RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
CITY OF CHINO
PO BOX 667
CHINO, CA 91708-0667
ATTN: DEVELOPMENT SERVICES DEPARTMENT
Fee Exempt – Government Code 6103 SPACE ABOVE THIS LINE FOR RECORDER’S USE
CERTIFICATE OF AGREEMENT COMPLIANCE
FALLONCREST DEVELOPMENT AGREEMENT/ANNUAL MONITORING REPORT 2025-2026
WHEREAS, the City of Chino (“City”) and Loyola Properties 1, L.P. a California Limited Partnership and Ronald C. Pietersma and Kristine B. Pietersma, Trustees of the Pietersma Family Trust (collectively, “Owner” of the property) entered into the FALLONCREST DEVELOPMENT AGREEMENT (the “Agreement”) on July 6, 2021, effective on August 5, 2021; as Contract No. 2022-141; and WHEREAS, the City Council of the City of Chino approved the Agreement by adoption of Ordinance No. 2021-009 on July 6, 2021; WHEREAS, the City Clerk of the City of Chino recorded a copy of the Agreement with the County Recorder of San Bernardino County as Document No. 2021-0440320, pursuant to Government Code Section 65868.5; and WHEREAS, the Owner submitted a request in June 2026 for a Certificate of Agreement Compliance related to the Annual Monitoring Report for the years 2025-2026 pursuant to Article 12.4 of the Agreement; and WHEREAS, at the October 6, 2026 City Council meeting, the City Manager submitted a report to the City Council containing City staff’s analysis of such annual monitoring report, setting forth the evidence of good faith compliance with the terms of the Agreement; and WHEREAS, at the October 6, 2026 City Council meeting, the City Council reviewed the annual monitoring report and authorized staff to execute a Certificate of Agreement Compliance for the Falloncrest Development Agreement covering the years 2025-2026.
NOW THEREFORE, the City Council of the City of Chino hereby finds, determines, and declares as follows:
SECTION 1.
The Owners are in good faith compliance with the Agreement; and The Owners have sold and closed on tracts to homebuilder TriPointe Homes (TPH) – TTM 20312-1 and -2) and copies of the Agreement were provided to TPH, and any related rights and obligations have been assigned. The remainder of the site (TTM 20312-3) is vacant and the dairy operations have ceased. The Owners are preparing site plans to initiate the sale and Phase 3 is going to market soon.
Phase 1 – TPH has an approved Tentative “B” Map (TTM 20312-1) and has completed the tract improvements, with the remaining improvements pending the completion of sales in this tract. The tract is close to being sold out.
Phase 2 – TPH has an approved “B” Map (TTM 20312-2) and development/infrastructure has started in Phase 2. Model Homes are open, and sales are ongoing.
The Owners have met with Planning and Economic Development staff regarding zoning and development of Phase 3 and the Owners have obtained a Planning Commission recommendation for approval to change the zoning and underlying general plan designation from CC30 to CC16. The proposed land use change is scheduled for the October 6, 2026 City Council meeting.
Section 2.4 - The development of infrastructure for Phases 1 and 2 are complete. The Owner is preparing to submit the Phase 3 improvement plans for City approval shortly and the City acknowledges that seven more years remain for this obligation to be met.
Section 2.6.1 - The sales of parcels to homebuilders is progressing according to the phasing plan with Phase 3 being the last phase remaining.
Section 2.7 - Phase 1 of the Water District Improvement Financing was paid by TPH on July 21, 2022, prior to the first anniversary of the effective date completing this obligation.
Section 2.8 - TPH has included the 0.4-acre park within its approved map for Phase 1 and has completed approximately seven (7) acres of the 10.7-acre park in accordance with the Park phasing plan. The balance of the 10.7-acre park shall be constructed with Phase 3 as required by the Agreement. The second 0.4-acre park will be constructed with Phase 2 by the current owner TPH.
Section 2.9 - TPH has completed the SCE Easement improvements in Phase 1 and will be constructing the portion of the easement improvements in Phase 2.
Section 2.10 – All builders will be paying affordable housing fees per Section 2.10.3 of the Agreement, while the Owner plans and designs a potential location for the 82 affordable housing units within Phase 3.
Section 2.11 - Owner entered into a Pine Ave DIF Pre-Payment agreement and has paid to the City the approx. $1.8M owed and the $30k maintenance obligation in full. Owner has coordinated with staff to assign portions of the DIF credits for the approxate $1.8M DIF pre-payment to Homebuilders.
Section 2.12 and 2.13 – Each homebuilder will form its own homeowners’ association and enter into the Preserve Master Maintenance Agreement with the Preserve Master Maintenance Corporation (PMMC).
Section 2.14 – Each homebuilder will form its own community facilities district (CFD) or annex into an existing CFD.
Section 3.4 – Right of Way and Improvements - Per the Agreement phasing plan, required rights-of-way will be dedicated and improvements will be constructed by each individual homebuilder.
Based on the information known or made known to the City Council of the City of Chino after the most recent Annual Review, the Agreement remains in effect; and the Owner is not in default; and The date of the next Annual Review is anticipated to be in October 2027.
SECTION 2.
Any Owner may record this Certificate with the County Recorder.
Whether or not this Certificate is relied upon by an Owner or an assignee of transferee of an Owner, the City shall not be bound by such a Certificate if a default existed at the time of the Annual Review but was concealed from or otherwise not known to the City Council of the City of Chino.
CITY OF CHINO
By:
Swati Meshram, PhD, AICP
Director of Development Services
ATTEST:
By:
Natalie Gonzaga, City Clerk
Certificate of Compliance 2025 1