TO: LINDA REICH, CITY MANAGER
FROM: WARREN MORELION, AICP, DIRECTOR OF DEVELOPMENT SERVICES
SUBJECT
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Amendment No. 1 to Memorandum of Understanding with San Bernardino County - Inspection & Permitting to have County extend services to the East End Annexation Area and other projects pending annexation.
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RECOMMENDATION
Approve Amendment No.1 to Memorandum of Understanding between the City of Chino and San Bernardino County for plan check, inspection and ministerial permit issuance services and authorize the City Manager to execute all necessary documents on behalf of the City.
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FISCAL IMPACT
Approval of Amendment No. 1 to the Memorandum of Understanding is not expected to have a fiscal impact on the City as all charges by the County for services performed will be pass through costs borne by developers.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES
The recommendation detailed above furthers the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Positive City Image
• Responsible Long-Range Planning
• Public Service Excellence through Internal and External Partnerships
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BACKGROUND
On November 21, 2023, the City Council approved a Memorandum of Understanding (MOU) with San Bernardino County for Plan Check, Inspection and Ministerial Permit Issuance Services (Services). The County Board of Supervisors approved the MOU on January 9, 2024 (attached for reference). The MOU followed the City Council’s approval of a Pre-Annexation and Development Agreement with Yorba Villas LLC, owners of property located at 4570 and 4664 Francis Avenue in the County of San Bernardino (Property). The Agreement with Yorba Villas LLC contemplated that the City would enter into the MOU for the County to perform all inspections and issue ministerial permits consistent with entitlements it had issued for the Yorba Villas project. The Pre-Annexation and Development Agreement and MOU exempted permits related to the sewer service connections, which would be performed by the City.
Although the existing MOU contemplates that the County would provide the Services for projects beyond the Yorba Villas project, City staff now seeks an amendment (Amendment No. 1 attached) to the MOU specifically for projects within the recently-approved East End Annexation Area.
ISSUES/ANALYSIS
The Services in the existing MOU include plan check services, inspection services, issuance of ministerial development permits (including, but not limited to, grading permits, infrastructure permits, building permits and certificates of occupancy) and bond processing, oversight and exoneration in connection with the development of the Yorba Villas project. The MOU further allows the City, in its discretion, to request the County’s services for other projects within the City’s sphere of influence that may be pending annexation at commencement of the applicable project.
Any developer utilizing the Services under the existing MOU is responsible for payment of any applicable County fees for services provided. The MOU requires the County to provide the City with itemized billing statements for any County-provided services in accordance with the County’s Schedule of Fees. The City is then to collect applicable County fees from those developers and tender them to the County within 60 calendar days.
The County is to provide the services under the existing MOU in a timeframe that complies with standard County practice and procedures. The existing MOU is effective for five years following approval by the County. The proposed Amendment No. 1 to MOU does not impact the term or any other provisions of the existing MOU beyond the extension of the services to the East End Annexation area.
ENVIRONMENTAL DETERMINATION
In accordance with the California Environmental Quality Act (“CEQA”), the State CEQA Guidelines (California Code of Regulations, Title 14, §§ 15000 et seq.), and any applicable local CEQA policies and procedures, the City found that the Memorandum of Understanding is not a “project” for purposes of CEQA, as that term is defined by the CEQA Guidelines section 15378, because the Memorandum of Understanding merely contemplates a government funding mechanism or other government fiscal activity, which does not involve any commitment to any specific project which may result in potentially significant physical impact on the environment, pursuant to Guidelines section 15378(b)(4), or alternatively, it constitutes an organizational or administrative activity that will not result in a direct or indirect physical change in the environment pursuant to Guidelines section 15378(b)(5). Any developer utilizing the services under the Memorandum of Understanding has or will be required to secure CEQA approval before qualifying for use of the services. Amendment No. 1 to the MOU does not implement any changes that would necessitate further evaluation under CEQA.
Attachments:
• Amendment No. 1 to Memorandum of Understanding Between the City of Chino and San Bernardino County for Plan Check, Inspection and Ministerial Permit Issuance Services
• Original Memorandum of Understanding