may have in light of state law as
determined by any court of competent jurisdiction, in which case the Developer’s principal remedy
shall lie in reformation of this Agreement
Rights of Lenders Under this Agreement. Should Developer place or cause to be placed
any encumbrance or lien on the Project, or any part thereof, the beneficiary (“Lender”) of
said encumbrance or lien shall have the right at any time during the term of this Agreement
and the existence of said encumbrance or lien to:
Do any act or thing required of Developer under this Agreement, or cure any default of
Developer under this Agreement within the time limits set forth in section 17, and any such act or
thing done or performed by Lender or cure shall be as effective as if done by Developer;
Realize on the security afforded by the encumbrance or lien by exercising foreclosure
proceedings or power of sale or other remedy afforded in law or in equity or by the security
document evidencing the encumbrance or lien (hereinafter referred to as “a trust deed”);
Transfer, convey or assign the title of Developer to the Project to any purchaser at any
foreclosure sale, whether the foreclosure sale be conducted pursuant to court order or pursuant to
a power of sale contained in a trust deed; and
Acquire and succeed to the interest of Developer by virtue of any foreclosure sale, whether
the foreclosure sale is conducted pursuant to a court order or pursuant to a power of sale contained
in a trust deed.
Should any Lender require or request an amendment of this Agreement in respect of the rights and
remedies granted to a Lender, City hereby agrees to execute and deliver such an amendment so
long as the proposed amendment does not materially and adversely affect the rights, powers, and
remedies of the City in respect of a default by Developer hereunder.
Notice to Lender. City shall give written notice of any default or breach under this
Agreement by Developer to Lender (if known by City) simultaneously with such notice of
default City gives to Developer and afford Lender the opportunity after receipt of service of
the notice to:
Cure the breach or default within thirty (30) days after service of said notice, where the
default can be cured by the payment of money;
Cure the breach or default within thirty (30) days after service of said notice where the
breach or default can be cured by something other than the payment of money and can be cured
within that time; or
Cure the breach or default in such reasonable time as may be required where something
other than payment of money is required to cure the breach or default and cannot be performed
within thirty (30) days after said notice, provided that acts to cure the breach or default are
commenced within a thirty (30) day period after service of said notice of default on Lender by City
and are thereafter diligently continued by Lender.
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Action by Lender. Notwithstanding any other provision of this Agreement, a Lender may
forestall any action by City for a breach or default under the terms of this Agreement by
Developer by commencing proceedings to foreclose its encumbrance or lien on the Project.
The proceedings so commenced may be for foreclosure of the encumbrance by order of
court or for foreclosure of the encumbrance under a power of sale contained in the
instrument creating the encumbrance or lien. The proceedings shall not, however, forestall
any such action by the City for the default or breach by Developer unless:
They are commenced within thirty (30) days after service on Developer (and on Lender if
Lender’s address is provided to the City) of the notice described hereinabove;
They are, after having been commenced, diligently pursued in the manner required by law
to completion; and
Lender keeps and performs all of the terms, covenants, and conditions of this Agreement
requiring the payment or expenditure of money by Developer until the foreclosure proceedings are
complete or are discharged by redemption, satisfaction, or payment.
Notice. Any notice required to be given by the terms of this Agreement shall be provided
by email or certified mail, return receipt requested, at the address of the respective parties
as specified below or at any other such address as may be later specified by the parties
hereto.
To Developer: Speedway Commerce Center Development, LLC
A Delaware limited liability company
901 Via Piemonte, Suite 175
Ontario, CA 91764
Attention: Scott Morse
With a copy to: Gresham Savage Nolan & Tilden, PC
550 E. Hospitality Lane, Suite 300
San Bernardino, CA 92408
Attention: Mark A. Ostoich
Email: mark.ostoich@greshamsavage.com
To City: City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, California, 91730
Attention: City Manager
Email: john.gillison@cityofrc.us
With a Copy to: Richards, Watson & Gershon
350 S. Grand Avenue, 37th Floor
Los Angeles, California 90071
Attention: Nicholas R. Ghirelli
Email: nghirelli@rwglaw.com
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Attorneys’ Fees. In any proceedings arising from the enforcement of this Agreement or
because of an alleged breach or default hereunder, the prevailing party shall be entitled to
recover its costs and reasonable attorneys’ fees and experts’ fees incurred during the
proceeding (including appeals) as may be fixed within the discretion of the court.
Binding Effect. This Agreement shall bind, and the benefits and burdens hereof shall inure
to, the respective parties hereto and their legal representatives, executors, administrators,
successors and assigns, wherever the context requires or admits.
Termination. Notwithstanding any other provision contained herein, this Agreement may
be terminated at any time upon the written mutual agreement of both parties.
Applicable Law and Venue. This Agreement shall be construed in accordance with and
governed by the laws of the State of California. Venue for any action or litigation brought
for breach or to enforce any provision of this Agreement shall be the Superior Court of the
County of San Bernardino, California.
Partial Invalidity. If any provisions of this Agreement shall be deemed to be invalid,
illegal, or unenforceable, the validity, legality, or enforceability of the remaining provisions
hereof shall not in any way be affected or impaired thereby.
Recordation. The City Clerk shall record this Agreement in the Official Records of the
County Recorder of the County of San Bernardino within ten (10) business days following
the Effective Date. Upon the expiration of the terms of this Agreement and the request of
the Property Owner, the City will execute and deliver, in recordable form, an instrument
confirming that this Agreement is terminated and of no further force or effect.
Force Majeure. In the event that either party hereto shall be delayed or hindered or
prevented from performance of any act required hereunder by reason of acts of God, strikes,
lockouts, labor troubles, inability to procure materials, riots, insurrection, terrorism, war or
other reason of similar nature not the fault of the party delayed in performing the work or
doing the acts required under the terms of this Agreement, then the performance of such act
shall be excused for the period of the delay caused by the foregoing. Financial inability
shall not be deemed an excuse for delay under this section 31.
Integrated Agreement. This Development Agreement consists of this Agreement together
with all Exhibits attached hereto, and all of the same are hereby incorporated by reference.
The provisions of this Agreement shall govern over any inconsistent or conflicting
provisions set forth in the Exhibits. No representation or promise, verbal or written, not
expressly set forth herein shall be binding or have any force or effect.
Time of Essence. Time is of the essence in every provision hereof in which time is a factor.
Operating Memoranda. The provisions of this Agreement require a close degree of
cooperation between the City and Developer. The anticipated refinements to the Project
may demonstrate that clarifications to this Agreement and the Project Entitlements are
appropriate with respect to the implementation of this Agreement and the Project
Entitlements. If, when, and as it becomes necessary or appropriate to take implementing
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actions or make such changes, adjustments or clarifications, the Parties may effectuate such
actions, changes, adjustments or clarifications through an operating memorandum
(“Operating Memorandum”) approved by the parties in writing which references this
section. Such Operating Memorandum shall not require public notices and hearings or an
amendment to this Agreement unless it is required by sections 15 or 16 above. The City
Manager shall be authorized, after consultation with and approval of Developer, to
determine whether a requested adjustment, clarification or implementing action (i) may be
effectuated pursuant to this section 34 and is consistent with the intent and purpose of this
Agreement and the Project Entitlements or (ii) is of the type that would constitute an
amendment to this Agreement and thus would require compliance with the provisions of
section 15 or section 16 above. The authority to enter into such Operating Memorandum is
hereby delegated to the City Manager, and the City Manager is hereby authorized to execute
any Operating Memorandum hereunder without further City Council action.
[SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, this Agreement has been executed by the parties and shall be effective
on the Effective Date set forth hereinabove.
CITY:
CITY OF RANCHO CUCAMONGA,
a Municipal Corporation
Dated:
By:
L. Dennis Michael
Mayor
DEVELOPER:
SPEEDWAY COMMERCE CENTER
DEVELOPMENT, LLC, a Delaware limited
liability company
Dated:
By:
Print Name:
Title:
ATTEST:
Janice C. Reynolds
City Clerk
Dated:
By:
Print Name:
Title:
Approved as to form:
James L. Markman
City Attorney
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A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of California )
County of San Bernardino )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
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A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of California )
County of San Bernardino )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
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A-1
11231-0001\2182311v1.doc
H748-028 -- 4210543.1
EXHIBIT “A-1”
LEGAL DESCRIPTION
The Land referred to herein below is situated partly in the City of Rancho Cucamonga,
County of San Bernardino, and partly in an unincorporated area in the County of San
Bernardino, all in the State of California, and is described as follows:
ALL THOSE PORTIONS OF THE FOLLOWING DESCRIBED LAND LYING WITHIN
THOSE CERTAIN PARCELS OF LAND GRANTED TO KAISER STEEL LAND
DEVELOPMENT, INC., A DELAWARE CORPORATION, AND DESCRIBED AS
PARCELS NO. 1, 2, 3, AND 4, AND A PORTION PARCEL NO. 6, BY DOCUMENT
RECORDED JULY 28, 1994 AS INSTRUMENT NO. 94323332 OF OFFICIAL RECORDS
OF THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, IN THE WEST
ONE-HALF OF SECTION 9 AND SECTION 16, TOWNSHIP 1 SOUTH, RANGE 6 WEST,
SAN BERNARDINO MERIDIAN, AND THAT PORTION OF THE EAST ONE-HALF OF
SECTION 16, TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN BERNARDINO MERIDIAN,
IN SAID COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 9, SAID CORNER
BEING LOCATED IN THE CENTER LINE OF ETIWANDA AVENUE; THENCE NORTH
00°06'43" EAST, 368.12 FEET ALONG THE WEST LINE OF SAID SECTION 9 AND THE
CENTERLINE OF SAID ETIWANDA AVENUE TO THE SOUTHERLY RIGHT OF WAY
LINE OF THE ATCHISON TOPEKA AND SANTA FE RAILWAY, 100 FEET IN WIDTH;
THENCE NORTH 87°54'59" EAST, 50.04 FEET ALONG SAID SOUTHERLY RIGHT OF
WAY LINE TO THE EASTERLY RIGHT OF WAY LINE OF SAID ETIWANDA AVENUE
(50.00 HALF WIDTH) TO THE TRUE POINT OF BEGINNING; THENCE NORTH
87°54'59" EAST, 911.48 FEET ALONG SAID SOUTHERLY RIGHT OF WAY LINE TO
AN ANGLE POINT IN THE NORTHWESTERLY BOUNDARY LINE OF THE REAL
PROPERTY CONVEYED TO NATIONAL CAN CORPORATION BY DEED RECORDED
MAY 06, 1965 IN BOOK 6385, PAGE 456 OF OFFICIAL RECORDS OF SAID COUNTY;
THENCE SOUTH 60°06'26" WEST, 214.28 FEET ALONG SAID NORTHWESTERLY
BOUNDARY TO A ANGLE POINT IN SAID BOUNDARY; THENCE SOUTH 00°07'03"
WEST, 554.86 FEET ALONG THE WESTERLY BOUNDARY OF SAID NATIONAL CAN
CORPORATION BOUNDARY TO THE SOUTHWEST CORNER OF SAID BOUNDARY;
THENCE NORTH 88°57'35" EAST, 1324.24 FEET ALONG THE SOUTHERLY
BOUNDARY OF SAID NATIONAL CAN CORPORATION BOUNDARY TO THE
SOUTHEAST CORNER OF SAID BOUNDARY; THENCE NORTH 00°07'03" EAST,
679.03 FEET ALONG THE EASTERLY BOUNDARY OF SAID NATIONAL CAN
CORPORATION BOUNDARY TO THE NORTHEAST CORNER OF SAID BOUNDARY,
SAID NORTHEAST CORNER ALSO BEING ON SAID SOUTHERLY RIGHT OF WAY
LINE OF THE ATCHISON TOPEKA AND SANTA FE RAILWAY; THENCE NORTH
87°54'59" EAST, 447.68 FEET ALONG SAID SOUTHERLY RIGHT OF WAY LINE TO A
LINE PARALLEL WITH AND DISTANT WESTERLY 100.00 FEET FROM THE
SOUTHWEST ONE-QUARTER OF SAID SECTION 9; THENCE SOUTH 00°15'05"
WEST, 414.32 FEET ALONG SAID PARALLEL LINE, TO A POINT ON THE SOUTH
LINE OF SAID SECTION 9 SAID POINT ALSO BEING ON THE NORTHERLY LINE OF
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SAID SECTION 16; THENCE NORTH 88°57'18" EAST, 100.02 FEET ALONG SAID
NORTHERLY LINE, TO THE NORTHEAST CORNER OF THE NORTHWEST ONE-
QUARTER OF SAID SECTION 16; THENCE NORTH 88°57'18" EAST, 200.03 FEET
ALONG THE NORTHERLY LINE OF THE NORTHEAST ONE-QUARTER OF SAID
SECTION 16 TO A POINT ON THE EASTERLY LINE OF THE WESTERLY 200.00 FEET
OF THE EAST ONE-HALF OF SAID SECTION 16; THENCE SOUTH 00°06'58" WEST,
799.51 FEET TO A POINT ON THE NORTHERLY LINE OF NAPA STREET AS
DESCRIBED IN DOCUMENT RECORDED OCTOBER 06, 1995 AS INSTRUMENT NO.
19950348166, AND DOCUMENT RECORDED NOVEMBER 22, 1995 AS INSTRUMENT
NO. 19950404553, BOTH OF OFFICIAL RECORDS, SAID POINT ALSO BEING THE
BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY AND
HAVING A RADIUS OF 883.00 FEET, A RADIAL LINE THROUGH THE BEGINNING
OF SAID NON-TANGENT CURVE BEARS NORTH 23°08'53" WEST; THENCE
FOLLOWING (7) SEVEN COURSES ALONG THE NORTHERLY LINE OF SAID NAPA
STREET: THENCE SOUTHWESTERLY 36.49 FEET ALONG SAID CURVE THROUGH
A CENTRAL ANGLE OF 02°22'05", TO THE BEGINNING OF A REVERSE CURVE
CONCAVE NORTHERLY AND HAVING A RADIUS OF 817.00 FEET, A RADIAL LINE
THROUGH THE BEGINNING OF SAID REVERSE CURVE BEARS SOUTH 25°30'58"
EAST; THENCE WESTERLY 729.50 FEET ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 51°09'34" TO THE BEGINNING OF A REVERSE CURVE
CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 883.00 FEET, A RADIAL
LINE THROUGH THE BEGINNING OF SAID REVERSE CURVE BEARS NORTH 25°38'36"
EAST; THENCE WESTERLY 390.98 FEET ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 25°22'10"; THENCE NORTH 89°43'34" WEST, 518.43 FEET TO THE BEGINNING
OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 1033.00 FEET;
THENCE SOUTHWESTERLY 188.14 FEET ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 10°26'06" TO THE BEGINNING OF A REVERSE CURVE CONCAVE
NORTHEASTERLY AND HAVING A RADIUS OF 967.00 FEET, A RADIAL LINE THROUGH
THE BEGINNING OF SAID REVERSE CURVE BEARS SOUTH 10°09'40" EAST; THENCE
WESTERLY 176.47 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
10°27'22"; THENCE NORTH 89°42'18" WEST, 222.48 FEET TO A POINT ON THE EAST LINE
OF THAT CERTAIN STRIP OF LAND, 150.00 FEET WIDE, DESCRIBED IN THE RIGHT OF
WAY EASEMENT FROM FRANK BORGIA ET UX. TO SOUTHERN CALIFORNIA EDISON
COMPANY LTD., RECORDED SEPTEMBER 27, 1938 IN BOOK 1301, PAGE 183 OF OFFICIAL
RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE
NORTH 00°07'03" EAST, 714.03 FEET ALONG SAID EAST LINE TO THE SOUTHERLY LINE
OF SAID SECTION 9; THENCE NORTH 00°04'52" EAST, 319.38 FEET TO A POINT ON THE
SOUTHERLY LINE OF PARCEL NO. 1 AS CONVEYED TO ROBERT C. RINGHOLZ BY DEED
RECORDED NOVEMBER 30, 1948 IN BOOK 2327, PAGE 359 OF OFFICIAL RECORDS OF
SAID COUNTY, SAID POINT BEARS 625.52 FEET (625.56 FEET GROUND) EAST ALONG
SAID SOUTHERLY LINE FROM THE SOUTHWEST CORNER OF PARCEL NO. 1 OF SAID
ROBERT C. RINGHOLZ PROPERTY, SAID SOUTHWEST CORNER BEING ON THE
CENTERLINE OF SAID ETIWANDA AVENUE; THENCE SOUTH 87°54'59" WEST, 575.48 FEET
ALONG SAID SOUTHERLY LINE TO THE INTERSECTION OF SAID EASTERLY RIGHT OF
WAY LINE OF SAID ETIWANDA AVENUE; THENCE NORTH 00°06'43" EAST, 60.04 FEET
ALONG SAID EASTERLY RIGHT OF WAY LINE TO THE TRUE POINT OF BEGINNING.
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EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
BEING A PORTION OF THE SOUTHWEST ONE-HALF OF SECTION 9 AND A PORTION OF
THE NORTHWEST ONE-QUARTER OF SECTION 16, TOWNSHIP 1 SOUTH, RANGE 6 WEST,
SAN BERNARDINO MERIDIAN, SITUATED IN THE CITY OF RANCHO CUCAMONGA,
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, SAID PORTION ALSO BEING A
PORTION OF THE LAND DESCRIBED IN GRANT DEED TO KAISER STEEL LAND
DEVELOPMENT, INC., RECORDED JANUARY 12, 2000 AS INSTRUMENT NO. 20000011988
OF OFFICIAL RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 9, SAID CORNER
BEING ON THE CENTERLINE OF ETIWANDA AVENUE; THENCE NORTH 00°06'43" EAST,
368.09 FEET ALONG THE WEST LINE OF SAID SECTION 9 AND SAID CENTERLINE TO
THE SOUTHERLY LINE OF THE ATCHISON TOPEKA AND SANTA FE RAILWAY RIGHT-
OF-WAY (100 FEET WIDE); THENCE NORTH 87°54'59" EAST 50.04 FEET ALONG SAID
SOUTHERLY LINE TO THE EASTERLY LINE OF SAID ETIWANDA AVENUE (50.00 FEET
HALF WIDTH), SAID POINT BEING THE POINT OF BEGINNING; THENCE NORTH 87°54'59"
EAST, 911.48 FEET CONTINUING ALONG SAID SOUTHERLY LINE TO AN ANGLE POINT
IN THE NORTHWESTERLY LINE OF THE PARCEL OF LAND DESCRIBED IN GRANT DEED
TO NATIONAL CAN CORPORATION, RECORDED MAY 06, 1965 IN BOOK 6385, PAGE 456
OF OFFICIAL RECORDS; THENCE SOUTH 60°06'26" WEST 214.28 FEET ALONG SAID
NORTHWESTERLY LINE TO AN ANGLE POINT IN SAID PARCEL; THENCE SOUTH
00°07'03" WEST, 554.86 FEET ALONG THE WESTERLY LINE OF SAID PARCEL TO THE
SOUTHWEST CORNER OF SAID PARCEL; THENCE SOUTH 88°57'35" WEST, 150.02 FEET
ALONG THE WESTERLY PROJECTION OF THE SOUTHERLY LINE OF SAID PARCEL TO A
POINT ON THE EASTERLY LINE OF THAT CERTAIN STRIP OF LAND, 150 FEET WIDE,
DESCRIBED IN RIGHT-OF-WAY EASEMENT, TO SOUTHERN CALIFORNIA EDISON
COMPANY, LTD., RECORDED SEPTEMBER 27, 1938 IN BOOK 1301, PAGE 183 OF OFFICIAL
RECORDS OF SAID COUNTY; THENCE NORTH 00°07'03" EAST, 272.73 FEET ALONG LAST
SAID EASTERLY LINE TO THE SOUTH LINE OF SAID SECTION 9; THENCE NORTH
00°04'52" EAST, 319.38 FEET TO A POINT ON THE SOUTHERLY LINE OF THE LAND
DESCRIBED AS PARCEL NO. 1 IN GRANT DEED TO ROBERT C. RINGHOLZ, RECORDED
NOVEMBER 30, 1948 IN BOOK 2327, PAGE 359 OF OFFICIAL RECORDS OF SAID COUNTY,
SAID POINT BEARS 625.52 FEET (625.56 FEET GROUND) EAST ALONG SAID SOUTHERLY
LINE FROM THE SOUTHWEST CORNER OF SAID PARCEL 1 OF SAID ROBERT C.
RINGHOLZ PROPERTY, SAID SOUTHWEST CORNER BEING ON THE CENTERLINE OF
ETIWANDA AVENUE; THENCE SOUTH 87°54'59" WEST, 575.48 FEET ALONG LAST SAID
SOUTHERLY LINE TO A POINT ON SAID EASTERLY LINE OF ETIWANDA AVENUE;
THENCE NORTH 00°06'43" EAST, 60.04 FEET ALONG LAST SAID EASTERLY LINE TO THE
POINT OF BEGINNING.
TOGETHER WITH THAT PORTION DESCRIBED AS FOLLOWS:
BEING A PORTION OF THE SOUTHWEST ONE-QUARTER OF SECTION 9 AND A PORTION
OF THE NORTHWEST ONE-QUARTER OF SECTION 16, TOWNSHIP 1 SOUTH, RANGE 6
WEST, SAN BERNARDINO MERIDIAN, SITUATED IN THE CITY OF RANCHO
CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, SAID
PORTION ALSO BEING A PORTION OF THE PARCEL OF LAND DESCRIBED IN GRANT
DEED TO NATIONAL CAN CORPORATION, RECORDED MAY 06, 1965 IN BOOK 6385,
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PAGE 456 OF OFFICIAL RECORDS OF SAID COUNTY, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID NATIONAL CAN CORPORATION
PARCEL; THENCE SOUTH 88°57'35" WEST, 567.50 FEET ALONG THE SOUTHERLY
LINE OF SAID PARCEL TO A POINT ON A NON-TANGENT CURVE CONCAVE
SOUTHEASTERLY HAVING A RADIUS OF 1062.15 FEET, A RADIAL BEARING TO SAID
POINT BEARS NORTH 72°53'33" WEST; THENCE NORTHEASTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 48°02'18" AN ARC LENGTH OF 890.54 FEET
TO A POINT ON THE EASTERLY LINE OF SAID PARCEL; THENCE SOUTH 00°07'03"
WEST, 641.03 FEET ALONG SAID EASTERLY LINE TO THE POINT OF BEGINNING.
SAID LAND IS ALSO SHOWN AND DESCRIBED AS PARCEL 2 OF CERTIFICATE
OF COMPLIANCE NO. 507 RECORDED JANUARY 17, 2002 AS INSTRUMENT NO.
20020026839 OF OFFICIAL RECORDS.
For conveyancing purposes only: APNs 0229-291-45-0-000, 0229-291-46-0-000 and 0229-291-54-0-000.
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EXHIBIT “A-2”
SITE MAP
Page 151
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EXHIBIT “B”
FAIR SHARE FEES
Page 153
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EXHIBIT “C”
DEVELOPMENT PLAN
ON FILE IN THE PLANNING DEPARTMENT; TO BE ADDED PRIOR TO RECORDING
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EXHIBIT “D”
New Public Street Depiction
Via Maris Place, AKA Street “A”
Page 157
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EXHIBIT “E”
Draft Power Purchase Agreement
INDUSTRIAL ZONING DISTRICT RENEWABLE
POWER PURCHASE AGREEMENT
between
CITY OF RANCHO CUCAMONGA
and
________
Page 159
INDUSTRIAL ZONING DISTRICT
RENEWABLE POWER PURCHASE AGREEMENT
TABLE OF CONTENT
1. DOCUMENTS INCLUDED ..........................................................................................3
2. SELLER’S FACILITY AND COMMERCIAL OPERATION DATE .....................4
3. CONTRACT CAPACITY AND QUANTITY; TERM; CONTRACT PRICE;
BILLING; COLLATERAL REQUIREMENT ...........................................................6
4. GREEN ATTRIBUTES; RESOURCE ADEQUACY BENEFITS; ERR
REQUIREMENTS .......................................................................................................11
5. REPRESENTATION AND WARRANTIES; COVENANTS .................................12
6. GENERAL CONDITIONS .........................................................................................14
7. INDEMNITY ................................................................................................................18
8. LIMITATION OF DAMAGES ...................................................................................18
9. INSURANCE ................................................................................................................19
10. NOTICES ......................................................................................................................22
11. FORCE MAJEURE .....................................................................................................23
12. EVENTS OF DEFAULT AND TERMINATION .....................................................23
13. GOVERNMENTAL CHARGES ................................................................................27
14. RELEASE OF INFORMATION AND RECORDING CONVERSATION ...........27
15. ASSIGNMENT .............................................................................................................28
16. GOVERNING LAW ....................................................................................................28
17. DISPUTE RESOLUTION ...........................................................................................29
18. MISCELLANEOUS .....................................................................................................30
APPENDIX A – DEFINITIONS ..............................................................................................................33
APPENDIX B – COMMERCIAL OPERATION DATE CONFIRMATION LETTER ....................45
APPENDIX C – FORECASTING REQUIREMENTS ..........................................................................47
APPENDIX D – DESCRIPTION OF THE FACILITY.........................................................................48
APPENDIX E – INDUSTRIAL ZONING DISTRICT RENEWABLE PPA MILESTONES AND
EXAMPLE ACTION STEPS ......................................................................................49
APPENDIX F – NOTICES LIST .............................................................................................................52
APPENDIX G – FORM OF LETTER OF CREDIT..............................................................................54
APPENDIX H – FORM OF CONSENT TO ASSIGNMENT ...............................................................58
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The City of Rancho Cucamonga, a municipal corporation organized and existing under the laws
of the State of California (“Buyer” or “RCMU”), and _________(“Seller”), a ________________,
hereby enter into this Power Purchase Agreement (“Agreement”) made and effective as of the
Execution Date. Seller and Buyer are sometimes referred to in this Agreement jointly as “Parties” or
individually as “Party.” In consideration of the mutual promises and obligations stated in this
Agreement and its appendices, the Parties agree as follows:
ARTICLE ONE. DOCUMENTS INCLUDED
This Agreement includes the following appendices, which are specifically incorporated herein
and made a part of this Agreement:
Appendix A Definitions
Appendix B Commercial Operation Date Confirmation Letter
Appendix C Forecasting Requirements
Appendix D Description of the Facility
Appendix E Seller’s Milestone Schedule
Appendix F Notices List
Appendix G Form of Letter of Credit
Appendix H Form of Consent to Assignment
This Agreement specifically incorporates herein by reference as if appended hereto the
following documents (collectively referred to herein as the “Referenced Documents”):
Industrial Zoning District Renewable PPA Application, submitted by Seller, dated
__________
Industrial Zoning District Renewable PPA Generation Forecast, dated _____________
Project Phasing Plan, approved by the City of Rancho Cucamonga on _____________
To the extent any provisions of the Referenced Documents conflict with any other provisions
of the Agreement, the other provisions of the Agreement shall control.
ARTICLE TWO. SELLER’S FACILITY AND COMMERCIAL OPERATION DATE
This Agreement governs Buyer’s purchase of the Product from the electrical generating facility
(hereinafter referred to as the “Facility” or “Project”) as described in this Section.
1.1. Facility Location. The Facility is physically located at:
_____________________________.
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1.2. Facility Name. The Facility is named _____________.
1.2.1. The Facility’s renewable resource is _______.
1.3. Interconnection Point. The Facility is connected to the Rancho Cucamonga Municipal
Utility (RCMU’s) electric system at __________ distribution circuit at a service
voltage of __12____ kV.
1.4. Delivery Point. The Delivery Point for Energy is the Interconnection Point.
1.5. Facility Description. A description of the Facility, including a summary of its
significant components, a drawing showing the general arrangements of the Facility,
and a single line diagram illustrating the interconnection of the Facility and loads with
the Transmission/Distribution Owner’s electric distribution system, is attached and
incorporated herein as Appendix D.
1.6. Commercial Operation.
1.6.1. The Facility’s expected Commercial Operation Date is _______.
1.6.2. Seller shall achieve Commercial Operation no later than the expected Commercial
Operation Date specified in Section 2.6.1, which date shall be no later than _______
(__) months from the Execution Date of this Agreement. The expected Commercial
Operation Date specified in Section 2.6.1 may be extended for only the following
reasons:
1.6.2.1. If Seller has taken all commercially reasonable actions (including but not
limited to Seller’s timely filing of all required applications and documents,
payment of all applicable fees, and completion of all electric system upgrades
needed, if any) to have the Project physically interconnected to the
Transmission/Distribution Owner’s distribution system, but fails to secure
any necessary commitments from the Transmission/Distribution Owner for
such interconnection and upgrades due to delays beyond Seller’s reasonable
control, then the expected Commercial Operation Date specified in Section
2.6.1 shall be extended for the number of days necessary to physically
interconnect the Facility; provided, however, that such delay may not extend
the expected Commercial Operation Date specified in Section 2.6.1 for a
period of more than six (6) months; or
1.6.2.2. If Seller has taken all commercially reasonable actions (including but not
limited to Seller’s timely filing of all required applications and documents
and payment of all applicable fees, if any) to obtain permits necessary to
construct and operate the facility but fails to secure any such permits due to
delays beyond Seller’s reasonable control, then the expected Commercial
Operation Date specified in Section 2.6.1 shall be extended for the number
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Page 5
of days necessary to secure such permits; provided, however, that such delay
may not extend the expected Commercial Operation Date specified in Section
2.6.1 for a period of more than six (6) months; or
1.6.2.3. In the event of Force Majeure, the expected Commercial Operation Date
specified in Section 2.6.1 shall be extended on a day-to-day basis for a
cumulative period of not more than six (6) months; provided that Seller
complies with Section 10.
1.6.2.4. Extensions under Section 2.6.2.1, 2.6.2.2, and 2.6.2.3, to the extent they
may occur concurrently, shall run concurrently.
1.6.3. Seller shall provide Notice to Buyer of the Commercial Operation Date of the
Facility at least thirty (30) days prior to such date.
1.6.4. Notwithstanding anything in this Agreement, if Seller is unable to achieve
Commercial Operation by the expected Commercial Operation Date specified in
Section 2.6.1, which may be extended pursuant to Section 2.6.2, then Seller shall
either (i) terminate the Agreement, in which case Buyer may retain the full
Reservation Deposit, or (ii) pay to Buyer daily delay damages in the amount of
twenty cents ($0.20) for each kilowatt of Contract Capacity for each day beyond the
expected Commercial Operation Date specified in Section 2.6.1, as may be extended
pursuant to Section 2.6.2, that Seller requires to achieve Commercial Operation.
1.6.5. Commercial Operation shall occur only when all of the following conditions have
been satisfied:
1.6.5.1. the Facility’s status as an Eligible Renewable Energy Resource is
demonstrated by Seller’s receipt of pre-certification from the CEC;
1.6.5.2. the Parties have executed and exchanged the “Commercial Operation Date
Confirmation Letter” attached as Appendix B;
1.6.5.3. Seller is in compliance with all applicable requirements of the RCMU
Electric Service Rule 22 – Generating Facility Interconnections;
1.6.5.4. Seller has furnished to Buyer all insurance documents required under
Section 9;
1.6.5.5. Seller has provided thirty (30) days’ Notice prior to the Commercial
Operation Date as required under Section 2.6.3;
1.6.5.6. Seller has obtained all permits necessary to operate the Facility and is in
compliance with all Laws applicable to the operation of the Facility;
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1.6.5.7. Seller has successfully installed and tested the Facility at its full Contract
Capacity, and the Facility is capable of reliably generating at its full Contract
Capacity; and
1.6.5.8. Seller has satisfied the Collateral Requirement set forth in Section 3.9.
1.6.5.9. The City of Rancho Cucamonga has approved the Phasing Plan submitted
by Seller for the Facility.
ARTICLE THREE. CONTRACT CAPACITY AND QUANTITY; TERM; CONTRACT
PRICE; BILLING; COLLATERAL REQUIREMENT
1.7. Contract Capacity. Pursuant to the Phasing Plan approved by the City of Rancho
Cucamonga, the Contract Capacity is as follows:
Phase 1: _____ kW, alternating current (AC).
Phase 2: _____ kW, alternating current (AC).
Phase 3: _____ kW, alternating current (AC).
1.8. Contract Quantity.
1.8.1. The “Contract Quantity” during each Contract Year is the amount set forth in the
applicable Contract Year in the “Delivery Term Contract Quantity Schedule,” set
forth in Appendix F , which amount is net of Station Use. Seller shall have the
option to update the Delivery Term Contract Quantity Schedule one (1) time prior
to Commercial Operation Date by an amount not to exceed a five percent (5%)
increase or decrease from the Contract Quantity specified as of the Execution Date.
1.8.2. At least ninety (90) days prior to the occurrence of a Phasing Plan Transition Event,
Seller shall provide Notice to Buyer that includes the following information (i) the
new Contract Capacity consistent with Section 3.1; (ii) the date upon which the
changed Contract Capacity will be available to Buyer; and (iii) documentation
reasonably satisfactory to Buyer demonstrating that the requirements of the Phasing
Plan have been met.
1.8.3. Within thirty (30) days of receiving Notice from Seller pursuant to Section 3.2.2.,
the City Manager shall cause the Contract Quantity values specified in Appendix F
to be modified for the applicable Contract Years consistent with the Phasing Plan,
and such modification shall be considered an element of the administration of this
Agreement and shall not require the consent of the Parties hereto. Upon such
modification, the City Manager shall promptly provide a copy of such revised
Appendix F to Seller.
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1.9. Transaction. During the Delivery Term, Seller shall sell and deliver, or cause to be
delivered, and Buyer shall purchase and receive, all Product produced by or associated with
the Facility that is delivered to the Delivery Point. In no event shall Seller have the right to
procure the Product from sources other than the Facility for sale or delivery to Buyer under
this Agreement. Buyer shall have no obligation to receive or purchase the Product from
Seller prior to the Commercial Operation Date or after the end of the Delivery Term.
1.10. Term of Agreement; Survival of Rights and Obligations.
1.10.1. The term shall commence upon the Execution Date of this Agreement and shall
remain in effect until the conclusion of the Delivery Term unless terminated sooner
pursuant to Sections 10.4 or 11 of this Agreement (the “Term”).
1.10.2. Notwithstanding anything to the contrary in this Agreement, all of the rights and
obligations that this Agreement expressly provides survive termination as well as
the rights and obligations that arise from Seller’s or Buyer’s covenants, agreements,
representations, and warranties applicable to, or to be performed, at or during any
time before or as a result of the termination of this Agreement.
1.11. Delivery Term. Seller shall deliver the Product from the Facility to Buyer for a period
of twenty-five (25) Contract Years for all generation technologies. The Delivery Term
shall commence on the Commercial Operation Date and continue until the end of the
last Contract Year unless the Agreement is terminated sooner pursuant to the terms of
the Agreement.
1.12. Contract Price.
1.12.1.Throughout the Delivery Term, and subject to and in accordance with the terms of
this Agreement, Buyer shall pay the Contract Price to Seller for the Product based
on the amount of Delivered Energy. The Contract Price shall be $__ per MWh of
Delivered Energy.
1.12.2. In any Contract Year, if the amount of Delivered Energy exceeds one hundred
fifteen percent (115%) of the annual Contract Quantity amount, the Contract Price
for such Delivered Energy in excess of one hundred fifteen percent (115%) shall be
adjusted to be seventy-five percent (75%) of the applicable Contract Price.
1.12.3. Seller shall curtail production of the Facility in accordance with the applicable
Notice after receipt of: (a) Notice from Buyer that Buyer has been instructed by the
CAISO or the Transmission/Distribution Owner or any other jurisdictional entity to
curtail Energy deliveries; or (b) Notice that Seller has been given a curtailment order
or similar instruction in order to respond to an Emergency; or (c) Notice of a
Curtailment Order issued by Buyer. Buyer shall have no obligation to pay Seller for
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any Product delivered in violation of this Section 3.6.3. Seller shall assume all
liability and reimburse Buyer for any and all costs and charges incurred by Buyer,
including but not limited to CAISO penalties, as a result of Seller delivering Energy
in violation of the Section 3.6.3. Buyer shall have no obligation to pay Seller for any
Product that Seller would have been able to deliver but for the fact of a curtailment
pursuant to subsection (a) or (b) of the first sentence of this Section 3.6.3.
1.12.4. Buyer shall have the right, but not the obligation, to issue to Seller a Curtailment
Order. Buyer shall pay Seller the Contract Price for the Product Seller would have
been able to deliver but for the fact that Buyer issued a Curtailment Order (“Paid
Curtailed Product”) as calculated pursuant to Section 3.6.5.
1.12.5. No later than fifteen (15) days after the end of a calendar month in which Buyer
issued a Curtailment Order, Seller shall prepare and provide to Buyer a calculation
of the amount of Product the Facility would have been able to deliver under Sections
3.6.4 for the applicable month. Seller shall apply accepted industry standards in
making such calculation and take into consideration past performance of the
Facility, and other relevant information, including but not limited to, Facility
availability, weather, water flow, and solar irradiance data for the period of time
during the Buyer issued Curtailment Order. Upon Buyer’s request, Seller shall
promptly provide to Buyer any additional and supporting documentation necessary
for Buyer to audit and verify Seller’s calculation.
1.13. Billing.
1.13.1. The amount of Delivered Energy shall be determined by the meter specified in
Section 6.2.1 or Check Meter, as applicable. Buyer has no obligation to purchase
from Seller any Energy that is not or cannot be delivered to the Delivery Point,
regardless of circumstance. Buyer will not be obligated to pay Seller for any Product
that Seller delivers in violation of Section 3.6.3, including any Product Seller
delivers in excess of the amount specified in any Curtailment Order.
1.13.2. For the purpose of calculating monthly payments under this Agreement, the
amount recorded by the meter specified in Section 6.2.1 or Check Meter, as
applicable, will be multiplied by the Contract Price noted in Section 3.6.1, as
possibly adjusted under Section 3.6.2, less any Energy produced by the Facility for
which Buyer is not obligated to pay Seller as set forth in Section 3.7.1.
1.13.3. On or before the last Business Day of the month immediately following each
calendar month, Seller shall determine the amount of Delivered Energy received by
Buyer pursuant to this Agreement for each monthly period and issue an invoice
showing the calculation of the payment. Seller shall also provide to Buyer: (a)
records of metered data sufficient to document and verify the generation of
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Delivered Energy by the Facility during the preceding month; (b) access to any
records; and (c) an invoice, in the format specified by Buyer.
1.13.4. 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, with Notice of the objection given to the other Party.
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. In the event adjustments to payments are
required as a result of inaccurate meter(s), Buyer in its reasonable discretion shall
determine the correct amount of Delivered Energy received under this Agreement
during any period of inaccuracy and recompute the amount due from Buyer to Seller
for the Delivered Energy delivered during the period of inaccuracy. The Parties
agree to use good faith efforts to resolve the dispute or identify the adjustment as
soon as possible. Upon resolution of the dispute or calculation of the adjustment,
any required payment shall be made within thirty (30) days of such resolution.
1.13.5. All interest paid or payable under this Agreement shall be computed as simple
interest using the Interest Rate and, unless specified otherwise in this Agreement,
shall be paid concurrently with the payment or refund of the underlying amount on
which such interest is payable.
1.14. Title and Risk of Loss. Title to and risk of loss related to the Energy from the Facility
shall transfer from Seller to Buyer at the Delivery Point. Seller warrants that it will
deliver to Buyer the Product from the Facility free and clear of all liens, security
interests, claims, and encumbrances or any interest therein or thereto by any person.
1.15. Collateral Requirement. On or before the Commercial Operation Date, Seller shall
post and thereafter maintain a collateral requirement equal to sixty dollars ($60.00) for
each kilowatt of Contract Capacity (the “Collateral Requirement”). The Collateral
Requirement will be held by Buyer and must be in the form of either cash deposit or
Letter of Credit. The Collateral Requirement shall be posted to Buyer and maintained
at all times during the Delivery Term. Buyer shall be entitled to draw upon the
Collateral Requirement for any damages arising upon Buyer’s declaration of an Early
Termination Date as set forth in Section 12.3. In the event that Buyer draws on the
Collateral Requirement, Seller shall promptly replenish such Collateral Requirement
to the amount specified in this Section 3.9. Buyer shall return the unused portion of
the Collateral Requirement to Seller promptly at the end of the Delivery Term, once
all payment obligations of the Seller under this Agreement have been satisfied. Buyer
shall pay simple interest on cash held to satisfy the Collateral Requirements at the rate
and in the manner set forth in Section 3.7.5.
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ARTICLE FOUR.GREEN ATTRIBUTES; RESOURCE ADEQUACY BENEFITS; ERR
REQUIREMENTS
1.16. Green Attributes. Seller hereby provides and conveys all green attributes associated
with all electricity generation from the project to buyer as part of the product being
delivered. seller represents and warrants that seller holds the rights to all green
attributes from the project, and seller agrees to convey and hereby conveys all such
green attributes to buyer as included in the delivery of the product from the project.
1.17. Conveyance of Product. Throughout the Delivery Term, Seller shall provide and
convey the Product to Buyer in accordance with the terms of this Agreement, and
Buyer shall have the exclusive right to the Product. Seller shall, at its own cost, take
all actions and execute all documents or instruments that are reasonable and necessary
to effectuate the use of the Green Attributes, Resource Adequacy Benefits, if any, and
Capacity Attributes, if any, for Buyer’s benefit throughout the Delivery Term.
1.18. WREGIS. Seller shall cause and allow Buyer, or Buyer’s agent, to be the “Qualified
Reporting Entity” and “Account Holder” (as such terms are defined by WREGIS) for
the Facility within thirty (30) days after the Commercial Operation Date. In the event
that Buyer is not the Qualified Reporting Entity, Seller shall, at its sole expense, take
all actions necessary and provide any documentation requested by Buyer in support of
WREGIS account administration and compliance with the California Renewables
Portfolio Standard. Seller, at its sole expense, shall take all necessary steps and
submit/file all necessary documentation to ensure that the Facility remains an Eligible
Renewable Energy Resource throughout the Delivery Term as outlined in Section 4.5
and that all WREGIS Certificates associated with the Product accrue to Buyer and will
satisfy the requirements of the California Renewables Portfolio Standard.
1.19. Resource Adequacy Benefits.
1.19.1. During the Delivery Term, Seller grants, pledges, assigns and otherwise commits
to Buyer all of the Contract Capacity, including Capacity Attributes, if any, from
the Project to enable Buyer to meet its Resource Adequacy or successor program
requirements, as the CAISO or other regional entity may prescribe (“Resource
Adequacy Requirements”).
1.19.2. Seller shall cooperate in good faith with and comply with reasonable requests of
Buyer to enable Buyer to maximize anyResource Adequacy Benefits attributable to
the Facility or any credits that reduce the Resource Adequacy Requirements of the
Buyer.
1.20. Eligible Renewable Energy Resource. Seller shall take all actions necessary to achieve
and maintain status as an Eligible Renewable Energy Resource (“ERR”) throughout
the Delivery Term. Within thirty (30) days after the Commercial Operation Date,
Seller shall file an application or other appropriate request with the CEC for CEC
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Certification for the Facility. Seller shall expeditiously seek CEC Certification,
including promptly responding to any requests for information from the requesting
authority.
ARTICLE FIVE. REPRESENTATION AND WARRANTIES; COVENANTS
1.21. Representations and Warranties. On the Execution Date, each Party represents and
warrants to the other Party that:
1.21.1. it is duly organized, validly existing and in good standing under the Laws of the
jurisdiction of its formation;
1.21.2. the execution, delivery and performance of this Agreement are within its powers,
have been duly authorized by all necessary action and do not violate any of the terms
and conditions in its governing documents, any contracts to which it is a party or
any Laws;
1.21.3. this Agreement and each other document executed and delivered in accordance
with this Agreement constitutes a legally valid and binding obligation enforceable
against it in accordance with its terms;
1.21.4. it is not Bankrupt and there are no proceedings pending or being contemplated by
it or, to its knowledge, threatened against it which would result in it being or
becoming Bankrupt; and
1.21.5. there is not pending or, to its knowledge, threatened against it or any of its
Affiliates any legal proceedings that could materially adversely affect its ability to
perform its obligations under this Agreement.
1.22. General Covenants. Each Party covenants that throughout the Term of this
Agreement:
1.22.1. it shall continue to be duly organized, validly existing and in good standing under
the Laws of the jurisdiction of its formation;
1.22.2. it shall maintain (or obtain from time to time as required, including through
renewal, as applicable) all regulatory authorizations necessary for it to legally
perform its obligations under this Agreement; and
1.22.3. it shall perform its obligations under this Agreement in a manner that does not
violate any of the terms and conditions in its governing documents, any contracts to
which it is a party, or any Law.
1.23. Seller’s Representations, Warranties and Covenants. In addition to the
representations, warranties and covenants specified in Sections 5.1 and 5.2, Seller
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makes the following additional representations, warranties and covenants to Buyer, as
of the Execution Date:
1.23.1. Seller has met all applicable legal and regulatory requirements to sell wholesale
electricity in California;
1.23.2. Seller, and, if applicable, its successors, represents and warrants that throughout
the Delivery Term of this Agreement that: (i) the Project qualifies and is certified
by the CEC as an ERR as such term is defined in Public Utilities Code
Section 399.12 or Section 399.16; and (ii) the Project’s 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;
1.23.3. 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, as set forth in the California Energy
Commission’s Enforcement Procedures for the Renewables Portfolio Standard for
Local Publicly Owned Electric Utilities adopted on December 22, 2020, and as may
be modified by subsequent decision of the California Energy Commission 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;
1.23.4. Throughout the Delivery Term, Seller shall: (a) own and operate the Facility; (b)
deliver the Product to Buyer free and clear of all liens, security interests, claims, and
encumbrances or any interest therein or thereto by any individual or entity; and (c)
hold the rights to all of the Product;
1.23.5. Seller is acting for its own account, has made its own independent decision to
enter into this Agreement and as to whether this Agreement is appropriate or proper
for it based upon its own judgment, is not relying upon the advice or
recommendations of the Buyer in so doing, and is capable of assessing the merits
of, and understands and accepts, the terms, conditions and risks of this Agreement;
1.23.6. Throughout the Delivery Term: (a) Seller shall not convey, transfer, allocate,
designate, award, report or otherwise provide any or all of the Product, or any
portion thereof, or any benefits derived therefrom, to any party other than Buyer;
and (b) Seller shall not start-up or operate the Facility per instruction of or for the
benefit of any third party, except as required by other Laws;
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1.23.7. The construction of the Facility shall comply with all Laws, including applicable
state and local laws, building standards, and interconnection requirements;
1.23.8. No other person or entity, including any other generating facility, has any rights
in connection with Seller’s Interconnection Agreement or Seller’s Interconnection
Facilities and no other persons or entities shall have any such rights during the Term;
1.23.9. During the Delivery Term, Seller shall not allow any other person or entity,
including any other generating facility, to use Seller’s Interconnection Facilities;
and
1.23.10. All representations made by Seller in its Industrial Zoning District Renewable
PPA Application are true and correct.
1.23.11. Pursuant to the requirements of Section 17.76.020 of Chapter 17.76 of
(Alternative Energy Systems and Facilities) of Article IV (Site Development
Provisions) of Title 17 (Development Code) of the Rancho Cucamonga Municipal
Code, the Contract Capacity, during the applicable phase, is sufficient to meet the
annualized customer load.
ARTICLE SIX. GENERAL CONDITIONS
1.24. Interconnection Requirements. During the Delivery Term, Seller shall comply with
all contractual, metering, and applicable interconnection requirements, including those
set forth in the RCMU Electric Service Rule 22,, Transmission/Distribution Owner’s
applicable tariffs, the CAISO Tariff and implementing CAISO standards and
requirements, and all Laws so as to be able to deliver Energy to the Delivery Point.
Seller shall provide and maintain during the Delivery Term, at its cost, all data
processing gateways or remote intelligence gateways, telemetering equipment and
data acquisition services, and associated measuring and recording equipment
necessary to meet all applicable WREGIS and RCMU requirements applicable to the
Facility during the Delivery Term.
1.25. Metering Requirements.
1.25.1. All Energy from the Project must be delivered through a single revenue quality
meter and that meter must be dedicated exclusively to the Project. All Delivered
Energy purchased under this Agreement must be measured by the Project’s revenue
quality meter(s) to be eligible for payment under this Agreement. Seller shall bear
all costs relating to all metering equipment installed to accommodate the Project.
1.25.2. Buyer may, at its sole cost, furnish and install one Check Meter at the
interconnection associated with the Facility at a location provided by Seller that is
compliant with Buyer’s electric service requirements. The Check Meter may be
interconnected with Buyer’s communication network, or the communication
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network of Buyer’s Agent, to permit periodic, remote collection of revenue quality
meter data. In the event that Buyer elects to install a Check Meter, Buyer may
compare the Check Meter data to the Facility’s revenue meter data. If the deviation
between the Facility’s revenue meter data and the Check Meter data for any
comparison is greater than 0.3%, Buyer may provide Notice to Seller of such
deviation and the Parties shall mutually arrange for a meter check or recertification
of the Check Meter or the Facility’s revenue meter, as applicable. Each Party shall
bear its own costs for any meter check or recertification. Testing procedures and
standards for the Check Meter shall be the same as for a comparable Buyer-owned
meter. Parties shall have the right to have representatives present during all such
tests. The Check Meter, if Buyer elects to install a Check Meter, is intended to be
used for back-up purposes in the event of a failure or other malfunction of the
Facility’s revenue meter, and Check Meter data shall only be used to validate the
Facility’s revenue meter data and, in the event of a failure or other malfunction of
the Facility’s revenue meter, in place of the Facility’s revenue meter until such time
that the Facility’s revenue meter is recertified.
1.26. Meter Data. Seller hereby agrees to provide all meter data to Buyer in a form
acceptable to Buyer, including any inspection, testing and calibration data and reports.
Seller shall grant Buyer and Buyer’s agent the right to retrieve the meter readings from
Seller or Seller’s meter reading agent.
1.27. Standard of Care. Seller shall: (a) maintain and operate the Facility and
Interconnection Facilities in conformance with RCMU Rule 22, all Laws, and Prudent
Electrical Practices; (b) obtain any governmental authorizations and permits required
for the construction and operation of the Facility and Interconnection Facilities; and
(c) generate, schedule and perform transmission services in compliance with all
applicable RCMU rulesand Prudent Electrical Practices. Seller shall reimburse Buyer
for any and all losses, damages, claims, penalties, or liability Buyer incurs as a result
of Seller’s failure to obtain or maintain any governmental authorizations and permits
required for construction and operation of the Facility throughout the Term of this
Agreement.
1.28. Access Rights.
1.28.1. Operations Logs. Seller shall maintain a complete and accurate log of all material
operations and maintenance information on a daily basis. Such log shall include,
but not be limited to, information on power production, fuel consumption (if
applicable), efficiency, availability, maintenance performed, outages, results of
inspections, manufacturer recommended services, replacements, electrical
characteristics of the generators, control settings or adjustments of equipment and
protective devices. Seller shall provide this information electronically to Buyer
within twenty (20) days of Buyer’s request.
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1.28.2. Access Rights. Buyer, its authorized agents, employees and inspectors may, on
reasonable advance notice under the circumstances, visit the Project during normal
business hours for purposes reasonably connected with this Agreement. Buyer, its
authorized agents, employees and inspectors must (a) at all times adhere to all safety
and security procedures as may be required by Seller; and (b) not interfere with the
operation of the Project. Buyer shall make reasonable efforts to coordinate its
emergency activities with the safety and security departments, if any, of the Project
operator. Seller shall keep Buyer advised of current procedures for contacting the
Project operator’s safety and security departments, if any exist.
1.29. Protection of Property. Seller shall be solely responsible for protecting its own
facilities from possible damage resulting from electrical disturbances or faults caused
by the operation, faulty operation, or non-operation of the Transmission/Distribution
Owner's facilities. Buyer shall not be liable for any such damages so caused.
1.30. Forecasting. Seller shall comply with the forecasting in Appendix C.
1.31. Greenhouse Gas Emissions. Seller acknowledges that a Governmental Authority may
require Buyer to take certain actions with respect to greenhouse gas emissions
attributable to the generation of Energy, including, but not limited to, reporting,
registering, tracking, allocating for or accounting for such emissions. Promptly
following Buyer’s written request, Seller agrees to take all commercially reasonable
actions and execute or provide any and all documents, information, or instruments
with respect to generation by the Facility reasonably necessary to permit Buyer to
comply with such requirements, if any.
1.32. Reporting and Record Retention.
1.32.1. Seller shall use commercially reasonable efforts to meet the Milestone Schedule
set forth in Appendix E and avoid or minimize any delays in meeting such schedule.
Seller shall provide Project development status reports in a format and a frequency,
which shall not exceed one (1) report per month, specified by the Buyer. The report
shall describe Seller’s progress relative to the development, construction, and
startup of the Facility, as well as a Notice of any anticipated change to the
Commercial Operation Date and whether Seller is on schedule to meet the
Commercial Operation Date.
1.32.2. Seller shall within ten (10) Business Days of receipt thereof provide to Buyer
copies of any Interconnection Agreement and all other material reports, studies and
analyses furnished by any Transmission/Distribution Owner, and any
correspondence with the Transmission/Distribution Owner related thereto,
concerning the interconnection of the Facility to the Transmission/Distribution
Owner’s electric system or the transmission of Energy on the
Transmission/Distribution Owners’ electric system.
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1.32.3. Seller shall provide to Buyer on the Commercial Operation Date, and within thirty
(30) days after the completion of each Contract Year thereafter during the Delivery
Term, a copy of any inspection and maintenance report regarding the Facility that
was also provided to the Transmission/Distribution Owner during the previous
Contract Year.
1.33. Tax Withholding Documentation. Upon Buyer’s request, Seller shall promptly
provide to Buyer Internal Revenue Service tax Form W-9 and California tax Form 590
(or their equivalent), completed with Seller’s information, and any other
documentation necessary for Buyer to comply with its tax reporting or withholding
obligations with respect to Seller.
1.34. Modifications to Facility. During the Delivery Term, Seller shall not repower or
materially modify or alter the Facility without the written consent of Buyer. Material
modifications or alterations include, but are not limited to, (a) movement of the Site,
(b) changes that may increase or decrease the expected output of the Facility other than
as allowed under Section 3.2, (c) changes that may affect the generation profile of the
Facility, (d) changes that may affect the ability to accurately measure the output of
Product from the Facility and (e) changes that conflict with elections, information, or
requirements specified elsewhere in this Agreement. Material modifications or
alterations do not include maintenance and repairs performed in accordance with
Prudent Electrical Practices. Seller shall provide to Buyer Notice not less than ninety
(90) days before any proposed repowering, modification, or alteration occurs
describing the repowering, modification, or alteration to Buyer’s reasonable
satisfaction.
1.35. No Additional Incentives. Seller agrees that during the Term of this Agreement it shall
not seek additional compensation or other benefits pursuant to the Self-Generation
Incentive Program, as defined in CPUC Decision 01-03-073, the California Solar
Initiative, as defined in CPUC Decision 06-01-024, Buyer’s net energy metering tariff,
or other similar California ratepayer subsidized program relating to energy production
with respect to the Facility.
1.36. Site Control. Seller shall have Site Control as of the earlier of: (a) the Commercial
Operation Date; or (b) any date before the Commercial Operation Date to the extent
necessary for the Seller to perform its obligations under this Agreement and, in each
case, Seller shall maintain Site Control throughout the Delivery Term. Seller shall
promptly provide Buyer with Notice if there is any change in the status of Seller’s Site
Control.
ARTICLE SEVEN. INDEMNITY
1.37. Seller shall indemnify, defend, and hold harmless Buyer and its directors, officers,
officials, and employees against and from any and all loss, liability, damage, expense,
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and costs (including without limitation costs and fees of litigation and reasonable
attorneys’ fees) of every nature resulting from or arising out of Seller’s performance
of its obligations under this Agreement, or its failure to comply with any of its
obligations contained in this Agreement, except such loss or damage which was caused
by the sole negligence or willful misconduct of Buyer.
1.38. 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. Seller agrees to indemnify, defend, and hold
harmless, Buyer for any costs incurred by Buyer if and to the extent that Seller’s
actions or inactions causes any or all of them to become required, whether statutorily
or otherwise, to bear the cost of any decommissioning or demolition of the Facility or
any environmental or other liability associated therewith, including, but not limited to,
any investigations, actions, suits, claims, demands, losses, liabilities, penalties, and
expenses (including reasonable attorneys’ fees) associated with clean-up costs and
defense costs. The indemnity requirements set forth in this Section shall survive the
termination of this Agreement.
ARTICLE EIGHT. LIMITATION OF DAMAGES
EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT THERE IS NO
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
AND ANY AND ALL IMPLIED WARRANTIES ARE DISCLAIMED. LIABILITY SHALL
BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY, SUCH DIRECT ACTUAL
DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY AND ALL OTHER
REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED UNLESS
EXPRESSLY HEREIN PROVIDED. NEITHER PARTY SHALL BE LIABLE FOR
CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES,
LOST PROFITS OR OTHER BUSINESS INTERRUPTION DAMAGES, BY STATUTE, IN
TORT OR CONTRACT, UNDER ANY INDEMNITY PROVISION OR OTHERWISE.
UNLESS EXPRESSLY HEREIN PROVIDED, AND SUBJECT TO THE PROVISIONS OF
SECTION 7 (INDEMNITY), 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.
ARTICLE NINE. INSURANCE
1.39. Insurance Coverage. Seller shall, at its own expense, starting on the Execution Date
and until the end of the Term, and for such additional periods as may be specified
below, provide and maintain in effect the following insurance policies and minimum
limits of coverage as specified below, and such additional coverage as may be required
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by Law, with insurance companies authorized to do business in the state in which the
services are to be performed, with an A.M. Best’s Insurance Rating of not less than
A-:VII.
1.39.1. Commercial General Liability Insurance. Commercial general liability insurance,
written on an occurrence, not claims-made basis, covering all operations by or on
behalf of Seller arising out of or connected with this Agreement, including coverage
for bodily injury, broad form property damage, personal and advertising injury,
products/completed operations, contractual liability, premises-operations, owners
and contractors protective, hazard, explosion, collapse and underground. Such
insurance must bear a combined single limit per occurrence and annual aggregate of
not less than five million dollars ($5,000,000.00), exclusive of defense costs, for all
coverages. Such insurance must contain standard cross-liability and severability of
interest provisions. The Seller shall name the Buyer, its officers, officials,
employees, and volunteers as additional insureds on the completed operations
policy. The completed operations policy shall be as broad as one of the following
ISO forms CG 20 37, 2039, or CG 20 40. Completed operations coverage must be
maintained for a period of not less than four (4) years after this Agreement
terminates. If Seller elects, with Buyer’s written concurrence, to use a “claims
made” form of commercial general liability insurance, then the following additional
requirements apply: (a) the retroactive date of the policy must be prior to the
Execution Date; and (b) either the coverage must be maintained for a period of not
less than four (4) years after this Agreement terminates, or the policy must provide
for a supplemental extended reporting period of not less than four (4) years after this
Agreement terminates. Governmental agencies which have an established record of
self-insurance may provide the required coverage through self-insurance.
1.39.2. Workers’ Compensation Insurance. Workers’ compensation insurance with
statutory limits, as required by the state having jurisdiction over Seller’s employees,
and employer’s liability insurance with limits of not less than: (a) bodily injury by
accident - one million dollars ($1,000,000.00) each accident; (b) bodily injury by
disease - one million dollars ($1,000,000.00) policy limit; and (c) bodily injury by
disease - one million dollars ($1,000,000.00) each employee.
1.39.3. Commercial Automobile Liability Insurance. Commercial automobile liability
insurance covering bodily injury and property damage with a combined single limit
of not less than one million dollars ($1,000,000.00) per occurrence. Such insurance
must cover liability arising out of Seller’s use of all owned, non-owned and hired
automobiles in the performance of the Agreement.
1.39.4. Umbrella/excess liability Insurance. Umbrella/excess liability insurance, written
on an occurrence, not claims-made basis, providing coverage excess of the
underlying employer’s liability, commercial general liability, and commercial
automobile liability insurance, on terms at least as broad as the underlying coverage,
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with limits of not less than four million dollars ($4,000,000.00) per occurrence and
in the annual aggregate.
1.39.5. Pollution Liability Insurance. If the scope of work involves areas of known
pollutants or contaminants, pollution liability coverage will be required to cover
bodily injury, property damage, including clean-up costs and defense costs resulting
from sudden, and accidental conditions, including the discharge, dispersal, release
or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals,
hydrocarbons, liquids or gases, waste materials or other irritants, contaminants or
pollutants into or upon land, the atmosphere or any water course or body of water
shall be maintained. The limit will not be less than one million dollars
($1,000,000.00) per occurrence or claim, and $2,000,000 policy aggregate for
bodily injury and property damage. The policy will endorse RCMU as additional
insured. If the contractor maintains broader coverage and/or higher limits than the
minimums shown above for all policies, the City requires and shall be entitled to the
broader coverage and/or higher limits maintained by the contractor. Any available
insurance proceeds in excess of the specified minimum limits of insurance and
coverage shall be available to the City.
1.40. Additional Insurance Provisions.
1.40.1. On or before the later of (a) sixty (60) days after the Execution Date and (b) the
date immediately preceding commencement of construction of the Facility, and
again within a reasonable time after coverage is renewed or replaced, Seller shall
furnish to Buyer certificates of insurance evidencing the coverage required above,
written on forms and with deductibles reasonably acceptable to Buyer.
Notwithstanding the foregoing sentence, Seller shall in no event furnish Buyer
certificates of insurance evidencing required coverage later than the Commercial
Operation Date. All deductibles, co-insurance and self-insured retentions applicable
to the insurance above must be paid by Seller. All certificates of insurance must
note that the insurers issuing coverage must endeavor to provide Buyer with at least
thirty (30) days’ prior written notice in the event of cancellation of coverage.
Buyer’s receipt of certificates that do not comply with the requirements stated in
this Section 9.2.1, or Seller’s failure to provide such certificates, do not limit or
relieve Seller of the duties and responsibility of maintaining insurance in compliance
with the requirements in this Section 9 and do not constitute a waiver of any of the
requirements of Section 9.
1.40.2. Insurance coverage described above in Section 9.1 shall provide for thirty (30)
days written Notice to Buyer prior to cancellation, termination, alteration, or
material change of such insurance.
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1.40.3. Evidence of coverage described above in Section 9.1 shall state that coverage
provided is primary and is not excess to or contributing with any insurance or self-
insurance maintained by Buyer.
1.40.4. Buyer shall have the right to inspect or obtain a copy of the original policy(ies) of
insurance.
1.40.5. All insurance certificates, endorsements, cancellations, terminations, alterations,
and material changes of such insurance must be issued, clearly labeled with this
Agreement’s identification number and submitted in accordance with Section 10
and Appendix F.
1.40.6. The insurance requirements set forth in Section 9.1 shall apply as primary
insurance to, without a right of contribution from, any other insurance maintained
by or afforded to Buyer, its subsidiaries and Affiliates, and their respective officers,
directors, shareholders, agents, and employees, regardless of any conflicting
provision in Seller's policies to the contrary. To the extent permitted by Law, Seller
and its insurers shall be required to waive all rights of recovery from or subrogation
against Buyer, its subsidiaries and Affiliates, and their respective officers, directors,
shareholders, agents, employees and insurers. The commercial general liability
insurance required in Section 9.1.1 and the umbrella/excess liability insurance
required in Section 9.1.4 must name Buyer, its subsidiaries and Affiliates, and their
respective officers, directors, shareholders, agents and employees, as additional
insureds for liability arising out of Seller’s construction, use or ownership of the
Facility. The Worker’s Compensation policy shall be endorsed with a waiver of
subrogation in favor of the Buyer for all work performed by the Seller, its
employees, agents and subcontractors.
1.40.7. Seller shall remain liable for all acts, omissions or default of any subcontractor or
subsupplier and shall indemnify, defend and hold harmless Buyer for any and all
loss or damages, as well as all costs, charges and expenses which Buyer may suffer,
incur, or bear as a result of any acts, omissions or default by or on behalf of any
subcontractor or subsupplier.
1.40.8. If Seller fails to comply with any of the provisions of this Section 9, Seller, among
other things and without restricting Buyer’s remedies under Law or otherwise, shall, at
its own cost, act as an insurer and provide insurance in accordance with the terms and
conditions of this Section 9. With respect to the required commercial general liability
insurance set forth in Section 9.1.1, umbrella/excess liability insurance set forth in
Section 9.1.4, commercial automobile liability insurance set forth in Section 9.1.3, and
pollution liability insurance set forth in Section 9.1.5 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 with an A.M.
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Best’s Insurance Rating of A-:VII would have, had the insurance been maintained in
accordance with the terms and conditions set forth in this Section 9 and given the
required additional insured wording in the commercial general liability insurance and
umbrella/excess liability insurance, and standard “Who is an Insured” provision in
commercial automobile liability form.
ARTICLE TEN. NOTICES
Notices (other than forecasts and scheduling requests) shall, unless otherwise specified herein,
be in writing and may be delivered by hand delivery, United States mail, overnight courier
service, facsimile, or electronic messaging (e-mail). A notice sent by facsimile transmission or
e-mail will be recognized and shall be deemed received on the Business Day on which such
notice was transmitted if received before 5 p.m. Pacific prevailing time (and if received after 5
p.m., on the next Business Day) and a notice by overnight mail or courier shall be deemed to
have been received on the next Business Day after such Notice is sent or such earlier time as is
confirmed by the receiving Party unless it confirms a prior oral communication, in which case
any such notice shall be deemed received on the day sent. A Party may change its addresses by
providing notice of same in accordance with this provision. All Notices, requests, invoices,
statements or payments for this Facility must reference this Agreements identification number.
Notices shall be provided as indicated in Appendix F.
ARTICLE ELEVEN. FORCE MAJEURE
1.41. No Default for Force Majeure. Neither Party shall be in default in the performance of
any of its obligations set forth in this Agreement when and to the extent failure of
performance is caused by Force Majeure.
1.42. Requirements Applicable to Claiming Party. If a Party, because of Force Majeure, is
rendered wholly or partly unable to perform its obligations when due under this
Agreement, such Party (the “Claiming Party”) shall be excused from whatever
performance is affected by the Force Majeure to the extent so affected. In order to be
excused from its performance obligations under this Agreement by reason of Force
Majeure:
1.42.1. The Claiming Party, on or before the fourteenth (14th) day after the initial
occurrence of the claimed Force Majeure, must give the other Party Notice
describing the particulars of the occurrence; and
1.42.2. The Claiming Party must provide timely evidence reasonably sufficient to
establish that the occurrence constitutes Force Majeure as defined in this
Agreement.
1.43. Limitations. The suspension of the Claiming Party’s performance due to Force
Majeure may not be greater in scope or longer in duration than is required by such
Force Majeure. In addition, the Claiming Party shall use diligent efforts to remedy its
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inability to perform. When the Claiming Party is able to resume performance of its
obligations under this Agreement, the Claiming Party shall give the other Party prompt
Notice to that effect.
1.44. Termination. Either Party may terminate this Agreement on at least five (5) Business
Days’ prior Notice, in the event of Force Majeure which materially interferes with
such Party’s ability to perform its obligations under this Agreement and which (a)
extends for more than 365 consecutive days, (b) extends for more than a total of 365
days in any consecutive 540-day period, or (c) is consistent with Section 2.6.2.3.
ARTICLE TWELVE. EVENTS OF DEFAULT AND TERMINATION
1.45. Termination. Unless terminated earlier pursuant to Section 11.4 or this Section 12,
this Agreement automatically terminates immediately following the last day of the
Delivery Term.
1.46. Events of Default. An “Event of Default” means, with respect to a Party, the
occurrence of any of the following:
1.46.1. With respect to either Party:
1.46.1.1. A Party becomes Bankrupt;
1.46.1.2. Except for an obligation to make payment when due, if there is a failure
of a Party to perform any material covenant or obligation set forth in this
Agreement (except to the extent such failure provides a separate termination
right for the non-breaching Party or to the extent excused by Force Majeure),
if such failure is not remedied within thirty (30) days after Notice thereof
from the non-breaching Party to the breaching Party;
1.46.1.3. A Party fails to make any payment due and owing under this Agreement,
if such failure is not cured within ten (10) Business Days after Notice from
the non-breaching Party to the breaching Party; or
1.46.1.4. Any representation or warranty made by a Party (a) is false or misleading
in any material respect when made or (b) becomes false or misleading in any
material respect during the Term.
1.46.2. With respect to Seller:
1.46.2.1. Seller fails to take all corrective actions specified in any Buyer Notice,
within the time frame set forth in such Notice, that the Facility is out of
compliance with any term of this Agreement; provided that if such corrective
action falls under a specific termination right under Section 12.2.2, then the
time frame, if any, set forth for such right shall apply;
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1.46.2.2. The Facility has not achieved Commercial Operation by the expected
Commercial Operation Date specified in Section 2.6.1 and Seller has not
elected to pay daily delay damages pursuant to Section 2.6.4;
1.46.2.3. Subject to Section 11, Seller delivers less than eighty percent (80%) of the
applicable Contract Quantity from the Facility to Buyer for a period of two
(2) consecutive Contract Years;
1.46.2.4. Seller fails to maintain its status as an ERR as set forth in Section 4.5 of
the Agreement;
1.46.2.5. Seller abandons the Facility;
1.46.2.6. Seller installs generating equipment at the Facility that exceeds the
Contract Capacity and such excess generating capacity is not removed within
five (5) Business Days after Notice from Buyer;
1.46.2.7. Seller delivers or attempts to deliver to the Delivery Point for sale under
this Agreement product that was not generated by the Facility;
1.46.2.8. Seller fails to install any of the equipment or devices necessary for the
Facility to satisfy the Contract Capacity set forth in Section 3.1;
1.46.2.9. An unauthorized assignment of the Agreement, as set forth in Section
15;
1.46.2.10. Seller fails to reimburse Buyer any amounts due under this Agreement;
1.46.2.11. Seller breaches the requirements in Section 6.12 regarding incentives;
or
1.46.2.12. Seller fails to maintain the Collateral Requirement set forth in Section
3.9.
1.46.2.13. The annualized customer load associated with the Facility pursuant to
Section 17.76.020 of Chapter 17.76 of (Alternative Energy Systems and
Facilities) of Article IV (Site Development Provisions) of Title 17
(Development Code) of the Rancho Cucamonga Municipal Code is less than
fifty percent (50%) of the Contract Quantity, as measured over a Contract
Year.
1.47. Declaration of an Event of Default. If an Event of Default has occurred, the non-
defaulting Party shall have the right to: (a) send Notice, designating a day, no earlier
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than five (5) days after such Notice and no later than twenty (20) days after such
Notice, as an early termination date of this Agreement (“Early Termination Date”); (b)
accelerate all amounts owing between the Parties; (c) terminate this Agreement and
end the Delivery Term effective as of the Early Termination Date; (d) collect any
Settlement Amount under Section 12.5; and (e) if the defaulting party is the Seller and
Buyer terminates the Agreement prior to the start of the Commercial Operation Date,
Buyer shall have the right to retain the entire Reservation Deposit.
1.48. Suspension of Performance. If an Event of Default shall have occurred, the non-
defaulting Party has the right to immediately suspend performance under this
Agreement and pursue all remedies available at Law or in equity against the defaulting
Party (including monetary damages), except to the extent that such remedies are
limited by the terms of this Agreement.
1.49. Calculation of Settlement Amount.
1.49.1. If either Party exercises a termination right under Section 12.3 after the
Commercial Operation Date, the non-defaulting Party shall calculate a settlement
amount (“Settlement Amount”) equal to the amount of the non-defaulting Party’s
aggregate Losses and Costs less any Gains, determined as of the Early Termination
Date. Prior to the Commercial Operation Date, the Settlement Amount shall be Zero
dollars ($0).
1.49.2. If the non-defaulting Party’s aggregate Gains exceed its aggregate Losses and
Costs, if any, determined as of the Early Termination Date, the Settlement Amount
shall be Zero dollars ($0).
1.49.3. The Buyer shall not have to enter into replacement transactions to establish a
Settlement Amount.
1.49.4. Buyer shall have the right to draw upon the Collateral Requirement to collect any
Settlement Amount owed to Buyer.
1.50. Rights and Remedies Are Cumulative. The rights and remedies of the Parties pursuant
to this Section 12 shall be cumulative and in addition to the rights of the Parties
otherwise provided in this Agreement.
1.51. Duty to Mitigate. Buyer and Seller shall each have a duty to mitigate damages
pursuant to this Agreement, and each shall use reasonable efforts to minimize any
damages it may incur as a result of the other Party’s non-performance of this
Agreement, including with respect to termination of this Agreement.
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ARTICLE THIRTEEN. GOVERNMENTAL CHARGES
1.52. Governmental Charges. Seller shall pay or cause to be paid all taxes imposed by any
Governmental Authority (“Governmental Charges”) on or with respect to the Product
or the Transaction arising at the Delivery Point, including, but not limited to, ad
valorem taxes and other taxes attributable to the Project, land, land rights or interests
in land for the Project. Buyer shall pay or cause to be paid all Governmental Charges
on or with respect to the Product or the Transaction from the Delivery Point. In the
event Seller is required by Law or regulation to remit or pay Governmental Charges
which are Buyer’s responsibility hereunder, Buyer shall reimburse Seller for such
Governmental Charges within thirty (30) days of Notice by Seller. If Buyer is required
by Law or regulation to remit or pay Governmental Charges which are Seller’s
responsibility hereunder, Buyer may deduct such amounts from payments to Seller
with respect to payments under the Agreement; if Buyer elects not to deduct such
amounts from Seller’s payments, Seller shall reimburse Buyer for such amounts within
thirty (30) days of Notice from Buyer. Nothing shall obligate or cause a Party to pay
or be liable to pay any Governmental Charges for which it is exempt under the Law.
A Party that is exempt at any time and for any reason from one or more Governmental
Charges bears the risk that such exemption shall be lost or the benefit of such
exemption reduced; and thus, in the event a Party’s exemption is lost or reduced, each
Party’s responsibility with respect to such Governmental Charge shall be in
accordance with the first four sentences of this Section.
ARTICLE FOURTEEN. RELEASE OF INFORMATION AND RECORDING
CONVERSATION
1.53. Release of Information. Seller authorizes Buyer to release to the FERC, CEC, CAISO,
CPUC, other Governmental Authority, and/or media outlet information regarding the
Facility, including the Seller’s name and location, and the size, location and
operational characteristics of the Facility, the Term, the ERR type, photographs of the
project, the Commercial Operation Date, greenhouse gas emissions data, and the net
power rating of the Facility, as requested from time to time pursuant to the CEC’s,
CPUC’s or applicable Governmental Authority’s rules and regulations.
1.54. Public Announcements. Seller shall make no public announcement regarding any
aspect of this Agreement or the role of Seller in regards to the development or
operation of the Project without the prior written consent of Buyer, which consent shall
not be unreasonably withheld. Any public announcement by Seller must comply with
California Business and Professions Code § 17580.5 and with the Guides for the Use
of Environmental Marketing Claims, published by the Federal Trade Commission, as
it may be updated from time to time.
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ARTICLE FIFTEEN. ASSIGNMENT
1.55. General Assignment. Except as provided in Sections 15.2 and 15.3, Seller may not
assign this Agreement or its rights hereunder without the prior written consent of the
Buyer, which consent shall not be unreasonably withheld or delayed so long as among
other things (a) the assignee assumes the Seller’s payment and performance
obligations under this Agreement, (b) the assignee agrees in writing to be bound by
the terms and conditions hereof, (c) Seller delivers evidence satisfactory to Buyer of
the proposed assignee’s technical and financial capability to meet or exceed Seller’s
obligations hereunder and (d) the Seller delivers such tax and enforceability assurance
as Buyer may reasonably request.
1.56. Assignment to Financing Providers. Seller may assign this Agreement as collateral for
any financing or refinancing of the Project (including any tax equity or lease financing)
with the prior written consent of the Buyer, which consent shall not be unreasonably
withheld or delayed. The Parties agree that, the consent provided to Buyer in
accordance with this Section 15.2 shall be in a form substantially similar to the Form
of Financing Consent attached hereto as Appendix H; provided that (a) Buyer shall
not be required to consent to any additional terms or conditions beyond those
contained in Appendix H, including extension of any cure periods or additional
remedies for financing providers, and (b) Seller shall be responsible at Buyer’s request
for Buyer’s reasonable costs and attorneys’ fees associated with the review,
negotiation, execution and delivery of documents in connection with such assignment.
1.57. Notice of Change in Control. Except in connection with public market transactions of
the equity interests or capital stock of Seller or Seller’s Affiliates, Seller shall provide
Buyer notice of any direct change of control of Seller (whether voluntary or by
operation of Law).
ARTICLE SIXTEEN. 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.
ARTICLE SEVENTEEN. DISPUTE RESOLUTION
1.58. Intent of the Parties. The sole procedure to resolve any claim arising out of or relating
to this Agreement is the dispute resolution procedure set forth in this Section 17,
except that either Party may seek an injunction in Superior Court in San Bernardino
County, California if such action is necessary to prevent irreparable harm, in which
case both Parties nonetheless will continue to pursue resolution of all other aspects of
the dispute by means of this procedure.
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1.59. Management Negotiations.
1.59.1. The Parties will attempt in good faith to resolve any controversy or claim arising
out of or relating to this Agreement by prompt negotiations between each Party’s
authorized representative, or such other person designated in writing as a
representative of the Party (each a “Manager”). Either Manager may request a
meeting, to be held in person or telephonically, to initiate negotiations to be held
within ten (10) Business Days of the other Party’s receipt of such request, at a
mutually agreed time and place.
1.59.2. All communication and writing exchanged between the Parties in connection with
these negotiations shall be deemed inadmissible as evidence such that it cannot be
used or referred to in any subsequent judicial or arbitration process between the
Parties, whether with respect to this dispute or any other.
1.59.3. If the matter is not resolved within forty-five (45) days of commencement of
negotiations under Section 17.2.1, or if the Party receiving the written request to
meet refuses or does not meet within the ten (10) Business Day period specified in
Section 17.2.1, either Party may initiate arbitration of the controversy or claim
according to the terms of Section 17.3.
1.60. Arbitration Initiation. If the dispute cannot be resolved by negotiation as set forth in
Section 17.2 above, then the Parties shall resolve such controversy through arbitration
(“Arbitration”). The Arbitration shall be adjudicated by one retired judge or justice
from the JAMS panel. The Arbitration shall take place in San Bernardino County,
California, and shall be administered by and in accordance with JAMS’ Commercial
Arbitration Rules. If the Parties cannot mutually agree on the arbitrator who will
adjudicate the dispute, then JAMS shall provide the Parties with an arbitrator pursuant
to its then-applicable Commercial Arbitration Rules. The arbitrator shall have no
affiliation with, financial or other interest in, or prior employment with either Party
and shall be knowledgeable in the field of the dispute. Either Party may initiate
Arbitration by filing with the JAMS a notice of intent to arbitrate at any time following
the unsuccessful conclusion of the management negotiations provided for in Section
17.2.
ARTICLE EIGHTEEN. MISCELLANEOUS
1.61. Severability. If any provision in this Agreement is determined to be invalid, void or
unenforceable by any court having jurisdiction, such determination shall not
invalidate, void, or make unenforceable any other provision, agreement or covenant
of this Agreement. Any provision of this Agreement held invalid or unenforceable
only in part or degree will remain in full force and effect to the extent not held invalid
or unenforceable.
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1.62. Counterparts. This Agreement may be executed in one or more counterparts each of
which shall be deemed an original and all of which shall be deemed one and the same
Agreement. Delivery of an executed counterpart of this Agreement by facsimile or
PDF transmission will be deemed as effective as delivery of an originally executed
counterpart. Each Party delivering an executed counterpart of this Agreement by
facsimile or PDF transmission shall also deliver an originally executed counterpart,
but the failure of any Party to deliver an originally executed counterpart of this
Agreement shall not affect the validity or effectiveness of this Agreement.
1.63. General. No amendment to or modification of this Agreement shall be enforceable
unless reduced to writing and executed by both Parties. This Agreement shall not
impart any rights enforceable by any third party other than a permitted successor or
assignee bound to this Agreement. Waiver by a Party of any default by the other Party
shall not be construed as a waiver of any other default. The term “including” when
used in this Agreement shall be by way of example only and shall not be considered
in any way to be in limitation. The headings used herein are for convenience and
reference purposes only.
1.64. Interpretation. Whenever this Agreement specifically refers to any Law, tariff,
Governmental Authority, regional reliability council, Transmission/Distribution
Owner, or credit rating agency, the Parties hereby agree that the references also refers
to any successor to such Law, tariff or organization.
1.65. Construction. The Agreement will not be construed against any Party as a result of
the preparation, substitution, or other event of negotiation, drafting or execution
thereof.
1.66. 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, each 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 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.
1.67. Change in Electric Market Design. If a change in the CAISO Tariff renders this
Agreement or any provisions hereof incapable of being performed or administered,
then any Party may request that Buyer and Seller enter into negotiations to make the
minimum changes to this Agreement necessary to make this Agreement capable of
being performed and administered, while attempting to preserve to the maximum
extent possible the benefits, burdens, and obligations set forth in this Agreement as of
the Execution Date. Upon delivery of such a request, Buyer and Seller shall engage in
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such negotiations in good faith. If Buyer and Seller are unable, within sixty (60) days
after delivery of such request, to agree upon changes to this Agreement or to resolve
issues relating to changes to this Agreement, then any Party may submit issues
pertaining to changes to this Agreement to the dispute resolution process set forth in
Article 17. Notwithstanding the foregoing, (i) a change in cost shall not in and of itself
be deemed to render this Agreement or any of the provisions hereof incapable of being
performed or administered, and (ii) all of the unaffected provisions of this Agreement
shall remain in full force and effect during any period of such negotiation or dispute
resolution.
1.68. Further Assurances. Each of the Parties hereto agrees 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.
IN WITNESS WHEREOF, each Party has caused this Agreement to be duly executed by its
authorized representative as of the date of last signature provided below.
CITY OF RANCHO CUCAMONGA
(Seller)(Buyer)
(Signature)(Signature)
(Type/Print Name)(Type/Print Name)
(Title)(Title)
(Date)(Date)
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Appendix A – Definitions
“Affiliate” means, with respect to a Party, any entity that, directly or indirectly, through one or
more intermediaries, controls, or is controlled by, or is under common control with that Party.
“Arbitration" has the meaning set forth in Section 17.
“As-Available Facility” means a generating facility that is powered by one of the following
sources, except for a de minimis amount of Energy from other sources: (a) wind, (b) solar energy, (c)
hydroelectric potential derived from small conduit water distribution facilities that do not have storage
capability, or (d) other variable sources of energy that are contingent upon natural forces other than
geothermal.
“Available Capacity” means the rated alternating current (AC) generating capacity of the
Facility, expressed in whole kilowatts, that is available to generate Product.
“Bankrupt” means with respect to any entity, such entity:
(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, or
has any such petition filed or commenced against it;
(b) Makes an assignment or any general arrangement for the benefit of creditors;
(c) Otherwise becomes bankrupt or insolvent (however evidenced);
(d) Has a liquidator, administrator, receiver, trustee, conservator or similar official appointed
with respect to such entity or any substantial portion of its property or assets; or
(e) Is generally unable to pay its debts as they fall due.
“Baseload Facility” means a generating facility that does not qualify as an As-Available
Facility.
“Business Day” means any day except a Saturday, Sunday, a Federal Reserve Bank holiday, or
the Friday following Thanksgiving during the hours of 8:00 a.m. and 5:00 p.m. local time for the
relevant Party’s principal place of business where the relevant Party in each instance shall be the Party
from whom the notice, payment or delivery is being sent.
“CAISO” means the California Independent System Operator Corporation or any successor
entity performing similar functions.
“CAISO Grid” means the system of transmission lines and associated facilities that have been
placed under the CAISO’s operational control.
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“CAISO Tariff” means the CAISO FERC Electric Tariff, Fifth Replacement Volume No. 1, as
amended from time to time.
“California Renewables Portfolio Standard” means the renewable energy program and policies
codified in California Public Utilities Code Sections 399.11 through 399.33 and California Public
Resources Code Sections 25740 through 25751, as such provisions may be amended or supplemented
from time to time.
“Capacity Attributes” means any current or future defined characteristic, certificate, tag, credit,
or ancillary service attribute, whether general in nature or specific as to the location or any other
attribute of the Project, intended to value any aspect of the capacity of the Project to produce Energy or
ancillary services, including, but not limited to, any accounting construct so that the full Contract
Capacity of the Project may be counted toward a Resource Adequacy Requirement or any other
measure by the CPUC, the CAISO, the FERC, or any other entity invested with the authority under
federal or state Law, to require Buyer to procure, or to procure at Buyer’s expense, Resource Adequacy
Benefits or other such products.
“CEC” means the California Energy Commission or its successor agency.
“CEC Certification” means certification by the CEC that the Facility is an ERR and that all
Energy produced by the Facility qualifies as generation from an ERR.
“CEC Pre-Certification” means provisional certification of the proposed Facility as an ERR by
the CEC upon submission by a facility of a complete application and required supplemental
information.
“Check Meter” means the Buyer revenue-quality meter section(s) or meter(s), which Buyer
may require at its discretion, and which will include those devices normally supplied by Buyer or
Seller under the applicable utility electric service requirements.
“City Manager” means the City Manager of the City of Rancho Cucamonga.
“Claiming Party” has the meaning set forth in Section 10.2.
“Commercial Operation” means the Contract Capacity has been installed and the Facility is
operating and able to produce and deliver the Product to Buyer pursuant to the terms of this
Agreement.
“Commercial Operation Date” means the date on which the Facility achieves Commercial
Operation.
“Contract Capacity” means the amount of electric energy generating capacity, set forth in
Section 3.1, that Seller commits to install at the Site.
“Contract Price” has the meaning set forth in Section 3.6.
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“Contract Quantity” has the meaning set forth in Section 3.2.
“Contract Year” means a period of twelve (12) consecutive months with the first Contract Year
commencing on the Commercial Operation Date and each subsequent Contract Year commencing on
the anniversary of the Commercial Operation Date.
“Costs” means (a) brokerage fees, commissions and other similar third-party transaction costs
and expenses reasonably incurred either in terminating any arrangement pursuant to which it has
hedged its obligations or in entering into new arrangements which replace the Transaction; and (b) all
reasonable attorneys’ fees and expenses incurred in connection with the termination of the Transaction.
“CPUC” means the California Public Utilities Commission, or successor entity.
“Credit Rating” means, with respect to any entity, (a) the rating then assigned to such entity’s
unsecured senior long-term debt obligations (not supported by third party credit enhancements), or (b)
if such entity does not have a rating for its unsecured senior long-term debt obligations, then the rating
assigned to such entity as an issuer rating by S&P and/or Moody’s. If the entity is rated by both S&P
and Moody’s and such ratings are not equivalent, the lower of the two ratings shall determine the
Credit Rating. If the entity is rated by either S&P or Moody’s, but not both, then the available rating
shall determine the Credit Rating.
“Current Inverters” means devices used to convert DC electric energy to alternating current
electric energy.
“Curtailment Order” means any instruction from Buyer to Seller to reduce the delivery of
Energy from the Facility for any reason other than as set forth in Sections 3.6.3 (a) or (b).
“DC” means direct current.
“DC Collection System” means the DC equipment, cables, components, devices and materials
that interconnect the Photovoltaic Modules with the Current Inverters.
“Delivered Energy” means all Energy produced from the Facility and delivered by Seller to the
Delivery Point, expressed in kWh, as recorded by the meter specified in Section 6.2.1 or the Check
Meter, as applicable.
“Delivery Point” has the meaning set forth in Section 2.5.
“Delivery Term” has the meaning set forth in Section 3.5.
“Early Termination Date” has the meaning set forth in Section 12.3.
“Eligible Renewable Energy Resource” or “ERR” has the meaning set forth in Public Utilities
Code Sections 399.12 or Section 399.16 and California Public Resources Code Section 25741, as these
code provision may be amended or supplemented from time to time.
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“Emergency” means (a) an actual or imminent condition or situation which jeopardizes the
integrity of the electric system or the integrity of any other systems to which the electric system is
connected or any condition so defined and declared by the CAISO; or (b) an emergency condition as
defined under an Interconnection Agreement and any abnormal interconnection or system condition
that requires automatic or immediate manual action to prevent or limit loss of load or generation
supply, that could adversely affect the reliability of the electric system or generation supply, that could
adversely affect the reliability of any interconnected system, or that could otherwise pose a threat to
public safety.
“Energy” means three-phase, 60-cycle alternating current electric energy measured in kWh, net
of Station Use. For purposes of the definition of “Green Attributes,” the word “energy” shall have the
meaning set forth in this definition.
“Execution Date” means the latest signature date found at the end of the Agreement.
“Facility” has the meaning set forth in Section 2. The terms “Facility” or “Project” as used in
this Agreement are interchangeable.
“FERC” means the Federal Energy Regulatory Commission or any successor government
agency.
“Force Majeure” means an event or circumstance which prevents one Party from performing its
obligations under the Agreement, which event or circumstance was not anticipated as of the Execution
Date, which is not within the reasonable control of, or the result of the negligence of, the Claiming
Party, and which, by the exercise of due diligence, the Claiming Party is unable to overcome or avoid
or cause to be avoided, including war, riot, civil disturbance or disobedience, terrorism, sabotage,
strike or labor dispute. Force Majeure does not include: (a) the lack of wind, sun, or other fuel source
of an inherently intermittent nature; (b) reductions in generation from the Facility resulting from
ordinary wear and tear, deferred maintenance or operator error; or (c) any delay in providing, or
cancellation of, interconnection service by a Transmission/Distribution Owner or the CAISO, except to
the extent such delay or cancellation is the result of a Force Majeure claimed by the
Transmission/Distribution Owner or the CAISO. Force Majeure may include delays in performance or
inability to perform or comply with the terms and conditions of this Agreement due to delays in
obtaining necessary equipment, labor, or materials or other issues caused by or attributable to
pandemics or epidemics, including the disease designated COVID-19 or the related virus designated
SARS-CoV-2 or any mutations thereof (collectively, “COVID-19”), if the elements of Force Majeure
defined in the first sentence hereof (other than the requirement that the event or circumstance was not
anticipated as of the date the Agreement was agreed to) have been satisfied; provided, however, that
the general existence of COVID-19 shall not be sufficient to prove the existence of a Force Majeure
absent a showing of other facts and circumstances which in the aggregate establish that a Force
Majeure as defined in the first sentence hereof (other than the requirement that the event or
circumstance was not anticipated as of the date the Agreement was agreed to) has occurred.
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“Gains” means with respect to any Party, an amount equal to the present value of the economic
benefit to it, if any (exclusive of Costs), resulting from the termination of the Transaction, determined
in a commercially reasonable manner, subject to Section 12.5. Factors used in determining economic
benefit may include, without limitation, reference to information either available to it internally or
supplied by one or more third parties, 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, market price referent, market prices for a comparable transaction, forward
price curves based on economic analysis of the relevant markets, settlement prices for a comparable
transaction at liquid trading platforms (e.g., NYMEX), all of which should be calculated for the
remaining Delivery Term to determine the value of the Product.
“Governmental Authority” means any federal, state, local or municipal government,
governmental department, commission, board, bureau, agency, or instrumentality, or any judicial,
regulatory or administrative body, having jurisdiction as to the matter in question.
“Governmental Charges” has the meaning set forth in Section 13.1.
“Green Attributes” means any and all credits, benefits, emissions reductions, offsets, and
allowances, howsoever entitled, attributable to the generation from the Project, and its avoided
emission of pollutants. Green Attributes include but are not limited to Renewable Energy Credits, as
well as: (1) any avoided emission of pollutants to the air, soil or water such as sulfur oxides (SOx),
nitrogen oxides (NOx), carbon monoxide (CO) and other pollutants; (2) 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, to contribute to the actual or
potential threat of altering the Earth’s climate by trapping heat in the atmosphere; (3) the reporting
rights to these avoided emissions, such as Green Tag Reporting Rights. Green Tag Reporting Rights
are the right of a Green Tag Purchaser to report the ownership of accumulated Green Tags in
compliance with federal or state law, if applicable, and to a federal or state agency or any other party at
the Green Tag Purchaser’s discretion, and include without limitation those Green Tag Reporting Rights
accruing under Section 1605(b) of The Energy Policy Act of 1992 and any present or future federal,
state, or local law, regulation or bill, and international or foreign emissions trading program. Green
Tags are accumulated on a MWh basis and one Green 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 Project, (ii) production tax credits associated with the construction or
operation of the Project and other financial incentives in the form of credits, reductions, or allowances
associated with the project 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 Project for
compliance with local, state, or federal operating and/or air quality permits. If the Project is a biomass
or biogas facility and Seller receives any tradable Green Attributes based on the greenhouse gas
reduction benefits or other emission offsets attributed to its fuel usage, it shall provide Buyer with
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sufficient Green Attributes to ensure that there are zero net emissions associated with the production of
electricity from the Project.
“Interconnection Agreement” means the small generator interconnection agreement entered
into separately between Seller, Transmission/Distribution Owner, and CAISO (as appropriate)
obtained by Seller pursuant to Transmission/Distribution Owner’s Wholesale Distribution Tariff.
“Interconnection Facilities” has the meaning set forth in the tariff applicable to the Seller’s
Interconnection Agreement.
“Interconnection Point” has the meaning set forth in Section 2.3.
“Interest Rate” means the rate per annum equal to the “Monthly” Federal Funds Rate (as reset
on a monthly basis based on the latest month for which such rate is available) as reported in Federal
Reserve Bank Publication H.15-519, or its successor publication.
“JAMS” means JAMS, Inc. or its successor entity, a judicial arbitration and mediation service.
“kW” means kilowatt.
“kWh” means kilowatt-hour.
“kWPDC” means peak DC power.
“Law” means any statute, law, treaty, rule, regulation, ordinance, code, permit, enactment,
injunction, order, writ, decision, authorization, judgment, decree or other legal or regulatory
determination or restriction by a court or Governmental Authority of competent jurisdiction, including
any of the foregoing that are enacted, amended, or issued after the Execution Date, and which becomes
effective during the Delivery Term; or any binding interpretation of the foregoing.
“Letter of Credit” means an irrevocable, non-transferable standby letter of credit issued either
by a U.S. commercial bank or a foreign bank with a U.S. branch office with a Credit Rating of at least
“A-” by S&P and “A3” by Moody’s (without a “credit watch”, “negative outlook” or other rating
decline alert if its Credit Rating is “A-” by S&P or “A3” by Moody’s). The Letter of Credit must be
substantially in the form as contained in Appendix G to this Agreement; provided that if the Letter of
Credit is issued by a branch of a foreign bank, Buyer may require changes to such form.
“Losses” means, with respect to any Party, an amount equal to the present value of the
economic loss to it, if any (exclusive of Costs), resulting from the termination of the Transaction,
determined in a commercially reasonable manner, subject to Section 12.5. Factors used in determining
the loss of economic benefit may include, without limitation, reference to information either available
to it internally or supplied by one or more third parties 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, market price referent, market prices for a comparable transaction,
forward price curves based on economic analysis of the relevant markets, settlement prices for a
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comparable transaction at liquid trading platforms (e.g. NYMEX), all of which should be calculated
for the remaining term of the Transaction to determine the value of the Product.
“Manager” has the meaning set forth in Section 17.2.
“Mechanical Completion” means that all equipment and systems that are necessary to generate
the effective capacity of the Facility are installed. The Facility is mechanically, electrically, and
structurally constructed with all control systems installed and connected. The Facility is functionally
complete to the extent necessary to begin commissioning and testing of the Facility, though
commissioning and testing need not have commenced.”
“MW” means megawatt (AC).
“MWh” means megawatt-hour.
“Notice,” unless otherwise specified in the Agreement, means written communications by a
Party to be delivered by hand delivery, United States mail, overnight courier service, facsimile or
electronic messaging (e-mail).
“Party” means the Buyer or Seller individually, and “Parties” means both collectively. For
purposes of Section 16 (Governing Law) the word “party” or “parties” shall have the meaning set forth
in this definition.
“Phasing Plan” means the plan submitted by Seller to the City of Rancho Cucamonga
specifying the phases of the Project and the Contract Capacity associated with each Phase, and further,
consistent with the requirements of Section 17.76.020 of Chapter 17.76 of (Alternative Energy
Systems and Facilities) of Article IV (Site Development Provisions) of Title 17 (Development Code)
of the Rancho Cucamonga Municipal Code.
“Phasing Plan Transition Event” means the occurrence of an event that transitions the Facility
from one Phase to a different Phase as specified in the Phasing Plan.
“Photovoltaic Module” means the individual module or component that produces DC electric
energy from sun light.
“Photovoltaic Module DC Rating” means, for each Photovoltaic Module installed or to be
installed at the Site, the number (expressed in kWPDC) stated on the nameplate affixed thereto
representing the manufacturer’s maximum (at “peak” sunlight) DC power rating at the standard test
condition (“Pmp” or Power maximum at peak).
“Product” means all Energy produced by the Facility throughout the Delivery Term, net of
Station Use and electrical losses from the Facility to the Delivery Point; all Green Attributes; all
Capacity Attributes, if any; and all Resource Adequacy Benefits, if any; generated by, associated with
or attributable to the Facility throughout the Delivery Term.
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“Project” has the meaning set forth in Section 2. The terms “Facility” and “Project” as used in
this Agreement are interchangeable.
“Prudent Electrical Practices” means those practices, methods and acts that would be
implemented and followed by prudent operators of electric energy generating facilities in the Western
United States, similar to the Facility, during the relevant time period, which practices, methods and
acts, in the exercise of prudent and responsible professional judgment in the light of the facts known at
the time the decision was made, could reasonably have been expected to accomplish the desired result
consistent with good business practices, reliability and safety. Prudent Electrical Practices shall
include, at a minimum, those professionally responsible practices, methods and acts described in the
preceding sentence that comply with manufacturers’ warranties, restrictions in this Agreement, and the
requirements of Governmental Authorities, WECC standards, the CAISO and Laws. Prudent
Electrical Practices also includes taking reasonable steps to ensure that:
(a) Equipment, materials, resources, and supplies, including spare parts inventories, are
available to meet the Facility’s needs;
(b) Sufficient operating personnel are available at all times and are adequately experienced
and trained and licensed as necessary to operate the Facility properly and efficiently, and are capable of
responding to reasonably foreseeable emergency conditions at the Facility and Emergencies whether
caused by events on or off the Site;
(c) Preventive, routine, and non-routine maintenance and repairs are performed on a basis
that ensures reliable, long term and safe operation of the Facility, and are performed by
knowledgeable, trained, and experienced personnel utilizing proper equipment and tools;
(d) Appropriate monitoring and testing are performed to ensure equipment is functioning as
designed;
(e) Equipment is not operated in a reckless manner, in violation of manufacturer’s
guidelines or in a manner unsafe to workers, the general public, or the Transmission/Distribution
Owner’s electric system or contrary to environmental laws, permits or regulations or without regard to
defined limitations such as, flood conditions, safety inspection requirements, operating voltage,
current, volt ampere reactive (VAR) loading, frequency, rotational speed, polarity, synchronization,
and control system limits; and
(f) Equipment and components are designed and manufactured to meet or exceed the
standard of durability that is generally used for electric energy generating facilities operating in the
Western United States and will function properly over the full range of ambient temperature and
weather conditions reasonably expected to occur at the Site and under both normal and emergency
conditions.
“Renewable Energy Credit” has the meaning set forth in Public Utilities Code Section
399.12(h), as may be amended from time to time or as further defined or supplemented by Law.
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“Reservation Deposit” means the deposit submitted by Seller to Buyer at the time Seller
submitted its application for an Industrial Zoning District Renewable PPA contract, which amount
shall equal four dollars ($4.00) for each kilowatt of proposed alternating current (AC) generator
capacity. Buyer shall return the Reservation Deposit to Seller once the Project achieves Commercial
Operation by crediting Seller the full amount of the Reservation Deposit on Buyer’s first payment for
delivered Product. Buyer shall retain the full amount of the Reservation Deposit in the event the
Project does not achieve Commercial Operation by the Commercial Operation Date.
“Resource Adequacy Benefits” means the rights and privileges attached to the Facility that
satisfy any entity’s resource adequacy obligations, as those obligations are set forth in any Resource
Adequacy Rulings and shall include any local, zonal, or otherwise locational attributes associated with
the Facility.
“Resource Adequacy Requirements” has the meaning set forth in Section 4.4.1.
“Resource Adequacy Rulings” means any other resource adequacy laws, rules or regulations
enacted, adopted or promulgated by any applicable Governmental Authority, as such decisions,
rulings, Laws, rules or regulations may be amended or modified from time-to-time during the Delivery
Term.
“Restricted Period” has the meaning set forth in Section 12.8.1.
“Settlement Amount” has the meaning set forth in Section 12.5.
“Site” means the real property on which the Facility is, or will be, located, as further described
in Appendix D.
“Site Control” means the Seller: (a) owns the Site, (b) leases the Site, (c) is the holder of a
right-of-way grant or similar instrument with respect to the Site, or (d) prior to the Commercial
Operation Date, has the unilaterally exercisable contractual right to acquire or cause to be acquired on
its behalf any of (a), (b), or (c).
“Station Use” means energy consumed within the Facility’s electric energy distribution system
as losses, as well as energy used to operate the Facility’s auxiliary equipment. The auxiliary
equipment may include, but is not limited to, forced and induced draft fans, cooling towers, boiler
feeds pumps, lubricating oil systems, plant lighting, fuel handling systems, control systems, and sump
pumps. This use is not to exceed 1% of average annual output.
“Term” has the meaning set forth in Section 3.4.1.
“Transaction” means the particular transaction described in Section 3.3.
“Transmission/Distribution Owner” means any entity or entities responsible for operating the
electric distribution system or transmission system, as applicable, at and beyond the Interconnection
Point.
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“WECC” means the Western Electricity Coordinating Council, the regional reliability council
for the Western United States, Northwestern Mexico and Southwestern Canada.
“WREGIS” means the Western Renewable Energy Generating Information System or any
successor renewable energy tracking program.
“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 December 2010, as subsequently amended, supplemented or replaced (in whole or in
part) from time to time.
*** End of Appendix A ***
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Appendix B – Commercial Operation Date Confirmation Letter
In accordance with the terms of that certain Industrial Zoning District Renewable Power
Purchase Agreement dated ________(“Agreement”) for the Facility named
________________________ by and between CITY OF RANCHO CUCAMONGA “Buyer”) and
____________________ (“Seller”), this letter serves to document the Parties further agreement that (i)
the conditions precedent to the occurrence of the Commercial Operation Date have been satisfied as of
this _____ day of _________, ______. This letter shall confirm the Commercial Operation Date, as
defined in the Agreement, as the date referenced in the preceding sentence.
IN WITNESS WHEREOF, each Party has caused this Agreement to be duly executed by its authorized
representative as of the date of last signature provided below:
By: By:
CITY OF RANCHO CUCAMONGA
(Seller)(Buyer)
(Signature)(Signature)
(Type/Print Name)(Type/Print Name)
(Title)(Title)
(Date)(Date)
*** End of Appendix B ***
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Appendix C – Forecasting Requirements
A. AVAILABLE CAPACITY FORECASTING.
Seller shall provide the Available Capacity forecasts described below. [The following bracketed
language applies to As-Available solar or wind Projects only] [Seller’s availability forecasts below
shall include Project availability and updated status of [The following bracketed language applies to
solar Projects only] [photovoltaic panels, inverters, transformers, and any other equipment that may
impact availability] or [The following bracketed language applies to wind Projects only]
[transformers, wind turbine unit status, and any other equipment that may impact availability].] [The
following bracketed language applies to As-Available Product only] Seller shall use commercially
reasonable efforts to forecast the Available Capacity of the Project accurately and to transmit such
information in a format reasonably acceptable to Buyer. Buyer and Seller shall agree upon reasonable
changes to the requirements and procedures set forth below from time-to-time, as necessary.
1. Annual Forecast of Available Capacity. No later than (I) the earlier of July 1 of
the first calendar year following the Execution Date or one hundred and eighty (180) days before the
first day of the first Contract Year of the Delivery Term (“First Annual Forecast Date”), and (II) on or
before July 1 for each calendar year from the First Annual Forecast Date for every subsequent Contract
Year during the Delivery Term, Seller shall provide to Buyer a non-binding forecast of the hourly
Available Capacity for each day in each month of the following calendar year in a form reasonably
acceptable to Buyer.
2. Monthly Forecast of Available Capacity. Ten (10) Business Days before the
beginning of each month during the Delivery Term, Seller shall provide to Buyer a non-binding
forecast of the hourly Available Capacity for each day of the following month in a form reasonably
acceptable to Buyer.
*** End of Appendix C ***
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Appendix D – Description of the Facility
Seller should complete the information below and attach a description of the Facility, including
a summary of its significant components, a drawing showing the general arrangements of the Facility,
and a single line diagram illustrating the interconnection of the Facility and loads with Buyer’s electric
distribution system.
Name of the Facility:
Address of the Facility:
Description of the Facility, including a summary of its significant components, such as for
solar photovoltaic [Photovoltaic Modules, DC Collection System, Current Inverters],
meteorological station, instrumentation and any other related electrical equipment:
Drawing showing the general arrangement of the Facility:
A single-line diagram illustrating the interconnection of the Facility with Buyer:
A legal description of the Site, including a Site map:
Longitude and latitude of the centroid of the Site:
*** End of Appendix D ***
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APPENDIX E – INDUSTRIAL ZONING DISTRICT RENEWABLE PPA MILESTONES
AND EXAMPLE ACTION STEPS
Action Deadline Date Completed Responsible Party
Step 1: Submit Application Seller
Step 2: Approve Application Buyer
Step 3: Sign Conditional PPA Both
Step 4: Acquire Interconnection Agreement Seller
Step 4A: Submit copy of Interconnection Agreement to
Buyer Seller
Step 5: Submit confirmation of RPS precertification
requirement and provide Copy of precertification
application to Buyer
Seller
Step 6: File Project with WREGIS and submit proof to
Buyer.Seller
Step 7: Pay Interconnection Fee and submit proof to
Buyer. Seller
Step 8: Acquire Conditional Use Permit and
Construction Permits Seller
Step 8A: Submit proof of permits to Buyer.Seller
Step 9: Notify Buyer 10 days prior to construction start. Seller
Step 10: Submit proof of insurance to Buyer. Seller
Step 11: Mechanical Completion.Seller
Step 12: Notify Buyer 30 days in advance of the
Commercial Operation Date.Seller
Step 12: Commercial Operation Date Seller
Step 13: Submit application for certification to CEC.Seller
*** End of Appendix E ***
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Appendix F – Delivery Term Contract Quantity Schedule
Dated: XXXXX XX, 20XX
Delivery Term Contract Quantity Schedule
Contract Year Contract Quantity (kWh/Yr)Phase Effective Date
1 Phase 1 XXXXX XX, 20XX
2 Phase 1 XXXXX XX, 20XX
3 Phase 1 XXXXX XX, 20XX
4 Phase 1 XXXXX XX, 20XX
5 Phase 1 XXXXX XX, 20XX
6 Phase 1 XXXXX XX, 20XX
7 Phase 1 XXXXX XX, 20XX
8 Phase 1 XXXXX XX, 20XX
9 Phase 1 XXXXX XX, 20XX
10 Phase 1 XXXXX XX, 20XX
11 Phase 1 XXXXX XX, 20XX
12 Phase 1 XXXXX XX, 20XX
13 Phase 1 XXXXX XX, 20XX
14 Phase 1 XXXXX XX, 20XX
15 Phase 1 XXXXX XX, 20XX
16 Phase 1 XXXXX XX, 20XX
17 Phase 1 XXXXX XX, 20XX
18 Phase 1 XXXXX XX, 20XX
19 Phase 1 XXXXX XX, 20XX
20 Phase 1 XXXXX XX, 20XX
21 Phase 1 XXXXX XX, 20XX
22 Phase 1 XXXXX XX, 20XX
23 Phase 1 XXXXX XX, 20XX
24 Phase 1 XXXXX XX, 20XX
25 Phase 1 XXXXX XX, 20XX
*** End of Appendix F***
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Appendix G – Notices List
Name: ______(“Seller”)Name: CITY OF RANCHO CUCAMONGA, a
(“Buyer” or “RCMU”)
All Notices: [Seller to complete]All Notices:
Delivery Address:Delivery Address:
Street:
City: State: Zip:
Mail Address: (if different from above)Mail Address:
Attn:Attn:
Phone: Phone:
Facsimile: Facsimile:
DUNS: DUNS:
Federal Tax ID Number: Federal Tax ID Number:
Invoices: Invoices:
Attn: Attn:
Phone: Phone:
Facsimile: Facsimile:
Payments: Payments:
Attn: Attn:
Phone: Phone:
Facsimile: Facsimile:
Wire Transfer: Wire Transfer:
BNK:
ABA:
ACCT:
BNK:
ABA:
ACCT:
Credit and Collections: Credit and Collections:
Attn: Attn:
Phone: Phone:
Facsimile: Facsimile:
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With additional Notices of an Event of
Default to Contract Manager:
Contract Manager:
Attn: Attn:
Phone: Phone:
Facsimile:
*** End of Appendix G***
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Appendix H – FORM OF LETTER OF CREDIT
Issuing Bank Letterhead and Address
STANDBY LETTER OF CREDIT NO. XXXXXXXX
Date: [insert issue date]
Beneficiary:City of Rancho Cucamonga Applicant:[Insert name and address of
Applicant]
Attention:
Letter of Credit Amount: [insert amount]
Expiry Date: [insert expiry date]
Ladies and Gentlemen:
By order of [insert name of Applicant] (“Applicant”), we hereby issue in favor of City of Rancho
Cucamonga (the “Beneficiary”) our irrevocable standby letter of credit No. [insert number of letter
of credit] (“Letter of Credit”), for the account of Applicant, for drawings up to but not to exceed the
aggregate sum of U.S. $ [insert amount in figures followed by (amount in words)] (“Letter of Credit
Amount”). This Letter of Credit is available with [insert name of issuing bank, and the city and
state in which it is located] by sight payment, at our offices located at the address stated below,
effective immediately, and it will expire at our close of business on [insert expiry date] (the “Expiry
Date”).
Funds under this Letter of Credit are available to the Beneficiary against presentation of the following
documents:
1. Beneficiary’s signed and dated sight draft in the form of Exhibit A hereto, referencing this Letter
of Credit No. [insert number] and stating the amount of the demand; and
2. One of the following statements signed by an authorized representative or officer of Beneficiary:
A. “Pursuant to the terms of that certain [insert name of the agreement] (the “Agreement”),
dated [insert date of the Agreement], between Beneficiary and [insert name of Seller under the
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Agreement], Beneficiary is entitled to draw under Letter of Credit No. [insert number] amounts
owed by [insert name of Seller under the Agreement] under the Agreement; or
B. “Letter of Credit No. [insert number] will expire in thirty (30) days or less and [insert name
of Seller under the Agreement] has not provided replacement security acceptable to Beneficiary.
Special Conditions:
1. Partial and multiple drawings under this Letter of Credit are allowed;
2. All banking charges associated with this Letter of Credit are for the account of the Applicant;
3. This Letter of Credit is not transferable; and
4. The Expiry Date of this Letter of Credit shall be automatically extended without a written
amendment for a period of one year and on each successive Expiry Date, unless at least sixty (60)
days before the then current Expiry Date, we notify you by registered mail or courier that we elect
not to extend the Expiry Date of this Letter of Credit for such additional period.
We engage with you that drafts drawn under and in compliance with the terms of this Letter of Credit
will be duly honored upon presentation, on or before the Expiry Date (or after the Expiry Date as
provided below), at our offices at [insert issuing bank’s address for drawings].
All demands for payment shall be made by presentation of originals or copies of documents; or by
facsimile transmission of documents to [insert fax number], Attention: [insert name of issuing
bank’s receiving department], with originals or copies of documents to follow by overnight mail. If
presentation is made by facsimile transmission, you may contact us at [insert phone number] to
confirm our receipt of the transmission. Your failure to seek such a telephone confirmation does not
affect our obligation to honor such a presentation.
Our payments against complying presentations under this Letter of Credit will be made no later than on
the sixth (6th) banking day following a complying presentation.
Except as stated herein, this Letter of Credit is not subject to any condition or qualification. It is our
individual obligation, which is not contingent upon reimbursement and is not affected by any
agreement, document, or instrument between us and the Applicant or between the Beneficiary and the
Applicant or any other party.
Except as otherwise specifically stated herein, this Letter of Credit is subject to and governed by the
Uniform Customs and Practice for Documentary Credits, 2007 Revision, International Chamber of
Commerce (ICC) Publication No. 600 (the “UCP 600”); provided that, if this Letter of Credit expires
during an interruption of our business as described in Article 36 of the UCP 600, we will honor drafts
presented in compliance with this Letter of Credit within thirty (30) days after the resumption of our
business and effect payment accordingly.
The law of the State of California shall apply to any matters not covered by the UCP 600.
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Page 49
For telephone assistance regarding this Letter of Credit, please contact us at [insert number and any
other necessary details].
Very truly yours,
[insert name of issuing bank]
By:
Authorized Signature
Name:[print or type name]
Title:
*** End of Appendix H***
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January 5, 2022
Page 50
Appendix I – FORM OF CONSENT TO ASSIGNMENT
CONSENT AND AGREEMENT
This CONSENT AND AGREEMENT (“Consent and Agreement”) is entered into as of [_______ __,
2___], between CITY OF RANCHO CUCAMONGA (“RCMU”), and [_________________] , as
collateral agent (in such capacity, “Financing Provider”), for the benefit of various financial
institutions (collectively, the “Secured Parties”) providing financing to [_______] (“Seller”). RCMU,
Seller, and the Financing Provider shall each individually be referred to as a “Party” and collectively as
the “Parties”.
Recitals
A. Pursuant to that certain Power Purchase Agreement dated as of _____________, 2___
(as amended, modified, supplemented or restated from time to time, as including all related
agreements, instruments and documents, collectively, the “Assigned Agreement”) between RCMU and
Seller, RCMU has agreed to purchase energy from Seller.
B. The Secured Parties have provided, or have agreed to provide, to Seller financing
(including a financing lease) pursuant to one or more agreements (the “Financing Documents”), and
require that Financing Provider be provided certain rights with respect to the “Assigned Agreement”
and the “Assigned Agreement Accounts,” each as defined below, in connection with such financing.
C. In consideration for the execution and delivery of the Assigned Agreement, RCMU has
agreed to enter into this Consent and Agreement for the benefit of Seller.
Agreement
1. Definitions. Any capitalized term used but not defined herein shall have the meaning specified
for such term in the Assigned Agreement.
2. Consent. Subject to the terms and conditions below, RCMU consents to and approves the
pledge and assignment by Seller to Financing Provider pursuant to the Loan Agreement and/or
Security Agreement of (a) the Assigned Agreement, and (b) the accounts, revenues and proceeds of the
Assigned Agreement (collectively, the “Assigned Agreement Accounts”).
3. Limitations on Assignment. Financing Provider acknowledges and confirms that,
notwithstanding any provision to the contrary under applicable law or in any Financing Document
executed by Seller, Financing Provider shall not assume, sell or otherwise dispose of the Assigned
Agreement (whether by foreclosure sale, conveyance in lieu of foreclosure or otherwise) unless, on or
before the date of any such assumption, sale or disposition, Financing Provider or any third party, as
the case may be, assuming, purchasing or otherwise acquiring the Assigned Agreement (a) cures any
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and all defaults of Seller under the Assigned Agreement which are capable of being cured and which
are not personal to the Seller, (b) executes and delivers to RCMU a written assumption of all of
Seller’s rights and obligations under the Assigned Agreement in form and substance reasonably
satisfactory to RCMU, (c) otherwise satisfies and complies with all requirements of the Assigned
Agreement, (d) provides such tax and enforceability assurance as RCMU may reasonably request, and
(e) is a Permitted Transferee (as defined below). Financing Provider further acknowledges that the
assignment of the Assigned Agreement and the Assigned Agreement Accounts is for security purposes
only and that Financing Provider has no rights under the Assigned Agreement or the Assigned
Agreement Accounts to enforce the provisions of the Assigned Agreement or the Assigned Agreement
Accounts unless and until an event of default has occurred and is continuing under the Financing
Documents between Seller and Financing Provider (a “Financing Default”), in which case Financing
Provider shall be entitled to all of the rights and benefits and subject to all of the obligations which
Seller then has or may have under the Assigned Agreement to the same extent and in the same manner
as if Financing Provider were an original party to the Assigned Agreement.
“Permitted Transferee” means any person or entity who is reasonably acceptable to RCMU. Financing
Provider may from time to time, following the occurrence of a Financing Default, notify RCMU in
writing of the identity of a proposed transferee of the Assigned Agreement, which proposed transferee
may include Financing Provider, in connection with the enforcement of Financing Provider’s rights
under the Financing Documents, and RCMU shall, within thirty (30) business days of its receipt of
such written notice, confirm to Financing Provider whether or not such proposed transferee is a
“Permitted Transferee” (together with a written statement of the reason(s) for any negative
determination) it being understood that if RCMU shall fail to so respond within such thirty (30)
business day period such proposed transferee shall be deemed to be a “Permitted Transferee”.
4. Cure Rights.
(a) Notice to Financing Provider by RCMU. RCMU shall, concurrently with the delivery
of any notice of an event of default under the Assigned Agreement (each, an “Event of Default”) to
Seller (a “Default Notice”), provide a copy of such Default Notice to Financing Provider pursuant to
Section 9(a) of this Consent and Agreement. In addition, Seller shall provide a copy of the Default
Notice to Financing Provider the next business day after receipt from RCMU, independent of any
agreement of RCMU to deliver such Default Notice.
(b) Cure Period Available to Financing Provider Prior to Any Termination by RCMU.
Upon the occurrence of an Event of Default, subject to (i) the expiration of the relevant cure periods
provided to Seller under the Assigned Agreement, and (ii) Section 4(a) above, RCMU shall not
terminate the Assigned Agreement unless it or Seller provides Financing Provider with notice of the
Event of Default and affords Financing Provider an Additional Cure Period (as defined below) to cure
such Event of Default. For purposes of this Agreement “Additional Cure Period” means (i) with
respect to a monetary default, ten (10) days in addition to the cure period (if any) provided to Seller in
the Assigned Agreement, and (ii) with respect to a non-monetary default, thirty (30) days in addition to
the cure period (if any) provided to Seller in the Assigned Agreement.
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(c) Failure by RCMU to Deliver Default Notice. If neither RCMU nor Seller delivers a
Default Notice to Financing Provider as provided in Section 4(a), the Financing Provider’s applicable
cure period shall begin on the date on which notice of an Event of Default is delivered to Financing
Provider by either RCMU or Seller. Except for a delay in the commencement of the cure period for
Financing Provider and a delay in RCMU’s ability to terminate the Assigned Agreement (in each case
only if both RCMU and Seller fail to deliver notice of an Event of Default to Financing Provider),
failure of RCMU to deliver any Default Notice shall not waive RCMU’s right to take any action under
the Assigned Agreement and will not subject RCMU to any damages or liability for failure to provide
such notice.
(d) Extension for Foreclosure Proceedings. If possession of the Project (as defined in the
Assigned Agreement) is necessary for Financing Provider to cure an Event of Default and Financing
Provider commences foreclosure proceedings against Seller within thirty (30) days of receiving notice
of an Event of Default from RCMU or Seller, whichever is received first, Financing Provider shall be
allowed a reasonable additional period to complete such foreclosure proceedings, such period not to
exceed ninety (90) days; provided, however, that Financing Provider shall provide a written notice to
RCMU that it intends to commence foreclosure proceedings with respect to Seller within ten (10)
business days of receiving a notice of such Event of Default from RCMU or Seller, whichever is
received first. In the event Financing Provider succeeds to Seller’s interest in the Project as a result of
foreclosure proceedings, the Financing Provider or a purchaser or grantee pursuant to such foreclosure
shall be subject to the requirements of Section 3 of this Consent and Agreement.
5. Setoffs and Deductions. Each of Seller and Financing Provider agrees that RCMU shall have
the right to set off or deduct from payments due to Seller each and every amount due RCMU from
Seller whether or not arising out of or in connection with the Assigned Agreement. Financing Provider
further agrees that it takes the assignment for security purposes of the Assigned Agreement and the
Assigned Agreement Accounts subject to any defenses or causes of action RCMU may have against
Seller.
6. No Representation or Warranty. Seller and Financing Provider each recognizes and
acknowledges that RCMU makes no representation or warranty, express or implied, that Seller has any
right, title, or interest in the Assigned Agreement or as to the priority of the assignment for security
purposes of the Assigned Agreement or the Assigned Agreement Accounts. Financing Provider is
responsible for satisfying itself as to the existence and extent of Seller’s right, title, and interest in the
Assigned Agreement, and Financing Provider releases RCMU from any liability resulting from the
assignment for security purposes of the Assigned Agreement and the Assigned Agreement Accounts.
7. Amendment to Assigned Agreement. Financing Provider acknowledges and agrees that
RCMU may agree with Seller to modify or amend the Assigned Agreement, and that RCMU is not
obligated to notify Financing Provider of any such amendment or modification to the Assigned
Agreement. Financing Provider hereby releases RCMURCMU from all liability arising out of or in
connection with the making of any amendment or modification to the Assigned Agreement.
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8. Payments under Assigned Agreement. RCMU shall make all payments due to Seller under the
Assigned Agreement from and after the date hereof to [__________], as depositary agent, to ABA No.
[__________], Account No. [__________], and Seller hereby irrevocably consents to any and all such
payments being made in such manner. Each of Seller, RCMU and Financing Provider agrees that each
such payment by RCMU to such depositary agent of amounts due to Seller from RCMU under the
Assigned Agreement shall satisfy RCMU’s corresponding payment obligation under the Assigned
Agreement.
9. Miscellaneous.
(a) Notices. All notices hereunder shall be in writing and shall be deemed received (i) at
the close of business of the date of receipt, if delivered by hand or by facsimile or other electronic
means, or (ii) when signed for by recipient, if sent registered or certified mail, postage prepaid,
provided such notice was properly addressed to the appropriate address indicated on the signature page
hereof or to such other address as a party may designate by prior written notice to the other parties, at
the address set forth below:
If to Financing
Provider:
Name:
Address:
Attn:
Telephone:
Facsimile:
Email:
If to RCMU:
Name:
Address:
Attn:
Telephone:
Facsimile:
Email:
(b) No Assignment. This Consent and Agreement shall be binding upon and shall inure to
the benefit of the successors and assigns of RCMU, and shall be binding on and inure to the benefit of
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the Financing Provider, the Secured Parties and their respective successors and permitted transferees
and assigns under the loan agreement and/or security agreement.
(c) No Modification. This Consent and Agreement is neither a modification of nor an
amendment to the Assigned Agreement.
(d) Choice of Law. The parties hereto agree that this Consent and Agreement shall be
construed and interpreted in accordance with the laws of the State of California, excluding any choice
of law rules which may direct the application of the laws of another jurisdiction.
(e) No Waiver. No term, covenant or condition hereof shall be deemed waived and no
breach excused unless such waiver or excuse shall be in writing and signed by the party claimed to
have so waived or excused.
(f) Counterparts. This Consent and Agreement may be executed in one or more duplicate
counterparts, and when executed and delivered by all the parties listed below, shall constitute a single
binding agreement.
(g) No Third Party Beneficiaries. There are no third party beneficiaries to this Consent and
Agreement.
(h) Severability. The invalidity or unenforceability of any provision of this Consent and
Agreement shall not affect the validity or enforceability of any other provision of this Consent and
Agreement, which shall remain in full force and effect.
(i) Amendments. This Consent and Agreement may be modified, amended, or rescinded
only by writing expressly referring to this Consent and Agreement and signed by all parties hereto.
IN WITNESS WHEREOF, each of RCMU and Financing Provider has duly executed this Consent and
Agreement as of the date first written above.
City of Rancho Cucamonga (RCMU)
By: _________________________________
Name: _______________________________
Title: ________________________________
[_________________________________]
(Financing Provider), as collateral agent
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Page 55
By: _________________________________
Name: _______________________________
Title: ________________________________
ACKNOWLEDGEMENT
The undersigned hereby acknowledges the Consent and Agreement set forth above, makes the
agreements set forth therein as applicable to Seller, including the obligation of Seller to provide a copy
of any Default Notice it receives from RCMU to Financing Provider the next business day after receipt
by Seller, and confirms that the Financing Provider identified above and the Secured Parties have
provided or are providing financing to the undersigned.
[________________________][name of Seller]
By: _________________________________
Name: _______________________________
Title: ________________________________
*** End of Appendix I***
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CITY COUNCIL ORDINANCE NO.
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January 5, 2022
Page 56
EXHIBIT “F”
RCMU Line Extension
Rancho Cucamonga Municipal Utility
ResponsibilityDeveloper Responsibility
Approximate location of stub out for developer
constructed infrastructure from here to building
POC/switch gear. Final location to be
coordinated with City’s Etiwanda Grade
Separation Project and RCMU.
Developer constructed line extension including
RCMU interconnection point and private
infrastructure from line extension to building
POC/switch gear for electrical and fiberoptic
infrastructure.
Developer constructed infrastructure to include
design and construction by developer of both
electrical and fiberoptic communications
infrastructure from stub out points shown above
to the POC/switch gear and telecommunications
room for each building.
N
Final design may include infrastructure within
the County of San Bernardino’s jurisdiction.
Developer to coordinate with the County and
RCMU to obtain all necessary permits and
rights-of-way to construct and maintain utility
infrastructure outside of the City limits.
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RESOLUTION NO. 2022-006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, CERTIFYING THE
ENVIRONMENTAL IMPACT REPORT (SCH No. 2020090076)
FOR THE “SPEEDWAY COMMERCE CENTER” PROJECT
WHICH PROPOSES THE DEVELOPMENT OF TWO NEW
INDUSTRIAL WAREHOUSE BUILDINGS TOTALING
APPROXIMATELY 655,878 SQUARE FEET ON AN
APPROXIMATE 35-ACRE PROJECT SITE LOCATED
APPROXIMATELY 650 FEET EAST OF ETIWANDA AVENUE
NORTH OF NAPA STREET – APNS: 0229-291-23, -46 AND -54,
MAKING FINDINGS PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT, AND ADOPTING A
MITIGATION MONITORING AND REPORTING PROGRAM
A. Recitals.
1.WHEREAS, Kimley-Horn and Associates, on behalf of Hillwood Enterprises, L.P., filed
an application for Annexation DRC2020-00185, Prezoning DRC2020-00186, General Plan
Amendment DRC2020-00184, Tentative Parcel Map SUBTPM20251, Design Review DRC2020-
00177, Conditional Use Permit DRC2021-00317, Uniform Sign Program DRC2020-00178, and
Development Agreement DRC2021-00175 for a development project as described in the title of
this Resolution (collectively, the “Project”).
2.WHEREAS, in accordance with the California Environmental Quality Act (CEQA) and
the State CEQA Guidelines, the City prepared an initial study for the Project and concluded that
there was substantial evidence that the Project might have a significant environmental impact on
several resources and determined that an EIR must be prepared for the Project in order to analyze
the Project’s potential impacts on the environment.
3.WHEREAS, pursuant to CEQA Guidelines, Section 15082, on September 3, 2020, the
City published a Notice of Preparation (NOP) of a Draft EIR for the Project, and circulated the
NOP and initial study to the Office of Planning and Research, the County Clerk, responsible and
trustee agencies, governmental agencies, organizations, and persons who may be interested in
the application for a 30-day public review period.
4.WHEREAS, the City received comments from the Native American Heritage
Commission, California Department of Fish and Wildlife, California Department of Transportation,
San Bernardino County Department of Public Works, Inland Empire Biking Alliance, South Coast
Air Quality Management District (SCAQMD), Cucamonga Valley Water District (CVWD) and the
Inland Empire Utilities Agency (IEUA) in response to the NOP.
5.WHEREAS, after providing notice to the required tribes under AB 52 and SB 18, the
City initiated consultation with one tribe in the area, the Gabrieleno Band of Mission Indians - Kizh
Nation, and comments were also received from the San Manuel Band of Mission Indians, in
accordance with the City’s obligations under AB 52 and SB 18.
6.WHEREAS, the City released the Draft EIR for a 45-day public review period
beginning June 29, 2021 and ending on August 13, 2021. During the public review period the
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CITY COUNCIL RESOLUTION NO. 2021-006
HILLWOOD ENTERPRISES, L.P., “SPEEDWAY COMMERCE CENTER”, FINAL EIR
CERTIFICATION AND CEQA FINDINGS
January 5, 2022
City of Rancho Cucamonga 2 January 2022
City received a total of 6 comment letters on the Draft EIR that required responses, and the City
has prepared responses to each comment.
7.WHEREAS, the EIR concludes that with the inclusion of mitigation measures, the
Project will not have a significant impact on any environmental resources.
8.WHEREAS, the City prepared a Final EIR in accordance with CEQA, which contains
the City’s responses to comments, a Mitigation Monitoring and Reporting Program (MMRP) for
the Project, the Draft EIR as modified by the Final EIR, and all appendices.
9.WHEREAS, on December 8, 2021, the Planning Commission conducted a duly
noticed public hearing where it reviewed the contents of the Draft EIR and Final EIR and all
associated materials, and after concluding the hearing recommended that the City Council
approve the Project and certify the Final EIR.
10.WHEREAS, on January 5, 2022, the City Council conducted a duly noticed public
hearing to consider the Project and concluded the hearing on that date.
11.WHEREAS, 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. Recitals. The City Council hereby specifically finds that all of the facts set forth in
the Recitals, Part A, of this Resolution are true and correct.
2. Findings. Based upon the information and evidence set forth in the Final EIR,
together with its appendices, and all other available evidence presented to the City Council during
the above-referenced public hearing on January 5, 2022, including written and oral staff reports
and public testimony, and upon the recommendation of the Planning Commission, the City
Council hereby specifically finds as follows:
a. Agencies and interested members of the public have been afforded due
notice and an opportunity to comment on the EIR and the Project.
b. Section 15091 of the State CEQA Guidelines requires that the City, before
approving the Project, make one or more of the following written findings for each significant effect
identified in the Final EIR accompanied by a brief explanation of the rationale for each finding:
i. Changes or alterations have been required in, or incorporated into,
the project which avoid or substantially lessen the significant environmental effect as identified in
the Final EIR;
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CITY COUNCIL RESOLUTION NO. 2021-006
HILLWOOD ENTERPRISES, L.P., “SPEEDWAY COMMERCE CENTER”, FINAL EIR
CERTIFICATION AND CEQA FINDINGS
January 5, 2022
City of Rancho Cucamonga 3 January 2022
ii. Such changes or alterations are within the responsibility and
jurisdiction of another public agency and not the agency making the finding. Such changes have
been adopted by such other agency or can and should be adopted by such other agency; or
iii. Specific economic, legal, social, technological, or other
considerations, including provision of employment opportunities for highly trained workers, make
infeasible the mitigation measures or project alternatives identified in the Final EIR.
These required findings are set forth in the attached Exhibit A and incorporated
herein by this reference.
c. Environmental impacts identified in the Final EIR that are found to have no
impact are described in Section 3 of Exhibit A, attached hereto and incorporated by reference.
d. Environmental impacts identified in the Final EIR that are found to be less
than significant and do not require mitigation are described in Section 4 of Exhibit A, attached
hereto and incorporated herein by reference.
e. Environmental impacts identified in the Final EIR as potentially significant,
but that can be reduced to less than significant levels with mitigation, are described in Section 5
of Exhibit A attached hereto and incorporated herein by reference.
f. No environmental impacts were identified in the Final EIR as significant and
unavoidable despite the imposition of all feasible mitigation measures, and a statement further
confirming this conclusion is provided Exhibit A, attached hereto and incorporated herein by
reference.
g. State CEQA Guidelines Section 15091 and Public Resources Code
Section 21081.6 requires the City to prepare and adopt a mitigation monitoring and reporting
program for any project for which mitigation measures have been imposed to assure compliance
with the adopted mitigation measures. The Mitigation Monitoring and Reporting Program is
attached hereto as Exhibit B and is hereby incorporated herein by reference. Further, the
mitigation measures set forth therein are made applicable to the Project.
h. Prior to taking action on the Final EIR and approving the Project, the City
Council specifically finds and certifies that: (1) the Final EIR was presented to the City Council;
(2) the City Council reviewed and considered the Final EIR and all of the information and data in
the administrative record, and all oral and written testimony presented to it during meetings and
hearings; (3) the Final EIR is adequate and has been completed in full compliance with CEQA;
and (4) the Final EIR reflects the City Council’s independent judgment and analysis.
i. No comments or any additional information submitted to the City have
produced any substantial new information requiring additional recirculation or additional
environmental review of the Project under CEQA.
3. Determination. On the basis of the foregoing and all of the evidence in the
administrative record before it, the City Council hereby certifies the Final EIR, adopts findings
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CITY COUNCIL RESOLUTION NO. 2021-006
HILLWOOD ENTERPRISES, L.P., “SPEEDWAY COMMERCE CENTER”, FINAL EIR
CERTIFICATION AND CEQA FINDINGS
January 5, 2022
City of Rancho Cucamonga 4 January 2022
pursuant to the CEQA as set forth in Exhibit A attached hereto and incorporated herein by
reference, and adopts the Mitigation Monitoring and Reporting Program (MMRP) attached hereto
as Exhibit B and incorporated herein by reference.
4. Location of Record. The documents and other materials, including the staff
reports, technical studies, appendices, plans, and specifications, that constitute the record on
which this Resolution is based are located in the Planning Department and are in the custody of
the Planning Director, 10500 Civic Center Drive, Rancho Cucamonga, CA 91730. All such
documents are incorporated herein by reference.
5. Certification. The City Clerk shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 5TH DAY OF JANUARY 2022.
CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA
BY:
L. Dennis Michael, Mayor
I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the
foregoing Resolution was adopted at a regular meeting of the City Council held on the 5th day of
January 2022, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ATTEST: _______________________________
City Clerk of the City of Rancho Cucamonga
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CITY COUNCIL RESOLUTION NO. 2021-006
HILLWOOD ENTERPRISES, L.P., “SPEEDWAY COMMERCE CENTER”, FINAL EIR
CERTIFICATION AND CEQA FINDINGS
January 5, 2022
City of Rancho Cucamonga 5 January 2022
Exhibit A
CEQA Findings and Facts in Support of Findings
FINDINGS OF FACT FOR
Speedway Commerce Center Project
STATE CLEARINGHOUSE NO. 2020090076
LEAD AGENCY
CITY OF RANCHO CUCAMONGA
Sean McPherson, Senior Planner
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
(909) 774-4302
January 2021
Page 219
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Speedway Commerce Center Project
Findings of Fact Introduction
City of Rancho Cucamonga i January 2022
TABLE OF CONTENTS
Section 1: Introduction 1
1.1 Purpose ...................................................................................................................1
1.2 Records of Proceedings ..........................................................................................2
1.3 Custodian and Location of Records.........................................................................3
1.4 CEQA Findings of Independent Judgment, Review and Analysis...........................4
Section 2: General CEQA Findings 5
Section 3: Environmental Impacts Found to Have No Impact 7
Aesthetics...........................................................................................................................7
Agriculture and Forestry Services ......................................................................................7
Air Quality...........................................................................................................................9
Biological Resources........................................................................................................10
Geology and Soils ............................................................................................................11
Hazards and Hazardous Materials ...................................................................................12
Land Use and Planning ....................................................................................................13
Noise ................................................................................................................................14
Population and Housing ...................................................................................................14
Public Services and Recreation........................................................................................14
Wildfire..............................................................................................................................15
Section 4: Environmental Impacts Found to be Less Than Significant (No Mitigation Required)
17
Aesthetics.........................................................................................................................17
Air Quality.........................................................................................................................18
Biological Resources........................................................................................................19
Cultural Resources...........................................................................................................19
Energy ..............................................................................................................................20
Geology and Soils ............................................................................................................21
Greenhouse Gas Emissions.............................................................................................22
Hazards and Hazardous Materials ...................................................................................22
Hydrology and Water Quality............................................................................................23
Land Use and Planning ....................................................................................................27
Noise ................................................................................................................................28
Population and Housing ...................................................................................................29
Public Services and Recreation........................................................................................30
Transportation ..................................................................................................................31
Utilities and Service Systems ...........................................................................................33
Section 5: Environmental Impacts Found to be Less Than Significant with Mitigation
Incorporated 37
Air Quality.........................................................................................................................37
Biological Resources........................................................................................................39
Cultural Resources...........................................................................................................41
Geology and Soils ............................................................................................................41
Greenhouse Gas Emissions.............................................................................................46
Hazards and Hazardous Materials ...................................................................................47
Tribal Cultural Resources.................................................................................................48
Section 6: Alternatives to the Proposed Project 51
Alternatives Rejected from Further Consideration............................................................51
Alternatives Selected for Further Analysis........................................................................52
Section 7: Additional CEQA Considerations 55
Significant and Irreversible Environmental Changes (DEIR Section 5.1).........................55
Growth Inducing Impacts (DEIR Section 5.2)...................................................................55
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Mandatory Findings of Significance (DEIR Section 5.3)...................................................56
Section 8: General CEQA Findings 59
Section 9: Findings Regarding Recirculation 61
Section 10: Legal Effects of Findings 63
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Section 1: Introduction
This statement of Findings of Fact (Findings) addresses the environmental effects associated with the
proposed Speedway Commerce Center Project (Project), as described in the Final Environmental Impact
Report (FEIR). These Findings are made pursuant to the California Environmental Quality Act (CEQA)
(California Public Resources Code [PRC] § 21000 et seq.), specifically PRC §§ 21081, 21081.5, and 21081.6,
and the CEQA Guidelines (14 California Code of Regulations [CCR] 15000 et seq.), specifically §§ 15091
and 15093. The Draft EIR (DEIR) examines the full range of potential effects of construction and operation
of the Project and identifies mitigation measures that will be employed to reduce, minimize, or avoid
those potential effects.
In accordance with, and in furtherance of the mandates contained in California Public Resources Code
Section 21002 and related case law, the Project design reflects the identification and implementation of
feasible mitigation measures to lessen identified environmental impacts, and the FEIR presented includes
information on the environmental effects of the Project, including effects that are mitigated and those
that, despite the inclusion of feasible mitigation measures, remain significant and unavoidable.
1.1 Purpose
PRC § 21081, and CEQA Guidelines § 15091 require that the lead agency, in this case the City of Rancho
Cucamonga (City), prepare written findings for identified significant effects, accompanied by a brief
explanation of the rationale for each finding. PRC § 21081(a) affirmatively requires a lead agency make
one or more of three possible findings in reference to each significant impact. In addition, PRC § 21081(b)
requires an additional finding for impacts that include specific economic, legal, social, technological, and
other considerations wherein the lead agency affirms that the project benefits outweigh the
environmental impacts.
CEQA Guidelines § 15091 states, in part, that:
a) No public agency shall approve or carry out a project for which an EIR has been certified which
identifies one or more significant environmental effects of the project unless the public agency
makes one or more written findings for each of those significant effects, accompanied by a brief
explanation of the rationale for each finding. The possible findings are:
1) Changes or alterations have been required in, or incorporated into, the project which avoid
or substantially lessen the significant environmental effect as identified in the final EIR.
2) Such changes or alterations are within the responsibility and jurisdiction of another public
agency and not the agency making the finding. Such changes have been adopted by such
other agency or can and should be adopted by such other agency.
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3) Specific economic, legal, social, technological, or other considerations, including provision
of employment opportunities for highly trained workers, make infeasible the mitigation
measures or project alternatives identified in the final EIR.
In accordance with PRC § 21081, and CEQA Guidelines § 15093 (Statement of Overriding Conditions
[SOC]), whenever significant effects cannot be mitigated to below a level of significance, the
decision-making agency is required to balance, as applicable, the benefits of the project against its
unavoidable environmental risks when determining whether to approve the project. If the benefits of a
project outweigh the unavoidable adverse environmental effects, the adverse effects may be considered
“acceptable.” In that case, the decision-making agency may prepare and adopt an SOC, pursuant to the
CEQA Guidelines.
Section 15093 of the CEQA Guidelines provides:
a) CEQA requires the decision-making agency to balance, as applicable, the economic, legal, social,
technological, or other benefits of a proposed project against its unavoidable environmental
risks when determining whether to approve the project. If the specific economic, legal, social,
technological, or other benefits of a proposed project outweigh the unavoidable adverse
environmental effects, the adverse environmental effects may be considered "acceptable."
b) When the lead agency approves a project which will result in the occurrence of significant
effects which are identified in the final EIR but are not avoided or substantially lessened, the
agency shall state in writing the specific reasons to support its action based on the FEIR and/or
other information in the record. The statement of overriding considerations shall be supported
by substantial evidence in the record.
c) If an agency makes a statement of overriding considerations, the statement should be included
in the record of the project approval and should be mentioned in the notice of determination.
This statement does not substitute for, and shall be in addition to, findings required pursuant to
Section 15091.
The FEIR identified potentially significant effects that could result from the project. The City finds that the
inclusion of feasible mitigation measures as part of the approval of the Project will reduce all of those
effects to less-than-significant levels.
As required by CEQA, the City, in adopting these Findings, also adopts a Mitigation Monitoring and
Reporting Program (MMRP) for the Project. The City finds that the MMRP, which is incorporated by
reference and made a part of these Findings, meets the requirements of PRC § 21081.6, by providing for
the implementation and monitoring of measures intended to mitigate potentially significant effects of the
Project.
In accordance with the CEQA Statutes and Guidelines, the City adopts these Findings for the Project.
Pursuant to PRC § 21082.1(c)(3), the City also finds that these Findings reflect the City’s independent
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judgment as the lead agency for the Project (see Findings Section 1.4, CEQA Findings of Independent
Judgment, Review and Analysis).
1.2 Records of Proceedings
For the purposes of CEQA and these Findings, the record of proceedings for the Project includes all data
and materials outlined in PRC § 21167.6(e), along with other Project-relevant information contained
within the City’s files. Specifically, the record of proceedings for the City’s decision on the Project includes
the following documents, all of which are incorporated by reference and are relied on in supporting these
Findings:
The Notice of Preparation (NOP), Notice of Availability (NOA), and all other public notices issued
by the City in conjunction with the Project
All written comments submitted by agencies, organizations, or members of the public during the
public review comment period on the NOP
The DEIR for the Project and all technical appendices, technical memoranda and documents relied
upon or incorporated by reference
All written comments submitted by agencies, organizations, or members of the public during the
public review comment period on the DEIR and the City’s responses to those comments, including
related referenced technical materials and DEIR errata
The FEIR for the Project
The MMRP for the Project
All reports, studies, memoranda, maps, staff reports, or other planning documents relating to the
Project prepared by the City or consultants to the City with respect to the City’s compliance with
the requirements of CEQA and with respect to the City’s action on the Project
All documents submitted to the City by other public agencies or members of the public in
connection with the DEIR
Any minutes and/or verbatim transcripts of all information sessions, public meetings, and public
hearings held by the City in connection with the Project
Any documentary or other evidence submitted to the City at such information sessions, public
meetings, and public hearings
All resolutions adopted by the City regarding the Project, and all staff reports, analyses, and
summaries related to the adoption of those resolutions
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Matters of common knowledge to the City, including, but not limited to federal, state, and local
laws and regulations
Any documents expressly cited in these Findings, in addition to those cited above, and any other
materials required for the record of proceedings by PRC § 21167.6(e)
1.3 Custodian and Location of Records
The documents and other materials that, as a whole, make up the Record of Proceedings for the City’s
actions related to the Project are located at the City of Rancho Cucamonga, Planning Department, 10500
Civic Center Drive, Rancho Cucamonga, California 91730. The City, as the lead agency for the Project, is
the custodian of the Record of Proceedings for the Project.
1.4 CEQA Findings of Independent Judgment, Review and Analysis
Under CEQA, the lead agency must (1) independently review and analyze the EIR; (2) circulate draft
documents that reflect its independent judgment; (3) as part of the certification of an EIR, find that the
report or declaration reflects the independent judgment of the lead agency; and (4) submit copies of the
documents to the State Clearinghouse if there is state agency involvement or if the project is of statewide,
regional, or area-wide significance (PRC § 21082.1[c]).
The Findings contained in this document reflect the City’s conclusions, as required pursuant to CEQA, for
the Project. The City has exercised independent judgment, in accordance with PRC § 21082.1(c)(3), in the
preparation of the EIR. The review, analysis and revision material prepared by the Project Applicant and
its consultants, and the review, analysis, and revision of the EIR based on comments received during the
public comment process.
Having received, reviewed, and considered the information in the FEIR, as well as any and all other
information in the record, the City hereby makes these Findings pursuant to and in accordance with
PRC §§ 21081, 21081.5, and 21081.6.
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Section 2: General CEQA Findings
Pursuant to PRC § 21081 and CEQA Guidelines § 15091, no public agency shall approve or carry out a
project for which an EIR has been certified which identifies one or more significant effects on the
environment that would occur if the project is approved or carried out unless the public agency makes
one or more of the following findings with respect to each significant impact:
1. Changes or alterations have been required in, or incorporated into, the project which mitigates
or avoid the significant effects on the environment. [referred to in these Findings as “Finding 1”].
2. Those changes or alterations are within the responsibility and jurisdiction of another public
agency and have been, or can and should be, adopted by that other agency. [referred to in these
Findings as “Finding 2”].
3. Specific economic, legal, social, technological, or other consideration, including considerations for
the provision of employment opportunities for highly trained workers, make infeasible the
mitigation measures or alternatives identified in the environmental impact report. (The concept
of infeasibility also encompasses whether a particular alternative or mitigation measure promotes
the Project’s underlying goals and objectives, and whether an alternative or mitigation measure
is impractical or undesirable from a policy standpoint. See, California Native Plant Society v. City
of Santa Cruz (2009) 177 Cal.App.4th 957; City of Del Mar v. City of San Diego (1982)
133 Cal.App.3d 410). [referred to in these Findings as “Finding 3”].
The City has made one or more of the required written findings for each significant impact associated with
the Project. Those written findings, along with a presentation of facts in support of each of the written
findings, are presented below. The City certifies these findings are based on full appraisal of all viewpoints,
including all comments received up to the date of adoption of these findings, concerning the
environmental issues identified and discussed.
The mitigation measures adopted as part of the Project are feasible and mitigate the environmental
impacts to the maximum extent feasible and possible as discussed in the findings made below. The FEIR
includes minor clarifications to the DEIR. These changes made to the DEIR are shown in the FEIR in
response to individual comments and are shown in strikethrough and underline text. Changes to
mitigation measure, as shown in the FEIR Errata and MMRP, are also shown below in strikethrough and
underline text.
Thus, it is the finding of the City that such clarifying changes as described in the FEIR, do not present any
new, significant information requiring recirculation or additional environmental review under
PRC § 21092.1 and CEQA Guidelines § 15088.5.
A MMRP for the Project has been adopted pursuant to the requirements of PRC § 21081.6 to ensure
implementation of the adopted mitigation measures to reduce significant effects on the environment and
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is included in the FEIR document. The City is the custodian of the documents and other material that
constitute the record of the proceedings upon which certification of the FEIR for the Project is based, as
described above in Section 1.3, Custodian and Location of Records.
It is the finding of the City of Rancho Cucamonga’s City Council that the FEIR, as presented for review and
approval, fulfills environmental review requirements for the Project, and that the document constitutes
a complete, accurate, adequate, and good faith effort at full disclosure under CEQA, and reflects the
independent judgment of the City.
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Section 3: Environmental Impacts Found to Have No Impact
For the following significance thresholds, the City finds that, based upon substantial evidence in the
record, the proposed Project would have no impact; therefore, no mitigation is required, and no
significant, unavoidable adverse impacts would occur.
Aesthetics
Impact 7.2-2: Would the Project substantially damage scenic resources, including but
not limited to trees, rock outcroppings, and historic buildings within a state
scenic highway?
Basis for Conclusion: Roadways surrounding the proposed Project area include Napa Street, Etiwanda
Avenue, and Whittram Avenue. As discussed in the City’s General Plan EIR, scenic routes within the valley
area of the County (which includes the southwestern section of the County located south of the San
Bernardino and San Gabriel Mountains), where the proposed Project is located, are located in the eastern
section of the valley area near the cities of Loma Linda, Redlands, and Yucaipa and in the southwestern
corner of the County. Other scenic routes are in the mountain and desert regions, where natural settings
remain. The closest State-designated Scenic Highway is Route. 142, from the Orange County Line to
Peyton Drive.1,2 The intersection of Peyton Drive and Route. 142 is approx. 14.5 miles southeast of the
proposed Project site. There are no officially designated county scenic highways in the County.3 Given the
distance between the proposed Project Site and the nearest officially designated state scenic highways,
the proposed Project would not substantially damage scenic resources, including, but not limited to, trees,
rock outcroppings, and historic buildings within a state scenic highway. Therefore, no impacts to scenic
resources would be anticipated under the Project or Alternate Project.
Supportive Evidence: Please refer to DEIR page 7.2.
Agriculture and Forestry Services
Impact 7.3-1: Would the Project convert Prime Farmland, Unique Farmland, or Farmland
of Statewide Importance (Farmland), as shown on the maps prepared
pursuant to the Farmland Mapping and Monitoring Program of the
California Resources Agency, to non-agricultural use?
Basis for Conclusion: According to the California Department of Conservation’s California Important
Farmland Finder and Exhibit 4.2-1: Farmland Resources from the City’s General Plan EIR, the proposed
Project site does not contain Prime Farmland, Unique Farmland, Farmland of Statewide Importance, or
1 Caltrans. 2017. California Scenic Highways. Available at
https://www.arcgis.com/home/item.html?id=f0259b1ad0fe4093a5604c9b838a486a (accessed May 2020).
2 Caltrans. 2019. List of eligible and officially designated State Scenic Highways. Available at https://dot.ca.gov/-/media/dot-
media/programs/design/documents/desig-and-eligible-aug2019_a11y.xlsx (accessed May 2020).
3 Caltrans. ND. Officially Designated County Scenic Highways. Available at https://dot.ca.gov/-/media/dot-
media/programs/design/documents/od-county-scenic-hwys-2015-a11y.pdf (accessed May 2020).
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Farmland of Local Importance. 4,5 The site is classified as Urban and Built-Up Land by the Farmland Finder
and Exhibit 4.2-1. In addition, the Project site has largely been graded and leveled. Because
implementation of the Project would not involve the conversion of Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance to non-agricultural use, no impact would occur.
Supportive Evidence: Please refer to DEIR page 7-6.
Impact 7.3-2: Would the Project conflict with existing zoning for agricultural use, or a Williamson Act
contract?
Bases for Conclusion: According to the City’s General Plan Land Use Plan map (Figure LU-2 of the General
Plan), the City does not have an agricultural land use designation. The City’s Development Code also does
not have an agricultural zone, although agricultural uses are permitted under the following base zoning
districts: Open Space (OS), Flood Control-Open Space (FC), and Utility Corridor-Open Space (UC).
Additionally, according to the City’s General Plan, there are no lands within the City that are under a
Williamson Act contract; therefore, no impacts related to Williamson Act contracts would occur.
In addition, the Project site is classified as Urban and Built-Up Land by the Farmland Finder and according
to Figure 6-9A: Prime Farmland – Valley Region from the County of San Bernardino General Plan, the
Project site is not within a Williamson Act contract area. The Project site is zoned HI. According to
Table 17.30.030-1: Allowed Land Uses and Permit Requirements by Base Zoning District, Agriculture Uses
are not permitted under HI zoning.6 As a result, no impacts associated with agricultural zoning conflicts
would occur.
Supportive Evidence: Please refer to DEIR page 7-6.
Impact 7.3-3: Would the Project conflict with existing zoning for, or cause rezoning of, forest land (as
defined in Public Resources Code section 12220(g)), timberland (as defined by Public
Resources Code section 4526), or timberland zoned Timberland Production (as defined
by Government Code section 51104(g))?
Impact 7.3-4: Would the Project result in the loss of forest land or conversion of forest land to non-
forest use?
Bases for Conclusion: The Project site would not conflict with existing zoning for, or cause rezoning of,
forest land (as defined in Public Resources Code (PRC) Section 12220(g)), timberland (as defined by
PRC Section 4526), or timberland zoned Timberland Production (as defined by Government Code
Section 51104(g)) given that the property is zoned HI and surrounded by properties zoned HI, KC/SP –
Kaiser Commerce Center Specific Plan and IR – Regional Industrial (KC/SP and IR by San Bernardino
4 Rancho Cucamonga. 2010. Rancho Cucamonga 2010 General Plan Update Draft Program Environmental Impact Report. Exhibit
4.2-1. Available at
https://www.dropbox.com/sh/micnzuy7wxmd8po/AABneqBoO_i2GiNyWkRX9OaRa?dl=0&preview=2010+General+Plan+EIR.pdf
(accessed May 2020).
5 California Department of Conservation. 2016. California Important Farmland Finder. Available at
https://maps.conservation.ca.gov/DLRP/CIFF/ (accessed May 2020).
6 Rancho Cucamonga. ND. Title 17 Development Code, Section 17.30.030 Allowed land uses and permit requirements. Available
at http://qcode.us/codes/ranchocucamonga/view.php?topic=17-iii-17_30-17_30_030&frames=on (accessed May 2020).
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County). Adjacent and surrounding properties to the Project Site are urban and built-up with industrial
and commercial uses. The Project Site is currently undeveloped. The majority of the site has been leveled
and graded and is covered over in dirt and sparse ruderal vegetation. Development/redevelopment of the
Project site would not result in rezoning of forest land as it proposes industrial warehouses or an
E-Commerce building with office space that would not result in a conflict with the zoning of, or need for
other rezoning of, other parcels within the City. Operation activities for the Project and Alternate Project
would not involve logging, forestry, or agricultural uses. Therefore, no impacts associated with conflicts
with existing zoning for forest land or timberland would occur.
Supportive Evidence: Please refer to DEIR page 7-7.
Impact 7.3-5: Would the Project involve other changes in the existing environment which, due to
their location or nature, could result in conversion of Farmland, to non-agricultural use
or conversion of forest land to non-forest use?
Basis for Conclusion: Due to the lack of existing farmland, forest lands, or areas zoned for agriculture, or
timberlands on the Project site or immediately surrounding areas, development of the Project site would
not involve changes in the existing environment which, due to their location or nature, could result in
conversion of farmland to non-agricultural use or conversion of forest land to non-forest use.
The nearest designated farmland and active agricultural operations are located approximately 2.25 miles
northeast of the Project site. Construction of either the Project or Alternate Project would be limited to
the same site and would not impact existing off-site agricultural operations. Further, operations for the
Project and Alternate Project would not involve logging, forestry, or agricultural uses. Therefore, no
impact would occur.
Supportive Evidence: Please refer to DEIR page 7-7.
Air Quality
Impact 4.1-1: Would the Project conflict with or obstruct implementation of the applicable air
quality plan?
Basis for Conclusion: The Project area is within the South Coast Air Basin and therefore is under the
jurisdiction of the South Coast Air Quality Management District (SCAQMD). The SCAQMD has two criteria
used to determine consistency with the Air Quality Management Plan (AQMP). The Project would comply
with both of the AQMP’s criteria. Therefore, the Project would be compliant with the applicable AQMP.
Supportive Evidence: Please refer to DEIR page 4.1-13 through 4.1-14.
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Impact 4.1-4: Would the Project result in other emissions (such as those leading to odors) adversely
affecting a substantial number of people?
Basis for Conclusion: During construction, emissions from construction equipment, such as diesel
exhaust, and volatile organic compounds from architectural coatings and paving activities may generate
odors. However, these odors would be temporary, are not expected to affect a substantial number of
people and would disperse rapidly. Furthermore, the SCAQMD CEQA Air Quality Handbook identifies
certain land uses as sources of odors. These land uses include agriculture (farming and livestock),
wastewater treatment plants, food processing plants, chemical plants, composting facilities, refineries,
landfills, dairies, and fiberglass molding. The Project would not include any of the land uses that have been
identified by the SCAQMD as odor sources. As a result, the Project would not create objectionable odors.
Therefore, no impacts related to odors would occur.
Supportive Evidence: Please refer to DEIR pages 4.1-33 through 4.1-34.
Biological Resources
Impact 4.2.3: Would the Project have a substantial adverse effect on state or federally protected
wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through
direct removal, filling, hydrological interruption, or other means?
Basis for Conclusion: The Project would not impact jurisdictional waters. The jurisdictional delineation
performed for the Project site concluded that the Project site does not contain waters subject to the
jurisdictions of the Corps, Regional Board, or California Department of Fish and Wildlife (CDFW). As such,
the Project would not require a United States Army Corps of Engineers (Corps, or USACE) Clean Water Act
(CWA) Section 404 Permit, a Regional Board CWA Section 401 Water Quality Certification or California
Water Code (CWC) Section 13260 Waste Discharge Order, or a CDFW Section 1602 Streambed Alteration
Agreement. Therefore, no impacts to jurisdictional waters would occur.
Supportive Evidence: Please refer to DEIR page 4.2-30.
Impact 4.2.4: Would the Project interfere substantially with the movement of any native resident or
migratory fish or wildlife species or with established native resident or migratory
wildlife corridors, or impede the use of native wildlife nursery sites?
Basis for Conclusion: The Project site is not located within a known migratory wildlife corridor nor does it
serve as a wildlife nursery site. The site does not have any water resources that support fish species and
the site would not be used as a migration corridor due to the presence of surrounding existing
development/redevelopment. The Project site is predominately surrounded by areas that are disturbed,
graded and roads that have been paved including Southern California Edison (SCE) utility properties and
easement. Specifically, the Project site is adjacent to an approximate 425-foot utility easement to the
west. To the north, west, and east boundary, the easement connects to substantially fragmented and
previously disturbed/developed areas. The Project site is enclosed by existing fencing and is bounded by
the BNSF railway to the north, Napa Street to the south, the fenced East Etiwanda Creek to the west, and
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the fenced San Sevaine Channel to the east. The fencing that encloses the site limits any wildlife
movement. The Project proposes new walls around the property, which would continue to limit any access
to the site for wildlife movement. Further, the site is highly disturbed, lacks natural habitat or topography,
and is predominantly surrounded by development. Therefore, no impacts to migratory wildlife or
corridors would occur.
Supportive Evidence: Please refer to DEIR page 4.2-30.
Impact 4.2.5: Would the Project conflict with any local policies or ordinances protecting biological
resources, such as a tree preservation policy or ordinance?
Basis for Conclusion: The Project and Alternative Project would not conflict with any local policies or
ordinances protecting biological resources. The City’s Development Code Section 17.80 protects trees
from indiscriminate cutting or removal, with emphasis on the protection and expansion of eucalyptus
windrows. The Biological Technical Report prepared for the Project did not identify any trees on the
Project site, thus no trees would be removed during construction and the Project would be consistent
with the City’s Municipal Code as it pertains to tree preservation. Because the site has been disturbed and
there are no identified biological resources that are subject to such regulation, no impact would occur.
Supportive Evidence: Please refer to DEIR pages 4.2-31.
Impact 4.2.6: Would the Project conflict with the provisions of an adopted habitat conservation
plan, natural community conservation plan, or other approved local, regional, or state
habitat conservation plan?
Basis for Conclusion: The Project site is not identified as a Conservation or Open Space Area in the City’s
Open Space and Conservation Plan, as shown on Figure RC-1 of the City’s General Plan. Furthermore, the
City does not have any areas that are covered by an adopted Habitat Conservation Plan (HCP), Natural
Community Conservation Planning Act (NCCP), or other approved State Habitat Conservation Plan. As a
result, the Project would not conflict with an adopted HCP NCCP, or other approved local, regional, or
state habitat conservation plan. Therefore, impacts would be less than significant.
Supportive Evidence: Please refer to DEIR page 4.2.31.
Geology and Soils
Impact 4.5-4: Would the proposed Project be located on expansive soil, as defined in Table 18-1-B of
the Uniform Building Code (1994), creating substantial direct or indirect risks to life or
property?
Basis for Conclusion: Per Section 1803.2 Expansive Soil of the 1994 Uniform Building Code, “When the
expansive characteristics of a soil are to be determined, the procedures shall be in accordance with
U.B.C. Standard 18-2 and the soil shall be classified according to Table 18-1-B. The near-surface soils found
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by SoCalGeo generally consist of sands and silty sands with no appreciable clay content and soils were
visually classified as non-expansive. Therefore, no impact related to expansive soils would occur.
Supportive Evidence: Please refer to DEIR page 4.5.19.
Impact 4.5-5: Would the proposed Project have soils incapable of adequately supporting the use of
septic tanks or alternative wastewater disposal systems where sewers are not
available for the disposal of wastewater?
Basis for Conclusion: No septic tanks or other alternative wastewater disposal systems are planned for
the Project, this as the Project would be connected to the Cucamonga Valley Water District’s existing
sewer system. Groundwater and wastewater systems are further discussed in Section 4.18 Utilities and
Service, of this EIR.
Supportive Evidence: Please refer to DEIR page 4.5.20.
Hazards and Hazardous Materials
Impact 4.7-3: Would the project emit hazardous emissions or handle hazardous or acutely hazardous
materials, substances, or waste within one-quarter mile of an existing or proposed
school?
Basis for Conclusion: The nearest school site, Redwood Elementary School is located approximately 1 mile
to the northeast of the Project site. Construction of the Project would involve the transport, use, and
disposal of hazardous materials on-site and off-site, which include fuels, paints, mechanical fluids, and
solvents, but would not be present in such a quantity or used in such a manner that would pose a
significant hazard to nearby schools. The routine transport, use, and disposal of hazardous materials must
adhere to federal, state, and local regulations for transport, handling, storage, and disposal of hazardous
substances. Compliance with the regulatory framework would ensure Project construction would not
create a significant hazard to nearby schools.
The Project does not propose any industrial uses which could generate hazardous emissions or involve
the handling of hazardous materials, substances, or waste in significant quantities that would have an
impact to surrounding schools. The types of hazardous materials that would be routinely handled would
be limited to cleaners, paints, solvents, and fertilizers and pesticides for site landscaping, but would not
be present in such a quantity or used in such a manner that would pose a significant hazard to nearby
schools.
Supportive Evidence: Please refer to DEIR page 4.7-21.
Impact 4.7-5: For a project located within an airport land use plan or, where such a plan has not
been adopted, within two miles of a public airport or public use airport, would the
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project result in a safety hazard or excessive noise for people residing or working in
the project area?
Basis for Conclusion: The LA/Ontario International Airport is located approximately 4 miles
southwest of the Project site. The Project site is not within the AIA, Safety Zones, Noise Impact
Zones, Airspace Protection Zones or the Overflight Notification Zones (Maps 2-2 through 2-5 of
the ONT ALUCP). Thus, the Project would not result in a safety hazard impact to people
residing or working in the Project area, and no impact would occur.
Supportive Evidence: Please refer to DEIR page 4.7-22 through 4.7-23.
Impact 4.7-7: Would the project expose people or structures, either directly or indirectly, to a
significant risk of loss, injury or death involving wildland fires?
Basis for Conclusion: According to CAL FIRE’s Fire and Resource Assessment Program, FHSZ Viewer, the
Project site is not located in or near a State Responsibility Area (SRA); the nearest SRA to the development
site is located approximately 4 miles to north. The Project site is located in a Local Responsibility Area. In
addition, the Project site does not contain lands classified as a very high fire hazard severity zone
(VHFHSZ). The closest VHFHSZs are located approximately four miles to the north and south of the Project
site. Review of Exhibit 4.8-2: Fire Hazard Severity Zones of the City’s 2010 General Plan EIR further
supports the finding that the Project site is not located in or near an SRA and the Project site is not within
a VHFHSZ. No impact would occur in this regard.
Supportive Evidence: Please refer to DEIR page 4.7-23 through 4.7-24.
Land Use and Planning
Impact 4.9-1: Would the project physically divide an established community?
Basis for Conclusion: The Project or Alternate Project does not include construction of structures or other
improvements that would be located between existing neighborhoods. The Project site is located on an
undeveloped lot in the southeast portion of the City in an industrial development area. The site is
surrounded by existing development but would not physically divide an established community.
Additionally, the site is not located near an established community and does not propose a significant
alteration of roadways that would disrupt residential uses to the north. The Project does not require or
propose improvements to a highway or above ground infrastructure that would preclude or impede
movement through the Project site or that which would cause permanent disruption to the existing
physical arrangement of the surrounding community. While new development and improvements would
occur, implementation of the Project would not physically divide an established community. Therefore,
no impact associated with physically dividing an established community would occur.
Supportive Evidence: Please refer to DEIR page 4.9-7 through 4.9-8.
Mineral Resources
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Impact 7.4-2: Would the Project result in the loss of availability of a locally-important mineral
resource recovery site delineated on a local general plan, specific plan or other land
use plan?
Basis for Conclusion: Exhibit 4.11-1, Mineral Land Classification, of the City’s General Plan EIR and the
Mineral Land Classification of a Part of Southwestern San Bernardino County: The San Bernardino Valley
Area, California (West) map7 shows that the proposed Project site is located within Mineral Zone 3 (MRZ-
3), which means that aggregate resources are present, but their significance cannot be evaluated with
present data. Also, according to the City’s General Plan EIR Exhibit 4.11-2, the Project site is not located
in a regionally significant aggregate resource area.
The Project site is within approximately 1.5 miles of one mine site: the Kaiser Fontana Mine. The mine
was an open-pit sand and gravel mine, which has since been reclaimed.8 Review of historic aerial imagery
dating back to 1938 indicates mining activities on the Project site have not occurred in recent history.9
Past land use appears to be for agricultural purposes. The Project site is currently undeveloped and does
not involve the use or operation of extracting mineral resources. Further, the Project and the Alternate
Project would not involve the production or depletion of locally significant mineral resources. Therefore,
no impacts associated with the loss of availability of a known mineral resource would occur.
Supportive Evidence: Please refer to DEIR page 7-8.
Noise
Impact 4.10-3: For a Project located within the vicinity of a private airstrip or an airport land use plan
or, where such a plan has not been adopted, within two miles of a public airport or
public use airport, would the project expose people residing or working in the project
area to excessive noise levels?
Basis for Conclusion: The closest airport is the Ontario International Airport and the southern border of
the City is about one mile away from the airport’s 65 dBA CNEL noise contour.10 The Project site is not
within 2.0 miles of a public airport or within an airport land use plan. Additionally, there are no private
airstrips located within the Project vicinity. Therefore, no impacts related to exposing people residing or
working in the Project area to excessive airport- or airstrip-related noise levels would occur.
Supportive Evidence: Please refer to DEIR pages 4.10-26.
Population and Housing
7 California Department of Conservation. 1995. Mineral Land Classification of a Part of Southwestern San Bernardino County: The
San Bernardino Valley Area, California (West). Available at ftp://ftp.consrv.ca.gov/pub/dmg/pubs/ofr/OFR_94-08/OFR_94-
08_West.pdf (accessed May 2020).
8 DOC. 2016. Mines Online. https://maps.conservation.ca.gov/mol/index.html (accessed May 2020).
9 Historic Aerials. 2020. https://www.historicaerials.com/viewer (accessed January 2020).
10 City of Rancho Cucamonga, General Plan Update, May 2020.
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Impact 7.5-2: Would the Project displace substantial numbers of existing people or housing,
necessitating the construction of replacement housing elsewhere?
Basis for Conclusion: The Project site is vacant. Neither of the Project nor the Alternate Project would
require the demolition of residential properties that would displace substantial numbers of existing
people or housing, necessitating the construction of replacement housing elsewhere. Therefore, no
impacts associated with the displacement of substantial numbers of people or housing would occur.
Supportive Evidence: Please refer to DEIR page 7-9.
Public Services and Recreation
Impact 7.6-2: Would the proposed Project increase the use of existing neighborhood and regional
parks or other recreational facilities such that substantial physical deterioration of the
facility would occur or be accelerated?
Basis for Conclusion: Patricia Murray Park, located at 8040 Jamestown Circle in Fontana, is the closest
park to the Project site. The park is located 3 roadway miles north of the Project site. However, the Project
is warehouse buildings, or an E-Commerce building, with office space and does not propose any residential
development or other land use that may generate a population that would increase the use of this park
or any existing neighborhood or regional parks or other recreational facility. Implementation of the
Project would not result in the increased use or substantial physical deterioration of an existing
neighborhood or regional park. Therefore, no impact would occur.
Supportive Evidence: Please refer to DEIR page 7-13.
Impact 7.6-3: Would the proposed Project include recreational facilities or require the construction
or expansion of recreational facilities which might have an adverse physical effect on
the environment?
Basis for Conclusion: The Project and Alternate Project propose the construction of a warehouse facility,
or an E-Commerce building, with office space and associated infrastructure improvements. Neither the
Project nor Alternate Project proposes, nor require, the construction or expansion of recreational
facilities. The Project does not include the subdivision of land for residential use and therefore is not
required to dedicate land or pay fees in lieu thereof, or combination of both, for park or recreational
purposes. See Chapter 3.68: Park In-Lieu/Park Impact Fees of the Rancho Cucamonga Municipal Code for
detailed information. Implementation of the Project would not have an adverse physical effect on the
environment as it pertains to construction/expansion of recreational facilities. Therefore, no impacts
would occur.
Supportive Evidence: Please refer to DEIR page 7-14.
Wildfire
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Impact 7.7-1: Would the Project substantially impair an adopted emergency response plan or
emergency evacuation plan?
Basis for Conclusion: According to CAL FIRE’s Fire and Resource Assessment Program, Fire Hazard Severity
Zone (FHSZ) Viewer, the Project site is not located in or near a State Responsibility Area (SRA); the nearest
SRA to the development site is located approximately 4 miles to north. The Project site is located in a Local
Responsibility Area. In addition, the Project site does not contain lands classified as a very high fire hazard
severity zone (VHFHSZ).11 The closest VHFHSZs are located approximately four miles to the north and
south of the Project site. Review of Exhibit 4.8-2: Fire Hazard Severity Zones of the City’s 2010 General
Plan EIR further supports the finding that the Project site is not located in or near an SRA and the Project
site is not within a VHFHSZ.12 Therefore, no impact associated with the substantial impairment of an
adopted emergency response plan would occur.
Supportive Evidence: Please refer to DEIR pages 7-14.
Impact 7.7-2: Would the Project, due to slope, prevailing winds, and other factors, exacerbate
wildfire risks, and thereby expose project occupants to, pollutant concentrations from
a wildfire or the uncontrolled spread of a wildfire?
Basis for Conclusion: Refer to Impact 7.7-1 above. The Project site is not located in or near an SRA and
the Project site does not contain lands classified as VHFHSZs. Neither the Project nor the Alternate Project
would exacerbate wildfire risks or expose Project occupants to pollutant concentrations or the
uncontrolled spread of a wildfire. Therefore, no impact would occur.
Supportive Evidence: Please refer to DEIR pages 7-14 through 7-15.
Impact 7.7-3: Would the Project require the installation or maintenance of associated infrastructure
(such as roads, fuel breaks, emergency water sources, power lines or other utilities)
that may exacerbate fire risk or that may result in temporary or ongoing impacts to
the environment?
Basis for Conclusion: Refer to Impact 7.7-1 above. The Project site is not located in or near an SRA and
does not contain lands classified as VHFHSZs. The Project and Alternate Project would include
construction of warehouse facilities, or an E-Commerce building, with parking and landscaping included.
Construction and operation of the Project or Alternate Project would not increase the risk of fire nor would
it require the installation/maintenance of infrastructure that would exacerbate fire risk. Therefore, no
impact would occur.
Supportive Evidence: Please refer to DEIR page 7-15.
11 CAL FIRE. 2020. CAL FIRE, Fire and Resource Assessment Program, FHSZ Viewer. Available at
https://egis.fire.ca.gov/FHSZ/ (accessed May 2020).
12 Rancho Cucamonga. 2010. Rancho Cucamonga 2010 General Plan Update Draft Program Environmental Impact Report.
Exhibit 4.8-2. Available at
https://www.dropbox.com/sh/micnzuy7wxmd8po/AABneqBoO_i2GiNyWkRX9OaRa?dl=0&preview=2010+General+Plan+EIR.pdf
(accessed May 2020).
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Impact 7.7-4: Would the Project expose people or structures to significant risks, including downslope
or downstream flooding or landslides, as a result of runoff, post-fire slope instability,
or drainage changes?
Basis for Conclusion: Refer to Impact 7.7-1 above. Neither the Project site nor Alternate Project are
located in or near an SRA and do not contain lands classified as VHFHSZs. Because the site is located within
a heavily urbanized area, it would not expose people or structures to significant risks as a result of runoff,
post-fire slope instability, or drainage changes. Therefore, no impact would occur.
Supportive Evidence: Please refer to DEIR page 7-15.
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Section 4: Environmental Impacts Found to be Less Than Significant
(No Mitigation Required)
For the following significance thresholds, the City finds that, based upon substantial evidence in the
record, the proposed Project would have a less than significant impact; therefore, no mitigation is
required, and no significant, unavoidable adverse impacts would occur.
Aesthetics
Impact 7.2-1: Would the Project have a substantial adverse effect on a scenic vista?
Basis of Conclusion: Scenic resources identified in the City’s 2010 General Plan include the San Gabriel
and San Bernardino Mountains and foothills, vistas of the City from hillside areas, and other views of
special vegetation and permanent open space features. The City recognizes other scenic resources,
including remaining stands of eucalyptus windrows, scattered vineyards and orchards, and natural
vegetation in flood-control channels and utility corridors13; however, none of these resources occur on
the Project site.
Prominent natural features visible from the Project site, include the San Gabriel (approx. 5 miles north),
San Bernardino (approx. 13 miles northeast), and Jurupa (approx. 4 miles south) mountains. Views of
these mountain ranges are available from the Project site and adjacent streets and properties. The Project
site is located in a highly developed area with buildings and structures of varying heights.
The Project would involve the development of two warehouse buildings. The proposed Building A height
is anticipated to be up to 56 feet and Building B height anticipated to be up to 48 feet. Under the Alternate
Project, only one warehouse building would be developed with a maximum height not to exceed 58’-6”.
Buildings on the site would not exceed the maximum allowed 75-foot height limit in the HI Zoning District.
Based on the proposed building heights, and the distance between the Project and surrounding mountain
ranges (approx. 4 to 13 miles), views of these scenic features would remain unobstructed.
Supportive Evidence: Please refer to DEIR pages 7-1 through 7-2.
Impact 7.2-3: Would the Project, in non-urbanized area, substantially degrade the existing visual
character or quality of public views of the site and its surroundings? (Public views are
those that are experienced from publicly accessible vantage point). If the project is in
an urbanized area, would the project conflict with applicable zoning and other
regulations governing scenic quality?
Basis of Conclusion: The Project site is located in an urbanized area and the Project site is largely
undeveloped, minus a railroad that traverses the proposed Project site. The majority of the site has been
13 Rancho Cucamonga. 2010. Rancho Cucamonga General Plan. Available at
https://www.dropbox.com/sh/micnzuy7wxmd8po/AABneqBoO_i2GiNyWkRX9OaRa?dl=0&preview=GP+Chapters+1+-+9+Updated+09-
2019.pdf (accessed May 2020).
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leveled and graded and is covered over in dirt and sparse ruderal vegetation. The proposed Project site is
located within the City’s HI Zoning District, and the County’s General Industrial (GI) District. Project design
would meet the City’s development standards/requirements for the HI Land Use Zoning Districts as
required by the Rancho Cucamonga Development Code. Project development would be consistent with
the general design principles outlined in the Community Design section of the General Plan. The Project
and Alternate Project design and development would be consistent with City standards for HI zoning and
would not conflict with the principles, goals and policies of the General Plan. Therefore, impacts on visual
character would be less than significant under the Project and Alternate Project.
Supportive Evidence: Please refer to DEIR pages 7-3 through 7-4.
Impact 7.2-4: Would the Project create a new source of substantial light or glare which would
adversely affect day or nighttime views in the area?
Basis of Conclusion: Existing sources of light and glare in the immediate Project area include streetlights
along Napa Street, and outdoor safety and security lighting associated with adjacent developments. The
predominant source of light impacts from either the Project or Alternate Project would be related to the
exterior lighting, building lighting, and vehicle headlights. To minimize effects from lighting and glare,
Project lighting would be directed inward and downward and/or shielded to minimize the light from
adversely affecting adjacent properties. Concrete tilt-up screen walls (8 feet in height) and
landscaping/trees would also serve to block and filter mobile light sources, such as from passenger
vehicles and trucks, from adversely affecting adjacent properties. The exterior façade would consist of
non-reflective materials, such as concrete. In addition, the windows would be comprised of blue reflective
glazing, which reduces glare over other transparent surfaces. Through these design features and
adherence with the Development Code, impacts associated with new source of substantial light or glare
would be less than significant for the Project and Alternate Project.
Supportive Evidence: Please refer to DEIR pages 7-4 through 7-5.
Air Quality
Impact 4.1-3: Would the Project expose sensitive receptors to substantial pollutant concentrations?
Basis for Conclusion: The Local Significance Threshold (LST) guidance provides thresholds for projects
disturbing 1-, 2-, and 5-acres in size and the thresholds increase with size of the site. The nearest receptor
is approximately 223 meters away. Therefore, the Project was analyzed using a conservative LST threshold
for evaluation. The Project used a 3.5-acre threshold (the amount of disturbance proposed by the Project)
were interpolated and utilized for the analysis. It was determined that construction related emissions of
CO, NOx, PM10, and PM2.5. would not result in significant concentrations of pollutants at nearby sensitive
receptors. Therefore, significant impacts related to LSTs would not occur during construction. The
maximum daily operational emissions of CO, NOx, PM10, and PM2.5. would not result in significant
concentrations of pollutants at nearby sensitive receptors. The same is true for the Alternate Project and
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100 Percent E-Commerce Worst-Case Scenario. Therefore, overall impacts would remain less than
significant.
Supportive Evidence: Please refer to DEIR page 4.1-23 through 4.1-33.
Biological Resources
Impact 4.2.2: Would the Project have a substantial adverse effect on any riparian habitat or other
sensitive natural community identified in local or regional plans, policies, and
regulations or by the California Department of Fish and Wildlife or US Fish and Wildlife
Service?
Basis for Conclusion: The Project site does not support natural vegetation communities. The Project site
is approximately 50-percent vegetated with mostly non-native herbaceous ruderal species. The Project
site would impact 2.01 acres of developed lands of which 1.70 acres occur on-site and 0.30 acre is
associated with the offsite improvement areas. The Project would impact 33.69 acres of disturbed lands
that contain imported compacted material including gravel and road base. The Project would not impact
riparian habitat or other sensitive natural communities identified in local or regional plans, policies, and
regulations. Therefore, impacts on non-native vegetation communities or habitats would be less than
significant.
Supportive Evidence: Please refer to DEIR page 4.2-29.
Cultural Resources
Impact 4.3-1: Would the Project cause a substantial adverse change in the significance
of a historical resource pursuant to §15064.5?
Basis for Conclusion: Construction of the Project and Alternate Project would not cause a substantial
adverse change in the significant of a historical or archaeological resource pursuant to Section 15064.5.
11 cultural resources deemed historical have been previously documented within one mile of the Project
area. All of these resources date to the historic period and include three archaeological sites and eight
built-environment (buildings and structures) resources. No prehistoric archaeological resources were
identified within the record search area. The Project area lies within the mapped boundary of one of these
resources, the Kaiser Steel Mill (CASBR-4131H). Previous cultural resources studies completed within the
vicinity of the Project area found that by 2008, all of the major components of the mill had been
demolished and the resource no longer existed. In addition, no evidence of the resource was identified
during the May 5, 2020 pedestrian survey and archival information suggests this portion of the steel mill
property was primarily used for agricultural purposes. Following completion of construction of the Project
and disturbances of the site, the Project would include use for industrial warehousing. These land use
operations would not impact any known or unknown historical resources. Because no historic resources
were identified within in the Project site, implementation of the proposed Project would not be expected
to cause a substantial adverse change to an historic resource.
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Supportive Evidence: Please refer to DEIR pages 4.3-12 through 4.3-13.
Impact 4.3-3: Would the Project disturb any human remains, including those interred outside of
formal cemeteries?
Basis for Conclusion: The Project site is located in an area mainly developed with industrial uses and is
not located near a formal cemetery. The Project site was previously used primarily for agricultural uses
and was more recently used as overflow parking associated with the adjacent Auto Club Speedway for
races and other events. In 2005, a railroad spur was constructed that extended south of the Atchison,
Topeka and Santa Fe (AT&SF) Railway line, through the Project site. Regardless of the possible absence of
historical or archeological resources on-site, if human remains are discovered, those remains would
require proper treatment in accordance with applicable laws, including HSC Sections 7050.5-7055 and
PRC Section 5097.98 and Section 5097.99. It is unlikely that any human remains would be encountered
given that the Project site is already disturbed. However, previously undiscovered human remains could
be encountered during construction activities. If human remains are found during excavation, excavation
would be halted in the vicinity of the find and any area that is reasonably suspected to overlay adjacent
remains shall remain undisturbed until the County Coroner has investigated, and appropriate
recommendations have been made for the treatment and disposition of the remains. Following
compliance with the established regulatory framework (i.e., HSC Sections 7050.5-7055 and
PRC Sections 5097.98 and 5097.99), the Project’s impacts concerning potential to disturb human remains,
would be reduced to a less than significant.
Supportive Evidence: Please refer to DEIR pages 4.3-14 through 4.3-15.
Energy
Impact 4.4-1: Would the Project result in potentially significant environmental impact due to
wasteful, inefficient, or unnecessary consumption of energy resources, during Project
construction or operation?
Basis for Conclusion: The Project would entail construction activities that would use energy, primarily in
the form of diesel fuel (e.g., mobile construction equipment) and electricity (e.g., power tools).
Contractors would be required to monitor air quality emissions of construction activities using applicable
regulatory guidance such as from SCAQMD CEQA Guidelines. This requirement indirectly relates to
construction energy conservation because when air pollutant emissions are reduced from the monitoring
and the efficient use of equipment and materials, energy use is reduced. There are no aspects of the
Project that would foreseeably result in the inefficient, wasteful, or unnecessary use of energy during
construction activities. The same is true for Alternative Project and the 100 Percent E-Commerce
Worst-Case Scenario. Furthermore, due to increasing transportation costs and fuel prices, Contractors
and Owners have a strong financial incentive to avoid wasteful, inefficient, and unnecessary use of energy
during construction.
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None of the Project energy uses exceed one percent of their corresponding County use. Project operations
would not substantially affect existing energy or fuel supplies or resources. The Project would comply with
applicable energy standards and new capacity would not be required. Impacts would be less than
significant in this regard.
Supportive Evidence: Please refer to DEIR pages 4.4-9 through 4.4-22.
Impact 4.4-2: Would the Project conflict with or obstruct a State or Local plan for renewable energy
or energy efficiency?
Basis for Conclusion: Project design and operation will comply with State Building Energy Efficiency
Standards, appliance efficiency regulations, and green building standards. As discussed above in
Impact 4.4-1, Project development will not cause inefficient, wasteful, and unnecessary energy use, and
impacts will be less than significant.
Supportive Evidence: Please refer to DEIR pages 4.4-22 through 4.4-23.
Geology and Soils
Impact 4.5-1: Would the project expose people or structures to potential substantial adverse effects,
including the risk of loss, injury, or death involving:
i. Rupture of a known earthquake fault, as delineated on the most recent
Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the
area or based on other substantial evidence of a known fault (Refer to Division of
Mines and Geology Special Publication 42)?
Basis for Conclusion: According to the latest U.S Quaternary Faults data, the nearest quaternary
earthquake fault to the proposed Project site is an unnamed fault near the City of Fontana. The unnamed
fault is classified as a late quaternary fault, but not considered an Alquist-Priolo Fault. Furthermore, the
Geotechnical Investigation Report conducted by SoCalGeo did not identify the Project site within an
Alquist-Priolo fault zone. In addition, each proposed building would be designed using the latest California
Building Codes to minimize impacts from seismic activity and other regulatory standards such as the
Federal Emergency Management Agency (FEMA). FEMA provides standards for buildings to resist the
effects of earthquake motions.
Supportive Evidence: Please refer to DEIR pages 4.5-14 through 4.5-15.
Impact 4.5-1: Would the project expose people or structures to potential substantial adverse effects,
including the risk of loss, injury, or death involving:
ii. Seismic-related ground failure, including liquefaction?
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Basis for Conclusion: The California Geological Survey (CGS) has not yet conducted detailed seismic
hazards mapping in the area of the Project site according to the County’s Land Use Plan, General Plan, and
Geologic Hazard Overlays Map. The County’s Map FH28 indicates that the subject site is not located within
an area of liquefaction susceptibility. Furthermore, on-site subsurface conditions encountered by
SoCalGeo geologists at the boring and trench locations indicates that liquefaction would not be considered
a design concern for the Project. Therefore, impacts regarding ground failure, including liquefaction would
be less than significant.
Supportive Evidence: Please refer to DEIR pages 4.5-16.
Impact 4.5-1: Would the project expose people or structures to potential substantial adverse effects,
including the risk of loss, injury, or death involving:
iv. Landslides?
Basis for Conclusion: The Project site is not located within or near extreme elevation differences that
would potentially result in landslide effects. According to the San Bernardino County Geologic Hazard
map, the Project site is not regionally located within a zone of generalized landslide susceptibility and is
also outside of the hazard zone for rockfall/debris-flow14. Therefore, impacts resulting from landslides
would be less than significant.
Supportive Evidence: Please refer to DEIR page 4.5-16.
Greenhouse Gas Emissions
Impact 4.6-2: Would the Project conflict with an applicable plan, policy, or regulation of an agency
adopted for the purpose of reducing GHG emissions?
Basis for Conclusion: As shown in Table 4.6-6 of the DEIR, the Project would be consistent with the stated
goals of the Southern California Association of Governments (SCAG) Regional Transportation
Plan/Sustainable Communities Strategy (RTP/SCS). As shown in Table 4.6-7 of the DEIR, the Project is
consistent with most of the strategies of the CARB Scoping Plan, while others are not applicable to the
Project. Regarding goals for 2050 under Executive Order S-3-05, at this time it is not possible to quantify
the emissions savings from future regulatory measures, as they have not yet been developed;
nevertheless, it can be anticipated that operation of the Project would benefit from the implementation
of current and potential future regulations (e.g., improvements in vehicle emissions, S.B. 100/renewable
electricity portfolio improvements, etc.) enacted to meet an 80 percent reduction below 1990 levels by
2050. The Project would not conflict with any applicable plan, policy, or regulation of an agency adopted
for reducing the emissions of GHGs because the Project would generate low levels of GHGs, and would
14 County of San Bernardino. (2010). San Bernardino County Land Use Plan General Plan Geologic Hazard Overlays. San
Bernardino, CA: County of San Bernardino
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not impede implementation of the Scoping Plan, or conflict with the policies of the Scoping Plan or any
other GHG reduction plan.
Supportive Evidence: Please refer to DEIR page 4.5-21 through 4.6-28.
Hazards and Hazardous Materials
Impact 4.7-4: Would the project be located on a site which is included on a list of hazardous
materials sites compiled pursuant to Government Code Section 65962.5 and, as a
result, would it create a significant hazard to the public or the environment?
Environmental Analysis: The Project site is not included on the hazardous sites list compiled pursuant to
California Government Code Section 65962.5.15 The Phase I Environmental Site Assessment (ESA)
indicated there was one Recognized Environmental Condition (REC) (as defined by American Society for
Testing and Materials (ASTM) Practice E 1527-13) identified in association with the Project site that
required additional investigation. Therefore, a Phase II Investigation was conducted, which concluded
pollutant concentrations found in soil associated with the REC was below applicable screening levels.
Therefore, no significant adverse impacts relative to hazardous materials sites would result with Project
implementation.
Supportive Evidence: Please refer to DEIR page 4.7-22.
Impact 4.7-6: Would the project impair implementation of or physically interfere with an adopted
emergency response plan or emergency evacuation plan?
Environmental Analysis: No revisions to the adopted ReadyRC disaster preparedness manual would be
required as a result of the proposed Project. Further, as identified in the LHMP, the City maintains an
Emergency Operations Plan which is updated by the City’s Emergency Management Program. The
proposed Project would not modify or impede existing emergency routes. Primary access to all major
roads would be maintained during construction and operation of the proposed Project. By complying with
the General Plan and participating in the City’s Impact Fee Program, implementation of the Project would
result in a less than significant impact with respect to interference with an adopted emergency response
plan or emergency evacuation plan.
Supportive Evidence: Please refer to DEIR page 4.7-23.
15 California, State of, Department of Toxic Substances Control, DTSC's Hazardous Waste and Substances Site List - Site Cleanup
(Cortese List). Available at: https://dtsc.ca.gov/dtscs-cortese-list/. Accessed: August 17, 2020.
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Hydrology and Water Quality
Impact 4.8-1: Would the proposed project violate any water quality standards or waste
discharge requirements or otherwise substantially degrade surface or
groundwater quality?
Basis for Conclusion: The Project and Alternate Project construction-related activities would include
excavation, grading, and trenching, which would displace soils and temporarily increase the potential for
soils to be subject to wind and water erosion. Construction-related erosion effects would be addressed
through compliance with the NPDES program’s Construction General Permit. Construction activity subject
to the Construction General Permit includes any construction or demolition activity, including, but not
limited to, clearing, grading, grubbing, or excavation, or any other activity that results in a land disturbance
of equal to or greater than 1.0 acre. The Project would disturb approximately 35 acres and would be
subject to the Construction General Permit. The Project will comply with NPDES and RCMC requirements,
which include implementation of BMPs as a Condition of Approval, and therefore, the Project’s
construction-related activities would not violate any water quality standards or otherwise substantially
degrade surface or groundwater quality. Stormwater pollutants that would be produced during Project
operation include pathogens, nutrients, noxious aquatic plants, sediment, metals, oil and grease,
trash/debris, pesticides/herbicides, and organic compounds (Albert A. Webb Associates 2020). The
Project Applicant would be required to prepare and implement a WQMP (Project’s Preliminary WQMP,
prepared by Albert A. Webb Associates, is included as Appendix F to the DEIR), which is a Project
site-specific post-construction water quality management program designed to minimize the release of
potential waterborne pollutants, including pollutants of concern for downstream receiving waters. In
addition to mandatory implementation of a WQMP, the NDPES program also requires industrial land uses
to prepare a SWPPP for operational activities and to implement a long-term water quality sampling and
monitoring program, unless an exemption has been granted. Therefore, impacts related to groundwater
supplies and water quality standards during operations would be less than significant impact.
Supportive Evidence: Please refer to DEIR pages 4.8-9 through 4.8-10.
Impact 4.8-2: Would the proposed project substantially decrease groundwater supplies or interfere
substantially with groundwater recharge such that the project may impede
sustainable groundwater management of the basin?
Basis for Conclusion: The Project would be developed within the FWC service area. FWC receives
groundwater from multiple groundwater sources including the Chino Basin, the Lytle Basin, the
Rialto-Colton Basin, and the No Man’s Land Basin. The proposed Project’s total water demand of 47 acre
feet per year (AFY) would constitute approximately 0.47 percent of the FWC’s Chino Basin sourced
groundwater in the year 2020. The FWC’s water supply is projected to increase through 2040 with a
projected 18,093 sourced from the Chino Basin that year.16 The Project would comprise 0.26 percent of
the projected Chino Basin sourced groundwater in the year 2040. This means that as FWC’s water supply
increased through 2040, the proposed Project would continue to comprise a decreasing percentage of
16 Ibid.
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that sourced groundwater. Therefore, impacts related to groundwater supplies would be less than
significant impact.
Supportive Evidence: Please refer to DEIR pages 4.8-10 through 4.8-11.
Impact 4.8-3: Would the proposed project substantially alter the existing drainage pattern of the
site or area, including through the alteration of the course of a stream or river or
through the addition of impervious surfaces, in a manner which would:
i. Result in substantial erosion or siltation on- or off-site?
Basis for Conclusion: The Project and Alternate Project would include development of new warehousing
buildings and hardscapes that would increase the amount of impermeable surface covering on the Project
site compared to existing conditions. These proposed improvements may cause changes in absorption
rates, drainage patterns, and the rate and amount of surface water runoff. Per the Project’s Drainage
Study, located in EIR Appendix F, on-site flows generated by the Project or Alternate Project, would surface
flow through the site utilizing ribbon gutters, curb and gutters, and grate inlets. The Project would utilize
subsurface storm drain systems that convey flows into the proposed underground corrugated metal pipe
(CMP) detention systems. Higher flows would bypass the underground system and drain into the existing
36-inch storm drain line in Napa Street that discharges into San Sevaine Channel. Any runoff that exceeds
the system's capacity would be directed to an existing underground system and begin to discharge into a
proposed 24-inch line that would connect the existing East Etiwanda Creek reinforced concrete box (RCB)
culvert in Napa Street. Further, the Project site is located mostly on land that is designated as having a
minimal flood hazard. The NPDES, SWPPP, and WQMP created for the Project would minimize potential
impacts from erosion and siltation. Further, an erosion control plan would also be implemented to further
minimize potential siltation and erosion effects. Therefore, impacts related to erosion or siltation would
be less than significant impact.
Supportive Evidence: Please refer to DEIR pages 4.8-11 through 4.8-12.
Impact 4.8-3: Would the proposed project substantially alter the existing drainage pattern of the
site or area, including through the alteration of the course of a stream or river or
through the addition of impervious surfaces, in a manner which would:
ii. Substantially increase the rate or amount of surface runoff in a manner
which would result in flooding on- or off-site?
Basis for Conclusion: The Project or Alternate Project would include development of one and two
building(s), respectively, and hardscapes that would increase the amount of impermeable surface
covering on the Project site compared to existing conditions. These proposed improvements may cause
changes in absorption rates, drainage patterns, and the rate and amount of surface water runoff. The
Project site is also bounded along the eastern border by the San Sevaine Flood Control Channel, and along
the western border by the Etiwanda Creek Channel. Despite the nearby flood control infrastructure, the
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Project site is not located in a documented flood plain or floodway, nor is the Project within any special
flood hazard areas.17
Further, the Project site contains a natural gradient slope downward to the south at a gradient of
2 percent, excluding the northwest plateau, northeast berm, and the southeast corner of the site. The
southeast corner slopes gently to north at a gradient of 2.5 percent.18 As stated in Section 4.8.1,
floodwaters would likely flow into and along the main channel of the East Etiwanda Creek. According to
FEMA’s categorization, the Project site is not located within a documented flood plain or floodway or any
special flood hazard areas. Therefore, impacts related to increasing rates of runoff would be less than
significant impact.
Supportive Evidence: Please refer to DEIR pages 4.8-13.
Impact 4.8-3: Would the proposed project substantially alter the existing drainage pattern of the
site or area, including through the alteration of the course of a stream or river or
through the addition of impervious surfaces, in a manner which would:
iii. Create or contribute runoff water which would exceed the capacity of
existing or planned stormwater drainage systems or provide substantial
additional sources of polluted runoff?
Basis for Conclusion: The existing Project site is comprised of largely vacant and undeveloped lands with
asphaltic concrete driveways in the western portion of the site. Existing ground cover includes sparse to
moderate native grass, weed growth, limited areas of debris and trash, limited areas of open-graded-
gravel driveways, and exposed soils. All projects would be required to obtain a General Construction
Permit. The General Construction Permit requires implementation of a SWPPP, which would include BMPs
designed to protect the quality of storm water runoff. Preparation, implementation, and participation
with both the NPDES General Permit and the General Construction Permit, including the SWPPP and
BMPs, would reduce the potential for storm water flows, and any potential contaminants contained
within those flows, to be conveyed off-site during construction of the Project. Per the Project’s Drainage
Study, on-site flows generated by the Project would surface flow through the site utilizing ribbon gutters,
curb and gutters, and grate inlets. The Project would utilize subsurface storm drain systems that convey
flows into the proposed underground CMP detention systems. Higher flows would bypass the
underground system and drain into the existing 36-inch storm drain line in Napa Street that discharges
into San Sevaine Channel. In accordance with the NPDES, SWPPP, and WQMP required for the Project,
BMPs would be implemented on-site to prevent runoff of sediment and pollutants entering the City’s
existing stormwater system. Therefore, impacts related to runoff exceeding the capacity of existing or
planned stormwater drainage systems would be less than significant impact.
17 Federal Emergency Management Agency (2016). FEMA Flood Map Service Center: Search By Address. Retrieved from:
https://msc.fema.gov/portal/search?AddressQuery=napa%20street#searchresultsanchor (Accessed September 2020)
18 Southern California Geotechnical (2020). Geotechnical Investigation Proposed Commercial/Industrial Development North
Side of Napa Street, East of Etiwanda Avenue
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Supportive Evidence: Please refer to DEIR pages 4.8-14.
Impact 4.8-3: Would the proposed project substantially alter the existing drainage pattern of the
site or area, including through the alteration of the course of a stream or river or
through the addition of impervious surfaces, in a manner which would:
iv. Impede or redirect flood flow?
Basis for Conclusion: Refer to discussion in Impact 4.8-3(ii). While the Project site is bounded by the San
Sevaine Flood Control Channel and the Etiwanda Creek Channel, the site is not located in a documented
flood plain or floodway, nor is the site located within any special flood hazard areas.19 The Project site’s
natural gradient slope and FEMA’s designation of East Etiwanda Creek as a profile baseline led to the
anticipation that flood flows would occur along the main channel of the Etiwanda Creek Main Channel.
Therefore, impacts related to flood flows would be less than significant impact.
Supportive Evidence: Please refer to DEIR pages 4.8-15.
Impact 4.8-4: Would the proposed project in flood hazard, tsunami, or seiche zones, risk release of
pollutants due to project inundation?
Basis for Conclusion: FEMA does not categorize the Project site as being located within a documented
floodplain or floodway or any special flood hazard areas. The Project site is located in FEMA Zone X which
are areas determined to be outside of the 0.2% annual chance floodplain. Therefore, the Project site is
not located within a flood hazard zone. The Project site is approximately 55 miles east of the Pacific Ocean
and there are no nearby bodies of standing water. The nearest hydrological features to the Project site
include East Etiwanda Creek and San Sevaine Flood Control Channel. Tsunamis and seiches do not pose
hazards due to the Project site’s inland location and lack of nearby bodies of standing water. An analysis
of hazards associated with the development of the Project are fully analyzed and discussed in Section 4.7,
Hazards and Hazardous Materials which determined that no hazardous material would be released from
the site. Therefore, potential impacts associated with inundation by flood hazard, tsunami, or seiche
would be less than significant.
Supportive Evidence: Please refer to DEIR pages 4.8-15 through 4.8-16.
Impact 4.8-5: Would the proposed project conflict with or obstruct implementation of a water
quality control plan or sustainable groundwater management plan?
Basis for Conclusion: The Project’s Geotechnical Investigation found no evidence of groundwater at a
level that would be affected at the Project site.20 Further, the Project is not within a groundwater
19 Federal Emergency Management Agency (2016). FEMA Flood Map Service Center: Search By Address. Retrieved from:
https://msc.fema.gov/portal/search?AddressQuery=napa%20street#searchresultsanchor (Accessed September 2020)
20 Southern California Geotechnical (2020). Geotechnical Investigation Proposed Commercial/Industrial Development North
Side of Napa Street, East of Etiwanda Avenue
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replenishment zone such as a recharge basin or spreading ground21. Further, the Project does not
propose the modification of the existing East Etiwanda Creek Channel, or San Sevaine Flood Control
Channel.
The City’s Storm Water and Urban Runoff Management and Discharge Control Ordinance requires the
creation of a WQMP in order to identify BMPs to be used to minimize harmful stormwater pollutants and
discharge. The WQMP would be effective through the life of the Project and amended as necessary
throughout its duration. Like the WQMP, the SWPPP and NPDES permit would be subject to review
periodically through the duration of the Project to ensure compliance and maximum mitigation. The
Project would be required to comply with all other applicable Federal, State, and local regulations
regarding water quality and/or groundwater maintenance. With implementation of Mitigation Measures,
impacts related to potential obstruction or modification of water quality control plans or groundwater
management plans would be less than significant.
Supportive Evidence: Please refer to DEIR pages 4.8-16 through 4.8-17.
Land Use and Planning
Impact 4.9-2: Would the Project cause a significant environmental impact due to a conflict with any
plan, policy, or regulation adopted for the purpose of avoiding or mitigating an
environmental effect?
Basis for Conclusion: The Project would be consistent with the SCAG RTP/SCS, Rancho Cucamonga
(General Plan) GP, and the County of San Bernardino Local Agency Formation Commission. With approval
and implementation of the proposed General Plan Amendment (GPA), Pre-zone, and annexation, the
Project would not result in a change in, or conflict with a land use or zoning designation that would result
in potentially significant impacts. Therefore, impacts associated with any existing plan, policy, or
regulation would be less than significant.
Supportive Evidence: Please refer to DEIR pages 4.9-8 through 4.9-19.
Mineral Resources
Impact 7.4.1: Would the Project result in the loss of availability of a known mineral resource that
would be of value to the region and the residents of the state?
Basis for Conclusion: Gravel deposits in the alluvial fans of the San Bernardino County valley represent
the most significant and widely spread mineral resource in the region. Aggregates are essential ingredients
in construction materials such as concrete, plaster and mortar. The Project would involve the
development of two warehouse buildings and the Alternate Project would develop one building for
E-Commerce use. Construction of the proposed Project and Alternate Project would demand aggregate
21 City of Rancho Cucamonga. (2010). Rancho Cucamonga General Plan Figure RC-3: Water Resources. Page RC-19.
Rancho Cucamonga, CA: City of Rancho Cucamonga.
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resources as part of the construction phase. These resources are commercially available in the southern
California region without any constraint and no potential for adverse impacts to the natural resources
base supporting these materials is forecast to occur over the foreseeable future. The proposed Project’s
and Alternate Project’s demand for mineral resources would be minimal due to the abundance of
available local aggregate resources. Therefore, impacts associated with the loss of availability of known
mineral resources would be less than significant.
Supportive Evidence: Please refer to DEIR page 7-8.
Noise
Impact 4.10-1: Would the Project generate a substantial temporary or permanent increase in ambient
noise levels in the vicinity of the project in excess of standards established in the local
general plan or noise ordinance, or applicable standards of other agencies?
Basis for Conclusion: Construction activities for the Project and Alternate Project would include site
preparation, grading, building construction, paving, and architectural coating. Such activities would
require graders, scrapers, and tractors during site preparation; graders, dozers, and tractors during
grading; cranes, forklifts, generators, tractors, and welders during building construction; pavers, rollers,
mixers, tractors, and paving equipment during paving; and air compressors during architectural coating.
The nearest noise sensitive receptors come from the residential community 0.43 miles (2,244 feet) to the
north. All construction equipment was assumed to operate simultaneously at a construction area nearest
to sensitive receptors. Construction equipment would operate throughout the Project site and the
associated noise levels would not occur at a fixed location for extended periods of time. These sensitive
uses may be exposed to elevated noise levels during project construction. However, construction noise
would be acoustically dispersed throughout the project site and not concentrated in one area near
surrounding sensitive uses.
As determined by the Project’s Traffic Impact Analysis (TIA), Site Plan A would generate 966 daily trips,
which includes 596 passenger cars and 370 trucks. The resulting Project generated traffic would result in
a maximum increase of 0.9 dBA. As the noise level increase is below 3.0 dBA, impacts would be less than
significant. As determined by the Project’s TIA, the Project would generate 2,484 daily trips for the
E-Commerce Scenario which includes 2,161 passenger cars and 323 trucks. The resulting Project
generated traffic would result in a maximum increase of 1.9 dBA. As the noise level increase is below
3.0 dBA, impacts would be less than significant.
Supportive Evidence: Please refer to DEIR pages 4.10-17 through 4.10-24.
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Impact 4.10-2: Would the Project expose persons to or generate excessive ground borne vibration or
ground-borne noise levels?
Basis for Conclusion: Based on Federal Transit Administration (FTA) data, vibration velocities from typical
heavy construction equipment operations that would be used during Project construction range from
0.003 to 0.089 in/sec PPV at 25 feet from the source of activity. FTA architectural damage criterion
threshold is 0.2 in/sec. The nearest sensitive receptors are the residential uses approximately 2,244 feet
to the north of the Project site.
The nearest structure is a warehouse located approximately 93 feet to the north of the future construction
zone. vibration velocities from construction equipment would not exceed 0.016 in/sec PPV, which is below
the FTA’s 0.20 in/sec PPV threshold for building damage and below the 0.10 in/sec PPV annoyance
threshold. It is also acknowledged that construction activities would occur throughout the Project site and
would not be concentrated at the point closest to the nearest structure. Therefore, vibration impacts
associated with Project construction and operation would be less than significant.
Supportive Evidence: Please refer to DEIR pages 4.10-25 through 4.10-26.
Population and Housing
Impact 7.5-1: Would the Project induce substantial unplanned population growth in an
area, either directly (for example, by proposing new homes and
businesses) or indirectly (for example, through extension of roads or other
infrastructure)?
Basis for Conclusion: The Project would have a beneficial effect on the City’s employment base by
developing a site that is currently vacant with a new industrial/warehouse facility with ancillary office
space. Given that the current unemployment rate for the Riverside-San Bernardino-Ontario area is
approximately 4.0%,22 it is reasonably assured that the jobs would be filled by people living in the City,
unincorporated County area, and surrounding communities, such as Fontana, Rialto, Jurupa Valley, and
Ontario. Furthermore, the Project site is served by existing public roadways, and utility infrastructure is
already installed beneath the public rights of way that abut the Project site (Napa Street). As a result, the
Project would not be anticipated to induce substantial population growth in the project area. Therefore,
impacts associated with substantial, unplanned population growth would be less than significant.
Supportive Evidence: Please refer to DEIR page 7-9.
Public Services and Recreation
Impact 7.6-1: Would the Project result in substantial adverse physical impacts associated with the
provision of new or physically altered governmental facilities, need for new or
physically altered governmental facilities, the construction of which could cause
22 U.S. Bureau of Labor and Statistics. 2020. Economy at a Glance: Riverside-San Bernardino-Ontario, CA.
https://www.bls.gov/eag/eag.ca_riverside_msa.htm (accessed May 2020).
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significant environmental impacts, in order to maintain acceptable service ratios,
response times or other performance objectives for any of the public services including
those for fire prevention, police protection, schools, parks, and other public facilities?
Basis for Conclusion: The Project would not result in substantial adverse physical impacts associated with
the provision of new or physically altered governmental facilities, need for new or physically altered
governmental facilities, the construction of which could cause significant environmental impacts, in order
to maintain acceptable service ratios, response times or other performance objectives. The Project and
Alternate Project propose the construction of warehouse building(s) and associated infrastructure
improvements. No governmental facilities are included in the Project design.
Based on the Projects proximity to existing fire protection/fire stations, the Project would receive
adequate fire protection service and would not result in adverse physical impacts associated with the
provision of or need for new or physically altered fire protection facilities, and would not adversely affect
service ratios, response times, or other performance objectives. There are no existing fire protection
facilities that exist on the Project site, and therefore development of either the Project or Alternate
Project would not conflict with existing fire structures or require modification of fire protection facilities.
Compliance with applicable local and state regulations would ensure that Project implementation would
result in a less than significant impact to fire protection services.
Based on the Projects proximity to existing Police protection services, the Project would receive adequate
police protection service and would not result in adverse physical impacts associated with the provision
of or need for new or physically altered police protection facilities, and would not adversely affect service
ratios, response times, or other performance objectives. There are no police protection facilities that exist
on the Project site, and therefore, development of the Project and Alternate Project would not conflict
with existing police structures or require modification of police protection facilities. Compliance with
applicable local regulations would ensure that Project implementation would result in a less than
significant impact to police protection services.
Project implementation would not result in substantial adverse physical impacts associated with the
provision of new or physically altered school facilities, need for new or physically altered school facilities,
the construction of which could cause significant environmental impacts, in order to maintain acceptable
service ratios or other performance objectives. The Project and Alternate Project would not conflict with
existing school structures or require modification of school facilities. Compliance with applicable local and
state regulations would ensure that Project implementation would result in a less than significant impact
to school services.
Project implementation would not result in substantial adverse physical impacts associated with the
provision of new or physically altered park facilities, need for new or physically altered park facilities, the
construction of which could cause significant environmental impacts, in order to maintain acceptable
service ratios or other performance objectives.
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Project implementation would not result in substantial adverse physical impacts associated with the
provision of new or physically altered other public facilities, need for new or physically altered other public
facilities, the construction of which could cause significant environmental impacts, in order to maintain
acceptable service ratios or other performance objectives. Therefore, Project implementation would
result in a less than significant impact to other public facilities.
Supportive Evidence: Please refer to DEIR pages 7-9 through 7-13.
Transportation
Impact 4.11-1: Would the Project conflict with a program, plan, ordinance or policy, addressing the
circulation system, including transit, roadway, bicycle and pedestrian facilities?
Basis for Conclusion: The majority of the Project site is presently vacant and undeveloped, with the
exception of asphaltic concrete driveways in the western portion of the site, overhead powerlines, and a
railroad easement and rail spur. The railroad easement and rail spur extends from the center, southern
portion of the site and curves towards the northeast corner property line. The site does not include any
pedestrian, bicycle, or public transit facilities. Located on the western edge of the Project site is an existing
road that is associated with the adjacent property to the north. As well, construction of the Project would
provide newly paved internal roads to provide circulation throughout the Project site, including Buildings
A and B.
Construction of Site Plan A would require off-site circulation improvements to support operations through
2040. For opening year (2022), the Project would be required to improve phasing on the I-15 Southbound
Ramp and 4th Street intersection which would include the addition of overlap phasing to the northbound,
southbound, and westbound right turn lanes to optimize the cycle lengths. These improvements are not
included in any fee program, but a fair share contribution has been calculated.
The Project’s circulation elements for Site Plan A and Site Plan B would be consistent with the City’s
General Plan elements pertaining to the land use and mobility (circulation) system, including transit,
roadway, bicycle and pedestrian facilities.
The Project would comply with Americans with Disabilities Act (ADA) Standards for Accessible Designs to
be readily accessible to and usable by individuals with disabilities. The Project would also be compliant
with Caltrans’ construction practice requirements by developing and implementing a temporary traffic
control plan for construction activities that interfere with the normal function of a roadway. The Project
would comply with Federal and State Manual on Traffic Control Devices (MUTCD) standards to install and
maintain traffic-control devices on all public streets, highways, bikeways, and private roads that are open
to public traffic. Therefore, the Project would not conflict with a program, plan, ordinance or policy,
addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities. Therefore,
impacts under the Warehouse Scenario and E-Commerce Scenario would be less than significant.
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Supportive Evidence: Please refer to DEIR pages 4.11-29 through 4.11-38.
Impact 4.11-2: Would the Project conflict or be inconsistent with CEQA Guidelines section 15064.3,
subdivision (b)?
Basis for Conclusion: Construction of the Project would be a temporary activity not associated with a
specific land use. Although there would be vehicle trips and vehicle miles traveled associated with
construction workers, excavation, and transport of materials and equipment, these activities do not fall
squarely into the primary goals of SB 743, which is to reduce reliance on individual automobiles and
promote multi-modal transportation networks through effective land use planning. In addition, impacts
from construction-related activities are captured in the analysis of air quality and greenhouse gas
emissions for the Project.
The Site Plan A Project would not exceed the City’s VMT per service for either the baseline (without
Project) or plus-Project scenarios. As a result, the Site Plan A would not conflict or be inconsistent with
CEQA Guidelines Section 15064.3, subdivision (b). Site Plan B Project would also not exceed the City’s VMT
per service in either baseline (without Project) or with-Project scenarios. As a result, the Project would
not conflict or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b). Therefore, impacts
would be less than significant.
Supportive Evidence: Please refer to DEIR pages 4.11-38 through 4.11-42.
Impact 4.11-3: Would the Project substantially increase hazards due to a design feature
(e.g., sharp curves or dangerous intersections) or incompatible uses (e.g.,
farm equipment)?
Basis for Conclusion: Construction impacts associated with the Project, the Alternate Project, and
100 Percent E-Commerce Worst-Case Scenario may temporarily restrict vehicular traffic or cause
temporary hazards. Access to the Project site would be provided via four driveways along Napa Street and
a new public street. Depending on the development scenario implemented, some driveways would be
exclusively for vehicle traffic, with others providing access for both vehicles and trucks. Driveways would
be continually maintained to allow for the safe ingress and egress to/from the Project site. Additionally,
driveways would be designed in accordance with all applicable design and safety standards required by
adopted fire codes, safety codes, and building codes established by the City’s Engineering and
Fire Departments.
The Project Construction Manager would implement necessary traffic control measures in conformance
with the City’s construction permit requirements, Lane Closure Permit, and Encroachment Permit
requirements. Further measures would be taken to provide adequate access to and from the Project site
as needed. As a result, the Project would not result in increased hazards due to design features from the
Project site.
Supportive Evidence: Please refer to DEIR pages 4.11-42 through 4.11-43.
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Impact 4.11-4: Would the Project result in inadequate emergency access?
Basis for Conclusion: The Project would not be anticipated to result in any significant emergency access
impacts during construction. In case of an emergency, the Project’s construction manager would have
assigned staff to flag emergency response vehicles and direct them to the emergency location.
Unimpeded access would be provided throughout the Project site by ensuring construction vehicles are
not be parked or placed in a manner that would impede access for emergency response vehicles. Site
conditions, during and after the workday, would be either maintained or left in a condition that adheres
to Division of Occupational Safety and Health (OSHA) safety standards to prevent any hazardous condition
that may affect construction staff and emergency responders. Access roads throughout the Project site
would be constructed for use by construction staff/inspectors, construction equipment and materials
delivery/removal, and emergency response vehicles. Access roads would be maintained in good condition
in order to allow for the safe passage for emergency response vehicles. As a result, the Project would not
result in inadequate emergency access at off-site construction locations.
Supportive Evidence: Please refer to DEIR pages 4.11-43 through 4.11-44.
Utilities and Service Systems
Impact 4.13-1: Would the Project require or result in the relocation or construction of new or
expanded water, wastewater treatment or storm water drainage, electric power,
natural gas, or telecommunications facilities, the construction or relocation of which
could cause significant environmental effects?
Basis for Conclusion: The Project and Alternate Project propose the construction of one and two
building(s), respectively, and associated infrastructure improvements. All required improvements to
existing electrical, natural gas, or telecommunications utilities would occur within the existing
right-of-way’s. All areas adjacent to the existing roadways also are heavily disturbed and are within the
overall footprint of Project and any impacts are therefore, discussed and disclosed as part of this Draft EIR
within the various sections of this document. Therefore, impacts associated with extension of services in
these areas and within the site, are less than significant.
The Project’s Drainage Study concluded that with the proposed system, the Project could adequately
convey flows and provide flood protection for the 100-year storm event. Further, the Drainage Study
found that the CMP detention system would adequately treat on-site flows and would not impact flooding
conditions to upstream or downstream properties. The Project would include construction of the
necessary water infrastructure to provide potable water to the proposed Project. Internal to the Project,
no new water mains are anticipated. Both buildings A and B are anticipated to require two 12-inch water
lines, extending from the existing water main in Napa Street to each of the buildings to provide water
supply for fire protection. No additional relocation or construction of new or expanded water supply
would be necessary to meet the Project’s water demand. Improvements to facilitate wastewater service
to the Project site would consist of tie-ins to existing CVWD sewer lines and the Project would be required
to meet Santa Ana RWQCB wastewater requirements. As a result, the increase in daily wastewater
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generated by the Project would be minimal and no expansion of sewer pipelines or wastewater facilities
would be required
Communications infrastructure exists in the Project area and it is not anticipated that new or expanded
communication facilities would be required to serve the Project site. It is anticipated that the Project
would require some amount of natural gas to support future operations, which would be supplied by
SCGC. Similar to electrical services, natural gas lines already exist in the Project area. Additionally, it is not
anticipated that new or expanded gas supply facilities would be required to serve the Project site.
Additionally, there are overhead SCE powerlines present along the northern property line of the Project
site. The relocation of the overhead lines from the center of the property to the southern property line,
would not reduce services or require the construction of additional facilities, but would facilitate the
development of the site. Therefore, impacts related to the expansion of utilities to serve the Project would
be less than significant and no mitigation is required.
Supportive Evidence: Please refer to DEIR pages 4.13-15 through 4.13-18.
Impact 4.13-2: Would the Project have sufficient water supplies available to serve the project and
reasonably foreseeable future development during normal, dry and multiple dry
years?
Basis of Conclusion: The Project is estimated to result in an average potable water building demand of
37 AFY and a landscape demand of 10 AFY with a total demand of 51 AFY. FWC’s available water supplies
would be sufficient to meet all present and future water supply requirements of the Project, as well as
demands from other planned and potential developments within FWC’s service area between now and
2040, including single and multiple dry years. Therefore, impacts related to insufficient water supplies for
the Project and reasonably foreseeable future development would be less than significant.
Supportive Evidence: Please refer to DEIR pages 4.13-18 through 4.13-20.
Impact 4.13-3: Would the Project result in a determination by the wastewater treatment provider
which serves or may serve the project that it has adequate capacity to serve the
project’s projected demand in addition to the provider’s existing commitments?
Basis of Conclusion: The Project proposes an approximately 655,878 sf of warehouse buildings with
ancillary office spaces on 35.38 acres. The Alternate Project would develop a single
fulfilment/E-Commerce building, Building A only (500,648 sf), for fulfillment use with ancillary
office space. The Project would produce wastewater at a rate of approximately 29,300 gpd. This rate is
equal to 0.2 percent of RP-4’s capacity of 14 MGD and 0.07 percent of RF-1’s treatment capacity of
44 MGD. As a result, the FWC would have sufficient treatment capacity to serve the Project and its existing
customers. Therefore, impacts related to insufficient wastewater treatment capacity would be less than
significant impact.
Supportive Evidence: Please refer to DEIR pages 4.13-20.
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Impact 4.13-4: Would the Project generate solid waste in excess of State or local standards, or in
excess of the capacity of local infrastructure, or otherwise impair the attainment of
solid waste reduction goals?
Basis of Conclusion: The Project and Alternate Project is anticipated to generate solid waste during the
temporary, short-term construction phase, as well as the operational phase, but it would not be
anticipated to result in inadequate landfill capacity. According to CalRecycle’s Estimated Solid Waste
Generation Rates, a warehouse facility similar to the Project is estimated to produce 13.82 pounds of
waste per employee per day.23 The estimated number of employees to operate the facility under the
Project (worst-case) would be approximately 1,172 people and approximately 750 under the Alternate
Project. The 1,172 employees under the Project equates to approximately 16,197 pounds (8 tons) of waste
per day from Project-related activities, which would account for approximately 0.11 percent of the
Mid-Valley Sanitary Landfill’s maximum daily throughput of 7,500 tons per day. Further, the Project, as
with all other development in the City, would be required to adhere to City ordinances with respect to
waste reduction and recycling. For these reasons, the Project’s solid waste disposal needs during
construction and operation could be met by the Mid-Valley Sanitary Landfill. Therefore, impacts related
to the generation of excess solid waste would be less than significant.
Supportive Evidence: Please refer to DEIR pages 4.13-20 through 4.13-21.
Impact 4.13-5: Would the Project have sufficient water supplies available to serve the project and
reasonably foreseeable future development during normal, dry and multiple dry
years?
Basis of Conclusion: The Project and Alternate Project would comply with applicable local, state, and
federal regulations regarding solid waste, including those of the City. Rancho Cucamonga Municipal Code
Section 8.17 provides policies and regulation regarding solid waste handling by both customers and
collectors. In coordination with Burrtec Waste Management, the Project would comply with the City’s
various programs to increase recycling efforts. In addition, the City implements AB 939 source reduction
and recycling measures to reduce solid waste generation and has been found to be compliant with AB
939. Therefore, impacts related to compliance with solid waste reduction statutes and regulations would
be less than significant.
Supportive Evidence: Please refer to DEIR pages 4.13-21 through 4.13-22.
23 CalRecycle. 2020. Estimated Solid Waste Generation Rates.
https://www2.calrecycle.ca.gov/WasteCharacterization/General/Rates#Industrial. Accessed October 14, 2020.
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Section 5: Environmental Impacts Found to be Less Than Significant
with Mitigation Incorporated
Pursuant to PRC § 21081(a) and CEQA Guidelines § 15091(a)(1), based on substantial evidence, the City
finds that for each of the impacts discussed below the Project’s potentially significant impacts have been
avoided, offset or reduced to less than significant levels in consideration of existing regulatory plans and
programs (described in the DEIR Section 4 for each applicable impact topic), PDFs (summarized in Findings
Table 1), and EIR mitigation measures (as listed in Resolution Attachment 5d, Mitigation Monitoring and
Reporting Program [MMRP], and summarized below).
Air Quality
Impact 4.1-2: Would the Project result in a cumulatively considerable net increase of any criteria
pollutant for which the Project region is non-attainment under an applicable state or
federal ambient air quality standard?
Environmental Analysis: Construction associated with the Project would generate short-term emissions
of criteria air pollutants. The criteria pollutants of primary concern within the Project area include O3-
precursor pollutants (i.e., ROG and NOX) and PM10 and PM2.5. Construction-generated emissions are short
term and of temporary duration, lasting only as long as construction activities occur, but would be
considered a significant air quality impact if the volume of pollutants generated exceeds the SCAQMD’s
thresholds of significance.
All criteria pollutant emissions associated with construction of the Project would remain below their
respective thresholds. As well, all criteria pollutant emissions associated with construction of the
Alternate Project would remain below their respective thresholds. Finally, Construction emissions
attributable to the 100 Percent E-Commerce Worst Case Scenario would remain below their respective
thresholds. However, operations associated with the Project would exceed the SCAQMD threshold for
NOX. The majority of NOX emissions are from area and mobile sources. Mitigation measures would be
required to reduce emissions to the extent feasible; however, emissions of motor sources are controlled
by State and Federal standards and the Project has no jurisdiction over these standards.
Mitigation Measures: Based upon the analysis presented in Section 4.1, Air Quality of the DEIR, which is
incorporated herein by reference, the following Mitigation Measures are feasible and are made binding
through the MMRP. Imposition of these mitigation measures will reduce potentially significant impacts to
less than significant.
MM AQ-1: Prior to issuance of occupancy permits for the Project, the Project operator shall prepare and
submit a Transportation Demand Management (TDM) program for review and approval of the City of
Rancho Cucamonga detailing strategies that would reduce the use of single-occupant vehicles by
employees by increasing the number of trips by walking, bicycle, carpool, vanpool and transit.
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The TDM shall include, but is not limited to the following:
Provide a transportation information center and on-site TDM coordinator to educate residents,
employers, employees, and visitors of surrounding transportation options;
Promote bicycling and walking through design features such as showers for employees, self-
service bicycle repair area, etc. around the project site;
Provide on-site car share amenities for employees who make only occasional use of a vehicle, as
well as others who would like occasional access to a vehicle of a different type than they use day-
to-day;
Promote and support carpool/vanpool/rideshare use through parking incentives and
administrative support, such as ride-matching service; and
Incorporate incentives for using alternative travel modes, such as preferential load/unload areas
or convenient designated parking spaces for carpool/vanpool users.
Provide meal options onsite or shuttles between the facility and nearby meal destinations.
MM AQ-2: For the Project, electrical hookups shall be provided at all loading bays for truckers to plug in
any onboard auxiliary equipment and power refrigeration units while their truck is stopped.
MM AQ-3: All truck access gates and loading docks (both interior- and exterior-facing signs) within the
Project site shall have a sign posted that states:
Truck drivers shall turn off engines when not in use.
Truck drivers shall shut down the engine after five minutes of continuous idling operation. Once
the vehicle is stopped, the transmission is set to “neutral” or “park,” and the parking brake is
engaged.
Telephone numbers of the building facilities manager and CARB to report Violations.
MM AQ-4: The Project will require contractors and building operator(s) (by contract specifications) to
utilize on-road heavy-duty diesel trucks with a gross vehicle weight rating greater than 14,000 pounds to
meet or exceed 2010 engine emission standards or to be equipped with a particulate matter trap (as
available) or to be powered by natural gas, electricity, or other diesel alternative.
MM AQ-5: Prior to the issuance of building permits for the Project, the City of Rancho Cucamonga Building
and Safety Department shall confirm that applicable Project plans and specifications indicate that
refrigerated space for the Project does not exceed 56,000 square feet.
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MM AQ-6: Post signs at every truck exit driveway providing directional information to the truck route., so
that trucks will not travel on Arrow Route and Foothill Boulevard next to or near sensitive land uses (e.g.,
residences).
MM AQ-7: The Applicant shall make its tenants aware of the funding opportunities, such as the Carl Moyer
Memorial Air Quality Standards Attainment Program (Moyer Program), and other similar funding
opportunities, by providing applicable literature available from the California Air Resources Board (CARB).
The Moyer Program On-Road Heavy-Duty Vehicles Voucher Incentive Program (VIP) provides funding to
individuals seeking to purchase new or used vehicles with 2013 or later model year engines to replace an
existing vehicle that is to be scrapped.
Finding: Pursuant to Public Resources Code Section 20181(a) and State CEQA Guidelines Section 15091(a),
the City hereby finds that changes or alterations have been required in, or incorporated into, the project
that avoid or substantially lessen the significant effect on the environment to below a level of significance.
Supportive Evidence: Please refer to DEIR page 4.1-14 through 4.1-23.
Biological Resources
Impact 4.2-1: Would the Project have a substantial adverse effect, either directly or through habitat
modifications, on any species identified as a candidate, sensitive, or special status
species in local or regional plans, policies, or regulations, or by the California
Department of Fish and Wildlife or U.S. Fish and Wildlife Service?
Environmental Analysis: The Project would be developed on a previously vacant and disturbed site.
Construction activities would include the demolition of existing infrastructure including utilities, road
improvements associated with the easement on the west side of the property, and relocation of the
overhead utility line. The site is located in an area that is surrounded by developed industrial property
with infrastructure including roadways, electrical, and utilities. The Project site is bordered to the west by
the East Etiwanda Creek and to the east by San Sevaine Channel. There are no trees on the site, however,
the Project site contains ground cover and shrubs that provide suitable habitat for nesting migratory birds.
Thus, there is a potential for nesting bird impacts to occur.
The habitat assessment conducted for the Project included focused plant surveys conducted in April, June,
and August of 2020. No special-status plants were detected at the Project site and none are expected to
occur due to a lack of suitable habitat. The Project would not impact special-status plants due to a lack of
suitable habitat for all species and the high level of site disturbance. The Project would result in the loss
of habitat that supports or potentially supports one listed special-status species: Swainson’s hawk. The
Project would also result in the loss of habitat that supports or potentially supports two non-listed special-
status species: golden eagle and San Diego black-tailed jackrabbit. With the implementation of Mitigation
Measures, potential construction impacts to special-status animals would be less than significant.
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Mitigation Measures: Based upon the analysis presented in Section 4.2, Biological Resources of the DEIR,
which is incorporated herein by reference, the following Mitigation Measures are feasible and are made
binding through the MMRP. Imposition of these mitigation measures will reduce potentially significant
impacts to less than significant.
MM BIO-1: In accordance with the CDFG Staff Report on Burrowing Owl (2012), a qualified biologist shall
conduct a pre-construction presence/absence survey for burrowing owls between 30 and 14 days prior to
site disturbance. If burrowing owls are detected on-site, the qualified biologist shall contact California
Department of Fish and Wildlife (CDFW) and conduct an impact assessment in accordance with Staff
Report on Burrowing Owl Mitigation prior to commencing project activities to determine appropriate
mitigation, including the acquisition and conservation of occupied replacement habitat at no less than a
2:1 ratio and the owls shall be relocated/excluded from the site outside of the breeding season following
accepted protocols, and subject to approval by CDFW. A qualified biologist shall prepare and submit a
passive relocation program in accordance with Appendix E (i.e., Example Components for Burrowing Owl
Artificial Burrow and Exclusion Plans) of the CDFW’s Staff Report on Burrowing Owl Mitigation (CDFG
2012) for CDFW review/approval prior to the commencement of disturbance activities onsite. When a
qualified biologist determines that burrowing owls are no longer occupying the Project site and passive
relocation is complete, construction activities may begin. A final letter report shall be prepared by the
qualified biologist documenting the results of the passive relocation. The letter shall be submitted to
CDFW.
Prior to passive relocation, suitable replacement burrows site(s) shall be provided within adjacent open
space lands and/or other off-site lands, as approved by CDFW at a ratio of 2:1 and permanent
conservation and management of burrowing owl habitat such that the habitat acreage, number of
burrows and burrowing owl impacts are replaced consistent with the Staff Report on Burrowing Owl
Mitigation including its Appendix A within designated adjacent conserved lands identified through
coordination with CDFW. A qualified biologist shall confirm the natural or artificial burrows on the
conservation lands are suitable for use by the owls. Monitoring and management of the replacement
burrow site(s) shall be conducted and a reporting plan shall be prepared. The objective shall be to manage
the replacement burrow sites for the benefit of burrowing owls (e.g., minimizing weed cover), with the
specific goal of maintaining the functionality of the burrows for a minimum of 2 years.
MM BIO-2: Vegetation clearing should be conducted outside of the nesting season (typically February 1
through August 31). If avoidance of the nesting season cannot be accomplished, then a qualified biologist
shall conduct a nesting bird survey in all suitable areas including trees, shrubs, bare ground, burrows,
cavities, and structures, at the appropriate time of day/night, during appropriate weather conditions
within three days prior any disturbance of the site, including disking and grading. Pre-construction surveys
shall focus on both direct and indirect evidence of nesting, including nest locations and nesting behavior
(e.g., copulation, carrying of food or nest materials, nest building, removal of fecal sacks, flushing suddenly
from atypically close range, agitation, aggressive interactions, feigning injury or distraction displays, or
other behaviors). If active nests are identified, the biologist shall establish suitable buffers around the
nests, and the buffer areas shall be avoided until the nests are no longer occupied and the juvenile birds
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can survive independently from the nests. Typically established buffers are greater for raptors than
songbirds and depend upon the species, the nesting stage, and type of construction activity proposed.
The buffer should generally be a minimum of 300 feet for raptors and 100 feet for songbirds; unless a
smaller buffer is specifically determined by a qualified biologist familiar with the nesting phenology of the
nesting species.
Finding: Pursuant to Public Resources Code Section 20181(a) and State CEQA Guidelines Section 15091(a),
the City hereby finds that changes or alterations have been required in, or incorporated into, the project
that avoid or substantially lessen the significant effect on the environment to below a level of significance.
Supportive Evidence: Please refer to DEIR page 4.-26 through 4.2-28.
Cultural Resources
Impact 4.3-2: Would the Project cause a substantial adverse change in the significance of an
archaeological resource pursuant to §15064.5?
Environmental Analysis: Although the presence of creeks and washes within the Project vicinity suggests
the area may have been attractive to prehistoric groups both as a source of water and resource
procurement area, the lack of identified prehistoric resources suggests the Project site is not highly
sensitive to prehistoric archaeological remains. Further, because the Project site was primarily used for
agricultural purposes, it is unlikely to contain significant historic period archaeological deposits. Following
completion of construction of the Project and disturbances of the site, the proposed Project would include
use for industrial warehousing. These land use operations would not impact any known or unknown
historical resources. However, in the event that that a potentially significant archaeological resource is
encountered during Project-related ground-disturbing activities, Mitigation Measures would further
minimize potential impacts to human remains.
Mitigation Measures: Based upon the analysis presented in Section 4.3, Cultural Resources of the DEIR,
which is incorporated herein by reference, the following Mitigation Measures are feasible and are made
binding through the MMRP. Imposition of these mitigation measures will reduce potentially significant
impacts to less than significant.
MM CUL-1: In the unlikely event that cultural resources are exposed during construction of the Project,
all ground disturbing activities within 100-feet of the potential resource(s) shall be suspended. A qualified
archaeologist, meeting the Secretary of the Interior’s Professional Qualification Standards, shall evaluate
the significance of the find and determine whether or not additional study is warranted. Depending upon
the significance of the find, the archaeologist may simply record the find and allow work to continue. If
the discovery proves significant under CEQA, additional work, such as preparation of an archaeological
treatment plan, testing, or data recovery, may be warranted and shall be submitted to the Development
Services Director or his/her designee. If the resource(s) are determined to be Native American in origin,
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the project archaeologist shall notify the appropriate Native American Tribe(s) from a list provided by the
City.
Finding: Pursuant to Public Resources Code Section 20181(a) and State CEQA Guidelines Section 15091(a),
the City hereby finds that changes or alterations have been required in, or incorporated into, the project
that avoid or substantially lessen the significant effect on the environment to below a level of significance.
Supportive Evidence: Please refer to DEIR page 4.3-13 through 4.3-14.
Geology and Soils
Impact 4.5-1: Would the project expose people or structures to potential substantial adverse effects,
including the risk of loss, injury, or death involving:
ii. Strong seismic ground shaking?
Environmental Analysis: The City is located within 10 miles of two of California’s active faults, the San
Andreas and San Jacinto Faults which are capable of producing ground shaking motions to the region.
Significant damage to structures may be unavoidable in earthquake conditions. However, the proposed
buildings would be designed to resist structural collapse and provide protection from serious injury,
catastrophic property damage and loss of life. These design standards would be congruent with the 2019
California Building Code. With implementation of Mitigation Measure GEO-1, all project plans would be
reviewed for compliance with applicable building requirements, in order to prevent harmful effects
resulting from strong seismic ground shaking. Therefore, impacts regarding strong seismic ground shaking
would be less than significant with mitigation incorporated.
Mitigation Measures: Based upon the analysis presented in Section 4.5, Geology and Soils of the DEIR,
which is incorporated herein by reference, the following Mitigation Measures are feasible and are made
binding through the MMRP. Imposition of these mitigation measures will reduce potentially significant
impacts to less than significant.
MM GEO-1: Prior to the issuance of any grading permit or building permit, City Staff shall review all Project
plans involving grading, foundation, structural, infrastructure, and all other relevant construction to
ensure compliance with the applicable recommendations from the Geotechnical Investigation and other
applicable Code requirements. Specific design considerations as outlined in the Geotechnical Investigation
included in Appendix D shall be implemented to minimize the risk for geological hazards included in the
Project construction plans.
Finding: Pursuant to Public Resources Code Section 20181(a) and State CEQA Guidelines Section 15091(a),
the City hereby finds that changes or alterations have been required in, or incorporated into, the project
that avoid or substantially lessen the significant effect on the environment to below a level of significance.
Supportive Evidence: Please refer to DEIR page 4.5-15 through 4.5-16.
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Impact 4.5-2: Would the proposed Project result in substantial soil erosion or the loss of topsoil?
Environmental Analysis: SoCalGeo performed a subsurface exploration at 10 borings at depths of 15 to
25± feet below the existing site grades. . Artificial fill soils were encountered at the ground surface of
most of the boring and trench locations, extending to depths of 1½ to 5½± feet below the existing site
grades. SoCalGeo concluded that the existing artificial fill material would be unsuitable to support the
proposed structures. Therefore, remedial grading would be utilized within the proposed building areas in
order to remove all undocumented fill soils in their entirely including the upper portion of the near-surface
native alluvial soils and replaced with compacted structural fill. In addition to the excavation and removal
of the fill material, development of the Project would require grading preparation, excavation, site
stripping and demolition that could result in soil erosion if exposed to periods of high wind or storm-
related events. General dust control measures such as watering would be required to minimize erosion
and construction-related dust. Construction contractors would also be required to create a dust control
plan in compliance with SCAQMD Rule 403 to further reduce wind erosion. Furthermore, the construction
contractor would be required to implement a Storm Water Pollution Prevention Plan (SWPPP) that lists
Best Management Practices (BMPs) for reducing the potential for water erosion and runoff during
construction. Operation activities for Site Plan A or Site Plan B would not involve procedures which would
result in substantial soil erosion. The site would be covered with hardscape and landscaping, which would
include ground cover to reduce erosion or loss of on-site soils post-construction. This would ensure that
operations under the Development Scenarios would not result in the loss of topsoil or sedimentation into
local drainage facilities and water bodies. In addition, a network of storm drains and gutters would be
installed, upgraded if needed, and maintained as necessary throughout the developed site. Therefore, the
potential for substantial soil erosion or the loss of topsoil is considered less than significant.
Mitigation Measures: Based upon the analysis presented in Section 4.5, Geology and Soils of the DEIR,
which is incorporated herein by reference, the following Mitigation Measures are feasible and are made
binding through the MMRP. Imposition of these mitigation measures will reduce potentially significant
impacts to less than significant.
MM GEO-1 would be applied.
Finding: Pursuant to Public Resources Code Section 20181(a) and State CEQA Guidelines Section 15091(a),
the City hereby finds that changes or alterations have been required in, or incorporated into, the project
that avoid or substantially lessen the significant effect on the environment to below a level of significance.
Supportive Evidence: Please refer to DEIR pages 4.5-17 through 4.5-18.
Impact 4.5-3: Would the proposed Project be located on a geologic unit or soil that is unstable, or
that would become unstable as a result of the project, and potentially result in on or
off-site landslide, lateral spreading, subsidence, liquefaction or collapse?
Environmental Analysis: The Project site is not located within any known fault lines or zones, included
those considered Alquist-Priolo fault lines and fault zones. The Project site and the surrounding area is
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relatively flat and/or developed which indicates that the Project would not be susceptible to landslides
nor cause significant erosion that would result in a landslide or lateral spreading. The Project site location
is outside of a landslide and liquefaction susceptibility area. This combined with compliance of seismic
design parameters recommended by SoCalGeo pursuant to the 2019 CBC, and implementation of
Mitigation Measure GEO-1, impacts related to unstable soils, landslide, lateral spreading, subsidence,
liquefaction or collapse would be less than significant.
Mitigation Measures: Based upon the analysis presented in Section 4.5, Geology and Soils of the DEIR,
which is incorporated herein by reference, the following Mitigation Measures are feasible and are made
binding through the MMRP. Imposition of these mitigation measures will reduce potentially significant
impacts to less than significant.
MM GEO-1 would be applied.
Finding: Pursuant to Public Resources Code Section 20181(a) and State CEQA Guidelines Section 15091(a),
the City hereby finds that changes or alterations have been required in, or incorporated into, the project
that avoid or substantially lessen the significant effect on the environment to below a level of significance.
Supportive Evidence: Please refer to DEIR pages 4.5-18 through 4.5-19.
Impact 4.5-6: Would the proposed Project directly or indirectly destroy a unique paleontological
resource or site or unique geologic feature?
Environmental Analysis: According to PaleoWest’s PRA, shallow excavations in the Project site
(approximately nine feet in depth or less) would be unlikely to yield any significant paleontological
resources. This determination is based on the fact that younger Quaternary deposits are void of fossils
and near-surface alluvium is usually too young to contain fossils, and therefore, possesses low sensitivity.
As a result, no effects to paleontological resources would be expected from earth-moving activities at
shallow depths at the proposed Project site. However, deeper excavations that may extend down into
older Quaternary (Pleistocene) alluvial deposits would be more likely to unearth fossil vertebrate remains
(McLeod 2020 listed in the PRA). Older Quaternary deposits underlying the general Project vicinity are
considered to have a high paleontological sensitivity because they have proven to yield significant
paleontological resources (i.e., identifiable vertebrate fossils) in the past. Generally, ground-disturbing
activities exceeding depths beyond Holocene soils and younger Quaternary alluvium would encounter
older Quaternary alluvium. In order to reduce impacts to any undiscovered paleontological resource,
Mitigation Measure GEO-2 through Mitigation Measure GEO-5 shall be implemented. With the following
mitigation measures implemented, impacts on paleontological resources would be less than significant.
Mitigation Measures: Based upon the analysis presented in Section 4.5, Geology and Soils of the DEIR,
which is incorporated herein by reference, the following Mitigation Measures are feasible and are made
binding through the MMRP. Imposition of these mitigation measures will reduce potentially significant
impacts to less than significant.
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MM GEO-1 would be applied.
MM GEO-2: Worker’s Environmental Awareness Program (WEAP). Prior to the start of the proposed
Project activities, all field personnel will receive a worker’s environmental awareness training on
paleontological resources. The training will provide a description of the laws and ordinances protecting
fossil resources, the types of fossil resources that may be encountered in the Project area, the role of the
paleontological monitor, outline steps to follow in the event that a fossil discovery is made, and provide
contact information for the Project Paleontologist. The training will be developed by the Project
Paleontologist and can be delivered concurrent with other training including cultural, biological, safety,
etc.
MM GEO-3: Paleontological Mitigation Monitoring. Prior to the commencement of ground-disturbing
activities, a professional paleontologist will be retained to prepare and implement a PRMMP for the
proposed Project. The PRMMP will describe the monitoring required during excavations that extend into
older Quaternary (Pleistocene) age sediments, and the location of areas deemed to have a high
paleontological resource potential. Monitoring will entail the visual inspection of excavated or graded
areas and trench sidewalls. If the Project Paleontologist determines full-time monitoring is no longer
warranted, based on the geologic conditions at depth, he or she may recommend that monitoring be
reduced or cease entirely.
MM GEO-4: Fossil Discoveries. In the event that a paleontological resource is discovered, the monitor will
have the authority to temporarily divert the construction equipment around the find until it is assessed
for scientific significance and, if appropriate, collected. If the resource is determined to be of scientific
significance, the Project Paleontologist shall complete the following:
1. Salvage of Fossils. If fossils are discovered, all work in the immediate vicinity should be halted to allow
the paleontological monitor, and/or Project Paleontologist to evaluate the discovery and determine if the
fossil may be considered significant. If the fossils are determined to be potentially significant, the Project
Paleontologist (or paleontological monitor) should recover them following standard field procedures for
collecting paleontological as outlined in the PRMMP prepared for the project. Typically, fossils can be
safely salvaged quickly by a single paleontologist and not disrupt construction activity. In some cases,
larger fossils (such as complete skeletons or large mammal fossils) require more extensive excavation and
longer salvage periods. In this case the paleontologist should have the authority to temporarily direct,
divert or halt construction activity to ensure that the fossil(s) can be removed in a safe and timely manner.
2. Fossil Preparation and Curation. The PRMMP will identify the museum that has agreed to accept fossils
that may be discovered during project-related excavations. Upon completion of fieldwork, all significant
fossils collected will be prepared in a properly equipped laboratory to a point ready for curation.
Preparation may include the removal of excess matrix from fossil materials and stabilizing or repairing
specimens. During preparation and inventory, the fossils specimens will be identified to the lowest
taxonomic level practical prior to curation at an accredited museum. The fossil specimens must be
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delivered to the accredited museum or repository no later than 90 days after all fieldwork is completed.
The cost of curation will be assessed by the repository and will be the responsibility of the client.
MM GEO-5: Final Paleontological Mitigation Report. Upon completion of ground-disturbing activity (and
curation of fossils if necessary) the Project Paleontologist should prepare a final mitigation and monitoring
report outlining the results of the mitigation and monitoring program. The report should include
discussion of the location, duration and methods of the monitoring, stratigraphic sections, any recovered
fossils, and the scientific significance of those fossils, and where fossils were curated.
Finding: Pursuant to Public Resources Code Section 20181(a) and State CEQA Guidelines Section 15091(a),
the City hereby finds that changes or alterations have been required in, or incorporated into, the project
that avoid or substantially lessen the significant effect on the environment to below a level of significance.
Supportive Evidence: Please refer to DEIR pages 4.5-20 through 4.5-22.
Greenhouse Gas Emissions
Impact 4.6-1: Would the Project generate GHG emissions, either directly or indirectly, that could
have a significant impact on the environment?
Environmental Analysis: Development of the Project would result in the generation of approximately
1,410 MTCO2e over the course of construction. Construction GHG emissions are typically summed and
amortized over the lifetime of the Project (assumed to be 30 years), then added to the operational
emissions24. The amortized Project construction emissions would be 47 MTCO2e per year. Once
construction is complete, the generation of these GHG emissions would cease. The development of the
100 Percent E-Commerce Worst-Case Scenario would result in the generation of approximately
1,290 MTCO2e over the course of construction. Construction GHG emissions are typically summed and
amortized over the lifetime of the Project (assumed to be 30 years), then added to the operational
emissions25. The amortized Project construction emissions would be 43 MTCO2e per year. Once
construction is complete, the generation of these GHG emissions would cease.
Operation of the Project would generate approximately 14,394 MTCO2e annually from both construction
and operations of the Project. Project-related GHG emissions would exceed the SCAQMD’s
10,000 MTCO2e per year threshold for industrial uses without mitigation. Approximately 56 percent of the
GHG emissions would be from energy consumption and approximately 37 percent of the emissions would
be from mobile sources. Mitigation measures have been identified to reduce emissions. It should be noted
that emissions of motor vehicles are controlled by State and Federal standards and the City and Project
have no control over these standards. Mitigated GHG emissions associated with the Project would not
24 The project lifetime is based on the standard 30-year assumption of the South Coast Air Quality Management District
(South Coast Air Quality Management District, Minutes for the GHG CEQA Significance Threshold Stakeholder Working Group
#13, August 26, 2009).
25 Ibid.
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exceed the 10,000 MTCO2e per year threshold. Furthermore, GHG emissions from the 100 Percent
E-Commerce Worst Case Scenario would not exceed the SCAQMD’s 10,000 MTCO2e per year threshold.
Mitigation Measures: Based upon the analysis presented in Section 4.6, Greenhouse Gas Emissions of
the DEIR, which is incorporated herein by reference, the following Mitigation Measures are feasible and
are made binding through the MMRP. Imposition of these mitigation measures will reduce potentially
significant impacts to less than significant.
MM: Refer to MMs AQ-1 through AQ-7 for the Project and MMAQ-1 for the 100 Percent E-Commerce
Worst-Case Scenario. No additional mitigation is required.
Finding: Pursuant to Public Resources Code Section 20181(a) and State CEQA Guidelines Section 15091(a),
the City hereby finds that changes or alterations have been required in, or incorporated into, the project
that avoid or substantially lessen the significant effect on the environment to below a level of significance.
Supportive Evidence: Please refer to DEIR pages 4.6-13 through 4.6-21.
Hazards and Hazardous Materials
Impact 4.7-1:Would the project create a significant hazard to the public or the environment through
the routine transport, use, or disposal of hazardous materials?
Environmental Analysis: The routine transport, use, and disposal of hazardous materials must adhere to
federal, state, and local regulations for transport, handling, storage, and disposal of hazardous substances.
Compliance with the regulatory framework would ensure Project construction would not create a
significant hazard to the public or the environment through the routine transport, use, or disposal of
hazardous materials during construction.
The proposed facilities would be expected to use limited hazardous materials and substances which would
include cleaners, paints, solvents, and fertilizers and pesticides for site landscaping. The Project would not
create a significant impact through the transport, use, or disposal of hazardous materials since the
facilities are required to comply with all applicable Federal, State, and regional regulations. Although not
anticipated, mitigation measures are proposed in order to ensure that the Project does not exceed
threshold quantity of a regulated substance greater than as specified by the applicable health and safety
code. With implementation of Mitigation Measures and compliance with all applicable Federal, State, and
regional regulations regarding hazardous material generation and usage on the site, potential impacts
related to transport, use, or disposal of hazardous materials would be reduced to less than significant
levels.
Mitigation Measures: Based upon the analysis presented in Section 4.7, Hazards and Hazardous Materials
of the DEIR, which is incorporated herein by reference, the following Mitigation Measures are feasible
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and are made binding through the MMRP. Imposition of these mitigation measures will reduce potentially
significant impacts to less than significant.
MM HAZ-1: If a proposed use at the Project has a threshold quantity of a regulated substance greater
than as specified by the applicable health and safety code, the user shall prepare and implement a
Hazardous Materials Risk Management Plan for facilities that store, handle, or use regulated substances
as defined in the California Health and Safety Code 25532 (g) in excess of threshold quantities. This plan
shall be reviewed and approved by the San Bernardino County Department of Environmental Health
through the Certified Unified Program Agencies (CUPA) process prior to implementation as required by
the California Accidental Release Prevention (CalARP) Program.
Finding: Pursuant to Public Resources Code Section 20181(a) and State CEQA Guidelines Section 15091(a),
the City hereby finds that changes or alterations have been required in, or incorporated into, the project
that avoid or substantially lessen the significant effect on the environment to below a level of significance.
Supportive Evidence: Please refer to DEIR pages 4.6-19 through 4.6-20.
Impact 4.7-2:Would the project create a significant hazard to the public or the environment through
reasonably foreseeable upset and accident conditions involving the release of
hazardous materials into the environment?
Environmental Analysis: The Phase I ESA identified one REC associated with the Project site.
Subsequently, a Phase II investigation was conducted to evaluate the potential for soil or groundwater
contamination in association with the REC on the Project site. The Phase II investigation did not result in
significant soil impairments associated with the past and present use of the proposed Project site.
However, if site development plans involve net export of soil from the Project site, then a Soil
Management Plan (SMP) is warranted to manage off-site reuse or disposal options based on the presence
of anthropogenic chemicals in the soil.
Project operations would involve typical hazardous materials/chemicals associated with warehousing
uses such cleaners, paints, solvents, and fertilizers and pesticides for site landscaping. Any routine
transport, use, and disposal of these materials during Project operations must adhere to federal, state,
and local regulations for transport, handling, storage, and disposal of hazardous substances. Furthermore,
hazardous materials/chemicals such as cleaners, paints, solvents and fertilizers in low quantities do not
pose a significant threat related to the release of hazardous materials into the environment.
Mitigation Measures: Based upon the analysis presented in Section 4.7, Hazards and Hazardous Materials
of the DEIR, which is incorporated herein by reference, the following Mitigation Measures are feasible
and are made binding through the MMRP. Imposition of these mitigation measures will reduce potentially
significant impacts to less than significant.
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MM HAZ-2: If site development plans involve net export of soil from the Project site, a Soil Management
Plan shall be prepared to manage off-site reuse or disposal options based on the presence of
anthropogenic chemicals in the soil. The Plan would be submitted to the City for review and approval.
Finding: Pursuant to Public Resources Code Section 20181(a) and State CEQA Guidelines Section 15091(a),
the City hereby finds that changes or alterations have been required in, or incorporated into, the project
that avoid or substantially lessen the significant effect on the environment to below a level of significance.
Supportive Evidence: Please refer to DEIR pages 4.6-20 through 4.6-21.
Tribal Cultural Resources
Impact 4.12-1: Would the Project cause a substantial adverse change in the significance of a tribal
cultural resource, defined in PRC Section 21074 as either a site, feature, place, cultural
landscape that is geographically defined in terms of the size and scope of the
landscape, sacred place, or object with cultural value to a California Native American
tribe, and that is:
iii. Listed or eligible for listing in the CRHR, or in a local register of historical
resources as defined in PRC Section 5020.1(k) or
iv. A resource determined by the Lead Agency, in its discretion and
supported by substantial evidence, to be significant pursuant to criteria
set forth in subdivision (c) of PRC Section 5024.1, the Lead Agency shall
consider the significance of the resource to a California Native American
tribe?
Environmental Analysis: Paleo West contacted the NAHC, as part of the cultural resource assessment, on
April 24, 2020, for a review of the Sacred Lands File Search (SLF). The NAHC responded on April 29, 2020,
stating that the SLF was completed with negative results; however, the NAHC requested that
13 individuals representing 12 Native American tribal groups be contacted to elicit information regarding
cultural resource issues related to the proposed Project.
Paleo West sent outreach letters to the 13 recommended individuals on May 7, 2020. These letters were
followed up by phone calls and emails on May 28, 2020. As of September 2020, four responses have been
received. Jill McCormick, Historic Preservation Officer for the Quechan Indian Tribe, responded on
May 11, 2020 and stated that the tribe did not wish to provide comments on the Project and would defer
to more local tribes. On May 13, 2020, Alexandra McCleary, Tribal Archaeologist for the San Manuel Band
of Mission Indians, emailed and stated that the proposed Project is within the Serrano ancestral territory
and is of interest to the tribe. Ms. McCleary further noted that the Project area is not located within the
immediate vicinity of any sacred sites, but it is located near Etiwanda Creek, which the tribe considers to
be sensitive for cultural resources. Donna Yocum, Chairwoman of the San Fernando Band of
Mission Indians, emailed on May 28, 2020 and stated that the tribe would defer this Project to the
San Manual Band of Mission Indians. Finally, Patricia Garcia-Plotkin, Tribal Historic Preservation Office for
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the Agua Caliente Band of Cahuilla Indians, called and stated that the Project area is outside of the tribe’s
ancestral territory and had no information on cultural resources located within the Project vicinity.
The City sent letters on August 24, 2020 to all tribes in conformance with SB 18 and on December 23, 2020
to all tribes inviting consultation in conformance with AB 52. An email response was received on
January 13, 2021 from the San Manuel Band of Mission Indians (SMBMI) that indicated that Project was
within the Serrano ancestral territory and, therefore, was of interest to the Tribe. A phone consultation
was received in January 2021 from the San Gabriel Band of Mission Indians to the City with a request to
include an archeologist and/or Native American Monitor during ground disturbance. No additional
consultation requests were received. The cultural resources assessment did not identify any
archaeological or tribal cultural resources on the Project site. Mitigation Measures will ensure the
protection of any unknown or inadvertently discovered archaeological resources and human remains, or
other tribal cultural significant resources. With implementation of these measures, impacts to tribal
cultural resources would be less than significant.
Mitigation Measures: Based upon the analysis presented in Section 4.12, Tribal Cultural Resource of the
DEIR, which is incorporated herein by reference, the following Mitigation Measures are feasible and are
made binding through the MMRP. Imposition of these mitigation measures will reduce potentially
significant impacts to less than significant.
MM TCR-1: Tribal Cultural Resources Discovery: The San Manuel Band of Mission Indians Cultural
Resources Department (SMBMI) shall be contacted, as detailed in TCR-2, of any pre-contact cultural
resources discovered during Project implementation, and be provided information regarding the nature
of the find, so as to provide Tribal input with regards to significance and treatment. Should the find be
deemed significant, as defined by CEQA (as amended, 2015), a cultural resource Monitoring and
Treatment Plan shall be created by the Project archaeologist, in coordination with SMBMI, and all
subsequent finds shall be subject to this Plan. This Plan shall allow for a monitor to be present that
represents SMBMI for the remainder of the Project, should SMBMI elect to place a monitor on-site.
MM TCR-2: Archeological/Cultural Documents: Any and all archaeological/cultural documents created as
a part of the Project (isolate records, site records, survey reports, testing reports, etc.) shall be supplied
to the applicant and Lead Agency for dissemination to SMBMI. The Lead Agency and/or applicant shall, in
good faith, consult with SMBMI throughout the life of the Project.
MM TCR-3: Retain an Archeologist and/or Native American Monitor/Consultant: The Project Applicant
shall be required to retain and compensate for the services of a Tribal monitor/consultant. The
monitor/consultant will only be present on-site during the construction phases that involve ground
disturbing activities. Ground disturbing activities are activities that may include, but are not limited to,
pavement removal, pot-holing or auguring, grubbing, tree removals, boring, grading, excavation, drilling,
and trenching, within the project area. The Tribal Monitor/consultant will complete daily monitoring logs
that will provide descriptions of the day’s activities, including construction activities, locations, soil, and
any cultural materials identified. The on-site monitoring shall end when the project site grading and
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excavation activities are completed, or when the Tribal Representatives and monitor/consultant have
indicated that the site has a low potential for impacting Tribal Cultural Resources.
Finding: Pursuant to Public Resources Code Section 20181(a) and State CEQA Guidelines Section 15091(a),
the City hereby finds that changes or alterations have been required in, or incorporated into, the project
that avoid or substantially lessen the significant effect on the environment to below a level of significance.
Supportive Evidence: Please refer to DEIR pages 4.12-6 through 4.12-8.
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Section 6: Alternatives to the Proposed Project
CEQA requires that an EIR describe a range of reasonable alternatives to the project, or to the location of
the project, that could feasibly attain the basic objectives of the project, and to evaluate the comparative
merits of the alternatives (14 CCR 15126.6[a]). The CEQA Guidelines direct that the selection of
alternatives be governed by “a rule of reason” (14 CCR 15126.6[a], [f]). As defined by the CEQA Guidelines,
“The range of alternatives required in an EIR is governed by a ‘rule of reason’ that requires the EIR to set
forth only those alternatives necessary to permit a reasoned choice. The alternatives shall be limited to
ones that would avoid or substantially lessen any of the significant effects of the project. Of those
alternatives, the EIR needs to examine in detail only the ones that the Lead Agency determines could
feasibly attain most of the basic objectives of the project” (14 CCR 15126.6[f]). The Project objectives are
set forth in DEIR Section 6.3. The Project’s unavoidable significant impacts are set forth in DEIR Section 6.4.
The Alternative Project and 100% E-Commerce Worst Case Scenario Projects referenced above were not
analyzed in the EIR as Project alternatives for purposes of CEQA Guidelines Section 15126.6. Instead, they
were analyzed at a project-level of detail in conjunction with the Project to provide the applicant and
decision-makers additional information and analysis of alternative project site plans.
Alternatives Rejected from Further Consideration
The CEQA Guidelines provide that this EIR should “identify any alternatives that were considered by the
Lead Agency but were rejected as infeasible during the scoping process and briefly explain the reasons
underlying the Lead Agency’s determination” (14 CCR 15126.6[c]). The following is a discussion of the
proposed project alternatives developed during the scoping and planning process and the reasons they
were not selected for detailed analysis in this EIR.
With respect to the feasibility of potential alternatives to the proposed project, CEQA Guidelines
§ 15126.6(t)(l) states, “Among the factors that may be taken into account when addressing the feasibility
of alternatives are site suitability, economic viability, availability of infrastructure, general plan
consistency, other plans or regulatory limitations, jurisdictional boundaries . . . and whether the
proponent can reasonably acquire, control or otherwise have access to the alternative site.”
In determining an appropriate range of project alternatives to be evaluated in this EIR, a number of
possible alternatives were initially considered and then rejected. Project alternatives were rejected
because they could not accomplish the basic objectives of the proposed Project; they would not have
resulted in a reduction of significant adverse environmental impacts; or they were considered infeasible
to construct or operate.
The following alternative has been rejected from further consideration:
Alternative Sites
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In the case of the proposed Project, an alternative site is not considered applicable or feasible, as the
Project Applicant does not control other undeveloped property of similar size within the City or in the
immediate area. Additionally, there are very few remaining developable sites in the City that are
approximately commensurate in size to the Project. Further, due to the lack of significant environmental
impacts identified during Project analysis, an alternative site would not be likely to substantially reduce
any potential impact created by Project implementation. For the above reasons, the Alternative Site
Alternative was rejected from further consideration.
Alternatives Selected for Further Analysis
The following alternatives were addressed in the DEIR:
1. The No Project Alternative
2. The No Annexation Alternative
3. The Reduced Footprint Alternative
Alternative 1: “No Project” Alternative
Description: Consistent with CEQA Guidelines Section 15126.6, the No Project Alternative assumes that
the existing land uses and condition of the Project sites at the time the NOP was published
(September 3, 2020) would continue to exist without the Project. The No Project Alternative assumes the
Project would not be implemented and land uses and other improvements would not be constructed. This
Alternative serves as the baseline against which the effects of the Project and other Project alternatives
are evaluated. Under this Alternative, none of the proposed improvements would occur. However,
development allowed by right under the existing Industrial Employment District, Regional Industrial and
General Industrial (I-G) General Plan designation within each jurisdiction, could occur. The existing zoning
would allow for industrial development, but the parcels would remain within multiple jurisdictional
boundaries. Access to the site is from Napa Street, currently a County of San Bernardino road.
Finding: The City finds that specific economic, legal, social, technological, or other considerations make
this alternative infeasible. Although the No Project Alternative would generate lower amounts of
environmental impacts, this alternative would meet none of the Project’s objectives.
Supporting Evidence – Please see DEIR Pages 6-6 through 6-11.
Alternative 2: “No Annexation” Alternative
Description: Alternative 2 was developed to eliminate the need for the annexation (and associated Pre-
zone and GPA) of a portion of Assessor Parcel Number (APN) 0229-291-23 (not a part of the development
project and not analyzed in this EIR) and the whole of APN 0229-291-46, each located in unincorporated
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San Bernardino County along the southern Project boundary. This Alternative, inclusive of the Project and
Alternate Project, would develop APN 0229-291-54 in accordance with the existing Industrial Employment
(IE) land use zoning classification and Industrial Employment District General Plan land use designation.
This Alternative would develop the new public street constructed east of Etiwanda Creek along the west
property line. The public street would be constructed per City standards and dedicated to the City.
Alternative 2 would be subject to the same development standards as the Project including parking,
setback, and landscape requirements. The development of parcel APN 0229-291-46 for parking, site
improvements, landscaping, driveways and roadways would occur within the County of San Bernardino
to support the Project.
Finding: The City finds that specific economic, legal, social, technological, or other considerations make
this alternative infeasible. The No Annexation Alternative would generate equal amounts of
environmental impacts. As well, this alternative would meet all of the Project’s objectives. However,
implementation of this alternative would not include the consistent establishment of land use
designation/zoning classifications and jurisdictional boundaries and would require review of the project
by both the County and the City. This could delay the anticipated rate of development and make
development of the site inconsistent as the development standards within each boundary would be based
on development criteria unique to each jurisdiction.
Supporting Evidence – Please see DEIR Pages 6-11 through 6-19.
Alternative 3: “Reduced Footprint” Alternative
Description: This Alternative would reduce the overall development footprint within the Project site by
50 percent. Building A would be approximately 250,324 sf and Building B would be approximately 77,615
sf. This Alternative would result in smaller warehouse buildings and associated parking and landscaped
areas and would concentrate development on the southerly/easterly end of the Project site, avoiding the
areas not presently disturbed by Auto Club Speedway overflow parking. This Alternative would reduce
overall impacts to the site.
Finding: The City finds that specific economic, legal, social, technological, or other considerations make
this alternative infeasible. The Reduced Footprint Alternative would generate overall lower amounts of
environmental impacts. As well, this alternative would meet most of the Project’s objectives. Specifically,
this Alternative with a smaller warehouse would not meet Project objective (2) Implement the City’s
desire to create revenue-generating uses.
Supporting Evidence – Please see DEIR Pages 6-19 through 6-24.
Environmentally Superior Alternative
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Section 15126.6(e)(2) of the CEQA Guidelines requires that an environmentally superior alternative be
designated and states that if the environmentally superior Alternative is the No Project Alternative, the
EIR shall also identify an environmentally superior alternative among the other alternatives. Based on the
summary of information presented in Section 6 of the DEIR, the environmentally superior Alternative is
Alternative 1: No Project Alternative. Because Alternative 1 would leave the Project site essentially
unchanged and would not have the operational effects that would be associated with any of the
alternatives, this Alternative has fewer environmental impacts than the Project or any of the other
alternatives.
Section 15126.6(e)(2) of the State CEQA Guidelines states that if the “No Project” alternative is found to
be environmentally superior, “the EIR shall also identify an environmentally superior alternative among
the other alternatives.” Aside from the No Project Alternative, Alternative 3: Reduced Footprint
Alternative would have the least environmental impacts because it would develop less of the Project area,
result in a reduction of vehicle trips and would incrementally reduce impacts to resource areas; such as
air quality, greenhouse gas emissions, noise, and traffic.
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Section 7: Additional CEQA Considerations
Significant and Irreversible Environmental Changes (DEIR Section 5.1)
The Project would consume limited, slowly renewable, and non-renewable resources. Fossil fuels would
be used by construction vehicles and heavy equipment during the construction period and by vehicles and
equipment used during Project operations. Though the Project would endeavor to utilize fossil fuels
efficiently, their use would be vital for construction and operations activities, making their nonuse
unlikely. However, the Project would not require the continued use of fossil fuels after at the end of its
operational life. The Project would also require the commitment of land on which the Project would be
developed for industrial use. None of the proposed improvements are incapable of removal or nonuse
after the end of the Project. Although changes to the Project parcels are designed to remain for the life of
the Project and beyond, these changes may be amendable by future uses beyond the life of the proposed
Project.
The majority of identified impacts were anticipated to create a less than significant impact or no impact.
The Project’s potential impacts, though, would not commit future generations to similar uses. Although
the Project would be developed in a HI land use zone, the Project does not actually propose uses beyond
warehousing and office uses. The land on which the Project would be constructed would be graded and
developed for large-scale buildings. However, the development activities would not affect the land in such
a way that other structures could not be developed there in the future. The industrial warehousing, or E-
Commerce, nature of the Project is unlikely to lead to impacts that would relegate future generations and
developments to similar uses. The Project would also comply with any relevant environmental policy
regarding the storage and disposal of hazardous materials. Through this compliance the Project would
minimize the potential for any environmental impacts due to accidental discharges. Mitigation measures
have also been proposed to further prepare for potential environmental hazards. With the addition of
mitigation and compliance with federal, state, and regional regulations and laws, the Project is not
expected to produce accidents that would pose an irreversible risk to the surrounding environment. The
Project was also determined to produce a less than significant impact to public services such as police and
fire protection.
Growth Inducing Impacts (DEIR Section 5.2)
The Project is intended to develop a warehousing facility. In regard to economic growth, the Project will
not directly create significant economic growth within the City. However, the Project site may cause an
indirect economic growth due to its development. While the Project site would generate revenue to the
City through taxes on its revenue, comparative to the City overall it is a relatively small increase.
Construction of the Project site would generate employment consistent with other similar construction
activities, and only temporarily until construction activities are complete. Most construction workers
would be anticipated to come from within the City or from the nearby region, which already has a
population of substantial size to supply the needed workers.
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It was concluded that the Project would potentially generate approximately 1,172 employees and the
Alternate Project would generate approximately 750 employees. This would be less than the City’s
10,600-person unemployed population as estimated by the EDD. The Project would, therefore, not
necessarily spur a boost in population since the employees could be found within the City’s existing
unemployment numbers. As well, the Project is not expected to directly affect the housing availability
within the City since no new housing units or renovations to existing housing units are included as
objectives. Indirectly, the Project could affect housing stock due to the expansion of the City’s economic
potential.
The Project would request a GPA to designate the area north of Napa Street, west of the San Sevaine
Channel to East Etiwanda Creek and within the County of San Bernardino to Industrial Employment District
Land Use designation consistent with the Industrial Employment District land use designation to the north
within the City of Rancho Cucamonga limits. The existing and proposed land use and zoning designations
do not allow for the development of residential development. The obstacle to population growth under
existing conditions is due to the existing zoning/land use designation, and this obstacle would remain with
the proposed GPA and Pre-zone; therefore, the Project would not remove obstacles to population growth.
The proposed Project would include new infrastructure improvements to allow for the use of resources
such as electricity and water, and potentially natural gas. The environmental impacts associated with the
facility improvements associated with the proposed Project have been analyzed in DEIR Section 4.1, Air
Quality through Section 4.13, Utilities and Service Systems. As concluded in those sections, no significant
unavoidable impacts were discovered through the development of the Project. In the presence of
potentially significant impacts which were not minimized by the Project Design Features, mitigation
measures have been proposed which, when implemented, would further reduce potential impacts
stemming from the proposed Project’s development to less than significant levels. Further, the Project
would not require the expansion of utility facilities such as water treatment plants or landfills. Adequate
capacity was concluded for each of those facilities. As well, no cumulative impacts were discovered during
the analysis of the Project.
Mandatory Findings of Significance (DEIR Section 5.3)
In regard to habitats and wildlife, it was concluded that the Project site had a low capability to harbor
special status plants and animals. Nevertheless, mitigation was proposed in the section to further reduce
the risk to special status species. Regarding impacts to cultural and historical resources, no recorded
historic or prehistoric resources were identified within the Project site. Further, mitigation proposed
within the section would include the retainment of a professional archaeologist and paleontologist to
further minimize potential effects to the City’s historical and prehistorical resources, in the unlikely event
that cultural or paleontological resources are exposed during construction of the Project.
The Project would not achieve short term environmental goals to the detriment of long term
environmental goals. The Project and Alternate Project would occupy an area previously undeveloped and
vacant. This area would then be developed and used. This would assist the short term goal of the Project
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by providing an area for the development of warehousing and the associated parking and landscaping
improvements and facilitating the usage of the Project site by the Applicant. The Project area is in an area
of the City designated for industrial land uses. As a warehousing project proposed at a scale that is
considered regionally significant according to CEQA Guidelines Section 15206(b), the uses incorporated in
the Project would align with the intended uses for the Project area and with the City’s long-term goals as
outlined in the Rancho Cucamonga GP Land Use Element. In addition, no significant and unavoidable
impacts would occur from the Project that would result in a long-term impact on the environment.
Regarding cumulatively considerable impacts, the DEIR provides a cumulative impact analysis for all
thresholds that result in a less than significant impact, a potentially significant impact unless mitigated, or
a significant and unavoidable impact. Cumulative impacts are addressed for each of the environmental
topics listed above and are provided in DEIR Sections 4.1 through 4.13. Where the Project may result in
cumulatively considerable impacts that are significant and unavoidable, these are summarized in the
respective DEIR section. No significant and unavoidable impacts were identified.
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Section 8: General CEQA Findings
The City hereby finds as follows:
1) The foregoing statements are true and correct;
2) The City is the “Lead Agency” for the Project evaluated in the CEQA Documents and
independently reviewed and analyzed in the DEIR and FEIR for the Project;
3) The Notice of Preparation of the DEIR was circulated for public review. It requested that
responsible agencies respond as to the scope and content of the environmental information
germane to that agency’s specific responsibilities;
4) The public review period for the DEIR was for 45 days between June 29, 2021 and
August 13, 2021. The DEIR and appendices were available for public review during that time. A
Notice of Completion and copies of the DEIR were sent to the State Clearinghouse, and notices
of availability of the DEIR were published by the City. The DEIR was available for review on the
City’s website. Physical copies of the environmental documents are available at the City of
Rancho Cucamonga Planning Department.
5) The CEQA Documents were completed in compliance with CEQA;
6) The CEQA Documents reflect the City’s independent judgment;
7) The City evaluated comments on environmental issues received from persons who reviewed
the DEIR. In accordance with CEQA, the City prepared written responses describing the
disposition of significant environmental issues raised. The FEIR provided adequate, good faith
and reasoned responses to the comments. The City reviewed the comments received and
responses thereto and has determined that neither the comments received nor the responses
to such comments add significant new information to the DEIR regarding adverse
environmental impacts. The City has based its actions on full appraisal of all viewpoints,
including all comments received up to the date of adoption of these Findings, concerning the
environmental impacts identified and analyzed in the FEIR.
8) The City finds that the CEQA Documents, as amended, provide objective information to assist
the decision-makers and the public at large in their consideration of the environmental
consequences of the Project. The public review period provided all interested jurisdictions,
agencies, private organizations, and individuals the opportunity to submit all comments made
during the public review period;
9) The CEQA Documents evaluated the following impacts: (1) air quality; (2) biological resources;
(3) cultural resources; (4) energy; (5) geology and soils; (6) greenhouse gas emissions;
(7) hazards and hazardous materials; (8) hydrology and water quality; (9) land use and
planning; (10) noise; (11) transportation; (12) tribal cultural resources; and (13) utilities and
service systems. Additionally, the CEQA Documents considered, in separate sections, any
potential significant irreversible environmental changes and growth-inducing impacts of the
Project, as well as effects found not to be significant and a reasonable range of project
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alternatives. All of the significant environmental impacts of the Project were identified in the
CEQA Documents;
10) The MMRP includes all of the mitigation measures identified in the CEQA Documents and has
been designed to ensure compliance during implementation of the Project. The MMRP
provides the steps necessary to ensure that the mitigation measures are fully enforceable;
11) The MMRP designates responsibility and anticipated timing for the implementation of
mitigation; the City’s Community Development Director will serve as the MMRP
Coordinator;
12) In determining whether the Project may have a significant impact on the environment, and
in adopting these Findings pursuant to Section 21081 of CEQA, the City has complied with
CEQA Sections 21081.5 and 21082.2;
13) The impacts of the Project have been analyzed to the extent feasible at the time of certification
of the CEQA Documents;
14) The City made no decisions related to approval of the Project prior to the initial
recommendation of certification of the CEQA Documents. The City also did not commit to a
definite course of action with respect to the Project prior to the initial consideration of the
CEQA Documents.
15) Copies of all the documents incorporated by reference in the CEQA Documents are and have
been available upon request at all times at the offices of the City of Rancho Cucamonga
Planning Department, the custodian of record for such documents or other materials;
16) The responses to the comments on the DEIR, which are contained in the FEIR, clarify and
amplify the analysis in the DEIR;
17) Having reviewed the information contained in the CEQA Documents and in the administrative
record, the City finds that there is no new significant information regarding adverse
environmental impacts of the Project in the FEIR; and
18) Having received, reviewed and considered all information and documents in the CEQA
Documents, as well as all other information in the record of proceedings on this matter, these
Findings are hereby adopted by the City in its capacity as the CEQA Lead Agency.
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Section 9: Findings Regarding Recirculation
The City finds that the DEIR does not require recirculation under CEQA (PRC § 21092.1 and CEQA
Guidelines § 15088.5). CEQA Guidelines § 15088.5 requires recirculation of an EIR prior to certification of
the FEIR when “significant new information is added to the EIR after public notice is given of the availability
of the draft EIR for public review.” As described in CEQA Guidelines § 15088.5:
New information added to an EIR is not “significant” unless the EIR is changed in a way that deprives the
public of a meaningful opportunity to comment upon a substantial adverse environmental effect of the
project or a feasible way to mitigate or avoid such an effect (including a feasible project alternative) that
the project’s proponents have declined to implement. “Significant new information” requiring
recirculation includes, for example, a disclosure showing that:
1. A new significant environmental impact would result from the project or from a new mitigation
measure proposed to be implemented;
2. A substantial increase in the severity of an environmental impact would result unless mitigation
measures are adopted that reduce the impact to a level of insignificance;
3. A feasible project alternative or mitigation measure considerably different from others
previously analyzed would clearly lessen the significant environmental impacts of the project,
but the project’s proponents decline to adopt it;
4. The DEIR was so fundamentally and basically inadequate and conclusory in nature that
meaningful public review and comment were precluded.
In addition, CEQA Guidelines § 15088.5(b) provides that “recirculation is not required where the new
information added to the EIR merely clarifies and amplifies or makes insignificant modifications in an
adequate EIR.” Recirculation also is not required simply because new information is added to the EIR —
indeed, new information is oftentimes added given CEQA’s public/agency comment and response process
and CEQA’s post-DEIR circulation requirement of proposed responses to comments submitted by public
agencies. In short, recirculation is “intended to be an exception rather than the general rule.”
(Laurel Heights Improvement Assn. v. Regents of University of California (1993) 6 Cal.4th 1112, 1132).
As such, the City makes the following Findings:
1. None of the public comments submitted to the City regarding the DEIR present any significant
new information that would require the DEIR to be recirculated for public review.
2. No new or modified mitigation measures are proposed that would have the potential to create
new significant environmental impacts.
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3. The DEIR adequately analyzed project alternatives and there are no feasible project alternatives
or mitigation measures considerably different from others previously analyzed that would
clearly lessen the significant environmental impacts of the project.
4. The DEIR was not fundamentally and basically inadequate and conclusory in nature and did not
preclude meaningful public review and comment.
In this legal context, the City finds that recirculation of the DEIR prior to certification is not required. In
addition to providing responses to comments, the FEIR includes revisions to expand upon information
presented in the DEIR (FEIR, Responses to Comments, Section 3, Errata, Appendices); explain or enhance
the evidentiary basis for the DEIR’s findings; update information; and to make clarifications,
amplifications, updates, or helpful revisions to the DEIR. The FEIR’s revisions, clarifications and/or updates
do not result in any new significant impacts or increase the severity of a previously identified significant
impact.
In sum, the FEIR demonstrates that the proposed Project would not result in any new significant impacts
or increase the severity of a significant impact, as compared to the analysis presented in the DEIR. The
changes reflected in the FEIR also do not indicate that meaningful public review of the DEIR was precluded
in the first instance. Accordingly, recirculation of the EIR is not required as revisions to the EIR are not
significant as defined in § 15088.5 of the CEQA Guidelines.
Section 10: Legal Effects of Findings
To the extent that these Findings conclude that the proposed mitigation measures outlined in herein are
feasible and have not been modified, superseded, or withdrawn, the City hereby commits to
implementing these measures. These Findings, in other words, are not merely informational, but rather
constitute a binding set of obligations that will come into effect when the City approves the proposed
Project.
The mitigation measures that are referenced herein and adopted concurrently with these Findings will be
effectuated through the process of construction and implementation of the proposed Project.
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Exhibit B
Mitigation Monitoring and Reporting Program
Mitigation Monitoring and
Reporting Program
Speedway Commerce Center Project
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Section 1: Authority
This environmental Mitigation Monitoring and Reporting Program (Program) has been prepared
pursuant to §21081.6 of the California Environmental Quality Act (CEQA) (Public Resources Code
§21000 et seq.), and CEQA Guidelines (14 Cal. Code Regs. §15000 et seq.) §§15091(d) and
15097, to ensure implementation of and provide for the monitoring of mitigation measures required
of the Speedway Commerce Center Project (Project), as set forth in the Final Environmental
Impact Report (FEIR) prepared for the Project. This report will be kept on file in the offices of the
CEQA Lead Agency, the City of Rancho Cucamonga (City).
As noted in the EIR, the Project has been designed to avoid sensitive resources, as reflected in
Project design plans and in Project Design Features (PDFs). The EIR also addresses the potential
environmental impacts of the Project, and, where appropriate, recommends mitigation measures
to avoid or substantially lessen significant environmental impacts. The Program detailed in the
matrix table below is designed to monitor and ensure implementation of all mitigation measures
that are adopted for the Project.
The City is the Lead Agency for the Project and assumes ultimate enforcement responsibilities
for implementation of all mitigation measures listed in this Program. The City may assign
responsibility for implementation or monitoring to appropriate designees such as a construction
manager or third-party monitor. However, as the Lead Agency, the City remains responsible for
ensuring that implementation of the mitigation measures occurs in accordance with this Program.
In some cases, the City is required to secure permits or approvals from third-party agencies in
order to implement a mitigation measure. In these cases, the City is responsible for verifying that
such permits or approvals have been obtained in accordance with the conditions stipulated in the
mitigation measure. The City’s existing planning, engineering, operations, and procurement
review and inspection processes will be used as the basic foundation for the Program procedures
and will also serve to provide the documentation for the reporting program.
Section 2: Monitoring Schedule
Prior to construction, while detailed designplans are being prepared by City staff or its agents,
Citystaff will be responsible for ensuring compliance with mitigation monitoring applicable to the
Project construction, development, and design phases. Once construction has begun and is
underway, monitoring of the mitigation measures associated with construction will be included in
the responsibilities of City staff, who shall prepare or cause to be prepared periodic monitoring
reports, as appropriate. Regulatory agencies will have to harmonize CEQA mitigation with
regulatory permit conditions and monitoring/reporting as part of the regulatory permitting process
and will likely require submittal of formal monitoring reports. Once construction has been
completed, the City will monitor the Project as specified in the mitigation measures.
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Section 3: Support Documentation
Findings and related documentation supporting the findings involving modifications to mitigation
measures shall be maintained in the Project file with the Program and shall be made available to
the public upon request.
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Section 4: Format of Mitigation Monitoring Matrix
The mitigation monitoring matrix on the following pages identifies the environmental issue areas
for which monitoring is required, the required mitigation measures, the time frame for monitoring,
and the responsible implementing and monitoring agencies.
Section 5: Definitions
The following list provides definitions for acronyms used in the mitigation monitoring and reporting
program.
Acronyms/Abbreviation Description
AES Aesthetics AQ Air Quality
ARB Air Resources Board
BACT Best Available Control Technology
BIO Biological Resources
BMP Best Management Practice
CC&Rs Covenants, Conditions, and Restrictions
CCR California Code of Regulations
CDFW California Department of Fish and Wildlife
CEQA California Environmental Quality Act
CFD Community Facilities Districts
CFR Code of Federal Regulations
CGC California Government Code
CRMP Cultural Resources Monitoring Plan
CTR Commute Trip Reduction
CUL Cultural Resources
DBESP Determination of Biologically Equivalent or Superior Preservation
DEIRDraft Environmental Impact Report
DTSC Department of Toxic Substances Control
EIR Environmental Impact Report
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ESA environmental site assessment
EV electronic vehicle
FMZ fuel modification zone
GEO Geology and Soils
GHGGreenhouse Gas
GP General Plan
HANS Habitat Evaluation and Acquisition Negotiation Strategy
HAZ Hazards and Hazardous Materials
HSC Health and Safety Code
HVAC heating, ventilation, and air conditioning
HYD Hydrology and Water Quality
JD Jurisdictional Delineation
MC municipal code
MM mitigation measure
MOUMemorandum of Understanding
mph miles per hour
NOI Noise
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NOI Notice of Intent
NPDES National Pollutant Discharge Elimination System
O&MOperations & Management
PRC Public Resources Code
PRD Permit Registration Documents
SCAQMD South Coast Air Quality Management City
SMARTS Storm Water Multiple Application and Report Tracking System
SWPPP Stormwater Pollution Prevention Plan
TDM Transportation Demand Management
TIA Traffic Impact Analysis
TRAN Transportation
U.S. EPA U.S. Environmental Protection Agency
USACE U.S. Army Corps of Engineers
USFWS U.S. Fish and Wildlife Service
VOC volatile organic compound
WEAP Worker Environmental Awareness Program
WH Wildfire Hazards
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Mitigation Monitoring and Reporting
Program
Mitigation Measures
Responsibility for
Implementation
Timing of
Implementation
Responsibility for
Monitoring and Verification
City Verification
of Compliance
(Date/Initials)
AIR QUALITY
MM AQ-1: Prior to issuance of occupancy permits for the Project, the
Project operator shall prepare and submit a Transportation Demand
Management (TDM) program for review and approval of the City of
Rancho Cucamonga detailing strategies that would reduce the use of
single-occupant vehicles by employees by increasing the number of trips
by walking, bicycle, carpool, vanpool and transit. The TDM shall include,
but is not limited to the following:
Provide a transportation information center and on-site TDM
coordinator to educate residents, employers, employees, and
visitors of surrounding transportation options;
Promote bicycling and walking through design features such as
showers for employees, self-service bicycle repair area, etc. around
the project site;
Provide on-site car share amenities for employees who make only
occasional use of a vehicle, as well as others who would like
occasional access to a vehicle of a different type than they use day-
to-day;
Promote and support carpool/vanpool/rideshare use through
parking incentives and administrative support, such as ride-
matching service; and
Incorporate incentives for using alternative travel modes, such as
preferential load/unload areas or convenient designated parking
spaces for carpool/vanpool users.
Provide meal options on-site or shuttles between the facility and
nearby meal destinations.
Project Applicant Prior to issuance
of occupancy
permits
City of Rancho Cucamonga
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Mitigation Measures
Responsibility for
Implementation
Timing of
Implementation
Responsibility for
Monitoring and Verification
City Verification
of Compliance
(Date/Initials)
MM AQ-2: For the Project, electrical hookups shall be provided at all
loading bays for truckers to plug in any onboard auxiliary equipment and
power refrigeration units while their truck is stopped.
Project Applicant Prior to issuance
of occupancy
permits
City of Rancho Cucamonga
MM AQ-3: All truck access gates and loading docks (both interior- and
exterior-facing signs) within the Project site shall have a sign posted that
states:
Truck drivers shall turnoff engines when not in use.
Truck drivers shall shut down the engine after five minutes of
continuous idling operation. Once the vehicle is stopped, the
transmission is set to “neutral” or “park,” and the parking brake is
engaged.
Telephone numbers of the building facilities manager and CARB to
report Violations.
Project Applicant Prior to issuance
of occupancy
permits
City of Rancho Cucamonga
MM AQ-4: The Project will require contractors and building operator(s)
(by contract specifications) to utilize on-road heavy-duty diesel trucks
with a gross vehicle weight rating greater than 14,000 pounds to meet or
exceed 2010 engine emission standards or to be equipped with a
particulate matter trap (as available) or to be powered by natural gas,
electricity, or other diesel alternative.
Project Applicant Prior to issuance
of occupancy
permits
City of Rancho Cucamonga
MM AQ-5: Prior to the issuance of building permits for the Project, the
City of Rancho Cucamonga Building and Safety Department shall confirm
that applicable Project plans and specifications indicate that refrigerated
space for the Project does not exceed 56,000 square feet.
Project Applicant Prior to the
issuance of
building permits
City of Rancho Cucamonga
Building and Safety
Department
MM AQ-6: Post signs at every truck exit driveway providing directional
information to the truck route, so that trucks will not travel on Arrow
Route and Foothill Boulevard next to or near sensitive land uses (e.g.,
residences).
Project Applicant Prior to the
issuance of
building permits
City of Rancho Cucamonga
Building and Safety
Department
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Mitigation Measures
Responsibility for
Implementation
Timing of
Implementation
Responsibility for
Monitoring and Verification
City Verification
of Compliance
(Date/Initials)
MM AQ-7: The Applicant shall make its tenants aware of the funding
opportunities, such as the Carl Moyer Memorial Air Quality Standards
Attainment Program (Moyer Program), and other similar funding
opportunities, by providing applicable literature available from the
California Air Resources Board (CARB). The Moyer Program On-Road
Heavy-Duty Vehicles Voucher Incentive Program (VIP) provides funding
to individuals seeking to purchase new or used vehicles with 2013 or
later model year engines to replace an existing vehicle that is to be
scrapped.
Project Applicant Prior to issuance
of occupancy
permits
City of Rancho Cucamonga
Building and Safety
Department
BIOLOGICAL RESOURCES
MM BIO-1: In accordance with the CDFG Staff Report on Burrowing Owl
(2012), a qualified biologist shall conduct a pre-construction
presence/absence survey for burrowing owls between 30 and 14 days
prior to site disturbance. If burrowing owls are detected on-site, the
qualified biologist shall contact California Department of Fish and
Wildlife (CDFW) and conduct an impact assessment in accordance with
Staff Report on Burrowing Owl Mitigation prior to commencing project
activities to determine appropriate mitigation, including the acquisition
and conservation of occupied replacement habitat at no less than a 2:1
ratio and the owls shall be relocated/excluded from the site outside of
the breeding season following accepted protocols, and subject to
approval by CDFW. A qualified biologist shall prepare and submit a
passive relocation program in accordance with Appendix E (i.e., Example
Components for Burrowing Owl Artificial Burrow and Exclusion Plans) of
the CDFW’s Staff Report on Burrowing Owl Mitigation (CDFG 2012) for
CDFW review/approval prior to the commencement of disturbance
activities on-site. When a qualified biologist determines that burrowing
owls are no longer occupying the Project site and passive relocation is
complete, construction activities may begin. A final letter report shall be
prepared by the qualified biologist documenting the results of the
passive relocation. The letter shall be submitted to CDFW.
Prior to passive relocation, suitable replacement burrows site(s) shall be
provided within adjacent open space lands and/or other off-site lands,
Project Biologist Prior to ground-
disturbing
activities
City of Rancho Cucamonga
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Responsibility for
Implementation
Timing of
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Monitoring and Verification
City Verification
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(Date/Initials)
as approved by CDFW at a ratio of 2:1 and permanent conservation and
management of burrowing owl habitat such that the habitat acreage,
number of burrows and burrowing owl impacts are replaced consistent
with the Staff Report on Burrowing Owl Mitigationincludingits Appendix
A within designated adjacent conserved lands identified through
coordination with CDFW. A qualified biologist shall confirm the natural
or artificial burrows on the conservation lands are suitable for use by the
owls. Monitoring and management of the replacement burrow site(s)
shall be conducted and a reporting plan shall be prepared. The objective
shall be to manage the replacement burrow sites for the benefit of
burrowing owls (e.g., minimizing weed cover), with the specific goal of
maintaining the functionality of the burrows for a minimum of 2 years.
MM BIO-2: Vegetation clearing should be conducted outside of the
nesting season (typically February 1 through August 31). If avoidance of
the nesting season cannot be accomplished, then a qualified biologist
shall conduct a nesting bird survey in all suitable areas including trees,
shrubs, bare ground, burrows, cavities, and structures, at the
appropriate time of day/night, during appropriate weather conditions
within three days prior any disturbance of the site, including disking and
grading. Pre-construction surveys shall focus on both direct and indirect
evidence of nesting, including nest locations and nesting behavior (e.g.,
copulation, carrying of food or nest materials, nest building, removal of
fecal sacks, flushing suddenly from atypically close range, agitation,
aggressive interactions, feigning injury or distraction displays, or other
behaviors). If active nests are identified, the biologist shall establish
suitable buffers around the nests, and the buffer areas shall be avoided
until the nests are no longer occupied and the juvenile birds can survive
independently from the nests. Typically established buffers are greater
for raptors than songbirds and depend upon the species, the nesting
stage, and type of construction activity proposed. The buffer should
generally be a minimum of 300 feet for raptors and 100 feet for
songbirds; unless a smaller buffer is specifically determined by a
Project Biologist Prior to ground-
disturbing
activities
City of Rancho Cucamonga
Mitigation Measures
Responsibility for
Implementation
Timing of
Implementation
Responsibility for
Monitoring and Verification
City Verification
of Compliance
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qualified biologist familiar with the nesting phenology of the nesting
species.
CULTURAL RESOURCES
MM CUL-1: In the unlikely event that cultural resources, as identified by
a qualified historian or archaeologist, are exposed during construction of
the Project, all ground disturbing activities within 100-feet of the
potential resource(s) shall be suspended. A qualified archaeologist,
meeting the Secretary of the Interior’s Professional Qualification
Standards, shall evaluate the significance of the find and determine
whether or not additional study is warranted. Depending upon the
significance of the find, the archaeologist may simply record the find and
allow work to continue. If the discovery proves significant under CEQA,
additional work, such as preparation of an archaeological treatment
plan, testing, or data recovery, may be warranted and shall be submitted
to the Development Services Director or his/her designee. If the
resource(s) are determined to be Native American in origin, the Project
archaeologist shall notify the appropriate Native American Tribe(s) from
a list provided by the City.
Project
Archeologist
Prior to issuance
of grading permit
City of Rancho Cucamonga
GEOLOGY AND SOILS
MM GEO-1: Prior to the issuance of any grading permit or building
permit, City Staff shall review all Project plans involving grading,
foundation, structural, infrastructure, and all other relevant construction
to ensure compliance with the applicable recommendations from the
Geotechnical Investigation and other applicable Code requirements.
Specific design considerations as outlined in the Geotechnical
Investigation included in Appendix D shall be implemented to minimize
the risk for geological hazards included in the Project construction plans.
Project Applicant Prior to issuance
of grading and
building permit
City of Rancho Cucamonga
MM GEO-2: Worker’s Environmental Awareness Program (WEAP).
Prior to the start of the proposed Project activities, all field personnel
will receive a worker’s environmental awareness training on
paleontological resources. The training will provide a description of the
Project Applicant
and Qualified
Paleontologist
Prior to the start
of the proposed
Project activities
City of Rancho Cucamonga
Mitigation Measures
Responsibility for
Implementation
Timing of
Implementation
Responsibility for
Monitoring and Verification
City Verification
of Compliance
(Date/Initials)
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laws and ordinances protecting fossil resources, the types of fossil
resources that may be encountered in the Project area, the role of the
paleontological monitor, outline steps to follow in the event that a fossil
discovery is made, and provide contact information for the Project
Paleontologist. The training will be developed by the Project
Paleontologist and can be delivered concurrent with other training
including cultural, biological, safety, etc.
MM GEO-3: Paleontological Mitigation Monitoring. Prior to the
commencement of ground-disturbing activities, a professional
paleontologist, defined as a paleontologist who meets the Society of
Vertebrate Paleontology standards for Qualified Professional
Paleontologist, will be retained by the Project Applicant to prepare and
implement a Paleontological Resources Mitigation and Monitoring Plan
(PRMMP) for the proposed Project. The PRMMP will describe the
monitoring required during excavations that extend into older
Quaternary (Pleistocene) age sediments, and the location of areas
deemed to have a high paleontological resource potential. The City shall
have final review and approval of the PRMMP. Monitoring will entail the
visual inspection of excavated or graded areas and trench sidewalls. If
the Project Paleontologist determines full-time monitoring is no longer
warranted, based on the geologic conditions at depth, he or she may
recommend that monitoring be reduced or cease entirely.
Project Applicant
and Qualified
Paleontologist
Prior to the
commencement of
ground-disturbing
activities
City of Rancho Cucamonga
MM GEO-4: Fossil Discoveries. In the event that a paleontological
resource is discovered, the monitor will have the authority to
temporarily divert the construction equipment around the find until it is
assessed for scientific significance and, if appropriate, collected. If the
resource is determined to be of scientific significance, the Project
Paleontologist shall complete the following:
1. Salvage of Fossils. If fossils are discovered, all work in the immediate
vicinity should be halted to allow the paleontological monitor,
and/or Project Paleontologist to evaluate the discovery and
determine if the fossil may be considered significant. If the fossils
Project
Paleontologist
During the
discovery of a
paleontological
resource
Paleontological monitor
and/or Project
Paleontologist
Mitigation Measures
Responsibility for
Implementation
Timing of
Implementation
Responsibility for
Monitoring and Verification
City Verification
of Compliance
(Date/Initials)
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are determined to be potentially significant, the Project
Paleontologist (or paleontological monitor) should recover them
following standard field procedures for collecting paleontological as
outlined in the PRMMP prepared for the project. Typically, fossils
can be safely salvaged quickly by a single paleontologist and not
disrupt construction activity. In some cases, larger fossils (such as
complete skeletons or large mammal fossils) require more extensive
excavation and longer salvage periods. In this case the
paleontologist should have the authority to temporarily.
2. Fossil Preparation and Curation. The PRMMP will identify the
museum that has agreed to accept fossils that may be discovered
during project-related excavations. Upon completion of fieldwork,
all significant fossils collected will be prepared in a properly
equipped laboratory to a point ready for curation. Preparation may
include the removal of excess matrix from fossil materials and
stabilizing or repairing specimens. During preparation and
inventory, the fossils specimens will be identified to the lowest
taxonomic level practical prior to curation at an accredited museum.
The fossil specimens must be delivered to the accredited museum
or repository no later than 90 days after all fieldwork is completed.
The cost of curation will be assessed by the repository and will be
the responsibility of the client.
MM GEO-5: Final Paleontological Resources Mitigation Monitoring
Report. Upon completion of ground-disturbing activity (and curation of
fossils if necessary) the Project Paleontologist should prepare a final
mitigation and monitoring report outlining the results of the
paleontological resources mitigation and monitoring program, or
PRMMP. The report should include discussion of the location, duration
and methods of the monitoring, stratigraphic sections, any recovered
fossils, and the scientific significance of those fossils, and where fossils
were curated.
Project
Paleontologist
Upon completion
of ground-
disturbing activity
(and curation of
fossils if necessary)
City of Rancho Cucamonga
and the Project
Paleontologist
Mitigation Measures
Responsibility for
Implementation
Timing of
Implementation
Responsibility for
Monitoring and Verification
City Verification
of Compliance
(Date/Initials)
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HAZARDS AND HAZARDOUS MATERIALS
MM HAZ-1: If a proposed use at the Project has a threshold quantity of
a regulated substance greater than as specified by the applicable health
and safety code, the user shall prepare and implement a Hazardous
Materials Risk Management Plan for facilities that store, handle, or use
regulated substances as defined in the California HSC 25532 (g) in excess
of threshold quantities. This plan shall be reviewed and approved by the
San Bernardino County Department of Environmental Health through
the Certified Unified Program Agencies (CUPA) process prior to
implementation as required by the California Accidental Release
Prevention (CalARP) Program.
Project Applicant Prior to issuance
of grading permit
San Bernardino County
Department of
Environmental Health and
the City of Rancho
Cucamonga
MM HAZ-2: If the site development plans involve a net export of soil
from the Project site, a Soil Management Plan shall be prepared by a
qualified hazardous material specialist to manage off-site reuse or
disposal options based on the presence of anthropogenic chemicals in
the soil. The Plan would be submitted to the City for review and
approval.
Project Applicant
and a Qualified
Hazardous Material
Specialist
Prior to
construction
City of Rancho Cucamonga
TRIBAL CULTURAL RESOURCES
MM TCR-1: Tribal Cultural Resources Discovery: The San Manuel Band
of Mission Indians Cultural Resources Department (SMBMI) shall be
contacted, as detailed in TCR-2, of any pre-contact cultural resources
discovered during Project implementation, and be provided information
regarding the nature of the find, so as to provide Tribal input with
regards to significance and treatment. Should the find be deemed
significant, as defined by CEQA (as amended, 2015), a cultural resource
Monitoring and Treatment Plan shall be created by the Project
archaeologist, in coordination with SMBMI, and all subsequent finds
shall be subject to this Plan. This Plan shall allow for a monitor to be
present that represents SMBMI for the remainder of the Project, should
SMBMI elect to place a monitor on-site.
Project Applicant
and a Tribal
monitor/consultant
Prior to the
commencement of
ground-disturbing
activities
City of Rancho Cucamonga
Mitigation Measures
Responsibility for
Implementation
Timing of
Implementation
Responsibility for
Monitoring and Verification
City Verification
of Compliance
(Date/Initials)
Page 304
City of Rancho
Cucamonga
83 November
2021
CITY COUNCIL RESOLUTION NO. 2021-xxx
HILLWOOD ENTERPRISES, L.P., “SPEEDWAY COMMERCE CENTER”, FINAL EIR CERTIFICATION AND CEQA FINDINGS
January 5, 2022
Page 83
MM TCR-2: Archeological/Cultural Documents: Any and all
archaeological/cultural documents created as a part of the Project
(isolate records, site records, survey reports, testing reports, etc.) shall
be supplied to the applicant and Lead Agency for dissemination to
SMBMI. The Lead Agency and/or applicant shall, in good faith, consult
with SMBMI throughout the life of the Project.
Project Applicant Prior to the
commencement of
ground-disturbing
activities
City of Rancho Cucamonga
MM TCR-3: Retain an Archeologist and/or Native American
Monitor/Consultant: The Project Applicant shall be required to retain
and compensate for the services of a Tribal monitor/consultant. The
monitor/consultant will only be present on-site during the construction
phases that involve ground disturbing activities. Ground disturbing
activities are activities that may include, but are not limite do, pavement
removal, pot-holing or auguring, grubbing, tree removals, boring,
grading, excavation, drilling, and trenching, within the project area. The
Tribal Monitor/consultant will complete daily monitoring logs that will
provide descriptions of the day’s activities, including construction
activities, locations, soil, and any cultural materials identified. The on-
site monitoring shall end when the project site grading and excavation
activities are completed, or when the Tribal Representatives and
monitor/consultant have indicated that the site has a low potential for
impacting Tribal Cultural Resources.
Project Applicant
and a Tribal
monitor/consultant
Prior, During, and
completion of
ground-disturbing
activities
City of Rancho Cucamonga
Page 305
RESOLUTION NO. FD2022-001
A RESOLUTION OF THE RANCHO CUCAMONGA FIRE PROTECTION
DISTRICT BOARD OF DIRECTORS CONSENTING TO THE ANNEXATION
OF LAND IDENTIFIED AS APNs 0229-291-23 AND 46 AND ADOPTING A
PLAN OF SERVICE FOR SUCH LAND.
A. Recitals.
1. Kimley-Horn and Associates, on behalf of Hillwood Enterprises, L.P. (the “Applicant”), filed an
application for entitlements to the City of Rancho Cucamonga for a proposed development of two new
industrial buildings totaling approximately 655,878 square feet on an approximately 35-acre project site
located approximately 650 feet east of Etiwanda Avenue and north of Napa Street, APNs: 0229-291-23, 46
and 54 (the “Project Site”).
2. A portion of the Project Site, specifically a 2.9-acre parcel identified as APN: 0229-291-46 and
a 0.69-acre portion of a parcel identified as APN: 0229-291-23, is currently located within unincorporated San
Bernardino County and within the City of Fontana’s Sphere of Influence (the “Annexation Area”).
3. The Applicant is expected to submit a petition to annex the Annexation Area into the City of
Rancho Cucamonga. To that end, the City and the Rancho Cucamonga Fire Protection District must consent
to the annexation and approve plans of service for their respective agencies.
4. All legal prerequisites to the adoption of this Resolution have occurred.
B. Resolution.
NOW, THEREFORE, the Board of Directors of the Rancho Cucamonga Fire Protection District hereby
resolves as follows:
Section 1. The facts set forth in the Recitals, Part A of this Resolution, are true and correct.
Section 2. The Board of Directors hereby consents to the San Bernardino County LAFCO’s
approval of an annexation into the Rancho Cucamonga Fire Protection District and related sphere of influence
amendment for the Annexation Area parcels identified as APNs 0229-291-23 and 0229-291-46. The Board of
Directors further approves the plan for service for the Annexation Area attached hereto as Exhibit “A”.
Section 3.The District Secretary shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 5th day of January, 2021.
________________________________
L. Dennis Michael, President
Page 306
I, Janice C. Reynolds, District Secretary, Rancho Cucamonga Fire Protection District, do hereby certify
that the foregoing Resolution was passed at a regular meeting of the Board of Directors of the Rancho
Cucamonga Fire Protection District held on the 5th day of January, 2021, by the following vote:
AYES: BOARD MEMBERS:
NOES: BOARD MEMBERS:
ABSENT: BOARD MEMBERS:
ABSTAINED: BOARD MEMBERS:
ATTEST: ____________________________________
District Secretary, Rancho Cucamonga Fire
Protection District
Page 307
EXHIBIT A
PLAN FOR PLAN FOR SERVICE
5000 Birch Street, Suite 3000 Newport Beach, CA 92660
CITY OF RANCHO CUCAMONGA
PLAN FOR SERVICE
ANNEXATION OF 4.8 ACRES IN CONNECTION WITH
PROPOSED SPEEDWAY COMMERCE CENTER PROJECT
Prepared for:
City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
www.FinanceDTA.com
Page 308
TABLE
OF CONTENTS
SECTION PAGE
I INTRODUCTION ........................................................1
II DESCRIPTION OF PROPOSED SPEEDWAY
COMMERCE CENTER PROJECT AND THE 4.8 ACRE
ANNEXATION AREA ..................................................3
A Description of the Project Site .........................................3
B Description of the Annexation Area ..............................4
III PLAN FOR SERVICE BEFORE AND AFTER
ANNEXATION OF 4.8 ACRES ....................................6
IV General Government and Administrative Services .. 8
A Fire Protection and Emergency Response Services ..9
V Wildland Fire Prevention and Protection....................10
VI Law Enforcement ..........................................................10
VII Library .............................................................................10
VIII Parks and Recreation ....................................................11
IX Animal Control ...............................................................11
X Street Lighting ...................................................................11
XI Landscape Maintenance ...............................................12
XII Water ...................................................................................12
XIII Wastewater ....................................................................12
XIV Transportation................................................................13
XV Flood Control and Drainage .........................................13
XVI Utilities ...............................................................................14
XVII Schools ............................................................................14
XVIII Solid Waste Management .............................................14
XIX ONE-TIME DEVELOPMENT IMPACT FEES ..............15
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City of Rancho Cucamonga
Speedway Commerce Center Plan for Service
November 5, 2021
1
I INTRODUCTION
The Speedway Commerce Center project (the “Project”) is currently under consideration for
approval by the City of Rancho Cucamonga (the "City") City Council. The Project site includes
an estimated 35.73 acres of vacant land in the eastern portion of the City located approximately
1.3 miles east of Interstate 15 and approximately 1.5 miles north of Interstate 10. An
estimated 92% of the Project site is currently located within the City, with the remainder
located in unincorporated San Bernardino County (the “County”) within the City of Fontana
Sphere of Influence. The Project has submitted a pre-zone application and annexation
proposal for the portion of the Project located in the unincorporated County and certain
adjacent property to the west to create a logical boundary into the City from the centerline
of Napa Street, east of Etiwanda Avenue and west of the San Sevaine Channel.
While all of the Project’s building square footage is to be constructed within 32.83 acres of the
Project site that is already located within the City, a remaining 2.9-acre portion of the site
consisting solely of a portion of the Project’s parking lot is currently located in the
unincorporated County and will need to be annexed into the City. The entire area to be
annexed (the “Annexation Area”) will also include 1.9 additional acres that consist of an
unmanned parcel owned by Southern Cal Edison (the “SCE Parcel”) on which transmission
wires are located, and a portion of the right of way for Napa Street. The intent of this Plan
for Service (“PFS”) is to provide the County of San Bernardino Local Agency Formation
Commission (“LAFCO”) with sufficient information to assess which public agencies will be
responsible for providing municipal services to the Annexation Area once it has been absorbed
by the City. DTA is also preparing a separate PFS focusing specifically on the Cucamonga Valley
Water District (“CVWD”), which will be annexing not just the Annexation Area, but also the
remainder of the Project. As the remainder of the Project is already located in the City, it is
not discussed in depth within this Annexation Area PFS, which is why the separate PFS is
being prepared to cover the provision of wastewater services by CVWD.
While a standard PFS typically also includes information on the fiscal impacts of an
annexation action on the City General Fund and the General Funds of other municipal
agencies that will be providing the annexed area, this Annexation Area is different because it
is expected to include only very minimal development in terms of a 2.9-acre portion of a
parking lot and a 1.9-acre SCE parcel containing only electrical transmission lines. Therefore,
it is anticipated that no new revenues will be generated within the Annexation Area, and the
services to be provided therein will be minimal. However, DTA has previously prepared a fiscal
impact analysis (“FIA”) that has been reviewed and approved by the City that analyzes the
impacts of the overall Project on the City General Fund. As this FIA (the “Project FIA”)
includes the small portion of the Project that is located in the Annexation Area, it will also
be submitted separately from this PFS to the City for review and certification in-lieu of a new
FIA analyzing just the Annexation Area.
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Speedway Commerce Center Plan for Service
November 5, 2021
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In addition, as the fiscal impacts of the Project on the Rancho Cucamonga Fire Protection District
(“RCFPD”) and the CHWD were not included in the Project FIA, DTA will also be preparing
separate FIAs specifically focusing on the entire Project’s impacts on both of these agencies.
Notably, the CHWD fiscal analysis will be packaged together with the separate PFS for CHWD
wastewater services previously discussed because the area to be annexed into CHWD will include
the entire 35.73-acre Project site, not just the 4.8-acre Annexation Area.
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AND THE 4.8 ACRE
ANNEXATION AREA
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City of Rancho Cucamonga
Speedway Commerce Center Plan for Service
November 5, 2021
3
II DESCRIPTION OF PROPOSED SPEEDWAY COMMERCE CENTER PROJECT
AND THE 4.8 ACRE ANNEXATION AREA
A Description of the Project Site
The Project site, as depicted in Figure 1 below, encompasses approximately 35.73 acres of
vacant land in the eastern portion of the City and is located directly south of the Burlington
Northern Santa Fe Railway, directly west of San Sevaine Channel, north of Napa Street in the
City and County, and east of the East Etiwanda Creek channel.
Figure 1: Aerial Map for Proposed Project Site
The Project site is proposed to be developed into two industrial buildings totaling approximately
655,878 square feet of new warehouse space and related on-site and off-site improvements. A
summary of the land uses and building square footage (“BSF”) associated with each land use in
the Project is listed below in Table 1. The conceptual site plan for Buildings A and B within the
Project is illustrated in Figure 2 below.
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www.FinanceDTA.com
City of Rancho Cucamonga
Speedway Commerce Center Plan for Service
November 5, 2021
4
Table 1: Proposed Land Uses for the Project
Land Use BSF
Building A - Warehouse 500,648
Building B - Warehouse 155,230
Figure 2: Proposed Speedway Commerce Center Project
B Description of the Annexation Area
The proposed Annexation Area consists of 4.8 acres that include 2.9 acres representing the
southeast portion of the proposed Speedway Commerce Center project (the “Project”), as well
as 1.9 acres made up of an undeveloped parcel containing transmission wires owned by
Southern Cal Edison (“SCE”) and a portion of Napa Street right of way. A map delineating the
Annexation Area is shown below in Figure 3.
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City of Rancho Cucamonga
Speedway Commerce Center Plan for Service
November 5, 2021
5
Figure 3: Proposed Annexation Area for Speedway Commerce Center Project
As reflected in Figures 2 and 3 above, the 2.9-acre portion of the Annexation Area is
anticipated to be used solely as a portion of the Project’s parking lot, with the SCE parcel
continuing its current use as a transmission tower site.
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Speedway Commerce Center Plan for Service
November 5, 2021
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III PLAN FOR SERVICE BEFORE AND AFTER ANNEXATION OF 4.8 ACRES
As noted previously, the Annexation Area consists of a 4.8-acre portion of the Project and
adjacent SCE Site that is currently being serviced by the County that will need to be annexed into
the City. However, as neither the City nor the County provide certain required municipal
services, the Annexation Area will also be subject to annexations to additional districts, as
detailed below. However, as noted previously, the entire Project, as opposed to just the
Annexation Area, will be annexed into CVWD to obtain sewer services. As the entire Project
encompasses 35.7 acres, which is significantly larger than the 4.8-acre Annexation Area, DTA has
prepared an entirely separate PFS covering wastewater services that will be submitted directly
to CHWD for review and confirmation, and is not included in this PFS.
The list of municipal services necessary to serve the Annexation Area are the following:
General Government and Administrative Services;
Fire Protection and Emergency Response Services;
Sheriff/Police and Public Safety Services;
Library;
Parks and
Recreation; Animal
Control; Street
Lighting;
Landscape Maintenance;
Water;
Wastewater;
Transportation;
Flood Control and Drainage;
Utilities;
Schools; and
Solid Water Management.
Table 2, below, provides a summary of which public agencies are currently responsible for
providing each type of municipal service now, prior to the annexation, as well as which public
agency is anticipated to be providing that same service after the annexation. In addition, one-
time development impact fees (“DIFs”) are collected by a number of public agencies to fund the
capital costs of public facilities, as summarized in Section IV of this Study.
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Speedway Commerce Center Plan for Service
November 5, 2021
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Table 2: Municipal Services Providers for Proposed Annexation Area 1
Municipal Services Current Municipal Provider Future Municipal Provider After
Annexation
General Government and
Administrative Services2 County of San Bernardino City of Rancho Cucamonga
Fire Protection and
Emergency Response
Services
Fontana Fire Protection District
(“FFPD”) contract with County of San
Bernardino Fire Department; and
American Medical Response.
Rancho Cucamonga Fire Protection
District (“RCFPD”); and
American Medical Response
Sheriff/Police and Public
Safety
County of San Bernardino Sheriff's
Department
City contract with County of San
Bernardino Sheriff's Department
Library San Bernardino County Public Library Rancho Cucamonga Public Library
Parks and Recreation
Regional Facilities
Local Facilities
County of San Bernardino None County of San Bernardino
Rancho Cucamonga Community
Services Department
Animal Control San Bernardino County Animal Care and
Control
Rancho Cucamonga Animal Care and
Services Department
Street Lighting None
Rancho Cucamonga Municipal
Utility (“RCMU”); and
Citywide street lighting district.
Landscape Maintenance San Bernardino County Rancho Cucamonga Public Works Services
Department
Water
Inland Empire Utilities Agency
(“IEUA”) – wholesale; and
Fontana Water Company (“FWC”).
IEUA – wholesale; and
FWC.
Sewer IEUA – regional. IEUA – regional; and
Cucamonga Valley Water District.
Transportation
Freeways and
Interchanges
Transit
Cal Trans Omnitrans Cal Trans Omnitrans
1 Some of the municipal services listed may not apply to the Proposed Annexation Area because it is anticipated that
only a parking lot and unmanned utility easement will be located within that area. However, should future
development plans change, the municipal services providers responsible for managing the public facilities associated
with that future development are listed in this table.
2 Including General municipal administration, planning and community development services, economic development, local
road operation and maintenance (“O&M”), street lighting O&M, local parks O&M, and human resources, among other
services.
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Speedway Commerce Center Plan for Service
November 5, 2021
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Municipal Services Current Municipal Provider Future Municipal Provider After
Annexation
Flood Control and Drainage
Regional Facilities
Local Facilities
San Bernardino County Flood Control
District
San Bernardino County - Public Works
San Bernardino County Flood Control
District
Rancho Cucamonga Public Works
Services Department
Utilities
Cable/Internet
Provider/Phone
Power
Natural Gas
Charter Communications, Spectrum, and
Frontier
Southern California Edison Southern
California Gas Company
Charter Communications, Frontier, and
RCMU
RCMU
Southern California Gas Company
Schools
Etiwanda School District (K-8); and
Chaffey Joint Union High School
District (9-12)
Etiwanda School District (K-8); and
Chaffey Joint Union High School
District (9-12)
Solid Waste Management
Burrtec Waste Management Industries
through franchise agreement with San
Bernardino County Solid Waste
Management Division.
Burrtec Waste Management Industries
through franchise agreement with City of
Rancho Cucamonga.
A written narrative describing the pre-annexation and post-annexation provision of each service
listed above follows:
A General Government and Administrative Services
A.1 Before Annexation
The County currently provides general government and administrative services to the
Annexation Area. These include certain services that the County only provides in the
unincorporated County, such as planning and community development services, economic
development, arterial, collector and other local road operation and maintenance (“O&M”),
street lighting and local parks O&M and human resources, among other services. In addition, the
County provides certain services on a Countywide basis to both cities and the unincorporated
County, such as criminal justice services related to jails and courts, which include district
attorney, public defender and probation services, as well as health and welfare services and
other Countywide functions.
A.2 After Annexation
The City will assume responsibility for all of the administrative and general government services
that had been previously provided by the County exclusively for unincorporated County areas.
As discussed above, these would include planning
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November 5, 2021
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and community development services, economic development, local road and street light O&M,
etc. within the Annexation Area. The City’s road maintenance responsibilities would include
the operations and maintenance of the ½ width of Napa Street that is being annexed into the
City. However, the other services currently provided by the County on a Countywide basis, as
also discussed above, will continue to be the County’s responsibility within the Annexation
Area. These would include criminal justice services, health and welfare services, etc.
B Fire Protection and Emergency Response Services
B.1 Before Annexation
FFPD currently provides the fire protection and emergency response services to the Annexation
Area. FFPD, through contract with the San Bernardino County Fire Department, serves
approximately 52.4 square miles (“SM”), encompassing 42.4 SM within the limits of the City of
Fontana and 10 SM within Fontana’s Sphere of Influence area (“SOI”). The Annexation Area is
primarily served by Fire Station 73, located at 14360 Arrow Boulevard in Fontana. American
Medical Response provides private ambulance services.
B.2 After Annexation
The RCFPD will provide the fire protection and emergency response services to the Annexation
Area after its annexation. RCFPD encompasses approximately 50 SM of service area within the
City limits and the City's SOI. The Annexation Area will be served by (i) the Jersey Fire Station,
located at 11297 Jersey Boulevard, which is approximately 3 roadway miles west of the
Annexation Area, and (ii) Day Creek Fire Station, located at 12270 Firehouse Court, which is
approximately 3.3 roadway miles to the northwest of the Annexation Area. Based on its proximity
to two existing fire stations, the Annexation Area will be adequately served by fire protection
services, and no new or expanded unplanned facilities would be required.
In addition, the entire Project site, including the portion within the Annexation Area, is required to
be annexed into Community Facilities District (“CFD”) No. 85-1 as one of the City’s conditions of
development approval. CFD No. 85-1 was initially approved by the qualified voters within the
CFD in a special election to authorize the levy of a special tax to fund fire suppression services
and facilities within the boundaries of Archibald Avenue, Etiwanda Avenue, Highland Avenue
and Fourth Street.
The American Medical Response, a private ambulance service, provides ambulance services to
the Annexation Area. AMR is located at 7925 Center Avenue in Rancho Cucamonga.
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November 5, 2021
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C Wildland Fire Prevention and Protection
C.1 Before Annexation
FFPD, through a contract with the San Bernardino County Fire Department, currently provides the
wildfire prevention and protection services to the Annexation Area.
C.2 After Annexation
RCFPD will provide the wildfire prevention and protection services to the Annexation Area after its
annexation.
D Law Enforcement
D.1 Before Annexation
The San Bernardino County Sheriff’s Department (“SBCSD”) provides public safety services to
the unincorporated areas.
D.2 After Annexation
Since incorporation in 1977, law enforcement services in the City have been provided through a
contract with SBCSD. The closest police station to the Annexation Area is the Victoria Gardens
Substation, located at 7743 Kew Avenue, which is approximately
2.5 roadway miles northwest of the Annexation Area. In addition, the Police Department
Headquarters (SBCSD Rancho Cucamonga Patrol Station) is located at 10510 Civic Center Drive,
which is approximately 3.9 roadway miles northwest of the Annexation Area. Furthermore, a joint
facility including a police substation and several other municipal offices, is proposed at the
Empire Lakes development located approximately 3.8 roadway miles west of the Annexation
Area.
Based on its proximity to these existing and proposed police stations and their projected
staffing levels, the Annexation Area will be adequately served by existing police protection
services, and no new or expanded unplanned facilities would be required.
E Library
E.1 Before Annexation
Currently, the Annexation Area is served by the San Bernardino County Library system. The
nearest County library is the Fontana Lewis Library & Technology Center, located at 8437 Sierra
Avenue in Fontana.
E.2 After Annexation
The Rancho Cucamonga Public Library will serve the Annexation Area after its annexation. The
closest City library to the Annexation Area is the Paul A. Biane Library, located at 12505
Cultural Center Drive, which is approximately 2.4 roadway miles northwest of the Annexation
Area.
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November 5, 2021
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F Parks and Recreation
F.1 Before Annexation
The County Regional Parks Department (“CRPD”) provides regional park services to all residents
and employed persons within the County, including located in both incorporated and
unincorporated areas. The closest regional park is Cucamonga Guasti Regional Park in Ontario,
which includes recreational areas for water sports, hiking and picnicking. But CRPD’s mandate is
only to provide regional park facilities, so it does not support the construction, operations or
maintenance of local parks anywhere within its jurisdiction, including within the Annexation
Area.
F.2 After Annexation
The City’s Community Services Department will operate and maintain the City’s local parks and
recreation facilities after annexation. This City Department currently supports the operations
and maintenance of over 30 local park sites within the City which are available for use by
residents and employed persons located within the Annexation Area., The largest park and
recreational facilities operated by this City Department includes the Community Center at Lions
East and Lions West, Family Resource Center, Central Park Senior/Community Center, Rancho
Cucamonga Sports Center, Epicenter/Sports Complex, and Victoria Gardens Cultural Center.
G Animal Control
G.1 Before Annexation
The San Bernardino County Animal Care and Control Program currently operates two animal
shelters within the County, located in Big Bear and Devore, both of which are relatively distant
from the Annexation Area.
G.2 After Annexation
The Rancho Cucamonga Animal Care and Services Department will provide animal control
services to the Annexation Area after its annexation. The Department’s animal shelter facilities
are located at 11780 Arrow Route in the City.
H Street Lighting
H.1 Before Annexation
The Annexation Area presently does not contain any streetlights.
H.2 After Annexation
Upon annexation, RCMU will be responsible for operating and maintaining streetlights in the
Annexation Area. The Annexation Area is conditioned by the City to be annexed into SLD No. 1,
which is the City’s street lighting finance district,
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November 5, 2021
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I Landscape Maintenance
I.1 Before Annexation
Currently, the County is responsible for the limited amount of landscape maintenance required
within the Annexation Area.
I.2 After Annexation
Upon annexation, the City’s Public Works Department will be responsible for providing
operations and maintenance services for the landscaping of any publicly owned parkways and
medians within the Annexation Area, including operations and maintenance work on the ½ width
of Napa Street that is being annexed into the City.
J Water
J.1 Before Annexation
FWC is a local water company currently providing water treatment, storage, and distribution of
domestic water to the Annexation Area. FWC owns and operates three water treatment facilities,
treating a combination of well and surface water. In 2020, water utilized within the City originated
from three main sources; (i) approximately 60% groundwater, (ii) 15% local surface water, and
(iii) 25% water from the State Water Project. Groundwater is produced from Chino Basin, Rialto
Basin and Lytle Basin, and an unnamed basin. Local surface water from Lytle Creek and
imported surface water from the State Water Project originating in Northern California are
treated at the Sandhill Water Treatment Plant, a 29 million-gallon-per-day (MGD) treatment
plant that is comprised of a 12 MGD Conventional filtration treatment facility and a 17 MGD
Diatomaceous Earth filtration treatment facility.
IEUA is a state water contractor for the Metropolitan Water District of Southern California
(“MWD”), and is a regional wholesaler that delivers water at an average of
1.5 billion gallons of water per day to a 5,200 square mile service area.
J.2 After Annexation
FWC will continue to be the retail water service provider for the Annexation Area after its
annexation, and IEUA will continue to be its wholesale water supplier.
K Wastewater
K.1 Before Annexation
IEUA is a regional wastewater treatment agency and wholesale distributor of imported water that
operates wastewater treatment facilities. The entire Project site, including the portion within the
Annexation Area, currently does not receive any local wastewater services.
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November 5, 2021
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K.2 After Annexation
IEUA will continue to be the regional wastewater treatment agency for the Annexation Area,
while the CVWD will be the local wastewater service provider for the Annexation Area. CVWD
currently operates and maintains approximately 421 miles of wastewater collection system
ranging from 8 to 36 inches in diameter. Wastewater generated by the Project site would be
transported through this collection system and conveyed to IEUA’s RP-1 and RP-4 regional water
recycling plants where it is processed into recycled water. IEUA owns and operates a system of
regional trunk and interceptor sewers that transport wastewater to the regional wastewater
treatment plants. In order to avoid overloading issues at any one facility, wastewater can be
diverted from one regional plant to another.
As the entire Project, not just the Annexation Area, will be annexed into CVWD, a PFS and FIA are
required to analyze the annexation of the entire Project into CVWD. These two analyses are
being prepared separately from this Annexation Area PFS, and will be submitted to CVWD upon
their completion.
L Transportation
L.1 Before Annexation
Caltrans currently operates and maintains freeways located in unincorporated County, while, as
noted in Section A.1 of this study, arterials, collectors and other local roads are operated and
maintained by the County Public Works Department. Omnitrans provide public transit in the
unincorporated County.
L.2 After Annexation
Caltrans and Omnitrans will continue to provide freeway and public transit services to the
Annexation Area once the annexation has been completed. As noted previously in Section A.2,
the City will be responsible for the operations and maintenance of local roads within the
Annexation Area.
M Flood Control and Drainage
M.1 Before Annexation
The County Flood Control District provides operations and maintenance services for regional
flood control facilities, while any local drainage facilities, such as neighborhood detention
basins, channels and bioswales are managed by the County’s Public Works Department.
M.2 After Annexation
The County Flood Control District will continue to manage regional flood control facilities on
behalf of the Annexation Area, whereas the City’s Department of Public Works will take over
responsibilities for the local drainage facilities cited above.
Page 322
SECTION IIIPLAN FOR SERVICE
BEFORE AND
AFTER ANNEXATION OF 4.8
ACRESwww.FinanceDTA.com
City of Rancho Cucamonga
Speedway Commerce Center Plan for Service
November 5, 2021
14
N Utilities
N.1 Before Annexation
The current providers of cable television and internet service within the area are Charter
Communications, Spectrum and Frontier Communications. Telephone services are also provided
by Frontier Communications, whereas electricity is supplied by Southern California Edison and
natural gas by Southern California Gas Company.
N.2 After Annexation
Most of the utility services in the Annexation Area will continue to be maintained by the same
private parties, with the exception of cable service and electricity, which will be furnished by
RCMU.
O Schools
O.1 Before Annexation
The local primary elementary school is being operated by the Etiwanda School District (“ESD”).
High School facilities are the responsibility of Chaffey Joint Union High School District
(“CJUHSD”).
O.2 After Annexation
Both primary and secondary school services will continue to be the responsibility of ESD and
CJUHSD, respectively.
P Solid Waste Management
P.1 Before Annexation
Burrtec Waste Management Industries currently provides waste and recycling services to the
Annexation Area through a franchise agreement with the County Solid Waste Management
Division.
P.2 After Annexation
Burrtec Waste Management Industries will continue to provide waste and recycling services to
the Annexation Area after its annexation, although its franchise agreement will be executed
with the City rather than with the County,
Page 323
SECTION
IV
City of Rancho Cucamonga
Speedway Commerce Center Plan for Service
November 5, 2021
15
ONE-TIME DEVELOPMENT IMPACT
FEES
IV ONE-TIME DEVELOPMENT IMPACT FEES
Development impact fees (“DIFs”) are one-time fees utilized to fund a project’s fair share of a
municipality’s infrastructure and capital needs, and are generally paid upon issuance of building
permits and/or Certificates of Occupancy. As noted previously, the Annexation Area consists of
4.8 acres that will include the following anticipated land uses:
2.9 acres representing the southeast portion of the Project that is anticipated to be
used solely as a portion of the Project’s parking lot;
1.9 acres of SCE-owned parcel containing transmission wires; and
A portion of the Napa Street right of way.
Based on these currently proposed land uses within the Annexation Area, no structures are to
be built within the area, so no DIFs are anticipated to be collected within the Annexation
Area itself. Only portions of the Project outside of the Annexation Area on which structures
are to be built would require the payment of DIFs, and they would be paying DIFs equal to the
Project’s fair share of the capital costs of public facilities necessitated by the structures built
on the Project site. Notably, if the development plan for the Project changes such that the
Annexation Area would include actual development other than the currently anticipated parking
lot, DIFs could be collected. However, as DIF levels generally vary dependent upon the land
use types being constructed, specific fee levels cannot be assigned to the Annexation Area at
this time.
www.FinanceDTA.com
Page 324
11232-0001\2605939v1.doc
SERVICE
Page 325
P: (626) 381-9248
F: (626) 389-5414
E: info@mitchtsailaw.com Mitchell M. Tsai
Attorney At Law
139 South Hudson Avenue
Suite 200
Pasadena, California 91101
VIA E-MAIL
September 23, 2021
Sean McPherson, Senior Planner
City of Rancho Cucamonga, Planning Division
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
Em: sean.mcpherson@cityofrc.us
RE: Speedway Commerce Center
Dear Sean McPherson,
On behalf of the Southwest Regional Council of Carpenters (“Commenters” or
“Carpenters”), my Office is withdrawing its opposition to and would like to express
its support for the approval of the proposed Speedway Commerce Center Project
(“Project”).
The Project’s proponents have committed to utilize a local skilled and trained
workforce, which SWRCC believes benefits both the environment and local economic
development.
Sincerely,
______________________
Mitchell M. Tsai
Attorneys for Southwest Regional Council of Carpenters
Attachment 12Page326
DESIGN REVIEW COMMENTS
February 2, 2021
7:00 p.m.
Sean McPherson, AICP, Senior Planner
DESIGN REVIEW DRC2020-00177 – KIMLEY-HORN FOR HILLWOOD DEVELOPMENT CO.
–A request for site plan and architectural design for the development of two industrial
warehouse buildings, parking, and landscape improvements on vacant parcels located east of
Etiwanda Avenue on the north of Napa Street; APN: 0229-291-54 and -46. An Environmental
Impact Report is being prepared for this project.
Site Characteristics: The project site comprises two adjacent parcels - one is located within the
City of Rancho Cucamonga (APN: 0229-291-54), and the other is located within unincorporated
San Bernardino County (APN: 0229-291-46) that is part of the City of Fontana’s Sphere of
Influence (SOI). The cumulative project area of these two parcels totals approximately 35.4
acres of land.
The project area is generally located east of Etiwanda Avenue at the north side of Napa Street,
south of the Metrolink/Burlington Northern Santa Fe (BNSF) railway, west of the San Sevaine
Channel and east of the East Etiwanda Creek channel. The project area is traversed by
Southern California Edison (SCE) transmission lines running east-west and is roughly bisected
by a curved north-south rail spur. The site is generally flat and at-grade with Napa Street and is
void of any trees. Napa Street is currently located within unincorporated County, and is
improved with curb, gutter, sidewalk, and streetlights.
The existing Land Use, General Plan and Zoning designations for the project area and adjacent
properties are as follows:
Land Use General Plan Zoning
Site* Vacant
Heavy Industrial (HI) and Flood
Control Utility Corridor (FC/UC) (for
portion within City); Regional
Industrial/Speedway RDA (IR) and
General Industrial (I-G) (for portion
within County/Fontana SOI)
Heavy Industrial (HI)
District (for portion within
City); Regional Industrial
Speedway RDA (IR) and
General Industrial (M-2)
(for portion within
County/Fontana SOI)
North Industrial Heavy Industrial (HI) and Flood
Control/Utility Corridor (FC/UC)
General Industrial (GI)
District
South
Industrial
(County/Fontana
SOI)
General Industrial (I-G) (within
County/Fontana SOI)
General Industrial (M-2)
(within County/Fontana
SOI)
West
Industrial and
East Etiwanda
Creek
Heavy Industrial (HI) and Flood
Control/Utility Corridor (FC/UC)
Heavy Industrial (HI)
District
East San Sevaine
Channel Open Space (OS)
Open Space-Natural
(OS-N) (within
County/Fontana SOI)
*In the 2010 General Plan, APN: 0229-291-54 also includes a “floating” designation as a location for a potential public park”
009009
Exhibit K Attachment 13
Page 327
DRC COMMENTS
DESIGN REVIEW DRC2020-00177 – KIMLEY-HORN FOR HILLWOOD DEVELOPMENT CO.
February 2, 2021
Page 2
Project Overview: The applicant proposes to annex the portion of the project area currently
located outside the City’s jurisdiction and subdivide the two adjacent parcels referenced above
and create two new parcels, Parcel I and Parcel II, to accommodate the development of two
new industrial warehouse buildings: Building A, located on the proposed Parcel I, totals
approximately 500,648 square feet; and Building B, located on the proposed Parcel II, totals
approximately 155,230 square feet. Grading operations are proposed to be balanced on-site,
with approximately 336,000 cubic yards of cut and fill.
Each building includes approximately 10,000 square feet of office area. Building A, as proposed,
will have a maximum height of approximately 58.5 feet and Building B, as proposed will have a
maximum height of 46 feet. Access to the proposed project is primarily off Napa Street.
However, a new north-south road (“Street A”) is also proposed to be constructed that will
provide access to Parcel II. No uses are proposed for either building at this time though it is
anticipated that the buildings will function as warehousing, distribution/logistics facilities.
Staff notes that the applicant has also proposed an “Alternative Site Plan,” which proposes only
one industrial warehouse building (Building A), totaling 500,648 square feet. In this alternative
version of the project, Building A would be occupied by a potential
“E-Commerce” user and Building B is replaced with a surface level parking lot providing 849
parking stalls.
New Street and Relocation of SCE Easement & Infrastructure: Considering the size and scope
of the project, certain public improvements are required including the aforementioned Street A.
Street A is proposed to be constructed running north-south along the westerly property line of
the project area. Street A will connect Napa Street to the south with a new planned east-west
road to be located south and parallel to the Metrolink/BNSF railway. This future east-west road
south of the railway is not part of the subject project and will be constructed at such time that
surrounding parcels redevelop.
In addition to the new Street A, staff also notes that the project requires the relocation of an
existing SCE easement and related SCE infrastructure (i.e. transmission towers and lines). This
SCE easement currently traverses the project area in an east-west orientation. The project
proposes to relocate a portion of this easement to the south along Napa Street to allow for the
placement of Building A. This new orientation will result in the SCE transmission towers being
located along the frontage of Parcel I and in front of Building A.
Alternative Rail Serve Plan: As the project area is roughly bisected by an existing rail spur, the
subject project is required to demonstrate that rail service is possible pursuant to Development
Code Section 17.36.040.D.6. The applicant is not required to construct rail-related
improvements on the property. However, the plans must demonstrate that the site could have a
functional/practical rail service if any future owner/tenant decides that rail service is
required/desired.
Accordingly, the applicant has provided an Alternative Rail Serve Plan (Sheet DAB-A1.1C of the
attached plan set). The applicant’s Alternative Rail Serve Plan demonstrates that Building A can
accommodate rail pursuant to Development Code standards without any loss of parking or
relocation of drive aisles. Building B, however, will not be able to accommodate rail service due
to the site configuration, lot size, radius of the track, and the encroachment of the track onto an
adjacent parcel. The applicant has provided a written justification requesting that the Planning
010010Page328
DRC COMMENTS
DESIGN REVIEW DRC2020-00177 – KIMLEY-HORN FOR HILLWOOD DEVELOPMENT CO.
February 2, 2021
Page 3
Commission consider eliminating the requirement that Building B provide rail service. This
justification is included with this report (Exhibit D), as “Attachment A to Alternative Rail Serve
Plan.”
Architecture: The proposed industrial warehouse buildings meet the City’s 360-degree
architectural standards. Each building provides well-defined articulation and a varied use of
architectural features creating an attractive aesthetic. For example, acknowledging the long
span of each façade facing Napa Street, both Building A and Building B provide varied building
heights, which start low at the corners of the buildings increasing in height toward the center of
the façade facing Napa Street. This “stepped” building height provides visual interest and offers
a range of building heights between 46-58 feet for Building A, and 38-46 feet for Building B.
The corner of each building facing Napa Street provides office tower elements which exhibit an
angled concrete feature backed by reflective blue glazing and aluminum storefront framing.
Throughout each elevation, the typical concrete tilt-up façade is punctuated by panel joints,
reveals, vertical glazing elements and, most notably, angled concrete features which provide an
attractive and varied color pallet. These angled features break up the expanse of the façade by
exhibiting bright colors including “Knockout Orange” (Sherwin Williams SW 6885),
“Commodore” (SW 6524) and “Limon Fresco” (SW 9030). This bright pallet provides an
attractive break to the subdued color pallet of grays which otherwise dominate the buildings.
The proposed project exceeds all applicable development standards for the General Industrial
(GI) district, as shown in the table below:
Development
Standard Required Proposed Complies?
Building Height
Maximum 35 feet (at front
setback) and
75 feet (1-foot increment
from the front setback
line)
Building A: (var.) 46-58.5 feet
(beyond setback); Building B:
(var.) 38-50.5 feet (beyond
front setback)
YES
Floor Area Ratio
(FAR) 40-50% Building A: 42.9%; Building B:
41.1% YES
Front Building
Setback Min. 25 feet
Building A: 46 feet (Napa St.);
Building B: 39.5 feet (“Street
A”)
YES
Street Side
Setback
Min. 25 Feet (Napa Street
for Building B) 69 feet (approx.) YES
Average Depth of
Landscape 25 feet 27 feet (“Street A”); 25 feet
(Napa St.) YES
Parking Setback Min. 15 feet (var.) 15-31 feet (approx.) YES
Interior Side Yard
Setback Min. 5 feet
Building A: 314.5 feet (west
PL), 126 feet (east PL);
Building B: 137.3 (northerly
property line)
YES
Rear Yard
Setback Min. 0 feet Building A: 144 feet (approx.);
Building B: 75.3 YES
Open 5% Building A: 8.3%; Building B: YES
011011Page329
DRC COMMENTS
DESIGN REVIEW DRC2020-00177 – KIMLEY-HORN FOR HILLWOOD DEVELOPMENT CO.
February 2, 2021
Page 4
Parking and Landscaping: Pursuant to Development Code Section 17.64.050, 17.64.090 and
Table 17.64.050-1, auto parking for warehouse/storage uses is based on a tiered ratio as
illustrated in the table below. In addition, office areas require parking at 1 stall per 250 square
feet. Further, the development code requires 1 trailer loading stall for each dock door proposed.
As such, the proposed project is required to provide 183 auto parking stalls and 79 trailer
loading stalls for Building A, and 97 auto parking stalls and 20 trailer loading stalls for Building
B. The table below demonstrates the project’s compliance with all parking standards:
Parking Ratio Required
Parking
Provided
Parking Complies?
Warehouse/storage
and office
1 per 1,000 sf for the first
20,000 sf; 1 per 2,000 sf for
the next 20,000 sf, and 1 per
4,000 sf for remaining sf
Office requires 1 per 250 sf
Building
A: 183
stalls;
Building
B: 97
stalls
Building A:
275;
Building B:
108
YES
Trailer Loading
Stalls 1 per loading dock
Building
A: 79;
Building
B: 20
Building A:
87;
Building B:
20
YES
As noted, the applicant has included an alternative site plan which proposes only Building A, at
500,648 square feet, inclusive of 10,000 square feet of office area. In this alternative plan, the
project requires 183 auto parking stalls and 48 trailer loading stalls and provides 1,456 auto
parking stalls and 59 trailer loading stalls.
The project also meets all relevant landscape standards, as noted in the table above. The
landscape plan proposes approximately 287 new trees which provide a variety of 24-inch and
36-inch box trees, including but not limited to, “True Green” Chinese Elm trees (to be used as
parking lot shade trees), California Sycamore, Holly Oak, and California Pepper trees.
Ornamental ground cover, shrubs and vines make up the balance of the landscaped area. Staff
notes that as a condition of approval, the applicant shall provide a landscape plan which
demonstrates that the alternative site plan will comply with all landscape standards prior to the
issuance of building permits.
Tentative Parcel Map 20251: As mentioned, the project includes a request to approve a
Tentative Parcel Map to consolidate various parcels within the project area and subdivide them
into two new lots, Parcel I and Parcel II. Staff has reviewed the Tentative Parcel Map and has
determined that each proposed parcel complies with the relevant development standards.
Uniform Sign Program: Staff notes that the version of the project with two buildings may house
three or more tenants. As such, and pursuant to Development Code Section 17.16.060, the
Space/Landscape
Standards
10.7%
Note: the proposed “Alternative Site Plan” proposing only Building A also meets all relevant development standards
012012Page330
DRC COMMENTS
DESIGN REVIEW DRC2020-00177 – KIMLEY-HORN FOR HILLWOOD DEVELOPMENT CO.
February 2, 2021
Page 5
applicant has prepared a Uniform Sign Program which is included as an exhibit (Exhibit D) to
this report for the committee’s review.
Staff Comments
Major Issues: The following broad design issues will be the focus of Committee discussion
regarding the project:
The project proposes an employee break area structure within the front setback of Building B.
Discuss relocating this structure.
Secondary Issues: Once all of the major issues have been addressed, and time permitting, the
Committee will discuss the following secondary design issues:
None.
Policy Issues: The following items are a matter of Planning Commission policy and should be
incorporated into the project design without discussion:
1. All Double Detector Checks (DDC) and Fire Department Connections (FDC) required and/or
proposed shall be installed at locations that are not within direct view or line-of-sight of the
office corner of the building. The specific locations of each DDC and FDC shall require the
review and approval of the Planning Department and Fire Construction Services/Fire
Department. All Double Detector Checks (DDC) and Fire Department Connections (FDC)
screened behind a 4-foot high wall. For this project, these walls shall be constructed of
poured in-place concrete with design elements incorporated to match the building.
2. Decorative paving shall be provided at each vehicle entrance to the site, behind the public
right-of-way. These decoratively paved areas shall extend from the front property line to the
building setback line and have a width equal to that of the driveway.
3. Downspouts shall not be visible from the exterior on any elevations of the building. All
downspouts shall be routed through the interior of the building walls.
Staff Recommendation: Staff recommends that the Design Review Committee forward the
item to the Planning Commission for their consideration.
Design Review Committee Action:
Staff Planner: Sean McPherson, AICP, Senior Planner
Staff Coordinator: Mike Smith, Principal Planner
Attachment: Exhibit A: Project Plans dated January 22, 2021
Exhibit B: Colored Elevations
Exhibit C: Uniform Sign Program
Exhibit D: Attachment A to Alternative Rail Serve Plan (Narrative)
013013Page331
DATE: December 8, 2021
TO: Chairman and Members of the Planning Commission
FROM: Matt Burris, AICP, Deputy City Manager/Interim Planning Director
INITIATED BY:Sean McPherson, AICP
SUBJECT:LOCATED ON NAPA STREET EAST OF ETIWANDA AVENUE – HILLWOOD
ENTERPRISES, L.P. – Recommendation to the City Council for a General Plan
Amendment (DRC2020-00184), Annexation (DRC2020-00185), Prezoning
(DRC2020-00186), Tentative Parcel Map (SUBTPM20251), Design Review
(DRC2020-00177), Conditional Use Permit (DRC2021-317), Uniform Sign
Program (DRC2020-00178) and Development Agreement (DRC2021-00175) to
Allow for the Development of Two New Industrial Warehouse Buildings on Certain
Property Located Approximately 650 Feet East of Etiwanda Avenue North of Napa
Street; APN: 0229-291-23, 0229-291-46 and 0229-291-54. An Environmental
Impact Report (SCH No. 2020090076) was Prepared for the Project. Primary Case
File No. DRC2020-00177.
RECOMMENDATION:
Staff recommends that the Planning Commission recommend that the City Council certify the Environmental
Impact Report, make findings pursuant to the California Environmental Quality Act, adopt a mitigation monitoring
and reporting program, and approve General Plan Amendment (DRC2020-00184), Annexation (DRC2020-
00185), Prezoning (DRC2020-00186), Tentative Parcel Map (SUBTPM20251), Design Review (DRC2020-
00177), Conditional Use Permit (DRC2021-00317), Uniform Sign Program (DRC2020-00178) and Development
Agreement (DRC2021-00175) through the adoption of the attached Resolutions.
EXECUTIVE SUMMARY:
The applicant Kimley-Horn and Associates, on behalf of Hillwood Enterprises, L.P., proposes the construction of
two new industrial warehouse buildings totaling approximately 655,878 square feet combined on property located
approximately 650 feet east of Etiwanda Avenue north of Napa Street between the East Etiwanda Creek to the
west, the San Sevaine Channel to the east and the Burlington Northern Santa Fe (BNSF)/Metrolink rail line to
the north. The project area comprises two parcels: APN: 0229-291-54 which totals approximately 32.83 acres
and is located within the City of Rancho Cucamonga; and APN: 0229-291-46 which totals approximately 2.9
acres and is located within unincorporated San Bernardino County and the City of Fontana’s Sphere of Influence
(SOI). The applicant has applied for an Annexation and Prezoning in order to consolidate the entire project area
into the City’s jurisdiction under an appropriate zoning designation. The proposed Annexation also includes a
0.69-acre portion of a third parcel identified as APN: 0229-291-23, located at the northeast corner of the
intersection of Etiwanda Avenue and Napa Street. This 0.69-acre parcel is also proposed to be annexed into the
City to create a logical boundary between the City and the unincorporated County area, but is not within the
project area, is otherwise unrelated to the Project and is not proposed to be developed. The portion of the parcel
in question is currently designated by San Bernardino County with a general plan land use of General Industrial
(GI) and by the City of Fontana as Public Utility (P-UC). As part of the associated request for a General Plan
Amendment, this 0.69-acre portion of APN: 0229-291-23 is proposed to be designated as Heavy Industrial and
assigned a pre-zone designation of Industrial Employment (IE). To be sure, the San Bernardino County LAFCO
approves annexations and the applicant is expected to process the annexation through LAFCO once the project
entitlements are acted upon by the City. However, the City must consent to the annexation. Reference “Figure
Page 10Attachment 14Page332
Page 2 of 11
1
0
2
5
1: Proposed Annexation Map” below which illustrates the location of these various parcels.
Figure 1: Proposed Annexation Map
The project site is largely vacant, with an existing rail spur running in a north-south orientation roughly bisecting
the site which serves properties to the south and existing Southern California Edison (SCE) overhead powerlines
traversing the site in an east-west orientation. The existing rail spur is proposed to remain; however, the existing
overhead SCE powerlines are proposed to be relocated along Napa Street as well as through the eastern half
of the site in order to accommodate the proposed project. The proposed project includes the construction of one
new north-south street which will be located along the westerly property line of the project area and will be
designed to eventually connect to a future east-west street located immediately south of the Metrolink railway
and parallel to Napa Street. City staff proposes that this new north-south street be named Via Maris Place. The
applicant and City have also negotiated a development agreement which includes a variety of provisions
intended to off-set any adverse impacts the project may cause that are not otherwise mitigated through CEQA.
Pursuant to Municipal Code Section 17.14.060.B, “when a proposed project requires more than one permit
with more than one approving authority, all project permits shall be processed concurrently, and final action
shall be taken by the highest-level designated approving authority for all such requested permits.” The City
Council is the highest-level approving authority because it must approve the General Plan and Zoning
amendments and development agreement. Staff has opted to process the package of entitlements concurrently
such that the Planning Commission is the recommending body for all of the entitlements.
Page 11Page333
Page 3 of 11
1
0
2
5
BACKGROUND:
After the applicant submitted their application, but before it was deemed complete, the City Council enacted a
moratorium on November 4, 2020 to prohibit certain industrial uses while the City updated its code standards in
response to rising interest and significant demand for the development of new industrial uses and the
redevelopment of legacy uses largely located within the Southeast Industrial Quadrant (SEIQ), an area of the
City bounded by Arrow Route to the north, 4th Street to the south, I-15 Freeway to the west, and the City’s
jurisdictional limit line to the east. Following the expiration of the moratorium on June 30, 2021, the City Council
adopted Ordinance 982 on July 7 which established new development standards for industrial projects
throughout the City in response to this demand in industrial development. Notably, the applications for the subject
project which had been deemed complete prior to the effective date of Ordinance 982 were exempt from the new
requirements of Ordinance 982. Except for the CUP application, the subject development applications had been
deemed complete on January 7, 2021, which is prior to the adoption of Ordinance 982. Pursuant to Development
Code Section 17.02.020F.1, “all land use permit applications that are active and that have been determined by
the planning director to be complete before the effective date of this title, or any amendments thereto, will be
processed according to the regulations in effect when the application was deemed complete.” Thus, as the
subject application was deemed complete prior to the adoption of Ordinance 982, it has been analyzed against
standards in effect prior to the adoption of Ordinance 982.
PROJECT ANALYSIS:
The project site is currently divided between both the Heavy Industrial (HI) and Flood Control/Utility Corridor
(FC/UC) General Plan land use designations. The development application also includes Prezoning to designate
the parcels to be annexed into the appropriate zoning designation.
The existing General Plan and Zoning designations for the project site and adjacent properties are as follows:
Land Use General Plan Zoning**
Site*Vacant
Heavy Industrial (HI) and Flood
Control Utility Corridor (FC/UC) (for
portion within City); General
Industrial (GI)/ General Industrial (I-
G) (for portion within
County/Fontana SOI)
Industrial Employment
(IE) District (for portion
within City); Regional
Industrial (IR) (within
County) and General
Industrial (M-2) (for
portion within Fontana
SOI)
North Industrial Heavy Industrial (HI) and Flood
Control/Utility Corridor (FC/UC)
Neo-Industrial (NI)
District
South
Industrial
(County/Fontana
SOI)
General Industrial (GI), Special
Development (SD)/General
Industrial (I-G) (within
County/Fontana SOI)
Regional Industrial (IR);
Kaiser Commerce
Center Specific Plan
(KC/SP)/General
Industrial (M-2) (within
County/Fontana SOI)
West
Industrial and
East Etiwanda
Creek
Heavy Industrial (HI) and Flood
Control/Utility Corridor (FC/UC)
Industrial Employment
(IE) District
Page 12Page334
Page 4 of 11
1
0
2
5
East San Sevaine
Channel
Open Space (OS) and General
Industrial (GI) (within
County/Fontana SOI)
Regional Industrial
(IR)/Open Space-Natural
(OS-N) (within
County/Fontana SOI)
*In the 2010 General Plan, APN: 0229-291-54 also includes a “floating” designation as a location for a potential public park”
**Prior to the adoption of Ordinance 982, the Industrial Employment (IE) zoning district was referred to as the Heavy Industrial (HI)
district and the Neo-Industrial (NI) district was referred to as the General Industrial (GI) district.
The applicant proposes to annex the portion of the project area currently located outside the City’s jurisdiction
and subdivide the two adjacent parcels referenced above and create two new parcels, Parcel I and Parcel II, to
accommodate the development of two new industrial warehouse buildings: Building A, located on the proposed
Parcel I, totals approximately 500,648 square feet; and Building B, located on the proposed Parcel II, totals
approximately 155,230 square feet. Grading operations are proposed to be balanced on-site, with approximately
336,000 cubic yards of cut and fill.
Each building includes approximately 10,000 square feet of office area. Building A, as proposed, will have a
maximum height of approximately 58.5 feet and Building B, as proposed will have a maximum height of 46 feet.
Access to the proposed project is primarily off Napa Street. However, the new north-south road, Via Maris Place,
is also proposed to be constructed that will provide access to Parcel II.
Staff notes that the applicant has also proposed an “Alternate Site Plan,” which proposes only one industrial
warehouse building (Building A), totaling 500,648 square feet. In this alternate version of the project, Building A
would be occupied by a potential “E-Commerce” user and Building B is replaced with a surface level parking lot
providing 849 parking stalls. Staff notes that as of the writing of the report, the developer has submitted plans for
building permit plan check for the two-building iteration of the project and this is the project before the Planning
Commission for consideration. Despite this, the environmental impact report prepared for the project included
an analysis of this Alternate Site plan.
New Street and Relocation of SCE Easement & Infrastructure: Considering the size and scope of the project,
certain public improvements are required including the aforementioned Via Maris Place. Via Maris Place is
proposed to be constructed running north-south along the westerly property line of the project area. Via Maris
Place will connect Napa Street to the south with a new planned east-west road to be located south and parallel
to the Metrolink/BNSF railway. This future east-west road south of the railway is not part of the subject project
and will be constructed at such time that surrounding parcels redevelop.
In addition to the new Via Maris Place, staff also notes that the project requires the relocation of an existing SCE
easement and related SCE infrastructure (i.e. transmission towers along with transmission, distribution, and
telecommunication lines). This SCE easement currently traverses the project area in an east-west orientation.
The project proposes to relocate a portion of this easement to the south along Napa Street to allow for the
placement of Building A. This new orientation will result in the SCE transmission towers being located along the
frontage of Parcel I and in front of Building A.
Alternative Rail Serve Plan: As the project area is roughly bisected by an existing rail spur, the subject project is
required to demonstrate that rail service is possible pursuant to Development Code Section 17.36.040.D.6. The
applicant is not required to construct rail-related improvements on the property. However, the plans must
demonstrate that the site could have a functional/practical rail service if any future owner/tenant decides that rail
service is required/desired.
Accordingly, the applicant has provided an Alternative Rail Serve Plan (Sheet DAB-A1.1C of the attached plan
set). The applicant’s Alternative Rail Serve Plan demonstrates that Building A can accommodate rail pursuant
to Development Code standards without any loss of parking or relocation of drive aisles. Building B, however,
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will not be able to accommodate rail service due to the site configuration, lot size, radius of the track, and the
encroachment of the track onto an adjacent parcel. The applicant has provided a written justification requesting
that the Planning Commission consider eliminating the requirement that Building B provide rail service. This
justification is included with this report (Exhibit D), as “Attachment A to Alternative Rail Serve Plan.”
Architecture: The proposed industrial warehouse buildings meet the City’s 360-degree architectural standards.
Each building provides well-defined articulation and a varied use of architectural features creating an attractive
aesthetic. For example, acknowledging the long span of each façade facing Napa Street, both Building A and
Building B provide varied building heights, which start low at the corners of the buildings increasing in height
toward the center of the façade facing Napa Street. This “stepped” building height provides visual interest and
offers a range of building heights between 46-58 feet for Building A, and 38-46 feet for Building B.
The corner of each building facing Napa Street provides office tower elements which exhibit an angled concrete
feature backed by reflective blue glazing and aluminum storefront framing. Throughout each elevation, the typical
concrete tilt-up façade is punctuated by panel joints, reveals, vertical glazing elements and, most notably, angled
concrete features which provide an attractive and varied color pallet. These angled features break up the
expanse of the façade by exhibiting bright colors including “Knockout Orange” (Sherwin Williams SW 6885),
“Commodore” (SW 6524) and “Limon Fresco” (SW 9030). This bright pallet provides an attractive break to the
subdued color pallet of grays which otherwise dominate the buildings.
The proposed project exceeds all applicable development standards for the General Industrial (GI) district, as
shown in the table below:
Development
Standard Required Proposed Complies?
Building Height
Maximum 35 feet (at front
setback) and
75 feet (1-foot increment
from the front setback
line)
Building A: (var.) 46-58.5 feet
(beyond setback); Building B:
(var.) 38-50.5 feet (beyond
front setback)
YES
Floor Area Ratio
(FAR)40-50%Building A: 42.9%; Building B:
41.1%YES
Front Building
Setback Min. 25 feet
Building A: 46 feet (Napa St.);
Building B: 39.5 feet (Via
Maris Place)
YES
Street Side
Setback
Min. 25 Feet (Napa Street
for Building B)69 feet (approx.)YES
Average Depth of
Landscape 25 feet 27 feet (Via Maris Place); 25
feet (Napa St.)YES
Parking Setback Min. 15 feet (var.) 15-31 feet (approx.)YES
Interior Side Yard
Setback Min. 5 feet
Building A: 314.5 feet (west
PL), 126 feet (east PL);
Building B: 137.3 (northerly
property line)
YES
Rear Yard
Setback Min. 0 feet Building A: 144 feet (approx.);
Building B: 75.3 YES
Open
Space/Landscape
Standards
5%Building A: 8.3%; Building B:
10.7%YES
Note: the proposed “Alternative Site Plan” proposing only Building A also meets all relevant development standards
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Parking and Landscaping: Pursuant to Development Code Section 17.64.050, 17.64.090 and Table 17.64.050-
1, auto parking for warehouse/storage uses is based on a tiered ratio as illustrated in the table below. In addition,
office areas require parking at 1 stall per 250 square feet. Further, the development code requires 1 trailer loading
stall for each dock door proposed. As such, the proposed project is required to provide 183 auto parking stalls
and 79 trailer loading stalls for Building A, and 97 auto parking stalls and 20 trailer loading stalls for Building B.
The table below demonstrates the project’s compliance with all parking standards:
Parking Ratio Required
Parking
Provided
Parking Complies?
Warehouse/storage
and office
1 per 1,000 sf for the
first 20,000 sf; 1 per
2,000 sf for the next
20,000 sf, and 1 per
4,000 sf for remaining sf
Office requires 1 per
250 sf
Building
A: 183
stalls;
Building
B: 97
stalls
Building
A: 275;
Building
B: 108
YES
Trailer Loading
Stalls 1 per loading dock
Building
A: 79;
Building
B: 20
Building
A: 87;
Building
B: 20
YES
The project also meets all relevant landscape standards, as noted in the table above. The landscape plan
proposes approximately 287 new trees which provide a variety of 24-inch and 36-inch box trees, including but
not limited to, “True Green” Chinese Elm trees (to be used as parking lot shade trees), California Sycamore,
Holly Oak, and California Pepper trees. Ornamental ground cover, shrubs and vines make up the balance of the
landscaped area.
Traffic Improvements: As a result of the proposed project, certain improvements are required to improve traffic
circulation adjacent to the site, as well as in the vicinity of the SEIQ. In addition to the new north-south street
proposed along the westerly property line of the site which is intended to eventually connect Napa Street to
future roadways adjacent to the BNSF/Metrolink railway, additional traffic related public improvements have been
included in the development agreement consisting of minor traffic signal modifications, signal timing, and
pavement restriping improvements.
Entitlements Required for Proposed Development: The project requires a General Plan Amendment, a Zoning
Map Amendment, Annexation, Prezoning, Tentative Parcel Map, Design Review, Conditional Use Permit, and
Uniform Sign Program. Further, the applicant proposes to enter into a Development Agreement with the City,
which requires the review and approval of an ordinance by the City Council.
General Plan Amendment (DRC2020-00184): Currently, the general plan land use designation for the portion of
the project area located within the City (APN:0229-291-54) is split between Heavy Industrial (HI) and Flood
Control Utility Corridor (FC/UC), whereas the portion of the project area located outside the City’s jurisdiction
(APN:0229-291-46), is currently located within unincorporated San Bernardino County and within the City of
Fontana’s Sphere of Influence. APN:0229-291-46 currently has a land use designation of General industrial
Industrial (GI) under San Bernardino County and a land use designation of General Industrial (I-G) under the
City of Fontana.
The proposed general Plan Amendment will: 1) Replace the Flood Control/Utility Corridor land use designation
on parcel APN:0229-291-54 with a land use designation of Heavy Industrial to be consistent with the remainder
of that parcel; and 2) designate the portions of the project area to be annexed with a Heavy Industrial land use
designation. This includes assigning a Heavy Industrial land use designation to the 0.69-acre portion of parcel
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APN:0229-291-23 which is also proposed to be annexed but is not considered as part of the project area to be
developed.
Further, and pursuant to the 2010 General Plan, the portion of the project site located within the City is currently
identified as having a “Floating Park” land use designation to accommodate a potential “Napa Soccer Complex”
future park facility. As noted on Figure PF-1 of the 2010 General Plan, the “location of future parks are not fixed
and may be adjusted to accommodate future planning needs.” This area was identified as one potential location
for a park, and the City entered into a Joint-Use Agreement with the property owner in an attempt to develop a
soccer complex, however through the development process the site was determined to be infeasible for park
development and the Joint-Use Agreement was terminated. Thus, the proposed General Plan Amendment will
also remove this Floating Park designation.
Staff notes that on November 10, 2021, the Planning Commission recommended that the City Council approve
the PlanRC General Plan. The PlanRC General Plan is currently scheduled for a public hearing before the City
Council on December 15, 2021. Notably, the subject development application requires review and approval by
the City Council which will occur after December 15, 2021. If the subject development project is approved by the
City Council prior to the adoption of the new general plan, the scope of the proposed General Plan Amendment
will remain as described above.
If, though, the City Council adopts the PlanRC General Plan prior to approval of the subject development
application, the following changes to the scope of the requested General Plan Amendment will necessarily occur:
The PlanRC General Plan removes the Floating Park designation, rendering the applicant’s request for the
same action irrelevant.
The PlanRC General Plan removes the Flood Control/Utility Corridor Land Use designation from the project
site, rendering the applicant’s request for the same action irrelevant; The PlanRC General Plan also
renames the Heavy Industrial General Plan land use designation to Industrial Employment District. This
change in land use designation classifications is consistent as the implementing zone of Industrial
Employment (IE) permits the proposed use in either land use designation.
Staff notes that in either case, all exhibits in the General Plan will need to be updated to reflect the new city
boundaries upon approval of the annexation.
Annexation (DRC2020-00185): The proposed annexation to be applied for by the applicant with LAFCO will
amend the boundaries of the City of Rancho Cucamonga, as well as unincorporated San Bernardino County and
the City of Fontana’s SOI by increasing the area of Rancho Cucamonga by approximately 4.8 acres as measured
from the centerline of Napa Street while reducing the size of the City of Fontana’s Sphere of Influence (SOI) by
an equal amount. Specifically, the applicant proposes to annex a 2.9-acre parcel identified as APN: 0229-291-
46 into the City as part of the project to be used as parking, landscaped areas, and entrance to the proposed
project. The annexation also includes a portion of another parcel, APN: 0229-291-23, which is not part of the
project and which is not proposed to be developed. The portion of APN:0229-291-23 to be annexed comprises
0.69 acres of land located north of Napa Street and east of Etiwanda Avenue and is proposed to be annexed in
order to create a logical jurisdictional boundary along the centerline of Napa Street from San Sevaine Channel
to Etiwanda Avenue. The remaining 1.21 acres falls within Napa Street. The proposed annexation and change
in jurisdictional boundaries, including Sphere of Influence boundaries, will require approval by San Bernardino
LAFCO.
Prezoning (DRC2020-00186): Related to the proposed annexation, the project also requires Prezoning pursuant
to Development Code Section 17.22.050. APN:0229-291-46 is currently assigned a zoning classification of
Regional Industrial (I-R) by San Bernardino County, and General Industrial (M-2) by the City of Fontana. Further,
the aforementioned 0.69-acre portion of parcel APN:0229-291-23 is currently assigned a zoning classification of
Regional Industrial (I-R) by San Bernardino County, and Public Utility (P-UC) by the City of Fontana. Approving
the Prezoning application will change the zoning designation of these areas to Industrial Employment (IE) Zoning
District upon approval of the annexation.
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Tentative Parcel Map (SUBTPM20251): As mentioned, the project includes a request to approve a Tentative
Parcel Map to consolidate the two existing parcels within the project area and subdivide them into two new
parcels, Parcel I and Parcel II. Parcel I proposes an area of approximately 26.73 acres with street frontage along
Napa Street and Parcel II proposes an area of approximately 8.67 acres with street frontage along Napa Street
and the new Via Maris Place. Staff has reviewed the Tentative Parcel Map and has determined that it complies
with the relevant development standards, subject to certain conditions of approval.
Conditional Use Permit (DRC2021-00317): While the other entitlements are exempt from Ordinance 982, these
applications did not address the potential uses/tenants for the project because the project is being built on a
speculative basis. Therefore, no pending use permit application was deemed complete prior to the effective date
of Ordinance 982, and future uses by tenants who occupy the building will be subject to new standards under
Ordinance 982. Thus, the applicant is requesting the review and approval of a Conditional Use Permit subject to
Development Code Section Table 17.30.030-1 to permit the following uses on the site: Storage Warehouse,
Large – Light Manufacturing, and a Large Distribution and Fulfillment Center.
Uniform Sign Program: The applicant has informed staff that the proposed project may accommodate up to four
tenants. Development Code Section 17.16.060 provides that “…a uniform sign program shall be required for all
new multi-tenant shipping center, office parks, and other multi-tenant, mixed-use or otherwise integrated
developments of three of more separate tenants/uses that share buildings, public spaces, landscape and/or
parking facilities.” Accordingly, and as the development could permit up to four tenants up to four tenants, the
applicant has applied for a Uniform Sign Program.
Development Agreement (DRC2021-00175): The developer has proposed to enter into a Development
Agreement with the City. Pursuant to Development Code Section 17.22.060.A.1, development agreements:
1. Increase the certainty in the approval of development projects, thereby preventing the waste of
resources, reducing the cost of development to the consumer, and encouraging investment in and
commitment to comprehensive planning, all leading to the maximum efficient utilization of resources at
the least economic cost to the public;
2. Provide assurance to the applicant for a development project that upon approval of the project, the
applicant may proceed with the project in accordance with existing policies, rules and regulations, and
subject to conditions of approval thereby strengthening the public planning process, encouraging private
participation in comprehensive planning, and reducing the economic costs of development;
3. Enable the City to plan for and finance public facilities, including but not limited to, streets, sewerage,
transportation, drinking water, school and utility facilities, thereby removing a serious impediment to the
development of new housing.
The proposed Development Agreement (hereafter referred to as the “Agreement”), includes, but is not limited
to, the following major terms which are summarized below:
The term of the development agreement would initially be six years, with an option for the applicant to
extend the term by nine years upon payment of $2 million.
A requirement for future tenants to designate Rancho Cucamonga as the point of sale for the material
handling equipment used in Project’s operations;
A requirement that the developer shall pay a “Community Benefit Fee,” in the amount of $4,300,000 in
order to address the Project’s expected impacts on affordable housing demand, future greenhouse gas
emissions, fire protection services, environmental justice and related impacts typically associated with
large warehouse development. The applicant may receive a refund of up to 30% of the Community
Benefit Fee in the event the project generates $500,000 in sales tax for a period of 3 years provided
that the Developer can demonstrate that the tenant responsible for any 3 consecutive year period has
a lease covering the entire term of the Development Agreement;
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A requirement that the developer complete certain traffic improvements and pay a “Fair Share”
contribution to the City’s Industrial Area Traffic Improvement Fund. The final amount of the Fair Share
contribution is being assessed as of the writing of this report and will be determined prior to the City
Council’s consideration of the project;
A requirement that the Developer may pay a fee totaling $1,400,000 in lieu of undergrounding existing
utilities on the site or along streets adjacent to the site;
A requirement that the developer will pay for, and construct to City standards, a new public street along
the west side of the project site, which will run north-south and eventually connect to a future expanded
roadway network throughout the SEIQ;
Design Review Committee: The Design Review Committee (Williams, Oaxaca and Smith), reviewed the project
on February 2, 2021. No members of the public attended the meeting to speak on the item, and the Design
Review Committee recommended that the item be forwarded to the Planning Commission as presented.
Public Art: The project is subject to the public art requirement provided in Chapter 17.124 of the Development
Code. As an industrial development, this project would typically include artwork that has a minimum value that
meets or exceeds one dollar per square foot. While the valuation of public art would be approximately $655,878
(as it is based on building square footage of the project), staff notes that pursuant to the proposed development
agreement, all but $100,000 of this amount is proposed to be transferred to the proposed community benefit fee.
Fiscal Impact Analysis: The applicant has provided a Fiscal Impact Analysis prepared by DTA (2021), which
was peer reviewed by Keyser Marston Associates, Inc. (KMA), a third-party consultant hired by the City. The
Fiscal Impact Analysis conducted by DTA concluded the project would result in total recurring revenues of
$123,300 with total recurring costs of $79,000 for a total annual recurring surplus to the City of $44,300. After
analyzing the DTA study, KMA has determined that the actual anticipated annual recurring surplus to the City is
more likely to be approximately $17,900. Considering this, the aforementioned Development Agreement requires
that the developer contribute funds toward a Community Benefit Fee in order to offset the costs of the project to
the community.
CEQA DETERMINATION:
Pursuant to the California Environmental Act (CEQA), an Environmental Impact Report (EIR) (SCH No.
2020090076), has been prepared for this project. Under CEQA, the purpose of an EIR is to inform the public
about any significant impacts to the physical environment resulting from a project, identify ways to avoid or lessen
the impacts, identify alternatives, and promote public participation. The contents of the EIR become a planning
tool for the Planning Commission and City Council to use in determining the appropriate and best land use for
the project site.
The intent of this EIR is to address and evaluate potentially significant impacts of the proposed project and
identify feasible mitigation measures and alternatives that may be adopted to reduce or eliminate these impacts.
A summary of all of the project-related impacts and the recommended mitigation measures is provided in the
Final EIR. The following summarizes key points in the environmental review process:
Notice of Preparation and Public Scoping Meeting: The Notice of Preparation (NOP) serves as public notification
that an EIR is being prepared and requests comment and input from responsible agencies and other interested
parties regarding environmental issues to be addressed in the document. In addition to the NOP, CEQA
recommends conducting a scoping meeting for the purpose of identifying the range of potential significant
impacts that should be analyzed within the scope of the Draft EIR. The public scoping meeting is to receive
public testimony on those issues that the public would like to have addressed in the EIR as it relates to the project
and environment.
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Accordingly, a notice advertising both the NOP and Public Scoping Meeting was prepared for the project and
circulated on September 3, 2020 to the State Clearinghouse (SCH No. 2020090076), public agencies, Native
American tribes, those interested parties who had previously requested notification and all property owners within
660 feet of the subject site. The notice advertising the NOP and the public scoping meeting was also published
in the Inland Valley Daily Bulletin on September 7, 2020 and made publicly available on the City’s website. The
Public Scoping Meeting was held virtually over Zoom on September 17, 2020. No members of the public or any
interested party provided comments at the Public Scoping Meeting. The public comment period to respond to
the NOP closed on October 3, 2020 and comment letters were received from the Native American Heritage
Commission, California Department of Fish and Wildlife, California Department of Transportation, San
Bernardino County Department of Public Works, Inland Empire Biking Alliance, South Coast Air Quality
Management District (SCAQMD), Cucamonga Valley Water District (CVWD) and the Inland Empire Utilities
Agency (IEUA). Written responses to all significant environmental issues raised were prepared and made
available in the Draft Environmental Impact Report (DEIR).
AB 52 and SB 18 Compliance: Notification in accordance with AB 52 was sent on December 23, 2020 to tribal
communities from a list of six tribes that have requested notification by the city. Notification in accordance with
SB 18 was sent out to thirteen tribal communities on August 24, 2020. In response to these notices, the San
Manuel Band of Mission Indians (SMBMI) responded with comments though they did not request consultation.
Rather the SMBMI provided language which they requested be made a part of the project mitigations.
Accordingly, language from SMBMI has been incorporated into the Mitigation Monitoring and Reporting Program
(MMRP). One other tribe (Gabrieleno Band of Mission Indians – Kizh Nation) held a phone consultation with City
staff in January 2021 at which point this tribe requested a tribal monitor be on site during grading activities. Thus,
the CEQA document prepared for the project reflects the requested language/mitigation measures.
Draft EIR Preparation and Circulation: Following the NOP and Public Scoping Meeting, a DEIR was prepared
and was distributed to Responsible and Trustee agencies, and individuals who had requested to review the
DEIR. The DEIR was distributed for a 45-day public review period on June 29, 2021 with the comment period
concluding on August 13, 2021. A Notice of Availability including electronic links to the DEIR and all technical
appendices was posted at the County, published in the Inland Valley Daily Bulletin, mailed to all property owners
within 660 feet, interested parties requesting such notification and posted on the city’s website on June 28, 2021.
Further, and also on June 28, 2021, the DEIR and all technical appendices were provided to the Office of
Planning and Research via the online “CEQAnet” portal for distribution to Responsible and Trustee agencies
and hard copies of the DEIR and all technical appendices were provided for public review at the following
locations:
Archibald Library – 7368 Archibald Avenue, Rancho Cucamonga, CA 91730;
Paul A Biane Library – 12505 Cultural Center Drive, Rancho Cucamonga, CA 91739;
Planning Department Public Counter at City Hall – 10500 Civic Center Drive, Rancho Cucamonga, CA
91730.
Comments were received from California Department of Fish and Wildlife (CDFW), South Coast Air Quality
Management District (SCAQMD), Cucamonga Valley Water District (CVWD), Southern California Regional Rail
Authority (Metrolink), Local Agency Formation Commission (LAFCO) and Mitchell Tsai, Attorney at Law (on
behalf of Southwest Regional Council of Carpenters).
Technical appendices and supporting documentation can be referenced on the City‘s website under the tab
”CEQA Documents Available for Review“ under the Current Projects & Planning Initiatives which can be
accessed here: https://www.cityofrc.us/community-development/planning
Mitigation Monitoring Reporting Program (MMRP): In compliance with CEQA, a monitoring program has been
prepared. The MMRP is a reporting program that identifies each adopted mitigation measure or project design
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feature that reduces the significance level of a particular impact. The MMRP indicates responsibility and timing
milestones for each mitigation measure.
Findings of Fact in Support of Determinations Related to Significant Environmental Impacts: The EIR concludes
that upon implementation of the project and all recommended mitigation measures, impacts associated with the
project would remain less than significant. No significant and unavoidable impact was identified; thus, it is
determined that no Statement of Overriding Consideration is required to be adopted.
CORRESPONDENCE:
A notice of public hearing was mailed to all property owners within 1,500 feet of the subject property, the site
was posted, and a notice of public hearing was published in the Inland Valley Daily Bulletin on November 24,
2021. To date, no comments or correspondence have been received in response to these notices as of the
writing of this report.
COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:
The development of the project achieves the City Council’s Core Value of “Intentionally embracing and
anticipating the future,” and “continuous improvement.” In addition to providing the City with new industrial
warehouse facilities which will attract quality tenants, the project also results in the construction of a new public
street which will improve future circulation in the SEIQ by providing an additional north-south connection on Napa
Street which will connect with the future expanded road network throughout the SEIQ.
EXHIBITS:
Exhibit A - Vicinity Map and Aerial Photograph
Exhibit B - Project Plans and Uniform Sign Program
Exhibit C - Draft EIR, Final EIR, Technical Appendices, Mitigation Monitoring and Reporting Program, EIR
Findings
Exhibit D - Planning Commission Resolution General Plan Amendment (DRC2020-00184)
Exhibit E - Planning Commission Resolution Annexation (DRC2020-00185) and Prezoning (DRC2020-00186)
Exhibit F - Planning Commission Resolution Tentative Parcel Map (SUBTPM20251)
Exhibit G - Planning Commission Resolution Design Review (DRC2020-00177)
Exhibit H - Planning Commission Resolution Conditional Use Permit (DRC2021-00317)
Exhibit I - Planning Commission Resolution Uniform Sign Program (DRC2020-00178)
Exhibit J - Planning Commission Resolution Development Agreement (DRC2020-00175) with Draft
Development Agreement
Exhibit K - Design Review Committee Comments
Exhibit L - Conditions of Approval
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Conditions of Approval
Community Development Department
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Planning Department
Please be advised of the following Special Conditions
The project shall comply with all mitigation measures identified in the Environmental Impact Report SCH
No. (2020090076) and the corresponding Mitigation Monitoring and Reporting Program.
1.
The proposed public street shall be named Via Maris Place. This street name shall be submitted for
Planning Director review and approval in accordance with the adopted Street Naming Policy prior to
approval of the final map.
2.
Standard Conditions of Approval
Any approval shall expire if Building Permits are not issued or approved use has not commenced within
2 years from the date of approval or a time extension has been granted.
3.
Any modification or intensification of the approved use, including revisions in the operations of the
business including changes to the operating days/hours; change in the location on-site or within the
building of the use/activity that is approved by this Conditional Use Permit; improvements including new
building construction; and/or other modifications/intensification beyond what is specifically approved by
this Conditional Use Permit, shall require the review and approval by the appropriate discretionary body
prior to submittal of documents for plan check/occupancy, construction, commencement of the activity,
and/or issuance of a business license. The Planning Director may determine that modifications or
intensifications of use require the submittal of an application to modify this Conditional Use Permit for
review by the City.
4.
This project is subject to public art requirement outlined in Chapter 17.124 of the Development Code, in
accordance with Development Agreement DRC2021-00175. The applicant shall be required to install
art onsite pursuant to Development Code Section 17.124 with a minimum value of $100,000, pursuant
to Development Agreement DRC2021-00175.
No final approval, such as a final inspection or the a issuance of a Certificate of Occupancy, for any
development project (or if a multi-phased project, the final phase of a development project) that is
subject to this requirement shall occur unless the public art requirement has been fulfilled to the
satisfaction of the Planning Department.
5.
The applicant shall sign the Statement of Agreement and Acceptance of Conditions of Approval
provided by the Planning Department. The signed Statement of Agreement and Acceptance of
Conditions of Approval shall be returned to the Planning Department prior to the submittal of
grading/construction plans for plan check, request for a business license, and/or commencement of the
approved activity.
6.
www.CityofRC.us
Printed: 12/2/2021 Page 343
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Planning Department
Standard Conditions of Approval
The applicant shall agree to defend at his sole expense any action brought against the City, its agents,
officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such
approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs
and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay
as a result of such action. The City may, at its sole discretion, participate at its own expense in the
defense of any such action but such participation shall not relieve applicant of his obligations under this
condition.
7.
Copies of the signed Planning Commission Resolution of Approval or Approval Letter, Conditions of
Approval, and all environmental mitigations shall be included on the plans (full size). The sheet (s) are for
information only to all parties involved in the construction /grading activities and are not required to be
wet sealed/stamped by a licensed Engineer/Architect.
8.
The applicant shall be required to pay California Department of Fish and Wildlife Notice of
Determination & Environmental Impact Report fee. All checks are to be made payable to the Clerk of
the Board Supervisors and submitted to the Planning Department within 5 days of the approval of the
project by Planning Commission/City Council.
9.
Front yard and corner side yard landscaping and irrigation shall be required per the Development
Code. This requirement shall be in addition to the required street trees and slope planting. All
landscaping shall be installed to the satisfaction of the Planning Department prior to the issuance of final
occupancy.
10.
A detailed landscape and irrigation plan, including slope planting and model home landscaping in the
case of residential development, shall be prepared by a licensed landscape architect and submitted for
Planning Director review and approval prior to the issuance of Building Permits for the development or
prior final map approval in the case of a custom lot subdivision. For development occurring in the Very
High Fire Hazard Severity Zone, the landscape plans will also be reviewed by Fire Construction
Services.
11.
The final design of the perimeter parkways, walls, landscaping, and sidewalks shall be included in the
required landscape plans and shall be subject to Planning Director review and approval and
coordinated for consistency with any parkway landscaping plan which may be required by the
Engineering Services Department.
12.
Landscaping and irrigation systems required to be installed within the public right -of-way on the
perimeter of this project area shall be continuously maintained by the developer.
13.
The signs indicated on the submitted plans are conceptual only and not a part of this approval. Any
signs proposed for this development shall comply with the Development Code and Uniform Sign
Program approved as part of this application. Sign plans shall be submitted for review and approval by
the Building and Planning Departments as necessary prior to the issuance of sign permits.
14.
Approval of this request shall not waive compliance with all sections of the Development Code, all other
applicable City Ordinances, and applicable Community, Specific Plans and /or Master Plans in effect at
the time of Building Permit issuance.
15.
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Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Planning Department
Standard Conditions of Approval
The site shall be developed and maintained in accordance with the approved plans which include Site
Plans, architectural elevations, exterior materials and colors, landscaping, sign program, and grading
on file in the Planning Department, the conditions contained herein, the Development Code regulations.
16.
All Double Detector Checks (DDC) and Fire Department Connections (FDC) required and/or proposed
shall be installed at locations that are not within direct view or line-of-sight of the office corner of the
building. The specific locations of each DDC and FDC shall require the review and approval of the
Planning Department and Fire Construction Services/Fire Department. All Double Detector Checks
(DDC) and Fire Department Connections (FDC)
screened behind a 4-foot high wall. For this project, these walls shall be constructed of poured in-place
concrete with design elements incorporated to match the building.
17.
Downspouts shall not be visible from the exterior of any elevations of the buildings. All downspouts shall
be routed through the interior of the building walls.
Decorative paving shall be provided at each vehicle entrance to the site, behind the public right-of-way.
These decoratively paved areas shall extend from the front property line to the building setback line and
have a width equal to that of the driveway.
18.
Prior to any use of the project site or business activity being commenced thereon, all Conditions of
Approval shall be completed to the satisfaction of the Planning Director.
19.
Occupancy of the facilities shall not commence until such time as all California Building Code and State
Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be submitted to the
Rancho Cucamonga Fire Protection District and the Building and Safety Services Department to show
compliance. The buildings shall be inspected for compliance and final acceptance granted prior to
occupancy.
20.
All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for
consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building,
etc.) or prior to final map approval in the case of a custom lot subdivision, or approved use has
commenced, whichever comes first.
21.
Trash receptacle(s) are required and shall meet City standards. The final design, locations, and the
number of trash receptacles shall be subject to Planning Director review and approval prior to the
issuance of Building Permits.
22.
For commercial and industrial projects, paint roll-up doors and service doors to match main building
colors.
23.
This tentative tract map or tentative parcel map shall expire, unless extended by the Planning
Commission, unless a complete final map is filed with the Engineering Services Department within 3
years from the date of the approval.
24.
All building numbers and individual units shall be identified in a clear and concise manner, including
proper illumination and in conformance with Building and Safety Services Department standards, the
Municipal Code and the Rancho Cucamonga Fire Department (RCFD) Standards.
25.
www.CityofRC.us Page 3 of 20Printed: 12/2/2021 Page 345
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Planning Department
Engineering Services Department
Please be advised of the following Special Conditions
The existing driveways on Napa Street shall meet City Standard. If the driveways do not meet City
Standard the developer shall be responsible for the reconstruction of the driveways.
1.
The street lights shall be owned by the City. Developer shall be responsible to coordinate and pay all
costs of street lights and to provide power to City owned street lights.
2.
Development impact fees are due prior to issuance of a building permit or certificate of occupancy per
the Engineering Fee schedule, Government Code Section 66000, et seq. and local ordinance. Pursuant
to Government Code Section 66020(d), the 90-day approval period in which the applicant may protest
these fees will begin at the date the fees are invoiced. Protests must be made in writing and be
delivered to the City Clerk prior to the close of business on the 90th day of the 90-day approval period
3.
RCMU Requirement: 1)Electric: The Rancho Cucamonga Municipal Utility (RCMU) shall be the
electrical service provider for all project related development. The Developer shall execute a Line
Extension Agreement for electric service and shall construct electrical distribution facilities in
accordance with such agreement and RCMU requirements and dedicate such facilities to the Rancho
Cucamonga Municipal Utility. RCMU’s existing underground electric system will be located off of
Etiwanda Ave.
4.
RCMU Requirement: 2)Fiber: The proposed development is slated to be included in the City ’s
Fiber Optic Master Plan that would provide a City owned Fiber-to-the-Premise (FTTP) infrastructure.
The City will require the developer to install a 1-4” UG Fiber Optic dark conduit on the north side of
Napa Street along the project boundary along with a 3’x4’x3’ pullbox on each end of the route and into
the project boundary. The size, placement and location of the conduit and vaults shall be shown on the
Street Improvement and/or Public Improvement Plans and subject to the Engineering Services
Department's review and approval prior to the issuance of building permits or final map approval,
whichever comes first.
On site, the City will require 1-2” UG HDPE or equal fiber optic conduit to be placed underground within
a duct and structure system to be installed joint trench by the Developer per Standard Drawing 135-137
and interconnected into the City's 4" fiber optic conduit. The size, placement and location of the conduit
and/or vaults shall run into the building's telecommunication room and be shown on the final dry utility
onsite substructure plans and subject to the Engineering Services Department's review and approval
prior to the issuance of building permits or final map approval, whichever comes first.
5.
RCMU Requirement: 3) Streetlights: The existing streetlights along the frontage of the project boundary
will need to be deeded to the City and retrofitted to the City ’s streetlight Standard Drawing 410. New
Streetlights shall be installed along the proposed Industrial Road along the west boundary. Developer
shall be responsible to coordinate and pay all costs of the street lights and to provide power to City
owned street lights.
6.
www.CityofRC.us Page 4 of 20Printed: 12/2/2021 Page 346
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Engineering Services Department
Please be advised of the following Special Conditions
7.No grading, encroachment, or building permits will be issued until the northerly half portion of Napa St.
is annexed into the City. In the event that the Development Agreement is approved, the terms of the
Development Agreement shall govern over this condition.
Relocation of Edison Facilities to the north side of Napa St. must be undergrounded per the City's
Undergrounding Policy. All electrical lines less than 66kv (telephone & cable) shall be undergrounded.
8.
9. Prior to approval of the parcel map the northerly half of Napa Street shall be annexed into the City. In the event
that the Development Agreement is approved, the terms of the Development Agreement shall govern over this
condition.
www.CityofRC.us Page 5 of 20Printed: 12/2/2021 Page 347
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Engineering Services Department
Please be advised of the following Special Conditions
Developer shall construct the following traffic improvements and dedicate the necessary right -of-way
consistent with the Project's TIA and determined necessary by the City Engineer
For Non-Sort Use
a) [DIF] For the intersection of Etiwanda Avenue and 6th Street - Install a traffic signal
b) [P] For the intersection of 4th Street at the I-15 SB Ramps and Ontario Mills Drive - Modify existing
traffic signal to implement a 130-second cycle length and overlap phasing for the westbound right turn
lane, restripe the southbound approach to provide one left turn lane, one through lane, and dual right turn
lanes. Modify the traffic signal to implement overlap phasing for northbound and southbound right turn
lanes.
For Sort Use
a) [P] For the intersection of Milliken Avenue and 4th Street - Modify the existing traffic signal to
implement overlap phasing on the westbound right turn lane and modify the traffic signal to implement
overlap phasing for the eastbound right turn lane.
b) [P] For the intersection of Etiwanda Avenue and Arrow Route - Install striping to implement a second
southbound left turn lane.
c) For the intersection of Etiwanda Avenue and Napa Street - Install striping to add a northbound right
turn lane and a second left turn lane. Modify the existing traffic signal to implement a northbound right
turn overlap and a westbound right turn overlap.
d) For the intersection of Haven Avenue and 4th Street - Modify the traffic signal to implement an
optimized cycle length.
e) For the intersection of Etiwanda Avenue and the I -10 eastbound ramps - Restripe the eastbound
shared left and right turn lane to a dedicated right turn lane
Reimbursement. An improvement identified as [P] in above is eligible for a 50% reimbursement of the
actual costs if first constructed by Developer and the same improvement is also required to be
constructed by the Bridge Point development. Developer may receive reimbursement of fifty percent
(50%) of the actual cost of these improvements if the improvements are first constructed by Developer
and the same improvements are also required to be constructed by the Bridge Point Rancho
Cucamonga project located at 12434 4th Street. Alternatively, if the improvement is first constructed by
the Bridge Point Rancho Cucamonga project, then Developer shall pay a reimbursement to the City,
which will be passed through to the Bridge Point Rancho Cucamonga project ’s developer, equal to fifty
percent (50%) of the actual cost of the improvements and is not required to construct the improvements .
Improvements identified as [DIF] are currently listed in the City ’s Transportation Development Impact
Fee Program and are eligible for credit and /or reimbursement up to the amounts identified in the
program as of the date of payment of the Transportation Development Impact Fees. If these
improvements are constructed by others prior to the development of this project, no credits or
10.
www.CityofRC.us Page 6 of 20Printed: 12/2/2021 Page 348
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Engineering Services Department
Please be advised of the following Special Conditions
reimbursements shall be owed to Developer.
Fair Share Payment in lieu of Remaining Traffic Improvements. In lieu of constructing the opening year
and horizon year (2040) traffic improvements outlined in the TIA but not described above, Developer
shall have the right to pay a fair share fee into the City ’s Industrial Area Traffic Improvement Fund as
determined by the City Engineer (the “Fair Share Fee”). The Fair Share Fee shall be due prior to
issuance of the first certificate of occupancy for the Project.
New Public Street. Developer shall construct, consistent with the City ’s standards and to the satisfaction
of the City Engineer, a new public street on the west side of the Project site from Napa Street to the
Project’s northerly property line with APN 0229-291-55, to be classified as an Industrial Collector
(66-foot full-width right-of-way). Developer shall be responsible for all costs associated with the design
and construction of the new public street.
Standard Conditions of Approval
Dedication shall be made of the following rights -of-way on the perimeter streets (running from north to
south) along the west boundary:
66 total feet on "A" Street
The industrial road shall be located as shown on the conceptual plans along the westerly boundary and
extend from Napa Street northerly to the north property line.
11.
Rights-of-way and easements shall be dedicated to the City for all public streets, public landscape
areas, street trees, traffic signal encroachment and maintenance, and public drainage facilities as
shown on the plans and /or tentative map. Private easements for non -public facilities (cross-lot
drainage, local feeder trails, etc.) shall be reserved as shown on the plans and/or tentative map.
12.
A final drainage study shall be submitted to and approved by the City Engineer prior to the issuance of
Grading Permits. All drainage facilities shall be installed as required by the City Engineer.
13.
Adequate provisions shall be made for acceptance and disposal of surface drainage entering the
property from adjacent areas.
14.
A permit from the San Bernardino County Flood Control District is required if any grading work is
proposed within its right-of-way.
15.
Trees are prohibited within 5 feet of the outside diameter of any public storm drain pipe measured from
the outer edge of a mature tree trunk.
16.
www.CityofRC.us Page 7 of 20Printed: 12/2/2021 Page 349
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Engineering Services Department
Standard Conditions of Approval
** CD Information Required Prior to Sign-Off for Building Permit
Prior to the issuance of building permits, if valuation is greater or equal to $100,000, a Diversion
Deposit and a related administrative fee shall be paid for the Construction and Demolition Diversion
Program. The deposit is fully refundable if at least 65% of all wastes generated during construction and
demolition are diverted from landfills, and appropriate documentation is provided to the City. Applicant
must identify if they are self -hauling or utilizing Burrtec prior to issuance of a building permit. Proof of
diversion must be submitted to the Environmental Engineering Division within 60 days following the
completion of the construction and / or demolition project.
Contact Marissa Ostos, Environmental Engineering, at (909) 774-4062 for more information.
Instructions and forms are available at the City's website, www .cityofrc.us, under City Hall / Engineering /
Environmental Programs / Construction & Demolition Diversion Program.
17.
Prior to approval of the parcel map or lot merger, a deposit shall be posted with the City covering the
estimated cost of apportioning the assessments under Assessment Districts LMD 3B, SLD 1 & SLD 6
and CFD 85-1 among the newly created parcels.
18.
Permits or approvals shall be obtained from the following agencies for any work that may impact/ is
within their right of way:
a) Metropolitan Water District;
b) San Bernardino County Flood Control District.
c) Southern California Edison
19.
A signed consent and waiver form to join and /or form the appropriate Landscape and Lighting Districts
shall be filed with the Engineering Services Department prior to final map approval or a lot merger .
Formation costs shall be borne by the developer. The developer is required to annex into LMD 3B, SLD
1 & SLD 6 and CFD 85-1.
20.
Add the following note to any private landscape plans that show street trees: “All improvements within
the public right-of-way, including street trees, shall be installed per the public improvement plans .” If
there is a discrepancy between the public and private plans, the street improvement plans will govern.
21.
Construct the following perimeter street improvements including, but not limited to:
Street Name: "A" Street & Napa
Curb & Gutter
A.C. Pvmt
Side-walk
Drive Appr.
Street Lights
Street Trees
22.
www.CityofRC.us Page 8 of 20Printed: 12/2/2021 Page 350
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Engineering Services Department
Standard Conditions of Approval
Pursuant to Municipal Code Section 16.37.010, no person shall make connections from a source of
energy, fuel or power to any building or structure which is regulated by technical codes and for which a
permit is required unless, in addition to any and all other codes, regulations and ordinances, all
improvements required by these conditions of development approval have been completed and
accepted by the City Council, except: that in developments containing more than one building, structure
or unit, the development may have energy connections made in equal proportion to the percentage of
completion of all improvements required by these conditions of development approval, as determined
by the City Engineer, provided that reasonable, safe and maintainable access to the property exists. In
no case shall more than 95 percent of the buildings, structures or units be connected to energy sources
prior to completion and acceptance of all improvements required by these conditions of development
approval.
23.
Improvement Plans and Construction:
a. Street improvement plans, including street trees, street lights, and intersection safety lights on future
signal poles, and traffic signal plans shall be prepared by a registered Civil Engineer and shall be
submitted to and approved by the City Engineer. Security shall be posted and an agreement executed
to the satisfaction of the City Engineer and the City Attorney guaranteeing completion of the public
and/or private street improvements, prior to final map approval or the issuance of Building Permits,
whichever occurs first.
b. Prior to any work being performed in public right -of-way, fees shall be paid and a construction permit
shall be obtained from the Engineering Services Department in addition to any other permits required.
c. Pavement striping, marking, traffic signing, street name signing, traffic signal conduit, and
interconnect conduit shall be installed to the satisfaction of the City Engineer.
d. Signal conduit with pull boxes shall be installed with any new construction or reconstruction project
along major or secondary streets and at intersections for future traffic signals and interconnect wiring .
Pull boxes shall be placed on both sides of the street at 3 feet outside of BCR, ECR, or any other
locations approved by the City Engineer.
Notes:
1) Pull boxes shall be No. 6 at intersections and No. 5 along streets, a maximum of 200 feet apart,
unless otherwise specified by the City Engineer.
2) Conduit shall be 3-inch pvc with pull rope or as specified.
e. Access ramps for the disabled shall be installed on all corners of intersections per latest ADA
standards or as directed by the City Engineer.
f. Existing City roads requiring construction shall remain open to traffic at all times with adequate
detours during construction. Street or lane closure permits are required. A cash deposit shall be
provided to cover the cost of grading and paving, which shall be refunded upon completion of the
construction to the satisfaction of the City Engineer.
g. Concentrated drainage flows shall not cross sidewalks. Under sidewalk drains shall be installed to
City Standards, except for single-family residential lots.
h. Street names shall be approved by the Planning Manager prior to submittal for first plan check.
24.
www.CityofRC.us Page 9 of 20Printed: 12/2/2021 Page 351
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Engineering Services Department
Standard Conditions of Approval
Install street trees per City street tree design guidelines and standards as follows. The completed
legend (box below) and construction notes shall appear on the title page of the street improvement
plans. Street improvement plans shall include a line item within the construction legend stating: “Street
trees shall be installed per the notes and legend on the Public Improvement Plan." Where public
landscape plans are required, tree installation in those areas shall be per the public landscape
improvement plans.
Street Name: Napa Street and Industrial Street
Botanical Name: Platanus Racemosa
Common Name: California Sycamore
Min. Grow Space: 40' o/c
Spacing: 50' o/c
Size: 15 gal. min.
Qty.: to be determined during design
Construction Notes for Street Trees:
1) All street trees are to be planted in accordance with City standard plans.
2) Prior to the commencement of any planting, an agronomic soils report shall be furnished to the City
inspector. Any unusual toxicities or nutrient deficiencies may require backfill soil amendments, as
determined by the City inspector.
3) All street trees are subject to inspection and acceptance by the Engineering Services Department.
25.
Intersection line of sight designs shall be reviewed by the City Engineer for conformance with adopted
policy. On collector or larger streets, lines of sight shall be plotted for all project intersections, including
driveways. Local residential street intersections and commercial or industrial driveways may have lines
of sight plotted as required.
26.
During construction of "A" Street access shall be maintained for property to the north of the project site.27.
All public improvements (interior streets, drainage facilities, community trails, paseos, landscaped
areas, etc.) shown on the plans and /or tentative map shall be constructed to City Standards. Interior
street improvements shall include, but are not limited to, curb and gutter, AC pavement, drive
approaches, sidewalks, street lights, and street trees.
28.
Street trees, a minimum of 15-gallon size or larger, shall be installed per City Standards in accordance
with the City's street tree program.
29.
The developer shall be responsible for the relocation of existing utilities as necessary. Prior to the
approval of the Parcel/Final Map, or issuance of a rough or precise grading plan (whichever comes
first), the developer shall provide a non -interference letter (or equivalent) from Southern California
Edison Company.
30.
www.CityofRC.us Page 10 of 20Printed: 12/2/2021 Page 352
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Engineering Services Department
Standard Conditions of Approval
Provide separate utility services to each parcel including sanitary sewerage system, water, gas, electric
power, telephone, and cable TV (all underground) in accordance with the Utility Standards. Easements
shall be provided as required.
31.
Water and sewer plans shall be designed and constructed to meet the requirements of the Cucamonga
Valley Water District (CVWD), other local water or sewer districts, Rancho Cucamonga Fire Protection
District, and the Environmental Health Department of the County of San Bernardino. A letter of
compliance from the CVWD is required prior to final map approval or issuance of permits, whichever
occurs first. Such letter must have been issued by the water district within 90 days prior to final map
approval in the case of subdivision or prior to the issuance of permits in the case of all other residential
projects.
32.
Fire Prevention / New Construction Unit
Standard Conditions of Approval
The parcel in Rancho Cucamonga and the parcel proposed to be annexed into the City are required to
be annexed into Community Facilities District 85-1 (CFD 85-1). Please contact Kelly Guerra with the
City of Rancho Cucamonga’s Special Districts Division at (909) 774-2582 or
Kelly.Guerra@CityofRC.US to complete the annexation. The annexation requirement will not be
considered complete until the applicant begins the annexation process and Special Districts notifies the
Fire Marshal that the process has been started.
1.
Locking and latching hardware for access doors is required to be operable from the exterior of the
building and is required to be single action latch/lock release on the interior of the building.
2.
Access doors are required to be identified in accordance with Fire District Standard 5-5. The Standard
has been uploaded to the Documents section.
3.
Access doors are required to be distributed along the exterior of the building such that the lineal
distance between adjacent access doors does not exceed 125 feet measured center to center.
4.
Required alarm systems and supervision systems are required to be in accordance with Fire District
Standard 9-3. The Standard has been uploaded to the Documents section.
5.
Exterior doors and doors providing access to fire protection and life safety systems and equipment are
required to have identification signage in accordance with Fire District Standard 5-5. The Standard has
been uploaded to the Documents section.
6.
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Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Fire Prevention / New Construction Unit
Standard Conditions of Approval
The location, size, construction materials, or other features of this building and the associated project
are such that adequate emergency responder radio coverage may not be achievable within the building
that is proposed. It is highly recommended that a radio signal strength assessment is completed by San
Bernardino County Information Services Department (ISD). Please contact Tim Trager with County ISD
at 909-388-5563 or ttrager@isd.sbcounty.gov
Upon substantial completion and final completion of construction, the fire code official will oversee a
radio signal strength test that is in accordance with the California Fire Code. If acceptable radio
coverage cannot be achieved after construction is completed, equipment necessary to increase the
radio signal strength or otherwise allow adequate emergency responder radio communication will be
required to be installed.
7.
Fire flow information for this project is obtained from the Fontana Water Compnay (FWC). FWC can be
reached at 909-822-2201 or CustomerService@fontanawater.com.
8.
Fire flow is required to be in accordance with Appendix B of the California Fire Code. The Fire District
has adopted the appendix without local amendments. Proof of the availability of the required fire flow
must be provided to the Fire District in the form of a letter or written report dated within the past 12
months.
9.
Fire sprinkler are required to be installed in accordance with Fire District Standard 9-5. The Standard
has been uploaded to the Documents section.
10.
A Knox Box key box is required in accordance with Fire District Standard 5-9. Additional boxes may be
required depending on the size of the building, the location of fire protection and life safety system
controls, and the operational needs of the Fire District. The Standard has been uploaded to the
Documents section. If an installed Knox Box is available to this project or business, keys for the
building/suite/unit are required to be provided to the Fire Inspector at the final inspection.
11.
A Knox key switch is required to be installed on motorized gates that are installed across or provide
access to a fire access road (fire Lane). See Fire District Standard 5-3 for Residential Gates and Fire
District Standard 5-4 for Commercial and Industrial Gates.
12.
A Knox or Fire District padlock is required to be incorporated into the security system for a manually
operated gate that are installed across or provides access to a fire access road (fire lane).
13.
Coordinate landscaping with the roof access ladder points and address signage. Landscaping cannot
obstruct roof access or clear visibility of address signage from time of installation to maturity of the
shrubs and trees.
14.
Roof access is required to be in accordance with Fire District Standard 5-6. The Standard has been
uploaded to the Documents section.
15.
Designated and conforming aerial apparatus access is required in accordance with Fire District
Standard 5-1. Show aerial apparatus access on the fire access plan. The Standard has been uploaded
to the Documents section.
16.
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Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Fire Prevention / New Construction Unit
Standard Conditions of Approval
Fire apparatus access (fire lane) design, construction, and identification are required to be in
accordance with Fire District Standard 5-1. The Standard has been uploaded to the Documents
section.
17.
Street address and unit /suite signage for commercial and industrial buildings are required to be in
accordance with Fire District Standard 5-8. The Standard has been uploaded to the Documents
section.
18.
Fire apparatus access roads and emergency vehicle access is required to be identified with signs
and/or other approved makings in accordance with Fire District Standard 5-1. A copy of the Standard
has been uploaded to the Documents section.
19.
Identification of fire protection systems and components, fire alarm systems and components, and
equipment and devices associated with fire and life safety systems is required to be in accordance with
Fire District Standards 5-5 and 5-10. The Standards have been uploaded to the Documents section.
20.
Public and private fire service water mains, public and private hydrants, water control valves, fire
sprinkler risers, fire department connections (FDCs), and other fire protection water related devices and
equipment are required to be provided, designed, and installed in accordance with Fire District
Standard 5-10. The Standard has been uploaded to the Documents section.
21.
Building and Safety Services Department
Please be advised of the following Special Conditions
When the Entitlement Review is approved submit complete construction drawings including structural
calculations, energy calculations and soils report to Building and Safety for plan review in accordance
with the current edition of the California Building and Fire Codes including all local ordinances and
standards which are effective at the time of Plan Check Submittal. The new structures are required to be
equipped with automatic fire sprinklers per the California Building Code and Current RCFPD
Ordinance. Disabled access for the site and buildings must be in accordance to the State of California
and ADA regulations. If it is anticipated that there will be a need for temporary fire protection water
supply and/or temporary fire access, submit a separate plan for review and approval that complies with
RCFD Standard 33-3.
Where no public sewer is available an onsite wastewater system for each building shall be designed
and installed per the Local Agency Management Program Ordinance No. 936. A separate submittal
and permit is required for this submittal.
The Metropolitan Water District (MWD) Feeder Line shall be protected from building surcharge and
vehicular loading as noted in the MWD letter dated June 2, 2020. A letter of review and approval from
MWD of the grading plan, drainage plan, septic plan, and building plans is required prior to issuance of
a building permit.
1.
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Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Grading Section
Standard Conditions of Approval
Prior to issuance of a grading permit for non -residential projects the applicant shall show on the
electrical plans and the permitted grading plan set the location for a future installation of an Electric
Vehicle (EV) charging station/parking area per the current adopted California Green Building
Standards Code, section 5.106.5.3.
1.
Grading of the subject property shall be in accordance with current adopted California Building Code
and/or the California Residential Code, City Grading Standards, and accepted grading practices. The
Grading and Drainage Plan (s) shall be in substantial conformance with the approved conceptual
Grading and Drainage Plan.
2.
A soils report shall be prepared by a qualified Engineer licensed by the State of California to perform
such work. Two copies will be provided at grading and drainage plan submittal for review. Plans shall
implement design recommendations per said report.
3.
The final Grading and Drainage Plan, appropriate certifications and compaction reports shall be
completed, submitted, and approved by the Engineering Services Department prior to the issuance of
building permits.
4.
Prior to issuance of a grading permit the precise grading and drainage plan shall follow the format
provided in the City of Rancho Cucamonga handout “Information for Grading Plans and Permit”.
5.
A separate Grading and Drainage 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 and Drainage Plan shall be prepared, stamped, and wet signed by
a California licensed Civil Engineer prior to the issuance of a grading or building permit.
6.
The applicant shall comply with the City of Rancho Cucamonga Dust Control Measures and place a dust
control sign on the project site prior to the issuance of a grading permit. All dust control sign (s) shall be
located outside of the public right of way.
7.
If a Rough Grading and Drainage Plan /Permit are submitted to the Engineering Services Department
for review, the rough grading plan shall be a separate plan submittal and permit from Precise Grading
and Drainage Plan/Permit.
8.
Prior to issuance of a grading permit the Final Grading and Drainage Plan shall show the accessibility
path from the public right of way and the accessibility parking stalls to the building doors in conformance
with the current adopted California Building Code. All accessibility ramps shall show sufficient detail
including gradients, elevations, and dimensions and comply with the current adopted California Building
Code.
9.
The Grading and Drainage Plan shall implement City Standards for on -site construction where possible,
and shall provide details for all work not covered by City Standard Drawings.
10.
Prior to issuance of a grading permit the grading plan shall show that all manufactured slopes shall be a
minimum 2-foot offset from the public right of way, permitted line, or the adjacent private property. All
slope offsets shall meet the requirements of the current adopted California Building Code.
11.
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Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Grading Section
Standard Conditions of Approval
Prior to issuance of a grading permit, the grading and drainage plan shall show the maximum parking
stall gradient at 7 percent. Accessibility parking stall grades shall be constructed per the, current
adopted California Building Code.
12.
The applicant shall provide a grading agreement and grading bond for all cut and fill combined
exceeding 5,000 cubic yards prior to issuance of a grading permit. The grading agreement and bond
shall be approved by the City Engineer, or his designee.
13.
The final grading and drainage plan shall show existing topography a minimum of 100-feet beyond
project boundary.
14.
This project shall comply with the accessibility requirements of the current adopted California Building
Code.
15.
Grading Inspections:
a) Prior to the start of grading operations the owner and grading contractor shall request a pre -grading
meeting. The meeting shall be attended by the project owner /representative, the grading contractor and
the Building Inspector to discuss about grading requirements and preventive measures, etc. If a
pre-grading meeting is not held within 24 hours from the start of grading operations, the grading permit
may be subject to suspension by the Building Inspector;
b) The grading contractor shall call into the City of Rancho Cucamonga Building and Safety Department
at least 1 working day in advance to request the following grading inspections prior to continuing
grading operations:
i)The bottom of the over-excavation;
ii)Completion of Rough Grading, prior to issuance of the building permit;
iii)At the completion of Rough Grading, the grading contractor or owner shall submit to the Permit
Technicians (Building and Safety Front Counter) an original and a copy of the Pad Certifications to be
prepared by and properly wet signed and sealed by the Civil Engineer and Soils Engineer of Record;
iv) The rough grading certificates and the compaction reports will be reviewed by the Associate
Engineer or a designated person and approved prior to the issuance of a building permit.
16.
All roof drainage flowing to the public right of way (Napa Street) must drain under the sidewalk through a
parkway culvert approved by the Engineering Department. This shall be shown on both the grading and
drainage plan and Engineering Services Department required plans.
17.
Prior to issuance of a grading permit the applicant shall show on the site plan and the permitted grading
plan set for non-residential projects the designated parking for clean air vehicles per the current
adopted California Green Building Standards Code, section 5.106.5.2.
18.
Prior to approval of the project -specific storm water quality management plan, the applicant shall submit
to the City Engineer, or his designee, a precise grading plan showing the location and elevations of
existing topographical features, and showing the location and proposed elevations of proposed
structures and drainage of the site.
19.
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Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Grading Section
Standard Conditions of Approval
A drainage study showing a 100-year, AMC 3 design storm event for on -site drainage shall be
prepared and submitted to the Engineering Services Department for review and approval for on -site
storm water drainage prior to issuance of a grading permit. The report shall contain water surface
profile gradient calculations for all storm drain pipes 12-inches and larger in diameter. All reports shall
be wet signed and sealed by the Engineer of Record. In addition, the project specific drainage study
shall provide inlet calculations showing the proper sizing of the water quality management plan storm
water flows into the proposed structural storm water treatment devices.
20.
Private sewer, water, and storm drain improvements will be designed per the latest adopted California
Plumbing Code. Private storm drain improvements shall be shown on the grading and drainage plan.
21.
San Bernardino County Flood Control District (SBCFCD) shall approve all plans that impact their right
of way, including utilities, storm drain, slopes, and street trees and landscaping prior to issuance of a
grading permit. A note shall be included on all pertinent plans requiring SBCFCD to be notified two
working days prior to starting any work in the vicinity of their easement.
22.
Prior to issuance of a grading permit the applicant shall obtain written comments from San Bernardino
County Flood Control District regarding site design restrictions within their easement and provide a
copy of said comments to the Engineering Services Department for review.
23.
Prior to the issuance of the Certificate of Occupancy or final sign off by the Building Inspector the
engineer of record shall certify the functionality of the storm water quality management plan (WQMP)
storm water treatment devices and best management practices (BMP).
24.
Prior to approval of the Water Quality Management Plan (WQMP), the WQMP shall include a copy of
the project Conditions of Approval.
25.
Metropolitan Water District (MWD) shall approve all plans that impact their easement, including utilities,
storm drain, slopes, and street trees and landscaping prior to issuance of a grading permit. A note shall
be included on all pertinent plans requiring Metropolitan Water District Operations Maintenance Branch
to be notified two working days prior to starting any work in the vicinity of their easement.
26.
Prior to issuance of a grading permit the applicant shall obtain written comments from MWD regarding
site design restrictions within their easement and provide a copy of said comments to the City Engineer
for review.
27.
Prior to the issuance of a Grading Permit the City of Rancho Cucamonga ’s “Memorandum of
Agreement of Storm Water Quality Management Plan” shall be submitted for review and approval by the
Engineering Services Department and then recorded with the County Recorder’s Office.
28.
Prior to issuance of a Grading Permit the applicant shall obtain a Waste Discharge Identification
Number (WDID). The WDID number shall also be shown on the WQMP Site and Drainage Plan
document.
29.
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Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Grading Section
Standard Conditions of Approval
The applicant shall provide a copy of a completed EPA Form 7520-16 (Inventory of Injection Wells) for
each underground infiltration device, with the Facility ID Number assigned, to the Engineering Services
Department Official prior to issuance of the Grading Permit and /or approval of the project-specific
Water Quality Management Plan. A copy of EPA Form 7520-16 shall be scanned and pasted onto the
permitted grading plan set, and a copy of said form shall be included in the project -specific Water
Quality Management Plan.
30.
The land owner shall provide an inspection report by a qualified person /company on a biennial basis for
the Class V Injection Wells /underground infiltration chambers to the City of Rancho Cucamonga
Environmental Program Manager. The land owner shall maintain on a regular basis all best
management practices (BMP”s) as described in the Storm Water Quality Management Plan (WQMP)
prepared for the subject project. All costs associated with the underground infiltration chamber are the
responsibility of the land owner.
31.
The land owner shall provide an inspection report on a biennial basis for the structural storm water
treatment devices, commonly referred to as BMPs, to the City of Rancho Cucamonga Environmental
Program Manager. The land owner shall maintain on a regular basis as described in the Storm Water
Quality Management Plan prepared for the subject project. All costs associated with the underground
infiltration chamber are the responsibility of the land owner.
32.
The land/property owner shall follow the inspection and maintenance requirements of the approved
project specific Water Quality Management Plan and shall provide a copy of the inspection reports on a
biennial basis to the City of Rancho Cucamonga Environmental Program Manager.
33.
A final project-specific Storm Water Quality Management Plan (WQMP) shall be approved by the City
Engineer, or his designee, and the City of Rancho Cucamonga ’s “Memorandum of Storm Water Quality
Management Plan” shall be recorded prior to the issuance of a grading permit or any building permit.
34.
The Site and Drainage Plan in the final project -specific Water Quality Management Plan shall show the
locations of all roof downspout drains. if required for storm water quality purposes, the downspouts shall
include filters.
35.
The final project-specific water quality management plan (WQMP) shall include executed maintenance
agreements along with the maintenance guidelines for all proprietary structural storm water treatment
devices (BMP’s). In the event the applicant cannot get the proprietary device maintenance agreements
executed prior to issuance of a grading permit, the applicant is required to submit a letter to be included
within the WQMP document, and scanned and pasted onto the Site and Drainage Plan which states
that prior to issuance of a certificate of occupancy with applicant shall enter into a contract for the
maintenance of the proprietary storm water treatment device. If the proprietary storm water treatment
device is part of a residential subdivision, prior to the sale of the residential lot, the developer shall
include maintenance agreement (s) as part of the sale of the residential lot to the buyer. A copy of the
maintenance agreements to be included in the sale of the property shall be included within the WQMP
document.
36.
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Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Grading Section
Standard Conditions of Approval
Prior to issuance of a grading permit and approval of the project specific water quality management
plan all private storm water catch basin inlets shall include insert filters to capture those pollutants of
concern as addressed in the in the final project -specific water quality management plan (WQMP). At a
minimum catch basin insert filters to capture trash and other floating debris. All catch basin insert filters
shall be maintained on a regular basis as described in the “Inspection and Maintenance Responsibility
for Post Construction BMP” section of the final project-specific water quality management plan.
37.
Prior to issuance of a grading permit the Final Project -Specific Water Quality Management Plan shall
include a completed copy of “Worksheet H: Factor of Safety and Design Infiltration Worksheet” located
in Appendix D “Section VII – Infiltration Rate Evaluation Protocol and Factor of Safety
Recommendations, …” of the San Bernardino County Technical Guidance Document for Water Quality
Management Plans. The infiltration study shall include the Soil Engineer ’s recommendations for
Appendix D, Table VII.3: Suitability Assessment Related Considerations for Infiltration Facility Safety
Factors”.
38.
Prior to approval of the final project -specific water quality management plan the applicant shall have a
soils engineer prepare a project -specific infiltration study for the project for the purposes of storm water
quality treatment. The infiltration study and recommendations shall follow the guidelines in the current
adopted “San Bernardino County Technical Guidance Document for Water Quality Management Plans”.
39.
The subject project, shall accept all existing off -site storm water drainage flows and safely convey those
flows through or around the project site. If existing off -site storm water drainage flows mix with any
on-site storm water drainage flows, then the off -site storm water drainage flows shall be treated with the
on-site storm water drainage flows for storm water quality purposes, prior to discharging the storm
water drainage flows from the project site.
40.
Prior to the issuance of a certificate of occupancy by the Building Official, or his designee, the civil
engineer of record shall file a Water Quality Management Plan (WQMP) Post Construction Storm Water
Treatment Devices As-Built Certificate with the Environmental Programs Coordinator, City of Rancho
Cucamonga Engineering Services Department.
41.
As the use of drywells are proposed for the structural storm water treatment device, to meet the
infiltration requirements of the current Municipal Separate Storm Sewers Systems (MS4) Permit,
adequate source control and pollution prevention control BMPs shall be implemented to protect
groundwater quality. The need for pre -treatment BMPs such as sedimentation or filtration shall be
evaluated prior to infiltration and discussed in the final project -specific Water Quality Management Plan
document.
42.
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Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Grading Section
Standard Conditions of Approval
GROUND WATER PROTECTION:
Prior to approval of the final project specific water quality management plan (WQMP), the WQMP
document shall meet the requirements of the State Water Resources Control Board Order No .
R8-2010-0036 (NPDES No. CAS 618036), the San Bernardino County Municipal Separate Storm
Sewers Separation (MS4) Permit reads:
Section XI.D(Water Quality Management Plan Requirements).8(Groundwater Protection):
Treatment Control BMPs utilizing infiltration [exclusive of incidental infiltration and BMPs not designed to
primarily function as infiltration devices (such as grassy swales, detention basins, vegetated buffer
strips, constructed wetlands, etc.)] must comply with the following minimum requirements to protect
groundwater:
a.Use of structural infiltration treatment BMPs shall not cause or contribute to an exceedance of
ground water quality objectives.
b.Source control and pollution prevention control BMPs shall be implemented to protect groundwater
quality. The need for pre-treatment BMPs such as sedimentation or filtration should be evaluated prior
to infiltration.
c.Adequate pretreatment of runoff prior to infiltration shall be required in gas stations and large
commercial parking lots. (NOTE: The State Water Quality Control Board defines a large commercial
parking lot as ‘100,000 sq. ft. or more of commercial development to include parking lot (with 100 or
more vehicle traffics ), OR, by means of 5,000sqft or more of allowable space designated for parking
purposes’).
d.Unless adequate pre -treatment of runoff is provided prior to infiltration structural infiltration treatment
BMPs must not be used for areas of industrial or light industrial activity{77}, areas subject to high
vehicular traffic (25,000 or more daily traffic ); car washes; fleet storage areas; nurseries; or any other
high threat to water quality land uses or activities.
e.Class V injection wells or dry wells must not be placed in areas subject to vehicular{78} repair or
maintenance activities{79}, such as an auto body repair shop, automotive repair shop, new and used
car dealership, specialty repair shop (e.g., transmission and muffler repair shop) or any facility that does
any vehicular repair work.
f.Structural infiltration BMP treatment shall not be used at sites that are known to have soil and
groundwater contamination.
g.Structural infiltration treatment BMPs shall be located at least 100 feet horizontally from any water
supply wells.
h.The vertical distance from the bottom of any infiltration structural treatment BMP to the historic high
groundwater mark shall be at least 10-feet. Where the groundwater basins do not support beneficial
uses, this vertical distance criteria may be reduced, provided groundwater quality is maintained.
i.Structural infiltration treatment BMPs shall not cause a nuisance or pollution as defined in Water
Code Section 13050.
43.
Prior to the issuance of a grading permit by the City of Rancho Cucamonga, the applicant shall obtain
grading permits from the two adjacent parcels that front along Napa Street, from the Authority Having
Jurisdiction (AHJ) over those parcels.
44.
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Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Grading Section
Standard Conditions of Approval
Written permission shall be obtained from Metropolitan Water District (MWD) for any work within their
right-of-way, including grading prior to issuance of a grading permit.
45.
A permit shall be obtained from San Bernardino County Flood Control District if any work is proposed
within their right-of-way, including grading prior to issuance of a grading permit.
46.
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City Council
January 5, 2022
Primary Case No. DRC2020-00177
Project Background
•Who:Kimley-Horn &Associates,on behalf of Hillwood
Enterprises,L.P.
•Where:East of Etiwanda Avenue,north of Napa Street,
0229-291-46 and -54.A third parcel is proposed to be
annexed,but not developed.
•December 8,2021 –Planning Commission voted
unanimously to recommend that the City Council certify the
EIR,adopt the MMRP and approve the project.
Etiwanda AvenueWhittram Avenue
Legend
Project area within City
Project area outside City
Additional Parcel outside City
Current City Boundary
APN: 0229-291-54
APN: 0229-291-46
APN: 0229-291-23
Facing north from Napa Street
Existing driveway (location of new proposed N/S road)
Existing rail spur to remain
(facing north from Napa Street)
Proposed Project
•What:Annex a portion of the Project Area into the City,necessitating aGeneralPlanAmendment,and reconfigure two existing lots toaccommodatedevelopmentoftwonewindustrialbuildingstotalingapproximately655,878 square feet ;
•Entitlements include:
•Annexation and Prezoning;
•General Plan Amendment;
•Tentative Parcel Map;
•Design Review
•Conditional Use Permit
•Uniform Sign Program
•Development Agreement
•Project involves relocation of exiting SC Edison transmission lines and anewstreetistobeconstructedtobenamedViaMarisPlace;
Etiwanda AvenueWhittram Avenue
Development Standards
Development Agreement
Development Code Section 17.22.060,the use of development
agreements is beneficial to the public in a number of ways.
•6-year term,could be extended an additional 9 years upon payment by
the developer of $2 million;
•Future tenants shall designate the City as point of sale for operations
equipment;
•Developer to pay “Community Benefit Fee”totaling approximately $4.3
million;
•Developer to complete,at their expense,traffic improvements including
construction of Via Maris Place,and payment of Fair Share contribution
toward Industrial Area Traffic Improvement Fund (improved circulation);
•Developer may pay $1.4 million in lieu of undergrounding existing
utilities.
Public Art
•Project is subject to public art requirement pursuant to
Development Code Section 17.124 and as a condition
of approval and pursuant to development agreement,
art valued at a minimum $100,000 shall be installed
onsite.
Design Review Committee
•Design Review Committee reviewed the project on February
2,2021 and recommended that the project be forwarded to
the Planning Commission as presented.
Environmental Review
•Environmental Impact Report (EIR)prepared for project (State ClearingHouseNo.2020090076).Notice of Preparation (NOP)circulated onSeptember3,2020,Scoping Meeting held on September 17,2020,andcommentperiodclosedonOctober3,2020;
•Draft EIR made available for 45-day public review on June 28,2021,concluding on August5 13,2021.Various comments received whichhavebeenaddressedintheFinalEIR;
•Upon implementation of the project and all mitigation measures,impacts associated with the project will remain less than significant.NoStatementofOverridingConsiderationsisnecessary.
•AB 52 and SB 18 notices mailed to tribal governments.Two tribesrespondedandconcernshavebeenincorporatedintoMitigationMonitoringandReportingProgram.
Noticing
•Notices mailed to all property owners within 1,500 feet as
well as various agencies (~122 mailers),published in the
Inland Valley Daily Bulletin and the site was posted on
December 22,2021;
•To date,staff has not received any responses to these
notices.
Recommendation
•Staff recommends that the City Council and the Fire
District:
•Certify the EIR;
•Adopt the MMRP;
•Approve the project through Resolutions attached to
staff report.
Questions/Comments?
DATE:January 5, 2022
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY:Robert Neiuber, Human Resources Director
SUBJECT:Consideration to Approve an Amendment to the City Manager’s
Employment Agreement. (CITY)
RECOMMENDATION:
Staff recommends that the City Council approve the attached amendment to the employment
agreement between the City Council of the City of Rancho Cucamonga and the City Manager,
John R. Gillison.
BACKGROUND:
On July 6, 2011, the City Council approved an employment contract with John Gillison to serve
as City Manager with an effective date of September 1, 2011. That agreement provides for
performance reviews with consideration for annual merit salary increases. The agreement has
been amended from time to time since originally approved.
ANALYSIS:
City Council members recently completed their performance evaluation of John R. Gillison. The
performance evaluation covered the period of November 2020 to November 2021. Based on the
overall performance rating from that evaluation, the City Council now desires to approve a two
and one-half percent (2.5%) merit increase. The merit increase is consistent with the personnel
rules as applied to all other city employees. In addition, the City Council agrees the City contribute
an additional two and one-half percent (2.5%) of Employee’s base salary into the
Employee’s Health Reimbursement Arrangement (HSA), for a total of 11%. The effective date
would be the first full pay period after Council approval.
Staff recommends that the City Council approve the attached amendment to the City Manager’s
contract.
FISCAL IMPACT:
The changes to the contract will result in an annual increase of $15,730.
COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:
Approving this amendment to the City Manager’s contract provides the ongoing leadership
necessary to forward the Mission, Vision, Core Values, and Goals of the City Council.
ATTACHMENTS:
Attachment 1 - Amendment No. 10 to Employment Agreement
Page 363
-1-
Error! Unknown document property name.
AMENDMENT NO. 10 TO EMPLOYMENT AGREEMENT
This Amendment No. 10 is made and entered into and shall be effective as of January 5,
2022 by and between the CITY OF RANCHO CUCAMONGA, California, a municipal
corporation, hereinafter called “the City”, the RANCHO CUCAMONGA FIRE PROTECTION
DISTRICT, and JOHN ROBERT GILLISON, hereinafter called “Employee.”
A. Recitals.
(i) Effective September 1, 2011, City employed Employee as
City’s City Manager pursuant to the terms and conditions contained in an
employment agreement (“the Agreement” hereinafter).
(ii) Amendment No. 1 to the Agreement was entered into as of
March 7, 2012.
(iii) Amendment No. 2 to the Agreement was made as of July 1,
2012.
(iv) Amendment No. 3 to the Agreement became effective
March 25, 2013.
(v) Amendment No. 4 to the Agreement was effective March 1,
2015.
(vi) Amendment No. 5 to the Agreement became effective April
6, 2016.
(vii) Amendment No. 6 to the Agreement was effective
September 6, 2017.
(viii) Amendment No. 7 to the Agreement became effective
November 21, 2018.
(ix) Amendment No. 8 to the Agreement became effective
November 21, 2019.
(x) Amendment No. 9 to the Agreement became effective
November 19, 2020.
(xi) The parties now desire to again amend the Agreement to
provide to Employee a merit salary increase and additional contribution into
Employee Health Reimbursement Arrangement (HRA).
B. Amendment.
NOW, THEREFORE, the parties hereto agree as follows:
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1. Paragraph 4 of the Agreement hereby is amended to read as follows:
''4. Salary. Effective January 3, 2022, the City shall pay
Employee for the performance of Employee's duties as City Manager under this
Agreement, a monthly salary of $26,879. This is a regular annual merit increase of
2.5% from step 1808 to step 1813 on the City's salary range for City Manager.
Salary and/or benefit adjustments shall be considered by the City Council annually
in conjunction with Employee's annual performance evaluation pursuant to
paragraph 8 of this Agreement. Employee shall be eligible for regular annual merit
increases in the same amount and manner as provided for other Executive
Management employees in the City's Personnel Rules and Regulations and then
effective Executive Management Memorandum of Understanding. In addition,
Employee shall receive non-merit increases in the same amount and at the same
time as that provided to other Executive Management employees. City shall not, at
any time during the term of this Agreement, reduce Employee's salary or benefits
unless such reduction is imposed across-the-board for all Executive Management
employees of the City.”
2. Paragraph 5 of the Agreement hereby is amended to read as follows:
''5d. Effective the January 3, 2022, the City shall contribute an
additional 2.5% of Employee’s base salary into the HRA for a total of 11%. The
HRA was adopted via resolution by the City Council.”
3. Other than as expressly amended hereby, the Agreement, as heretofore
amended, and each and every term and provision thereof, shall remain in full force
and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment No. 10 as of the dates set
forth below:
CITY OF RANCHO CUCAMONGA
Dated: ______________________ By: _______________________________
L. Dennis Michael, Mayor
ATTEST: _________________________
City Clerk
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EMPLOYEE
Dated: _______________________ By: _____________________________
John Robert Gillison
Approved as to form:
_____________________________
Nicholas Ghirelli
City Attorney
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