Agenda packet — Chino City Council, May 5, 2026

Those persons wishing to speak on any item included on the agenda, or on any matter within the subject matter jurisdiction of the City Council, are invited fill out and submit to the City Clerk a “Request to Speak” form (name and address optional) which is available at the entrance to the Council Chambers. Additionally, members of the public may submit electronic public comments to [email protected] no later than 4:00 p.m. on the day of the meeting. In your email, please include the meeting date, agenda item you are commenting on, and your comment. All comments received by the deadline will be forwarded to the City Council for consideration before action is taken on the matter and will be entered into the record for the meeting specified in email received.

If you require a reasonable accommodation to participate in this meeting per your rights under the Americans with Disabilities Act or for any other reason, please contact the City Clerk ’s Office (909) 334-3306, at least 48 hours prior to the advertised starting time of the meeting.

Any documents produced by the City and distributed to a majority of the City Council regarding any item on this agenda will be made available in the City Clerk ’s Office during normal business hours at City Hall located at 13220 Central Avenue, Chino. In addition, such documents will be posted on the City’s website at www.cityofchino.org.

CHINO CITY COUNCIL

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY, MAY 5, 2026

REGULAR MEETING
AGENDA
CLOSED SESSION – 5:30 PM
OPEN SESSION – 6:00 PM
_________________________________________________________________________________

ROLL CALL
Mayor Eunice M. Ulloa, Mayor Pro Tem Curtis Burton, Council Member Karen C. Comstock, Council Member Christopher Flores, Council Member Marc Lucio.

CLOSED SESSION PUBLIC COMMENTS
This is the time and place for the general public to address the City Council about the closed session items. Ordinance No. 97-08 (Chino Municipal Code Section 2.04.090) limits speakers to no more than five (5) minutes in which to address the Council, except as provided under Government Code 54954.3(b)(2).

CLOSED SESSION

1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation pursuant to Paragraph (4) of Subdivision (d) of Government Code Section 54956.9. Number of Cases: One Case

FLAG SALUTE
1 CHINO CITY COUNCIL
MAY 5, 2026 2

CEREMONIALS
Proclamations
National Mental Health Awareness Month - Proclaim May 2026 as National Mental Health Awareness Month.

Professional Municipal Clerks Week - Proclaim May 3-9, 2026 as Professional Municipal Clerks Week.

Presentations
Recognition of the Teen Advisory Committee Members - Flor Hernandez, Karisia Rojas, Kathleen Chang, Sofia Henderson, Drew Ramirez, Julia Barraza, Leah Jung, Chinmayee Phirke, Abigail Flores, Chelsea Yeung, Benjamin Martinez.

Business of the Month - Award of Business of the Month for May 2026 to:
- West Coast Sourdough
- CE Mechanical
Mayor’s Home Beautification Award - Award of Mayor’s Home Beautification Award for May 2026.

REPORT OUT OF CLOSED SESSION

AGENDA ADDITIONS/REVISIONS

PUBLIC ANNOUNCEMENTS
This is the time and place for the Mayor to inform the public of all upcoming events and past occurrences of communitywide interest and concern.

PUBLIC COMMENTS
This is the time and place for the general public to address the City Council about subjects that do not appear elsewhere on the agenda. Due to Council policy and Brown Act requirements, action will not be taken on any issues not on the Agenda. Ordinance No. 97-08 (Chino Municipal Code Section

2.04.090) limits speakers to no more than five (5) minutes in which to address Council, except as provided under Government Code 54954.3(b)(2). If more than three (3) persons seek to address the same agenda item or the same subject matter, the Mayor shall establish a maximum period of time not to exceed thirty (30) minutes.

CONSENT CALENDAR
At this time, members of the public may present testimony as to why an item should be removed from the Consent Calendar for separate discussion. Unless a member of the public or City Council requests that an item be removed from the Consent Calendar, all items will be acted upon as a whole and by one vote. Items placed on the Consent Calendar represent routine expenditures and/or actions that support ongoing City operations.

1. Warrants. Approve expenses as audited and within budget for warrants 7775109 to 7775295, and Electronic Fund Transfers 526296E to 526412E, totaling $6,676,673.99.

2. Minutes. Approve Minutes for the Regular Meeting on April 21, 2026 (All Members Present). 2 CHINO CITY COUNCIL
MAY 5, 2026 3

3. Elected City Officials’ Report Regarding Travel, Training, and Meetings. Receive and file the Elected City Officials’ Report reflecting City Council business related expenses incurred by the City.

4. Assignment of Members to the San Bernardino Regional Housing Trust (SBRHT). Assign Mayor Eunice Ulloa as member and Mayor Pro Tem Curtis Burton as alternate to the SBRHT Board of Directors.

5. Contract Amendment with Badawi & Associates for Auditing Services. Approve a contract amendment with Badawi & Associates to provide annual auditing services for FY 2025 -26 and FY 2026 -27 at a cost of $60,956 per year, totaling $121,912, for a total revised five -year contract not-to-exceed amount of $299,547.

6. Contract Amendment No. 5 with MV Cheng & Associates. Approve contract Amendment No. 5 with MV Cheng & Associates to increase the contract by $200,000, for a total not -to-exceed amount of $500,000, for as -needed financial consulting services, funded through salary savings.

7. Final Acceptance of Public Improvements for Tract Map No. 18982, located near the Northwest Corner of Francis and Central Avenues. Accept the public improvements as complete for Tract Map No. 18982 constructed by D.R. Horton CA3, Inc for the subdivision generally located at the northwest corner of Central Avenue and Francis Avenue.

8. Majestic Chino Heritage, LLC - Vesting Parcel Map. No. 20071 and Subdivision Improvement Agreement. Approve Vesting Parcel Map No. 20071 and Subdivision Improvement Agreement with Majestic Chino Heritage, LLC.

MAYOR AND COUNCIL REPORTS
This is the time and place for the Mayor and Council Members to report on prescheduled Council Committee Assignment Meetings that were held since the last Regular Council Meeting, and any other items of interest. Upon request by an individual Council Member, the City Council may choose to take action on any of the subject matters listed below.

Mayor Ulloa

9. Community Support Fund - Mayor Ulloa. Approve community support fund contributions for multiple non-profits and community groups for the Fiscal Year 2025-26.

Staff Report By: Mayor Ulloa
RECOMMENDATION: Approve community support fund contributions to Boy Scout Troop 201 $125; Cub Scout Pack 205 $125; Trail Life Troop 2678 $125; Chino American Youth Soccer Organization (AYSO Region 67) $125; Chino American Little League $125; Chino National Little League $125; Chino Hills PONY Baseball $125; Chino Pop Warner Youth Football $125; Chino Youth Boxing Foundation $375; Chino Girls Fastpitch $125; Chino Community Children’s Theatre $125; Chino Mounted Posse $500; Chino Police Officers Foundation (Run for Russ) $100; Chino Youth Museum $125; Rebel Ranch $500; Don Lugo High School FFA $250; Food for Life Ministry $125; Hope Family Resource Center $125; Isaiah’s Rock $125; Kiwanis Club of Chino (Corn Feed Run) $500; Monte Vista 4 -H $250; Soroptimist International of the Chino Valley $125; Uchooz Positive Youth $150.

Mayor Pro Tem Burton

10. Community Support Fund - Mayor Pro Tem Burton. Approve community support fund contribution to Chino Valley Rotary Club (Bingo Event).

Staff Report By: Mayor Pro Tem Burton
3 CHINO CITY COUNCIL
MAY 5, 2026 4
RECOMMENDATION: Approve community support fund contribution to Chino Valley Rotary Club Bingo Event ($250).

Council Member Comstock

11. Community Support Fund - Council Member Comstock. Approve community support fund contribution to Chino High School Sports Boosters - Girls Flag Football Program - Coach Monger.

Staff Report By: Council Member Comstock
RECOMMENDATION: Approve community support fund contribution of $500 to Chino High School Sports Boosters for Girls Flag Football Program - Coach Monger.

Council Member Flores
Council Member Lucio
City Manager's Report
City Attorney's Report
Director's Report
Police Chief's Report
Fire Chief's Report

ADJOURN
The next Regular Meeting of the City Council will be held on Tuesday, May 19, 2026 at 6:00 p.m. (Closed Session no earlier than 4:00 p.m. if necessary) in these Council Chambers.

I, Natalie Gonzaga, City Clerk of the City of Chino, hereby declare that on Thursday, April 30, 2026 this agenda was posted on the south window of Chino City Hall and this agenda together with all of the agenda reports and related documents were posted on the City’s website at www.cityofchino.org by myself or under my direction.
_______________________________________
Natalie Gonzaga, City Clerk.
4 MEMORANDUM

CITY OF CHINO

COMMUNITY SERVICES, PARKS & RECREATION DEPARTMENT

CITY COUNCIL MEETING DATE: MAY 5, 2026

TO: LINDA REICH, CITY MANAGER
FROM: SILVIA AVALOS, DIRECTOR OF COMMUNITY SERVICES, PARKS &

RECREATION

SUBJECT
..titl e
National Mental Health Awareness Month
..end
..body

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
 Commitment to our Community
 Partnerships & Teamwork
 Public Service Excellence

5 6

MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: MAY 5, 2026

TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: LINDA REICH, CITY MANAGER

SUBJECT
..titl e
Professional Municipal Clerks Week
..end
..body

7 MEMORANDUM

CITY OF CHINO

COMMUNITY SERVICES, PARKS & RECREATION DEPARTMENT

CITY COUNCIL MEETING DATE: MAY 5, 2026

TO: LINDA REICH, CITY MANAGER
FROM: SILVIA AVALOS, DIRECTOR OF COMMUNITY SERVICES, PARKS &

RECREATION

SUBJECT
..titl e
Recognition of the Teen Advisory Committee Members:
 Chairperson – Flor Hernandez (Senior)
 Vice Chairperson – Karisia Rojas
 Secretary – Kathleen Chang
 Sofia Henderson (Senior)
 Drew Ramirez
 Julia Barraza
 Leah Jung
 Chinmayee Phirke
 Abigail Flores
 Chelsea Yeung
 Benjamin Martinez
..end
..body

8 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: MAY 5, 2026

TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: LINDA REICH, CITY MANAGER

SUBJECT
..titl e
Business of the Month.
..end
..body

9 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: MAY 5, 2026

TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: EUNICE M. ULLOA, MAYOR

SUBJECT
..titl e
Award of Mayor’s Home Beautification Award.
..end
..body

10 MEMORANDUM

CITY OF CHINO

FINANCE DEPARTMENT

CITY COUNCIL MEETING DATE: MAY 5, 2026

TO: LINDA REICH, CITY MANAGER
FROM: KIM SAO, DIRECTOR OF FINANCE

SUBJECT
..titl e
Warrants.
..end

RECOMMENDATION
Approve expenses as audited and within budget for warrants 7775109 to 7775295, and Electronic Fund Transfers 526296E to 526412E, totaling $6,676,673.99. ..body

FISCAL IMPACT
Sufficient funds have been included in the Fiscal Year 25-26 Adopted Budget.

Revenue:

Expenditure:
11 CITY COUNCIL MEETING DATE: MAY 5, 2026
TITLE: WARRANTS.

PAGE: 2

BACKGROUND
As prescribed by Government Code Sections 37202 and 37208, the following demand registers are herewith submitted for Council ratification:

NO. WARRANTS CHECK DATE FY AMOUNT

1. 7775109 – 7775173 04/09/26 25-26 $1,173,132.72

2. 7775174 – 7775295 04/15/26 25-26 $446,499.70

3. 526296E – 526342E 04/10/26 25-26 $2,217,040.11

4. 526343E – 526412E 04/17/26 25-26 $2,840,001.46

TOTAL $6,676,673.99

ISSUES/ANALYSIS
See attached exhibit for detailed information on warrants exceeding $50,000.

Attachment

12 CITY OF CHINO
A/P Warrant Register Over $50,000

Check Date Check
Number Vendor Name Description Amount
03/26/2026 7774915 ALESHIRE & WYNDER LLP CITY ATTORNEY $88,781.63 7774930 BUTIER ENGINEERING, INC CONSTRUCTION SERVICES $87,057.00 7774994 PACIFIC HYDROTECH CORPORATION CONSTRUCTION SERVICES $524,062.75 7775026 WEST COAST ARBORISTS INC LANDSCAPE MAINTENANCE $74,380.00 03/27/2026 526202 BIGGS CARDOSA ASSOCIATES, INC. PINE AVE. DESIGN SERVICES $158,794.69 526204 C.E. MECHANICAL, INC. CITYWIDE HVAC MAINTENANCE $64,261.00 526223 INLAND EMPIRE UTILITIES AGENCY NONRECLAIMABLE WASTEWATER $120,480.72 526227

LANDSCAPE WEST MANAGEMENT
SERVICES, INC. LANDSCAPE MAINTENANCE $62,950.00
526249 WATER FACILITIES AUTHORITY IMPORTED WATER PURCHASE $265,956.62 04/02/2026 7775075 M K SMITH CHEVROLET FLEET CHEVROLET PARTS & SERVICE $63,248.12 04/03/2026 526254 BIGGS CARDOSA ASSOCIATES, INC. EUCLID BRIDGE DESIGN SERVICES $54,334.75 526257 BUREAU VERITAS NORTH AMERICA, INC. GENERAL PLAN CHECK SERVICES $90,937.76

TOTAL $1,655,245.04

13 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: MAY 5, 2026

TO: LINDA REICH, CITY MANAGER
FROM: NATALIE GONZAGA, CITY CLERK

SUBJECT
..titl e
Minutes.
..end
..body

14 CHINO CITY COUNCIL

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

REGULAR MEETING - CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY, APRIL 21, 2026

MINUTES
CLOSED SESSION – 5:30 PM
OPEN SESSION – 6:00 PM
_________________________________________________________________________________

CALL TO ORDER
The April 21, 2026, Regular Meeting of the Chino City Council / Successor Agency to the Redevelopment Agency was called to order at 5:30 pm by Mayor Eunice M. Ulloa in the Council Chambers.

ROLL CALL
PRESENT: Mayor Eunice M. Ulloa, Mayor Pro Tem Curtis Burton, Council Member Karen C.

Comstock, Council Member Christopher Flores, and Council Member Marc Lucio ABSENT: NONE.

CLOSED SESSION PUBLIC COMMENTS
There were no requests to speak.

CLOSED SESSION
City Attorney Fred Galante read into the record the item listed on the Closed Session agenda.

1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Pursuant to Government Code 54956.8
Property: APN: 1014-281-03 5412 Francis Ave and 1014-281-08 0 Francis Ave.

Agency Negotiator: Linda Reich, City Manager or her designee; Negotiating Parties: Grand West Coast Investment, LLC
Under Negotiation: Price and Terms of Potential Acquisition Mayor Ulloa recused herself from Closed Session. The City Council recessed to Closed Session at 5:32 p.m. and concluded at 5:58 p.m. The City Council reconvened the meeting at 6:04 p.m.

FLAG SALUTE
Chino Valley Young Marine Private 1st Class Hewitt led the Pledge of Allegiance. 15 CHINO CITY COUNCIL
APRIL 21, 2026 2

CEREMONIALS
Proclamations
Donate Life Month - Proclaim April 2026 as Donate Life Month in the City of Chino.

Mayor Ulloa read the Donate Life Month proclamation into the record and presented it to Robert Ralston, One Legacy Ambassador.

Presentations
CHINO Days Award Recipients - Recognition of the 2026 CHINO Days Art Contest Award Winners.

Mayor Ulloa called up Brittany Zarcal, Community Services, Parks & Recreation Supervisor, who presented the certificates to the 2026 CHINO Days Art Contest award winners Rosie Chen, Enzo Shen, Isaac Lam, Kairi Kuo, Luna Chu, Destiny Shen, Vicky Wang, Saayli Shrure, Jaylyn Wu, Jade Barela, and Alexandra Arteaga Almanza.

Business of the Month - Award of Business of the Month for April 2026 to:
- Barsoum Dental
- Prado Equestrian Center
Mayor Ulloa presented the Business of the Month for April 2026 to Prado Park Equestrian Center. The award was accepted by owner Jennifer Serpa.

Mayor Ulloa announced and congratulated the next Business of the Month for April 2026, Barsoum Dental Care, who were unable to attend the meeting, but ensured the award will be delivered to them following the meeting.

REPORT OUT OF CLOSED SESSION
City Attorney Fred Galante reported out of closed session as follows, noting Mayor Ulloa recused herself from the Closed Session.

1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Pursuant to Government Code 54956.8
Property: APN: 1014-281-03 5412 Francis Ave and 1014-281-08 0 Francis Ave.

Agency Negotiator: Linda Reich, City Manager or her designee; Negotiating Parties: Grand West Coast Investment, LLC
Under Negotiation: Price and Terms of Potential Acquisition Mayor Ulloa was not present and did not participate in the discussion. The balance of the City Council received an update, held a discussion, and no further reportable action was taken.

AGENDA ADDITIONS/REVISIONS
City Manager Linda Reich reported there were no additions or revisions to the agenda.

INFORMATION
External Agency Report for April 21, 2026. Receive and file the External Agency Report for April 21, 2026 (Covering Meetings from February 1-28, 2026). 16 CHINO CITY COUNCIL
APRIL 21, 2026 3
Mayor Ulloa announced the External Agency Report was included in the agenda packet.

PUBLIC ANNOUNCEMENTS
Mayor Ulloa provided comments on the State of the City, and announced the Inland Empire Utilities Agency Earth Day Event on April 23, 2026 and Kiwanis Corn Feed Run on April 25, 2026.

PUBLIC COMMENTS
Chaplain Marco Miranda, Chino Valley Fire District, provided the invocation.

Shane Massoud, Southern California Edison Government Relations Manager, provided an introduction.

Sophia Cohen, Representative, 53rd District Assemblymember Michelle Rodriguez, announced an upcoming community event.

Melissa Compani, Representative, Fourth District San Bernardino County Supervisor Curt Hagman, announced upcoming community events.

Michael Sherman, resident, spoke regarding code enforcement concerns, and submitted letters to the City Council that were saved to the meeting record.

Lucas Martinez, Ayala High School student, provided an introduction.

CONSENT CALENDAR

1. Warrants. Approve expenses as audited and within budget for warrants 7774195 to 7775108, and Electronic Fund Transfers 526195E to 526293E, totaling $2,594,091.35.

2. Minutes. Approve Minutes for (a) Regular Meeting on April 7, 2026 and (b) Special Meeting on April 14, 2026 (All Members Present).

4. Adoption of Ordinance No. 2026 -003. Adopt Ordinance No. 2026 -003, approving the Chino Police Department's "Military Equipment" Use Policy (Second Reading).

ORDINANCE NO. 2026 -003 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA APPROVING THE UPDATED CHINO POLICE DEPARTMENT’S

MILITARY EQUIPMENT USE POLICY

5. Public Improvement Agreement with Great Dragon, LLC for Site Approval PL22 -0027, located at 13787 Oaks Avenue. Approve a Public Improvement Agreement with Great Dragon, LLC for PL22-0027, located at 13787 Oaks Avenue; and authorize the City Manager to execute all the necessary documents on behalf of the City.

6. Conditional Approval of a Covenant Agreement to Annex for Sanitary Sewer Service and request approval from the San Bernardino Local Agency Formation Commission (LAFCO) for sanitary sewer service for the property located at 3910 Chino Avenue for a proposed single-family home and Accessory Dwelling Unit (ADU) located within the City of Chino’s Sphere of Influence. Adopt Resolution No. 2026 -024 conditionally approving a Covenant Agreement to Annex for Sanitary Sewer; request approval from LAFCO for sanitary sewer service for the property at 3910 Chino Avenue.
17 CHINO CITY COUNCIL
APRIL 21, 2026 4
Motion by Mayor Pro Tem Burton, seconded by Council Member Lucio, to approve the Consent Calendar Items 1-6 as presented. The motion carried by the following vote:

AYES: ULLOA, BURTON, COMSTOCK, FLORES, AND LUCIO
NOES: NONE.

ABSENT: NONE.

NEW BUSINESS

7. Authorize the City of Chino to join Public Risk Innovation, Solutions, and Management (PRISM) for Fiscal Year 2026 -27 for general and excess municipal liability insurance coverage. Adopt a Resolution authorizing the City of Chino to join PRISM for fiscal year (FY) 2026-27 for general and excess municipal liability insurance coverage.

Staff Report By: Terry Doyle, Director of Human Resources & Risk Management and Krystle Murillo, Deputy Director of Human Resources & Risk Management RECOMMENDATION: Adopt Resolution No. 2026-025 authorizing the City of Chino to join Public Risk Innovation, Solutions, and Management (PRISM) for the City’s general and excess municipal liability insurance coverage effective Fiscal Year 2026-27; designate the City Manager as primary member and Director of Human Resources/Risk Management as alternate member representative to the PRISM Governing Board; and authorize the City Manager to execute all required membership agreements to bind coverage with PRISM and related carriers.

Terry Doyle, Director of Human Resources/Risk Management, and Krystle Murillo, Deputy Director of Human Resources/Risk Management, provided a presentation on the item.

Motion by Council Member Comstock, seconded by Council Member Flores, to Adopt Resolution No. 2026 -025 authorizing the City of Chino to join Public Risk Innovation, Solutions, and Management (PRISM) for the City's general and excess municipal liability insurance coverage effective Fiscal Year 2026-27; designate the City Manager as primary member and Director of Human Resources/Risk Management as alternate member representative to the PRISM Governing Board; and authorize the City Manager to execute all required membership agreements to bind coverage with PRISM and related carriers. The motion carried by the following vote:

AYES: ULLOA, BURTON, COMSTOCK, FLORES, AND LUCIO
NOES: NONE.

ABSENT: NONE.

8. Approve the Consolidation, Amendment, and Reconciliation of Lewis Companies Construction Credit Reimbursement Agreements for Circulation Development Impact Fees (DIF). First Amendment to Contract No. 2025 -167 for The Preserve Circulation DIF Program and Acceptance of the Updated Circulation DIF Credit and Reimbursement Reconciliation for various project-specific development projects through May 31, 2025.

Staff Report By: Sylvia Ramos, Contracts and DIF Administrator 18 CHINO CITY COUNCIL
APRIL 21, 2026 5
RECOMMENDATION: 1) Approve the First Amendment to Contract No. 2025 -167, the Construction Credit and Reimbursement Agreement for The Preserve Circulation (Streets, Signals and Bridges) Development Impact Fee Program for projects constructed between 2004 and 2019, in the amount of $2,944,627.25, for a revised total contract amount not to exceed $38,076,155.62, between the City of Chino and Chino Development Corporation, a California corporation, and Chino Preserve Development Corporation, a California corporation; 2) accept the updated Circulation DIF Credit and Reimbursement Reconciliation for project -specific development projects in the amount of $10,720,544.70 through May 31, 2025; and 3) authorize the City Manager to execute all the necessary documents on behalf of the City.

Sylvia Ramos, Contracts and DIF Administrator, and Hye Jin Lee, Director of Public Works, provided a presentation on the item.

Motion by Council Member Lucio, seconded by Mayor Pro Tem Burton, to 1) Approve the First Amendment to Contract No. 2025 -167, the Construction Credit and Reimbursement Agreement for The Preserve Circulation (Streets, Signals and Bridges) Development Impact Fee Program for projects constructed between 2004 and 2019, in the amount of $2,944,627.25, for a revised total contract amount not to exceed $38,076,155.62, between the City of Chino and Chino Development Corporation, a California corporation, and Chino Preserve Development Corporation, a California corporation; 2) accept the updated Circulation DIF Credit and Reimbursement Reconciliation for project -specific development projects in the amount of $10,720,544.70 through May 31, 2025; and 3) authorize the City Manager to execute all the necessary documents on behalf of the City.

The motion carried by the following vote:

AYES: ULLOA, BURTON, COMSTOCK, FLORES, AND LUCIO
NOES: NONE.

ABSENT: NONE.

9. Purchase of Real Property at 13272 6th Street. Adopt a Resolution authorizing the Purchase and Sale of Real Property and Joint Escrow Instructions to acquire a property at 13272 6th Street.

Staff Report By: Fred Galante, City Attorney
RECOMMENDATION: 1) Adopt Resolution 2026 -026, authorizing the Purchase and Sale of Real Property and Joint Escrow Instructions (“Purchase Agreement”) to acquire a property at 13272 6th Street (“Property”) from Terri Gillette, as Successor Trustee of the Sturzenegger Family Trust, and Kent H. Cheng, as Successor Trustee of the Langdon and Jo Ann Tannehill 1992 Trust (jointly the “Owner”) in the amount of $2,500,000, including $11,000 for fees and other costs related to the sale; 2) appropriate $2,511,000 from the General Fund balance; and 3) authorize the City Manager to execute all necessary documents.

Fred Galante, City Attorney, provided a report on the item.

Motion by Council Member Flores, seconded by Council Member Lucio, to 1) Adopt Resolution 2026 -026, authorizing the Purchase and Sale of Real Property and Joint Escrow Instructions ("Purchase Agreement") to acquire a property at 13272 6th Street ("Property") from Terri Gillette, as Successor Trustee of the Sturzenegger Family Trust, and Kent H. Cheng, as Successor Trustee of the Langdon and Jo Ann Tannehill 1992 Trust (jointly the "Owner") in the amount of $2,500,000, including $11,000 for fees and other costs related to the sale; 2) appropriate $2,511,000 from the General Fund balance; and 3) authorize the City Manager to execute all necessary documents. The motion 19 CHINO CITY COUNCIL
APRIL 21, 2026 6
carried by the following vote:

AYES: ULLOA, BURTON, COMSTOCK, FLORES, AND LUCIO
NOES: NONE.

ABSENT: NONE.

MAYOR AND COUNCIL REPORTS
Mayor Ulloa
Mayor Ulloa reported on the Mayor's Prayer Breakfast; Omnitrans Administration and Finance Committee meeting; Chino Valley Fire District Ops 101; Funeral and Celebration of Life for Cindy Layaye; Soroptimist Chino Valley Bingo; State of the City; SBCTA Transit Metro Valley Committee meeting; Grandparents Day at OC Elementary School; Funeral and Celebration of Life for Dick Van Der Meulen; Zoom meeting regarding community priorities; and City of Ontario meeting regarding water issues.

Mayor Pro Tem Burton
Mayor Pro Tem Burton reported on the State of the City; Planning Commission meeting; Chino Basin Watermaster Advisory Committee meeting; City Manager meeting; Zoom meeting regarding community priorities; Cultural Arts Foundation meeting; City of Ontario meeting regarding water issues; and Closed Session.

Council Member Comstock
Council Member Comstock reported on the State of the City and recognized Fourth District San Bernardino County Supervisor Curt Hagman for his significant contributions towards funding the Chino Rancho Park project and the City's new helicopter.

Council Member Flores
Council Member Flores reported on the Prado Regional Park Improvements Ribbon Cutting; State of the City; and Carbon Remodeling Ribbon Cutting.

Council Member Lucio
Council Member Lucio reported on the Chino Valley Fire District Ops 101; The Club on Main at the Preserve Grand Opening; CIM/CIW Citizens Advisory Committee meeting; State of the City; Demolition Derby meeting; City Manager meeting; meeting with Homecoming resident Tamika Carter; meeting with Stubbie Bar at the Ivy at College Park.

City Manager's Report
City Manager Reich had no report.

City Attorney's Report
City Attorney Galante reported on SB 1439 related to campaign contributions.

Director's Report
Silvia Avalos, Director of Community Services, Parks, & Recreation, announced the Annual Corporate Challenge kick -off event is May 2, 2026. Council Member Lucio added that the California Institution for Men (CIM) employees have expressed interest in future participation. 20 CHINO CITY COUNCIL
APRIL 21, 2026 7
Police Chief's Report
Police Chief Mensen reported on the Student Against Drunk Driving Program events at Chino High School and Don Lugo High School.

Fire Chief's Report
Fire Deputy Chief Jeremy Ault thanked the Chino Valley Fire District Ops 101 participants and announced three newly hired firefighter-paramedics.

ADJOURN
The meeting adjourned at 7:17 p.m. The next Regular Meeting of the City Council will be held on Tuesday, May 5, 2026 at 6:00 p.m. (Closed Session no earlier than 4:00 p.m. if necessary) in these Council Chambers.

APPROVED AND ADOPTED THIS 5TH DAY OF MAY 2026.
________________________________
EUNICE M. ULLOA, MAYOR
ATTEST:
________________________________

NATALIE GONZAGA, CITY CLERK
**************************************************
(These minutes are not official until signed.)
21 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: MAY 5, 2026

TO: LINDA REICH, CITY MANAGER
FROM: NATALIE GONZAGA, CITY CLERK

SUBJECT
..titl e
Elected City Officials’ Report Regarding Travel, Training, and Meetings.

..end

RECOMMENDATION
Receive and file the Elected City Officials’ Report reflecting City Council business related expenses incurred by the City.

..body

FISCAL IMPACT
Sufficient funding is available in the adopted Fiscal Year 2025-26 Operating Budget.

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:

 Superior Customer Service
 Responsible Long-Range Planning
 Exemplary Leadership
 Public Service Excellence through Internal and External Partnerships

Revenue:

Expenditure: 1002000-43320
Transfer In: Transfer Out:
22 CITY COUNCIL MEETING DATE: MAY 5, 2026
TITLE: ELECTED CITY OFFICIALS’ REPORT REGARDING TRAVEL, TRAINING, AND MEETINGS.

PAGE: 2

BACKGROUND
In accordance with Government Code Sections 53232.2 and 53232.3, implementing Assembly Bill (AB) 1234 on January 1, 2006, the City adopted Resolution No. 2005 -093 establishing a Business-Related Expense Policy. On December 6, 2016, the City approved Resolution No. 2016-075 adopting the latest revisions to this policy. In addition to requiring local agenci es to adopt a business-related expense policy, AB 1234 requires that Elected Officials provide a brief report on meetings attended at the expense of the local agency at the next regular meeting of the legislative body.

ISSUES/ANALYSIS
In response to AB 1234, a report regarding Elected City Officials’ Travel, Training, and Meetings (Exhibit A) was created and is placed on the City Council Agenda Consent Calendar, as needed. The documents that pertain to the items listed on Exhibit A are available for publi c inspection at the City Clerk’s office located in City Hall at 13220 Central Avenue, Chino, CA.

Attachment – Exhibit A

23 5/5/2026 City Council Meeting

Event Date Meeting Purpose
and Subject
Matter
Location City Official
Attendees
April 22-24, 2026 California League of
Cities City Leaders
Summit Conference
Sacramento, CA Mayor Pro Tem
Burton
Council Member
Lucio

24 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: MAY 5, 2026

TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: LINDA REICH, CITY MANAGER

SUBJECT
..titl e
Assignment of Members to the San Bernardino Regional Housing Trust (SBRHT). ..end

RECOMMENDATION
Assign Mayor Eunice Ulloa as member and Mayor Pro Tem Curtis Burton as alternate to the SBRHT Board of Directors for a term of two years.
..body

FISCAL IMPACT
No Fiscal Impact.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above further 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

Revenue: Click or tap here to enter text.

Expenditure:

Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 25 CITY COUNCIL MEETING DATE: MAY 5, 2026
TITLE: ASSIGNMENT OF MEMBERS TO THE SAN BERNARDINO REGIONAL HOUSING TRUST (SBRHT).

PAGE: 2

BACKGROUND
In April 2023, the SBCOG Board of Directors authorized the formation of the San Bernardino Regional Housing Trust (SBRHT), including development of a Joint Exercise of Powers Agreement (JPA Agreement). The SBRHT is intended to support regional housing ini tiatives and expand funding opportunities for affordable housing development.

On March 24, 2026, the City Council adopted Resolution 2026 -020 joining into a JPA Agreement with the SBRHT. As a result, the City is now required to appoint a representative to serve on the SBRHT Board of Directors.

ISSUES/ANALYSIS
The SBRHT is governed by a Board of Directors composed of locally elected representatives from each member agency, along with at least two housing policy experts selected by the elected Board memb ers. Board members serve without compensation and are appointed to two-year terms, with the option for reappointment in accordance with the JPA Agreement. The Board operates in compliance with the Brown Act and is responsible for electing officers, establishing advisory committees as needed, adopting bylaws and budgets, and ensuring adherence to applicable state laws. As of April 17, 2026, 13 cities have formally approved their participation in the SBRHT, while at least two additional cities have indicated their intent to become members.

The City Council must appoint a representative to the SBRHT Board of Directors prior to its first meeting on May 13, 2026. It is recommended that the City Council assign Mayor Eunice Ulloa as member and Mayor Pro Tem Curtis Burton as alternate to the SBRHT Board of Directors for a term of two years.

26 MEMORANDUM

CITY OF CHINO

FINANCE DEPARTMENT

CITY COUNCIL MEETING DATE: MAY 5, 2026

TO: LINDA REICH, CITY MANAGER
FROM: KIM SAO, DIRECTOR OF FINANCE

SUBJECT
..titl e
Contract Amendment with Badawi & Associates for Auditing Services. ..end

RECOMMENDATION
Approve a contract amendment with Badawi & Associates to provide annual auditing services for FY 2025-26 and FY 2026-27 at a cost of $60,956 per year (totaling $121,912 ) and authorize the City Manager to execute all necessary documents on behalf of the City. ..body

FISCAL IMPACT
Funds in the amount of $60,956 will be included in the F Y 2026-27 Proposed Budget, with ongoing appropriations to be programmed for FY 2027 -28. Funding is contingent upon City Council adoption of the FY 2026-27 Budget.

Revenue: Click or tap here to enter text.

Expenditure: 1003000-43515
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 27 CITY COUNCIL MEETING DATE: MAY 5, 2026
TITLE: CONTRACT AMENDMENT WITH BADAWI & ASSOCIATES FOR AUDITING SERVICES.

PAGE: 2

BACKGROUND
In 2023, the City of Chino issued a Request for Proposals for auditing services covering three fiscal years. On May 16, 2023, the City Council awarded a contract to Badawi & Associates for auditing services for an initial one -year term with two additional one -year options. The total contract value for the three-year term was $177,635.

ISSUES/ANALYSIS
According to the Government Finance Officers Association (GFOA), government entities should enter into a multiyear agreement of at least five years for audit services to support continuity of audit services. This two-year extension of the o riginal three-year contract follows best-practice guidelines of the GFOA to ensure a quality audit by an auditor with institutional knowledge of the City.

For this contract amendment No. 3, Badawi & Associates has agreed to maintain the audit year 2025 pricing for an additional two years. The revised contract pricing is summarized below:

Audit Year Amount
2023 $ 57,480
2024 $ 59,199
2025 $ 60,956
2026 $ 60,956
2027 $ 60,956
Total Contract Amount $299,547

The proposed amendment increases the contract by $121,912 and adds two additional years to the original three -year agreement. Therefore, staff recommends the City Council approve the revised five-year contract with a total not-to-exceed amount of $299,547.

Attachments: Amendment No. 3
Extension Letter

28 AMENDMENT NO. 3

TO AGREEMENT FOR SERVICES
THIS AMENDMENT TO THE AGREEMENT FOR SERVICES (“Amendment”) by and between the CITY OF CHINO, a California municipal corporation (“City”) and Badawi & Associates (“Consultant”) is effective as of the 1st day of July 2026.

RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.

B. Consultant, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.

C. Pursuant to the City of Chino’s Municipal Code, City has authority to enter into and execute this Agreement.

D. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

E. On July 1, 2024, City and Consultant entered into a first amendment to the Agreement to renew for one additional year and increase compensation by $59,199.00 to equal a not-to-exceed amount of $116,679.00
F. On July 1, 2025, City and Consultant entered into a second amendment to the Agreement renew for one additional year and increase compensation by $60,956.00 to equal a total not-to-exceed amount of $177,635.00.

G. City and Consultant now desire to amend the agreement to renew for two additional years and increase the compensation by $121,912 to equal a total not -to-exceed amount of $299,547.00
TERMS

1. Contract Changes. The Agreement is amended as provided herein. (a). Section 2.1 Contract Sum . The Contract Sum is revised to read in its entirety as follows:
“Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amount specified in the “Schedule of Compensation” 29 attached hereto as Exhibit “C” and incorporated h erein by this reference.

The total compensation, including reimbursement for actual expenses, shall not exceed Two Hundred Ninety-Nine Thousand Five Hundred and Forty- Seven Dollars and Zero Cents ($ 299,547.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.”

(b) Section 3.4 Term. The Contract Term is revised to read in its entirety as follows:
“Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, which shall be no later than June 30, 2028, except as otherwise provided in the Schedule of Performance ( Exhibit “D”). This Agreement may be renewed by a written amendment for up to an additional one (1) year at the option of the City if the City is satisfied with the quality of services performed by Consultant under this Agreement.

2. Continuing Effect of Agreement. Except as amended by this Amendment, all provisions of the Agreement shall remain unchanged and in f ull force and effect. From and after the date of this Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by this Amendment to the Agreement.

3. Affirmation of Agreement; Warranty R e Absence of Defaults. City and Consultant each ratify and reaffirm each and every on e of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement oth er than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.

Consultant represents and warrants to City that, as of the date of this Amendment, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a mat erial default under the Agreement.

City represents and warrants to Consultant that, as of the date of this Amendment, Consultant is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or th e giving of notice, or both, would constitute a material default under the Agreement.

4. Adequate Consideration. The parties hereto irrevocably stipula te and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment.

5. Authority. The persons executing this Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such 30 party is formally bound to the provisions of this Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound. [SIGNATURES ON FOLLOWING PAGE

31 IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date and year first-above written.

CITY:

CITY OF CHINO, a municipal corporation

Linda Reich, City Manager
ATTEST:

Natalie Gonzaga, City Clerk

APPROVED AS TO FORM: APPROVED AS TO CONTENT:

ALESHIRE & WYNDER, LLP
______________________________ _____________________________

Fred Galante, City Attorney Kim Sao, Department Director

CONSULTANT:

BADAWI & ASSOCIATES
By:

Name: Ahmed Badawi
Title: President

Address:5901 Christie Avenue, Suite 307
Emeryville, CA 94608

Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. 32 November 20, 2025

Ms. Kim Sao
Finance Director
City of Chino
13220 Central Avenue
Chino, CA 91710

Dear Ms. Sao:

I would like to take this opport unity to thank you and your staff for the confidence and support you have provided to us over the past several years. I would also like to take this opportunity to present this letter for your cons ideration regarding extending the Badawi & Associates audit contract with the City of Chino (City).

Over the past years, we have developed an understanding of the City’s operations that has aided us in providing quality audit services. With that knowledge, we've been able to expand our audit efforts and provide observations that, hopefully , have assisted City staff. We have also demonstrated our ability to respond to requests of the City and our ability to deliver a quality product. We trust the City has been satisfied with our efforts.

Per your request, we are pleased to present this proposal to provide audit services to the City for the years ended June 30, 2026 and 2027. The objective of our audits is to issue opinions regarding the fairness of presentation of the City’s financial position for the fiscal year in accordance with generally accepted accounting principles. The audits to be performed will follow generally accepted auditing standards, U.S. General Accounting Office's Government Auditing Standards, the Single Audit Act, and the Federal Uniform Guidance.

Our fees will be as follow:

2026 2027
City of Chino Audit 46,146$ 46,146 $
Sucessor Agency Audit 3,558 3,558
Single Audit Report (if needed) 4,533 4,533 Gann Limit Agreed-upon Procedures 781 781 GASB 68 (entry and note disclosure) 2,380 2,380 AQMD Audit 3,558 3,558
Total 60,956$ 60,956 $
33 Ms. Kim Sao
Finance Director
City of Chino

Page 2 ends

The services we will provide will follow the guide line as outlined in the original proposal to the City. We would very much like to continue our relationship with the City and stand ready to provide the level of service and commitment for which the City has become accustomed.

If you have any questions, please feel free to call me at (510) 768-8244.

Sincerely,

Ahmed Badawi,
Partner
Badawi & Associates, CPAs

RESPONSE:

This letter correctly sets forth the understanding of the City of Chino.

By:

Title: Finance Director

Date:

34 MEMORANDUM

CITY OF CHINO

FINANCE DEPARTMENT

CITY COUNCIL MEETING DATE: MAY 5, 2026

TO: LINDA REICH, CITY MANAGER
FROM: KIM SAO, DIRECTOR OF FINANCE

SUBJECT
..titl e
Contract Amendment No. 5 with MV Cheng & Associates.
..end

RECOMMENDATION
Approve Contract Amendment No. 5 with MV Cheng & Associates to increase the contract by $200,000, for a total not -to-exceed amount of $ 500,000, for as-needed financial consulting services, funded through salary savings, and authorize the City Manager to execute all necessary documents on behalf of the City.
..body

FISCAL IMPACT
Sufficient funding for the consultant is available through salary savings in FY 2025-26 and 2026- 27, as these positions are already included in the adopted and proposed budgets, respectively ; and are contingent upon City Council adoption of the FY 2026–27 Operating Budget.

Revenue: Click or tap here to enter text.

Expenditure: 1003000-41030
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 35 CITY COUNCIL MEETING DATE: MAY 5, 2026
TITLE: CONTRACT AMENDMENT NO. 5 WITH MV CHENG & ASSOCIATES.

PAGE: 2

BACKGROUND
In August 2024, the City entered into an agreement with MV Cheng & Associates to provide temporary executive-level financial support during a vacancy in the Director of Finance position.

This support ensured continuity of operations within the Finance Department during the recruitment process.

Since that time, the Department has experienced four additional critical vacancies that have created operational gaps. In October 2024, the Fiscal Services Mana ger position became vacant, and the City again engaged MV Cheng & Associates to provide interim support; and this position remains unfilled. In August 2025, the Management Analyst retired, and the position has not been filled due to the Department undergoi ng a review of the existing position s and duties.

The Payroll Supervisor position has also been vacant since December 2025, and the Senior Accountant position became vacant in April 2026.

ISSUES/ANALYSIS
To maintain continuity and stabilize core fi nancial operations during this transitional period, continued financial consulting services are necessary until permanent staff can be recruited to fill the vacancies.

Staff recommends approval of Contract Amendment No. 5 with MV Cheng & Associates in the amount of $200,000 to maintain continuity of financial operations, preserve internal controls, and support the City’s financial integrity during ongoing recruitment efforts.

Attachment - Amendment MV Cheng & Associates

36 AMENDMENT NO. 5

TO AGREEMENT FOR SERVICES
THIS AMENDMENT TO THE AGREEMENT FOR SERVICES (“Amendment”) by and between the CITY OF CHINO, a California municipal corporation (“City”) and MV CHENG & ASSOCIATES (“MVC”) is effective as of the 5th day of May 2026.

RECITALS
A. City and MVC entered into that certain Agreement for Contractual Services dated October 16, 2024 (“Agreement”) whereby MVC agreed to provide consulting services.

B. On November 20, 2024, the City and MVC entered into a first amendment to the Agreement to increase compensation by $50,000.00 to equal a total not -to-exceed amount of $100,000.00.

C. On May 15, 2025, the City and MVC entered into a second amendment to the Agreement to increase compensation by $50,000.00 to equal a total not -to-exceed amount of $150,000.00
D. On July 1, 2025, the City and MVC entered into a third amendment to the Agreement to extend the term for one additional year ending on June 30, 2026.

E. On October 21, 2025, the City and MVC entered into a fourth amendment to the Agreement to increase compensation by $150,000.00 to equal a total not -to-exceed amount of $300,000.00.

F. The City and MVC now desire to amend the Agreement to increase compensation by $200,000.00 to equal a total not-to-exceed amount of $500,000.00.

TERMS

1. Contract Changes. The Agreement is amended as provided herein.

Contract Sum. The Contract Sum is revised to read in its entirety as follows:

For the services rendered according to this Agreement, MVC will be compensated at a not -to-exceed amount of Five Hundred Thousand Dollars and Zero Cents ($500,000.00).

Section 3.4 Term. The Contract Term is revised to read in its entirety as follows:
“Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall conti nue in full force and effect 37 until completion of the services, which shall be no later than June 30, 202 7, except as otherwise provided in the Schedule of Performance (Exhibit “D”). This Agreement may be renewed by a written amendment for up to an additional one (1) year at the option of the City if the City is satisfied with the quality of services performed by Consultant under this Agreement.

2. Continuing Effect of Agreement. Except as amended by this Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by this Amendment to the Agreement.

3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and MVC each ratify and reaffirm each and every on e of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.

MVC represents and warrants to City that, as of the date of this Amendment, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

City represents and warrants to MVC that, as of the date of this Amendment, MVC is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

5. Authority. The persons executing this Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of this Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound.

[SIGNATURES ON FOLLOWING PAGE]

38 IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date and year first-above written.

CITY:

CITY OF CHINO, a municipal corporation

Linda Reich, City Manager
ATTEST:

Natalie Gonzaga, City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:

ALESHIRE & WYNDER, LLP
_____________________________ _____________________________ Fred Galante, City Attorney Kim Sao, Department Director

MVC:

MV Cheng & Associates

By:

Name: Misty Cheng
Title: Owner

Two corporate officer signatures required when MVC is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. 39 MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: MAY 5, 2026

TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, PE, DIRECTOR OF PUBLIC WORKS

SUBJECT
..titl e
Final Acceptance of Public Improvements for Tract Map No. 18982, located near the Northwest Corner of Francis and Central Avenues.
..end

RECOMMENDATION
1) Accept public improvements as complete for Tract Map No. 18982; 2) authorize release of the performance bond and initiate the warranty bond; and 3) authorize the City Manager to execute the necessary documents on behalf of the City.
..body

FISCAL IMPACT
There are sufficient funds included in the City’s Operating Budget to support the ongoing maintenance activities related to the public improvements being accepted.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above further 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
 Public Service Excellence through Internal and External Partnerships

Revenue: Click or tap here to enter text.

Expenditure:

Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 40 CITY COUNCIL MEETING DATE: MAY 5, 2026
TITLE: FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR TRACT MAP NO. 18982, LOCATED NEAR THE NORTHWEST CORNER OF FRANCIS AND CENTRAL AVENUES.

PAGE: 2

BACKGROUND
On July 20, 2015, the Chino Planning Commission approved a site approval, special conditional use permit, and tentative Tract Map No. 18982 (TTM-18982), for a residential development known as Montecito Place consisting of 113 single-family homes on 12.75 acres of land located near the northwest corner of Francis Avenue and Central Avenue in the northern portion of the City (Exhibit A).

The original developer was MBK Homes. The Engineering Conditions of Approval (COA) for TTM-18982 required the developer to design and construct certain public improvements along the property frontage on Central and Francis Avenues, including, but not limited to, curb and gutter, sidewalks, ADA-compliant curb ramps, street pavement, a new traffic signal, wet utilities, and other related infrastructure necessary to support the develo pment. The public improvements completed by the developer necessitated the execution of a Public Improvement Agreement and posting securities that the City Council approved on August 16, 2016 (Exhibit B). It should be noted that the costs associated with t he design and construction of the required public improvements are completely offset by the applicant. There is no direct fiscal impact on the City.

In late 2015, the project was acquired by D.R. Horton while final engineering design review was ongoing with the City. Construction of the residential development occurred between April 2016 and early 2019. Near the end of construction, City staff identified deficiencies related to accessibility compliance for certain sidewalk and curb ramp improvements. These deficiencies were documented in an accessibility survey report prepared in May 2019.

At that time, the project was nearing completion, pending correction of punch list items associated with the required public improvements. Following completion of constr uction activities, there was a prolonged period of limited coordination between the City and the developer. This delay was attributed to multiple factors, including the COVID -19 pandemic, City staff turnover, and changes in the developer’s consultant team.

City staff re-established coordination with the developer in early 2023, and efforts subsequently focused on addressing outstanding punch list items necessary to complete project closeout. The most significant remaining work involved the redesign and rec onstruction of curb ramps and adjacent improvements at the northwest and southwest corners of Central Avenue and Mariner Lane, which serves as the primary entrance to the neighborhood.

These improvements addressed non -compliant running cross slopes at cur b ramps, as well as insufficient clear space at pedestrian push button locations associated with the traffic signal improvements. During this process, City staff and the developer engaged in extensive coordination regarding applicable design standards. Whi le the City was in the process of updating internal accessibility guidance, it was ultimately determined that the improvements would be evaluated based on the standards in effect at the time of original permit issuance in 2016.

The required curb ramp recon struction was completed in early 2025. Since completion of these improvements, the City has not received any related co ncerns regarding accessibility at the project site.

41 CITY COUNCIL MEETING DATE: MAY 5, 2026
TITLE: FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR TRACT MAP NO. 18982, LOCATED NEAR THE NORTHWEST CORNER OF FRANCIS AND CENTRAL AVENUES.

PAGE: 3

The public improvements for this project were completed in accordance with the approved plans and to the satisfaction of Public Works staff. The project was also presented to the Streets/Infrastructure Committee on March 23, 2026, where the Committee expressed support for forwarding the item to the City Council for consideration of formal acceptance of the public improvements.

ISSUES/ANALYSIS
The public improvements being accepted by the City of Chino, as described above, are included as shown on Exhibit C. The public improvements completed have been constructed in compliance with the City’s standards/specifications, including accessibility requirements, and to the satisfaction of the Public Works Inspector. All public improvements that were part of the COA for this project were fully funded by the developer.

Security for a one -year warranty period has been submitted to the City. Under the warranty bond obligation, the developer will correct any defects found within one year of the City Council’s acceptance of the Project. Also, upon completion and final acceptance, the public improvements shall become the sole exclusive property of the City to operate and maintain.

Attachments: Exhibit A - Vicinity Map
Exhibit B - Public Improvement Agreement
Exhibit C - Public Improvements Atlas

42 43
Contract No. fol 7- l( Q(o
Approved 911tpJZoIty

SUBDIVISION IMPROVEMENT AGREEMENT
TRACT MAP NO. 18982
THIS AGREEMENT is entered into by and between the CITY OF CHINO, a Municipal Corporation of the State of California ( hereafter called " the City") and D. R. HORTON CA3, INC., A DELAWARE CORPORATION ( hereafter called " the Subdivider").

WHEREAS, the Subdivider is the owner of certain real property situated in the City of Chino, County of San Bernardino, State of California, generally known and described as Tract Map No. 18982, which is the subject matter of this Agreement (hereafter called "the Property"); and
WHEREAS, the Subdivider has submitted an application to the City to subdivide the Property as Tract Map No. 18982 ( hereafter called " the " Map"); and WHEREAS, the Subdivider proposes to develop the Property and construct certain improvements hereon as hereinafter set forth; and
WHEREAS, the City desires to assure that said proposed improvements will be constructed and installed in a good and workmanlike manner, and in strict accordance with all applicable laws, statutes, ordinances, resolutions and regulations now in force and effect in the City of Chino, and the terms and conditions imposed on the approval of said Map by the PlanningCommissionand the CityCouncil, all of whichare incorporatedherein; and WHEREAS, the Subdivider acknowledges familiarity with the City's subdivision ordinance and requirements and the Subdivision Map Act ( Government Code Sections 66410-66499.37) and hereby agrees to comply therewith; and
WHEREAS, the Subdvider has prepared and submitted a final tract map for the Property in accordance with the City's requirements for approval by the City Council.

NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:

Article 1 Duty to Install Public Improvements

1. 1 Requirements for Public Improvements. The Subdivider shall, at his/ her/ its own cost and expense, construct, install and complete all of the public improvements contained in Exhibit 1 in a good and workmanlike manner, according to the approved plans and specifications, and to the satisfaction of the Assistant City Manager/Director of Public Works or his designee, within two (2) years from the date of the City's approval of this Agreement, and within the time frame and subject to the conditions set forth in the Encroachment Permit that is issued for the required public improvements. The time for completion may be extended up to one ( 1) additional year by the City Council for good cause shown. The sum of One Million One Agreement Masters\ Subdivision Improvement Agreement( General City,CP)\ REV 15-

Page 1 of 10 ends

0128\ MB

EXHIBIT B
44 Hundred Three Thousand Four Hundred and 00/ 100 dollars ($ 1, 103, 400. 00) is the estimated construction cost of said improvements.

1. 2 Ownership of Public Improvements. All public improvements constructed or installed pursuant to this Agreement shall become the sole exclusive property of the City, without payment therefore, upon acceptance of said improvements by the City.

1. 3 Definition of Improvements. The term " improvement" shall mean any and all work or infrastructure required for the development of this subdivision, including, but not limited to, bicycle trails, communication transmission devices, curbs, drainage facilities, electric transmission devices, excavation, grading, gutters, landscaping, pathways, sanitary sewers, sidewalks, streets, street lights, traffic control devices, utilities, water lines, as shown on plans, profiles or specifications prepared or submitted by the Subdivider.

1. 4 Repair or Reconstruction of Defective Improvements. If, within a period of one ( 1) year after final acceptance of work performed under this Agreement, any improvement or part of any improvement constructed, installed or furnished, or caused to be constructed, installed or furnished by the Subdivider, or any of the work done under this Agreement fails to comply with, or satisfy, any of the requirements of this Agreement, or the specifications referenced herein, the Subdivider shall, without delay and without any cost to the City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or improvements. Should the Subdivider fail to act promptly or in accordance with these requirements, or should an emergency require repairs or replacements to be made before the Subdivider can be notified, the City may, at its sole option, make the necessary repairs or replacements or perform the necessary work, and the Subdivider shall pay to the City the actual cost of such repairs, plus 15 percent.

1. 5 Repair or Replacement of Unrelated Improvements. The Subdivider shall replace, or have replaced, or repair, or have repaired, as the case may be, all pipes and monuments situated on said property, delineated on the Map, which have been destroyed or damaged and the Subdivider shall replace, or have replaced, repair, or have repaired, as the case may be, or pay to the owner, the entire cost of replacement or repairs, of any and all property damaged or destroyed by reason of any work done hereunder, whether such property be owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the City, or by any public or private corporation, or by any person whomsoever, or by any combination of such persons. Any such repair or replacement shall be to the satisfaction, and subject to the approval, of the Assistant City Manager/ Director of Public Works or his designee.

1. 6 Time of Completion. All of the public improvements shall be completed within two ( 2) years from the date of the City's approval of this Agreement, and within the time frame and subject to the conditions set forth in the Encroachment Permit that is issued for the required public improvements. In the event that the Subdivider fails to complete the public improvements within said period, the City may complete said work and shall be entitled to recover the full cost and expenses thereof from the Subdivider, or its surety, as hereinafter provided. The City may require the Subdivider, or its surety, to pay the City, in advance, sufficient monies to pay for the City's cost of completing construction and installation of said public improvements.

Agreement Masters\ Subdivision Improvement Agreement( General City,CP)\ REV 15-

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45 1. 7 Security. Contemporaneously with the execution hereof, the Subdivider shall file security, subject to the approval of the City Attorney, pursuant to Section 66499 of the Government Code and Section 19. 09. 010 of the Chino Municipal Code, to guarantee performance of the requirements of this Agreement, the terms and conditions imposed on the approval of Map, and all of the City's ordinances, specifications and regulations as follows:
a. A security device in an amount equal to 100 percent of the estimated construction cost to guarantee the faithful performance of all of the requirements of this Agreement, including the construction, installation and completion of the work and public improvements required by this Agreement; and
b. A security device in an amount equal to 50 percent of the estimated construction cost to guarantee payment to the contractors, their subcontractors, and to persons renting equipment or furnishing labor and materials to said contractors, for the public improvements required by this Agreement; and
C. All security devices under this Agreement shall also guarantee the payment of reasonable attorney fees, expert witness fees and court costs to the City; and
d. Any changes or alterations in the work or public improvements required hereunder, not exceeding 10 percent of their original estimated cost, shall not relieve any liability of the security given for the faithful performance of this Agreement.

In the event any changes or alterations of the work or public improvements required hereunder exceed 10 percent of their original estimated cost, the Subdivider shall provide such additional security for its faithful performance as determined by the Assistant City Manager/Director of Public Works or his designee and approved by the City Attorney.

The City Council may, at its sole discretion, reduce the amount of any security device as recommended by the Assistant City Manager/Director of Public Works or his designee and the City Attorney for any portion of the public improvements installed by the Subdivider and accepted by the Assistant City Manager/Director of Public Works or his designee.

1. 8 One Year Warranty and Warranty Bond. Without limiting the foregoing, Subdivider warrants and guarantees materials used and workmanship performed on said work and public improvements. In connection herewith, the Subdivider shall submit security, subject to the approval of the City Attorney, for a period of one ( 1) year following the completion and acceptance of the work hereunder in the sum equal to 10 percent of their actual construction cost and reasonable attorney fees, expert fees and court costs. The Subdivider further agrees to pay the City for all costs to maintain the landscaping in a vigorous and thriving condition, to maintain the street lights and to pay for all energy costs for a period of one ( 1) year after completion and acceptance thereof by the Assistant City Manager/Director of Public Works or his designee and the City Council. Maintenance and energy costs shall be based on the amounts specified in the most recent publication of the Annual Engineer' s Report for the Levy of Assessments for the Landscaping and Lighting Districts.

1. 9 Payment of Labor and Materials. The Subdivider and its contractors shall pay for any materials, provision, provender and other supplies or equipment used in, upon, for, or about the performance of the work contracted to be done, and for any work or labor thereonof any kind, and for a paymentbondwith respectto suchwork or labor, as requiredby Agreement Masters\ Subdivision Improvement Agreement( General City,CP)\ REV 15-

Page 3 of 100128 ends

46 Civil Code Section 9550.

Article 2. Procedural Requirements

2. 1 Preparation of Improvements Plans. No work pursuant to this Agreement shall be commenced until the Subdivider' s plans, profiles and specifications for the public improvements have been submitted to and approved by the Assistant City Manager/ Director of Public Works or his designee. The Subdivider warrants that its plans, profiles and specifications conform as a minimum to the City's ordinances and standard specifications, and that they are adequate to construct and install the public improvements in a good, workmanlike manner and in accordance with sound construction practice for public works.

2. 2 Cost of Checking Plans. The Subdivider shall pay to the City the cost of checking and approving the plans, profiles and specifications. The Subdivider shall pay to the City the fees for the cost of checking said plans upon submittal of said plans to the City. If said fees prove to be insufficient to complete said plan checking, the Subdivider shall make additional deposits as required by the Assistant City Manager/ Director of Public Works or his designee. Failure to make any required payment or deposit shall cause such plan checking to be suspended and be grounds to withhold the issuance of building permits for any construction in the subdivision defined by Map.

2. 3 Soils Report. The Subdivider shall cause to be made and pay for soil tests made by a reputable soils testing laboratory to determine gradation, bearing and resistance value of soils within the subdivision. The Subdivider shall also cause to be made and pay for all compaction tests necessary to determine that all soils, including the utility trenches, have been satisfactorily backfilled.

2. 4 Permits and Fees. The Subdivider shall, at the Subdivider' s expense, obtain all necessary permits and licenses for the construction and installation of the work and public improvements required hereunder and pay all required fees and taxes and give all necessary notices.

2. 5 Superintendence by the Subdivider. The Subdivider shall provide continuous superintendence to the construction and installation of the public improvements by assigning a competent foreman or superintendent, satisfactory to the Assistant City Manager/ Director of Public Works or his designee, to the work site, who shall have full authority to act for the Subdivider

2. 6 Duty to Facilitate Inspections. The Subdivider shall at all times maintain proper facilities and provide safe access for inspection by the Assistant City Manager/ Director of Public Works or his designee, to all parts of the work, and to the shops wherein the work is in preparation.

Article 3. The Subdivider' s Liabilities

3. 1 Liability of the Subdivider. The Subdivider agrees that the use for any purpose and by any person of any or all of the work and public improvements required by this Agreement shall be at the sole and exclusive risk of the Subdivider at all times prior to final acceptance by the City of the completed public improvements thereon and therein; provided that Agreement Masters\ Subdivision Improvement Agreement( General City,CP)\ REV 15- page 4 Of 100128\ MB
47 acceptance by the City shall not eliminate, lessen or relieve the Subdivider of any obligations or undertakings contained in this Agreement. The issuance of any occupancy permits by the City for any structures located within said subdivision shall not be construed to constitute an acceptance or approval of any of the public improvements required hereunder.

3. 2 Liability for Nonperformance. Neither the City nor any of its officers or agents shall be liable to the Subdivider or its contractors for any error or omission arising out of, or in connection with, any work to be performed under this Agreement or the plans, profiles or specifications therefore approved by the Assistant City Manager/ Director of Public Works or his designee.

3. 3 Development Impact Fees. Development Impact Fees shall be paid pursuant to and in accordance with Chino Municipal Code Chapter 3.40.

3. 4 Utility Deposits. Prior to commencement of any work required by this Agreement, the Subdivider shall file with the Assistant City Manager/ Director of Public Works or his designee a statement signed by the Subdivider and each public utility to the effect that the Subdivider has made all deposits legally required by such public utility for the connection of any and all public utilities required to be supplied by such public utility within the subdivision.

3. 5 Liability for Personal Injuries. The City shall not be liable to the Subdivider or to any other person, firm, or corporation whatsoever, for any injury or damage that may result to any person or property by or from any cause whatsoever, in, on or about the subdivision of the Property or connected to the construction and installation of the work and public improvements required hereunder.

3. 6 Release and Indemnification. The Subdivider hereby releases and agrees to indemnify and save the City harmless from and against any and all injuries to and deaths of persons and injuries to property, and all claims, demands, costs, loss, damage and liability, howsoever the same may be caused, and whensoever the same may appear, resulting directly or indirectly from the performance or nonperformance of any work or public improvement to the Property and upon premises adjacent thereto pursuant to this Agreement, and also from any and all injuries to, and deaths of persons, and injuries to property or other interests, and all claims, demands, costs loss, damage, and liability, howsoever same may be caused and whensoever the same may appear, either directly or indirectly made or suffered by the Subdivider, Subdivider' s agents, employees, and subcontractors, while engaged in the performance of said work or public improvements. Prior to the commencement of any work or public improvement required hereunder, the Subdivider shall furnish to the City satisfactory evidence of an insurance policy, written upon a form and by a company which meets with the approval of the City, insuring the City, its officers, agents, and employees against loss or liability which may arise during the work, or which may result from any of the work herein required to be done, including all costs of defending any claim arising as a result thereof. Minimum liability and property damage insurance shall be not less than $ 500,000.00 for all damages arising out of bodily injury to or death of one person and not less than $ 1,000, 000.00 for all damages arising out of bodily injuries to or death of more than one person in any one occurrence; and not less that $ 250, 000. 00 for all damages and/ or destruction of property in any one occurrence and not less than $ 500, 000. 00 for all damages and/ or destruction of property during the policy period.

Said policy shall be maintained in full force and effect during the life of this Agreement. Said policy shall state, by its terms and by an endorsement, that said policy shall not be canceled until Agreement Masters\ Subdivision Improvement Agreement( General City,CP)\ REV 15- 0128\ MB Pagee 5 of 10
48 the City shall have had at least ninety( 90) days prior notice in writing of such cancellation.

Article 4. Inspection of Improvements

4. 1 Inspection by Assistant City Manager/ Director of Public Works. All public improvements shall be constructed under the inspection of, and subject to approval, of the Assistant City Manager/ Director of Public Works or his designee. The cost of inspections shall be paid by the Subdivider, who shall submit a sufficient deposit prior to the issuance of building permits. If said deposit proves to be insufficient to complete said inspection, the Subdivider shall make additional deposits as determined by the Assistant City Manager/ Director of Public Works or his designee. Failure to make any required deposit shall cause such plan inspections to be suspended and be grounds to revoke all the building permits for any construction in the subdivision, or to refuse to issue an occupancy permit for any facilities constructed on any lot within said subdivision.

4. 2 Approval by Assistant City Manager/ Director of Public Works. It is mutually agreed that the Assistant City Manager/ Director of Public Works or his designee shall have the authority to reject any or all of the work or public improvements required hereunder if same fails to conform to the approved plans, profiles or specifications for said public improvements or if same are not constructed or installed in a good and workmanlike manner to the satisfaction of the Assistant City Manager/ Director of Public Works or his designee.

Furthermore, any damage to existing facilities, including any curbs, drainage facilities, gutters, landscaping, sewer and water mains, street or utilities, that occurs after installation, shall be repaired to the satisfaction of the Assistant City Manager/ Director of Public Works or his designee by the Subdivider prior to the issuance of an occupancy permit for any structure within the subdivision and prior to the release of any security provided hereunder. 4, 3 Responsibility Despite Inspections. Notwithstanding the fact that the Subdivider' s plans, profiles and specifications, and construction and installation of the public improvements, and other acts are subject to the approval of the Assistant City Manager/ Director of Public Works or his designee, it is understood and agreed that any approval by the Assistant City Manager/Director of Public Works or his designee shall not relieve the Subdivider of the obligation to satisfactorily perform the obligations hereunder. All construction shall be performed strictly in accordance with the approved plans, profiles and specifications, the City's latest standard specifications and the provisions of the Chino Municipal Code to the satisfaction of the Assistant City Manager/ Director of Public Works or his designee.

4. 4 Occupancy Permits. No occupancy permit for any structure on any lot within the subdivision shall be issued, and no utility connection shall be made, unless and until the Subdivider has complied with all the obligations hereunder to the satisfaction of the Assistant City Manager/ Director of Public Works or his designee.

4. 5 Notice of Completion. The Subdivider shall record a Notice of Completion for all the work and public improvements completed within ten ( 10) days after the City's acceptance of said improvements.

4. 6 Certification of Satisfactory Completion. Upon the satisfactory completion of the improvements by the Subdivider, the Assistant City Manager/Director of Public Works or his designee, or his designee, shall certify that the work of said improvements has Agreement Masters\ Subdivision Improvement Agreement( General City, CP)\ REV 15- Page, 6 of 100128\ MB
49 been satisfactorily completed.

4. 7 Filing of " Record" Drawings. Upon completion of the work or public improvements, the Subdivider shall submit one mylar ( 4 mils) set of " Record" drawings to the Assistant City Manager/ Director of Public Works or his designee. These drawings shall be certified as representing the actual construction and shall depict the work and public improvements as actually constructed, with all changes incorporated therein.

Article 5. Miscellaneous Provisions

5. 1 Relationship of Contractors. It is hereby mutually covenanted and agreed by the parties hereto that the Subdivider's contractors are not agents of the City and that the contractors' relations to City, if any, are those of independent contractors.

5. 2 Entire Agreement. This writing constitutes the entire agreement of the Parties and supersedes any prior written or oral agreements between them with respect to the subject matter hereof and may not be modified or amended except as set forth herein.

5. 3 Attorney' s Fees. In the event that any action at law or in equity is brought to interpret or enforce any provision of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs.

5. 4 Assignment. This Agreement shall not be assignable by the Subdivider without written consent of the City.

5. 5 Successors. Subject to the restrictions against assignment contained herein, this Agreement shall inure to the benefit of and shall be binding upon each of the parties and their respective assigns, successors in interest, person representatives, estates, heirs and legatees.

5. 6 No Waiver. No waiver of any breach or default hereunder shall be considered valid unless in writing, and no such waiver shall be deemed a waiver of any subsequent breach or default of the same or similar nature.

5. 7 Choice of Law. This Agreement shall be governed by the laws of the State of California without regard to the principles of conflict of laws.

5. 8 Invalidity. If any provisions of this Agreement shall be declared invalid, void, or unenforceable by a court of competent jurisdiction of the State of California, the remaining provisions shall continue in full force and effect.

5. 9 Counterparts. This Agreement may be executed in one or more counterparts, all of which taken together shall be deemed one original.

5. 10 Effective Date of Agreement. This Agreement shall not become effective unless and until the final map of said tract/parcel shall have been approved by the City Council of the City of Chino.

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50 f
Agreement Masters\ Subdivision Improvement Agreement( General City,CP)\ REV 15-

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51 Executed at Chino, California, on r, cex Z_' LT. kL.

Approved as to Form: Approved as to Content:

V. l q ' 1
Asst- City Attorney 08) 6 se A i tr—
Assistant City Manager
D. R. NORTON CA3, INC.,
A Delaware Corporation
By: amw& ./Signature and Date)
Name: b(W16', V_,k ( Y • ( Y cUQ-ctLUro iPlease type or print name) Title: VIC-c C'FS d-tVJ--Please type or print title)

CITY OF CHINO
Matthe B Ila a City Managerer
Dated:

ATTEST:

F_'__ -,( A—
Angela(aobles,CityClerk
Dated: ` r 1Z i-
Attachment: Exhibit 1
Agreement Masters\Subdivision Improvement Agreement( General City,CP)\REV 15- 0128\ MB Page 9 of 10
52 SUBDIVISION IMPROVEMENT AGREEMENT

EXHIBIT I
A. Removal of undesirable, dangerous and dead plant materials and roots.

B. All onsite and offsite grading as specified on the approved grading plan.

C. Relocation of all public utility structures as necessary to properly construct the required improvements.

D. Storm drain facilities as required and shown on the approved construction plans and in accordance with City Standards.

E. Sanitary sewers constructed as shown on the approved, engineered plans and in accordance with City Standards.

F. Water mains, valves, hydrants, services, meters and appurtenances to serve each lot as shown on the approved construction plans and in accordance with City Standards.

G. Underground installation of all electrical, telephone, cable television and any other energy or communication lines that abut or are within the project site.

H. A street lighting system (City-owned) in accordance with City Standards.

I. Disposal of all rocks and debris located within any public right-of-way within said development or on the boundary streets thereof.

J. Installation of concrete curbs, gutters, sidewalks, cross gutters, driveways and intersections as shown on approved construction plans and in accordance with City Standards.

K. Installation of asphalt concrete or Portland Cement Concrete street pavement on base material as shown on approved construction plans and in accordance with City Standards.

L. Street signs at intersections per the City Standards.

M. Installation of approved landscaping ( plants and materials).

N. Setting monuments as required by the State Code.

The Subdivider shall also perform all work and furnish all materials necessary, in the opinion of the Assistant City Manager/ Director of Public Works or his designee and on his order, to complete the improvements in accordance with the plans and specifications on file as hereinbefore specified, or any changes required or ordered by said Engineer which, in his opinion, are necessary or required to complete this work.

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53 ISSUED IN TRIPLICATE
Bond No.: 09228235
Contract No.: Q rq- 7_/( p( Q
Approved: XfI to I f of( p Cf
FAITHFUL PERFORMANCE BOND Montecito"
WHEREAS, the City Council of the City of Chino, Stateof California, hereinafterdesignatedas" CITY" and D. R. HORTON CA3, INC., A DELAWARE CORPORATION, hereinafter designated as" PRINCIPAL," have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated and identified as Tract No. 18982, is hereby referred to and made a part hereof; and
WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement.

NOW, THEREFORE, we, the Principal and Fidelity and Deposit Company of Maryland as surety, are held and firmly bound unto the City of Chino in the penal sum of One Million One Hundred Three Thousand Four Hundred and 00/ 100 Dollars($ 1,103,400.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors, and administrators, jointly and severally, firmly by these presents.

The condition of this obligation is such that if the above- bound Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and provisions in said agreement and any alteration thereof made as therein provided, on his or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees including reasonable attorneys' fees, incurred by City in successfullyenforcingsuch obligation, all to be taxed as costs and included in any judgment rendered.

The surety hereby stipulatesand agrees that no change, extensionof time, alteration, or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the agreement or to the work or to the specifications.

IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety above named, on August 4, 2016

PRINCIPAL SURETY
D. R. NORTON CA3, INC.

A Delaware Corporation Fidelity and Deposit Company of Maryland By: By:

Print Name: bwbdh_A_ Margaret A. Ginem
Vice President
Print Name: 9
Attorney- in-Fact

SIGNATURES MUST BE NOTARIZED
Approved as to Form: c/ o Willis Towers Watson
4211 W. Boy Scout Blvd., Ste. 1000
Tampa, FL 33607
at%+.City Attorney0g/ 1e)&
Inquiries: ( 813) 281- 2095
Document No. 16353( PWFORMS\ BONDS- faithful performance\ rev. 05/ 2012) Page 1 of 1 54 SenateBill 1050, amends Sections 1189 and 1195 of the Civil Code and Section 8202 of the GovernmentCode, relatingto notariespublic. Thebelowphysicalformatof thenewdisclosure notice is an example, for purposes of illustration.

A notary public or other officer completing this
certificatevermesonlytheidentityof 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 , rt
On t S aVll_ Le before me, AI, j i% here
insert nam and title of officer), personally appeared l` ' OZA— I'd M who proved to me on the basis of satisfactory evidence to be the persono whose name( yj is/ a subscribed to the within instrument and acknowledged to me that-he/she4ey executed the same in- higVher/tlagir authorized capacity("), and that by-4+Wher/ t4eir signature 4 on the instrument the person, or the
entityuponbehalfof whichtheperson(y)acted, executedtheinstrument. 1certify under PENALTY OF PERJURYunderthe laws of the Stateof California that the foregoing paragraph is true and correct
WITNESS hand and official seal.
n
Signature Seal)

ANGELYN GUTIERREZ
Commission# 2060404 z
Notary Public- California z
Z
Riverside County
r
MyCommExpiresMar8.2018
ANG ELYN G#
206206Commission# 04404
Z Notary Public- California
RiversideCounty
M Comm. Expires Mar$, 20tR
55 ACKNOWLEDGEMENT BY SURETY

STATE OF FLORIDA
COUNTY OF HILLSBOROUGH ISS.

On this 4th
day of August, 2016 before me, personally came Margaret A.

Ginem, who is personally known to me ( or proved to me on the basis of satisfactory evidence) to be the person who executed the within Instrument as Attorney- In- Fact on behalf of Fidelity and Deposit Company of Maryland, and acknowledged to me that he/ she executed the within instrument on behalf of said surety company and was duly authorized to do.

In witness whereof, I have signed and affixed my official seal on the date in this certificate first above written.

Signature ' r" K_ C-.

M ianella Barnola
ag,.:"•.,
MARIANE=
94T761
t
Cortxnisa
Expires M,ge.

Bad d T
This area for Official Notarial Seal
56 ZURICH AMERICAN INSURANCE COMPANY

COLONIAL AMERICAN CASUALTY AND SURETY COMPANY

FIDELITY AND DEPOSIT COMPANY OF MARYLAND

POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland ( herein collectively called the " Companies"), by MICHAEL BOND, Vice President, in pursuanceof authority granted by Article V, Section 8, of the By- Laws of said Companies, which are set forth on the reverseside hereofand areherebycertified to be in full force and effect on the datehereof, do herebynominate, constitute, and appoint David H. CARR, Anett CARDINALE, Margaret A. GINEM, Eileen C. HEARD and Brandy L. BAICH, all of Tampa,Florida, EACH its trueandlawful agentandAttorney-in-Fact,to make,execute,sealanddeliver,for, andon its behalfassurety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents andpurposes, as if they had beenduly executedand acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly electedofficers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons.

The saidVice Presidentdoesherebycertify that the extractsetforth on the reversesidehereofis a true copy of Article V, Section8, of the By- Laws of said Companies, and is now in force.

IN WITNESS WHEREOF, the said Vice- President has hereunto subscribed his/ her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 11th day of April, A.D. 2016.

ATTEST:

ZURICH AMERICAN INSURANCE COMPANY

COLONIAL AMERICAN CASUALTY AND SURETY COMPANY

FIDELITY AND DEPOSIT COMPANY OF MARYLAND
ccamoo)Im
B
Secretary Vice President
Eric D. Barnes Michael Bond
State of Maryland
County of Baltimore
On this 11th day of April, A.D. 2016, before the subscriber, a Notary Public of the Stateof Maryland, duly commissioned and qualified, MICHAEL BOND, Vice President, and ERIC D. BARNES, Secretary, of the Companies,to me personally known to be the individuals and officers described in and who executedthe preceding instrument, and acknowledgedthe execution of same, and being by me duly sworn, deposethand saith, that he/she is the said officer of the Company aforesaid, and that the sealsaffixed to the preceding instrument are the Corporate Sealsof said Companies, and that the said Corporate Sealsandthe signatureas suchofficer wereduly affixed and subscribedto the saidinstrument by the authority anddirection of the said Corporations.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Sealthe day and year first above written.

CTs`. o^., i> r 2.. ti A. v?^.. r'_. 1'..: U. 1\.''` l
ConstanceA. Dunn, Notary Public
My Commission Expires: July 9, 2019
POA- F 031- 319OF
57 EXTRACT FROM BY- LAWS OF THE COMPANIES
Article V, Section8, Attorneys-in-Fact. The Chief ExecutiveOfficer, the President,or anyExecutiveVice Presidentor Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in- fact with authority to execute bonds, policies, recognizances, stipulations,undertakings, or other like instrumentson behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix thecorporatesealthereto;andmaywith or without causemodify of revokeanysuchappointmentor authorityat any time.

CERTIFICATE
I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoingPowerof Attorneyis still in full forceandeffecton thedateof this certificate;andI do furthercertifythatArticle V, Section8, of the By- Laws of the Companies is still in force.

This Power of Attorney andCertificate may be signedby facsimile under andby authority of the following resolution of the Board of Directorsof theZURICH AMERICAN INSURANCE COMPANY at ameetingduly called andheld on the 15thdayof December1998.

RESOLVED: " Thatthesignatureof thePresidentor aVice Presidentandtheattestingsignatureof aSecretaryor anAssistantSecretary and the Sealof the Company may be affixed by facsimile on any Power of Attorney...Any suchPower or any certificate thereof bearing such facsimile signatureand sealshall be valid and binding on the Company." This Power of Attorney and Certificate may be signedby facsimile under andby authority of the following resolution of the Board of Directorsof the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meetingduly called andheld on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called andheld on the 10th day of May, 1990.

RESOLVED: " Thatthefacsimileor mechanicallyreproducedsealof thecompanyandfacsimileor mechanicallyreproducedsignature of anyVice-President, Secretary, or AssistantSecretaryof theCompany,whethermadeheretoforeor hereafter, whereverappearingupona certified copy of anypower of attorneyissuedby theCompany,shallbe valid andbinding upon the Companywith thesameforce andeffect as though manually affixed.

IN TESTIMON HERE I havehereuntosubscribedmy nameand affixed the corporatesealsof the said Companies, this day of 20/,
SEAL
elm
Gerald F. Haley, Vice President
58 ISSUED IN TRIPLICATE
Bond No.: 09228235
Contract No.: 1,,,a1? / iv( O
Approved: g// V I Zo/ t. * ri
LABOR AND MATERIAL BOND Montecito"
WHEREAS, the City Council of the City of Chino, State of California, hereinafter designated as" CITY" and D. R. HORTON CA3, INC., A DELAWARE CORPORATION, hereinafter designated as" PRINCIPAL," have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated and identified as Tract No. 18982, is hereby referred to and made a part hereof; and
WHEREAS, under the terms of said agreement, Principal is required, before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Chino to secure the claims to which reference is made in Title 15( commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California.

NOW, THEREFORE, said Principal and the undersigned, as corporate surety, are held and firmly bound unto the City of Chino, and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Five Hundred Fifty-One Thousand Eight Hundred and 00/ 100 Dollars($ 551, 800. 00) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 ( commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.

The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition.

IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety above named, on AUGUST 4, 2016

PRINCIPAL SURETY
D. R. HORTON CA3, INC.

A Delaware Corporation Fidelity and Deposit Company of Maryland By: By: G rd
Print Name: : 1,
Vice President Print Name: Margaret A. Ginem
Attorney- in-Fact

SIGNATURES MUST BE NOTARIZED
Approved as to Form: c/ o Willis Towers Watson
4211W. BoyScoutBlvd.,Ste. 1000
Tampa, FL 33607

4. City Attorney, g/ ts+
Inquiries:( 813) 281- 2095
Document No. 16354( PWFORMS\ BONDS- L& M\ rev. 05/ 2012) Page 1 of 1 59 Senate Bill 1050, amends Sections 1189 and 1195 of the Civil Code and Section 8202 of the GovernmentCode, relating to notariespublic. The below physical format of thenew disclosure notice is an example, for purposes of illustration.

A notary public or other officer completing this
certificateverifies 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 Calif rnia
County of
On 1. iS l( o before me, All! 0 i1tel e N?r 60 PJj here insert nam and title of officer), personally appear( M Lj& JgC AA, .( yt( who provedto meonthebasisof satisfactoryevidenceto betheperson) whosename(p) is/ar-esubscribedto the within instrument and acknowledged to me that- lie/she/giey executed the same in -los/her/tlg.ir authorized capacity(}, and that by--k»s/ her/ tUQir signature(} ontheinstrumentthepersonO, or the
entityuponbehalfof whichthepersonOacted, executedtheinstrument.

I certify under PENALTY OF PERJURY under the laws of the Stateof California that the foregoing paragraph is true and correct
WITNESS cn hand and official seal.

Signature Seal)
Wb*
jd6lANGELYN GUTIERREZ
Commission# 2060404
Z
y Notary Public- California
Z Riverside County
M Comm. Expires Mar 8, 2018
60 ACKNOWLEDGEMENT BY SURETY

STATE OF FLORIDA
COUNTY OF HILLSBOROUGH I SS.

On this 4t"
day of August, 2016 before me, personally came Margaret A.

In witness whereof, I have signed and affixed my official seal on the date in this certificate first above written.

Signature
Ma anella Barnola
s ri L MARIANELLAWNOLA
Commission# FF 947761
3 ExpiresMay5,2020II'
I. 0°,. BondedThu Tro7Feinkwswm SWIes.7019
This area for Official Notarial Seal
61 ZURICH AMERICAN INSURANCE COMPANY

COLONIAL AMERICAN CASUALTY AND SURETY COMPANY

FIDELITY AND DEPOSIT COMPANY OF MARYLAND

POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland ( herein collectively called the " Companies"), by MICHAEL BOND, Vice President, in pursuanceof authority granted by Article V, Section 8, of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to he in full force and effect on the date hereof, do hereby nominate, constitute, and appoint David H. CARR, Anett CARDINALE, Margaret A. GINEM, Eileen C. HEARD and Brandy L. BAICH, all of Tampa, Florida, EACH its true andlawful agentandAttorney-in-Fact,to make,execute, sealanddeliver, for, andon its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., andthe regularly electedofficers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons.

The said Vice Presidentdoeshereby certify that the extract setforth on the reverseside hereof is a true copy of Article V, Section 8, of the By-Laws of said Companies, and is now in force.

ATTEST:

ZURICH AMERICAN INSURANCE COMPANY

COLONIAL AMERICAN CASUALTY AND SURETY COMPANY

FIDELITY AND DEPOSIT COMPANY OF MARYLAND
N~
N/
meq
c(so)*
191
pfd
f 4- I
Secretary Vice President
Eric D. Barnes Michael Bond
State of Maryland
County of Baltimore
On this 11th day of April, A.D. 2016, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, MICHAEL BOND, Vice President, and ERIC D. BARNES, Secretary, of the Companies, to me personally( mown to be the individuals and officers described in and who executedthe preceding instrument, and acknowledgedthe execution of same,and being by me duly swom, deposethand saith, that he/sheis the said officer of the Companyaforesaid,andthat the sealsaffixed to the precedinginstrumentarethe CorporateSealsof said Companies,and that the saidCorporate Sealsandthe signatureas such officer wereduly affixed and subscribedto the saidinstrument by the authority anddirection of the said Corporations.

IN TESTIMONY WHEREOF, I have hereunto setmy hand and affixed my Official Sealthe day and year first above written. i W
ConstanceA. Dann, Notary Public
My Commission Expires: July 9, 2019
POA- F 031- 319OF
62 EXTRACT FROM BY- LAWS OF THE COMPANIES
Article V, Section 8, Attorneys-in-Fact. The Chief Executive Officer, the President,or any Executive Vice Presidentor Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instrumentson behalf of the Company, andmay authorizeany officer or any such attorney-in-factto affix thecorporatesealthereto;andmaywith or withoutcausemodifyof revokeanysuchappointmentor authorityat any time.

CERTIFICATE
I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETYCOMPANY, andtheFIDELITY AND DEPOSITCOMPANY OF MARYLAND, do herebycertify that the foregoingPowerof Attorneyis still in full forceandeffecton thedateof this certificate;andI do furthercertify thatArticle V, Section8, of the By- Laws of the Companies is still in force.

This Power of Attorney and Certificate may be signedby facsimile under andby authority of the following resolution of the Board of Directorsof theZURICH AMERICAN INSURANCE COMPANY atameetingduly called andheld on the 15thday of December1998.

RESOLVED: " Thatthesignatureof thePresidentor aVice Presidentandtheattestingsignatureof aSecretaryor anAssistantSecretary andtheSealof theCompanymaybeaffixedby facsimileonanyPowerof Attorney...Any suchPoweror anycertificatethereofbearingsuch facsimilesignatureandsealshallbevalid andbindingontheCompany." This Powerof Attorney andCertificatemay be signedby facsimileunderandby authorityof thefollowing resolutionof the Board of Directorsof the COLONIAL AMERICAN CASUALTY AND SURETYCOMPANY at a meetingduly calledandheld on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called andheld on the 10th day of May, 1990.

RESOLVED: " Thatthefacsimileormechanicallyreproducedsealof thecompanyandfacsimileor mechanicallyreproducedsignature of anyVice-President, Secretary, orAssistantSecretaryof theCompany,whethermadeheretoforeorhereafter,whereverappearingupona certified copy of anypower of attorneyissuedby theCompany,shallbe valid andbinding uponthe Companywith thesameforce andeffect as though manually affixed.

IN TESTIMON WHEREF, I havehereuntosubscribedmy nameandaffixed the corporatesealsof the saidCompanies, this 6t day of 20A_
v ocios.

U
OWN" rJrwty
SEALON / ?
Gerald F. Haley, Vice President
63 y, s

ISSUED IN TRIPLICATE
Bond No.: 09228236
Contract No.: _ 2o/ 7 -/( p( V
Approved: Y//( lZol to W q
WARRANTY BOND Montecito"
WHEREAS, the City Council of the City of Chino, State of California, hereinafter designated as" CITY" and D. R. HORTON CA3, INC., A DELAWARE CORPORATION, hereinafter designated as" PRINCIPAL," have entered into an agreement whereby Principal has agreed to warrant and guarantee the installation, completion, and maintenance of certain designated public improvements, which said agreement, dated and identified as Tract No. 18982, is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the warranty of said improvements.

NOW, THEREFORE, we, the Principal, and Fidelity and Deposit Company of Maryland as surety, are held and firmly bound unto the City of Chino in the penal sum of One Hundred Ten Thousand Four Hundred and 00/ 100 Dollars ($ 110,400.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors, and administrators, jointly and severally, firmly by these presents.

The condition of this obligation is such that if the above bound Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and provisions in said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed thereof made as therein provided, on his or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees including reasonable attorneys' fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the agreement or to the work or to the specifications.

IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety above named, on August 4. 2016

PRINCIPAL SURETY
D. R. HORTON CA3, INC.

A Delaware Corporation Fidelity and Deposit Company of Maryland By: By: 9nT17
Print Name:& fbd/KA_M
Vice President
Print Name: Margaret A. Ginem
Attorney- in- Fact
c/ o Willis Towers Watson
SIGNATURE( S) MUST BE NOTARIZED 4211W. BoyScoutBlvd.,Ste. 1000 Approved as to Form: Tampa, FL 33607
Inquiries:( 813) 281- 2095
As4. City Attorney cs 13 1rr
Document No. 19808( PWFORMS\ BONDS- Warranty\ rev. 05/ 2012) Page 1 of 1 64 SenateBill 1050, amendsSections1189and 1195of the Civil Codeand Section8202of the GovernmentCode, relating to notariespublic. Thebelow'physicalformat of the;new disclosure notice is an example, for purposesof illustration.

A notarypublic or other officer completingthis
certificateverifies 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 & V
Onk A 9+`2— I before me, X34 1 A
I( t ft-' qOt i'' Pell 6, ( here
insert name title of officer personally appear- ed r/ wP Yhi, U. 1 G f who proved to me on the basis of satisfactory evidence to be the person(} whosename(4 is/ar¢ subscribedto the within instrumentand acknowledgedto me that.4o/she/they executedthe samein. l44/her/th4ir authorized capacity(, and that by. histher/ t4oe r
signatureV) on the instrument the
personO, or theentity upon behalf of which the person(} acted, executed the instrument.

I certifyunderPENALTYOFPERJURYunderthelawsof theStateof Californiathattheforegoingparagraph is true and correct WITNESS to hand and official seal.

Signature r^' Seal)
ANELYNWTIERREt
Commission0 2060404
NotaryPublic-California =Riverside County 9M Comm. Expires Mar 8, 2018 65 ACKNOWLEDGEMENT BY SURETY

STATE OF FLORIDA
COUNTY OF HILLSBOROUGH I SS.

On this 4th
day of August, 2016 before me, personally came Margaret A.

In witness whereof, I have signed and affixed my official seal on the date in this certificate first above written.

Signature rC w
i'
M ianella Barnola

MARIANELLA BARNOLA
Commission# FF 947761
ExpiresMay5,2020Sc' r
a- 40d 11- ha/ fan 1"-- 800385, 7019
This area for Official Notarial Seal
66 ZURICH AMERICAN INSURANCE COMPANY

COLONIAL AMERICAN CASUALTY AND SURETY COMPANY

FIDELITY AND DEPOSIT COMPANY OF MARYLAND

POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland ( herein collectively called the " Companies"), by MICHAEL BOND, Vice President, in pursuanceof authority grantedby Article V, Section8, of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint David H. CARR, Anett CARDINALE, Margaret A. GINEM, Eileen C. HEARD and Brandy L. BAICH, all of Tampa, Florida, EACH its true andlawful agentandAttorney-in-Fact,to make,execute,sealanddeliver, for, andon its behalf assurety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be asbinding upon saidCompanies, asfully and amply, to all intentsandpurposes, asif they had beenduly executedand acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons.

The said Vice President doeshereby certify that the extract set forth on the reverseside hereof is a true copy of Article V, Section 8, of the By- Laws of said Companies, and is now in force.

ATTEST:

ZURICH AMERICAN INSURANCE COMPANY

COLONIAL AMERICAN CASUALTY AND SURETY COMPANY

FIDELITY AND DEPOSIT COMPANY OF MARYLAND
wQ 900,
E
0 ZIN
ORAL o:

A 4_1 _ t
Secretary Vice President
Eric D. Barnes Michael Bond
State of Maryland
County of Baltimore
On this I Ith day of April, A.D. 2016, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, MICHAEL BOND, Vice President, and ERIC D. BARNES, Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, andthat the sealsaffixed to the preceding instrument arethe Corporate Sealsof said Companies,and that the said Corporate Sealsand the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.

IN TESTIMONY WHEREOF, I have hereuntosetmy hand andaffixed my Official Sealthe day and year first above written. yi$ 11;
1Ifllii
ConstanceA. Dunn, Notary Public
My Commission Expires: July 9, 2019
POA- F 031- 319OF
67 4

EXTRACT FROM BY- LAWS OF THE COMPANIES
Article V, Section8, Attorneys-in-Fact. The Chief ExecutiveOfficer, thePresident,or anyExecutiveVice Presidentor Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations,undertakings, or otherlike instrumentson behalf of the Company, andmay authorizeanyofficer or any such attorney-in-fact to affix thecorporatesealthereto;andmaywith or without causemodify of revokeanysuchappointmentor authority atany time.

CERTIFICATE
I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTYAND SURETYCOMPANY, andtheFIDELITYAND DEPOSITCOMPANYOFMARYLAND, doherebycertifythatthe foregoingPowerof Attorney is still in full forceandeffecton thedateof this certificate;andI do furthercertify thatArticle V, Section8, of the By- Laws of the Companies is still in force.

ThisPowerof AttorneyandCertificatemaybe signedby facsimileunderandby authorityof thefollowing resolutionof the Boardof Directorsof theZURICH AMERICAN INSURANCE COMPANY at ameetingduly calledandheld onthe 15thdayof December1998.

RESOLVED: " Thatthesignatureof thePresidentor a Vice Presidentandtheattestingsignatureof a Secretaryor anAssistantSecretary andtheSealof theCompanymaybeaffixed by facsimileon anyPowerof Attorney...Any suchPoweror anycertificatethereofbearingsuch facsimile signatureand sealshall be valid andbinding on the Company." This Power of Attorney and Certificatemay be signedby facsimile under andby authority of the following resolution of the Board of Directorsof the COLONIAL AMERICAN CASUALTY AND SURETYCOMPANY at a meetingduly calledandheld on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called andheld on the 10th day of May, 1990.

RESOLVED: " Thatthefacsimileormechanicallyreproducedsealof thecompanyandfacsimileor mechanicallyreproducedsignature of anyVice-President, Secretary,or AssistantSecretaryof theCompany,whethermadeheretoforeor hereafter,whereverappearingupona certifiedcopyof anypowerof attorneyissuedby theCompany,shallbevalid andbindingupontheCompanywith thesameforce andeffect as though manually affixed.

IN TESTIMONWHEREO have hereunto subscribedmy name and affixed the corporate sealsof the said Companies, this Wlayof
Gerald F. Haley, Vice President
68 MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT
COUNCIL MEETING DATE: AUGUST 16, 2016
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: JOSE ALIRE, ASSISTANT CITY MANAGER/ PUBLIC WORKS SUBJECT: FINAL TRACT MAP NO. 18982 ( D. R. HORTON CA3, INC.).

RECOMMENDATION
1) Approve Tract Map No. 18982; 2) approve the Subdivision Improvement Agreement and securities; and 3) authorize the City Manager to execute the necessary documents on behalf of the City.

FISCAL IMPACT
There is no fiscal impact to the City.

Revenue: Expenditure:

Transfer In: Transfer Out:
69 COUNCIL MEETING DATE: AUGUST 16, 2016
SUBJECT: FINAL TRACT MAP NO. 18982 ( D. R. HORTON CA3, INC.) PAGE 2

BACKGROUND
Tract Map No. 18982 is presented by D. R. Horton CA3 Inc., a Delaware Corporation for City Council action. These are five existing parcels on approximately 14 acres, located on the north side of Francis Avenue, and west side of Central Avenue. The map will divide the five existing parcels into 113 residential lots, and 17 lettered lots, and substantially conforms to Tentative Tract Map No. 18982, which was conditionallyapprovedby the PlanningCommissionon July 20, 2015 ( Exhibit A).

ISSUES/ ANALYSIS
The requirements made at the time of tentative map approval have been met by the execution of the Subdivision Improvement Agreement, and by posting the necessary securities to guarantee the construction of public improvements. The City Attorney has reviewed and approved the Subdivision Improvement Agreement and respective securities.

JA/ IA/ sm
Attachment: Exhibit A
70 CITY OF CHINO

CITY ATTORNEY MEMORANDUM
TO: Isidro Abreu, Associate Engineer
Public Works Department
FROM: Gutierrez, Fierro & Erickson, City Attorney
DATE: August 15, 2016
SUBJECT: Subdivision Improvement Agreement with DR Horton CA3, Inc., for Parcel Map 18982, and related bonds
I have reviewed, approved, and executed the Subdivision Improvement Agreement with DR Horton CA#, Inc., for Parcel Map 18982, as well as faithful performance, labor and materials, and warranty bonds on the project.

Please note the following comments:

None.

If you have any questions, please do not hesitate to call.

Respectfully Submitted,
GUTIERREZ, FIERRO & ERICKSON, A. P. C.

City Attorney
By: t-, .,.Arturo N. Fierro
Assistant City Atto n y
cc: Angela Robles, City Clerk
Document No. 26267 1608. 17
71 TM 18982 - PUBLIC IMPROVEMENTS

MARINER LN

TELEPHONE AVESNYDER AVE

SOLARISWAYLEGEND

FRANCIS AVE

CENTRAL AVE
72 MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: MAY 5, 2026

TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, PE, DIRECTOR OF PUBLIC WORKS

SUBJECT
..titl e
Majestic Chino Heritage, LLC – Vesting Parcel Map. No. 20071 and Subdivision Improvement Agreement.
..end

RECOMMENDATION
1) Approve Vesting Parcel Map No. 20071; 2) approve the Subdivision Improvement Agreement with Majestic Chino Heritage, LLC, a Delaware limited liability company; and 3) authorize the City Manager to execute all necessary documents on behalf of the City. ..body

FISCAL IMPACT
The Developer shall pay to the City a one -time lump sum in the amount of $10,417,000 prior to issuance of a certificate of occupancy. This amount shall be subject to an annual escalation of three percent (3%), commencing on October 31, 2021, and increasing annually thereafter until paid in full.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above further 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

Revenue: Click or tap here to enter text.

Expenditure:

Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 73 CITY COUNCIL MEETING DATE: MAY 5, 2026
TITLE: MAJESTIC CHINO HERITAGE, LLC - VESTING PARCEL MAP. NO. 20071 AND SUBDIVISION IMPROVEMENT AGREEMENT.

PAGE: 2

BACKGROUND
On May 17, 2021, the Planning Commission approved applications submitted by Majestic Chino Heritage, LLC (Developer) for the development of the southeast corner of Mountain Avenue and Bickmore Avenue (Exhibit A). The approved applications include: PL18-0118 (Site Approval) for the construction of a 1,168,710 -square-foot speculative warehouse building on Parcel 1 of the project site; PL18 -0119 (Vesting Tentative Parcel Map No. 20071) to subdivide the approximately 97-acre project site into two parcels, consisting of Parcel 1 at approximately 54 acres and Parcel 2 at approximately 43 acres; PL18-0120 (Site Approval) for the construction of a 914,040 -square-foot speculative warehouse building on Parcel 2; and PL19 -0011 (Sp ecial Conditional Use Permit) to allow the loading doors for the building on Parcel 1 to face Bickmore Avenue.

The project site is located largely below the United States Army Corps of Engineers (USACOE) 566-foot flood inundation elevation associated with Prado Dam. As a result, development of the site requires the import of fill material from up to five borrow sites within the Prado Dam Reservoir area to raise the building pads above the 566 -foot elevation. The Developer is required to obtain all necessary permits and approvals from the USACOE prior to commencing any grading activities.

Recently, the Developer submitted a request for a one -year time extension for the project.

Pursuant to the Chino Municipal Code, the Director of Development Services may approve up to three one -year extensions; any additional extension requires Planning Commission approval.

On April 15, 2026, the Planning Commission approved the requested extension, extending the project’s entitlement term through May 17, 2027.

Since the original approval, the Developer has obtained the required approvals from the USACOE in Fall 2024 and has substantially completed final engineering for the project.

The Engineering Conditions of Approval for this development require the construction of pub lic improvements along Mountain Avenue and Bickmore Avenue, including, but not limited to, curb, gutter, sidewalk, streetlights, asphalt concrete pavement, landscaping, traffic signal modifications, sewer, water, and drainage improvements. To guarantee com pletion of these improvements, the Developer is required to enter into a Subdivision Improvement Agreement (SIA) (Exhibit B) and provide the necessary improvement securities. All required improvements shall be constructed at the sole cost and expense of the Developer.

ISSUES/ANALYSIS
The requirements established at the time of tentative map approval will be satisfied through execution of the SIA for Vesting Parcel Map No. 20071, along with the posting of the required securities to guarantee completion of the public improvements.

Independent of any other fees required, the Developer shall pay the City a fee in the amount of $10,417,000. This amount shall be subject to an annual increase of three percent (3%), commencing on October 31, 2021, and continuing ea ch year thereafter until the fee is paid in full. The fee shall be paid in full prior to issuance of a certificate of occupancy. This payment is intended to offset costs associated with the public improvements along Pine Avenue.

Attachments: Exhibit A - Location Map
Exhibit B – Subdivision Improvement Agreement (SIA)

74 CITY COUNCIL MEETING DATE: MAY 5, 2026
TITLE: MAJESTIC CHINO HERITAGE, LLC - VESTING PARCEL MAP. NO. 20071 AND SUBDIVISION IMPROVEMENT AGREEMENT.

PAGE: 3

75 CITYOFCHINO
PBLA

NOT TO SCALE
76 SUBDIVISION IMPROVEMENT AGREEMENT
by and between

CITY OF CHINO
and

MAJESTIC CHINO HERITAGE, LLC
77 SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN

THE CITY OF CHINO
AND
MAJESTIC CHINO HERITAGE, LLCAg
reement Date: May 5, 2026
Subdivider Name: Majestic Chino Heritage, LLC, a Delaware limited liability company Subdivision Description: Construction of two concrete tilt up buildings totaling 2,082,750 SF on approximately 97 acres of land at the SE corner of Mountain Avenue and Bickmore Avenue.

Vesting Tentative Parcel Map No.: PM-20071
Estimated Total Cost of Improvements: $4,064,200.00
Estimated Total Cost of Monumentation : $5,211.00 ( based upon the plans, including individual lots, subdivision boundary and public improvements).

Security:

Bond No.: ____________________
Surety: ___________________
78 Designees for the Service of Written Notice:

CITY: SUBDIVIDER:

Jesus Plasencia
Assistant City Engineer
13220 Central Avenue
Chino, CA 91710
(909) 334-3417
[email protected]
Majestic Chino Heritage, LLC
c/o Majestic Realty Co., Manager’s agent
Attention: Ed Konjoyan, Senior Vice President
13191 Crossroads Parkway North 6th Floor
City of Industry, CA 91746
562-692-9581
[email protected]
CITY PROJECT INSPECTOR OWNER:

Isaac Ortega
Permit & Inspection Supervisor
13220 Central Avenue
Chino, CA 91710
(909) 334-3501
[email protected]
Orange County Flood Control District
c/o Chief Real Estate Officer
County of Orange
400 W. Civic Center Dr., 5th Floor
Santa Ana, CA 92701
[email protected]
79 TABLE OF CONTENTS

1. Construction Obligations

1.1 Works of Improvement

1.2 Other Obligations Referenced in Conditions of Vesting Tentative Map Approval

1.3 Intent of Plans

1.4 Survey Monuments

1.5 Performance of Work

1.6 Changes in the Work

1.7 Defective Work

1.8 No Warranty by City

1.9 Authority of the City Engineer

1.10 Documents Available at the Site

1.11 Inspection

1.12 Compliance with Law; Applicable Standards for Improvements

1.13 Suspension of Work

1.14 Erosion and Dust Control and Environmental Mitigation

1.15 Final Acceptance of Works of Improvement

1.16 Vesting of Ownership

1.17 Subdivider’s Obligation to Warn Public During Construction

1.18 Injury to Public Improvements, Public Property or Public Utility

2. Time for Performance

2.1 Commencement and Completion Dates

2.2 Phasing Requirements

2.3 Force Majeure

2.4 Continuous Work

2.5 Reversion to Acreage

3. Labor

3.1 Labor Standards

3.2 Nondiscrimination

3.3 Licensed Contractors

3.4 Workers’ Compensation

4. Security

4.1 Required Security

4.2 Form of Security Instruments

4.3 Subdivider’s Liability

4.4 Letters of Credit

4.5 Release of Security Instruments

5. Cost of Construction and Provision of Inspection Service

5.1 Subdivider Responsible for All Related Costs of Construction 80 5.2 Payment to City for Cost of Related Inspection and Engineering Services

5.3 Payment of Development Impact Fees

6. Acceptance of Offers of Dedication

7. Warranty of Work

8. Default

8.1 Default by Subdivider

8.2 Remedies

8.3 Remedies Not Exclusive

8.4 Attorney’s Fees and Costs

8.5 Waiver

9. Indemnity/Hold Harmless

10. Subdivider’s Indemnity of Project Approval

11. Insurance Requirements

12. Environmental Warranty

13. General Provisions

13.1 Successors and Assigns

13.2 No Third-Party Beneficiaries

13.3 No Vesting Rights

13.4 Subdivider is Not Agent of City

13.5 Time of the Essence

13.6 Notices

13.7 No Apportionment

13.8 Severability

13.9 Captions

13.10 Incorporation of Recitals

13.11 Interpretation

13.12 Entire Agreement; Waivers and Amendments

13.13 Counterparts

14. Authority
81 1S

UBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT (this “Agreement”) is entered into this 5th day of May, 2026, by and between the CITY OF CHINO, a municipal corporation, organized and existing in the County of San Bernardino, under and by virtue of the laws of the State of California, (“CITY”), and MAJESTIC CHINO HERITAGE, LLC, a Delaware limited liability company (“Subdivider”).

RECITALS
A. Subdivider has obtained approval of a subdivision map identified as Vesting Tentative Parcel Map No. 20071 (the “Map”), to subdivide approximately 9 acres located at the SE corner of Mountain Avenue and Bickmore Avenue in the City of Chino, County of San Bernardino, State of California (the “Property”), the Map and Property are as depicted on Exhibit “A”. The Map requires Subdivider to comply with certain conditions of approval for the development of the Property (the “Conditions”) as described on Exhibit “B”.

B. Pursuant to the Conditions, Subdivider, by the Map, has offered for dedication to City for public use of the streets and easements shown on the Map (as agreed to by the signature hereon of the Orange County Flood Control District, the “Owner” of the Property) . City desires to accept the streets and easements shown on the Map for public use, and certain other improvements described in this Agreement.

C. Subdivider has delivered to City, and City has approved, plans and specifications and related documents for certain “Works of Improvement” (as hereinafter defined) which are required to be constructed and installed in order to accommodate the development of the Property.

D. Subdivider’s agreement to construct and install the Works of Improvement pursuant to this Agreement and its offer of dedication of the streets, easements and other improvements and facilities, as shown on the Map, are a material consideration to City in approving the Map and permitting development of the Property to proceed.

COVENANTS
Based upon the foregoing Recitals which are incorporated herein by reference and in consideration of City’s approving the Map for the Property and permitting development of the Property to proceed, Subdivider agrees to timely perform all of its obligations as set forth herein.

1. Construction Obligations.

1.1. Works of Improvement. Subdivider agrees, at its sole cost and expense, to construct or install, or cause to be constructed or installed the street, drainage, domestic water, sanitary sewer, street lighting, landscaping, utility, and other improvements more fully described in Exhibit “B” attached hereto and pursuant to the agreed upon engineer’s estimate thereof (the “Works of Improvement”), as the same may be supplemented and revised from time to time as 82 2
set forth in this Agreement (said plans and specifications, together with all related documents, the “Plans”). The estimated construction cost for the Works of Improvement is $4,064,200.00.

1.2. Other Obligations Referenced in Conditions of Vesting Tentative Map Approval. In addition to the foregoing, Subdivider shall satisfy all of the Conditions on the Map for the Property. The Conditions associated with the Map are included in Exhibit “B”attached hereto.

1.3. Intent of Plans. The intent of the Plans referenced in Section 1.1 is to prescribe a complete work of improvement which Subdivider shall perform or cause to be performed in a manner acceptable to the City Engineer, (or designee), and in full compliance with all codes and the terms of this Agreement. Subdivider shall complete a functional or operable improvement or facility, even though the Plans may not specifically call out all items of work required for Subdivider’s contractor to complete its tasks, inc idental appurtenances, materials, and the like.

If any omissions are made or information necessary to carry out the full intent and meaning of the Plans, Subdivider or its contractor shall immediately notify its design engineer who will seek approval of the City Engineer for furnishing of detailed instructions. In the event of any doubt or question arising regarding the true meaning of any of the Plans, reference shall be made to the City Engineer whose decision thereon shall be final.

Subdivider recognizes that the Plan s consist of general drawings. All authorized alterations affecting the requirements and information given on the Plans shall be in writing and approved by the City Engineer. The Plans shall be supplemented by such working or shop drawings as are necessary to adequately control the wor k. Without the City Engineer ’s prior written approval, no change shall be made by Subdivider or its contractor to any plan, specification, or working or shop drawing after it has been stamped as approved.

1.4. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments as shown on the Map in accordance with the provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City of Chino. Subdivider shall provide security for such obligation as provided in Section 4.1(a)(iii) and, after setting the monuments, Subdivider shall furnish the City Engineer written notice of the setting of said monuments and written proof of having paid the engin eer or surv eyor for the setting of said monuments.

1.5. Performance of Work . Subdivider shall furnish or cause to be furnished all materials, labor, tools, equipment, utilities, transportation, and incidentals required to perform Subdivider’s obligations under this Agreement.

1.6. Changes in the Work. The City Engineer, without invalidating this Agreement and without notification to any of the sureties or financial institutions referenced in Paragraph 4, may use its reasonable discretion to order extra work or may make changes by altering or deleting any portion of the Works of Improvement as specified herein or as deemed reasonably necessary or desirable by the City Engineer as determinedreasonably necessary to accomplish the purposes of this Agreement and to protect the public health, safety, or welfare. The City Engineer shall notify Subdivider or its contractor in writing (by Correction Notice) at the time a determination has been made to require changes in the work. No field changes performed or proposed by Subdivider or its contractor shall be binding on City unless approved in writing by 83 3
the City Engineer. The City and Subdivider shall mutually agree upon changes to the Works of Improvement, subject to the security requirements in Section 4.

1.7. Defective Work. Subdivider shall cause its contractor to repair, reconstruct, replace, or otherwise make acceptable any work found by the City Engineer to be defective prior to City Acceptance, and after Final Acceptance as required by Section 7 below.

1.8. No Warranty by City. The Plans for the Works of Improvement have been prepared by or on behalf of Subdivider or its consultants or contractors, and City makes no representation or warranty, express or implied, to Subdivider or to any other person regarding the adequacy of the Plans or related documents.

1.9. Authority of the City Engineer . In addition to the authority granted to the City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to reasonably decide all questions which may arise as to the quality and acceptability of materials furnished and work performed, and all questions as to the satisfactory and acceptable fulfillment of the terms of this Agreement by Subdivider and its contractor.

1.10. Documents Available at the Site . Subdivider shall cause its contractor to keep a copy of all approved Plans at the job site and shall give access thereto to the City ’s inspectors and engineers at all times.

1.11. Inspection. Subdivider shall have an authorized representative on the job site at all times during which work is being done who has full authority to act for Subdivider, or its design engineer, and Subdivider’s contractor(s) regarding the Works of Improvement. Subdivider shall cause its contractor to furnish the City with every reasonable facility for ascertaining whether or not the Works of Improvement as performed are in accordance with the requirements andintent of this Agreement, including the Plans. If the City inspector requests it, the Subdivider ’s contractor, at any time before acceptance of the Works of Improvement, shall remove or uncover such portions of the finished work as may be directed which have not previously been inspected.

After examination, the Subdivider ’s contractor shall restore said portions of the work to the standards required hereunder. Inspection or supervision by the City Engineer (or designee) shall not be considered as direct control of the individual workmen on the job s ite. City ’s inspectors shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement.

The inspection of the work by City shall not relieve Subdivider or its contractor of any obligations to fulfill this Agreement as herein provided, and unsuitable materials or work may be rejected notwithstanding that such materials or work may have been pr eviously overlooked or accepted.

1.12. Compliance with Law; Applicable Standards for Improvements. In addition to the express provisions of this Agreement and the Plans, Subdivider shall cause construction of the Works of Improvement to be completed in accordance with all other applicable federal, state, and local laws, ordinances, rules and regulations. In addition, without limiting the foregoing, the Subdivider shall, at its expense, obtain and comply with the conditions of all necessary permits 84 4
and licenses for the construction of the Works of Improvement. The Subdivider shall also give all necessary notices and pay all fees and taxes as required by law.

Subdivider shall construct the improvements in accordance with the City standards in effect on June 17, 2022 when the time the Vesting Tentative Parcel Map submittal was deemed complete. City reserves the right to protect the public safety or welfare or comply with applicable Federal or State law or City zoning ordinances.

1.13. Suspension of Work. The City Engineer shall have authority to order suspension of the work for failure of the Subdivider’s contractor to comply with law pursuant to Section 1.12.

In case of suspension of work for any cause whatsoever, Subdivider and its contractor shall be responsible for all materials and shall store them properly ifnecessary and shall provide suitable interim drainage and/or dust control measures, and erect temporary structures where necessary.

1.14. Erosion and Dust Control and Environmental Mitigation . All grading, landscaping, and construction activities shall be performed in a manner to control erosion and prevent flooding problems. The City Engineer shall have the authority to require erosion plans to prescribe reasonable controls on the method, manner, and time of grading, landscaping, and construction activities to prevent nuisances to surrounding properties. Plans shall include without limitation temporary drainage and erosion control require ments, dust control procedures, restrictions on truck and other construction traffic routes, noise abatement procedures, storage of materials and equipment, removal of garbage, trash, and refuse, securing the job site to prevent injury, and similar matters.

1.15. Final Acceptance of Works of Improvement . After Subdivider ’s contractor has completed all of the Works of Improvement, Subdivider shall then request a final inspection of the work. If items are found by the City’s inspectors to be incomplete or not in compliance with this Agreement or any of the requirements contained or referenced herein, City will inform the Subdivider or its contractor of such items. After the Subdivider’s contractor has completed these items, the procedure shall then be the same as specified above for the Subdivider’s contractor’s initial request for final inspection. If items are found by City’s inspectors to be incomplete or not in compliance after two (2) “final” inspections, the City may require the Subdivider or its contractor, as a condition to performing further field inspections, to submit in writing a detailed statement of the work performed subsequent to the date of the previous inspection which was found to be incomplete or not in compliance at that time. Subdivider shall be responsible for payment to City Engineer of re-inspection fees in the amount necessary to cover the City’s costs for additional final inspections, as determined by the City Engineer.

No inspection or acceptance pertaining to specific parts of the Works of Improvement shall be construed as final acceptance of any part until the overall final acceptance by the City Engineer is made. The City Engineer shallrecommend acceptance of the Works of Improvement by the City Council. Final acceptance shall occur on the date the City Council accepts the Works of Improvement (“Final Acceptance”) and shall not constitute a waiver by the City Engineer of defective work subsequently discovered. The City Engineer and the City shall not unreasonably withhold, condition or delay their acceptance of the Works of Improvement. 85 5
The date on which the Works of Improvement will be considered as complete shall be the date of the Final Acceptance.

1.16. Vesting of Ownership. Upon Final Acceptance by City, ownership of the Works of Improvement located within the City streets and easements shown on the Map described in Recital B shall vest in the City. Owner consents to this provision.

1.17. Subdivider’s Obligation to Warn Public During Construction.Until Final Acceptance, Subdivider shall give good and adequate warning to the public of any dangerous condition of the Works of Improvement and shall take reasonable actions to protect the public from such dangerous condition. Until Final Acceptance, Subdivider shall provide forty-eight ( 48) hours’ advance written notice to all neighboring property owners and tenants affected by Subdivider ’s operations or construction of the hours, dates and duration of any planned construction activities.

1.18. Injury to Public Improvements, Public Property or Public Utility. Until Final Acceptance of the Works of Improvement, Subdivider assumes responsibility for the care and maintenance of, and any damage to, the Works of Improvement. Subdivider shall replace or repair all Works of Improvement which are destroyed or damaged for any reason, regardless whether resulting from the acts of the Subdivider, prior to theFinal Acceptance. Subdivider shall bear the entire cost of such replacement or repairs regardless ofwhat entity owns the underlying property. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer.

Notwithstanding the foregoing, neither the City, nor any officer or employee thereof, shall be liable or responsible for any accident, loss or damage, regardless of cause but except for their sole negligence or intentional wrongful act, occurring to the Works of Improvement prior to Final Acceptance of the Works of Improvement.

2. Time for Performance.

2.1. Commencement and Completion Dates . Subject to Sections 2.2 and 2.3 below, Subdivider shall (i) commence with construction and installation of the Works of Improvement within one (1) year following City ’s approval of the Plans ( “Commencement Date ”); and (ii) complete or cause to be completed all of the Works of Improvement within two (2) years after the Commencement Date. In the event good cause exists as determined by the City Engineer, the time for commencement of construction or completion of the Works of Improvement hereunder may be extended by up to three (3) additional one-year periods. Extensions shall be executed in writing by the City Engineer. The City Engineer in his or her sole reasonable discretion determines whether or not the Subdivider has established good cause for an extension. As a condition of such extension, the City Engineer may require Subdivider to furnish new security guaranteeing performance of this Agreement, as extended, inan increased amount to compensate for any increase in construction costs as determined by the City Engineer. If Subdivider requests and is granted an extension of time for completion of the improvements, City may apply the standards in effect at the time of the extension.

2.2. Phasing Requirements . Notwithstanding the provisions of Section 2.1, the City reserves the right to control and regulate the phasing of completion of specific Works of 86 6
Improvement as required to comply with applicable City ordinances, regulations, and rules relating to the timely provision of public services and facilities. If City’s control and regulation of the phasing of specific Works of Improvement hinders Subdivider’s ability to timely complete the Works of Improvement and Subdivider is able to document such impact to the City in writing, subject to the City Engineer’s reasonable written approval, the deadlines specified in Section 2.1 shall be extended for time period(s) coterminous with the period of delay caused by City’s control and regulation of the phasing. In addition to whatever other remedies the City may have for Subdivider’s failure to satisfy such phasing requirements, as the same now exist or may be amended from time to time, Subdivider acknowledges City ’s right to withhold the issuance of further Certificate(s) of Occupancyon the Property until such phasing requirements are satisfied.

Final inspections or issuance of Certificates of Occupancy may be withheld from the Subdivider by the City, if, upon a reasonable determination by the City Engineer, completion of specific Works of Improvement or other requirements associated with the development of the Property have not been completed to the City Engineer’s satisfaction.

2.3. Force Majeure . Notwithstanding anything in this Agreement to the contrary , Subdivider’s time for performance of its obligations shall be extended for the period of any delay caused due to circumstances beyond the control and without the fault of Subdivider, including to the extent applicable adverse weather conditions, flood, earthquakes, fires, natural disasters, acts of God, acts of the public enemy,strikes, lockouts, riots, epidemics, pandemics, quarantine restrictions, freight embargos, acts or failures to act of a public agency (including City), changes to the scope or phasing of work required by City, and similar causes; provided, however, that the period of any delay hereunder shall not include any period longer than ten (10) days prior to City’s receipt of a written notice from Subdivider or its contractor detailing the grounds for Subdivider’s claim to a right to extend its time for performance hereunder. The City Engineer shall evaluate all claims to Force Majeure and make a reasonable determination regardi ng the length of any extension of time for Subdivider’s performance.

2.4. Continuous Work . After commencement of construction of the Works of Improvement (or separate portion thereof), Subdivider shall cause such work to be diligently pursued to completion and shall not abandon the work for a consecutive period or more than thirty (30) days, events of Force Majeure excepted.

2.5. Reversion to Acreage. In addition to whatever other rights City may have due to Subdivider’s failure to timely perform its obligations hereunder, Subdivider recognizes that City reserves the right to revert the Property to acreage subject to the limitations and requirements set forth in California Government Code Section 66499.11 through Section 66499.20.1.

3. Labor.

3.1. Labor Standards. This Agreement is subject to, and Subdivider agrees to comply with, all of the applicable provisions of the Labor Code including, but not limited to, the wage and hour, prevailing wage, worker compensation, and various other labor requirements in Divis ion 2, Part 7, Chapter 1, including section 1720 to 1740, 1770 to 1780, 1810 to 1815, 1860 to 1861, which provisions are specifically incorporated herein by reference as set forth herein in their entirety. Subdivider shall expressly require compliance with the provisions of this Section in all 87 7
agreements with contractors and subcontractors for the performance of the Works of Improvement.

3.2. Nondiscrimination. In accordance with the California Fair Employment and Housing Act ( “FEHA”), California Government Code Section 12940 et seq. , Subdivider agrees that Subdivider, its agents, employees, contractors, and subcontractor performing any of the Works of Improvement shall not discriminate, in any way, against any person on the basis of race, ethnicity, religious creed, color, national o rigin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Subdivider shall expressly require compliance with the provisions of this Section in all agreements with contractors and subcontractors for the performance of this Agreement.

3.3. Licensed Contractors. Subdivider shall cause all of the Works of Improvement to be constructed by contractors and subcontractors with valid California Contractors ’licenses for the type of work being performed.All of Subdivider’s contractors and subcontractors shall obtain a valid City of Chino business license prior to performing any work pursuant to this Agreement.

Subdivider shall provide the City Engineer with a list of all of its contractors and subcontractors prior to initiating any work, and all va lid Contractor ’s licenses and business licenses issued thereto as a condition of constructing the Works of Improvement.

3.4. Worker’s Compensation . Subdivider shall cause every contractor and subcontractor performing any of the Works of Improvement to carry Workers ’Compensation Insurance as required by the Labor Code of the State of California and shall cause each such contractor and subcontractor to submit to City a Certificate of Insurance verifying such coverage prior to such contractor or subcontractor entering onto the job site.

4. Security.

4.1. Required Security.
(a) At the time Subdivider executes this Agreement, Subdivider shall furnish to City the following bonds, letters of credit, instruments of credit (assignment of deposit account) or other security solely based upon the provisions of Section 4.2 and satisfying the requirements of the applicable provisions of this Section 4 below (hereinafter “Security Instruments”):
(i) A Security Instrument securing Subdivider ’s faithful performance of all of the Works of Improvement ( “Faithful Performance Security Instrument”), in the amount of$4,064,200.00, which is equal to 100% of the estimated construction cost referenced in Section 1.1. (ii) A Security Instrument guaranteeing the payment to contractors, subcontractors, and other persons furnishing labor, materials, and/or equipment (“Labor and Materials Security Instrument ”) with respect to the Works of Improvement in an amount of $2,032,100.00, which 88 8
is equal to 50% of the estimated construction cost referenced in Section 1.1.
(iii) A Security Instrument guaranteeing the payment of the cost of setting monuments as required in Section 1.4 in the amount of $5,211.00 equal to 100% of the cost thereof.

This Agreement shall not be effective for any purpose until such Security Instruments are supplied to and approved by City in accordance herewith. (b) Required Security Instrument for Maintenance and Warranty . Prior to the City Council ’s acceptance of the Works of Improvement and recordation of a Notice of Completion, Subdivider shall deliver a Security Instrument warranting the work accepted for a period of one (1) year following said acceptance (“Maintenance and Warranty Security Instrument ”), in the amount of $406,400.00 equal to 10% of the estimated construction cost set forth in Section 1.1 or a suitable amount determined by the City Engineer.

4.2. Form of Security Instruments . All Security Instruments shall be in the amounts required under Section 4.1 (a) or 4.1(b), as applicable, shall meet the following minimum requirements and otherwise shall be in a form provided by City or otherwise approved by the City Attorney:
(a) Bonds. For Security Instruments provided in the form of bonds, any such bond must be issued and executed by an insurance company or bank authorized to transact surety business in the State of California. Any insurance company acting as surety shall have a minimumrating of A-IX, as rated by the current edition of Best ’s Key Rating Guide published by A.M. Best ’s Company, Oldwick, New Jersey, 08858. Any bank acting as surety shall have a minimum rating of AA, as rated by Moody’s or Standard & Poor’s.
(b) Letters of Credit . For Security Instruments which are letters of credit, any letter of credit shall be an original separate unconditional, irrevocable, negotiable and transferable commercial letter of credit issued by a financial institution with offices in the State of California acceptable to City. Any such letter of credit shall specifically permit City to draw on same by unilateral certification of the City Engineer of the City that Subdivider is in default under its payment or performance obligations hereunder or in theevent Subdivider fails to deliver a replacement letter of credit not less than thirty (30) days prior to the date of expiration of any such letter of credit and shall further be subject to the provisions of Section 4.4. (c) Instrument of Credit . For Security Instruments which are Instruments of Credit, any Instrument of Credit shall be an assignment of deposit account assigning as security to City all of Subdivider’s interest in funds on deposit in one or more bank accounts with financial institutions acceptable to City. (d) General Requirements for all Security Instruments.
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(i) Payments under any Security Instruments shall be required to be made (and, with respect to bonds, litigation shall be required to be instituted and maintained) in the City of Chino, State of California (and the Security Instrument shall so provide).
(ii) Each Security Instrument shall have a minimum term of one (1) year after the deadline for Subdivider ’s completing the Works of Improvement, in accordance with Section 2.1 (other than Instruments of Credit, which shall have no defined term or expiration date).
(iii) Each Security Instrument shall provide that changes may be made in the Works of Improvement pursuant to the terms of this Agreement without notice to any issuer or surety and without affecting the obligations under such Security Instrument.
(iv) If the Subdivider seeks to replace any security with another security, the replacement shall: (1) comply with all the requirements for security in this Agreement; (2) be provided by the Subdivider to the City Engineer; and (3) upon its written acceptance b y the City Engineer, which shall not be unreasonably withheld, conditioned or delayed, be deemed a part of this Agreement. Upon the City Engineer’s acceptance of a replacement security, the former security shall be released by the City.

4.3. Subdivider’s Liability. While no action of Subdivider shall be required in order for City to realize on its security under any Security Instrument, Subdivider agrees to cooperate with City to facilitate City’s realization under any Security Instrument, and to take no action to prevent City from such realization of any Security Instrument. Notwithstanding the giving of any Security Instrument or the subsequent expiration of any Security Instrument or any failur e by any surety or financial institution to perf orm its obligations with respect thereto, Subdivider shall be personally liable for performance under this Agreement and for payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby and shall in the event of such expiration or failure, within ten (10) days after written demand therefor, deliver to City such substitute security as City shall reasonably require satisfying the requirements in this Section 4.

4.4. Letters of Credit.
(a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be entitled to draw on any such letter of credit if a replacement letter of credit (expiring in not less than one (1) year, unless City agrees to a lesser term in City’s sole and absolute discretion) is not delivered not less than thirty (30) days prior to the expiration of the original letter of credit, such substitute letter of credit being in the same amount and having the terms and conditions as the initial letter of credit delivered hereunder, issued by a financial institutionreasonably acceptable to City as of the date of delivery of the replacement letter of credit. Notwithstanding 90 10
anything herein to the contrary, prior to City’s draw on any such letter of credit, City shall provide Subdivider with ten (10) days ’written notice of its intent to draw on the letter of credit.
(b) In the event of draw by the City on a letter of credit, the City may elect, in its sole and absolute discretion, to apply any such funds drawn to the obligations secured by such letter of credit or to hold such funds in an account under the control of the City, with no interest accruing thereon for the benefit of the Subdivider. If the City elects to hold the funds in an account pursuant to the foregoing, City may thereafter at any time elect instead to apply such funds as provided in the foregoing. Subdi vider agrees and hereby grants City a security interest in such account to the extent required for City to realize its intereststherein and agrees to execute and deliver to City any other documents requested by City in order to evidence the creation and perfection of City ’s security interest in such account.

4.5. Release of Security Instruments . The City shall release all Security Instruments consistent with Government Code Sections 66499.7 and 66499.8 , Section 19.09.010 of the Chino Municipal Code, and as follows:
(a) City shall release the Faithful Performance Security Instrument and Labor and Materials Security Instrument when all of the following have occurred:
(i) Subdivider has made written request for release and provided evidence of satisfaction of all other requirements in this Section 4.5; (ii) the Works of Improvement have been accepted;
(iii) Subdivider has delivered the Maintenance and Warranty Security Instrument; and
(iv) after passage of the time within which lien claims are required to be made pursuant to Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code of the State of California. If lien claims have been timely filed, City shall hold the L abor and Materials Security Instrument until the earlier of: such claims have been resolved, Subdivider has provided a statutory bond, or otherwise as required by applicable law.
(b) City shall release the Maintenance and Warranty Security Instrument upon Subdivider’s written request upon the expiration of the warranty period, and settlement of any claims filed during the warranty period. (c) The City may retain from any security released, an amount sufficient to cover reasonable costs, expenses and fees, including reasonable attorney’s fees.

5. Cost of Construction and Provision of Inspection Service. 91 11

5.1. Subdivider Responsible for All Costs of Construction . Subdivider shall be responsible for payment of all costs incurred for construction and installation of the Works of Improvement. In the event Subdivider is entitled to reimbursement from City for any of the Works of Improvement, such reimbursement shall be subject to a separate Reimbursement Agreement to be entered into between Subdivider and City prior to construction of the Works of Improvement.

5.2. Payment to City for Cost of Related Inspection and Engineering Services .

Subdivider shall compensate City for all of City’s costs reasonably incurred, in accordance with state law, in having its authorized representative make the usual and customary inspections of the Works of Improvement. In addition, Subdivider shall compensate City for all of its costs reasonably incurred for design, plan check, and evaluating any proposed or agreed -upon changes in the Works of Improvement. The procedures for deposit and payment of such fees shall be as reasonably established by the City. In no event shall Subdivider be entitled to additional inspections or a final inspection and acceptance of any of the Works of Improvement until all City fees and charges have been fully paid, including without limitation, charges for applicable penalties and additional required inspections.

5.3. Payment of Development Impact Fees . Subdivider shall pay Development Impact Fees in effect as of June 17, 2022 when the Map submittal was deemed complete.

6. Acceptance of Offers of Dedication. The City Council shall pass as appropriate resolution or resolutions accepting all offers of dedication shown on the Map for the Property, with acceptance to become effective upon completion and acceptance by City of the Works of Improvement. Such resolution(s) shall authorize the City Clerk to execute the Certificate made a part of the Map regarding said acceptance of the offer of dedication. City shall use good faith efforts to promptly accept all offers of dedication.

7. Warranty of Work. Subdivider shall guarantee all Works of Improvement against defective materials and workmanship for a period of one (1) year from the date of final acceptance. If within said one (1) year period, due to any reason other than improper maintenance, any of the Works of Improvement should fail or prove defective or if any settlement of fill or backfill occurs, or should any portion of the Works of Improvement fail to fulfill any requirements of the Plans, Subdivider, within thirty (30) days after written notice of such defects, subject to force majeure, or within such shorter time as may reasonably be determined by the City in the event of emergency, shall commence to repair or replace the same together with any other work which may be damaged or displaced in so doing and diligently prosecuted to completion . Should Subdivider fail to commence to remedy defective material and/or workmanship or make replacements or repairs within the period of time set forth above, City shall provide notice to Subdivider that it will commence such repairs and replacements , may thereafter make such repairs and replacements, and the reasonable actual cost of the required labor and materials shall be chargeable to and payable by Subdivider. The warranty provided herein shall not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by law.

8. Default.

8.1. Default by Subdivider. Default by Subdivider shall include, but not be limited to:
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(a) Subdivider’s failure to timely commence construction of Works of Improvement under this Agreement;
(b) Subdivider’s failure to timely complete construction of the Works of Improvement;
(c) Subdivider’s failure to perform substantial construction work for a period for thirty (30) consecutive calendar days after commencement of the work; (d) Subdivider’s insolvency, appointment of a receiver, or the filing of any petition in bankruptcy, either voluntary or involuntary, which Subdivider fails to discharge within 120 days;
(e) The commencement of a foreclosure action against the subdivision or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or (f) Subdivider’s failure to perform any other obligation under this Agreement , after the giving of notice and expiration of applicable cure period.

8.2. Remedies. The City reserves all remedies available to it at law or in equity for a default or breach of Subdivider’s obligations under this Agreement. The City shall have the right, subject to this Section, to draw upon or use the appropriate security to mitigate the City ’s damages in the event of default by Subdivider. The City’s right to draw upon or use the security is in addition to any other remedy available to City. The parties acknowledge that the estimated costs and security amounts may not reflect the actual cost of construction of the improvements and, therefore, City’s damages for Subdivider’s default shall be measured by the actual cost of completing the required improvements. The City may use the sums provided by the securities , pursuant to the terms of this Agreement, for the completion of the Works of Improvement in accordance with the plans. In the event the Subdivider fails to cure any failure to perform its obligations under this Agreement, and the same results in a default in accordance wit h the last sentence of this Section 8.2,Subdivider authorizes the City to(i) perform the obligation for which Subdivider is in default and agrees to pay the entirereasonable cost of such performance by the City, and (ii) take over the work and complete the Works of Improvement, by contract or by any other method City deems appropriate, at the expense of the Subdivider. In such event, City, without liability for doing so, may complete the Works of Improvement using any of Subdivider’s materials, appliances, plans and other property that are at the work site and that are necessary to complete the Works of Improvement. Notwithstanding any provision of this Agreement to the contrary, Subdivider shall not be in default under this Agreement unless and until City provides written notice of any failure of Subdivider to perform its obligations hereunder to Subdivider and to Subdivider’s surety, and such failure shall continue for thirty (30) days after Subdivider and Subdivider’s surety receive City’s written notice, provided that, if more than thirty (30) days are reasonably required to cure the such failure to perform, then such thirty (30) day period shall be extended for such longer period of time as Subdivider reasonably requires to cure the failure to perform so long as Subdivider commences cure within such thirty (30) day period and thereafter diligently pursues such cure to completion.
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8.3. Remedies Not Exclusive . In any case where this Agreement provides a specific remedy to City for a default by Subdivider hereunder, the Subdivider agrees that the choice of remedy or remedies for Subdivider’s breach shall be in the discretion of the City. Additionally, any remedy specifically provided in this Agreement shall be in addition to, and not exclusive of, City’s right to pursue any other administrative, legal, or equitable remedy to which it may by entitled.

8.4. Attorney’s Fees and Costs . In the event that Subdivider fails to perform any obligation under this Agreement after giving of notice and expiration of applicable cure periods, Subdivider agrees to pay all reasonable costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorney’s fees. In the event of any dispute arising out of Subdivider’sor City’sperformance of its obligations under this Agreement or under any of the Security Instruments r eferenced herein, the prevailing party in such action, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorney’s fees and costs. Such attorney’s fees and cost shall include fees and costs on any appeal, and in addition a party entitled to attorney’s fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs withrespect to the litigation.

All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment.

8.5. Waiver. No waiver by the City of any breach or default by the Subdivider shall be considered valid unless in writing, and no such waiver by the City shall be deemed a waiver of any subsequent breach or default by the Subdivider.

9. Indemnity/Hold Harmless. City or any officer, employee or agent thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of Subdivider, its agents, employees, contractors and subcontractors in each case due to Subdivider’s failure to properly perform Subdivider’s obligations underthis Agreement. Subdivider further agrees to protect, defend, indemnify and hold harmless City, its officials, boards and commissions, and members thereof, agents, and employe es from any and all third party claims, demands and causes of action, as well as any and all liability or loss of any sort resulting from such claims, demands and causes of action, because of, or arising out of, acts or omissions ) of Subdivider, its agents, employees, contractors and subcontractors resulting in the failure of Subdivider to properly perform its obligations under this Agreement, except to the extent such claims, demands, causes of action, liability or loss are attributable to the sole negligence or intentional wrongful act of the City, its officials, boards, commissions, the members thereof, agents and employees, including all third party claims, demands, causes of action, as well as all liability or loss resulting from such third party claims, demands, and causes of action,because of or arising out of, in whole or in part, the design or construction of the Works of Improvement by or for the benefit of Subdivider . This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said Works of Improvement as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design and construction of public drainage systems, streets and other improvementsin each case constituting Works of Improvement. Final Acceptance of the Works of Improvement shall not constitute an assumption by the City of any responsibility for any damage or taking covered by this Section. City shall not be responsible for 94 14
the design or construction of the property to be dedicated or the improvements pursuant to the approved improvement Plans or Map, except to the extent of any negligent action or inaction taken or intentional wrongful act by the City in approving the Plans or Map.

After Final Acceptance, the Subdivider shall remain obligated to eliminate any latent defect in design or dangerous condition caused by the design or construction defect of any Works of Improvement for a period of one (1) year following such recordation. Notwithstanding any provision of this Section 9 to the contrary, Subdivider shall (i) not be responsible for routine maintenance and (ii) have no obligation to indemnify, defend or hold harmless any indemnified party from any claims, demands, causes of act ion, liability or loss if the same arises due to the sole negligence or intentional wrongful act of the City or any other indemnified party. Clause (ii) in the preceding sentence in no way changes the exculpation of the City for liability pursuant to the last sentence of the preceding paragraph. The Security Instruments shall not be required to cover the provisions of this Paragraph.

Subdivider shall reimburse the City for all reasonable costs and expenses, including but not limited to fees and charges of architects, engineers, attorneys, and other professionals, and court costs, incurred by City in enforcing this Section. Subdivider’s indemnity obligations specified in this Section shall automatically terminate one (1) year after Final Acceptance.

10. Subdivider’s Indemnity of Project Approval. Subdivider shall defend, indemnify, and hold harmless the City and its agents, officers, and employees from any third party claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning the Subdivision. The City shall promptly notifythe Subdivider of any claim, action, or proceeding and cooperate fully in the defense of any such claim, action, or proceeding. In the event City fails to promptly notify the Subdivider of any claim, action, or proceeding, or if the City fails to cooperate in the defense, the Subdivider shall not thereafter be responsible to defend, indemnify, or hold harmless the City or any other indemnified party. Nothing in this Section prohibits the City from participating in the defense of any claim, action, or proceeding if City bears its own attorney ’s fees and costs and defends the action in good faith. Subdivi der shall not be required to pay or perform any settlement unless the settlement is approved by the Subdivider.

11. Insurance Requirements. Subdivider, at Subdivider’s sole cost and expense and for the full term of this Agreement and any extensions thereto, shall obtain and maintain all of the following minimum insurance requirements in a form reasonably approved by the City ’s authorized designee for Risk Management prior to commencing any work:
(a) Commercial General Liability policy with a minimum $1 million limit for bodily injury and property damage providing all of the following minimum coverage without deductibles:
(i) Premises operations; including X, C, and U coverage; (ii) Owners’and contractors’protective;
(iii) Blanket contractual liability;
95 15
(iv) Completed operations; and
(v) Products liability.
(b) Commercial Business Auto policy with a minimum $1 million combined single limit for bodily injury and property damage, providing all the following minimum coverage without deductibles:
(i) Coverage shall apply to all leased, owned, hired, or non -owned vehicles used in pursuit of any of the activities associated with this Agreement; and
(ii) All mobile equipment including cranes which are not covered under the above Commercial Business Auto policy shall have said coverage provided under the Commercial General Liability policy. (c) Workers Compensation and Employers ’Liability policy in accordance with the laws of the State of California and providing coverage for all employees of the Subdivider:
(i) This policy shall provide coverage for Workers’Compensation (Coverage A); and (i) This policy shall provide coverage for $1,000,000 Employers ’Liability (Coverage B).
(ii) Pursuant to Labor Code section 1861, Subdivider by executing this Agreement certifies: “I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers’ Compensation or to undertake self -insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract.”
(iii) Prior to commencement of work, the Subdivider shall file with the City’s Risk Manager a Certificate of Insurance or certification of permission to self-insure workers’compensation conforming to the requirements of the Labor Code.
(d) Endorsements. All the following endorsements are required to be made a part of each of the above-required policies as stipulated below:
(i) “The City of Chino, its officers, employees and agents are hereby added as additional insureds.”
(ii) “This policy shall be considered primary insurance with respect to any other valid and collectible insurance the City may possess, including any self- insured retention the City may have and any other 96 16
insurance the City does possess shall be considered excess insurance only.”
(iii) “This insurance shall act for each insured and additional insured as though a separate policy has been written for each. This, however, will not act to increase the limit of the insuring company.” (iv) “Thirty (30) days prior written notice of cancellation shall be given to the City of Chino in the event of cancellation and/or reduction in coverage, except that ten (10) days prior written notice shall apply in the event of cancellation for non -payment of premium.”Such notice shall be sent to the Risk Manager at the address indicated in Subsection f below.
(v) Subsection d(iv) hereinabove “Cancellation Notice ” is the only endorsement required of the Workers’Compensation and Employers’ Liability policy.
(e) Admitted Insurers. All insurance companies providing insurance to the Subdivider under this Agreement shall be admitted to transact the business of insurance by the California Insurance Commissioner.
(f) Proof of Coverage. Copies of all required endorsements shall be attached to the Certificate of Insurance which shall be provided by the Subdivider’s insurance company as evidence of the coverage required herein and shall be mailed to:

City of Chino
Risk Management
13220 Central Avenue
Chino, CA 91710

12. Environmental Warranty.

12.1. Prior to the acceptance of any dedications or Works of Improvement by City, Subdivider and Owner, as applicable, shall provide City with a written warranty in a form substantially similar to Exhibit “C”attached hereto and incorporated herein by reference.

12.2. Subdivider and Owner, as applicable, shall, promptly after acquiring actual knowledge of the same, give written notice to City of:
(a) Any proceeding or investigation by any federal, state or local governmental authority with respect to the presence of any hazardous substance on the property to be dedicated or the migration thereof from or to any other property adjacent to, or in the vicinity of, the property to be dedicated.
(b) Any claims made or threatened by any third party against City or the property to be dedicated relating to any loss or injury resulting from any hazardous substance; and
97 17
(c) Subdivider’s or Owner’s discovery, as applicable, of any occurrence or condition on any property adjoining or in the vicinity of the property to be dedicated that could cause the property to be dedicated or any part thereof to be subject to any restrictions on its ownership, occupancy, use for the purpos e for which it is intended, transferability or suit under any environmental law.

13. General Provisions.

13.1. Successors and Assigns. This Agreement shall be binding upon all successors and assigns to Subdivider’s right, title, and interest in and to the Property and any portion thereof.

Owner hereby consents to City recording this Agreement as official records of San Bernardino County, affecting fee title interest to the Property to provide constructive notice of the rights and obligations incurred by Subdivider in the City ’s approval of this Agreement. In the event the Property is subsequently assigned by Subdivider to a third party prior to completion of the Works of Improvement, whereby the third party is intended to assume Subdivider’s responsibilities with regard to this Agreement, (the “Replacement Subdivider ”), the rights and obligations of this Agreement shall transfer to the Replacement Subdivider; however, the Security Instruments required pursuant to Section 4 of this Agreement, and furnished by Subdivider as a condition of the City’s approval of this Agreement, shall remain Subdivider ’s responsibility to maintain until such time as Subdivider and its Replacement Subdivider enter into a Transfer and Ass ignment of Subdivision Agreement, (the “Transfer Agreement ”), to acknowledge the transfer of the interest to the Property from the Subdivider to its Replacement Subdivider, and to acknowledge the rights and obligations associated with this Agreement upon the Replacement Subdivider, including Replacement Subdivider ’s responsibility to furnish replacement Security Instruments meeting the City ’s approval pursuant to Section 4 of this Agreement. Until such time as a Transfer Agreement, meeting the City ’s appro val, is executed by Subdivider and its Replacement Subdivider, and replacement Security Instruments meeting City ’s approval are furnished by the Replacement Subdivider, Subdivider retains sole responsibility for maintaining all Security Instruments required pursuant to Section 4 of this Agreement. Notwithstanding anything to the contrary in this Agreement, Subdivider’s indemnity and other obligations specified in this Agreement shall automatically terminate one (1) year after the Final Acceptance, with no litigation filed by any third party before the expiration of this one -year period, and if any such litigation is so filed, then the applicable provisions shall continue in force only with respect to such filed litigation until finally resolved.

13.2. No Third-Party Beneficiaries. This Agreement is intended to benefit only the parties hereto and their respective successors and assigns. Neither City nor Subdivider intend to create any third-party beneficiary rights in this Agreement in any contractor, subcontractor, member of the general public, or other person or entity.

13.3. No Vesting Rights. Performance by the Subdivider of this Agreement shall not be construed to vest Subdivider’s rights with respect to any change in any zoning or building law or ordinance. Notwithstanding the foregoing, Subdivider has vested rights created in connection with the City’s approval of Vesting Tentative Parcel Map No.20071. 98 18

13.4. Subdivider is Not Agent of City. Neither Subdivider nor Subdivider ’s agents, contractors, or subcontractors are agents or contractors of the City in connection with the performance of Subdivider’s obligations under this Agreement.

13.5. Time of the Essence. Time is of the essence ofCity’s andSubdivider’s performance of all of its respective obligations under this Agreement.

13.6. Notices. Unless otherwise specified in this Agreement, all notices required or provided for under this Agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date is delivered in person, or, if mailed, on the date of deposit in the United States Mail. Notice shall be provided to the persons listed on Pages 1 and 2 of this Agreement by the parties for this purpose.

Either party may provide a new designated representative and/or address by written notice as provided in this Section.

13.7. No Apportionment. Nothing contained in this Agreement shall preclude City from expending monies pursuant to agreements concurrently or previously executed between the parties, or from entering into agreements with other subdividers for the apportionment of costs of water a nd sewer mains, or other improvements pursuant to the provisions of the City ordinances providing, therefore. Nor shall anything in the Agreement commit City to any such apportionment.

13.8. Severability. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified by mutual written consent of the parties.

13.9. Captions. The captions of this Agreement are for convenience and reference only and shall not be used in the interpretation of any provision of this Agreement.

13.10. Incorporation of Recitals. The recitals to this Agreement are hereby incorporated into the terms of this Agreement.

13.11. Interpretation. This Agreement shall be interpreted in accordance with the laws of the State of California.

13.12. Entire Agreement; Waivers and Amendments. This Agreement integrates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the parties with respect to all or part of the subject matter hereof, except as may be express ly provided herein. All waivers of the provisions of this Agreement must be in writing and signed by an authorized representative of the party to be charged, and all amendments hereto must be in writing and signed by the appropriate representatives of both parties.

13.13. Counterparts. This Agreement may be executed in one or more counterparts, all of which taken together shall be deemed one original.
99 19

14. Authority. The persons executing this Agreement on behalf of the parties warrant the ( i) party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into of this Agreement does not violate any provisions of any other agreement to which said party is bound. [SIGNATURES ON NEXT PAGE]
100
20 IN WITNESSWHEREOF, the City, Ownerand the Subdivider have caused this Agreement to be executed the day and year first above written.

APPROVED AS TO FORM: APPROVED AS TO CONTENT:___
________________________ _____________________________
Fred Galante Hye Jin Lee, P.E.

City Attorney Director of Public Works
Dated: ____________ Dated: ____________

MAJESTIC CHINO HERITAGE, LLC,
a Delaware limited liability company
By: MAJESTIC REALTY CO.,
a California corporation
Its: Manager’s Agent
By: ___________________
(Name and Title)
Dated: ________________

ORANGE COUNTY FLOOD CONTROL
DISTRICT, a body corporateand politicT
homas A. (Mat) Miller
Chief Real Estate Officer
Pursuant to Board of Supervisors Minute Order
dated October 25, 2016
Dated: ____________

CITY OF CHINO
Dr. Linda Reich, City Manager
Dated: ____________
ATTEST:B
y:_____________________
Natalie Gonzaga, City Clerk
Dated: ___________________
101
102
A-1
EXHIBIT “A”

VESTING TENTATIVE PARCEL MAP
103

CITYOFCHINO
PBLA

NOT TO SCALE
104
B-1
EXHIBIT “B”
PARCEL MAP 20071 WORKS OF IMPROVEMENT
A. Removal of undesirable, dangerous and dead plant materials and roots.

B. All offsite grading as specified on the approved grading plan.

C. Relocation of all public utility structures as necessary to properly construct the required improvements.

D. Storm drain facilities as required and shown on the City-approved construction plans.

E. Sanitary sewers constructed as shown on the City-approved, engineered plans.

F. Water mains, valves, hydrants, services, meters and appurtenances to serve each lot as shown on the City-approved construction plans.

G. Underground installation of all electrical, telephone, cable television and any other energy or communication lines that abut the project site.

H. A street lighting system (City -owned) in accordance with the City-approved construction plans.

I. Disposal of all rocks and debris located within any public right -of-way within said development or on the boundary streets thereof.

J. Installation of concrete curbs, gutters, sidewalks, cross gutters, driveways and intersections as shown on City-approved construction plans.

K. Installation of asphalt concrete or Portland Cement Concrete street pavement on base material as shown on approved construction plans and in accordance the City- approved construction plans.

L. Street signs at intersections per the City-approved construction plans.

M. Installation of approved landscaping (plants and materials) per the City-approved construction plans.

N. Setting monuments as required by the State Code.

The Subdivider shall also perform all work and furnish all materials necessary, in the reasonable opinion of the Director of Public Works or her designee and on his order, to complete the improvements in accordance with the plans and specifications on file as hereinbefore specified, or any changes as required by Section 1.6 of the Agreement. 105
RESOLUTION NO 2025-029

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: PL 18-0120
LOCATION : Off Site Mountain Ave @ Bickmore Ave
By: PBLA
DATE: 3/19/2026
Quantity Unit Item Unit Total Cost
Price Per Item

STREETS
EA Tree Removal 880.00$ - $
CY Concrete Removal 358.00$ - $
964 CY AC Pavement Removal 110.00$ 106,040.00$ CY Imported Common Fill (Incl. Compaction) 37.00$ - $ SF Preparation of Subgrade, Sidewalk and Paving 1.10$ - $ 1981 LF PCC 8" Curb & 24" Gutter on 6" AB 29.00$ 57,449.00$ LF PCC 6" Curb & 24" Gutter on 6" AB 26.00$ - $ LF PCC Curb Only 22.00$ - $
LF 8" A.C. Berm 22.00$ - $
1280 SF 8" PCC Cross Gutter on 6" AB 18.00$ 23,040.00$ 22991 SF 4" PCC Sidewalk 6.40$ 147,142.40$ SF 6" PCC Thick Drive Approach on 6" AB 13.75$ - $ 3960 SF 8" PCC Thick Drive Approach on 6" AB 16.50$ 65,340.00$ LF 2" x 6" Redwood Header 8.25$ - $
EA Street Sign and Post 523.00$ - $
EA Traffic Sign and Post 440.00$ - $
EA Reflector Sign and Post 193.00$ - $
EA Painted Legend 7.00$ - $
SF Prime or Tack Coat 0.09$ - $
TON AC Variable - <300T 143.00$ - $
2070 TON AC Variable - >300T 132.00$ 273,240.00$ TON CAB Variable - <300T 110.00$ - $
2328 TON CAB Variable - >300T 99.00$ 230,472.00$ EngCostEstimate Page 1 of 12 Effective Date: August 18, 2025 106
RESOLUTION NO 2025-029

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: PL 18-0120
LOCATION : Off Site Mountain Ave @ Bickmore Ave
By: PBLA
DATE: 3/19/2026
Quantity Unit Item Unit Total Cost
Price Per Item

STREETS
EA Adjust Sewer Manhole to Grade 1,045.00$ - $ EA Adjust Sewer Cleanout to Grade 550.00$ - $ 20 EA Adjust Water Valve and Can to Grade 578.00$ 11,560.00$ 23 EA Street Light (City Owner) 8,470.00$ 194,810.00$ 2E A Electrical Pedestal 7,150.00$ 14,300.00 $ EA Lot Monument Setting Fee 605.00$ - $
2487 LF Sawcut A.C. 3.30$ 8,207.10$
LF Sawcut Concrete 3.30$ - $
SF Cold Plane A.C. 2" Thick 0.31$ - $
LF Signing & Striping for
Arterial 21.00$ - $
2600 LF Collector 14.00$ 36,400.00$
Local 8.00$ - $
EA Traffic Signal (8 - Phase Controller) 385,000.00$ - $ EA Modify existing Traffic Signal per Quadrant 82,500.00$ - $ LF Chain Link Fence
4 foot Residential Grade (Add $7.00/LF for Removal of
Existing Fence) 28.00$ - $
6 foot School fence (Add $9.00/LF for Removal of
Existing Fence) 39.00$ - $
EA Utility Poles
Transmission 12,650.00$ - $
Distribution 8,800.00$ - $
Service 3,300.00$ - $
EngCostEstimate Page 2 of 12 Effective Date: August 18, 2025 107
RESOLUTION NO 2025-029

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: PL 18-0120
LOCATION : Off Site Mountain Ave @ Bickmore Ave
By: PBLA
DATE: 3/19/2026
Quantity Unit Item Unit Total Cost
Price Per Item

STREETS
11500 SF
Landscape (Including shrubs, Hardscape, Irrigation, Ground Cover, Lighting, Installation Labor and Connection to
Existing Systems) 17.00$ 195,500.00$
LF
14 foot Median with Landscape, Irrigation, Lighting,
Hardscape, Curb, Gutter & Pavement 330.00$ - $ Rail Road Crossing
LS
Safety Equipment (Complete Including Crossing Gates,
Signs, and Lights) 550,000.00$ - $
SF Track Crossing (Concrete) 193.00$ - $
SF Approach 4.40$ - $
1 EA S.W. Ramps (A.D.A. Compliant) 4,400.00$ 4,400.00 $ EA Traffic Signal Loops 660.00$ - $
42069 SF Cold Plane A.C. 3" Thick 0.40$ 16,827.60$ 577 LF C & G Removal 18.00$ 10,386.00$
1E A DEMO & RE-CONSTRUCT EXIST ADA RAMP 8,000.00$ 8,000.00 $

STREETS
STREET SUBTOTAL 1,403,114.10 $
1L S Mobilzation (5% of Construction Cost) 5% 70,155.71$ 1L S Traffic Control (5% of Construction Cost) 5% 70,155.71$ LS Clear & Grub Site (5% of Construction Cost) 5% 70,155.71$ 1L S Excavation (Clean Material) (5% of Construction Cost) 5% 70,155.71$ GRAND TOTAL STREETS ONLY 1,683,736.92$
EngCostEstimate Page 3 of 12 Effective Date: August 18, 2025 108
RESOLUTION NO 2025-029

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: PL 18-0120
LOCATION : Off Site Mountain Ave @ Bickmore Ave
By: PBLA
DATE: 3/19/2026
Quantity Unit Item Unit Total Cost
Price Per Item
WATER
2539 LF Trench Support/Shoring (6 foot depth) 17.00$ 43,163.00$ CY Pipe Bedding & Compaction (Imported) 99.00$ - $ LF
6" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration 88.00$ - $ LF
8" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration. 110.00$ - $ 2539 LF
12" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration 149.00$ 378,311.00$ LF
18" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration 193.00$ - $ LF Removal, Disposal of ACP and Backfill 165.00$ - $ EA 6" Gate Valve 2,200.00$ - $
EA 8" Gate Valve 2,860.00$ - $
3E A 12" Gate Valve 4,950.00$ 14,850.00 $
EA 18" Gate Valve 8,250.00$ - $
14 EA Fire Hydrant Assembly per City Std. 8,250.00$ 115,500.00$ 2E A Blow-off Assembly 2" per City Std. 9,460.00$ 18,920.00 $ 1E A 2" Air Relief Assembly 4,950.00$ 4,950.00 $ EA 1" Water Service/Meter 3,850.00$ - $
8E A 2" Water Service/Meter 4,950.00$ 39,600.00 $ 34 LF
10" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration. 110.00$ 3,740.00$ 8E A 1-1/2" RPP Backflow Device - Std 430A 1,250.00$ 10,000.00 $ 1E A Thrust Block per Std 460 500.00$ 500.00 $ 2E A 10" Gate Valve 3,500.00$ 7,000.00 $
2E A 10" DCDA - Std 473 12,000.00$ 24,000.00 $
1E A 12" Blind Flange 500.00$ 500.00 $
WATER
WATER SUBTOTAL 661,034.00$
1L S Mobilzation (5% of Construction Cost) 5% 33,051.70$ EngCostEstimate Page 4 of 12 Effective Date: August 18, 2025 109
RESOLUTION NO 2025-029

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: PL 18-0120
LOCATION : Off Site Mountain Ave @ Bickmore Ave
By: PBLA
DATE: 3/19/2026
Quantity Unit Item Unit Total Cost
Price Per Item
1L S Traffic Control (5% of Construction Cost) 5% 33,051.70$ GRAND TOTAL WATER ONLY 727,137.40$
EngCostEstimate Page 5 of 12 Effective Date: August 18, 2025 110
RESOLUTION NO 2025-029

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: PL 18-0120
LOCATION : Off Site Mountain Ave @ Bickmore Ave
By: PBLA
DATE: 3/19/2026
Quantity Unit Item Unit Total Cost
Price Per Item

RECYCLED WATER
2617 LF Trench Support/Shoring (6 foot depth) 17.00$ 44,489.00$ CY Pipe Bedding (Imported) 99.00$ - $
LF
6" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration 88.00$ - $ LF
8" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration. 110.00$ - $ 2617 LF
12" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration 149.00$ 389,933.00$ LF
18" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration 193.00$ - $ EA 6" Gate Valve 2,200.00$ - $
EA 8" Gate Valve 2,860.00$ - $
2E A 12" Gate Valve 4,950.00$ 9,900.00 $
EA 18" Gate Valve 8,250.00$ - $
EA Fire Hydrant Assembly per City Std. 8,250.00$ - $ 1E A Blow-off Assembly 2" per City Std. 9,460.00$ 9,460.00 $ 1E A 2" Air Relief Assembly 4,950.00$ 4,950.00 $ 1E A 1" Water Service/Meter 3,850.00$ 3,850.00 $ 6E A 2" Water Service/Meter 4,950.00$ 29,700.00 $ 3E A 16" Gate Valve 4,950.00$ 14,850.00 $
1E A 16" X 12" REDUCER 950.00$ 950.00 $
1E A 16" TEE 1,750.00$ 1,750.00 $
1E A 12" C-900 45 Degree Ell 900.00$ 900.00 $ 2E A Thrust Block per Std 460 500.00$ 1,000.00$ -$

RECYCLED WATER
RECYCLED WATER SUBTOTAL 511,732.00$
1L S Mobilzation (5% of Construction Cost) 5% 25,586.60$ 1L S Traffic Control (5% of Construction Cost) 5% 25,586.60$ EngCostEstimate Page 6 of 12 Effective Date: August 18, 2025 111
RESOLUTION NO 2025-029

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: PL 18-0120
LOCATION : Off Site Mountain Ave @ Bickmore Ave
By: PBLA
DATE: 3/19/2026
Quantity Unit Item Unit Total Cost
Price Per Item
GRAND TOTAL RECYCLED WATER ONLY 562,905.20$
EngCostEstimate Page 7 of 12 Effective Date: August 18, 2025 112
RESOLUTION NO 2025-029

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: PL 18-0120
LOCATION : Off Site Mountain Ave @ Bickmore Ave
By: PBLA
DATE: 3/19/2026
Quantity Unit Item Unit Total Cost
Price Per Item
SEWER
LF Trench Support/Shoring 17.00$ - $
LF
4" Installed, including excavation, bedding, backfill and pavement restoration $83.00 - $
77 LF
8" Installed, including excavation, bedding, backfill and pavement restoration $102.00 7,854.00$
LF
10" Installed, including excavation, bedding, backfill and pavement restoration $113.00 - $
LF
12" Installed, including excavation, bedding, backfill and pavement restoration $135.00 - $
LF
15" Installed, including excavation, bedding, backfill and pavement restoration $157.00 - $
LF
18" Installed, including excavation, bedding, backfill and pavement restoration $179.00 - $
LF
21" Installed, including excavation, bedding, backfill and pavement restoration $212.00 - $
LF
24" Installed, including excavation, bedding, backfill and pavement restoration $229.00 - $
EA Sewer Saddle $495.00 - $
EA Wyes 4" x 8" Typical $248.00 - $
1 EA 48" Sewer Manhole $5,170.00 5,170.00$
EA 60" Sewer Manhole $8,250.00 - $
EA Sewer Cleanout $1,980.00 - $
SEWER
SEWER SUBTOTAL 13,024.00$
1L S Mobilization (5% of Construction Cost) 5% 651.20$
1L S Traffic Control (5% of Construction Cost) 5% 651.20$ GRAND TOTAL SEWER ONLY 14,326.40$
EngCostEstimate Page 8 of 12 Effective Date: August 18, 2025 113
RESOLUTION NO 2025-029

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: PL 18-0120
LOCATION : Off Site Mountain Ave @ Bickmore Ave
By: PBLA
DATE: 3/19/2026
Quantity Unit Item Unit Total Cost
Price Per Item

STORM DRAIN
LF 24" X 36" C.M.P.A. (10 Gauge) 253.00$ - $ LF 27" x 43" C.M.P.A (10 Gauge) 275.00$ - $ 1E A Storm Drain Manhole #1 11,000.00$ 11,000.00 $ 1E A Junction Structure #2 (24" or larger) 9,735.00$ 9,735.00 $ EA Junction Structure #4 (24" or smaller) 4,400.00$ - $ EA Outlet Structure 7,700.00$ - $
EA Catch Basin 3.5' Width 7,920.00$ - $
1E A Catch Basin 7' Width/L.D. 8,690.00$ 8,690.00 $ EA Catch Basin 10' Width/L.D. 10,945.00$ - $
EA Catch Basin 14' Width/L.D. 12,100.00$ - $
EA Catch Basin 21' Width/L.D. 14,300.00$ - $
44 LF
18 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 220.00$ 9,680.00$ LF
24 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 264.00$ - $ LF
27 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 286.00$ - $ LF
30 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 308.00$ - $ LF
33 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 325.00$ - $ LF
36 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 341.00$ - $ LF
39 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 352.00$ - $ LF
42 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 363.00$ - $ LF
45 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 396.00$ - $ 698 LF
48 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 424.00$ 295,952.00$ LF
54 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 484.00$ - $ LF
60 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 550.00$ - $ EngCostEstimate Page 9 of 12 Effective Date: August 18, 2025 114
RESOLUTION NO 2025-029

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: PL 18-0120
LOCATION : Off Site Mountain Ave @ Bickmore Ave
By: PBLA
DATE: 3/19/2026
Quantity Unit Item Unit Total Cost
Price Per Item

STORM DRAIN
LF
66 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 616.00$ - $ LF
72 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 688.00$ - $ LF
78 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 759.00$ - $ LF
84 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 842.00$ - $ LF
90 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 913.00$ - $ LF
96 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 1,012.00$ - $ LF
102 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 1,100.00$ - $ LF
108 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 1,183.00$ - $ LF
7' x 6' RCB Installed, including excavation, bedding, backfill and pavement restoration 770.00$ - $
LF
7' x 8.5' RCB Installed, including excavation, bedding, backfill and pavement restoration 902.00$ - $ LF
7' x 9.5' RCB Installed, including excavation, bedding, backfill and pavement restoration 957.00$ - $ LF
8' x 11' RCB Installed, including excavation, bedding, backfill and pavement restoration 1,100.00$ - $
LF
8' x 13' RCB Installed, including excavation, bedding, backfill and pavement restoration 1,210.00$ - $
LF
9' x 9' RCB Installed, including excavation, bedding, backfill and pavement restoration 1,100.00$ - $
LF
9' x 12' RCB Installed, including excavation, bedding, backfill and pavement restoration 1,210.00$ - $
LF
4' x 6' RCB Installed, including excavation, bedding, backfill and pavement restoration 748.00$ - $
1E A REMOVE PLUG & JOIN W/ CONC COLLAR 1,500.00$ 1,500.00 $ 1E A GRATED BASIN - SPPWC 305-4 5,500.00$ 5,500.00 $

STORM DRAIN
STORM DRAIN SUBTOTAL 342,057.00$
1 LS Mobilization (5% of Construction Cost) 5% 17,102.85$ 1 LS Traffic Control (5% of Construction Cost) 5% 17,102.85$ GRAND TOTAL STORM DRAIN ONLY 376,262.70$
EngCostEstimate Page 10 of 12 Effective Date: August 18, 2025 115
RESOLUTION NO 2025-029

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: PL 18-0120
LOCATION : Off Site Mountain Ave @ Bickmore Ave
By: PBLA
DATE: 3/19/2026
Quantity Unit Item Unit Total Cost
Price Per Item
DIRECT COSTS GRAND TOTAL STREETS ONLY 1,683,736.92 $
GRAND TOTAL WATER ONLY 727,137.40$
GRAND TOTAL RECYCLED WATER ONLY 562,905.20$
GRAND TOTAL SEWER ONLY 14,326.40$
GRAND TOTAL STORM DRAIN ONLY 376,262.70$

GRAND TOTAL (FOR PLAN CHECK & INSPECTION FEE
DETERMINATION) 3,364,368.62$
PROJECT ADDITIVES Project Contingencies 10% 336,436.86$ Construction Staking 3% 100,931.06$
Soils Testing 1% 33,643.69$
Material Testing 1% 33,643.69$
Construction Inspection 4.8% 161,489.69$
Contract Administration 1% 33,643.69$
GRAND TOTAL (FOR BOND AMOUNTS) 4,064,157.29$
EngCostEstimate Page 11 of 12 Effective Date: August 18, 2025 116
RESOLUTION NO 2025-029

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: PL 18-0120
LOCATION : Off Site Mountain Ave @ Bickmore Ave
By: PBLA
DATE: 3/19/2026
Quantity Unit Item Unit Total Cost
Price Per Item

BY ENGINEER
Prepared By: STEVE LEVISEE
R.C.E. Number: 45926
Expiration: 12/31/2026

BY CITY
Faithful Performance Bond (100% of Construction Cost) 4,064,200.00$ Labor & Material Bond (50% of Construction Cost) 2,032,100.00$ Warranty Bond (10% of Construction Cost) 406,400.00$
EngCostEstimate Page 12 of 12 Effective Date: August 18, 2025 117
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125

EXHIBIT A

DEPARTMENTAL

CONDITIONS OF APPROVAL

DATE: May 17, 2021

PROJECT FILE NO.: PL18-0118 (Site Approval), PL18- 0119 (Vesting Tentative Parcel Map No. 20071), PL18- 0120 (Site Approval), and
PL19-0011 (SCUP)

LOCATION: Southeast corner of Mountain and Bickmore Avenues (APN:
1027-231-01, 1027- 241-01 & 02, 1027- 371-01, 1027- 381-01 & 02, 1056-201-01, 1056-331-01, 06 & 07, and 1056-341-01)

APPLICANT: Majestic Realty, Co.

The departments listed below have reviewed the above referenced application. Those departments marked with an “X” have required conditions of approval to be imposed on the project.

Development Services Department –
[ X ] Planning Division
[ X ] Development Engineering Division
[ ] ADA Accessibility Division

[ X ] Chino Valley Independent Fire District

[ ] Police Department

[ ] Finance Department

[ ] Community Services

126

DEVELOPMENT SERVICES DEPARTMENT

PLANNING DIVISION CONDITIONS OF APPROVAL

DATE: May 17, 2021

PROJECT FILE NO.: PL18-0118 (Site Approval), PL18- 0119 (Vesting Tentative Parcel Map No. 20071), PL18- 0120 (Site Approval), and
PL19-0011 (SCUP)

LOCATION: Southeast corner of Mountain and Bickmore Avenues (APN:
1027-231-01, 1027- 241-01 & 02, 1027- 371-01, 1027- 381-01 & 02, 1056-201-01, 1056-331-01, 06 & 07, and 1056-341-01)

APPLICANT: Majestic Realty, Co.

1.0 TIME LIMITS:

1.1 The above referenced Site Appr oval and Special Conditional Use Permit shall expire on May 17, 2022, if building permits are not obtained. The expiration date may be extended by the Development Services Director upon written request by the applicant o n a Ci ty application form. The request must be received by the Director of Development Services at least 30 days prior to expiration of the application.

1.2 The above referenced Vesting Tentative Parcel Map shall expire on May 17, 2023, if the final map has not been recorded. The expiration date may be extended by the Planning Commission upon written request by the applicant on a City application form. The request must be received by the Director of Development Services at least 30 days prior to expiration of the application.

1.3 Approval of PL18 -0118 (Site Approval), PL18-0119 (Vesting Tentative Parcel Map No. 20071) , PL18 -0120 (Site Approval) and PL19-0011 (Special Conditional Use Permit) is contingent upon approval of PL18-0090 (General Plan Amendment), PL18-0091 (Zone Change ) and certification of the Majestic Chino Heritage Environmental Impact Report by the City Council. The project construction cannot commence, and this approval will be determined null and void, if the afor ementioned General Plan Amendment, Zone Change and Environmental Impact Report are not approved by the City Council.

127

DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION

CONDITIONS OF APPROVAL
FILE NO.: PL18-0018 – PL18-0120, PL19-0011 DATE: May 17, 2021

2.0 GENERAL REQUIREMENTS:

2.1 Failure to comply with any conditions of approval shall be deemed just cause for revocation of project approval by the Planning Commission.

2.2 The project shall proceed only in accordance with approved plans on file with the Development Services Department, the conditions contained herein and the Chino Municipal Code.

2.3 Approval of this request shall not waive compliance with all sections of the Chino Municipal Code, all other applicable City ordinances, and applicable specific plans.

2.4 Pursuant to Government Code Section 66020, the applicant is informed that the 90- day period in which the applicant may protest the fees, dedications, reservation or other exaction imposed on this project through the conditions of approval has begun.

2.5 In the event that any condition contained herein is determined to be invalid or legally unenforceable, then all remaining con ditions shall re main i n force.

2.6 In the event that any condition imposing a fee, exaction, dedi cation, or other mitigation measure is challenged by the project sponsors and/or other parties in an action filed in a court of law, which action is brought within the time period provided for by law, this approval shall be suspended pending dismissal of s uch action, the expiration of the limitation period applicable to such action, or final resolution of such action. If any condition is invalidated by a court of law , the applicable section of the entire project shall be reviewed by the City and substitute conditions may be imposed.

2.7 As a condition of issuance of this approval, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold har mless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, Planning Commission, or other decision- making body, or staff action concerning this project. The City agrees to promptly notify the applicant of any such claim filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in the defense of any such action under this condition.

128

DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION

CONDITIONS OF APPROVAL
FILE NO.: PL18-0018 – PL18-0120, PL19-0011 DATE: May 17, 2021

2.8 The City of Chino has an exclusive contract with Waste Management for all solid waste collection and hauling services within the City. The applicant shall be responsible for making arrangements with Waste Management for disposal of any/all construction debris or trash generated as a result of this permit. Waste Management can be reached at 1- 800 423-9986.

2.9 All proposed signs shall be designe d to c onform with Chino Municipal Code Title 16 (Signs) and shall require separat e application and approval by the Director of Development Services prior to installation.

2.10 Any change of use in the project shall be reviewed by the Developmen t Services Department for compliance with CEQA.

2.11 Pursuant to Public Resources Code Section 21089 and Fish and Wildlife Code Section 711.4, the developer shall provide those fees marked [X] below in the form of a check made payable to the San Bernardino County Clerk o f the Board of Supervisors within 5 days of Planning Commission approval. Project approval shall not be complete until the required fee(s) is (are) paid:

[X] $50 for the Notice of Determination filing fee.

[X] $3,445.25 for the California Dep artment of F ish a nd Wildlife Environmental Impact Report fee.

2.12 The Director of Development Services shall have the authority to approve minor deviations in the site plan, architecture and/or landscape providing the total approved building area is not exceeded.

2.13 Special Conditions:

2.13.1 Prior to the issuance of a building permit, (A) The applicant shall pay an Agricultural Mitigation/ Open Space Replacement Fee (“Fee”) at a rate of $10,939 per acre for the acres covered by such building permit, and (B) the City of Chino and Orange County Flood Control District (“OCFCD”) shall execute a memorandum of understanding (“agreement”), subject to approval of the agreement by OCFCD and the Chino City Council in a form approved by the City Attorney, that guarantees the conservation of agricultural land and open space in the City through a combination of the following:
(1) The City of Chino being granted a ten (10) year option (for $1) to enter into a 65- year term lease, at a $1 per year lease rate and with other terms mutually agreed upon by the City and Orange 129

DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION

CONDITIONS OF APPROVAL
FILE NO.: PL18-0018 – PL18-0120, PL19-0011 DATE: May 17, 2021

County Flood Control District, on any or all of the follow ing eight parcels owned by OCFCD of approximately 79 acres: San
Bernardino County Assessor Parcel Numbers 1057- 211-05;1033- 082-04,-09,-10;1033-081-06,-07,-08; & 1033- 091-01 (the “Potential Replacement Open Space”). The City has sole discretion as to when t he lease is entered into during the option period and will have no maintenance responsibilities for any parcels until a lease is executed, and (2) The applicant’s payment of the Fee specified in clause (A) above, with the understanding that such Fee shall be refunded to applicant in an amount equal to the product of the rate specified above of $10,939 per acre times the total number of Potential Replacement Open Space acres leased by the City after Fee payment is made by applicant.

2.13.2 The final design of the co rner treatment located at the southeast corner of Bickmore and Mountain Avenues shall be reviewed and approved by the Director of Development Services. Review will include but not be limited to design and location of the interpretive display, inform ation provided on the interpretive display, and how the display ties in with the project and the overall landscape elements at the corner.

3.0 PRIOR TO RECORDATION OF THE FINAL MAP:

3.1 Three copies of Covenants, Conditions, and Restrictions (CC&R's) for the subdivision shall be prepared in accordance with the City Attorney Policy - Guidelines and Protocol for Review and Approval of CC&R’s and submitted for review and approval by the Development Services Department, Planning and Engineering Divisions, and the City Attor ney.

The approved CC&Rs shall be recorded concurrently with the final map and a recorded hard copy and electronic copy shall be submitted to the Director of Development Services. The following items shall be included in the final CC&Rs:

3.1.1 Reciprocal agreement to assure mainten ance of all common areas, including landscaping, site access points and off -street parking areas, and to assure common ingress and egress between parcels.

The intent of the CC &R’s is to assure that the entire project is designed and maintained in a uniform and comprehensive manner.

3.1.2 No outdoor storage, manufacturing, or assembly of materials or equipment shall be permitted unless other permitted in accordance with CMC Section 20.21.200.

130

DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION

CONDITIONS OF APPROVAL
FILE NO.: PL18-0018 – PL18-0120, PL19-0011 DATE: May 17, 2021

3.2 Special Conditions:

3.2.1 Three hard copies and one electronic copy of the recorded CC&R's shall be submitted to the Director of Development Services.

4.0 PRIOR TO THE ISSUANCE OF A BUILDING AND/OR GRADING PERMIT:

4.1 The developer shall, at the time each fee is due, pay development impact fees at the rate in effect at the time the project was approved by the Planning Commission. Such fees may include, but not be limited to, new construction fee, park or open space fees, school fees, drainage fees, sewer fees, building permit and plan check fees. The developer shall pay all other fees including but not limited to landscape plan check fees and public noticing fees.

4.2 A detailed on- site exterior lighting plan shall be s ubmitted for review and approval by the Director of Development Services. Plans shall be designed pursuant to Chino Municipal Code Section 20.10.090 (Outdoor Lighting) and shall indicate fixture design, illumination (photometric), location, height and method of shielding, so as not to adversely affect adjacent properties.

4.3 Revised plans, incorporating all c onditions of approval, shall be submitted for review and approval by the Director of Development Services.

4.4 All grading, site, architecture, etc. plans s hall be coordinated for consistency.

4.5 The d eveloper shall submit two sets of structural plans/construct ion documents. Said plans shall include one set of structur al calculations, one set of Title 24 energy calculations, and one soils report. The developer shall also submit the above documents in di gital format to the Building Division once approved.

4.6 A cons truction management plan shall be submitted for review and approval by the Director of Development Services . The plan s hall coordinate and address constr uction activities that may impact residents and/or surrounding businesses in adjacent areas. Elements of the plan would contain, but not be limited to, the following:

a. Routing of construction equipment
b. Hours of operation
c. Dust control
d. Vector control
131

DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION

CONDITIONS OF APPROVAL
FILE NO.: PL18-0018 – PL18-0120, PL19-0011 DATE: May 17, 2021

e. Vehicle, equipment, and personnel staging
f. Pre-construction meetings
g. Contractor/subcontractor acknowledgement, obligations, and penalties h. Traffic control and coordination
i. Security and interim fencing
j. Signs posted on the site with a contact numb er for the job site construction manager and the City’s Code Enforcement Division. Signs shall measure at least four feet by eight feet, and shall be posted along every street frontage. The developer shall contact the City immediately upon any change in contact numbers.
k. Building and landscape phasing.

4.7 A precise wall plan indicating the design, location and construction detai ls of all screen walls and fences shall be submitted for review a nd approval by the Planning and Building Divisions. The precise wall plan shall be in substantial conformance with the conceptual wall plan that is on file with the Development Services Depa rtment and approved by the Planning Commission. All perimeter and stre et-facing walls, including retaining walls, shall be decorative in nature to the satisfaction of the Dir ector of Development Services.

4.8 All ground- mounted utilities, including but not l imited to cable television facilities, and telephone/fiber optic facilities, shall be undergrounded.

Equipment that that is not placed underground such as SCE transformers, backflow prevention devices, irrigation valves and controllers used for common landscape areas shall be placed in areas out of public view and sufficiently screened. The location and method of screening of said utilities shall be reflected in a plan and shall be subject to the review and approval by the Director of Development Services.

4.9 All electrical panels and cabinets shall be fully enclosed, and integrated into and architecturally compatible with the building to the satisfact ion of the Director of Development Services. The locations of the electrical panels and cabinets shall be reflected on a site plan and elevation(s) to be reviewed and approved by the Director of Development Services.

4.10 Prior to the issuance of a building permit, the approved grading plans shall be attached to the construction plan set. The project shall be built according to the plans approved by the Planning Commission, as submitted by Commerce Construction Co., L.P. Any substantial modification to the proj ect shall require Planning Commission review and approval. If minor in nature, the modification may be reviewed and approved by the Development Services Director.

132

DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION

CONDITIONS OF APPROVAL
FILE NO.: PL18-0018 – PL18-0120, PL19-0011 DATE: May 17, 2021

4.11 Upon submittal of construction drawings to the Building Division for plan check review, all depart mental conditions of approval for the project shall be included on the sheet fol lowing the title sheet , or the first sheet of the plans. A site plan shall also be attached to all sets of construction drawings. This condition s hall be a minimum requirement for acceptance of construction drawings for the Building plan check review.

4.12 Special Conditions:

4.12.1 A W ater Quality Manageme nt Plan shall be prepared in accordance with County of San Bernardino requirement s, and submitted for review and approval by the City.

4.12.2 To minimize damage to paved areas due to tree root growth, trees located withi n five (5) feet of any paved surface area shall be provided with root barriers unless it can be demonstrated, to the satisf action of the Planning Division , that the root growth characteristics of the type of tree proposed does not warrant their installation.

5.0 PRIOR TO START OF CONSTRUCTION:

5.1 A pre-construction meeting, scheduled with the Building Di vision, shall be held with all applicable City sta ff membe rs, developer, contrac tor, superintendent, and all subcontractors prior to start of construction.

5.2 The approved construction management pl an shall be distributed to all contractors and subcontractors and shall be maintained on-site through the duration of construction.

5.3 The applicant is required to contact the West Valley Mosquito and Vector Control Distr ict to determine if an inspection or field survey of potential vectors and their ectoparasites is necessary. If the Distri ct so determines, an inspection or field survey shall be conducted by the District, at the applicant’s expense, prior to demolition or grading in order to protect the health of and reduce the risk of neighboring residents to vect or-borne diseases. Based on the inspection or sur vey results, the applicant shall take appropriate vector control methods as recommended by the District.

6.0 PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY:

6.1 All conditions of approval shall be completed to the satisfaction of the Director of Development Services.

133

DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION

CONDITIONS OF APPROVAL
FILE NO.: PL18-0018 – PL18-0120, PL19-0011 DATE: May 17, 2021

6.2 The temporary sales and/or construction office buildings/trailers shall be removed from the site.

6.3 The project site shal l be clean and free of trash and construction debris, and all construction equipment shall be removed from the site.

6.4 A coating that will facilitate the removal of graffiti shall either (i) be applied over the complete height of the side of screen walls and/or fences visible from the public right of way or areas accessible to the publ ic, and to a height of eight feet on building walls outside of secured/screened areas, or (ii) if a coating is not provided, the owner of the property shal l paint the buildings and/or walls to remove graffiti within 72 hours of notice.

7.0 ENVIRONMENTAL REQUIREMENTS & MITIGATION MEASURES:

7.1 Comply with all miti gation measures identified in the Mitigation Monitoring Program contained within Majestic Chino Heritag e Final Environmental Impact Report (SCH # 2019039133) and attached t o the conditions of approval as Exhibit “A”, which ide ntifies each environmental miti gation measure, the ti me in which it will be implemented and the responsible party for monitoring its implementation.

8.0 OTHER REQUIREMENTS:

8.1 The applicant shall disclose to all potential tenants or owners of units or buildings that the businesses/uses must be consistent with the standards of the land use designation/zoning district in which the project site is located.

8.2 The projec t site shall be cleared of all trash, debris, weeds, and other discarded items wi thin 90 days of City Council approval or issuance of a grading permit, whichever occurs first. Approval of this application shall be deemed null and void upon failure of the applicant to comply with this condition within the aforementioned time period.

8.3 All signs, including subdivision and/or realty signs proposed for this development shall be designed to conform to the Sign Ordinance and shall require separate application and approval by the Planning and Building Divisions prior to installation.

8.4 Building and Site Design:

8.4.1 Exterior building color shall be reviewed and approved by the Director of Development Services. Colors shall be coordinated 134

DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION

CONDITIONS OF APPROVAL
FILE NO.: PL18-0018 – PL18-0120, PL19-0011 DATE: May 17, 2021

between structures, utilizing co mpatible hues and intensities.

Exterior building colors shall be in subst antial conformance with the conceptual architecture plans that are on file with the Development Services Department and approved by the Planning Commission. Final review and approval of paint colors utilizing a color test may be required prior to painting any structure, if determined necessary in the field by the Director of Development Services.

8.4.2 All building drainage gutters, downspouts, vents, etc., located on the exterior walls shall be architecturally compatible with the exterior building des ign and color, to the satisfaction of the Director of Development Services, or shall be completely concealed from view. They shall be in substantial conformance with the conceptual ar chitectural elevations that are on file with the Development Services Department and approved by the Planning Commission and shall not be located on the exterior of building walls near office areas or other prominent locations on the building(s).

8.4.3 All new mechanical equipment and appurtenances of any type (including, but not limited to, electrical cabinets, HVAC equipment, skylights, stack vents or fans) whether located on rooftops, ground level or anywhere on the building structure, shall be completely screened so as not to be visible from any public street and/or adjacent pr operty, subject to review and approval by the Director of Development Services. The parapet wall should serve as the primary method of screening, or the facilities shall be enclosed wit hin the structure of the building. Such enclosure of facilities shall be of compatible design related to building structure for which such facilities are intended to serve.

8.4.4 Returns for parapet walls shall be in substantial conformance with the conceptual architectural elevations that are on file with the Development Services Department and approved by the Planning Commission and shall not be visible from public view to the maximum extent feasible. All parapet returns shall be a minimum of 4 feet deep.

8.4.5 New ladders for roof access shall be mounted on the inside of the building within the commercial and industrial projects.

8.4.6 All new overhead doors, mechanical doors and/or man doors shall be in substantial conformance with the conceptual 135

DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION

CONDITIONS OF APPROVAL
FILE NO.: PL18-0018 – PL18-0120, PL19-0011 DATE: May 17, 2021

architectural elevatio ns that are on file with the Development Services Department and approved by the Planning Commission.

8.4.7 Outdoor employee break areas shall be provided for each building in substantial conformance with the conceptual site plan that is on file with the Development Services Department and approved by the Planning Commission . These areas shall be provided with seating, tables, enhanced paving treatments, decorative trash receptacles, hose bibs, and shade structures and/or shade trees, to the satisfaction of the Director of Development Services.

Seating and tables shall be provided upon tenant improvement completion.

8.5 Parking and Lighting:

8.5.1 All exterior lighting fixtures shall be installed i n accordance with plans on file with the Development Services Department and shall be fully operational prior to occupancy.

8.5.2 All building -mounted l ight fixture s within public areas shall be decorative in natur e and architecturally comp atible with the building. Building- mounted light fixtures shall be in su bstantial conformance with the concept ual site plan t hat is on file with th e Development Services Department and approved by the Planning Commission reviewed and approved by the Direct or of
Development S ervices prior to instal lation. “Wall-paks” or other standardized exterior li ghting shall not be permitted within public areas.

8.5.3 All parking and loading areas shall be paved and double-striped in accordance with plans on file with the Dev elopment Serv ices Department, Chino Municipal Code Chapter 20.18 (Parking) and the disabl ed par king and accessibility requirements of state l aw (see the CalDAG—Californ ia Disabled Accessibility Guidebook).

8.5.4 Drive surfaces contiguous with planter areas shal l have a 6- inch raised curb separation.

8.5.5 All parking spaces, aisles, ent rances and exits shall be double- striped per City standards.

8.5.6 All parking spaces for compact car s shall be clearly identified as "Compact C ar Only" on the pav ement, at the opening of t he space. Compact par king spaces shall be reasonably distributed 136

DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION

CONDITIONS OF APPROVAL
FILE NO.: PL18-0018 – PL18-0120, PL19-0011 DATE: May 17, 2021

throughout the parking area, s ubject to review and ap proval by the Director of Development Services.

8.6 Refuse and Recycling:

8.6.1 Separate rec eptacles (bins) for the coll ection of refuse and recyclable materials shall be provided. An adequate number of bins to allow for the collectio n of both refuse and recyclable materials generated by the development shall be provided, to the satisfaction of the Director of Development Services.

8.6.2 Refuse and recyclable materials bins shall be enclosed by a 6- foot- high (1.83 m) wall that is designed to be architecturally compatible with the building(s), with solid view obstructing gates fitted with self -closing door devices, and be designed with cane bolts in front of the block walls to secure the gates when in the open position, and a solid roof structure. The gates should also be equipped with rod locks and corresponding rod holes in both the open and closed gate positions. Bins containing recyclable materials shall be provided protection from adverse environmental conditions that might render the collect ion materials
unmarketable.

8.6.3 No refuse/recycling enclosure shall be located within any required setback area.

8.6.4 All refuse and recyclable material bin enclosures not located in private yard areas s hall be screened with landscaping on all sides, with the exc eption of the gate area. All sides of the enclosure, with the exception of the gate area, shall be surrounded by a minimum 18” wide pl anter area for the purpose of providing landscape material.

8.6.5 Refuse storage and recycling areas shall not be used f or the storage of materials other than that for whi ch it is designed (refuse and recyclable materials). The premises shall be kept in a neat and orderly condition, and in good repair and appearance at all times.

8.7 Landscaping:

8.7.1 Prior to the issuance of any gradin g permit, four (4) sets of detailed on-site landscaping and irrigation construction drawings along with a copy of the Planning Commission approved conceptual
137

DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION

CONDITIONS OF APPROVAL
FILE NO.: PL18-0018 – PL18-0120, PL19-0011 DATE: May 17, 2021

landscape plans and a copy of the conditions of approval shall be submitted for review and approval by the Director of Development Services. A grading permit will not be issued until the City’s outside plan checker has completed one review of detailed landscape and irrigation plans for the development. Payment of the Landscape & Irrigation Plan Review Fee shall be due at the time of subm ittal.

Plans shall be prepared to comply with the City’s Water Efficient Landscape Ordinance, adopted on October 6, 2015, Ordinance No. 2015-008, meet the requirements for a Landscape Documentation Package in accordance with Section 20.19.030 of the Landsc ape Ordinance, and shall bear the seal of a landscape architect registered with the state of California.

8.7.2 Detailed landscape and irrigation plans for the development shall be approved by the Director of Development Services.

8.7.3 Approval of the conceptual landscape plan by the Planning Commission does not constitute final approval. The final landscape approval (during the plan check process and/or following installation) shall be subject to the review and approval of the Cit y’s Landscape Architec t Consultant and the Director of Development Services. The City Landscape Architect or Director of Development Services may require additional/fewer trees, shrubs, vines, and ground cover as necessary, based on final site conditions during the landscape plan check process or field review process in order to mitigate any site conditions that were not apparent during either the Planning Commission review or plan check review process.

8.7.4 All landscaping and irrigati on shall be installed i n accordance with plans on file with the Deve lopment Services Department, and irrigation systems fully operational. Furthermore, all landscaped areas shall be free of trash and debris.

8.7.5 A licensed landscape architect or contractor, or other licensed certified professional in a related field shall conduct a final field inspection and shall prepare a certificate of completion, which shall be filed with the Director of Development Services. The certificate of completion shall be prepared in accordance with Sec tion

20.19.030.J of th e Landscape Ordinance, and shall specifically indicate that plants were installed as specified by the landscape design plan, that the irrigation system was installed as specified by the irrigation design plan, and that an irrigation a udit has been performed. All landscape and irrigation audits shall be conducted by a landscape irrigation auditor. Landscape audits shall not be 138

DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION

CONDITIONS OF APPROVAL
FILE NO.: PL18-0018 – PL18-0120, PL19-0011 DATE: May 17, 2021

conducted by the person who designed the landscape or installed the landscape.

8.7.6 A landscape maintenance program for the entire project site shall be reviewed and approved by the Director of Development Services. The maintenance program shall include general landscape maintenance provisions for pruning, trimming, the replacement of any dead, decayed, or diseased veget ation, ongoing weed abatement, and replacement/repair of the irrigation system, when necessary. The landscape maintenance program shall be included with the contract with the landscape maintenance company to ensure they implement the maintenance program. I n addition, the maintenance program should include provisions for periodic inspections to ensure the irrigation system is working properly, and all landscaping is being properly maintained.

8.8 Per Section 15.45.070 of the Chino Munic ipal Code , demons trate consistency with the Chino Climate Action Pla n by implementing one of the following three options:

a) Exceed the ma ndatory Cal ifornia Energy Code Tit le 24, Part 6 standards in effect at the time of application submittal by 3%; or b) Achieve an equivalent reduction through voluntary measures in the California Green Building Standards Code, Title 24, Part 11 (CALGreen) in effect at the time of application submittal; or
c) Provide other e quivalent greenhous e gas (GHG) reductions through measures including b ut not limited to, non- vehicle transportation infrastructure, transit, ZEV ( zero emission vehicle) infrastructure or o ther incentives, waste diversion, water conservation, tree planting, renewable energy option packages, or any combi nation of t hese or other measures such that GHG emissions are reduced by 0.04 MT CO2e per residential dwelling un it per year an d/or 0.11 MT C O2e per TSF of commercial/industrial use per year.

Applicants that choose Option a described above will be required to verify that their project meets the three percent improvement above the mandatory standards through the appropriate certificate of compliance form for residential construction (CF -1R) or for commercial/industrial construction (PERF-1C). Applicants that choose O ptions b or c described above will be required to utilize the GHG Performance Standard Checklist developed by the City, or provide other valid documentation, such as CalEEMod or other methodologies, as verified by the Director of Development Services to de monstrate the required GHG reductions consistent with the City's CAP.
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DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION

CONDITIONS OF APPROVAL
FILE NO.: PL18-0018 – PL18-0120, PL19-0011 DATE: May 17, 2021

9.0 CONSTRUCTION SITE SECURITY:

9.1 Minimum 6 ’ tall security-quality chain lin k fencing shall be erected along the project site’s northern and western boundaries (Bickmore Ave. and Mountain Ave., respectively), and the southern boundary fronting the gol f course once precise grading has been completed or as determin ed by the Deputy Director of Development Services. Each site shall be com pletely encircled by a minimum 6 ' tall security -quality cha in link fenc e once precise grading has been completed or as determined by the Deputy Director of Development Services.

9.2 Tennis court or similar screening material s hall be secur ely attached for the length of the fence, excluding gates and 10' on either side of gates.

9.3 Each site shall have only one entry/exit gate, or as approved by the Planning Division.

9.4 Gate h inge pin s shall be spot -welded or altered in such a way as to prevent easy removal.

9.5 Each gate shall have a c asehardened lock and chain, or other eq uivalent security hardware.

9.6 “No Trespassing” signs shall be attached to the ext erior of the fence at a minimum distance of a third of a mile and at all entrances.

9.7 On or near t he exterior of each g ate will be a sign with the address of the site in no less than 6 " letters. Both the number and street name will be listed on the sign. Th e address posted will be used for the entire site until the fence is removed and individual addresses assigned.

9.8 Office trailers and tool bins shall be placed adjace nt to gates inside the property to allow observation from outside.

9.9 Lighting on trailers an d bins i s desirable but shal l be dir ected into the property s o as not to impede outs ide observat ion or endanger nearby traffic with glare.

9.10 Tool bins shall be secured with case hardened locks, preferably with lock guards.

140

DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION

CONDITIONS OF APPROVAL
FILE NO.: PL18-0018 – PL18-0120, PL19-0011 DATE: May 17, 2021

9.11 A sign stating that theft is not acceptable on the site and will be reported to the police, or wording to that effect , will be displayed prominently ne ar each entrance.

9.12 Each site will have an assig ned Crime P revention Man ager who is responsible for the following:

a. Providing his/her name and 24- hour telephone access number to the Chino Police Department.
b. Have available at all times the names and 24-hour contact numbers for all subcontractors.
c. Have the authority to speak for the development/owners on matters concerning trespassing and other criminal matters.
d. Complete routine fence inspections and arr ange for prompt repairs or removal of any damage, graffiti, or loose screening. e. Ensure that no work or m aintenance of construction equipment is being performed on the site between 8 PM and 7 AM.
f. Ensure that all above securi ty requirements are complied with, and that all security hardware, f encing, and lighting a re maint ained in working order.
g. Ensure that thefts are imm ediately rep orted to the police department and that reasonable steps are taken, if evide nt, to prevent future similar incidents.

Exhibit A – Mitigation Monitoring & Reporting Program

141
THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE PARTY MONITORING PARTY IMPLEMENTATION STAGE LEVEL OF SIGNIFICANCE 4.1 Agriculture and Forestry Resources Summary of Impacts Threshold a: Less-than-Significant Impact. The conversion of the Project Site from a former commercial dairy to a non-agricultural (i.e., industrial) use would not affect any land that meets the CDC’s definition of Farmland. Potential soil excavation activities at the five excess fill dirt sites would not affect Farmland. No mitigation is required. N/A N/A N/A Less-than-Significant Impact Threshold b: Less-than-Significant Impact. Implementation of the Project would change the zoning designation on the Project Site from an agricultural to non-agricultural zone. In addition, Excess Fill Dirt Site Nos. 1, 3, 4, and 5, which contain land zoned for agricultural uses and/or are subject to active Williamson Act contracts, would be temporarily precluded from the ability to establish agricultural uses during soil excavation and transport activities during a portion of the Project’s construction process. However, because no agricultural activity is currently occurring on these properties and neither the Project Site nor any of the excess fill dirt sites are considered significant agricultural resources by the CDC's LESA model, implementation of the Project would not have a substantial adverse effect on local agricultural production. No mitigation is required. N/A N/A N/A Less-than-Significant Impact Threshold c: No Impact. The Project Site and the five excess fill dirt sites are not zoned for forest land; therefore, implementation of the Project would not conflict with any zoning for forest land resources. No mitigation is required. N/A N/A N/A No Impact 142
THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE PARTY MONITORING PARTY IMPLEMENTATION STAGE LEVEL OF SIGNIFICANCE Threshold d: No Impact. There are no forest lands, timberland, or Timberland Production-zoned land on the Project Site nor any of the excess fill dirt sites; therefore, implementation of the Project would not result in the loss of forest land or conversion of forest land to non-forest use. No mitigation is required. N/A N/A N/A No Impact Threshold e: Less-then-Significant Impact. Implementation of the Project would not involve other changes to the existing environment, which, due to their location or nature, could result in conversion of off-site Farmland to non-agricultural use or conversion of forest land to non-forest use. No mitigation is required. N/A N/A N/A Less-than-Significant Impact 4.2 Air Quality Summary of Impacts Threshold a: Significant Direct and Cumulatively-Considerable Impact. The Project would emit air pollutants that would contribute to a delay in the attainment of federal and State ozone standards in the SCAB. The Project also would exceed the growth projections contained in SCAQMD’s 2016 AQMP. As such, the Project would conflict with and could obstruct implementation of the AQMP. MM 4.2-1 The Project’s construction contractors shall comply with the provisions of South Coast Air Quality Management District Rule 403, “Fugitive Dust.” Rule 403 requires implementation of best available dust control measures during construction activities that generate fugitive dust, such as earth moving, grading, and equipment travel on unpaved roads. Prior to grading permit issuance, the City of Chino shall verify that the following notes are specified on the grading plan and within the construction management plan required in accordance with City of Chino Municipal Code Section 20.23.210. Project construction contractors shall be required to ensure compliance with the notes and permit periodic inspection of the construction site by City of Chino staff or its designee to confirm compliance. a) During grading and ground-disturbing construction activities, the construction contractor shall ensure that all unpaved roads, active soil stockpiles, and areas undergoing active ground disturbance within the Project Site and excess fill dirt Project Applicant; Project Construction Contractors City of Chino Development Services Department (Planning and Building Divisions) Prior to grading permit issuance Significant and Unavoidable Direct and Cumulatively-Considerable Impact 143
THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE PARTY MONITORING PARTY IMPLEMENTATION STAGE LEVEL OF SIGNIFICANCE sites are watered at least three (3) times daily during dry weather. Watering, with complete coverage of disturbed areas by water truck, sprinkler system, or other comparable means, shall occur in the mid-morning, afternoon, and after work is done for the day. The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust off-site. b) Temporary signs shall be installed on the construction site along all unpaved roads indicating a maximum speed limit of 15 miles per hour (MPH). The signs shall be installed before construction activities commence and remain in place for the duration of construction activities that include vehicle activities on unpaved roads. c) Gravel pads must be installed at all access points to prevent tracking of mud onto public roads. d) Install and maintain trackout control devices in effective condition at all access points where paved and unpaved access or travel routes intersect (e.g., install wheel shakers, wheel washers, limit site access). e) When materials are transported off-site, all material shall be covered or effectively wetted to limit visible dust emissions, and at least six inches of freeboard space from the top of the container shall be maintained. f) Post a publicly visible sign with the telephone number and person to contact regarding dust complaints. This person shall respond and initiate corrective action to legitimate complaints within 24 hours. 144
THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE PARTY MONITORING PARTY IMPLEMENTATION STAGE LEVEL OF SIGNIFICANCE g) Any soil binders to be utilized for erosion control shall be applied as soon as possible to reduce the disturbed area subject to erosion. h) Any on-site stock piles of debris, dirt, or other dusty material shall be covered or watered as necessary to minimize fugitive dust pursuant to SCAQMD Rule 403. i) A high wind response plan shall be formulated and implemented for enhanced dust control if winds are forecast to exceed 25 mph in any upcoming 24-hour period. MM 4.2-2 The Project’s construction contractors shall comply with the provisions of South Coast Air Quality Management District Rule 1186 “PM10 Emissions from Paved and Unpaved Roads and Livestock Operations” and Rule 1186.1, “Less-Polluting Street Sweepers” by complying with the following requirements. To ensure and enforce compliance with these requirements, prior to grading and building permit issuance, the City of Chino shall verify that the following notes are included on the grading and building plans and within the construction management plan required in accordance with City of Chino Municipal Code Section 20.23.210. Project construction contractors shall be required to ensure compliance with the notes and permit periodic inspection of the construction site by City of Chino staff or its designee to confirm compliance. a) If visible dirt or accumulated dust is carried onto paved roads during construction, the contractor shall remove such dirt and dust at the end of each work day by street cleaning. b) Street sweepers shall be certified by the South Coast Air Quality Management District as meeting the Rule 1186 sweeper certification procedures and requirements for PM10-efficient sweepers. All street Project Applicant; Project Construction Contractors City of Chino Development Services Department (Planning and Building Divisions) Prior to grading and building permit issuance 145
THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE PARTY MONITORING PARTY IMPLEMENTATION STAGE LEVEL OF SIGNIFICANCE sweepers having a gross vehicle weight of 14,000 pounds or more shall be powered with alternative (non-diesel) fuel or otherwise comply with South Coast Air Quality Management District Rule 1186.1. MM 4.2-3 Prior to grading permit issuance, the City of Chino Planning Division and City of Chino Engineering Division shall review and approve a construction management plan in accordance with City of Chino Municipal Code Section 20.23.210. The construction management plan also shall include the following notes. Project contractors shall be required to comply with these notes and permit periodic inspection of the construction site by City of Chino staff to confirm compliance. a) During grading activity, all off-road grading construction equipment with more than 50150 horsepower shall be California Air Resources Board (CARB) Tier 3 Compliant or better. If Tier 4 Final Compliant grading equipment can be reasonably acquired by the Project grading contractor, Tier 4 Final Compliant grading equipment shall be used in lieu of Tier 3 Compliant or Tier 4 Interim Compliant grading equipment. If Tier 4 Final Compliant grading equipment is not feasible to use during grading activity due to lack of local availability of such equipment, the Project Applicant or grading contractor(s) shall provide evidence to the City of Chino showing that the grading contractor(s) attempted to secure the use of Tier 4 Final Compliant grading equipment, but such equipment was not locally available (within a 50 mile radius). All Tier 3 Compliant and Tier 4 Interim Compliant grading equipment over 50 horsepower, if used, shall be fitted with Best Available Control Technology (BACT) devices, if technically feasible and if the BACT devices can be reasonably acquired by the Project grading contractor, to minimize air pollutant Project Applicant; Project Construction Contractors City of Chino Development Services Department (Planning and Building Divisions) Prior to grading permit issuance 146
THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE PARTY MONITORING PARTY IMPLEMENTATION STAGE LEVEL OF SIGNIFICANCE emissions. The grading contractor(s) shall keep a copy of each unit’s certified tier specification and California Air Resources Board (CARB) or South Coast Air Quality Management District operating permit (if applicable) on the Project Site in a location available to the City or City designee for inspection upon request. The City shall review and approve the list of grading equipment over 50 horsepower, their CARB tier levels, and list of BACT devices installed on Tier 3 Compliant and Tier 4 Interim Compliant grading equipment, prior to the mobilization of such equipment to the site. b) Signs shall be placed in areas on the Project Site and on the excess fill dirt sites where haul trucks will operate, identifying applicable California Air Resources Board (CARB) anti-idling regulations. At a minimum, each sign shall include: 1) instructions for truck drivers to shut off engines when not in use; 2) instructions for drivers of diesel trucks to restrict idling to no more than three (3) minutes once the vehicle is stopped, the transmission is set to “neutral” or “park,” and the parking brake is engaged; and 3) telephone numbers of the construction site supervisor and the CARB to report violations. c) If electric or non-diesel construction support equipment, including but not limited to forklifts, aerial lifts, materials lifts, hoists, and air compressors, can reasonably be acquired by Project construction contractors and can fulfill the Project’s construction requirements, such equipment shall be used during the building construction, paving, and architectural coating phases of Project construction and electric infrastructure for the onsite charging of such equipment shall be made available by the construction contractor or Project Applicant if electric-powered equipment will be used. If electric or non-diesel construction support equipment is not feasible to use 147
THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE PARTY MONITORING PARTY IMPLEMENTATION STAGE LEVEL OF SIGNIFICANCE during Project construction due to lack of local availability, the Project Applicant or construction contractor(s) shall provide evidence to the City of Chino showing that the contractor(s) attempted to secure the use of electric or non-diesel construction support equipment, but such equipment was not locally available (within a 50 mile radius). If electric or non-diesel construction support equipment is not feasible to use during Project construction because such equipment lacks the technical capabilities to fulfill the Project’s construction requirements, the Project Applicant or construction contractor(s) shall provide a letter or other form of documentation to the City of Chino that explains the technical reasons why electric and/or non-diesel equipment cannot be used. d) All on-road haul vehicles used during the course of Project construction, including but not limited to on-road haul vehicles used during soil import activities, shall use 2010 model year or newer vehicles that meet or exceed CARB’s 2010 engine emissions standards of 0.01 g/bhp-hr for particulate matter (PM) and 0.20 g/bhp-hr of NOX emissions. Project construction contractors shall keep records of all on-road vehicles during Project construction on the Project Site in a location available to the City or City designee for inspection upon request. e) Project construction contractors shall assure that all construction equipment complies with all applicable CARB air quality regulations. Also, Project construction contractors shall tune and maintain all construction equipment in accordance with the equipment manufacturer’s recommended maintenance schedule and specifications. Maintenance records for all pieces of equipment used for Project construction shall be kept on the Project Site in a location available to the City or City designee for inspection upon request for the duration of construction activities. 148
THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE PARTY MONITORING PARTY IMPLEMENTATION STAGE LEVEL OF SIGNIFICANCE f) The Project Applicant shall encourage construction contractors to apply for South Coast Air Quality Management District “SOON” funds. The “SOON” program provides funds to qualifying off-road diesel construction fleets for the purchase of commercially-available, low-emission heavy-duty engines. MM 4.2-4 Legible, durable, weather-proof signs shall be placed at truck access gates, loading docks, and truck parking areas that identify applicable California Air Resources Board (CARB) anti-idling regulations. At a minimum, each sign shall include: 1) instructions for truck drivers to shut off engines when not in use; 2) instructions for drivers of diesel trucks to restrict idling to no more than three (3) minutes once the vehicle is stopped, the transmission is set to “neutral” or “park,” and the parking brake is engaged; and 3) telephone numbers of the building facilities manager and the CARB to report violations. Prior to the issuance of an occupancy permit, the City of Chino shall conduct a site inspection to ensure that the signs are in place. Project Applicant City of Chino Development Services Department (Planning and Building Divisions) Prior to the issuance of an occupancy permit MM 4.2-5 Prior to the issuance of a building permit, the Project Applicant or successor in interest shall provide documentation to the City of Chino demonstrating that the Project is designed to exceed the California Energy Code (Title 24, Part 6) standards in effect at the time of building permit application submittal by three (3) percent and includes the energy efficiency design features listed below at a minimum. a) Preferential parking locations for carpool, vanpool, EVs and CNG vehicles; b) All outdoor cargo handling equipment (e.g., yard trucks, hostlers, yard goats, pallet jacks, forklifts) Project Applicant or successor in interest City of Chino Development Services Department (Planning and Building Divisions) Prior to the issuance of a building permit 149
THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE PARTY MONITORING PARTY IMPLEMENTATION STAGE LEVEL OF SIGNIFICANCE shall be non-diesel-powered; and c) All fixtures installed in restrooms and employee break areas shall be U.S. EPA Certified WaterSense or equivalent. MM 4.2-6 Prior to the issuance of a certificate of occupancy, the Project Applicant or successor in interest shall provide documentation to the City of Chino demonstrating that occupants/tenants of the Project Site will be provided documentation on funding opportunities, such as the Carl Moyer Program, that provide incentives for using cleaner-than-required engines and equipment. Project Applicant or successor in interest City of Chino Development Services Department (Planning and Building Divisions) Prior to the issuance of certificate of occupancy MM 4.2-7 Legible, durable, weather-proof signs shall be placed at driveways where delivery trucks exit onto public streets that direct truck drivers to designated truck routes. The City of Chino shall confirm the required signs are installed prior to issuance of an occupancy permit. Project Applicant City of Chino Development Services Department (Planning and Building Divisions) Prior to the issuance of an occupancy permit MM 4.2-8 Prior to the issuance of a shell building permit, the City of Chino shall confirm that building plans provide an electrical room sufficiently sized to hold an electrical panel(s) to support typical building operations as well as reasonably anticipated electrical hookups that may be needed at dock doors where the loading/unloading of trailers holding refrigerated/frozen goods would be expected to occur. Prior to the issuance of a building permit and/or tenant improvement permit for any building that contains refrigerated or freezer storage, an electrical hookup shall be provided at all dock doors that are designated for the loading/unloading of trailers holding refrigerated/frozen goods, for the purpose of plugging the refrigeration units installed on such trailers into the building’s electrical system. If refrigerated/freezer warehouse space is not proposed, electrical hookups at dock doors will not be required. Project Applicant City of Chino Development Services Department (Planning and Building Divisions) Prior to the issuance of a shell building permit and/or tenant improvement permit for any building that contains refrigerated or freezer storage 150
THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE PARTY MONITORING PARTY IMPLEMENTATION STAGE LEVEL OF SIGNIFICANCE Thresholds b: Significant Direct and Cumulatively-Considerable Impact. Project-related activities would exceed applicable SCAQMD regional thresholds for NOX emissions during construction and VOC and NOX emissions during long-term operation. Project-related emissions would violate SCAQMD air quality standards and contribute to the non-attainment of ozone standards in the SCAB. Refer to MM 4.2-3 through MM 4.2-8, above. Significant and Unavoidable Direct and Cumulatively-Considerable Impact Threshold c: Less-than-Significant Impact. The Project’s localized criteria pollution emissions during construction and operation would not exceed the applicable SCAQMD thresholds. The Project also would not expose sensitive receptors to toxic air contaminants (i.e., DPM) that exceed the applicable SCAQMD carcinogenic and non-carcinogenic risk thresholds. Lastly, the Project would not cause or contribute to the formation of a CO “hot spot.” No mitigation is required. N/A N/A N/A Less-than-Significant Impact Threshold d: Less-than-Significant Impact. The Project would not produce air emissions that would lead to unusual or substantial construction-related odors. Odors associated with long-term operation of the Project would be minimal and less than significant. The Project is required to comply with SCAQMD Rule 402, which prohibits the discharge of odorous emissions that would create a public nuisance. No mitigation is required. N/A N/A N/A Less-than-Significant Impact 4.3 Biological Resources Summary of Impacts Threshold a: Significant Direct and Cumulatively-Considerable Impact. The Project Site and excess fill dirt sites contain suitable foraging and nesting habitat for the burrowing owl. In the event the burrowing owl is present on the Project Site and/or excess MM 4.3-1 Within 14 days prior to the commencement of grading activities, a qualified biologist shall conduct a survey of the planned limits of ground disturbance and make a determination regarding the presence or absence of the burrowing owl. The determination shall be documented in a Project Biologist City of Chino Development Services Department (Planning and Building Divisions) Within 14 days prior to the commencement of grading activities Less-than-Significant Impact after Mitigation 151
THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE PARTY MONITORING PARTY IMPLEMENTATION STAGE LEVEL OF SIGNIFICANCE fill dirt sites at the time construction commences, implementation of the Project has the potential to take burrowing owl individuals. Also, Project construction activities have the potential to produce noise and use artificial lighting that could adversely affect the least Bell’s vireo and/or the tri-colored blackbird. report and shall be submitted, reviewed, and accepted by the City of Chino prior to the issuance of a grading permit and subject to the following provisions: a) In the event that the pre-construction survey detects no burrowing owls in the planned limits of ground disturbance, a grading permit may be issued without restriction. b) In the event that the pre-construction survey detects the burrowing owl within planned grading limits on the Project Site, then prior to the issuance of a grading permit and prior to the commencement of ground-disturbing activities on the Project Site the Project Applicant shall comply with MM 4.3-2. c) In the event that the pre-construction survey detects the burrowing owl within planned limits of ground disturbance on Excess Fill Dirt Site Nos. 1 through 5, which are located in The Preserve Specific Plan area and subject to the City of Chino Subarea 2 Resources Management Plan, then prior to the issuance of a grading permit and prior to the commencement of ground-disturbing activities at the respective excess fill dirt site, the Project Applicant shall comply with MM 4.3-3. MM 4.3-2 Applicable to the Project Site: In the event that the pre-construction survey identifies the presence of the burrowing owl on the Project Site, then prior to the commencement of ground-disturbing activities on the property: a) If a Project Site-specific exclusion and translocation plan for burrowing owl has not already been approved by the California Department of Fish and Wildlife (CDFW), the Project Applicant shall retain a qualified biologist to prepare such a plan for review and approval by the CDFW. This plan will identify the procedures to be followed to exclude and/or translocate burrowing owls from the Project Project Biologist City of Chino Development Services Department (Planning and Building Divisions) In the event that the pre-construction survey identifies the presence of the burrowing owl on the Project Site, then prior to the commencement of ground-disturbing activities on the property 152
THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE PARTY MONITORING PARTY IMPLEMENTATION STAGE LEVEL OF SIGNIFICANCE Site, with separate procedures identified for during the breeding season and outside of the breeding season. For translocated owls, natural or artificial burrows shall be provided at a 2:1 ratio at an off-site relocation area. Prior to disturbance of occupied burrows, natural or artificial replacement burrows shall be provided at a ratio of 2:1 within a City-approved relocation area. A qualified biologist shall confirm the replacement burrows are unoccupied and suitable for burrowing owl use prior to disturbance of occupied burrows. b) No ground disturbance (clearing, grubbing, grading) shall occur within 50 meters of occupied burrows during the non-breeding season (September 1 through January 31) or within 10075 meters of occupied burrows during the breeding season (February 1 through August 31), until the owls have fledged or have been relocated per the CDFW-approved exclusion and translocation plan. Project Applicant provides evidence to the City of Chino that suitable replacement burrows have been provided. All occupied burrows shall have a visible marker placed near them to ensure that ground-disturbing equipment and machinery do not come within the specified distance to prevent disturbance of the owls or collapse of the burrows. This disturbance prohibition and burrow collapse prevention requirement is subject to subsections (a) and (c) of this MM 4.3-2. c) Owls shall not be excluded or translocated from occupiedOccupied burrows shall not be disturbed during the nesting season (February 1 through August 31) unless a qualified biologist approved by the CDFW verifies through non-invasive methods that either: 1) the birds have not begun egg-laying and incubation; or 2) that juveniles from the occupied burrows are foraging independently and are capable of independent survival. 153
THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE PARTY MONITORING PARTY IMPLEMENTATION STAGE LEVEL OF SIGNIFICANCE d) If burrowing owls are present at the time occupied burrows are to be disturbed, the owls shall be excluded from the site in accordance with the California Department of Fish and Game 2012 Staff Report. MM 4.3-3 Applicable to Excess Fill Dirt Site Nos. 1 through 5: In the event that the pre-construction survey identifies the presence of the burrowing owl at an excess fill dirt site, the Project Applicant shall ensure at minimum that Project-related activities occur in conformance with the burrowing owl mitigation standards established by the City of Chino Subarea 2 Resources Management Plan. a) Prior to disturbance of occupied burrows, natural or artificial replacement burrows shall be provided at a ratio of 2:1 within a City-designated relocation area. A qualified biologist shall confirm the replacement burrows are unoccupied and suitable for burrowing owl use prior to disturbance of occupied burrows. b) No disturbance shall occur within 50 meters of occupied burrows during the non-breeding season (September 1 through January 31) or within 75 meters of occupied burrows during the breeding season (February 1 through August 31), until the Project Applicant provides evidence to the City of Chino that suitable replacement burrows have been provided. c) Occupied burrows shall not be disturbed during the nesting season (February 1 through August 31) unless a qualified biologist approved by the CDFW verifies through non-invasive methods that either: 1) the birds have not begun egg-laying and incubation; or 2) that juveniles from the occupied burrows are foraging independently and are capable of independent survival. d) If burrowing owls are present at the time occupied burrows are to be disturbed, the owls shall Project Biologist City of Chino Development Services Department (Planning and Building Divisions) In the event that the pre-construction survey identifies the presence of the burrowing owl at an excess fill dirt site 154
THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE PARTY MONITORING PARTY IMPLEMENTATION STAGE LEVEL OF SIGNIFICANCE be excluded from the site in accordance with the California Department of Fish and Game 2012 Staff Report on Burrowing Owl Mitigation and the protocol established in Table 4-6 of the City of Chino Subarea 2 Resources Management Plan. e) If the City of Chino has established a mitigation fee program for the long-term management of burrowing owl habitat as recommended by the City of Chino Subarea 2 Resources Management Plan prior to issuance of the first grading permit, then the Project Applicant shall pay the appropriate mitigation fee to the City of Chino. MM 4.3-4 Prior to the issuance of a grading permit, a qualified biologist retained by the Project Applicant and approved by the City of Chino shall prepare maps showing the locations of known least Bell’s vireo territories and/or tri-colored blackbird nesting colonies located within 500 feet of the Project Site, the Project’s off-site improvement area, and the excess fill dirt sites Excess Fill Dirt Site Nos. 1, 3, and 4. Such locations shall be indicated on the grading plan as reference, and shall be provided to the City of Chino to be included as part of the construction management plan required as part of Mitigation Measure MM 4.3-5. The following shall apply within these 500-foot radius areas: MM 4.3-4(a) Vegetation and ground disturbance is permitted to occur without restriction from September 16 to March 14. From March 15 through September 15 (the least Bell’s vireo and tri-colored blackbird nesting season), subject to MM 4.3-5, no vegetation clearing or ground disturbance shall be permitted in the 500-foot radius areas of the identified nesting colonies unless a nesting bird survey is completed in accordance with the following requirements: Project Biologist City of Chino Development Services Department (Planning and Building Divisions) Prior to the issuance of a grading permit 155
THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE PARTY MONITORING PARTY IMPLEMENTATION STAGE LEVEL OF SIGNIFICANCE a) A bird nesting survey, including suitable habitat within a 500-foot radius, shall be conducted by a qualified biologist within three (3) days prior to initiating vegetation clearing or ground disturbance. A copy of the nesting bird survey results report shall be provided to the City of Chino. b) If the survey identifies the presence of active nests, then a qualified biologist shall provide the City with a copy of maps showing the location of all active nests and a species-appropriate buffer zone around each active nest sufficient to protect the nest from substantial adverse direct and/or indirect impacts. The qualified biologist may make other recommendations to determine the size of the buffer zone (such as the installation of temporary noise barriers per MM 4.3-5). The size and location of all buffer zones, if required, shall be determined by the qualified biologist and subject to review and approval by the City. The locations of any active nests and the size and location of all buffer zones determined by the qualified biologist and approved by the City shall be indicated on the grading plan as reference, and shall be included as part of the construction management plan required as part of MM 4.3-5. 1. The approved buffer zones (i.e., active bird nest protection zones) shall be marked in the field with construction fencing. No construction vehicles shall be permitted within these zones unless directly related to the management or protection of the legally protected bird species, until all nestlings have fledged and left the nest (or the nest has failed) as confirmed by a professional biological monitor. The biological monitor shall have authority to divert construction activities if nesting pairs exhibit signs of disturbance. 2. In the event that a nest is abandoned despite the established buffer as determined by a qualified biologist, if the nestlings are still alive, the Project Applicant/Developer or its designee shall contact the 156
THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE PARTY MONITORING PARTY IMPLEMENTATION STAGE LEVEL OF SIGNIFICANCE California Department of Fish and Wildlife (CDFW) and, subject to CDFW approval, fund the recovery and hacking (controlled release of captive reared young) of the nestling(s). MM 4.3-5 Prior to grading permit issuance, the City of Chino Planning Division and City of Chino Engineering Division shall review and approve a construction management plan in accordance with City of Chino Municipal Code Section 20.23.210. The construction management plan shall include the following notes. Project contractors shall be required to comply with these notes and permit periodic inspection of the construction site by City of Chino or the City’s designee staff to confirm compliance. a) In the event that grading, excavation, and/or soil export activities at Excess Fill Dirt Site Nos. 1, 3, and/or 4 occur during the least Bell’s vireo and tri-colored blackbird nesting seasons (March 15 to September 15) and within 500 feet of known active least Bell’s vireo nests and territories and/or tri-colored blackbird active nests and nesting colonies, the Project Applicant shall install an on-site temporary noise barrier, as needed, to ensure these active territories, nests, and/or nesting colonies are not exposed to noise levels in excess of 65 dBA Leq. The location, height, and sound attenuation rating of the temporary barrier will be as determined by a qualified biologist and approved by the City of Chino. The biologist shall conduct Nnoise monitoring shall occur of active nest, colony, and territory locations for the duration of construction activities during the nesting season as needed to ensure the least Bell’s vireo and tri-colored blackbird are not exposed to construction noise that exceeds 65 dBA Leq. b) Any artificial light fixtures used on the Project Site and excess fill dirt sites during construction shall be placed in an appropriate location and include Project Biologist City of Chino Planning Division and City of Chino Engineering Division Prior to grading permit issuance 157
THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE PARTY MONITORING PARTY IMPLEMENTATION STAGE LEVEL OF SIGNIFICANCE appropriate design features (e.g., shielding, cut-off devices, etc.) to preclude substantial illumination beyond the Project Site and excess fill dirt site boundaries and within 500 feet within the buffer zones established by MM 4.3-4(a) around of known active least Bell’s vireo territories or nests and/or active tri-colored blackbird nests or nesting colonies. Threshold b: Less-than-Significant Impact. The Project would not result in permanent adverse impacts to riparian or other sensitive habitats as defined by the CDFW or USFWS. No mitigation is required. N/A N/A N/A Less-than-Significant Impact Threshold c: Less-than-Significant Impact. The Project is designed to avoid all impacts to Corps, RWQCB, and CDFW jurisdiction waters. No mitigation is required. N/A N/A N/A Less-than-Significant Impact Threshold d: Significant Direct and Cumulatively-Considerable Impact. There is no potential for the Project to interfere with the movement of fish or impede the use of a native wildlife nursery site. However, the Project has the potential to impact nesting migratory birds protected by the MBTA and California Fish and Game Code, should habitat removal occur during the nesting season and should nesting birds be present. MM 4.3-6 All vegetation clearing and ground disturbance shall be prohibited during the bird nesting season (January 31 through September 1), unless a nesting bird survey is completed in accordance with the following requirements: a) A bird nesting survey of the Project Site, off-site improvement area, and excess fill dirt sites, including suitable habitat within a 250-foot radius, shall be conducted by a qualified biologist within three (3) days prior to initiating vegetation clearing or ground disturbance at the respective property. A copy of the nesting bird survey results report shall be provided to the City of Chino. b) If the survey does not identify the presence of any active nests, then construction activities can proceed without restriction. c) If the survey identifies the presence of active nests, then the qualified biologist shall provide the City with a copy of maps showing the location of all nests and a species-appropriate buffer zone around each nest sufficient to protect the nest from substantial adverse direct and/or indirect impacts. The size and Project Biologist City of Chino Development Services Department (Planning and Building Divisions) Within three (3) days prior to initiating vegetation clearing or ground disturbance Less-than-Significant Impact after Mitigation 158
THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE PARTY MONITORING PARTY IMPLEMENTATION STAGE LEVEL OF SIGNIFICANCE location of all buffer zones, if required, shall be subject to review and approval by the City. 1. The nests and buffer zones shall be field checked weekly by a qualified biological monitor. The approved buffer zone shall be marked in the field with construction fencing. No construction vehicles shall be permitted within restricted areas (i.e., bird protection zones), unless directly related to the management or protection of the legally protected species, until all nestlings have fledged and left the nest (or the nest has failed). 2. In the event that a nest is abandoned despite efforts to minimize disturbance and, if the nestlings are still alive, the Project Applicant/Developer shall contact the California Department of Fish and Wildlife (CDFW) and, subject to CDFW approval, fund the recovery and hacking (controlled release of captive reared young) of the nestling(s). Threshold e: Less-than-Significant Impact. The Project would not conflict with any local policies or ordinances protecting biological resources. MM 4.3-7 Prior to the issuance of the first certificate of occupancy for the Project, the Project Applicant shall provide evidence to the City of Chino in the form of a letter prepared by a professional biologist that all areas within non-golf course areas of the off-site improvement area and excess fill dirt sites that were disturbed during Project construction have been planted with a native hydroseed mix that contains pioneer and early successional stage species designed to outcompete non-native species, with the exception of an approximately 0.8-acre area along the southern and eastern boundary of Excess Fill Dirt Site No. 4 that is to be planted with a coastal sage scrub hydroseed mix that matches the species that are present in the adjacent Mill Creek Wetlands. The application of hydroseed in the off-site improvement area that occurs on the El Prado Golf Course property shall be approved by the golf course owner/operator, which may be a replacement of ornamental grasses and shrubs. The application(s) of all hydroseeding Project Applicant City of Chino Development Services Department (Planning and Building Divisions) Prior to the issuance of the first certificate of occupancy for the Project Less-than-Significant Impact 159
THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE PARTY MONITORING PARTY IMPLEMENTATION STAGE LEVEL OF SIGNIFICANCE shall be performed as close as possible to the rainy season to allow the seed mix to establish and have the best possibility to succeed. The Project Applicant or their designee shall conduct annual maintenance for three years within the 0.8-acre area at Excess Fill Dirt Site No. 4 hydroseeded as coastal sage scrub. MM 4.3-8 Prior to the issuance of the permit that would allow the construction of the Project’s off-site storm drain connection to the Cypress Channel, the City of Chino Planning Division and City of Chino Engineering Division shall review and approve a construction management plan in accordance with City of Chino Municipal Code Section 20.23.210. The construction management plan shall include the following note. Project contractors shall be required to comply with these notes and permit periodic inspection of the construction site by City of Chino staff to confirm compliance. a) During construction of the Project’s storm drain outlet within the Cypress Channel, a tarp shall be installed above the ordinary high water mark (OHWM) on the east face of the wing wall to prevent construction debris from entering the Channel; access to the Channel shall only be made on foot; all construction activities shall be performed using hand tools; and, the storm drain outlet shall be installed above the OHWM. b) Prior to the construction of the Project’s storm drain outlet within the Cypress Channel, or ground disturbance within areas potentially subject to Fish and Game Code Section 1602, the City of Chino or the Project Applicant shall conduct a thorough review of the Project Site, off-site improvement areas, and excess fill dirt sites, in coordination with an experienced biologist or biological consultant, to determine areas potentially subject to Fish and Game Code section 1602 and notify CDFW per Fish and Project Applicant; Project Construction Contractors City of Chino Development Services Department (Planning and Building Divisions) Prior to the issuance of the permit that would allow the construction of the Project’s off-site storm drain connection to the Cypress Channel 160
THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE PARTY MONITORING PARTY IMPLEMENTATION STAGE LEVEL OF SIGNIFICANCE Game Code section 1602 if these areas cannot be avoided. MM 4.3-9 As determined by a qualified biologist to be retained by the Project Applicant and approved by the City of Chino, if the Project, including Project construction or any Project-related operational activity, is reasonably anticipated to result in unavoidable impacts to CESA- listed species, the Project Applicant or successor in interest shall seek appropriate authorization from the CDFW prior to Project implementation. This includes an incidental take permit (ITP) or other CESA authorization. Information on how to obtain an ITP can be found at: https://wildlife.ca.gov/Conservation/CESA/Permitting/Incidental-TakePermits Project Applicant, Project Biologist City of Chino Development Services Department, Planning Division and CDFW Prior to Project implementation Threshold f: No Impact. The Project is not subject to any adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or State habitat conservation plan. No mitigation is required. N/A N/A N/A No Impact 4.4 Cultural Resources Summary of Impacts Threshold a: Significant Direct and Cumulatively-Considerable Impact. None of the historical resources present within the Project Site or the excess fill dirt sites are considered to be a significant resource pursuant to CEQA Guidelines Section 15064.5. Nonetheless, the potential exists for Project construction activities to result in impacts to historical resources that may be buried/masked on the sites. MM 4.4-1 Prior to the issuance of a grading permit, the Project Applicant shall provide evidence to the City of Chino that a qualified archaeologist (hereafter “Project Archaeologist”) has been retained to conduct the training and monitoring activities described in Mitigation Measure 4.4-2 and Mitigation Measure 4.4-3. Project Applicant City of Chino Development Services Department (Planning and Building Divisions) Prior to the issuance of a grading permit Less-than-Significant Impact after Mitigation MM 4.4-2 Prior to the issuance of a grading permit, the Project Applicant or construction contractor shall provide evidence to the City of Chino that the construction site supervisors and crew members involved with grading and trenching operations have Project Applicant or Project Construction Contractor; Project Archaeologist City of Chino Development Services Department (Planning and Prior to the issuance of a grading permit 161
THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE PARTY MONITORING PARTY IMPLEMENTATION STAGE LEVEL OF SIGNIFICANCE received training by the Project Archaeologist to recognize historical and archaeological resources should such resources be unearthed during ground-disturbing construction activities. The training will include a brief review of the cultural sensitivity of the area; what resources could potentially be identified during earthmoving activities; the requirements of the monitoring program; the protocols that apply in the event inadvertent discoveries of cultural resources are identified, including who to contact and appropriate avoidance measures until the find(s) can be properly evaluated; and any other appropriate protocols. All new supervisorial construction personnel involved with grading and trenching operations that begin work on the Project Site or the excess fill dirt sites following the initial training session must take the training prior to beginning work. Building Divisions) MM 4.4-3 The Project Archaeologist shall conduct monitoring in the locations shown on Figure 4.4-1 through Figure 4.4-6. The Project Archaeologist shall be equipped to salvage artifacts if they are unearthed to avoid construction delays. Within the areas where full-time monitoring is required, monitoring shall occur during all grading, trenching, and excavation activities between zero and four feet below the existing ground surface. Within the areas where part-time monitoring is required, monitoring shall occur one to two times per week only during active grading, trenching, or excavation activities up to four feet below the existing ground surface. No monitoring – either part-time or full-time – is required deeper than four feet below the existing ground surface. Should the Project Archaeologist determine that there are no archaeological resources within the Project’s disturbance area or should the archaeological sensitivity be reduced to low during construction activities, archaeological monitoring activities shall be allowed to cease. Project Applicant; Project Archaeologist City of Chino Development Services Department (Planning and Building Divisions) During monitoring activities 162
THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE PARTY MONITORING PARTY IMPLEMENTATION STAGE LEVEL OF SIGNIFICANCE MM 4.4-4 If a suspected significant archaeological resource is found, the construction supervisor shall immediately halt and redirect grading operations in a 50-foot radius around the find and seek identification and evaluation of the suspected resource by the Project Archaeologist. This requirement shall be noted on all grading plans and the construction contractor shall be obligated to comply with the note. The Project Archaeologist shall evaluate the suspected resource and make a determination of significance pursuant to CEQA Guidelines Section 15064.5 and California Public Resources Code Section 21083.2. If the resource is significant, Mitigation Measure 4.4-5 shall apply. Project Applicant; Project Construction Contractor; Project Archaeologist City of Chino Development Services Department (Planning and Building Divisions) If a suspected significant archaeological resource is found MM 4.4-5 If a significant archaeological resource is discovered, ground disturbing activities shall be suspended 50 feet around the resource until a treatment plan is implemented. A treatment plan shall be prepared and implemented, subject to approval by the City of Chino, to protect the identified resource(s) from damage and destruction. The treatment plan shall contain a research design and data recovery program necessary to document the size and content of the discovery such that the resource(s) can be evaluated for significance under CEQA criteria. The research design shall list the sampling procedures appropriate to exhaust the research potential of the archaeological resource(s) in accordance with current professional archaeology standards. In the event the discovered resource(s) is or suspected to be of Native American origin, the treatment plan shall require monitoring by the appropriate Native American Tribe(s) during data recovery and shall require that all recovered artifacts undergo basic field analysis and documentation or laboratory analysis, whichever is appropriate. At the completion of the basic field analysis and documentation or laboratory analysis, any recovered resource(s) shall be processed and Project Applicant; Project Archaeologist City of Chino Development Services Department (Planning and Building Divisions) If a significant archaeological resource is discovered 163
THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE PARTY MONITORING PARTY IMPLEMENTATION STAGE LEVEL OF SIGNIFICANCE curated according to current professional repository standards. The collections and associated records shall be donated to an appropriate curation facility, or, the artifacts may be delivered to the appropriate Native American Tribe(s) if that is recommended by the City of Chino. A final report containing the significance and treatment findings shall be prepared by the archaeologist and submitted to the City of Chino, the South Central Coastal Information Center at California State University, Fullerton, and the appropriate Native American Tribe(s). Threshold b: Significant Direct and Cumulatively-Considerable Impact. None of the prehistoric resources present within the Project Site or the excess fill dirt sites are considered to be a significant resource pursuant to CEQA Guidelines Section 15064.5. Nonetheless, the potential exists for Project construction activities to result in a direct and cumulatively-considerable impact to important prehistoric resources that may be buried/masked on the sites. Refer to MM 4.4-1 through MM 4.4-5, above. Less-than-Significant Impact after Mitigation Threshold c: Less-than-Significant Impact. In the unlikely event that human remains are discovered during Project grading or other ground disturbing activities, the Project would be required to comply with the applicable provisions of California Health and Safety Code § 7050.5 and California Public Resources Code § 5097 et seq. Mandatory compliance with State law would ensure that human remains, if encountered, are appropriately treated and would preclude the potential for significant impacts to human remains. No mitigation is required. N/A N/A N/A Less-than-Significant Impact 4.5 Energy Summary of Impacts Threshold a: Less-than-Significant Impact. The amount of energy and fuel consumed by No mitigation is required. N/A N/A N/A Less-than-Significant Impact 164
THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE PARTY MONITORING PARTY IMPLEMENTATION STAGE LEVEL OF SIGNIFICANCE construction and operation of the Project would not be inefficient, wasteful, or unnecessary. Furthermore, the Project would not cause or result in the need for additional energy facilities or energy delivery systems. Threshold b: Less-than-Significant Impact. The Project would not cause or result in the need for additional energy production or transmission facilities. The Project would not conflict with or obstruct the achievement of energy conservation goals within the State of California identified in State and local plans for renewable energy and energy efficiency. No mitigation is required. N/A N/A N/A Less-than-Significant Impact 4.6 Geology and Soils Summary of Impacts Threshold a: Less-than-Significant Impact. The Project would not expose people or structures to substantial direct or indirect adverse effects related to liquefaction or fault rupture. The Project Site is subject to seismic ground shaking associated with earthquakes; however, mandatory compliance with local and State ordinances and building codes including, but not limited to, the CBSC (Chapter 18) and City of Chino Municipal Code § 19.08.010, would ensure that the Project minimizes potential hazards related to seismic ground shaking. No mitigation is required. N/A N/A N/A Less-than-Significant Impact 165
THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE PARTY MONITORING PARTY IMPLEMENTATION STAGE LEVEL OF SIGNIFICANCE Threshold b: Less-than-Significant Impact. The Project would not result in substantial soil erosion or loss of topsoil. The issuance of a National Pollutant Discharge Elimination System (NPDES) permit will be required for construction activities and construction activities will be required to adhere to a Storm Water Pollution Prevention Plan (SWPPP), SCAQMD Rule 403, and Chino Municipal Code § 19.09.03 to minimize construction-related water and wind erosion. The Project Applicant or successors in interest also will be required to implement a Water Quality Management Plan (WQMP) during the lifetime of the Project’s operation, which would preclude substantial erosion impacts in the long-term. No mitigation is required. N/A N/A N/A Less-than-Significant Impact Threshold c: Less-than-Significant Impact. The Project Site and the excess fill dirt sites are not located within mapped liquefaction, landslide, or other soil hazard zones. Furthermore, the City of Chino will require that the Project be constructed in conformance with the Project Site’s geologic engineering report to preclude potential hazards related to unstable soils. No mitigation is required. N/A N/A N/A Less-than-Significant Impact Threshold d: Less-than-Significant Impact. The Project Site and the excess fill dirt sites contain expansive soils; however, mandatory compliance with the recommendations contained within the Project Site’s geologic engineering report will ensure that expansive soils are adequately attenuated to preclude substantial direct or indirect risks to life or property. No mitigation is required. N/A N/A N/A Less-than-Significant Impact 166
THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE PARTY MONITORING PARTY IMPLEMENTATION STAGE LEVEL OF SIGNIFICANCE Threshold e: No Impact. No septic tanks or alternative wastewater disposal systems are proposed to be installed on the Project Site or any of the proposed excess fill dirt sites. Accordingly, no impact would occur associated with soil compatibility for wastewater disposal systems. No mitigation is required. N/A N/A N/A No Impact Threshold f: Significant Direct and Cumulatively-Considerable Impact. The Project would not impact any known paleontological resource or unique geological feature. However, the Project Site and the excess fill dirt sites contain alluvium soils with a high sensitivity for paleontological resources. Accordingly, Project construction activities have the potential to unearth and adversely impact paleontological resource that may be buried beneath the ground surface if the resources are not properly identified and treated. MM 4.6-1 Prior to the issuance of a grading permit, the Project Applicant shall provide evidence to the City of Chino that a qualified paleontologist has been retained to conduct monitoring of grading and excavation operations in areas identified in MM 4.6-2. Project Applicant; Project Paleontologist City of Chino Development Services Department (Planning and Building Divisions) Prior to the issuance of a grading permit Less-than-Significant Impact after Mitigation MM 4.6-2 The paleontological monitor shall conduct full-time monitoring during grading and excavation operations in undisturbed, very old alluvial fan sediments. Full time monitoring shall occur for earthwork and excavations at depths greater than four (4) feet below the ground surface. Periodic monitoring (one to two visits per week) shall be performed for earthwork and excavations between two (2) and four (4) feet below the ground surface. No monitoring is required for earthwork and excavations at the ground surface and up to two (2) feet below the ground surface. The paleontological monitor shall be equipped to salvage fossils if they are unearthed to avoid construction delays and to remove samples of sediments that may contain the remains of small fossil invertebrates and vertebrates. The paleontological monitor shall be empowered to temporarily halt or divert equipment to allow the removal of abundant and large specimens in a timely manner. In such a Project Applicant; Project Paleontologist City of Chino Development Services Department (Planning and Building Divisions) During monitoring activities 167
THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE PARTY MONITORING PARTY IMPLEMENTATION STAGE LEVEL OF SIGNIFICANCE situation, the monitor may establish a 50-foot radius surrounding the area of the find, and, construction activities in areas outside this 50-foot radius can proceed. The significance of the discovered resources shall be determined by the paleontologist. If the resource is significant, Mitigation Measure MM 4.6-3 shall apply. Monitoring may be reduced if the potentially fossiliferous units are not present in the subsurface, or if present, are determined upon exposure and examination by qualified paleontological personnel to have a low potential to contain or yield fossil resources. MM 4.6-3 If a significant paleontological resource is discovered on the Project Site or any of the excess fill dirt sites, discovered fossils or samples of such fossils shall be collected and identified by a qualified paleontologist. Significant specimens recovered shall be properly recorded, treated, and donated to the San Bernardino County Museum, Division of Geological Sciences, or other repository with permanent retrievable paleontological storage. A qualified paleontologist shall prepare a final report that itemizes any fossils recovered, with maps to accurately record the original location of recovered fossils, and contains evidence that the resources were curated by an established museum repository. The report shall be submitted to the City of Chino prior to issuance of the first certificate of occupancy. Project Applicant; Project Paleontologist City of Chino Development Services Department (Planning and Building Divisions) If a significant paleontological resource is discovered on the Project Site or any of the excess fill dirt sites 4.7 Greenhouse Gas Emissions Summary of Impacts Threshold a: Less-than-Significant Impact. The Project would be conditioned to comply with the City of Chino CAP. The City of Chino’s CAP is a geographically-specific GHG emissions reduction plan that was adopted by the City for purposes of reducing City-wide GHG emissions in a manner consistent with AB 32 and applicable State No mitigation is required. N/A N/A N/A Less-than-Significant Impact 168
THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE PARTY MONITORING PARTY IMPLEMENTATION STAGE LEVEL OF SIGNIFICANCE legislation. Further, the validity of the City’s CAP was challenged and the challenge was dismissed by the California Superior Court. As such, the Court upheld the validity of the CAP. Therefore, implementation of the Project would not generate substantial GHG emissions – either directly or indirectly – that would have a significant impact on the environment. Threshold b: Less-than-Significant Impact. The Project would be consistent with or otherwise would not conflict with, applicable regulations, policies, plans, and policy goals that would further reduce GHG emissions. No mitigation is required. N/A N/A N/A Less-than-Significant Impact 4.8 Hazards and Hazardous Materials Summary of Impacts Thresholds a and b: Less-than-Significant Impact. During Project construction and operation, mandatory compliance to federal, State, and local regulations would ensure that the proposed Project would not create a significant hazard to the environment due to routine transport, use, disposal, or upset of hazardous materials. No mitigation is required. N/A N/A N/A Less-than-Significant Impact Threshold c: No Impact. The Project site is not located within one-quarter mile of any existing or proposed school and only temporary soil excavation and exporting activity is proposed on the excess fill dirt sites, which would not pose a significant hazard to school sites. Accordingly, the Project would not emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school. No mitigation is required. N/A N/A N/A No Impact 169
THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE PARTY MONITORING PARTY IMPLEMENTATION STAGE LEVEL OF SIGNIFICANCE Threshold d: No Impact. Neither the Project Site nor any of the excess fill dirt sites are located on any list of hazardous materials sites complied pursuant to Government Code § 65962.5. No mitigation is required. N/A N/A N/A No Impact Threshold e: Less-than-Significant Impact. The Project is consistent with the restrictions and requirements of the 1991 Chino ALUCP and 2008 Chino ALUCP. As such, the Project would not result in an airport safety hazard for people residing or working in the Project area. No mitigation is required. N/A N/A N/A Less-than-Significant Impact Threshold f: Less-than-Significant Impact. The Project Site and proposed excess fill dirt sites do not contain any emergency facilities or serve as an emergency evacuation route. During construction and long-term operation, adequate emergency vehicle access is required to be provided. Accordingly, implementation of the Project would not impair implementation of or physically interfere with an adopted emergency response plan or an emergency evacuation plan. No mitigation is required. N/A N/A N/A Less-than-Significant Impact Threshold g: No Impact. The Project Site is not located in close proximity to wildlands or areas with high fire hazards. In addition, the proposed excess fill dirt sites are only be utilized for temporary soil exporting activity – no development would occur; therefore, no people or structures would be exposed to a significant wildland fire risk. No mitigation is required. N/A N/A N/A No Impact 4.9 Hydrology and Water Quality Summary of Impacts Threshold a: Less-than-Significant Impact. The Project would not violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality. Adherence to a NPDES Permit, SWPPP and WQMP, as well as compliance with City of No mitigation is required. N/A N/A N/A Less-than-Significant Impact 170
THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE PARTY MONITORING PARTY IMPLEMENTATION STAGE LEVEL OF SIGNIFICANCE Chino Municipal Code Chapter 13.25, are required as part of the Project’s implementation to address construction- and operational-related water quality. Threshold b: Less-than-Significant Impact. The Project would not physically impact any of the major groundwater recharge facilities in the Chino Groundwater Basin. The Project would not substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the Project would impede sustainable groundwater management of the Basin. No mitigation is required. N/A N/A N/A Less-than-Significant Impact Threshold c: Less-than-Significant Impact. The Project’s construction and operational activities would be required to comply with applicable water quality regulatory requirements to minimize erosion, siltation, and water quality pollutants. Additionally, the Project would not result in flooding and would not adversely affect the capacity of the Prado Dam Reservoir Area that would impede or redirect flood flows. Lastly, the Project would not create or contribute runoff that would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff. No mitigation is required. N/A N/A N/A Less-than-Significant Impact Threshold d: No Impact. The Project Site and excess fill dirt sites would not be subject to inundation from tsunamis, seiches, or other hazards. The capacity of the Prado Dam Reservoir Area would be improved as a result of the Project. No mitigation is required. N/A N/A N/A No Impact Threshold e: Less-than-Significant Impact. The Project would not conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan. No mitigation is required. N/A N/A N/A Less-than-Significant Impact 171
THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE PARTY MONITORING PARTY IMPLEMENTATION STAGE LEVEL OF SIGNIFICANCE 4.10 Land Use and Planning Summary of Impacts Threshold a: Less-than-Significant Impact. The Project would not physically divide an established community. No mitigation is required. N/A N/A N/A Less-than-Significant Impact Threshold b: Less-than-Significant Impact. The Project’s proposed General Plan Amendment and Zone Change would eliminate inconsistencies between the proposed land uses and the Project Site’s existing General Plan land use designations and zoning classifications. The Project would not cause a significant environmental impact due to a conflict with any other land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect, beyond those conflicts that already are identified as significant impacts in other Subsections of this EIR. No mitigation is required. N/A N/A N/A Less-than-Significant Impact 4.11 Noise Summary of Impacts Threshold a: Significant Direct and Cumulatively Considerable Impact. The Project would expose one noise-sensitive receptor location (i.e., Receptor R10, the location of one existing home and the planned location of future residential community) abutting the northwest corner of Excess Fill Dirt Site No. 4 to excessive construction noise only if this location is occupied by residents at the time proposed dirt excavation and export activity occurs. In addition, the Project’s traffic noise contributions during construction-related soil export activities at the excess fill dirt sites would expose noise-sensitive receptors located along the haul route to noise levels exceeding established noise level standards. MM 4.11-1 Prior to issuance of any grading permits or other approvals involving the excavation and/or export of earth materials at Excess Fill Dirt Site No. 4, the City of Chino Planning Division and City of Chino Engineering Division shall review and approve a construction management plan in accordance with City of Chino Municipal Code Section 20.23.210. The construction management plan shall be prepared outlining the noise reduction measures to be implemented during excavation and export activities at Excess Fill Dirt Site No. 4 only if the location of Receptor R10 (an existing residential home south of Chino Corona Road and west of Excess Fill Dirt Site No. 4 and the planned location of a future master-planned residential community) is occupied with residents at the time of the proposed construction activities at Excess Fill Dirt Site No. 4. Project contractors shall be required to comply with at least Project Applicant; Project Construction Contractors City of Chino Development Services Department (Planning and Building Divisions) Prior to issuance of any grading permits or other approvals involving the excavation and/or export of earth materials at Excess Fill Dirt Site No. 4 Significant and Unavoidable Direct and Cumulatively-Considerable Impact 172
THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE PARTY MONITORING PARTY IMPLEMENTATION STAGE LEVEL OF SIGNIFICANCE one of the abatement measures listed below ensure that the location of Receptor R10 would not be exposed to construction noise that exceeds 65 dBA Leq, or implement an alternative approved by the City of Chino that provides an equivalent level of noise attenuation, and maintain written records of such compliance that can be inspected by the City of Chino upon request. a) An eight (8)-foot-tall construction noise barrier shall be constructed along the northwest corner of Excess Fill Dirt Site No. 4 abutting property with an occupied residential structure. The location and maximum extent of the construction noise barrier is illustrated on EIR Figure 4.11-6, Construction Noise Mitigation, and Exhibit ES-C from the report titled “Majestic Chino Heritage Noise Impact Analysis,” prepared by Urban Crossroads and dated August 12, 2019. The construction noise barrier shall meet the following minimum standards: i.) The temporary noise barrier shall provide a minimum transmission loss of 20 dBA (Federal Highway Administration, Noise Barrier Design Handbook). The noise barrier shall be constructed using an acoustical blanket (e.g. vinyl acoustic curtains or quilted blankets) attached to a construction site perimeter fence or equivalent temporary fence posts or barrier materials; ii.) The noise barrier must be maintained, and any damage promptly repaired. Gaps, holes, or weaknesses in the barrier or openings between the barrier and the ground shall be promptly repaired; and iii.) The noise control barrier and associated elements shall be completely removed upon the conclusion of the construction activity; or b) The construction contractor shall install sound dampening mats or blankets capable of a minimum 5 173
THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE PARTY MONITORING PARTY IMPLEMENTATION STAGE LEVEL OF SIGNIFICANCE dBA noise reduction to the engine compartments of heavy mobile equipment operating within the portion of the Project’s off-site development area that abuts the intersection of Comet Avenue/County Road and Chino Corona Road. The sound dampening mats can be made from commercially-available sound dampening materials, including but not limited to, polyurethane foam and vinyl sheeting; or c) Construction contractors shall prohibit the use of large construction equipment (greater than 80,000 pounds) within 170 feet of any occupied residential structure at the location of Receptor R10. Construction contractors shall use small rubber-tired or alternative equipment within this buffer area during construction. Threshold b: Less-than-Significant Impact. The Project’s construction and operational activities would not result in a perceptible groundborne vibration or noise. No mitigation is required. N/A N/A N/A Less-than-Significant Impact Threshold c: Less-than-Significant Impact. The Project Site is not located within an area exposed to high levels of noise from the Chino Airport. As such, the Project would not expose people to excessive noise levels associated with a public airport or public use airport. No mitigation is required. N/A N/A N/A Less-than-Significant Impact 4.12 Transportation Summary of Impacts Threshold a: Significant Direct and Cumulatively-Considerable Impact. During near-term construction activities, the Project would cause and contribute to conflicts with applicable General Plan performance objectives and policies, including LOS standards, to Study Area intersections due to combined soil import activities, heavy equipment delivery /removal, delivery of construction materials, and construction worker trips. During Project operations, the MM 4.12-1 Prior to the issuance of grading permits and building permits, the Project Applicant/Developer shall develop and implement a City-approved Construction Traffic Management Plan that addresses potential construction-related traffic detours and disruptions. The Construction Traffic Management Plan shall ensure to the extent practical that (a), construction worker commute traffic and building material deliveries occur during off-peak hours; (b) construction worker commute traffic uses direct routes to/from freeways; and (c) delivery and removal of Project Applicant/Developer City of Chino Development Services Department (Planning and Building Divisions) Prior to the issuance of grading permits and building permits Less-than-Significant Direct and Cumulatively-Considerable Impact after Mitigation (Construction Impacts); Significant and Unavoidable Cumulatively-Considerable Impact (Operational Impacts) 174
THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE PARTY MONITORING PARTY IMPLEMENTATION STAGE LEVEL OF SIGNIFICANCE Project would contribute substantial traffic to Study Area intersections under all study scenarios. Under Horizon Year (2040) conditions, the Project also would contribute to the need to install a traffic signal at the SR-71 Northbound Ramps at Pine Avenue intersection (Intersection #5). The Project would not contribute substantial traffic to freeway mainlines, freeway merge/diverge ramp junctions, and freeway off-ramp queuing locations under all study scenarios. heavy equipment use designated truck routes and not occur during the morning and evening peak periods of 7:00 AM to 9:00 AM or 4:00 PM to 6:00 PM. MM 4.12-2 As a condition of grading permits, the City shall ensure that the Project Applicant/Developer limits truck trips associated with soil import hauling activity between the Project Site and Excess Fill Dirt Site Nos. 1 through 5 to a maximum of 50 PCE truck trips per hour (combined) between the hours of 7:00 AM to 9:00 AM and between the hours of 4:00 PM to 6:00 PM. The 50 PCE truck trips equates to approximately 16 total trucks (8 trucks in and 8 trucks out) per hour during the hours specified above in order to limit the potential impacts of haul truck activity during these busy commute times. This requirement also shall be specified in bid documents issued to prospective construction contractors involved with excess fill dirt hauling and shall be specified in construction contracts involving excess fill dirt hauling. Project Applicant/Developer City of Chino Development Services Department (Planning and Building Divisions) As a condition of grading permits MM 4.12-3 Prior to the issuance of building permits, the Project Applicant/Developer shall comply with the applicable requirements of City of Chino Development Impact Fee (DIF) program pursuant to City of Chino Municipal Code Chapter 3.40 (Development Impact Fees), which requires fee payment to the City of Chino (less any fee credits), a portion of which is used by the City to fund the installation of road and intersection improvements to reduce traffic congestion. Project Applicant/Developer City of Chino Development Services Department (Planning and Building Divisions) Prior to the issuance of building permits 175
THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE PARTY MONITORING PARTY IMPLEMENTATION STAGE LEVEL OF SIGNIFICANCE MM 4.12-4 Prior to the issuance of an occupancy permit for either of the proposed buildings, the Project Applicant/Developer shall make appropriate fair-share payments to the appropriate jurisdiction (City of Chino, City of Chino Hills, or City of Eastvale), to be held in trust, for the intersection improvements listed in Table 1-3 of the “Majestic Chino Heritage Traffic Impact Analysis,” prepared by Urban Crossroads (dated August 13, 2019). The Project’s mitigation obligations are listed in Table 9-1 of the same report under the “Project Responsibility” column, the Project’s fair share percentage (for full Project Buildout) is listed under the “Fair Share %” column of Table 9-1, while Table 1-1 of the same report identifies the governing jurisdiction(s) for each of the Study Area intersections. Based on the Project’s trip generation for Building 1 and Project Buildout (refer to Table 4.12-10), the Project Applicant would be required to contribute 55.8% of the total fair share amount prior to occupancy of either Building 1 or Building 2, while the remaining 44.2% of the required fair-share contribution shall be required prior to occupancy of Project Buildout (i.e., both Buildings 1 and 2). The City of Chino, City of Chino Hills, and/or City of Eastvale shall only use the funds for improving the intersections listed therein. If within five years of the date of collection of the Project’s fair-share fee payment, the City of Chino, City of Chino Hills, and/or City of Eastvale has not completed the improvements or established a fair-share funding program for the specified improvements to the respective intersections, then the City of Chino, City of Chino Hills, and/or City of Eastvale shall return the funds to the Project Applicant/Developer.

Project Applicant/Developer City of Chino Development Services Department (Planning and Building Divisions) Prior to the issuance of an occupancy permit for either of the proposed buildings Threshold b: No Impact. Pursuant to CEQA Guidelines Section 15064.3(c), the City of Chino has until July 1, 2020, to implement CEQA Guidelines Section 15064.3(b). At the time this Draft EIR was circulated for public No mitigation is required. N/A N/A N/A 176
THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE PARTY MONITORING PARTY IMPLEMENTATION STAGE LEVEL OF SIGNIFICANCE review, the City had not implemented CEQA Guidelines Section 15064.3(b). Threshold c: Less-than-Significant Impact. No significant transportation safety hazards would be introduced as a result of the proposed Project. No mitigation is required. N/A N/A N/A Less-than-Significant Impact Threshold d: No Impact. Adequate emergency access would be provided to Excess Fill Dirt Site Nos. 1 through 5 during soil importing activities and to the Project Site during construction and long-term operation. The Project would not result in inadequate emergency access to the site or surrounding properties. No mitigation is required. N/A N/A N/A No Impact 4.13 Tribal Cultural Resources Summary of Impacts Threshold a: Significant Direct and Cumulatively-Considerable Impact. The Project Site and excess fill dirt sites do not contain any recorded, significant tribal cultural resource sites; therefore, the Project would not cause a substantial adverse change in the significance of a tribal cultural resource that is listed or eligible for listing in the California Register of Historical Resources or a local register of historical resources. Nonetheless, Project construction activities have the potential, however unlikely, to unearth and adversely impact tribal cultural resources that may be buried or masked at the Project Site and/or at the excess fill dirt sites. MM 4.13-1 Prior the issuance of a grading permit, the Project Applicant shall provide evidence to the City of Chino that the Native American Tribe that requested consultation with the City during the SB 18 and AB 52 processes (hereafter referred to as “Native American Tribal Representative”) received a minimum of 14 days’ advance notice of all mass grading and trenching activities. The Native American Tribal Representative also shall be notified of and allowed to attend the pre-grading meeting with the City and Project construction contractors and/or monitor all Project mass grading and trenching activities. In the event that suspected tribal cultural resources are unearthed, the Native American Tribal Representative shall have the authority to temporarily redirect earth moving activities in the affected area and Mitigation Measures 4.4-4 and 4.4-5 shall apply. Project Applicant; Project Construction Contractor City of Chino Development Services Department (Planning and Building Divisions) Prior the issuance of a grading permit Less-than-Significant Impact after Mitigation 177
THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE PARTY MONITORING PARTY IMPLEMENTATION STAGE LEVEL OF SIGNIFICANCE 4.14 Utilities and Service Systems Summary of Impacts Threshold a: Less-than-Significant Impact. The Project’s construction of new or expanded water, wastewater treatment or stormwater drainage, electric power, and telecommunications facilities, would not cause significant environmental effects not already identified and mitigated to the maximum feasible extent throughout this EIR. No mitigation is required. N/A N/A N/A Less-than-Significant Impact Threshold b: Less-than-Significant Impact. The City of Chino is expected to have sufficient water supplies to service the Project. The Project would not exceed the City’s available supply of water during normal years, single-dry years, or multiple-dry years. No mitigation is required. N/A N/A N/A Less-than-Significant Impact Threshold c: Less-than-Significant Impact. The IEUA would provide wastewater treatment services to the Project Site via RP-5. This facility has adequate capacity to service the Project and other cumulative developments and no new or expanded facilities would be needed. No mitigation is required. N/A N/A N/A Less-than-Significant Impact Threshold d: Less-than-Significant Impact. There is adequate capacity available at the El Sobrante Landfill to accept the Project’s solid waste during both construction and long-term operation. The proposed Project would not generate solid waste in excess of State or local standards or in excess of the capacity of local infrastructure to handle the waste. No mitigation is required. N/A N/A N/A Less-than-Significant Impact Threshold e: Less-then-Significant Impact. The Project would comply with federal, State, and local management and reduction statues and regulations related to solid waste. No mitigation is required. N/A N/A N/A Less-than-Significant Impact 178

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E-Mail Sent:

To:
4/23/2021
A. Gilbert

DEVELOPMENT ENGINEERING DIVISION CONDITIONS OF APPROVAL VESTING TENTATIVE PARCEL MAP NO. 20071 AND
SITE APPROVALS PL18-0118 AND PL18-0120

DATE: April 22, 2021 PC MEETING DATE: May 17, 2021

PROJECT DESCRIPTION: Development of two cross-dock buildings

PROJECT LOCATION: Southeast Corner of Mountain and Bickmore Avenues

APPLICANT: Majestic Chino Heritage, John
Burroughs
PROJECT ENGINEER: Natalie Ávila

PRIOR TO THE THREE MAJOR DEVELOPMENT EVENTS, THE APPLICANT SHALL SATISFY AND FULFILL ALL RESPECTIVE CONDITIONS OUTLINED BELOW. FAILURE TO COMPLY WITH ANY

CONDITIONS OF APPROVAL SHALL BE DEEMED JUST CAUSE FOR REVOCATION OF PROJECT APPROVAL BY THE PLANNING COMMISSION. HOWEVER, THE DIRECTOR OF DEVELOPMENT

SERVICES SHALL HAVE THE AUTHORITY TO APPROVE MINOR DEVIATIONS IN THE CONDITIONS OF APPROVAL, AND ALL PLANS INCLUDING THE CONSTRUCTION DRAWINGS. ALL

REQUIREMENTS ARE SUBJECT TO COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, IF APPLICABLE.

1.0 PRIOR TO MAP RECORDATION:

1.1 Provide a preliminary Title Report no older than 60 days.

1.2 Submit a preliminary soils report to the project engineer for review and approval in accordance with Government Code, Section 66434.5.

1.3 Make the following dedications on the Vesting Tentative Parcel Map:

Street Name Distance Direction From C/L
Mountain Avenue 33 Feet East
Bickmore Avenue1 33 Feet South

1 Additional street widening of 47- feet south from C/L for a t ransition taper at the intersection of Mountain Avenue to accommodate the southbound left turning vehicles to Bickmore Avenue eastbound traffic.

1.3.a. Prepare and record necessary drainage easements to implement the project in accordance with drainage law.

1.3.b. Right-of-way corner cut dedication via the parcel map at the SEC corner of Mountain and Bickmore Avenues in accordance with City Municipal Code, Chapter 19.06.040.

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1.3.c. Vacate via the parcel map Cypress Avenue within the project boundary in accordance with the California Streets and Highways Code, California Subdivision Map Act, and the City Municipal Code.

1.4 Provide a set of proposed Covenants, Conditions and Restrictions (CC&R) for review and approval. The proposed CC&Rs shall contain a reciprocal use agreement to assure common ingress and egress and joint maintenance of all common access, parking areas and drives. The proposed CC&Rs also shall contain the Association’s/Owner’s maintenance obligations with respect to various facilities with appropriate vehicular access including, but not limited to, right - of-way landscaping, private streets, sidewalks, utilities, street lights, and Water Quality Management Plan (WQMP) features. This document must be submitted to and approved by the City before it is submitted to any other governmental entity. The City of Chino shall be made a third-party beneficiary of the maintenance agreement.

1.5 Execute a Subdivision Agreement and submit security in an amount acceptable to the City Engineer to guarantee construction of the public improvements listed in Section 3.0. All security must be accessible to the City at any time and in a form acceptable to the City Manager, pursuant to Government Code, Section 66499.

1.6 Provide a Monumentation Cash Deposit or other security acceptable to the City Engineer in an amount specified in writing by a Registered Engineer or Licensed Land Surveyor of Record.

1.7 Complete and file the petition for annexation of your project property to the City's Landscape and Street Lighting Maintenance District MD 2002-1.

1.8 Comply with all applicable requirements of the City Municipal Code.

1.9 Pedestrian facilities on the frontage of the development and open to the public within the development may affect the easement for public access and sidewalk purposes on the map and therefore, shall be evaluated for accessibility. The street frontage includes all adjacent pedestrian facilities, including crosswalks, created by, prolongated from, or connected to any required sidewalks improvements. The frontage may include sidewalks, curb ramps, connecting crosswalks (marked and unmarked), and their associated pedestrian facilities (on-street parking space, etc.) including transitions and or connected to any required or provided sidewalk improvements as necessary.
a. The following existing and proposed improvements shall be made compliant with accessibility regulations as a part of this project:
i. sidewalks/walks,
ii. curb ramps,
iii. crosswalk pavement and associated pedestrian facilities ( i.e. maneuvering, clear space),
iv. driveway approaches crossings, and
v. parking spaces
b. Improvements that are non-compliant with the accessibility standards in effect at the time of construction or alteration, shall be brought up to current accessibility standards. This work shall be incorporated into the scope of this project and shall be completed prior to acceptance by the City.
c. Improvements that are compliant with the accessibility standards in effect at the time of construction, shall be documented on a separate construction plan with 180

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detailed specifications (running and cross slopes of all pedestrian walking surfaces, locations and dimensions and slopes of maneuvering spaces and landings, width of sidewalk, width and vertical clearance from obstructions). The accessibility of existing improvements will be verified by City inspection staff upon completion of the project. Discrepancies between documented existing conditions and existing conditions as measured by City staff shall be remedied and brought up to accessibility standards as part of the project.

1.10 Pay all applicable fees pursuant to City Municipal Code including, but not limited to, plan check fees.

2.0 PRIOR TO ISSUANCE OF GRADING/CONSTRUCTION PERMITS:

2.1 Prepare and submit a drainage study, including supporting hydraulic and hydrological data to the Project Engineer for approval. The study shall analyze the 5, 10, 25 & 100-year frequency storm events and confirm or recommend changes to the City's adopted Master Drainage Plan, following the latest requirements of the San Bernardino County Hydrology Manual , by identifying off-site and on-site storm water runoff impacts resulting from build- out of p ermitted General Plan land uses. In addition, the study shall identify the project's contribution and shall provide locations and sizes of catchments and system connection points and all downstream drainage- mitigating measures.

2.2 This project shall mitigate its impact to downstream properties by reducing post-developed runoff to 80% of pre -developed runoff peak flow rates for each of the storm events analyzed . An emergency overflow, should the basin fail, shall be provided.

2.3 Prepare and subm it a final grading plan showing building footprints, pad elevations, finished grades, drainage routes, retaining walls, erosion control, slope easements and other pertinent information in accordance with Appendix J of the California Building Code, latest edition.

2.4 Prior to grading permit issuance, the City shall review and approve a construction management plan that shall include all construction-related traffic detours and disruptions in accordance with Chino Municipal Code, Chapter 20.23.210.

2.5 Design pu blic improvements for all facilities in accordance with the City Municipal Code, Standards and Specifications. Such public improvements shall transition to existing improvement accordingly and may include, but not be limited to the following: (Please coordinate and verify all requirements with the Project Engineer.)
Street Names
Mountain
Avenue
Bickmore
Avenue

Curb & Gutter (Offset from Centerline) 22’ 22’1
Sidewalk (Width) 5’2,3 5’2,4

1 Improvements vary in width for the street widening at the intersection of Mountain and Bickmore Aves. and shall include a taper transition from 36-ft back to the 22-ft half street width. 2 Construct a 5- ft sidewalk along Mountain and Bickmore Aves per Cit y Std. No. 230. Where the sidewalk is meandering and adjacent to the back of curb the width shall be 6-ft and provide passing space as required. 3 Provide a transitional sidewalk at the south property line on Mountain to terminate at the golf crossing. 4 Extend sidewalk along south side of Bickmore Ave. from Mountain to San Antonio Aves to join existing sidewalk. 181

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Asphalt Concrete Pavement on Aggregate Base ( Width from Centerline) 20’ 20’1
Asphalt Concrete Overlay X
Street Lights X X
Parkway Landscaping X X
Signing and Striping X X
Conduit System for Traffic Signal Interconnect X1
Sewer X2
Storm Drain X3
Domestic Water X4
Recycled Water X5
Fire Hydrants as required by CVIFD X X

2.6 Grading Plans for the borrow site(s) adjacent to City right of way (i.e. Pine Ave, Chino Corona Road) shall be based on the Geotechnical Engineer soil stability recommendations. Access onsite and transitions from the ultimate right of way to the proposed borrow site shall be approved by the City.

2.7 Grading and Erosion Control Plans shall incorporate notes based on the Environmental Impact Report.

2.8 City staff shall determine the type of water (potable or recycled) to be used for grading operations, dust control activities, and common area/public landscape irrigation at the time of grading permit issuance.

2.9 All projects developing one (1) acre or more of total land area, or which are part of a larger phased development that will disturb one acre of land, are required to obtain coverage under the State Water Resources Control Board’s (SWRCB) General Permit for storm water discharges associated with construction activity prior to issuance of grading permit . Proof of filing a single Notice of Intent (NOI) with the SWRCB for coverage of the project site and borrow sites under this permit is required. A copy of the Waste Discharger’s Identification Number (WDID), issued by the SWRCB, must be submitted to the Project Engineer prior to issuance of grading permits.

More detailed information regarding this General Permit, applicable fee information and the necessary forms to complete the NOI are available by calling (916) 341-5537 or on the SWRCB web site at http://www.swrcb.ca.gov/water_issues/programs/stormwater/constpermits.shtml.

1 Install 3” conduit and pull boxes (only) along project frontage. Tie-in to existing vault located at Mountain and Bickmore.

2. Private sewer improvements shall include the coordination with Inland Empire Utility Agency (IEUA) for the point of connection to proposed lift station at the intersection. Protect existing 24” main on Mountain Ave. and a 12” main on Bickmore Ave.
3 Existing catchment and lateral on Mountain Ave. sump shall be analyzed and modified to accommodate the necessary hydraulic condition.
4 Abandon or r emove existing 6” at the discretion of the City Engineer and Install 12” domestic water line along Mountain Ave. from Bickmore to El Prado Aves. Connect to existing water mains. 5 Install 12” recycled water along Mountain Ave. from Bickmore to El Prado Aves in accordance with City and IEUA standards. Connect to existing water mains.
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2.10 Pursuant to Santa Ana Regional Water Quality Control Board Order Number R8 -2010-0036, NPDES Permit No. CAS618036, prepare a project -specific Water Quality Management Plan (WQMP) and submit to the project engineer for review and approval prior to grading permit issuance. To address NPDES Permit requirements to the maximum extent practicable, the project shall be designed to specify preferential use of Low Impact Development Best Management Practices that reduce pollutants and runoff volume through structural measures (e.g. infiltration, harvesting, and bio- treatment) and non- structural measures (e.g. preserving natural areas, clustering development, and reducing impervious areas). The WQMP shall conform to the requirements of the San Bernardino County Stormwater Program, 2013 WQMP Technical Guidance Document.

2.11 Provide adequate sight distance (per City Standard No. 865) for each project driveway and at all intersections. Landscaping type and height shall be maintained to ensure sight distance requirements are perpetuated.

2.12 Prior to grading permit issuance, the limits of truck trips associated with soil import hauling activity between the project site and borrow sites shall be established to a maximum of 50 PCE truck trips per hour (combined) between the hours of 7:00 AM to 9:00 AM and between the hours of 4:00 PM to 6:00 PM. The 50 PCE truck trips equate to approximately 16 total trucks (8 trucks in and 8 trucks out) per hour during the hours specified above in order to limit the potential impacts of haul truck activity during these busy commute times. This requirement also shall be specified in bid documents issued to prospective construction contractors involved with excess fill dirt hauling and shall be specified in construction contracts involving excess fill dirt hauling.

2.13 The developer is responsible to contract with the City’s designated traffic signal maintenance company for ongoing maintenance of traffic signals affected by the construction management plan in Section 2.4 until such time the improvements listed in Section 2.5 are accepted by the City.

2.14 Design and construct the pavement and base structural cross-section to the centerline on Mountain Avenue as follows:
• Pavement Sections for Overlay are intended to be designed for a TI=8.0 and shall be a 1” grind and a 3” overlay on the existing pavement.
• Pavement Sections for Roadway Widening are intended to be designed for a TI=7.5 and shall be a section 7” asphalt concrete over 9” crushed aggregate base.

2.15 Design a monitoring manhole (per City Standard No. 530) on each domestic sewer lateral connection from any industrial building into the City ’s main sewer or into a private sewer main that is tributary to the City ’s main sewer. In addition, design and inst all a sampling Wye on a stubbed-out sewer lateral connection into the main sewer for each industrial building in this development.

2.16 All improvements shall comply with federal, state, and local accessibility regulations and standards. The review or approval of plans and specifications by the City does not permit the violation of any section of the federal law, state law, building code, or local ordinance. Where accessibility standards are contradictory, the provision that provides the most accessible (restrictive) condition shall apply. Where the project’s conditions of approval conflict with accessibility regulations and standards, the prevailing provision shall be determined by City’s Accessibility Coordinator and City Engineer.
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2.17 Obtain and provide a copy of the encroachment agreement and any permit issued by other jurisdictional (e.g. Property Owner, Federal, County, Public Utility, etc) agencies as required for the intended use of the project site or borrow site(s) to the Project Engineer prior to issuance of grading permits by the City.

2.18 Obtain design and plan approval from appropriate utility companies for undergrounding all utility lines adjoining and interior to the project site at the southeast corner of Bickmore Avenue and Mountain Avenue, including power lines of 34.5 kV or less, pursuant to City Municipal Code, Chapter 13.32.

2.19 Obtain design and plan approval from the San Bernardino Flood Control District for the storm drain point of connection to the Cypress Channel.

2.20 Regulatory Signs shall be placed at project driveways directing trucks to truck routes as required by project’s traffic impact analysis and directed by the City’s Transportation Manager and City Engineer. Deviation from the assumptions for the site access improvements shall be determined by supplemental traffic analysis.

2.21 Design commercial driveways (per City Std. No. 250) along project frontage to allow sidewalk a continuous and uninterrupted path. Pedestrian path of travel across the driveway shall meet applicable federal and State access requirements.

2.22 Provide vehicular access to bottom of WQMP features and downstream drainage manholes to ensure proper maintenance.

2.23 The City Engineer may approve the application for a grading permit, if the design for the public improvement plans are near substantial conformance to the Chino Municipal Code, Standards and Specifications.

2.24 The Army Corp. of Engineers has plans to modify the depth of the Prado Dam inundation boundary, therefore, all public improvements below the proposed 566’ inundation elevation shall adequately protect the infrastructure facilities from flooding damage to the extent practicable (i.e., making newly installed sewer manholes water-tight).

3.0 PRIOR TO ISSUANCE OF BUILDING PERMITS FOR ANY LOT WITHIN THE SUBDIVISION:

3.1 Record Parcel Map No. 20071 pursuant to the Subdivision Map Act and in accordance with City Municipal Code. Provide a duplicate photo Mylar of the recorded map to the City Engineer's office.

3.2 All required plans and studies shall be prepared by a Registered Professional Engineer and submitted to the project engineer for review and approval. All project plans must be approved by the City Engineer's office before a Building Permit will be issued. All maps, studies, calculation sheets, reports, etc. must be on and/or folded in an 11-inch x 8 1/2-inch standard format.

3.3 Prior to building permit issuance, provide a certificate, from a Registered Civil Engineer, certifying that the finished grading has been completed in accordance with the City approved grading plan. 184

VESTING TENTATIVE PARCEL MAP
NO. 20071 AND SITE APPROVALS
PL18-0118 & PL18-0120 7 May 17, 2021

3.4 Comply with all requirements for the intersection improvements and Mitigation Monitoring and Reporting Program to address circulation deficiencies based on the project’s Traffic Impact Analysis Study prepared by Urban Crossroads, approved by the City’s Transportation Manager and City Engineer. Payment of all fair share contributions to any ultimate improvements shall be in accordance with the approved traffic impact analysis and the corresponding project mitigation measures prior to issuance of any building permit.

3.5 Pay all applicable fees pursuant to the City’s Municipal Code including, but not limited to, (A) the Development Impact Fees (DIF) (as each was in effect at the time this project was approved by the Planning Commission per Exhibit A ), (B) open space fees (as addressed in section

2.13.1 of the Planning Division Conditions of Approval), and (C) school fees, Sewage Facilities Development Fee (SFDF), building permit and plan check fees, landscape plan check fees, and public noticing fees at the applicable rates when payments are due, or are paid, whichever occurs last.

Developer is solely responsible for remaining informed about changes in the fee amounts. City shall have no obligation to inform Developer of changes in the fee amounts unless Developer requests notice of such changes, pursuant to Government Code Section 66019(b) and Chino Municipal Code Section 3.40.080(B).

3.6 All businesses who own or operate facilities described in the Industrial General Permit (IGP) Attachment A, issued by the Cali fornia State Water Resources Control Board are required to obtain coverage for discharges of stormwater associated with industrial activities or obtain an exemption. All listed businesses are required to submit a completed NOI form, site map, and application fee to SWRCB. SWRCB also requires the listed business to prepare a SWPPP, retain a copy of the SWPPP on- site, monitor stormwater and comply with all the requirements of the general permit for discharge of stormwater associated with industrial activities . Facilities which quality for an exemption shall apply for a “No Exposure Certification” or a “Notice of Non- Applicability”.

3.7 Any future maintenance and repair of domestic or fire service and sewer laterals to the project site shall be the sole responsibility of the applicant/property owner in accordance with City Code, Chapter 13.04.175 and 13.12.150.

3.8 Convey ownership of all existing onsite water wells to the City and convert to monitoring wells as directed by the City’s Public Works Environmental staff and Water Utilities Supervisor. Prepare and record any necessary easements to provide the City with access to the monitoring wells.

Any existing water wells that cannot be feasibly converted to monitoring wells shall be destroyed (per City Standard No. 465).

3.9 Submit to the City electronic files, in Adobe Acrobat PDF format, of all submittals, including reports, studies, improvement plans and City redlines of previous submittals.

4.0 PRIOR TO REQUEST AND RELEASE OF ANY OCCUPANCY PERMITS /ACCEPTANCE OF PUBLIC IMPROVEMENTS:

4.1 Construct and secure Development Services Department approval of all public facilities enumerated under Section 2.0 above (per Resolution No. 88-23). 185

VESTING TENTATIVE PARCEL MAP
NO. 20071 AND SITE APPROVALS
PL18-0118 & PL18-0120 8 May 17, 2021

4.2 Underground all utility lines adjoining and interior to the project site located at the southeast corner of Mountain Avenue and Bickmore Avenue, including power lines of 34.5kV or less in accordance with City Municipal Code, Chapter 13.32.

4.3 Distribute for signature of all buyers, the information and disclosure notice announcing that the development will be annexed to the City's Landscape and Str eet Lighting Maintenance Assessment District before transfer of property title and completion and acceptance of all public improvements.

4.4 The applicant’s Civil Engineer shall field verify that all BMPs are designed, constructed, and functional in accordance with the approved WQMP. BMPs shall also be inspected by Public Works Environmental staff. Coordinate inspection with staff and submit a completed City of Chino BMP field verification form for review and approval.

4.5 Pay all remaining applicable fees pursuant to City Municipal Code.

4.6 Repair and/or replace any improvements along all streets impacted by the project as directed by City staff. Install signing and striping per approved plans. Said repairs shall require an application for an encroachment permit to perform work within the public right-of-way.

4.7 Submit to the City, electronic files of Parcel Map and “as-built” improvement plans in AUTOCAD, Ersi GIS shape , and Adobe Acrobat PDF format s. AUTOCAD files shall be submitted as an etransmitted zip file of the CAD drawings with all base files attached. Scanned resolution of PDF shall be a minimum of 360 dpi.

4.8 Independent of any other fee required of applicant, the applicant shall also pay a fee in the amount of ten million four hundred seventeen thousand one hundred dollars and zero cents ($10,417,100.00) (“Public Improvements Payment”) to the City of Chino. No Development Impact Fee credit shall be given for any part of this Public Improvement P ayment. The Public Improvements Payment, or any outstanding amount thereof, shall be increased by three percent (3%) annually, beginning on October 31, 2021 and annually thereafter until fully paid

NHA
Attachments
186

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT

DEVELOPMENT ENGINEERING DIVISION

1 ITEMS REQUIRED FOR FIRST PLAN CHECK SUBMITTAL
VESTING TENTATIVE PARCEL MAP NO. 20071
PROJECT ENGINEER: Natalie Ávila
DATE: 4/23/2021

A COPY OF THIS CHECK LIST MUST BE SUBMITTED WITH THE FIRST PLAN CHECK

1 Copy of Development Engineering Division Conditions of Approval with Tentative Parcel Map, Site Plan and Pedestrian Access Plan approved by the Planning Commission

2 Sets of Maps (Subdivision Only)

2 Copies of preliminary Title Report (no older than six months) with Supporting Documents

1 Copy of Closure Calculations (Subdivision Only)

1 Set of Referenced Maps (Subdivision Only)

2 Copies of Preliminary Soils Report (no older than sixty days)

4 Sets of Rough Grading and Erosion Control Plans
4 Sets of Rough Grading and Erosion Control Plans for each borrow site 5 Sets of Precise Grading and Private Storm Drain Plans

2 Copies of Hydrology and Hydraulic Calculations with Backup Data (Signed and Sealed by a Registered Civil Engineer) with approved Preliminary Hydrology Report copy

2 Copies of Engineering Cost Estimate for Public Improvements (On City Forms) with Engineer’s Wet Signature and Stamp
2 Copies of Engineering Cost Estimate for Private Improvements (On City Forms) with Engineer’s Wet Signature and Stamp
4 Sets of Street Improvements and Storm Drain Plans

3 Copies of Cross-Sections (if street plans are required) at 50’ intervals and extended a minimum of 100’ beyond limits of improvements

1 Set of Sewer Plans (for Reference only; submittal and approval by IEUA) 1

3 Sets of Public Domestic Water Plans 1

2 Sets of Public Recycled Water Plans

2 Sets of Street Light Plans including a Photometric Diagram

2 Copies of Voltage Drop Calculations (Signed and Sealed by a Registered Engineer)

2 Sets of Signing and Striping Plans

1 Set of Traffic Signal Interconnect Plans

1 Private facilities for sewer and water improvements shall be submitted to the Building Division for review and approval.
187

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT

DEVELOPMENT ENGINEERING DIVISION

2 ITEMS REQUIRED FOR FIRST PLAN CHECK SUBMITTAL
VESTING TENTATIVE PARCEL MAP NO. 20071
PROJECT ENGINEER: Natalie Ávila
DATE: 4/23/2021
1 Water Quality Management Plan (Signed and Sealed by a Registered Civil Engineer and Signed Project Owner) with approved Preliminary WQMP copy
1 Construction Management Plan (Prior to permit issuance)

188

Special Districts Leadership Foundation - District of Distinction Since 2008

April 28, 2021

It is a recommendation of the Fire District that the developer of every new construction project facilitate a preconstruction meeting. The meeting is to be scheduled with the Fire District Inspector for said project.

The following are the conditions of the above referenced permit/project. All conditions shall be adhered to, failure to comply with said conditions may result in the revocation of said permit and/or punitive fines as outlined in the Fire District fee schedule.

We look forward to a cooperative working relationship throughout the project. Should you have any questions regarding the project, including the conditions as set forth herein, please feel free to contact our office at (909) 902-5280.

1.0 THE ITEMS BELOW ARE CONDITIONS OF APPROVAL AND ARE TO BE COMPLETED PRIOR TO RECORDATION:

1.1 Fire access roads shall be designed and plans submitted to the Fire District for approval.

Fire access roads shall be constructed of an all-weather hard surface, such as, asphalt or Concrete, and be a minimum unobstructed width of 26 feet. The road grade shall not exceed twelve percent (12%) maximum. An approved turn around shall be provided at the end of each roadway in excess of 150 feet in length. Access roads shall comply with Fire District Standard No. 111

Chino Valley Fire District
14011 City Center Drive
Chino Hills, CA 91709
(909) 902-5260 Administration
(909) 902-5250 Fax
Chinovalleyfire.org

Fire Protection Requirements
Majestic Realty Co.,
13191 Crossroads Parkway N., 6th
Floor, City of Industry, CA 91746

2018-00002718

Project Name: PL18-0118-0120
2 Cross-Dock Buildings
Project Address: SEC Mountain & Bickmore
Chino, CA 91710
Board of Directors

Harvey Luth
President
Sarah Ramos-Evinger
Vice President
John DeMonaco
Mike Kreeger
Winn Williams

Fire Chief
Tim Shackelford
189

Special Districts Leadership Foundation - District of Distinction Since 2008

1.2 The development and each phase shall have two (2) points of vehicular access during construction. Fire District Standard No. 111 shall be complied with.

1.3 Water systems shall be designed to meet the required fire flow of this development and be approved by the Community Risk Reduction Division. Buildings in excess of 100,000 square feet shall have a minimum of two (2) connections to a public main. The developer shall furnish the Community Risk Reduction Division with three (3) copies of the water system working plans done by the installing contractor for approval, along with the Fire Flow Availability Form completed by the water purveyor prior to recordation. The Required fire flow shall be determined by using the California Fire Code, current adopted edition. In areas without water-serving utilities, fire protection water systems shall be based on NFPA Pamphlet 1231. Water systems shall comply with Fire District Standard Nos. 101, 102, and 103. For water connections and work conducted in the public right of way, please refer to separate plans reviewed and approved by the water purveyor.

1.4 Fire hydrants shall be six inch (6") diameter with a minimum one four inch (4") and one two and one-half inch (2-1/2") connections. All fire hydrants shall be spaced a maximum of three hundred feet (300') apart. Private water systems shall comply with Fire District Standard Nos. 101, 102, and 114. All hydrants shall be installed with pavement markers to identify their locations.

1.5 Access drives which cross property lines shall be provided with CC & R's, access easements or reciprocating agreements and shall be recorded on the titles of affected properties. Copies of the recorded documents shall be provided at the time of Fire District plan review.

1.6 Underground fire mains which cross property lines shall be provided with CC & R's, easements, or reciprocating agreements addressing the use and maintenance of the mains and hydrants and shall be recorded on the titles of affected properties. In the event the project includes a fire water pump, each building shall have its own fire pump and shall not be shared. Copies of the recorded documents shall be provided at the time of Fire District plan review.

2.0 THE ITEMS BELOW ARE CONDITIONS OF APPROVAL AND ARE TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMIT:

2.1 Fire access roads shall be constructed and approved by the Community Risk Reduction Division prior to combustibles being brought onto the site.

2.2 Approved street signs shall be installed prior to issuance of building permits.

2.3 Fire Protection water systems shall be tested, operational, and approved by the Community Risk Reduction Division prior to combustible materials being brought to the site.

2.4 All flammable vegetation shall be removed from each building site for a minimum distance of thirty feet (30') from any flammable building material including all structures.

2.5 A detailed site plan of the development is required to be submitted in electronic (.dwg) format. The plan must show and be limited to: locations of property lines, buildings, and 190

Special Districts Leadership Foundation - District of Distinction Since 2008

equipment and hazards for emergency response purposes. Please refer to Fire District Standard No. 143. Additional or revised files may be required during construction and/or prior to final signoff.

2.6 The Developer shall submit, as an electronic file, a drawing of the new streets in .dwg format to the Fire District with the building construction plans. Format must contain and be restricted to the following layers: A. Right of way; B. Parcel Lines; C. Street Names; D. Address numbers; E. Fire Hydrants. Additional or revised files may be required during construction and/or prior to final signoff.

3.0 THE ITEMS BELOW ARE CONDITIONS OF APPROVAL AND ARE TO BE COMPLETED PRIOR TO OCCUPANCY:

3.1 An automatic protection fire sprinkler system is required. This system shall comply with NFPA 13 Standard and Fire District Standard 110. Three (3) sets of detailed plans along with hydraulic calculations and material specifications shall be submitted to the Community Risk Reduction Division. The system shall be installed, tested and approved prior to system final. Fire sprinkler systems shall be installed by a licensed C-16 contractor.

3.2 An automatic fire alarm system or fire sprinkler monitoring system is required. Three (3) sets of detailed plans shall be submitted showing the design, system components, signaling devices, fire alarm power supply, control panel and auxiliary devices and functions of the alarm system. Please refer to Fire District Standard No. 133 and current adopted editions of the California Building Code, as well as NFPA Standard 72.

3.3 Hand-held portable fire extinguishers are required to be installed. The location, type and cabinet design shall be approved by the Community Risk Reduction Division.

3.4 Exits, doors, signs and approved path marking shall be installed in accordance with the current adopted edition of the California Building Code, Section 1007

3.5 "No Parking - Fire Lane" signs shall be installed in interior access drives at locations designated by the Community Risk Reduction Division. Curbs shall be painted red at locations designated by the Community Risk Reduction Division. Please refer to Fire District Standard No. 121.

3.6 An approved key switch is required on each automatic electric security gate. Fire District Standard No. 117 shall be complied with.

3.7 An approved recessed Fire Department "KNOX" brand key box is required. The key box shall be located at or near the main entrance(s), and shall be provided with a tamper switch and shall be monitored by an approved central station monitoring service. Please refer to Fire District Standard No. 117.

191

Special Districts Leadership Foundation - District of Distinction Since 2008

3.8 Commercial, industrial, and multi-family building addresses shall be posted with a minimum eight inch (8") numbers, visible from the street and during the hours of darkness they shall be internally or externally electrically illuminated. Posted numbers shall contrast with the background used and be legible from the street.

Where building set back exceeds 100 feet from the roadway, additional non-illuminated six inch (6") numbers shall be displayed at the property access entrance. These numbers shall also contrast with the background used. Fire District Standard No. 122 must be complied with.

3.9 An electronic/PDF set of plans shall be submitted separately for each of the following listed items to the Fire District for review, approval and permit prior to any installation or work being done. Approved plans must be maintained at the worksite during construction. Fees are due at the time of submittal.

a) Private (onsite) Underground Fire Protection Water Systems. b) Building Construction
c) Fire Sprinkler Systems, designed by C16 contractor or registered engineer, including any fire pumps.
d) Fire Alarm Systems or Sprinkler Monitoring Systems designed by a C7, C10 contractor or registered engineer.
e) Knox box and/or security gate locations.

Applicable Standards:

101, 102, 103, 110, 111, 117, 122, 133, 141

CVFD Standards available online at http://www.chinovalleyfire.org

192
C-1
EXHIBIT “C”
PARCEL MAP 20071

ENVIRONMENTAL WARRANTY
As a condition precedent to acceptance of the dedications and public improvements to be conveyed to the City of Chino for the above-referenced Subdivision, Subdivider and Owner hereby warrant to the City of Chino that:

1. To Subdivider’s and Owner’s actual knowledge, (i) neither the property to be dedicated nor Subdivider/Owner are in violation of any environmental law with respect to the property shown in Vesting Tentative Parcel Map 20071, and (ii) neither the property to be dedicated nor the Subdivider /Owner are subject to any existing, pending or threatened investigation by any federal, state or local governmental authority under or in connection with the environmental laws relating to the property to be dedicated. The actual knowledge qualifier, as used in Sections 1 and 2 of this Exhibit C, in no way limits Subdivider’s and Owner’s liability under applicable environmental law.

2. Neither Subdivider or Owner, nor, to Subdivider’s and Owner’s actual knowledge, any other person with Subdivider’s permission to be upon the property to be dedicated has used, generated, manufactured, produced, or released, on, under, or about the property to be dedicated, any Hazardous Substance except in compliance with all applicable environmental laws. For the pu rposes of this warranty, the term “Hazardous Substances”shall mean any substance or material which is capable of posing a risk of injury to health, safety or property, including all those materials and substances designated as hazardous or toxic by any federal, state or local law, ordinance, rule, regulation or policy, including but not limited to, all of those materials and substances defined as “Toxic Materials”in Sections 66680 through 66685 of Title 22 of the California Code of Regulations, Division 4, Chapter 30, as the same shall be amended from time to time, or any other materials requiring remediation under federal, state or local law s, ordinances, rules, regulations or policies.

3. Subdivider and Owner have not caused or permitted the release of and has no knowledge of the release or presence of any Hazardous Substance on the property to be dedicated or the migration of any Hazardous Substance from or to any other property adjacent or in close proximity to the property to be dedicated, except in compliance with all applicable environmental laws.

4. Owner’sprior and present use of the property to be dedicated has not resulted in the release of any Hazardous Substance on the property to be dedicated , except in compliance with all applicable environmental laws.

5. All persons executing this warranty hereby represent and warrant to the City of Chino, and Subdivider and Owner hereby represent and warrant, that the signators hereto have the legal power, right and authority to execute this warranty on behalf of the 193
C-2
Subdivider and Owner, and that the signators hereto have sufficient knowledge or expertise, either personally, through reasonable inspection and investigation of the property, or through reasonable reliance upon the investigation and professional opinion of Subdivider’s and Owner’senvironmental experts, to make the representations herein, and that no consent of any other party is required to execute this warranty and make the representations herein on behalf of the Subdivider or Owner to the City of Chino.

Each of the undersigned persons declares under penalty of perjury that the foregoing is true and correct.

Dated: _________________________
MAJESTIC CHINO HERITAGE, LLC, A DELAWARE LIMITED LIABILITY COMPANY* By: ___________________________
ORANGE COUNTY FLOOD CONTROL DISTRICT*
*Proof of authorization for Subdivider ’s and Owner’s signatures is required to be submitted concurrently with this environmental warranty.

By: ____________________________
194

MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: MAY 5, 2026

TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: EUNICE M. ULLOA, MAYOR

SUBJECT
..titl e
Community Support Fund – Mayor Ulloa.
..end

RECOMMENDATION
..recommendation
Approve community support fund contributions to Boy Scout Troop 201 $125; Cub Scout Pack 205 $125; Trail Life Troop 2678 $125; Chino American Youth Soccer Organization (AYSO Region 67) $125; Chino American Little League $125; Chino National Little League $125; Chino Hills PONY Baseball $125; Chino Pop Warner Youth Foot ball $125; Chino Youth Boxing Foundation $375; Chino Girls Fastpitch $125; Chino Community Children’s Theatre $125; Chino Mounted Posse $500; Chino Police Officers Foundation (Run for Russ) $100; Chino Youth Museum $125; Rebel Ranch $500; Don Lugo High Sch ool FFA $250; Food for Life Ministry $125; Hope Family Resource Center $125; Isaiah’s Rock $125; Kiwanis Club of Chino (Corn Feed Run) $500; Monte Vista 4 -H $250; Soroptimist International of the Chino Valley $125; Uchooz Positive Youth $150.

..body

FISCAL IMPACT
Sufficient funds have been included in the Fiscal Year 2025-26 Operating Budget.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above further 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
 Superior Customer Service
 Exemplary Leadership
 Public Service Excellence through Internal and External Partnerships

Revenue:

Expenditure: 1002000 43300 N2026
Transfer In: Transfer Out:
195
CITY COUNCIL MEETING DATE: MAY 5, 2026
TITLE: COMMUNITY SUPPORT FUND - MAYOR ULLOA.

PAGE: 2

BACKGROUND
The City of Chino is fortunate to have multiple non -profits and community groups dedicated to serving the public and preserving Chino’s unique history. To assist in their ongoing efforts, the City Council from time to time authorizes expenditures from the City’s community support fund.

These expenditures serve a valid public purpose by helping to continue the outstanding services that these organizations provide to our community.

ISSUES/ANALYSIS
To continue this tradition, Mayor Ulloa recommends that the City Council approve the following contributions:
 Boy Scout Troop 201 - $125: Supports a local scout troop which supports local volunteer efforts while developing character, discipline, integrity, and leadership skills.  Cub Scout Pack 205 - $125: Supports a local cub scout troop which supports local volunteer efforts while developing character, discipline, integrity, and leadership skills.  Trail Life Troop 2678 - $125: Guides generations of courageous young men to lead with integrity, serve others, and experience outdoor adventures.  Chino American Youth Soccer Organization (AYSO Region 67) - $125: Instills teamwork, discipline, social, and life skills through competitive youth soccer.  Chino American Little League - $125: Helps teach Chino’s youth the importance of teamwork, leadership, hard work, and humility through an organized baseball league.  Chino National Little League - $125: Helps teach Chino’s youth the importance of teamwork, leadership, hard work, and humility through an organized baseball league.  Chino Hills PONY Baseball - $125: Helps teach Chino’s youth the importance of teamwork, leadership, hard work, and humility through an organized baseball league.  Chino Pop Warner Youth Football - $125: Teaches our community’s youth the values of leadership, teamwork, responsibility, and work ethic through an organized football and cheerleading program.
 Chino Youth Boxing Foundation - $375: Through hard work and developing bo xing skills, this group helps Chino youth build their self -esteem, self -respect, character, discipline, and confidence.
 Chino Girls Fastpitch - $125: Provides an opportunity for growth and development of softball and life skills to the highest level achievable through competitive softball.  Chino Community Children’s Theatre - $125: P rovides a nurturing environment to educate and entertain the youth of the Greater Chino Community in the realm of the theatre arts.
 Chino Mounted Posse - $500: Provides aid and assistance to the residents of Chino through a unique blend of equestrian skills and community service.  Chino Police Officers Foundation (Run for Russ) - $100: Dedicated to offer support to families and youth in the community.
 Chino Youth Museum - $125: Provides interactive learning for youth to foster a better understanding of tomorrow through appreciation of yesterday and today. 196
CITY COUNCIL MEETING DATE: MAY 5, 2026
TITLE: COMMUNITY SUPPORT FUND - MAYOR ULLOA.

PAGE: 3

 Rebel Ranch - $500: This community support donation is in support of the Chino Valley Chamber of Commerce L eadership Collabora tive Cohort selected non -profit Rebel Ranch (Paws 4 Success, Inc DBA Rebel Ranch). Rebel Ranch helps build independence, self -esteem, and critical thinking skills through specialized canine training, including therapy and service dog training.
 Don Lugo High School FFA - $250: Provides support Don Lugo FFA student program.  Food for Life Ministry - $125: Provides food and resources to families needing support.  Hope Family Resource Center - $125: Provides resources to those families in need, including but not limited to, childcare referrals, counseling, housing information, food/clothing, and Medi-Cal/Covered California assistance.  Isaiah’s Rock - $125: Provides food, clothing, and other vital resources to those in need.  Kiwanis Club of Chino (Corn Feed Run) - $500: The Chino Kiwanis Club is dedicated to serving the Chino Community through various service and fundraising projects.  Monte Vista 4-H - $250: A youth program that focuses on leadership and valuable life skills.
 Soroptimist International of the Chino Valley - $125: Seeks to empower women and girls by providing a number of educational opportunities, programs, and resources.  Uchooz Positive Youth - $150: Provides positive activities and support for youth in and around the Downtown Chino area.

By approving these contributions, these groups will be better equipped to provide services to our community. Therefore, as proposed by Mayor Ulloa, staff recommends that the City Council approve the community support contributions.

197

MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: MAY 5, 2026

TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: MAYOR PRO TEM CURTIS BURTON

SUBJECT
..titl e
Community Support Fund – Mayor Pro Tem Burton.
..end

RECOMMENDATION
..recommendation
Approve community support fund contribution to Chino Valley Rotary Club Bingo Event ($250).

..body

FISCAL IMPACT
Sufficient funds have been included in the Fiscal Year 2025-26 Operating Budget.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above further 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
 Superior Customer Service
 Exemplary Leadership
 Public Service Excellence through Internal and External Partnerships

Revenue:

Expenditure: 1002000 43300 N2034
Transfer In: Transfer Out:
198
CITY COUNCIL MEETING DATE: MAY 5, 2026
TITLE: COMMUNITY SUPPORT FUND - MAYOR PRO TEM BURTON.

PAGE: 2

BACKGROUND
The City of Chino is fortunate to have multiple non -profits and community groups dedicated to serving the public and preserving Chino’s unique history. To assist in their ongoing efforts, the City Council from time to time, authorizes expenditures from the City’s community support fund.

These expenditures serve a valid public purpose by helping to continue the outstanding services that these organizations provide to our community.

ISSUES/ANALYSIS
To continue this tradition, Mayor Pro Tem Burton recommends that the City Council approve the following contribution:
 Chino Valley Rotary Club (Bingo Event) - $250: Offers fun community events with proceeds earmarked to support community goals and initiatives.

By approving this contribution, the Chino Valley Rotary Club will be better equipped to provide services to our community. Therefore, as proposed by Mayor Pro Tem Curtis Burton , it is recommended that the City Council approve the community support contribution to Chino Valley Rotary Club.

199

MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: MAY 5, 2026

TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: COUNCIL MEMBER COMSTOCK

SUBJECT
..titl e
Community Support Fund – Council Member Comstock.
..end

RECOMMENDATION
..recommendation
Approve community support fund contribution of $500 to Chino High School Sports Boosters for Girls Flag Football Program – Coach Monger.
..body

FISCAL IMPACT
Sufficient funds have been included in the Fiscal Year 2025-26 Operating Budget.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above further 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
 Superior Customer Service
 Exemplary Leadership
 Public Service Excellence through Internal and External Partnerships

Revenue:

Expenditure: 1002000 43300 N2031
Transfer In: Transfer Out:
200
CITY COUNCIL MEETING DATE: MAY 5, 2026
TITLE: COMMUNITY SUPPORT FUND - COUNCIL MEMBER COMSTOCK.

PAGE: 2

These expenditures serve a valid public purpose by helping to continue the outstanding services that these organizations provide to our community.

ISSUES/ANALYSIS
To continue this tradition, Council Member Comstock recommends that the City Council approve the following contribution:
 Chino High School Girls Flag Football $500: Provides support to Chino High school student athletes on the girl’s flag football team.

By approving this contribution, the Chino High School Girls Flag Football will be better equipped and supported, in support of the Chino community. Therefore, as proposed by Council Member Comstock, staff recommends that the City Council approve this community support contribution.

201

Chino City CouncilMay 5, 2026

Chino City Council
May 5, 2026