Agenda packet — Colton City Council, April 2, 2024 (part 1 of 3)

1 CITY OF COLTON
City Hall, Council Chambers
650 N. La Cadena Drive
Colton, CA 92324
Website: www.coltonca.gov

Mayor Frank J. Navarro
Council Members:

David J. Toro – District 1
Kelly J. Chastain – District 2
Dr. Luis S. Gonzalez – District 3
John R. Echevarria – District 4

City Treasurer Aurelio De La Torre

City Manager William R. Smith
City Attorney Carlos Campos
Deputy City Clerk Stephanie M. Vargas

AGENDA

CITY COUNCIL,

COLTON UTILITY AUTHORITY, COLTON PUBLIC FINANCING AUTHORITY,

COLTON HOUSING AUTHORITY

REGULAR MEETING
TUESDAY, APRIL 2, 2024 – 6:00 P.M.

CITY HALL, COUNCIL CHAMBERS
CLOSED SESSION - 5:00 p.m.

NO CLOSED SESSION

RULES OF DECORUM

To help conduct the business of the City Council in an orderly fashion, the City Council has adopted rules pertaining to decorum and order, as provided for in the City Council Manual of Procedure. The City Council will strictly enforce these rules in order to allow full expression of ideas and opinions by councilmembers, staff and the public. Generally, the City's rules of decorum prohibit comments or actions which willfully disrupt the meeting. All remarks and questions shall be addressed to the Council as a whole and not to any particular member. No individual Councilmember or member of the City staff shall be questioned without first obtaining permission from the Presiding Officer. The City Council asks that all persons - including councilmembers, staff and the public - act and speak respectfully.

2 OPEN SESSION
6:00 P.M.

OPEN SESSION CALLED TO ORDER
INVOCATION Pastor Eric Strutz - The Door Church
FLAG SALUTE Veterans of Foreign Wars (VFW) Commander Bernie Moyeda

ROLL CALL

CEREMONIAL MATTERS
Presentations, Awards, Proclamations
 Recognition - Colton High School Girls Varsity Basketball Team  Proclamation - ECE Week of the Young Child
 Proclamation - Pastor Rick Luna

MAYOR AND COUNCIL ITEMS

GIFT DISCLOSURES
Prior to rendering a decision in any proceeding involving a license, permit, contract or other entitlement pending before the City Council, any Council Member who has received been promised a gift or gifts aggregating $50.00 or more in value within the preceding twelve months from a party or participant in the proceeding shall disclose that fact either orally or in writing during open session. This disclosure shall be made part of the official public record of the proceeding, either as part of the minutes of the meeting or as a separate writing filed with the city. (CMC Section 2.04.030) AB 1234 ORAL REPORTS
Members of the City Council shall provide brief reports on meetings attended at the expense of the city. (GC Section 53232.3(d))

APPOINTMENTS

MAYOR AND COUNCIL DISCUSSION ITEMS

3 PUBLIC HEARINGS

To speak on public hearing items, it is requested that you obtain a card from the City Clerk and complete it by noting the agenda item number, as well as whether you are in favor, opposition or neither, and give it to the City Clerk. The applicant will be allowed 5 minutes to address the Council and all other persons will be allowed 3 minutes; provided, however, that the presiding officer shall have certain discretion to extend or limit time as provided for in the City Council Manual of Procedure.

(1) Appeal - Amendment of Iron Horse Hills Tentative Tract Map No. 16798 and Development Agre ement - TIME AND PLACE FIXED TO CONSIDER THE CONTINUED PUBLIC HEARING FROM MARCH 19, 2024, TO APPROVE AND ADOPT RESOLUTION R-26-24 IN ORDER TO DENY AN APPEAL AND UPHOLD THE PLANNING COMMISSION’S DECISION OR TO APPROVE AND ADOPT RESOLUTION NO. R -27-24 TO GRANT THE APPEAL

OF THE PLANNING COMMISSION DECISION TO APPROVE AN AMENDMENT TO IRON HORSE HILLS TENTATIVE TRACT MAP NO. 16798 (Case Index No. DAP-001-343/643) FOR A 184 SINGLE FAMILY LOTS

SUBDIVISION WITH THREE PARKS, OPEN SPACE, DETENTION BASINS AND OTHER RELATED INFRASTRUCTURE THROUGHOUT THE 119.6-ACRE SITE (FILE INDEX NO.: DAP24-0013) AND READ BY TITLE ONLY AND PASS FIRST READING OF ORDINANCE NO. O-04-24, AN ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF COLTON, CALIFORNIA TO APPROVE A DEVELOPMENT AGREEMEN T BETWEEN THE CITY OF

COLTON AND IRON HORSE HILLS APPLICATION FOR A SECOND AMENDMENT AND RESTATED DEVELOPMENT AGREEMENT (Case Index No. DAP-001-343/770) FOR TENTATIVE TRACT MAP NO. 16798

REVISIONS TO INTERNAL CIRCULATION, INCLUDING POINT OF EMERGENCY ACCES S, CLARIFICATION OF

TERMS, AND REMOVING TERMS THAT ARE NO LONGER APPLICABLE WITHIN THE RECHE CANYON SPECIFIC PLAN - RESIDENTIAL ESTATE ZONE (FILE INDEX DAP24-0013), RESOLUTION NO. R-26-24, RESOLUTION NO.

R-27-24, & ORDINANCE NO. O-04-24.
[Staff Person: Heidi Duron]

***Continued Item from the March 19, 2024 Regular Council Meeting***

Public Hearing is Open

City Clerk submits the Affidavit of Publication and reports on protests or objections thereto.

Staff Presentation.

Public Comment.

After hearing pu blic comment, on motion by Councilmember __________, seconded by Councilmember _________, the Public Hearing is terminated.

MOTION __________ SECOND __________

4 (2) Modification of Zoning Entitlements - Logistics Warehouses - TIME AND PLACE FIXED TO CONSIDER A PUBLIC HEARING TO APPROVE AND ADOPT RESOLUTION NOS. R-15-24, R-16-24, AND R-17-24, APPROVING MODIFICATION TO ZONING ENTITLEMENTS FOR 1400-1500 AGUA MANSA ROAD, RESOLUTION NOS. R-15- 24 R-16-24, & R-17-24.
[Staff Person: Heidi Duron]
Mayor announces the Public Hearing Open.

City Clerk submits the Affidavit of Publication and reports on protests or objections thereto.

Staff Presentation.

Public Comment.

After hearing public comment, on motion by Councilmember __________, seconded by Coun cilmember _________, the Public Hearing is terminated.

MOTION __________ SECOND __________

BUSINESS ITEMS
None
PUBLIC COMMENT Limit 3 Minutes
This is the portion of the meeting specifically set aside to invite your comments regarding Consent Calendar items and other general comments about matters not on the agenda; however, any matter that requires action will be referred to staff for investigation and report at a subsequent Council meeting. The Council is prohibited by law from discussing or taking immediate action on items during this public comment period.

Persons desiring to submit paperwork to the City Council Members shall provide copy of any paperwork to the City Clerk for the Official Record.

Speakers will be limited to 3 minutes; provided, however, that the presiding officer shall have certain discretion to extend or limit time as provided for in the City Council Manual of Procedure.

Please state your name and your City of Residence before providing your comment.

CONSENT CALENDAR
All matters listed under the Consent Calendar are considered by the City Council to be routine and will all be enacted by one motion. There will be no separate discussion of these items prior to the time the City Council votes on the motion, unless councilmembers, staff or the public request that specific items be discussed and/or removed for separate discussions or action.

(3) Minutes - Approval of Minutes for the City Council Regular Meeting held on March 19, 2024, on File in the Office of the City Clerk.
[Staff Person: Stephanie M. Vargas]

5 (4) Warrants - Approve voucher numbers 210980 to 211057 dated 02/27/2024 and totaling $84,748.35; voucher numbers 211058 to 211193 dated 02/29/2024 and totaling $1,923,775.41; voucher numbers 211194 to 211216 dated 03/04/2024 and totaling $152,348.61; voucher numbers 211217 to 211292 dated 03/07/2024 and totaling $1,363,805.27; wires dated 03/12/2024 and totaling $5,079,917.83; a payroll disbursement listing dated 01/20/2024 to 02/02/2024 totaling $1,126,134.84 and a payroll disbursement listing dated 02/03/2024 to 02/16/2024 totaling $1,080,943.78. [Staff Person: Stacey Dabbs]
(5) Acceptance of Funds - San Bernardino County Board of Supervisors - Approve and Adopt a Resolution to Ratify the Acceptance of $1,200 from San Bernardino County Board of Supervisors Discretionary Funds to Purchase Clay/Brick Dust for Davis Park Pitching Cage and Increase Revenues and Appropriations in the Amount of $1,200, RESOLUTION NO. R-28-24.
[Staff Person: Brian Dickinson]
(6) Agreement - CJUSD - Approve and Adopt an Agreement with the Colton Joint Unified School District to Provide Two School Resource Officers for FY24/25.
[Staff Person: Tim Heusterberg]
(7) Agreement - County of San Bernardino - Approve Cooperative Agreement with the County of San Bernardino for West Olive Street Improvement Project.
[Staff Person: Brian Dickinson]
(8) Annual Housing Progress Report - 2023 - Approve and Adopt a Resolution Adopting the Annual Housing Progress Report for 2023, RESOLUTION NO. R-29-24.
[Staff Person: Heidi Duron]
(9) Contract Amendment - ERSC - Approve Second (2nd) Amendment to Professional Services Agreement (PSA) for Engineering Services with Engineering Resources of Southern California (ERSC) for Fiscal Year 23/24.
[Staff Person: Brian Dickinson]
(10) Contract Award - Iteris Inc. - Approve the Award of Contract to Iteris, Inc. for the Preparation of City of Colton Citywide Comprehensive Safety Action Plan – Safe Streets for All (SS4A). [Staff Person: Brian Dickinson]
(11) Contract Award - NO-DES, Inc. - Approve an Award of Contract with NO-DES Inc., for the City-wide Water System Flushing Program for the Public Works and Utility Services Department. [Staff Person: Brian Dickinson]
(12) Contract Award - Roadway Engineering & Construction - Approve Award of Contract for the Corporate Yard Block Wall Project to Roadway Engineering & Construction. [Staff Person: Brian Dickinson]
(13) Grant - Bureau of Justice FY2021 - Accept the Bureau of Justice Assistance Bullet Proof Vest Partnership Grant for FY 2021.
[Staff Person: Tim Heusterberg]
(14) Grant - Bureau of Justice FY2023 - Approve and Adopt a Resolution to Accept the Bureau of Justice Assistance Bulletproof Vest Partnership FY2023 Grant Award and Amend the FY2024 Budget, RESOLUTION NO. R-24-24.
[Staff Person: Tim Heusterberg]
(15) Grant - Bureau of Justice FY2022 - Approve and Adopt a Resolution to Accept the Bureau of Justice Assistance Bulletproof Vest Partnership FY2022 Grant Award and Amend the FY2024 Budget, RESOLUTION NO. R-23-24.
[Staff Person: Tim Heusterberg]
(16) Record Retention Policy & Schedule Update - Approve and Adopt an Amended and Restated City-Wide Record Retention Schedule and Records Retention Policy, RESOLUTION NO. R-20-24. [Staff Person: Stephanie M. Vargas]

6 (17) Sidewalk Easement - Approval of Right-of-Way Easement along S. La Cadena Drive for Sidewalk Purposes. [Staff Person: Brian Dickinson]
(18) Utility Assistance Program - ARPA Funds - Approve Utility Assistance Program Utilizing ARPA Funds. [Staff Person: Stacey Dabbs]

MAYOR AND COUNCIL ORAL REPORTS AND COMMENTS
Comments from Mayor and Council on various issues and activities throughout the community. Comments shall be limited to 5 Minutes per speaker.

CITY MANAGER'S REPORTS

ADJOURNMENT

7 I, Stephanie Vargas, the Deputy City Clerk, hereby certify that a true and correct, accurate copy of the foregoing agenda was posted , at least seventy-two (72) hours prior to the meeting per Government Code 54954(a), at the following locations:

City of Colton City Hall 650 N. La Cadena Drive
City of Colton Website, www.coltonca.gov <http://www.coltonca.gov>

PROCEDURES FOR ADDRESSING CITY COUNCIL

For the Official Record, it is requested that you obtain a card from the Deputy City Clerk and complete it by noting a specific item number on the Agenda, if applicable, or you can identify the subject that you wish to address under the Public Comment portion of the Agenda. The City Council encourages public input on all City issues within the Rules of Decorum. Speakers will be limited to the time periods provided on the Agenda; provided, however, that the presiding officer shall have certain discretion to extend or limit time as provided for in the City Council Manual of Procedure.

RULES OF DECORUM

To help conduct the business of the City Council in an orderly fashion, the City Council has adopted rules pertaining to decorum and order, as provided for in the City Council Manual of Procedure. The City Council will strictly enforce these rules in order to allow full expression of ideas and opinions by councilmembers, staff and the public. Generally, the City's rules of decorum prohibit comments or actions which willfully disrupt the meeting. All remarks and questions shall be addressed to the Council as a whole and not to any pa rticular member. No individual Councilmember or member of the City staff shall be questioned without first obtaining permission from the Presiding Officer. The City Council asks that all persons - including councilmembers, staff and the public - act and speak respectfully.

NOTICE TO PUBLIC

Staff reports or other written documentation relating to each item referred to, on the Agenda, are available for public inspection at the following locations: Office of the City Clerk, 650 N. La Cadena Drive, Colton, CA; City of Colton Public Library, 656 9 th St., Colton, CA; or the City of Colton Internet Website, www.coltonca.gov. Any person having questions concerning any item on the Agenda may call the City Clerk at 370 -5191 to make inquiry concerning the nature of the item described on the Agenda. The City Clerk shall direct inquiries to the appropriate office.

All matters listed under the Consent Calendar are considered by the City Council to be routine and will all be en acted by one motion. There will be no separate discussion of these items prior to the time the City Council votes on the motion, unless councilmembers, staff or the public request that specific items be discussed and/or removed for separate discussions or action.

8 In compliance with the American with Disabilities Act, if you need special assistance to participate in a City Meeting, please contact the City Clerk’s Office at 909 -370-5001. Notification 48 hours prior to the meeting will enable the City to mak e reasonable arrangements to ensure accessibility to this meeting.

LEGAL CHALLENGES

If you challenge in court any discussion or action taken concerning an item on this Agenda, you may be limited to raising only those issues you or someone else raised du ring the meeting or in written correspondence delivered to the City at or prior to the City's consideration of the item at the meeting.

MANUAL OF PROCEDURE

The City Council adopted its Manual of Procedure pursuant to Resolution No. R-41-18. Copies are available in the Office of the City Clerk.

ITEM NO. 1

STAFF REPORT

DATE: APRIL 2, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: HEIDI DURON, DEVELOPMENT SERVICES DIRECTOR SUBJECT: TIME AND PLACE FIXED TO CONSIDER THE CONTINUED PUBLIC HEARING FROM MARCH 19, 2024, TO APPROVE AND
ADOPT RESOLUTION R-26-24 IN ORDER TO DENY AN APPEAL
AND UPHOLD THE PLANNING COMMISSION’S DECISION OR TO
APPROVE AND ADOPT RESOLUTION NO. R-27-24 TO GRANT

THE APPEAL OF THE PLANNING COMMISSION DECISION TO

APPROVE AN AMENDMENT TO IRON HORSE HILLS TENTATIVE
TRACT MAP NO. 16798 (CASE INDEX NO. DAP-001-343/643) FOR A 184 SINGLE FAMILY LOTS SUBDIVISION WITH THREE PARKS,

OPEN SPACE, DETENTION BASINS AND OTHER RELATED
INFRASTRUCTURE THROUGHOUT THE 119.6-ACRE SITE (FILE
INDEX NO.: DAP24-0013) AND READ BY TITLE ONLY AND PASS
FIRST READING OF ORDINANCE NO. O-04-24, AN ORDINANCE

OF THE CITY COUNCIL OF THE CITY OF COLTON, CALIFORNIA

TO APPROVE A DEVELOPMENT AGREEMENT BETWEEN THE

CITY OF COLTON AND IRON HORSE HILLS APPLICATION FOR A

SECOND AMENDMENT AND RESTATED DEVELOPMENT
AGREEMENT (CASE INDEX NO. DAP-001-343/770) FOR
TENTATIVE TRACT MAP NO. 16798 REVISIONS TO INTERNAL

CIRCULATION, INCLUDING POINT OF EMERGENCY ACCESS,

CLARIFICATION OF TERMS, AND REMOVING TERMS THAT ARE

NO LONGER APPLICABLE WITHIN THE RECHE CANYON

SPECIFIC PLAN - RESIDENTIAL ESTATE ZONE (FILE INDEX
DAP24-0013), RESOLUTION NO. R-26-24, RESOLUTION NO. R-27- 24, & ORDINANCE NO. O-04-24.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1.1 Packet Pg. 9
Staff Report to the Mayor and City Council
Appeal - Amendment of Iron Horse Hills Tentative Tract Map No. 16798 and Development Agreement
April 2, 2024

Page 2 ends

Adopt Resolution Nos. R -26-24 denying an Appeal of Amendment to Tentative Tract Map No. 16798 and 2 ND Amendment to Development Agreement upholding the Planning Commission’s decision; or

Adopt Resolution No. R -27-24 granting Appeal and overturning the Pl anning Commission decision approving a Tentative Tract Map No. 16798 to allow a 184 Single Family Residential Subdivision on 119.6 -acre site located in the Reche Canyon Specific Plan Residential Estate (R-E) Zone; and

Adopt Ordinance No. O -04-24 - Read b y Title only and pass First Reading of Ordinance No.

O-04-24, an Ordinance of the City Council of the City of Colton, California to approve a Development Agreement between the City of Colton and Iron Horse Hills application granting Appeal and overturning the Planning Commission decision approving 2 nd Amendment and Restated Development Agreement including revisions to Tentative Tract Map No. 16798 internal circulation, including point of emergency access, clarification of terms, and removing terms that are no longer applicable.

BACKGROUND

On February 13, 2024, the Planning Commission considered a development application for Iron Horse Hills Amendment to Tentative Tract Map No. 16798 proposing to develop 184 single - family residential lots (DAP -001-643) and a 2nd Amendment and Restatement of Development Agreement (DA) (DAP-001-770). The 2nd Amendment to the DA proposes revisions to internal circulation, including point of emergency access, clarification of terms of the DA, and remov al of terms that are no longer applicable within the DA.

The Planning Commission received a presentation from staff, and testimony from the applicant and the public. Commission members expressed concerns of the environmental review for the project including issues with existi ng and future traffic along Barton Road, East Washington Street and Reche Canyon Drive. The Commission made a motion and a second to approve Planning Commission Resolutions Nos. R-38-23 and R-35-23, as modified (Baden and Grossich) at which time the Commi ssion voted 2 -3 (Commissioners Baden, Prieto and Peters voting No) denying the project. Planning Commission adopted Minutes of the February 13, 2024, Planning Commission Meeting and are included as Attachment 1.

On February 22, 2024, the applicant submitted an Appeal of Planning Commission’s denial. The appellant’s appeal letter is attached (Attachment 2) . Staff complete both newspaper publication and mailings on March 19, 2024, for the April 2, 2024 City Council meeting.

1.1 Packet Pg. 10
Staff Report to the Mayor and City Council
Appeal - Amendment of Iron Horse Hills Tentative Tract Map No. 16798 and Development Agreement
April 2, 2024

Page 3 ends

The Planning Commission staff r eport with attachments are within Attachment 3 of this staff report.

ISSUES/ANALYSIS

The appeal is a request for the project application to be heard again by the City Council. The appellant’s appeal letter notes the Planning Commission’s “ final vote ends up with two Ayes and three Noes for approval of the project/application causing the motion to fail and the Project subsequently denied.” The appellant ’s letter provides justification for making changes to the originally approved subdivision map , such as further compliance with The City’s 2013 Adopted Mobility Element by increasing major corridor road (Street “A”) from a two-lane road to a four - lane road, improved emergency access location, reducing the number of residential units from 187 to 184, and updating terms of Development Agreement.

The reduction of residential lots in the Amended Tentative Tract Map is expected to generate fewer trips compared to the current Traffic Impact Analysis (TIA) during all time periods (153 fewer daily trips, 12 fewer AM peak hour trips, and 16 fewer PM peak hour trips). Additionally, the revised project site plan is expected to generate fewer trips compared to the 2006 EIR during all time periods (29 fewer daily trips, 2 fewer AM peak hour trips, and 3 fewer PM peak h our trips). It is noted that the additional right -of-way proposed around Street A would also ensure project consistency with Colton General Plan Mobility Element , as related to Long -Term Roadway Improvements, which identifies this road as a “Planned Arterial” between Barton Road and Westwood Street. Ultimate buildout of Street A connecting to Westwood Street is not considered as part of this project. Allowing Street A to act as a connection to Westwood Street would require a new project submission including a separate environmental review.

The following roadway improvements shall be implemented with the project as required by the project’s environmental review:
• Construct Barton Road from the northerly project boundary to the southerly project boundary at its ultimate half-width section as a major arterial; • Construct Westwood Street adjacent to the project boundary at its ultimate half- width section as a Collector (34-foot part width);
• Provide a traffic signal at the access of the project (Barton Road and Street A); • Provide adequate sight distance at the project driveways to meet the minimum City of Colton requirements; and
• Onsite traffic signing and striping shall be implemented in conjunction with detailed construction plans for the project site.

The 2nd AMENDED AND RESTATED DEVELOPMENT AGREEMENT (DAP-001-770)

1.1 Packet Pg. 11
Staff Report to the Mayor and City Council
Appeal - Amendment of Iron Horse Hills Tentative Tract Map No. 16798 and Development Agreement
April 2, 2024

Page 4 ends

Included with the proposed amendment to Tentative Tract Map No. 16798, is a request for a 2nd Amendment to the Development Agreement between the City of Colton and Iron Horse Hil ls LLC. The applicant has requested a ten -year extension of time for the current Development Agreement, which expire d on January 2, 2024. The applicant’s reasons for the amendment are identical to the reasons for the tentative tract map amendment, i.e., delays in the construction industry due to the Covid-19 pandemic; desire of the applicant to update internal roadways to be consistent with roadway designations in the Mobility Element of the General Plan (Street A), and replacement of a reservoir and booster station with a well site.

The proposed Amendment will:
 Extend the term of the Development Agreement for an additional ten years – to December 3, 2033, with the option to extend the term for five more years; and  Vest the developer with rights to develop the property in accordance with approved entitlements, existing land use regulations, and existing impact fees (fixed for 5 years).

In exchange for the extension of time, the Amendment includes the following:
 More detailed commitments for improvements to three local parks, including updated land and improvement valuations;
 Clarifies developer responsibilities associated with the well site improvements;  Commits to annexing the project site into the City’s Maintenance and Public Safety Community Facilities Districts; and
 All other commitments are carried forward, including a “Development Agreement Fee”, which commits to paying the City $2,500 + 50% of net proceeds (in excess of $78,307 per dwelling unit) from CFD bonds issued for financing public facilities and improvements to serve the Project.

The City Council has an option to uphold the Planning Commission’s Decision or overturn the decision of the Planning Commission as related to the Amendment of Tentative Tract Map No. 16798 and 2nd Amendment and Restated Development Agreement.

If the City Council is going to be considering upholding the Planning Commission’s decision, staff will need to return with findings for denial on April 2, 2024, City Council meeting based on the Planning Commission’s conc erns related to traffic and circulation impacts of the project. (Attachment 4)

The City Council may also consider overturning the Planning Commission’s decision and adopt alternative City Council Resolution granting the appellant ’s request to allow Amendm ent of Tentative Tract Map No. 16798, subject to findings and conditions of approval within City Council Resolution No. R -27-24 and grant the appellants request for 2 nd Amendment and

1.1 Packet Pg. 12
Staff Report to the Mayor and City Council
Appeal - Amendment of Iron Horse Hills Tentative Tract Map No. 16798 and Development Agreement
April 2, 2024

Page 5 ends

Restated Development Agreement, pursuant to City Council Ordinance No. O -04-24. The Iron Horse Hills Environmental Impact Report Addendum for the project is available on -line at the following link: https://www.ci.colton.ca.us/DocumentCenter/View/8186/DAP-001-643_Iron- Horse-Hills_Draft-Addendum_Oct-2022

The Resolutions for the recommendations are attached including alternative action findings for approval with conditions of approval (Attachments 5 and 6).

Because an appeal in the City of Colton also provides an applicant the opportunity for the issue to be heard again, the City Council may request more information from the applicant or make a decision based on the information in the staff report, attachments, environmental document provided herein, staff presentation, public comment and public hearing held on this item.

The appellant has provided a letter from Rutan and Tucker and a presentation plans packet that as part of their appeal application, which were added to this staff report as Attachments 2.a. and

2.b. The letter is in support of the project further pointing out the appellants reasons for appeal and “proactively addressing legal questions” that may arise in connection with City Council on April 2, 2024.

FISCAL IMPACTS

None.

ALTERNATIVES

 Deny Appeal and uphold Planning Commission decision; or

 Grant Appeal overturning the Planning Commission Decision denial of Amendment to Tentative Tract Map No. 16798 and recommendation of denial of the 2nd Amendment and Restated Development Agreement, or

 Provide alternative direction to staff.

ATTACHMENT

1. Attachment 1_02-13-23_PC Meeting Minutes_Final Draft

2. Attachment 2_Appeal Letter_DAP24-0013_Iron Horse Hills_Dated February 20, 2024

3. Attachment 2.a. Rutan and Tucker_Letter_Received 3-13-2024

4. Attachment 2.b. Iron Horse Hills Plans Packet_3-13-2024

5. Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments

6. Attachment 4_City Council RESOLUTION R-26-24_Draft

7. Attachment 5_City Council RESOLUTION R-27-24_Draft

1.1 Packet Pg. 13
Staff Report to the Mayor and City Council
Appeal - Amendment of Iron Horse Hills Tentative Tract Map No. 16798 and Development Agreement
April 2, 2024

Page 6 ends

8. Attachment 6_City Council Ordinance O-04-24_Iron Horse Hills 2nd Amended and Restated Development Agreement

9. Attachment 7_2nd Amended and Restated Iron Horse Hills Development Agreement_11-9- 23 1.1
Packet Pg. 14

CITY OF COLTON

PLANNING COMMISSION AGENDA

MEETING MINUTES

COUNCIL CHAMBERS, 650 NORTH LA CADENA DRIVE, COLTON, CA 92324 REGULAR MEETING –TUESDAY, FEBRUARY 13, 2024 – 5:30 P.M.

A. CALL TO ORDER at 5:30 p.m.

B. ROLL CALL

Present
Richard Prieto
Adrianna Escarcega
Leticia (“Tish”) Baden
Dr. Eric Peters
Gary Grossich

Commissioners Absent:

Staff Present:

Jim Priest, City Attorney from BBK
Mario Suarez, Interim Development Services Director/Planning Manager Steve Gonzales, Associate Planner
Moises Peralta, Associate Engineer
Daniel Lunt, Police Sergeant

C. PLEDGE OF ALLEGIANCE Led by Commission Member Dr. Eric Peters

D. APPROVAL OF MEETING MINUTES FOR

January 9, 2024, Draft Planning Commission Minutes
January 23, 2024, Draft Planning Commission Minutes

First motion and second by Commissioner Baden / Commissioner Escarcega to approve January 9, 2024, Meeting Minutes Draft.

Roll Call vote: Ayes: 5 Noes: 0 Absent: 0 Abstain: 1 (Grossich)

Second motion and second by Commissioner Baden / Commissioner Escarcega to approve January 23, 2024, Meeting Minutes Draft.

Roll Call vote: Ayes: 5 Noes: 0 Absent: 0 Abstain: 0
Commissioners:

Richard Prieto, District 1

Adrianna Escarcega, District 2

Letitia Baden, District 3

Dr. Eric Peters, District 4

Gary Grossich, At Large

1.1.a
Packet Pg. 15
Attachment: Attachment 1_02-13-23_PC Meeting Minutes_Final Draft (4468 : Appeal - Amendment of Iron Horse Hills Tentative Tract Map No.

Planning Commission Meeting Minutes
February 13, 2024

Page 2 of 5 ends

E. PUBLIC COMMENTS:

None

F. PUBLIC HEARING

1. FILE INDEX NO.: DAP23-0010 Ecology Recycling Services/AIM (Continued from January 23, 2024)

APPLICANT: Ecology Recycling Services / AIM (as called up by the Planning Commission)

PROPERTY OWNER: M Street LLC (Charles Siroonian, Manager)

PROPERTY LOCATION: 785 East M Street

ASSESSORS PARCEL NO.: 0276-121-19 and 0163-041-43

REQUEST: A Review of Modification of Zoning Entitlements (C-5-86, D-55-01, DAP-000-794, DAP-000-999, DAP -0001-083, and DAP -001-227) related to Ecology Recycling Services / AIM Conditional Use Permit and Architectural and Site Plan Review pertaining to the existing metal shredding / recycling use Variance to allow an 18 -feet high perimeter fence instead of 8 -feet maximum permitted by Code along the east property line on property measuring approximately 19.39 acres of land within the M-2 (Heavy Industrial) Zone.

ENVIRONMENTAL DETERMINATION: Pursuant to the California Environmental Quality Act (CEQA), Section 15162 no new significant impacts have occurred and therefore, no additional environmental review is required for approval of the application. The existing environmental documents related to the project will remain in place including Certified Environmental Impact Report State Clearinghouse Number 20022111002 (D-55-01 and DAP-000-794), Addendum to Certified EIR (DAP-001-083) and Mitigated Negative Declaration (DAP-001-227).

Presented by: Mario Suarez, Interim Development Services Director/Planning Manager

STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve the Modification Conditional Use Permit and Architectural & Site Plan Review as requested by the Planning Commission, subject to conditions, through the adoption of the draft Resolution titled:

RESOLUTION NO. R-32-23 A RESOLUTION OF THE OF THE CITY OF COLTON PLANNING COMMISSION APPROVING MODIFICATION OF ZONING ENTITLEMENTS (C-5-86, D-55-01, DAP-000-794, DAP -000-999, DAP-001-083, AND DAP -001-227) RELATED TO ECOLOGY RECYCLING SERVICES / AIM (American Iron and Metal) CONDITIONAL USE PERMIT AND

ARCHITECTURAL AND SITE PLAN REVIEW PERTAINING TO THE EXISTING METAL SHREDDING / RECYCLING USE ON PROPERTY MEASURING APPROXIMATELY 19.39 ACRES OF LAND WITHIN THE M-2 (HEAVY INDUSTRIAL) ZONE.

1.1.a
Packet Pg. 16
Attachment: Attachment 1_02-13-23_PC Meeting Minutes_Final Draft (4468 : Appeal - Amendment of Iron Horse Hills Tentative Tract Map No.

Planning Commission Meeting Minutes
February 13, 2024

Page 3 of 5 ends

RESOLUTION NO. R -02-24 A RESOLUTION OF THE CITY OF COLTON PLANNING COMMISSION APPROVING A VARIANCE TO ALLOW AN 18-FEET HIGH PERIMETER FENCE ON THE EAST SIDE OF THE PROJECT PERIMETER INSTEAD OF 8-FEET HIGH MAXIMUM ALLOWED BY THE CITY’S ZONING CODE ON PROJECT SITE MEASURING APPROXIMATELY 19.39 ACRES IN AREA WITHIN THE M-2 (HEAVY INDUSTRIAL) ZONE

PUBLIC COMMENTS:

Gem Montes
Veronica Gonzales
Evelyn Lives on 10th Street around the corner from “M” Street Richard Mondel

COMMISSION ACTION
Motion and second by Commissioner Grossich / Commissioner Dr. Peters to continue Public Hearing to meeting on March 26, 2024 with public hearing open to allow staff time to conduct research on other metal shredding companies.

Roll Call vote: Ayes: 5 Noes: 0 Absent: 0 Abstain: 0

2. FILE INDEX NUMBER: DAP-001-643 & DAP-001-770 Iron Horse Hills

APPLICANT: Brandon Barnett, KWC Engineers

PROPERTY OWNER: Iron Horse Hills, LLC (Patrick Sovereign)

PROPERTY LOCATION: 1300 Barton Road

ASSESSORS PARCEL: 0162-221-01, 0162-221-02 and 0162-221-24

REQUEST: The applicant is requesting Amendment to Tentative Tract Map No. 16798 (Case Index No. DAP-001-643) which includes the development of 184 single-family detached residential units, as well as three parks, open space, detention basins, and other related infrastructure throughout the 119.6-acre site. Refer to Exhibit 3, Conceptual Site Plan. Although not proposed as part of this project, the additional right -of-way would ensure project consistency with Colton General Plan Mobility Element Figure M-3 (Long-Term Roadway Improvements), which identifies this road as a “Planned Arterial” between Barton Road and Westwood Street. These improvements resulted in the loss of three single family detached residential units. The second request is for a Second Amended and Restated Development Agreement (Case Index No. DAP -001-770) for the aforementioned Tentative Tract Map No. 16798 revisions to internal circulation, including point of emergency access, clarification of terms, and removing terms that are no longer applicable.

ENVIRONMENTAL DETERMINATION: CEQA (California Environmental Quality Act) Guidelines allow for updating and using a previously certified EIR for projects that have changed or are different from the previous project or conditions analyzed in the certified EIR. In cases where

1.1.a
Packet Pg. 17
Attachment: Attachment 1_02-13-23_PC Meeting Minutes_Final Draft (4468 : Appeal - Amendment of Iron Horse Hills Tentative Tract Map No.

Planning Commission Meeting Minutes
February 13, 2024

Page 4 of 5 ends

changes or additions occur with no new significant environmental impacts, an addendum to a previously certified EIR may be prepared, consistent with CEQA Guidelines Section 15164.

Presented by: Mario Suarez, Interim Development Services Director/Planning Manager

STAFF RECOMMENDATION: STAFF RECOMMENDATION. Staff recommends that the Planning Commission approve resolutions titled:

RESOLUTION NO. R -38-23 A RESOLUTION THE CITY OF COLTON PLANNING COMMISSION APPROVING AMENDMENT TO TENTATIVE TRACT MAP NO. 16798 (CASE INDEX NO. DAP -001-343) WHICH INCLUDES THE DEVELOPMENT OF 184

SINGLE-FAMILY DETACHED RESIDENTIAL UNITS, AS WELL AS THREE PARKS,

OPEN SPACE, DETENTION BASINS, AND OTHER RELATED INFRASTRUCTURE THROUGHOUT THE 119.6 -ACRE SITE AND MAKING FINDINGS PURSUANT TO PUBLIC RESOURCES CODE SECTION 21166 TO ADOPT THE ADDENDUM TO THE IRON HORSE HILLS RESIDENTIAL PROJECT EIR (ST ATE CLEARINGHOUSE NO. 2005041028). (FILE INDEX NO. DAP-001-643)

RESOLUTION NO. R -35-23 A RESOLUTION OF THE PLANNING COMMISSION OF

THE CITY OF COLTON RECOMMENDING TO THE CITY COUNCIL APPROVAL OF

A SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT WITH IRON

HORSE HILLS LLC FOR THE IRON HORSE HILLS DEVELOPMENT PROJECT (TENTATIVE TRACT MAP NO. 16798), LOCATED AT 1300 EAST BARTON ROAD IN THE CITY OF COLTON (DAP-001-770)

PUBLIC COMMENTS:

Randy Friberg
Bruce Ricker
Nelson Tello
Annette Tello
Thomas Smith
Brandon Barnett
Manual Mancha

COMMISSION ACTION
Motion and second by Commissioner Baden / Commissioner Grossich to approve project as modified,. Project was denied. 10-day appeal period was noted by staff.

Roll Call vote: Ayes: 2 Noes: 3 (Baden, Prieto, Peters) Absent: 0 Abstain: 0

G. PRESENTATION OF EMERALD VILLAGE I - 27 SMALL LOT SUBDIVISION Continued to February 27, 2024

H. DIRECTOR’S REMARKS/REVIEW OF CITY COUNCIL AGENDAS
None

1.1.a
Packet Pg. 18
Attachment: Attachment 1_02-13-23_PC Meeting Minutes_Final Draft (4468 : Appeal - Amendment of Iron Horse Hills Tentative Tract Map No.

Planning Commission Meeting Minutes
February 13, 2024

Page 5 of 5 ends

I. COMMISSION COMMENTS

COMMISSIONER RICHARD PRIETO
• Thank staff for the work.
• Colton Girl’s High School Varsity Basketball Team took league and playing Grand Terrace tomorrow at 7:00 pm. Encouraged the public to go out an support the team.

COMMISSIONER ADRIANNA ESCARCEGA
• _General Inquiry on project that is denied.

COMMISSIONER LETITIA BADEN
• No Comments_________________________________________________________

COMMISSIONER DR. ERIC PETERS
• Challenging evening and focus on citizen concerns and other areas of a project. • Noted that not everything is automatically approved.

COMMISSIONER GARY GROSSICH
• General comment on state law and mandates related to Planning Commission reviews. • Thank staff for work and answering questions related to the projects.

J. ADJOURNMENT

Meeting adjourned at 9:15 pm

Next Scheduled Meeting: Tuesday, February 27, 2024

Documents Related to Open Session Agendas (SB 343). Any public record, relating to an open session agenda item, that is distributed within 72 hours prior to the meeting is available for public inspection Monday through Thursday 7:30 am to 5:00 p.m. at the City of Colton Development Services Department located at the Civic Center Annex (across the street from City Hall) at 659 N. La Cadena Drive, Colton, CA 92324. The meeting will be an in -person meeting and comments via telephone or zoom will not be available.

Appeal of Planning Commission Action. If you challenge in court any action of the Planning Commission related to a public hearing item, you may be limited to raising only those issues you or someone else has raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to, the public hearing. A decision of the Planning Commission may be appealed to the City Council. An appeal must be filed within ten (10) days following the appellant’s receipt of notice of the action.

ADA Compliance. In compliance with the American with Disabilities Act, if you need special assistance to participate in a Planning Commission Meeting, please contact the Planning Division at 909-370-5079. Notification forty-eight (48) hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

1.1.a
Packet Pg. 19
Attachment: Attachment 1_02-13-23_PC Meeting Minutes_Final Draft (4468 : Appeal - Amendment of Iron Horse Hills Tentative Tract Map No.

1.1.b
Packet Pg. 20
Attachment: Attachment 2_Appeal Letter_DAP24-0013_Iron Horse Hills_Dated February 20, 2024 (4468 : Appeal - Amendment of Iron Horse

1.1.b
Packet Pg. 21
Attachment: Attachment 2_Appeal Letter_DAP24-0013_Iron Horse Hills_Dated February 20, 2024 (4468 : Appeal - Amendment of Iron Horse

1.1.c
Packet Pg. 22
Attachment: Attachment 2.a. Rutan and Tucker_Letter_Received 3-13-2024 (4468 : Appeal - Amendment of Iron Horse Hills Tentative Tract Map

1.1.c
Packet Pg. 23
Attachment: Attachment 2.a. Rutan and Tucker_Letter_Received 3-13-2024 (4468 : Appeal - Amendment of Iron Horse Hills Tentative Tract Map

1.1.c
Packet Pg. 24
Attachment: Attachment 2.a. Rutan and Tucker_Letter_Received 3-13-2024 (4468 : Appeal - Amendment of Iron Horse Hills Tentative Tract Map

1.1.c
Packet Pg. 25
Attachment: Attachment 2.a. Rutan and Tucker_Letter_Received 3-13-2024 (4468 : Appeal - Amendment of Iron Horse Hills Tentative Tract Map

1.1.c
Packet Pg. 26
Attachment: Attachment 2.a. Rutan and Tucker_Letter_Received 3-13-2024 (4468 : Appeal - Amendment of Iron Horse Hills Tentative Tract Map

1.1.c
Packet Pg. 27
Attachment: Attachment 2.a. Rutan and Tucker_Letter_Received 3-13-2024 (4468 : Appeal - Amendment of Iron Horse Hills Tentative Tract Map

1.1.c
Packet Pg. 28
Attachment: Attachment 2.a. Rutan and Tucker_Letter_Received 3-13-2024 (4468 : Appeal - Amendment of Iron Horse Hills Tentative Tract Map

1.1.c
Packet Pg. 29
Attachment: Attachment 2.a. Rutan and Tucker_Letter_Received 3-13-2024 (4468 : Appeal - Amendment of Iron Horse Hills Tentative Tract Map

1.1.c
Packet Pg. 30
Attachment: Attachment 2.a. Rutan and Tucker_Letter_Received 3-13-2024 (4468 : Appeal - Amendment of Iron Horse Hills Tentative Tract Map I R O N H O R S E H I L L S1 8 6 L O T S

1.1.d
Packet Pg. 31
Attachment: Attachment 2.b. Iron Horse Hills Plans Packet_3-13-2024 (4468 : Appeal - Amendment of Iron Horse Hills Tentative Tract Map No.

1.1.d
Packet Pg. 32
Attachment: Attachment 2.b. Iron Horse Hills Plans Packet_3-13-2024 (4468 : Appeal - Amendment of Iron Horse Hills Tentative Tract Map No.

1.1.d
Packet Pg. 33
Attachment: Attachment 2.b. Iron Horse Hills Plans Packet_3-13-2024 (4468 : Appeal - Amendment of Iron Horse Hills Tentative Tract Map No.

EXISTINGPROPERTYBOUNDARY

EXISTINGPROPERTYBOUNDARY
EVA
EVA

EXISTINGPROPERTYBOUNDARY

EXISTINGPROPERTYBOUNDARY
EVA

EXISTINGPROPERTYBOUNDARY
TENTATIVE TRACT MAP 16798APPROVED 2012
4/19/2023 SHEET 1 OF 1LEGENDTTM 16798ROADWAY(2012)SUBSTANTIALCONFORMANCETTM 16798 ROADWAY(2020)

EXISTINGROADWAY
SUBSTANTIAL CONFORMANCETENTATIVE TRACT MAP 16798REVISED 2020

PROPOSEDPARKS

1.1.d
Packet Pg. 34
Attachment: Attachment 2.b. Iron Horse Hills Plans Packet_3-13-2024 (4468 : Appeal - Amendment of Iron Horse Hills Tentative Tract Map No. 16798 and Development Agreement)

1.1.d
Packet Pg. 35
Attachment: Attachment 2.b. Iron Horse Hills Plans Packet_3-13-2024 (4468 : Appeal - Amendment of Iron Horse Hills Tentative Tract Map No.

STREET A
SKYVIEW DR.
64' ST.
36' ST.

BARTON RD.

EXISTINGPROPERTYBOUNDARY

EXISTINGPROPERTYBOUNDARY
HILLTOP DR.

FLOOD CHANNEL
S. MYRTLEWOOD AVE.

WESTWOOD ST.
56' R/W
88' R/W

STREET A
TENTATIVE TRACT MAP 16798 EXHIBITCIRCULATION AND ACCESS (2012 vs. 2020) 4/24/2023 SHEET 1 OF 2
LEGENDTTM 16798ROADWAY(2012)SUBSTANTIAL CONFORMANCETTM 16798 ROADWAY(2020)

EXISTINGROADWAY

1.1.d
Packet Pg. 36
Attachment: Attachment 2.b. Iron Horse Hills Plans Packet_3-13-2024 (4468 : Appeal - Amendment of Iron Horse Hills Tentative Tract Map No. 16798 and Development Agreement)

1.1.d
Packet Pg. 37
Attachment: Attachment 2.b. Iron Horse Hills Plans Packet_3-13-2024 (4468 : Appeal - Amendment of Iron Horse Hills Tentative Tract Map No. 16798 and Development Agreement)

EXISTING PROPERTYBOUNDARY

EXISTING SCEPOWER LINEEASEMENTEXISTING SCEPOWER LINESEXISTING PROPERTYBOUNDARY EXISTING SCEPOWER LINESEX.SLOPE
BARTON RD.

WESTWOOD ST.

STREET A

STREET A
EXISTING SCEPOWER LINEEASEMENT115'
305' DRAINAGE FACILITYAND ACCESS
LOT E6.32 AC(INCLUDES DRAINAGEFACILITY & ACCESS)EXISTING PROPERTYBOUNDARY

EXISTING PROPERTYBOUNDARY

EXISTING PROPERTYBOUNDARY
LOT B PARK(1.06 AC)
REMAINDER LOT PARK(2.10 AC)

SCE POWER LINEEASEMENT
EX.SLOPE
EX.SLOPE

PROPOSEDSLOPE

EXISTING SCEPOWER LINES
EX.SLOPE

PROPOSEDSLOPE
EX.SLOPESCE ACCESSROADPROPOSED LOT H PARK(3.93 AC)

EXISTING PROPERTYBOUNDARY

EXISTING SCEPOWER LINES

STREET A
STREET ABARTON RD.

WESTWOOD ST.

TENTATIVE TRACT MAP 16798APPROVED 2012
10/27/2023 SHEET 1 OF 1
LEGEND
SUBSTANTIAL CONFORMANCETENTATIVE TRACT MAP 16798REVISED 2020 EXIST./PROPOSEDSLOPES
TTM 16798 (2020)PARKS SUMMARYDESCRIPTIONDESIGNATIONLOT BREMAINDERLOTLOT HTOTALSTTM 16798 (2020) PARKSSLOPES0.311.720.332.36TTM 16798 (2020) PARKSSCE SLOPES2.792.79TTM 16798 (2020) PARKUSABLE0.750.380.591.72TTM 16798 (2020) PARKSCE RESTRICTED0.220.22TOTAL AREA1.062.103.937.09

PROPOSEDUSABLEPARKSPROPOSEDSCERESTRICTED

IRON HORSE HILLSPARK COMPARISON EXHIBIT

EXISTINGSLOPES(SCE)
TTM 16798 (2020)PARKS SUMMARYDESCRIPTIONDESIGNATIONLOT ETTM 16798 (2020) PARKSSLOPES0.31TTM 16798 (2020) PARKSSCE SLOPES0.73TTM 16798 (2020) PARKUSABLE1.26TTM 16798 (2020) PARKSCE RESTRICTED2.00TOTAL AREA4.30 LAND USE RESTRICTION AGREEMENT FOR SCE EASEMENTS (INSTR. 2013-0128486, DATED 3/29/2013)1.OWNER AGREES THAT NO STRUCTURES OR OBSTRUCTIONS, INCLUDING, BUT NOT LIMITED TO, FENCES WILL BE CONSTRUCTED OR INSTALLED WITHIN SCE'S RIGHT OF WAY EASEMENT.2.OWNER AGREES NOT TO PARK, REFUEL, STORE OR REPAIR ANY VEHICLE OR EQUIPMENT WITHIN SCE'S RIGHT OF WAY EASEMENT.3.OWNER AGREES NOT TO STORE ANY FLAMMABLE MATERIAL WITHIN SCE'S RIGHT OF WAY EASEMENT.4.SCE SHALL HAVE FULL UNOBSTRUCTED ACCESS TO ITS FACILITIES WITHIN SCE'S RIGHT OF WAY EASEMENT. OWNER AGREES THAT AT NO TIME WILL THERE BE ANY INTERFERENCE WITH THE FREE MOVEMENT OFSCE'S EQUIPMENT AND MATERIAL WITHIN SCE'S RIGHT OF WAY EASEMENT.5.OWNER AGREES TO PROVIDE TWENTY (20) FOOT-WIDE COMMERCIAL TYPE DRIVEWAYS WITH CURB DEPRESSIONS CAPABLE OF SUPPORTING FORTY (40.00) TONS ON A THREE-AXLE TRUCK AT SUCH LOCATIONS ASSPECIFIED BY SCE.6.ANY TREES OR PLANTS WITHIN THE RIGHT OF WAY EASEMENT SHALL BE MAINTAINED BY OWNER AND SHALL NOT EXCEED A HEIGHT OF FIFTEEN (15) FEET.7.IN THE EVENT SCE SHALL SO REQUIRE THE REMOVAL OF ANY ENCROACHMENT DEEMED BY SCE TO BE IN VIOLATION OF THIS AGREEMENT, OWNER AGREES TO REMOVE THE SAME AT OWNER'S EXPENSE, WITHIN SIXTY(60) DAYS AFTER RECEIVING WRITTEN NOTICE FROM SCE SO TO DO. SHOULD OWNER FAIL TO SO REMOVE SAID ENCROACHMENT, OR SUCH PART THEREOF AS MAY BE SPECIFIED IN SAID NOTICE, WITHIN SAID PERIODOF SIXTY (60) DAYS, SCE MAY FORTHWITH REMOVE SAID ENCROACHMENT, OR SUCH PART THEREOF AS MAY BE SPECIFIED IN SAID NOTICE, AT THE EXPENSE AND RISK OF OWNER, WHICH EXPENSE OWNER AGREESTO PAY TO SCE UPON DEMAND, TOGETHER WITH THE LESSER OF TEN (10) PERCENT INTEREST, OR THE MAXIMUM ALLOWED BY LAW, FROM THE DATE OF EXPENDITURE BY SCE.8.OWNER RECOGNIZES THE EASEMENT RIGHTS OF SCE IN AND TO SAID REAL PROPERTY, AND AGREES NEVER TO ASSAIL OR RESIST SUCH RIGHTS.9.OWNER AGREES TO INDEMNIFY AND SAVE HARMLESS SCE FROM AND AGAINST ANY LOSS, DAMAGE, LIABILITY, COST, CHARGE, OR EXPENSE ARISING FROM THE DEATH OF OR INJURY TO ANY PERSONS OR FROMDAMAGE TO ANY PROPERTY BY REASON OF THE MAINTENANCE, OPERATION, USE OR PRESENCE OF ANY ENCROACHMENTS IN VIOLATION OF THIS AGREEMENT.10.OWNER AGREES THAT REFERENCE TO THIS AGREEMENT WILL BE INCLUDED M ANY INSTRUMENT CONVEYING REAL PROPERTY RIGHTS AFFECTING THE HEREINBEFORE DESCRIBED REAL PROPERTY.11.IN THE EVENT THAT THE PROJECT REQUIRES RELOCATION OF ANY OF SCE'S FACILITIES, OWNER WILL BE REQUIRED TO BEAR THE COST OF SUCH RELOCATION AND PROVIDE REPLACEMENT RIGHTS SATISFACTORY TOSCE. SUCH COSTS AND REPLACEMENT RIGHTS WILL BE REQUIRED PRIOR TO THE PERFORMANCE OF THE RELOCATION.12.IT IS INTENDED BY SCE AND OWNER THAT THIS AGREEMENT SHALL NOT EXTINGUISH SCE'S PRIOR EXISTING BENEFICIAL EASEMENT RIGHTS IN AND TO THE LANDS OF OWNER AND THE RIGHTS OF SCE IN THE LANDSOF OWNER SHALL BE REFERABLE TO BOTH THE PRIOR EXISTING BENEFICIAL EASEMENT RIGHTS AND THE INTERESTS, COVENANTS AND CONDITIONS CONVEYED OR CREATED BY THIS AGREEMENT. IT IS FURTHERINTENDED THAT INTERVENING RIGHTS OR INTERESTS, IF ANY, SHALL REMAIN SUBJECT TO SCE'S RIGHTS REFERABLE TO SCE'S PREEXISTING EASEMENT RIGHTS. SAID PREEXISTING EASEMENT RIGHTS SHALL BEPRESERVED IN FULL FORCE AND EFFECT.

SCE EASEMENTSSCE POWER LINES

1.1.d
Packet Pg. 38
Attachment: Attachment 2.b. Iron Horse Hills Plans Packet_3-13-2024 (4468 : Appeal - Amendment of Iron Horse Hills Tentative Tract Map No. 16798 and Development Agreement) STOP
STOP

BARTON ROAD CL

YOST & BAKER ACCESS ROAD
STA 1+00

EXISTING CURB

STRIPED MEDIAN

ACCELLERATION LANE

DECELLERATION / TURN LANE

EXISTING CURB

SIGNALIZED INTERSECTION

33.5’
16’
16’
12’
10’
7’
16’
16’
16’
16’
16’
12’
12’
12’
12’
36’

HILLTOP DRIVE

33.5’
16’
16’
12’

BARTON ROAD & PROJECT ENTRY

CONCEPTUAL INTERSECTION PLAN

IRON HORSE HILLS
TRACT 16798 SCALE: 1”=100’

1.1.d
Packet Pg. 39
Attachment: Attachment 2.b. Iron Horse Hills Plans Packet_3-13-2024 (4468 : Appeal - Amendment of Iron Horse Hills Tentative Tract Map No. 16798 and Development Agreement)

WASHINGTON STREET

RECHE CANYON ROAD

BARTON ROAD
I-215

BARTON ROAD
S. HUNTS LANE

HUNTS LANE

BARTON ROAD
I-215

EXISTING FIRESTATION

PRADO LANECRYSTAL RIDGE LANE

EMERGENCY CIRCULATION PLAN

BEFORE IRON HORSE

1.1.d
Packet Pg. 40
Attachment: Attachment 2.b. Iron Horse Hills Plans Packet_3-13-2024 (4468 : Appeal - Amendment of Iron Horse Hills Tentative Tract Map No. 16798 and Development Agreement)

WASHINGTON STREET

RECHE CANYON ROAD

BARTON ROAD
GLENWOOD AVE.

I-215

BARTON ROAD
S. HUNTS LANE
IRON HORSE HILLSDEVELOPMENTTTM 16798

HUNTS LANE

PROPOSEDARTERIALROADWAY

WESTWOODROAD

BARTON ROAD
I-215

EXISTING FIRESTATION

PRADO LANECRYSTAL RIDGE LANE

EMERGENCY CIRCULATION PLAN

AFTER IRON HORSE

1.1.d
Packet Pg. 41
Attachment: Attachment 2.b. Iron Horse Hills Plans Packet_3-13-2024 (4468 : Appeal - Amendment of Iron Horse Hills Tentative Tract Map No. 16798 and Development Agreement)

1.1.d
Packet Pg. 42
Attachment: Attachment 2.b. Iron Horse Hills Plans Packet_3-13-2024 (4468 : Appeal - Amendment of Iron Horse Hills Tentative Tract Map No.

Planning Commission Memorandum
City of Colton
Development Services Department

DATE: February 13, 2024

TO: HONORABLE CHAIR AND MEMBERS OF THE PLANNING COMMISSION

FROM: MARIO SUAREZ, AICP, INTERIM DEVELOPMENT SERVICES

DIRECTOR/PLANNING MANAGER

SUBJECT: IRON HORSE HILLS SUBDIVISION – RECHE CANYON TRAFFIC AD-HOC

COMMITTEE REVIEW

BACKGROUND AND INFORMATION
On November 28, 2023, the Planning Commission requested review of this agenda item with the Public Works Reche Canyon Traffic Ad-Hoc Committee (RCTAHC). The RCTAHC required appointment of new committee members due to former committee member resignations (Attachment 1). On December 12, 2023, staff clarified that Commission Member Dr. Eric Peters was an appointed member of the RCTAHC; however, one additional Planning Commission Member would need to be appointed. On January 9, 2024, the Planning Commission appointed Chair Richard Prieto to the RCTAHC. On January 16, 2024, the City Council appointed Jacqueline Maypray-Fitch to the RCTAHC.

On January 25, 2024, the Public Works RCTAHC met at 5:00 pm in the City Council Chambers. Attachment 2 includes a copy of the Draft RCTAHC Minutes. Planning Division summary of the issues and concerns brought up by the Committee and Planning Response for the Planning Commission include:
▪ Concerns about the 2006 EIR data being too old, and the recent Addendum did not take into account recent traffic counts.

City Response: The CEQA Guidelines allow for updating and using a previously certified EIR for projects that have changed or are different from the previous project or conditions analyzed in the certified EIR. In cases where changes or additions occur with no new signi ficant environmental impacts, an addendum to a previously certified EIR may be prepared, consistent with CEQA Guidelines Section 15164. This Addendum has been prepared in accordance with Section 21166 of CEQA and Sections 15162 and 15164 of the CEQA Guidelines.

The EIR Addendum explained the proposed changes as compared to the approved project: The main component of the approved project that comprises a change in the project description as part of the revised project is the residential unit count. The analysis contained in the 2006 EIR was for a residential development including 187 units, wherea s the revised project has removed three of the proposed units in order to accommodate the additional right -of-way surrounding “Street A” between Barton Road (the western project boundary) and Westwood Street (the eastern project boundary). Although not proposed as part of this project, the additional right-of-way would ensure project consistency with Colton General Plan Mobility Element Figure M -3 (Long -Term Roadway Improve ments), which identifies this road as a “Planned Arterial” between Barton Road and Westwood Street. 1 As such, the revised project includes a residential unit count of 184 units, as described previously.

1.1.e
Packet Pg. 43
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills

Staff Memorandum – Iron Horse Hills Amendment to TTM and Amended and Restated Development Agreement February 13, 2024

Page 2 of 3 ends

The approved project proposed development of a reservoir and booster station with water services provided via the City of Colton Water Department. These features are no longer proposed under the revised project. Rather, the revised project would construct a groundwater well located on approximately

0.5 acres of Lot B or Lot F. A pressure reducing station would also be constructed on an approximately

0.25-acre portion of Lot H. Both features would be dedicated to the City and operated by the City’s Water Department. In addition, the approved project had also included two entitlements that are no longer being proposed as part of the revised project. The General Plan Amendment and Specific Plan Amendment (to amend the Reche Canyon Specific Plan) have been removed from the revised project and are not included as part of the analysis in this Addendum.

The Addendum also includes review of 20 “environmental factors” including Transportation. As stated within the Addendum – “This section corresponds with 2006 EIR Effects Found Not To Be Significant (Transportation/Traffic) section and 2005 Initial Study Appendix XV, Transportation/Traffic. In addition, the Iron Horse Hills Residential Development Trip Generation Assessment (Trip Generation Assessment) was prepared by Michael Baker International (dated February 16, 2022); refer to Appendix B, Trip Generation Assessment.”

An excerpt of the EIR Addendum Transportation Analysis is attached for the Commission’s review (See Attachment 3)

▪ Look at timing of signals with the County of San Bernardino along Reche Canyon Drive.

City Response: Noted – Public Works staff and Planning staff will work with the County to improve the signal timing and other measures to help improve the bottle neck congestion presently occurring on Reche Canyon Drive.
▪ Review possible addition right turn lane at the intersection of Reche Canyon Drive and East Washington traveling east.

City Response: Noted – Public Works staff and Planning staff will review possible addition of a second right turn lane on Eash Washington and Reche Canyon in a coordinated effort to also review with the County improving the signal timing and other measures to help improv e the bottle neck congestion presently occurring on Reche Canyon Drive and East Washington Street. ▪ Concerns with Bottleneck at the County portion of Reche Canyon Dr.

City Response: Noted - similar response to signal timing and adding additional right hand turn lane from East Washington Street.

The November 28, 2023, Planning Commission staff report cover with no attachments is included in Attachment-4. Attachment 5 includes the link to the full Addendum published in April 2023 on the City’s Website. Staff also updated the dates of approval of the 2023 PC Draft Resolutions, included updated and restated Development Agreement, and provided plans for the project in Attachments 6-9 of this staff report.

ENVIRONMENTAL DETERMINATION: This Addendum has been prepared in accordance with Section 21166 of CEQA and Sections 15162 and 15164 of the CEQA Guidelines – and – is available for public review at the following website link: https://www.ci.colton.ca.us/DocumentCenter/View/8186/DAP-001-643_Iron- Horse-Hills_DraftAddendum_Oct-2022

1.1.e
Packet Pg. 44
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills

Staff Memorandum – Iron Horse Hills Amendment to TTM and Amended and Restated Development Agreement February 13, 2024

Page 3 of 3 ends

STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve resolutions titled:

RESOLUTION NO. R-38-23. A RESOLUTION OF THE OF THE CITY OF COLTON PLANNING COMMISSION APPROVING AMENDMENT TO TENTATIVE TRACT MAP NO. 16798 (CASE INDEX NO. DAP-001-343) WHICH INCLUDES THE DEVELOPMENT OF 184 SINGLE -FAMILY

DETACHED RESIDENTIAL UNITS, AS WELL AS THREE PARKS, OPEN SPA CE, DETENTION BASINS, AND OTHER RELATED INFRASTRUCTURE THROUGHOUT THE 119.6 -ACRE SITE AND MAKING FINDINGS PURSUANT TO PUBLIC RESOURCES CODE SECTION 21166 TO

ADOPT THE ADDENDUM TO THE IRON HORSE HILLS RESIDENTIAL PROJECT EIR (STATE CLEARINGHOUSE NO. 2005041028). (FILE INDEX NO. DAP-001-643)

RESOLUTION NO. R-35-23. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY

OF COLTON RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A SECOND

AMENDED AND RESTATED DEVELOPMENT AGREEMENT WITH IRON HORSE HILLS LLC FOR THE IRON HORSE HILLS DEVELOPMENT PROJECT (TENTATIVE TRACT MAP NO. 16798), LOCATED AT 1300 EAST BARTON ROAD IN THE CITY OF COLTON (DAP-001-770)

Attachments

1. Final November 28, 2023, Planning Commission Meeting Minutes

2. Public Works Draft January 25, 2024, Reche Canyon Traffic Ad-Hoc Committee Meeting Minutes

3. Transportation Excerpt from EIR Addendum

4. November 28, 2023, Staff Report cover with no attachments

5. Addendum to 2006 EIR link: https://www.ci.colton.ca.us/DocumentCenter/View/8186/DAP-001- 643_Iron-Horse-Hills_Draft-Addendum_Oct-2022

6. Updated Draft PC Resolution No. R-38-23 (dates updated)

7. Updated Draft PC Resolution No. R-35-23 (dates updated – recommendation to the City Council)

8. Amended and Restated Development Agreement

9. Revised Tentative Tract Map 16798 and Accompanying Plans

1.1.e
Packet Pg. 45
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills

ATTACHMENT 1

Final November 28, 2023, Planning Commission Meeting Minutes

1.1.e
Packet Pg. 46
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills

1.1.e
Packet Pg. 47
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills

1.1.e
Packet Pg. 48
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills

1.1.e
Packet Pg. 49
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills

1.1.e
Packet Pg. 50
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills

1.1.e
Packet Pg. 51
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills

1.1.e
Packet Pg. 52
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills

1.1.e
Packet Pg. 53
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills

ATTACHMENT 2

Public Works Draft January 25, 2024, Reche Canyon Traffic Ad-Hoc Committee Meeting Minutes

1.1.e
Packet Pg. 54
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills

City of Colton
Reche Canyon Traffic AD-HOC
Committee
January 25, 2024
5:00 PM
City Hall Council Chambers-650 N. La Cadena

1 Meeting Minutes

A. CALL TO ORDER
The meeting was called to order at 5:02 p.m.

Members Attending: Mayor Frank Navarro (Chair), Council Member John Echevarria, Dr. Eric Peters, Jacqueline Maypray-Fitch, and Richard Banasiak. Dr. Manzoor Massey (Vice Chair) and Planning Commissioner Richard Prieto were absent.

B. APPROVAL OF MINUTES
Minutes from February 11, 2021 meeting were approved unanimously; motioned by Richard Banasiak and 2nd by Jacqueline Maypray-Fitch.

C. PUBLIC COMMENT
None

D. BUSINESS ITEMS / ACTION ITEMS
Introduction of newly appointed members to the Ad-Hoc Committee a. Jacqueline Maypray-Fitch (Sworn by Deputy City Clerk, Stephanie M. Vargas, prior to the meeting)
b. Dr. Eric Peters
c. Planning Commissioner Richard Prieto

STAFF PRESENT:

Brian Dickerson, Director of Public Works and Utility Services Victor Ortiz, Assistant Public Works Director/City Engineer Moises Peralta, Associate Engineer
Mario Suarez, AICP, Interim Director/Planning Manager

E. OLD BUSINESS
None

F. COMMITTEE DISCUSSION

1. Tentative Tract map No. 16798 – Iron Horse Hills Subdivision – 184 Single family detached residential units with parks and open space on 119.6 acre lot.

Main entrance of the tract is located along Barton Road. • Victor introduced the item approved in 2006.
• Mario presented the item.
• Alejandro Tapia with Michael Baker International (MBI) discussed the Traffic Impact Analysis
• Alicia Gonzalez with MBI discussed the California Environmental Quality Act (CEQA) on the project.
• Richard asked why removal of the Water Tank and traded for the water well.

1.1.e
Packet Pg. 55
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills

City of Colton
Reche Canyon Traffic AD-HOC
Committee
January 25, 2024
5:00 PM
City Hall Council Chambers-650 N. La Cadena

2 • Brandon Barnett with MBI responded to Richard’s question and Brian further clarified the City is 100% groundwater reliant.
• Richard requested clarification and clarification was provided that Barton Road at “Street A” is the project’s primary access and “Street A” at Westwood St. is strictly a Secondary Emergency Vehicle Access (EVA) point. • Dr. Peters asked if “Street A” is a planned arterial as determined by the City not developers, Victor clarified the connection of “Street A” at Reche Canyon Rd. is within the County of San Bernardino jurisdiction. • Dr. Peters asked if the Traffic Study dated 2005 is out of date. MBI indicated that based on project’s traffic trip generation, 15% of project traffic would be added from the development onto the Reche Canyon Road, on which Dr.

Peters indicated 15% is a lot.
• Alejandro indicated the original study assumed 30 vehicles would be traveling north and south on Reche Canyon Rd.
• Mayor Navarro expressed his disagreement with the Traffic Study since it is 19 years old.
• Mario requested MBI to explain technically why it is a challenge to update the existing Traffic Study of which Alicia confirmed the Traffic Study would not be significant.
• Dr. Peters asked if no analysis was done on the connection at “Street A.” • Dr. Peters asked if the Traffic Signal upgrade at Reche Canyon Rd and Washington St. as well as the signing and striping requirements indicated in the Traffic Study are still needed.
• Victor clarified the Traffic Signal at Center Dr./Washington St. does not exist. • Dr. Peters asked if the Traffic Signal at Reche Canyon Rd./Washington St. is a level of service classified as A, B, C, D, E, or F to which Victor responded that it was probable D or worse.
• Richard suggested to relocate the existing Bus Stop at Reche Canyon Rd. & Washington St. easterly to use the “Bus lane” as a drivable lane. • Victor indicated the problem is within the County of San Bernardino right-of- way forcing two lanes to be pinched into one lane in each direction causing a bottleneck.
• Richard reiterated the problem is at the County side. • Dr. Peters discovered the problem is the “bottleneck” at the County side. • Victor indicated Staff can reach out to the County and that Hunts Lane to Cooley Drive traffic signal are synchronized or communicating with each other.
• Mario reiterated Staff would write down and list the concerns from the Traffic Committee to the Planning Commission.
• Council Member (CM) Echevarria questioned the permanent blockage at Street A and Westwood St.
• Mario responded it would have to be a gate with a Knox box for the Fire Department to access.

1.1.e
Packet Pg. 56
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills

City of Colton
Reche Canyon Traffic AD-HOC
Committee
January 25, 2024
5:00 PM
City Hall Council Chambers-650 N. La Cadena

3 • Alejandro indicated the Traffic Signal Plans have not been designed; however, will work with the City on coordination and potential synchronization. • Jacqueline indicated 2006 study is so outdated.
• Alejandro indicated because of CEQA, the City is not required to do an updated addendum.
• Mayor Navarro asked about internal streets
• Brandon confirmed two lanes in each direction per the Reche Canyon Specific Plan.
• Manuel Mancha spoke in favor of the project.
• Mario summarized the Ad-Hoc Committee’s concerns as the following:
▪ Concern about the 2006 EIR data being too old and the recent Addendum did not take into account recent traffic counts. ▪ Look at timing of signals with the County of San Bernardino along Reche Canyon Drive.
▪ Review possible addition right turn lane at the intersection of Reche Canyon Drive and East Washington traveling east.
▪ Bottleneck at the County portion of Reche Canyon Dr.

2. Reche Canyon Plaza – Commercial development with gasoline station, car wash, convenience store, and retail spaces. Access entrances are along Reche Canyon Rd. and Old Reche Canyon Rd.
• Mario provided a brief background on project, clarified County vs. City sides of the public right-of-way. (Presentation)
• LSA Traffic Engineer – Study analyzed project frontage, explained left turn at Shadid Dr., Traffic Findings in Level of Service (LOS) and Vehicle Miles Traveled (VMT)
• Richard – Traffic is already a problem, how is Old Reche Canyon Rd. Traffic Signal to connect or conflict with Shane Dr. or any other signals or intersection?
• Richard – has three (4) key points/questions as follows:
▪ Synchronization
▪ Signalization
▪ Line-of-sight
▪ Retention Basin and drainage in Old Reche Canyon Drive • Mario provided an explanation
• Richard asked when would the Traffic Signal at Crystal Ridge Ln. be completed, to which Mario indicated it is a requirement at project opening. • David Mlynarski (Transtech) – provide brief background on the project and how it would aid the neighboring community, especially at the north end termination of Old Reche Canyon Rd. where vehicles would no longer be able to cut across onto Reche Canyn Rd.
• Mayor Navarro – suggested a weaving lane similar to those existing along Reche Canyon Rd. north of Westwood St.

1.1.e
Packet Pg. 57
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills

City of Colton
Reche Canyon Traffic AD-HOC
Committee
January 25, 2024
5:00 PM
City Hall Council Chambers-650 N. La Cadena

4 • Mario confirmed Planning Staff has not made a recommendation on the project. Planning is listening to the public and to the applicant. • Dr. Peters expressed his concerns for people not following the rules of the road and safety.
• Richard stated he is not against the project, but the project seemed so out of place and drastic.
• David indicated the project is within the height of standard and less than residential home standard height of 35 feet.
• CM Echevarria stated the small business interest in the development. • Mario – brought up pedestrian traffic perspective.
• Richard – brought up equestrian traffic.
• Dr. Peters – referenced the Reche Canyon Specific Plan, equestrian path, asked where’s the equestrian path.

G. NEXT MEETING DATE
The next meeting of the Reche Canyon Traffic Ad-Hoc Committee is not set.

H. ADJOURNMENT - Meeting was adjourned at 7:10 p.m.

1.1.e
Packet Pg. 58
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills

ATTACHMENT 3

Transportation Excerpt from EIR Addendum

1.1.e
Packet Pg. 59
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills

IRON HORSE HILLS PROJECT
Final Addendum

October 2022 3-55 Environmental Analysis

3.17 TRANSPORTATION

This section corresponds with 2006 EIR Effects Found Not To Be Significant (Transportation/Traffic) section and 2005 Initial Study Appendix XV, Transportation/Traffic. In addition, the Iron Horse Hills Residential Development Trip Generation Assessment (Trip Generation Assessment ) was prepared by Michael Baker International ( dated February 16, 2022); refer to Appendix B, Trip Generation Assessment.

Would the project:

a) Conflict with a program, plan , ordinance or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities?
Approved Project: The Colton Land Investment, LLC Project Traffic Impact Analysis (Urban Crossroads 2005), documented in the EIR, analyzed estimated project trips for the construction of 200 single family homes. Table 3 -4 shows the trip generation rates for single family detached residential, and Table 3 -5 provides the previously documented trip generation calculations in the Traffic Impact Analysis (TIA).

Table 3-4: Project Trip Generation Rates

TRIP GENERATION RATES (VEHICLES)

LAND USE ITE
CODE

DAILY TRIPS
RATE

AM PEAK HOUR PM PEAK HOUR
Rate In / Out Rate In / Out
Single-Family Detached 210 9.57 / DU 0.75 25% / 75% 1.01 63% / 37% Source: Institute of Transportation Engineer’s (ITE) Trip Generation Manual, 7th Edition.

Table 3-5: Traffic Impact Analysis Project Trip Generation

TRIP GENERATION RATES (VEHICLES)

DAILY LAND USE QUANTITY UNITS AM PEAK HOUR PM PEAK HOUR

IN OUT TOTAL IN OUT TOTAL
Single-Family Detached 200 DU 38 112 150 128 74 202 1,914 Source: Colton Land Investment, LLC Project Traffic Impact Analysis (Urban Crossroads, 2005) Trip Rate Source: Institute of Transportation Engineer’s (ITE) Trip Generation Manual, 7 th Edition.

In September 2006, the 2006 EIR was approved and included the construction of 187 single family detached residential units, rather than the 200 units analyzed in the TIA. Table 3 -6 shows the estimated project trips of the approved 187 units using the same methodology documented in the TIA.

Table 3-6: Approved EIR Project Trip Generation

TRIP GENERATION (VEHICLES)

LAND USE ITE

CODE INTENSITY DAILY
TRIPS

AM PEAK HOUR PM PEAK HOUR

VOLUME IN OUT VOLUME IN OUT
Single-Family Detached 210 187 DU 1,790 140 35 105 189 119 70 Trip Rate Source: Institute of Transportation Engineer’s (ITE) Trip Generation Manual, 7 th Edition.

According to the 2006 EIR and based on the results of a project -specific Traffic Impact Analysis that was prepared for the approved project, the approved project would result in impacts to the circulation system in the project area.

Therefore, Mitigation Measures TR -1 and TR-2, which require the approved project to implement specific roadway improvements and to pay fair share development impact fees, respectively, were provided. The 2006 EIR determined that implementation of Mitigation Measures TR -1 and TR -2 would reduce potentially significant transportation impacts to a less than significant level.

1.1.e
Packet Pg. 60
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills

IRON HORSE HILLS PROJECT
Final Addendum

October 2022 3-56 Environmental Analysis
184 dwelling units. As shown, the project is now anticipated to generate 1,761 daily trips, 138 AM Peak Hour trips, and 186 PM Peak Hour trips during an average weekday. Table 3-8 compares the TIA and the 2006 EIR project site trips to the revised project site trips. As shown, the revised project site plan is expected to generate fewer trips compared to the TIA during all time periods (153 daily trips, 12 AM Peak Hour trips, and 16 PM Peak Hour trips).

Additionally, the revised project site plan is expected to generate fewer trips compared to the 2006 EIR during all time periods (29 daily trips, 2 AM Peak Hour trips, and 3 PM Peak Hour trips ). It is noted that the additional right-of-way proposed around “Street A” would ensure project consistency with Colton General Plan Mobility Element Figure M - 3 (Long-Term Roadway Improvements), which identifies this road as a “Planned Arterial” between Barton Road and Westwood Street. Ultimate buildout of Street A to its General Plan designation of Planned Arterial is not considered as part of this project and would be subject to separate CEQA review. Thus, impacts would not be greater than previously analyzed in the 2006 EIR.

Table 3-7: Revised Project Trip Generation

TRIP GENERATION (VEHICLES)

LAND USE ITE

CODE INTENSITY DAILY
TRIPS

AM PEAK HOUR PM PEAK HOUR

VOLUME IN OUT VOLUME IN OUT
Single-Family Detached 210 184 DU 1,761 138 35 103 186 117 69 Note: Values may vary slightly due to rounding
Trip Rate Source: Institute of Transportation Engineer’s (ITE) Trip Generation Manual, 7 th Edition.

Table 3-8: Project Trip Comparison

TRIP GENERATION (VEHICLES)

SCENARIO DWELLING
UNITS
DAILY
TRIPS

AM PEAK HOUR PM PEAK HOUR

IN OUT TOTAL IN OUT TOTAL
TIA

COMPARISON
TIA Site Plan 200 1,914 150 38 112 202 128 74
Revised Site Plan 184 1,761 138 35 103 186 117 69
Difference -16 -153 -12 -3 -9 -16 -11 -5

APPROVED
EIR

COMPARISON
Approved Site Plan 187 1,790 140 35 105 189 119 70
Revised Site Plan 184 1,761 138 35 103 186 117 69
Difference -3 -29 -2 0 -2 -3 -2 -1
Note: Values may vary slightly due to rounding
Trip Rate Source: Institute of Transportation Engineer’s (ITE) Trip Generation Manual, 7 th Edition.

Certified 2006 EIR Mitigation Measures: The 2006 EIR includes mitigation measures to reduce potential transportation impacts. The following measures from the 2006 EIR are applicable to the proposed project.

TR-1 The following roadway improvements shall be implemented with the project:
• Construct Barton Road from the northerly project boundary to the southerly project boundary at its ultimate half-width section as a major arterial; • Construct Westwood Street adjacent to the project boundary at its ultimate half- width section as a Collector (34-foot part width);
• Provide a traffic signal at the access of the project; • Provide adequate sight distance at the project driveways to meet the minimum City of Colton requirements; and
• Onsite traffic signing and striping shall be implemented in conjunction with detailed construction plans for the project site.

1.1.e
Packet Pg. 61
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills

IRON HORSE HILLS PROJECT
Final Addendum

October 2022 3-57 Environmental Analysis
TR-213 The project shall contribute its fair share toward offsite improvements consistent with the Table 5- 4 of the traffic study prepared by Urban Crossroads dated August 17, 2005 (UC 2005), or a more recent study of this issue, as follows:
• Center Drive (NS)/Washington Street (EW): Construct a traffic signal, a left -right lane, and a left lane; and
• Reche Canyon Road (NS)/Washington Street (EW): Construct a traffic signal.

Mitigation Measures: No additional mitigation measures are required.

Level of Significance: Less Than Significant Impact With 2006 EIR Mitigation.

b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? 14 Approved Project: This threshold was not evaluated in the 2006 EIR. However, as discussed in Impact 3.17(a), above, the 2006 EIR determined that a less than significant transportation impact would occur with implementation o f Mitigation Measures TR-1 and TR-2.

Revised Project: The City of Colton’s Vehicle Miles Traveled (VMT) Guidelines describe screening thresholds to determine the level of transportation impact that would result from a project15. These are based on guidance from the San Bernadino County Transportation Authority (SBCTA) and the California Office of Planning and Research (OPR) technical advisory. The City’s guidelines state that “a project can be assumed to generate a less than significant impact if it is found to attract less than or equal to 110 project trips per day.” As shown in Impact 3.17(a), the revised project would generate 1,761 trips per day and thus would not screen out of the City’s VMT threshold. However, the revised project is expected to result in reduced VMT impacts compared to the approved project since it would generate fewer trips than those shown in the 2006 EIR. As discussed in the Trip Generation Memorandum, the revised project site plan is expected to generate fewer trips compared to the TIA during all time periods. Additionally, the revised project site plan is expected to generate fewer trips compared to the 2006 EIR during all time periods. Thus, impacts would not be greater than previously analyzed in the 2006 EIR.

Certified 2006 EIR Mitigation Measures: Refer to Mitigation Measures TR-1 and TR-2.

Mitigation Measures: No additional mitigation measures are required.

Level of Significance: Less Than Significant Impact With 2006 EIR Mitigation.

c) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Approved Project: The 2006 EIR determined that all proposed roadways associated with the approved project would be constructed in accordance with existing standards; thus, approved project implementation would not result in significant impacts related to geometric design features or incompatible uses.

13 The improvements recommended in Mitigation Measure TR-2 have already been constructed and therefore the measure is not applicable to the revised project.
14 The 2006 EIR was circulated for public review prior to adoption of vehicle miles travelled (VMT) as the primary metric for analyzing transportation impacts. In accordance with CEQA Guidelines § 15007(c), “If a document meets the content requirements in effect when the document is sent out for public review, the document shall not need to be revised to conform to any new content requirements in Guideline amendments taking effect before the document is finally approved.” Since circulatio n of an Addendum is not required i n accordance with CEQA Guidelines Section 15164, and LOS was the primary method for analyzing transportation impacts when the previously certified EIR was circulated for public review, an analysis of VMT is no t required under CEQA.
15 City of Colton. 2020. City of Colton VMT Guidelines Full Technical Report. https://www.ci.colton.ca.us/AgendaCenter/ViewFile/Item/2599?fileID=3138. Accessed August 26, 2022.

1.1.e
Packet Pg. 62
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills

IRON HORSE HILLS PROJECT
Final Addendum

October 2022 3-58 Environmental Analysis
Revised Project: The 2006 EIR includes the approved project site plan which includes unrestricted vehicular access at a site driveway along Barton Road and emergency gate access onto Westwood Street and N. Laurelwood Avenue.

A comparison of the site plans shows the revised project site plan (Exhibit 3) does not propose any new vehicular site access points. In both site plans, the primary development access point is Street “A” which connects to Barton Road near Hilltop Drive. The modified site plan includes an emergency access gate that connects to Westwood Street. Given there are no changes in public access to the development, the revised site plan is not expected to further impact local roadway networks than previously described in the 2006 EIR. As a result, impacts would be less than significant.

Certified 2006 EIR Mitigation Measures: No mitigation measures were required in the 2006 EIR.

Mitigation Measures: No additional mitigation measures are required.

Level of Significance: Less Than Significant Impact.

d) Result in inadequate emergency access?
Approved Project : The 2006 EIR determined that the approved project would not result in inadequate emergency access. Limited construction is proposed for either Barton Road or Reche Canyon Road. The City requires a traffic management plan to be submitted in order to address any encroachment on collector roads like Barton Road or Reche Canyon. In addition, the approved project is required to conduct traffic management control dur ing any road construction activities. Therefore, the 2006 EIR determined that impacts would be less than significant.

Revised Project: As with the approved project, implementation of a traffic management plan during construction of the revised project would minimize congestion an d ensure safe travel, including emergency access in the revised project vicinity. Similar to the approved project, the revised project would have a less than significant impact in this regard.

Certified 2006 EIR Mitigation Measures: No mitigation measures were required in the 2006 EIR.

Mitigation Measures: No additional mitigation measures are required.

Level of Significance: Less Than Significant Impact.

1.1.e
Packet Pg. 63
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills

ATTACHMENT 4

November 28, 2023, Staff Report

1.1.e
Packet Pg. 64
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills Planning Commission Staff Report

CITY OF COLTON
Development Services Department
Planning Division

MEETING DATE: November 28, 2023

FILE INDEX NUMBER: DAP-001-643

APPLICANT: Brandon Barnett, KWC Engineers

PROPERTY OWNER: Iron Horse Hills, LLC

REQUEST: The applicant is requesting Amendment to Tentative Tract Map No. 16798 (Case Index No.

DAP-001-343) which includes the development of 184 single -family detached residential units, as well as three parks, open space, detention basins, and other related infrastructure throughout the 119.6-acre site. Although not proposed as part of this project, the additional right-of-way would ensure project consistency with Colton General Plan Mobility Element Figure M-3 (Long-Term Roadway Improvements), which identifies this road as a “Planned Arterial” between Barton Road and Westwood Street. These improvements resulted in the loss of three single family detached residential units. The second request is for a Second Amended and Restated Development Agreement (Case Index No. DAP -001-770) for the Tentative Tract Map No. 16798 revisions to internal circulation, including point of emergency access, clarification of terms, and removing terms that are no longer applicable.

ACTIONS:

APPLICATION FILED: 8/10/2020; incomplete 6/30/2020; 4/22/2022 CEQA Addendum Prepared APPLICATION REVIEW COMMITTEE (staff review): 4/6/2020; 3/07/2022; City notified that Development Agreement Amendment No. 2 was going to be prepared.

PLANNING COMMISSION STUDY SESSION/COMMUNITY MTG: 4/25/23; 11/28/23 ENVIRONMENTAL DETERMINATION: An Addendum was prepared in accordance with Section 21166 of CEQA and Sections 15162 and 15164 of the CEQA Guidelines.

PROPERTY INFORMATION:

Location: East of Barton Road and South of Hilltop Drive within the Reche Canyon Specific Plan area (APNs: 0164-471-01, 0164-231-36, 0276-372-03-04-09 and 0282-192-09, 15, 23, 24, 45 and 46)

1. Lot Size: 120-acres

2. Existing/Previous Land Use: Vacant/undeveloped hillside area

3. General Plan Land Use: Reche Canyon Specific Plan

4. Zoning: RCSP/ Residential Estate

5. Surrounding Properties:

Existing Land Use Zoning General Plan Land Use
North Residential RCSP-R-E and R-1 Reche Canyon Specific Plan South Residential, City of Grand Terrace R-1-20 V. Low Density Single Family
Low Density Residential

1.1.e
Packet Pg. 65
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills Planning Commission Staff Report: DAP-001-643 & DAP-001-770 Iron Horse Hills Subdivision November 28, 2023 Page 2 of 10

East Residential County of San
Bernardino
Residential Residential
West Barton Road, City of Grand
Terrace
R-1-20 V. Low Density Single
Family
Low Density Residential

Past BOP, Business License and Building Permit Actions
None

Past Entitlement Actions
12-03-2013 Ordinance No. O -07-13 second reading was adoptedby the City Council , approving the Iron Horse Hills Development Agreement Amendment No. 1 (DAP-001-112) 10-08-2013 Resolution No. R-18-13 was approved by the Planning Commission recommending City Council approval of the Iron Horse Hills Development Agreement No.1. (Case File Index No. DAP-001-112)
04/25/2012 Development Services Department administratively approved a Minor Modification (Findings of Substantial Conformance) of approved Tentative Tract Map No. 16798 for a 201-lot subdivision (186 lots, 12 open space lots, and 3 public facility lots). 01/15/2008 Ordinance No. 0-22-07 was approved by the City Council approving the Iron Horse Hills Development Agreement (File Index No. DA-07-01).
11/27/2007 Resolution No. R-06-07 was approved by the Planning Commission recommending to the City Council approval of the Iron Horse Hills Development Agreement (DAP-000-343). 09/05/2006 Ordinance No. 0-15-06 was approved by the City Council, for specific plan amendments (SPA) to Reche Canyon Specific Plan and simultaneously affirming Planning Commission Resolutions No. R -06-06 and R -08-06 certifying the EIR and Tentative Tract Map No. 16798.
08/08/2006 Resolution No. R-08-06 was approved by the Planning Commission for a Tentative Tract Map No. 16798 consisting of 201-lot subdivision (186 residential lots, 12 open space lots, 3 public facility lots) (DAP-001-343).
08/08/2006 Resolution No. R-07-06 was approved by the Planning Commission recommending City Council approval an amendment to the Reche Canyon Specific Plan. 08/08/2006 Resolution No. R -06-06 was approved by the Planning Commission certifying the Environmental Impact Report (EIR) and accompanied documents prepared for Iron Horse Hills Residential Project.

BACKGROUND:

On August 8, 2006, the Planning Commission approved Tentative Tract Map No. 16798 for 186 lot subdivision on approximately 120 acres including 11 open space lots, and 3 public facility lots . This included review and recommendation of approval to the City Council Environmental Impact Report (EIR) for the Iron Horse Hills Residential project.

On September 9, 2006, the City Council approved Ordinance No. O-15-06 approving Specific Plan Amendments to Reche Canyon Specific Plan for Iron Horse Hills Residential project and affirming Planning Commission approval certifying the EIR with Tentative Tract Map No. 16798.

1.1.e
Packet Pg. 66
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills Planning Commission Staff Report: DAP-001-643 & DAP-001-770 Iron Horse Hills Subdivision November 28, 2023 Page 3 of 10

On November 27, 2007, following the settlement of legal challenges to the EIR, the Planning Commission recommended approval of Iron Horse Hills Residential Project Development Agreement. On January 15, 2008, the City Council approved the Iron Horse Hills Residential Project Development Agreement.

On April 5, 2012, Development Services Department administratively approved a Minor Modification (Findings of Substantial Conformance) of approved Tentative Tract Map No. 16798 for a 201 -lot subdivision (consisting of 186 residential lots, 12 open space lots, and 3 public facility lots).

In 2013, the City Public Works Department (Engineering and Water Divisions) determined there was a need to construct a reservoir and booster station prior to the development of the Iron Horse Hills residential development project. In order to accomplish this task , an amendment to the existing Development Agreement (DA) was processed to require the applicant to dedicate land and provide easements to allow the City to construct the reservoir, subject to partial reimbursement by the applicant. Under the original DA, construction of the reservoir and booster station were the applicant/developer’s responsibility. On October 8, 2013, the Planning Commission recommended to the City Council approval of Iron Horse Hills Development Agreement Amendment No.1. (Case File Index No. DAP -001-112). The City Council approved the second reading of Ordinance No. O -07-13 on December 3, 2013 approving Amendment No. 1 of Iron Horse Hills Development Agreement.

In addition to language regarding the reservoir, Development Agreement Amendment No. 1 included the following additional terms:
➢ The initial 10-year term was extended for an additional 10-years (to December 2023)

➢ Clarified that the development impact fees are frozen at the rates when the DA was originally approved, which was 1/15/08, not 12/18/07. In addition, language was added to clarify that the SANBAG (now “SBCTA” ) Infrastructure fees are payable at the current rate and are not subject to the 5 -year freeze.

Since the City has no control over freezing these fees, the developer will have to pay the current rate SANBAG/SBCTA requires.

On April 25, 2023, the Planning Commission held a Community Meeting/Study Session on the proposed subdivision map amendments (See Staff Report Cover without Attachments in Attachment 1 ). The Development Agreement was not ready at the time but was being negotiated with the City Attorney and Development Services Director. There were almost 12 members of the public who spoke at the meeting, plus the applicants (See PC Minutes in Attachment 2). The major concerns or comments included the following:

• Was a cumulative trip analysis completed?
Answer: Cumulative analysis for future year growth (Colton, Riverside, Grand Terrace and County of Riverside) of the project was reviewed and updated with an annual growth rate of 2% was applied. Other development proposals were included in the analysis and mitigation measures were looked at to reduce the project impacts and contributions as well.

• Did the cumulative impacts from Moreno Valley Considered? Answere: No, the Environmental Consultant for the City indicated that they were not sure if Moreno Valley was included in the cumulative impact and could look at this and report back at next meeting on the project. Staff has confirmed that according to the City’s Environmental Consu ltant, “Based on the updated trip generation prepared for the revised project, the project is now anticipated to generate 1,761 daily trips, resulting in approximately 264 daily trips affecting Reche Canyon Road, and 176 trips along Barton Road. Thus, revised trip distribution patterns with the potential to impact Moreno Valley would not be greater than previously analyzed in the 2006 EIR.”

1.1.e
Packet Pg. 67
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills Planning Commission Staff Report: DAP-001-643 & DAP-001-770 Iron Horse Hills Subdivision November 28, 2023 Page 4 of 10

• Comment received in the positive for widening of Barton Road and construction of traffic signals in the area.

• Concerns about traffic increasing substantially since 2006 or 2013 approvals.

• Concerns about weight of trucks and road width if the future road towards Reche Canyon Road is opened.

• Residents living on Westwood Street are concerned about construction noise, construction traffic and future residential subdivision planning in the area. Concerned about the future use of Westwood if planned to be used in the future to Reche Canyon Road.

• Adjacent neighbors asked about whether the project site would be surveyed. How is the grading going to be handled with adjacent existing residential lots? Are the roads approved by the Fire Department? Is the project going to be gated? Is the project going to be developed in phases? There are coyote dens in the area and was it considered as part of the EIR?

• Answers: The applicant noted that the project site has been surveyed. Barton Road and new traffic signals would be installed. The project would be gated and provided with fire access if needed to Reche Canyon area.

• The applicant’s representative wasn’t sure when the project would be started but would be starting as soon as the economy turns around. Project design is an improvement to the project with no houses backing up on the main street going through the development.

• The Commission clarified the location of Street A and construction of the traffic signal location.

PROJECT DESCRIPTION FOR AMENDMENT TO TENTATIVE TRACT MAP NO. 16798 The main component of the approved project that comprises a change in the project description as part of the revised project is the residential unit count. The analysis contained in the 2006 EIR was for a residential development including 187 units, whereas the revised project has removed three of the proposed units in order to accommodate the additional right -of-way surrounding “Street A” between Barton Road (the western project boundary) and its terminus at Westwood Street (the eastern project boundary). The terminus at Westwood Street will be gated and designated for emergency access only. The existing tentative map designates emergency access at Laurelwood Avenue. Although not proposed as part of this project, the additional right -of-way would ensure project consiste ncy with Colton General Plan Mobility Element Figure M -3 (Long -Term Roadway Improvements), which identifies this road as a “Planned Arterial” between Barton Road and Westwood Street.

As such, the revised project reduces the residential unit count from 187 to 184 residential units/lots, as described previously (Project Addendum – Page 1-13).

The project site is traversed by trails and dirt roads that provide access to the transmission lines that cross the project site. The primary dirt road also connects Barton Road to Reche Canyon Road via Westwood Street. The dirt roads and trails are curren tly used for utilities for maintenance of onsite facilities dirt bikes and mountain bikes, and local pass-through traffic between Reche Canyon Road and Barton Road as well as dumping and loitering (Project Addendum Page 1-3).

1.1.e
Packet Pg. 68
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills Planning Commission Staff Report: DAP-001-643 & DAP-001-770 Iron Horse Hills Subdivision November 28, 2023 Page 5 of 10

The aerial map on the next page provides specific location and proposed subdivision design:

General Location of Subject Site North Not to Scale

The 2013 approved project proposed development of a reservoir and booster station with water services provided via the City of Colton Water Department. These features are no longer proposed under the revised project (Project Addendum – Page 1-13).

The revised project would construct a groundwater well located on approximately 0.5 acres of Lot B or Lot F. A pressure reducing station would also be constructed on an approximately 0.25-acre portion of Lot H. Both features would be dedicated to the City and operated by the City’s Water Department (Project Addendum – Page 1-13).

With the subdivision changes , the Parks / Open Space areas will be increased from allocating 4.3 acres to 7.09 acres. The increase includes adding three areas with open space and passive/active park space within the amended Tentative Tract Map. (See Plans Attachment – 8 for Park Comparison Exhibit) The applicant has provided a Project Description that identifies changes in more detail in Attachment 3 of this Staff Report.

ANALYSIS FOR AMENDMENT TO TENTATIVE TRACT MAP 16798:

1.1.e
Packet Pg. 69
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills Planning Commission Staff Report: DAP-001-643 & DAP-001-770 Iron Horse Hills Subdivision November 28, 2023 Page 6 of 10

The original proposed secondary access through Laurelwood Avenue provided emergency access via a closed gateway system. The closed gateway system included a Knox box which provided emergency services access to Laurelwood Avenue, if needed. The Laurelwood access traveled through a residential street system to Mohave Street and then to East Washington Street. The proposed amendment replaces the secondary access with the same gate system available to emergency vehicles but via Westwood Street then out to Reche Canyon Road and then to East Washington Boulevard. (See Attachment 4 – Comparison Maps)

The proposed lot sizes are generally consistent with the originally approved subdivision map with lots that are:
➢ Minimum Lot Area – 5,288 square feet (only one lot – Lot #102) ➢ Maximum Lot Area – 71,995 square feet
➢ Average Lot Area – 16,580 square feet

Addendum Prepared to the Certified EIR. CEQA (California Environmental Quality Act) Guidelines allow for updating and using a previously certified EIR for projects that have changed or are different from the previous project or conditions analyzed in the certified EIR. In cases where changes or additions occur with no new significant environmental impacts, an addendum to a previously certified EIR may be prepared, consistent with CEQA Guidelines Section 15164. (See Attachment 5)

Project Trip Generation. According to the 2006 EIR (Environmental Impact Report) and based on the results of a project -specific Traffic Impact Analysis that was prepared for the approved project, the approved project would result in impacts to the circulation system in the project area. Therefore, Mitigation Measures TR -1 and TR-2, which require the approved project to implement specific roadway improvements and to pay fair share development impact fees, respectively, were provided. The 2006 EIR determined that implementation of Mitigation Measures TR -1 and TR -2 would reduce potentially significant transportation impacts to a less than significant level.

Revised Project: Project site trips were estimated using the ITE Trip Generation Manual (7th Edition). Table 3- 7 provides the trip generation rates and Table 3-8 shows the trip generation calculations for the proposed project with 184 dwelling units. As shown, the project is now anticipated to generate 1,761 daily trips, 138 AM Peak Hour trips, and 186 PM Peak Hour trips during an average weekday. Table 3-8 compares the current TIA (Traffic Impact Analysis) and the 2006 EIR project site trips to the revised project site trips. As shown, the revised project site plan is expected to generate fewer trips compared to the current TIA during all time periods (153 fewer daily trips, 12 fewer AM peak hour trips, and 16 fewer PM peak hour trips). Additionally, the revised project site plan is expected to generate fewer trips compared to the 2006 EIR during all time periods (29 fewer daily trips, 2 fewer AM peak hour trips, and 3 fewer PM peak hour trips). It is noted that the additional right-of-way proposed around “Street A” would ensure project consistency with Colton General Plan Mobility Element Figure M3 (Long-Term Roadway Improvements), which identifies this road as a “Planned Arterial” between Barton Road and Westwood Street. Ultimate buildout of Street A to its General Plan designation of Planned Arterial is not considered as part of this project and, if the City decides to pursue a connection at a future date, this extension would be subject to separate CEQA review. Thus, impacts would not be greater than previously analyzed in the 2006 EIR. (Project Addendum – Pages 3-55 and 56)

1.1.e
Packet Pg. 70
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills Planning Commission Staff Report: DAP-001-643 & DAP-001-770 Iron Horse Hills Subdivision November 28, 2023 Page 7 of 10

TR-1 The following roadway improvements shall be implemented with the project:
• Construct Barton Road from the northerly project boundary to the southerly project boundary at its ultimate half-width section as a major arterial;
• Construct Westwood Street adjacent to the project boundary at its ultimate half- width section as a Collector (34-foot part width);
• Provide a traffic signal at the access of the project; • Provide adequate sight distance at the project driveways to meet the minimum City of Colton requirements; and
• Onsite traffic signing and striping shall be implemented in conjunction with detailed construction plans for the project site.

FINDINGS FOR AMENDED TENTATIVE TRACT MAP NO. 16798
The Planning Commission has the authority to conduct public hearing to consider the Amendment of Tentative Tract Map No. 16798. Prior to approving the Tentative Tract Map, the Commission must make certain findings that the circumstances prescribed below do apply:

a. The proposed subdivision is designed, to the extent feasible, to provide for passive or natural heating or cooling opportunities because the subdivision layout provides an east to west orientation and adequate location of window placement to provide passive and natural heating and cooling opportunities. The project materials and construction will be required to comply with all current California Codes including energy efficient standards and green code requirements. b. The proposed subdivision and the pr ovisions for its design and impr ovement are consistent with the General P lan for the City of Colton ("General Plan"), because the proposed subdivision provides amenities and architectural enhancements consistent with the Reche Canyon Residential Estate Zoning on 119.6 acres project site.

1.1.e
Packet Pg. 71
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills Planning Commission Staff Report: DAP-001-643 & DAP-001-770 Iron Horse Hills Subdivision November 28, 2023 Page 8 of 10

c. The Tentative Tract Map No. 16798 residential subdivision , in cluding amendment thereto, provides for land uses compatible with the Reche Canyon Residential Estate land use designation for the Subject Site in the General Plan, and the provisions for design and improvements promote the goals and objectives of the General Plan in providing single family home lots , adequate common/private open space, and in compliance with the Density requirements of the Specific Plan.

d. The Subject Site is physically suitable for the type and density of development proposed in the Tentative Tract Map No. 16798 because the site is located where existing utilities/sewer lines, and road improvements are available to address ingress and egress requirements for vehicles, pedestrians and bicycles. The proposed development will provide all the necessary on-site and off- site improvements that meet or exceed the development standards for the Residential Estate Land Use designation of the Reche Canyon Specific Plan.

e. The subdivision design and type of improvements proposed in the Tentative Tract Map No. 16798, including amendment thereto, are not likely to cause serious public health problems because all development and public improvements will be performed per the requirements of all applicable standards and codes, including the zoning, building codes and in compliance with the General Plan Mobility Element Goal M-3: “Develop a safe, efficient, and attractive street system that provides capacity to meet existing and fu ture demand,” in that the project will be completing a number of traffic and transportation mitigation measures including but not limited to widening Barton Road and installing traffic signal at the access to project and widening Bart Road from the northerly project boundary to the southerly project boundary at its ultimate half -width section as a major arterial. The project will also be contributing its fair share toward off-site improvements consistent with intersections at Center Dr. and Washington and Reche Canyon Road and Washington.

f. The subdivision design and type of improvements proposed in the Tentative Tract Map No. 16798, including amendment thereto, will not conflict with easements acquired by the public at large for access through or use of the Subject Site. The proposed subdivision map amendment and title report have been reviewed and there are no conflicts with easements or future dedications for developing the Subject Site.

g. The discharge of waste into an existing sewer system from development proposed in the Tentative Tract Map No. 16798 and proposed amendment will not cause a violation of existing requirements prescribed by the local water quality control board because the City's Engineering and Water Utilities Divisions of Public Works have reviewed and conditionally approved the proposal to address waste & w astewater requirements, drainage, grading, storm water, NPDS construction activity, Improvement Plans and Final Map submission requirements in making sure the discharge of waste is designed correctly so it does not impact existing water sources.

1.1.e
Packet Pg. 72
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills Planning Commission Staff Report: DAP-001-643 & DAP-001-770 Iron Horse Hills Subdivision November 28, 2023 Page 9 of 10

h. The subdivision design and improvements proposed in the Tentative Tract Map No. 16798 and proposed amendment are located is not located within a U.S. Fish and Wildlife Service (USFWS) designated critical habitat for the Coastal California Gnatcatcher (CAGN), a federally threatened species. For the protection of this and other species , mitigation measures are incorporated within the CEQA IS/MND and MMRP for this project.

SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT (DAP-001-770) Included with the proposed amendment to Tentative Tract Map No. 16798, Planning Commission consideration and recommendation to the City Council is requested of a Second Amendment to the Development Agreement between the City of Colton and Iron Horse Hills LLC. The applicant has requested a ten-year extension of time for the current Development Agreement, which expires on January 2, 2024. The applicant’s reasons for the amendment are identical to the reasons for the tentative tract map amendment, i.e., delays in the construction industry due to the Covid-19 pandemic; desire of the applicant to update internal roadways to be consistent with roadway designations in the Mobility Element of the General Plan (Street ‘A’), and replacement of a reservoir and booster station with a well site.

The proposed Amendment will:
(a) Extend the term of the Development Agreement for an additional ten years – to December 3, 2033, with the option to extend the term for five more years; and
(b) Vest the developer with rights to develop the property in accordance with approved entitlements, existing land use regulations, and existing impact fees (fixed for 5 years).

In exchange for the extension of time, the Amendment includes the following:
• More detailed commitments for improvements to three local parks, including updated land and improvement valuations;
• Clarifies developer responsibilities associated with the well site improvements; • Commits to annexing the project site into the City’s Maintenance and Public Safety Community Facilities Districts; and
• All other commitments are carried forward, including a “Development Agreement Fee”, which commits to paying the City $2,500 + 50% of net proceeds (in excess of $78,307 per dwelling unit) from CFD bonds issued for financing public facilities and improvements to serve the Project.

ENVIRONMENTAL DETERMINATION:

This Addendum has been prepared in accordance with Section 21166 of CEQA and Sections 15162 and 15164 of the CEQA Guidelines – and – is available for public review at the following website link:
https://www.ci.colton.ca.us/DocumentCenter/View/8186/DAP-001-643_Iron-Horse-Hills_Draft- Addendum_Oct-2022

The Addendum with all of the Appendixes has been available for public review for about three weeks prior to the proposed Study Session / Community Meeting.

1.1.e
Packet Pg. 73
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills Planning Commission Staff Report: DAP-001-643 & DAP-001-770 November 28, 2023 Page 1 O of 1 O
Iron Horse Hills Subdivision
RECOMMENDATION: Staff recommends that the Planning Commission approve resolutions titled:

RESOLUTION NO. R-38-23 A RESOLUTION OF THE OF THE CITY OF COLTON PLANNING COMMISSION APPROVING AMENDMENT TO TENTATIVE TRACT MAP NO. 16798 (CASE INDEX NO. DAP-001-343) WHICH INCLUDES THE DEVELOPMENT OF 184 SINGLE-FAMILY

DETACHED RESIDENTIAL UNITS, AS WELL AS THREE PARKS, OPEN SPACE, DETENTION BASINS, AND OTHER RELATED INFRASTRUCTURE THROUGHOUT THE 119.6-ACRE SITE AND MAKING FINDINGS PURSUANT TO PUBLIC RESOURCES CODE SECTION 21166 TO

ADOPT THE ADDENDUM TO THE IRON HORSE HILLS RESIDENTIAL PROJECT EIR (STATE CLEARINGHOUSE NO. 2005041028). (FILE INDEX NO. DAP-001-643) RESOLUTION NO. R-35-23 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY

OF COLTON RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A SECOND

Mario Suarez, AICP, Planning Manager
Director
ATTACHMENTS:

1. Planning Commission Minutes April 25, 2023.

2. Planning Commission Staff Report Cover Page only.

3. Applicant's Project Description

4. Tentative Tract Map Comparison Exhibit
Mark Tomich, AICP, Development Services

5. Hard Copy Provided and electronic copy also available of Addendum with Appendix B (Trip Generation Assessment) only. Appendix A-2006 Draft EIR is available online at:
https://www.ci.colton.ca.us/DocumentCenter/View/8186/DAP-OOl-643 Iron-Horse-Hills Draft Addendum Oct-2022

6. PC Resolution No. R-38-23

7. PC Resolution No. R-35-23 Recommendation to the City Council

8. Amended and Restated Development Agreement

9. Revised TTM 16798 and Accompanying Plans

1.1.e
Packet Pg. 74
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills

ATTACHMENT 5
Addendum to 2006 EIR link:
hƩps://www.ci.colton.ca.us/DocumentCenter/View/8186/DAP-001-643_Iron-Horse- Hills_DraŌ-Addendum_Oct-2022

1.1.e
Packet Pg. 75
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills

ATTACHMENT 6

Updated Draft PC Resolution No. R-38-23 (dates updated)

1.1.e
Packet Pg. 76
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills

1 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 RESOLUTION NO. R-38-23

A RESOLUTION OF THE OF THE CITY OF COLTON PLANNING

COMMISSION APPROVING AMENDMENT TO TENTATIVE TRACT
MAP NO. 16798 (CASE INDEX NO. DAP -001-343) WHICH INCLUDES THE DEVELOPMENT OF 184 SINGLE -FAMILY DETACHED

RESIDENTIAL UNITS, AS WELL AS THREE PARKS, OPEN SPACE,

DETENTION BASINS, AND OTHER RELATED INFRASTRUCTURE
THROUGHOUT THE 119.6 -ACRE SITE AND MAKING FINDINGS
PURSUANT TO PUBLIC RESOURCES CODE SECTION 21166 TO

ADOPT THE ADDENDUM TO THE IRON HORSE HILLS
RESIDENTIAL PROJECT EIR (STATE CLEARINGHOUSE NO.
2005041028). (FILE INDEX NO. DAP-001-643)

WHEREAS, an application has been submitted for an Amendment to Tentative Tract Map No. 16798 (Case Index No. DAP -001-343 “Project”) which includes the development of 184 single -family detached residential units, as well as three parks, open space, detention basins, and other related infrastructure throughout the 119.6 -acre site.

Although not proposed as part of this project, the additional right -of-way would ensure project consistency with Colton General Plan Mobility Elemen t Figure M -3 (Long -Term Roadway Improvements), which identifies this road as a “Planned Arterial” between Barton Road and Westwood Street. These improvements resul ted in the loss of three single family detached residential units. (APN: APNs: 0164-471-01, 0164-231-36, 0276-372-03-04-09 and 0282-192-09, 15, 23, 24, 45 and 46); and

WHEREAS, on April 25 , 20 23, the Planning Commission held a Community Meeting and Study Session and all persons wishing to provide comments regarding the proposed Project were heard; and

WHEREAS, on September 5, 2006 , the City Council, as the lead agency under the California Environmental Quality Act (“CEQA”) affirmed Planning Commission Resolution No. R-06-06, certifying the Environmental Impact Report (“EIR”) (SCH No. 2005041028) for

1.1.e
Packet Pg. 77
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills

2 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 the Iron Horse Hills Residential Project, which includes Tentative Tract Map No. 16798, (hereinafter referenced as the “Project”) and as part of its approval of the Project, the City Council adopted Findings of Fact, Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Program for the Project; and

WHEREAS, pursuant to CEQA, when taking subsequent discretionary actions in furtherance of a project for which an EIR has been certified, the lead agency is required to review any changed circumstances to determine whether any of the circumstances under Public Resources Code section 21166 and State CEQA Guidelines section 15162 require additional environmental review, and

WHEREAS, the City has evaluated the pro posed amendments to the Project, including the Amendment to Tentative Tract Map No. 16798 , in light of the standards for subsequent environmental review outlined in Public Resources Code section 21166 and State CEQA Guidelines section 15162, and concluded that the proposed changes would not result in new significant environmental effects or a substantial increase in the severity of previously identified significant effects that were previously disclosed in the certified EIR, and therefore no subsequent EIR or mitigated negative declaration is required, and

WHEREAS, the proposed changes would nonetheless necessitate minor changes or additions to the certified EIR and thus, in full compliance with CEQA, the City has prepared an Addendum for the Project (Addendum), attached as Exhibit A to the certified EIR pursuant to State CEQA Guidelines section 15164 to address the changes in environmental effects associated with the minor changes to the Project, and

WHEREAS, the Planning Commission has reviewed and considered the Addendum prior to approving the Amendment to Tentative Tract Map No. 16798; and

WHEREAS, all other legal prerequisites t o the adoption of this Resolution have occurred.

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Colton does hereby find, determine and declare as follows:

SECTION 1. State CEQA Guidelines section 15164 requires lead agencies to prepare an addendum to a previously certified EIR if some changes or additions to the project are necessary, but none of the conditions requiring preparation of a subsequent EIR are present.

1.1.e
Packet Pg. 78
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills

3 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 The Planning Commission has reviewed and considered the administrative record, including but not limited to the previously certified EIR and the Addendum, which are all incorporated by reference as though set forth fully herein, and finds that those document s taken together contain a complete and accurate reporting of all the environmental impacts associated with the Project changes . The Planning Commission further finds that the Addendum and the administrative record have been completed in compliance with CEQA, the State CEQA Guidelines, and the City’s Local Guidelines. The Planning Commission finds and determines that the Addendum reflects the City’s independent judgment.

Furthermore, when taking subsequent discretionary actions in furtherance of a project for which an EIR has been certified, the City is required to review any changed circumstances under Public Resources Code section 21166 and State CEQA Guidelines section 15162 to determine whether additional environmental review is required. Based on the substantial evidence set forth in the administrative record, including but not limited to certified EIR and the Addendum, the Planning Commission finds that none of the conditions under State CEQA Guidelines section 15162 requiring subsequent environmental review have occurred because the Project changes:

a) do not constitute substantial changes that would require major revisions to the 2006 Final EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; and b) do not constitute substantial changes with respect to the circumstances under which the project was developed that would require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of the previously identified significant effects; and c) do not present new information or substantial importance that was not known and could not have been known with the exercise of reasonable diligence at the time the EIR was certified, showi ng any of the following: (i) that the project would have one or more significant effects not discussed in the earlier environmental documentation; (ii) that significant effects previously examined would be substantially more severe than shown in the earlier environmental documentation; (iii) that mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects, but the applicant declined to adopt such measures; or (iv) that mitigation measures or alternatives considerably different from those previously analyzed would substantially reduce one or more significant effects on the environment, but which the applicant declined to adopt.

1.1.e
Packet Pg. 79
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills

4 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 Pursuant to CEQA and State CEOA Guidelines, the Planning Commission hereby adopts the foregoing findings and adopts the Addendum attached as Exhibit A.

The Planning Commission directs staff to file a Notice of Determination within five (5) days of the adoption of this Resolution with the County Clerk.

SECTION 2. Based on the entire record before the Planning Commission and all written and oral evidence presented, the Planning Commission hereby makes the following findings for approval of Tentative Tract Map No. 16798:

The project materials and construction will be required to comply with all current California Codes including energy efficient standards and green code requirements.
b. The proposed subdivision and the pr ovisions for its design and impr ovement are consistent with the General P lan for the City of Colton ("General Plan"), because the proposed subdivision provides amenities and architectural enhancements consistent with the Reche Canyon Residential Estate Zoning on 119.6 acres project site.

The proposed development will provide all the necessary on -site and off -site

1.1.e
Packet Pg. 80
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills

5 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 improvements that meet or exceed the development standards for the Residential Estate Land Use designation of the Reche Canyon Specific Plan.

e. The subdivision design and type of i mprovements proposed in the Tentative Tract Map No. 16798, including amendment thereto, are not likely to cause serious public health problems because all development and public improvements will be performed per the requirements of all applicable standards and codes, including the zoning , building codes and in compliance with the General Plan Mobility Element Goal M-3: “Develop a safe, efficient, and attractive street system that provides capacity to meet existing and future demand,” in that the project wi ll be completing a number of traffic and transportation mitigation measures including b ut not limited to widening Barton Road and installing traffic signal at the access to project and widening Bart Road from the northerly project boundary to the southerly project boundary at its ultimate half-width section as a major arterial. The project will also be contributing its fair share toward off-site improvements consistent with intersections at Center Dr. and Washington and Reche Cany on Road and Washington.

g. The discharge of waste into an existing sewer system from development proposed in the Tentative Tract Ma p No. 16798 and proposed amendment will not cause a violation of existing requirements prescribed by the local water quality control board because the City's Engineering and Water Utilities Divisions of Public Works have reviewed and conditionally approved the proposal to address waste & wastewater requirements, drainage, grading, storm water, NPDS construction activity, Improvement Plans and Final Map submission requirements in making sure the discharge of waste is designed correctly so it does not impact existing water sources.

h. The subdi vision design and improvements proposed in the Tentative Tract Map No. 16798 and proposed amendment are located is not located within a

1.1.e
Packet Pg. 81
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills

6 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 U.S. Fish and Wildlife Service (USFWS) designated critical habitat for the Coastal California Gnatcatcher (CAGN), a federally threatened species. For the protection of this and other species , mitigation measures are incorporated within the CEQA IS/MND and MMRP for this project.

SECTION 3. Based upon the findings set forth in Sections 1 a nd 2 of this Resolution, the Planning Commission hereby approves (1) Tentative Tract Map No. 1 6798 and accompanying maps, subject to the attached Conditions of Approval (Exhibit “A”).

SECTION 4. Pursuant to California Government Code Section 65865, the Planning Commission hereby approves of the Amendment to Tentative Tentative Tract Map No. 16798 submitted Iron Horse Hills LLC, an Arizona li mited liability company, subject to conditions of approval attached as Exhibit “A”.

SECTION 5. This action by the Planning Commission shall be final unless an appeal of the action is filed with the City Clerk’s office in writing, pursuant to Section 18.58.100 of the Colton Municipal Code.

SECTION 6. The Secretary shall certify the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED this 13TH day of February 2024.

Planning Commission Chairperson
Richard Prieto

ATTEST:

Planning Commission Secretary
Mark R. Tomich, AICP

1.1.e
Packet Pg. 82
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills

7 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 I hereby certify that the foregoing is a true copy of a Resolution adopted by the Planning Commission of the City of Colton at a meeting held on February 13, 2024 , by the following vote of the Planning Commission:

AYES:

NOES:

ABSENT:

ABSTAIN:

Planning Commission Secretary
Mark R. Tomich, AICP

1.1.e
Packet Pg. 83
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills

8 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 EXHIBIT “A”

CONDITIONS OF APPROVAL

THE APPLICANT SHALL COMPLY WITH ALL CONDITIONS AS SET FORTH IN THE FOLLOWING CONDITIONS OF APPROVAL FOR PLANNING CASE #DAP-001-643

HOLD HARMLESS

1. The applicant shall defend, indemnify, and hold harmless the City of Colton and its officers, employees, and agents from and against any claim, action, or proceeding against the City of Colton, its officers, employees, or agents to attacks, set aside, void, or annul any approval or condition of approval of the City of Colton concerning this project, including but not limited to any approval or condition of approval of the city council, planning commission, or development services director. Th e City shall promptly notify the applicant of any claim, action , or proceeding concerning the project and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter.

PLANNING DIVISION

2. This approval is not considered final until the a pplicant signs t he attached acknowledgement of Conditions of Approval and submits the executed form to the Development Services Department.

3. This approval is for (1) Tentative Tract Map No. 16798, as conditioned and modified herein, for the construction of a 184 single-family lot subdivision and common lots on property measuring approximately 119.6 acres located at 1300 Barton Road (APNs: 0164- 471-01, 0164 -231-36, 0276 -372-03-04-09 and 0282 -192-09, 15, 23, 24, 45 and 46 ), as shown on plans dated November 21, 2023.

4. The applicant shall place a signed copy of these Conditions of Approval on the plan check sheet for the proposed project, subject to review and approval by the Development Services Director.

5. A fence permit shall be required for any perimeter fencing of the residential subdivision, subject to review and approval by the Development Services Department.

5. Any requests for modifications, including any deviation from the approved plans and/or conditions of approval, shall be submitted to the D evelopment Services Director for review, prior to scheduling for the Planning Commission meeting, if required.

6. Prior to issuance of building permits, the applicant shall submit a detailed landscape plan for the proposed open space areas. Disturbed/graded areas shall be landscaped with native

1.1.e
Packet Pg. 84
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills

9 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 and drought-tolerant plant materials, consistent with the City of Colton’s Water Efficient Landscape Ordinance.

7. Prior to submitting plans for construction of the homes , the builder and/or applicant shall submit plans for an Architectural and Site Plan Review by the Planning Commission tha t will include the review of the architectural designs of the homes , private recreational space, preliminary landscaping, fencing and site plan of each home within the subdivision.

8. The applicant and/or property owner shall comply with all requirements of all reviewing agencies and shall comply with all applicable local, state, and federal rules, laws, and regulations.

9. The applicant shall integrat e plaques or other educational m onumentation referencing Colton’s natural or manmade history along trails wit hin the open space. All educational monumentation and plaques shall be reviewed and approved by the Development Services Director or designee.

10. The applicant and/or property owner and/or homeowners association (HOA) shall, always, operate and maintain landscaping, building, common open space, private open space, subdivision identification signage, private streets, and all areas of the subject subdivision site so as not to constitute a nuisance in the community. This includes implementing and following the fuel modification plan required to be reviewed and approved by the Fire Department.

11. The applicant shall submit a landscape and irrigation plan prepared by a licensed Landscape Architect for all front yard and common area landscaped areas, subject to review and approval by the Development Services Department.

12. A decorative block wall shall be installed along all two perimeters of the project site in order to help mitigate noise impac ts, protect privacy, and provide an architecturally pleasing street view. The details of the perimeter wall , street cross -sections, colored renderings and landscape details shall be reviewed with the Architectural and Site Plan Review by the Planning Commission

13. All street light poles shall be designed to be consistent with surrounding street light theme, subject to review and approval of an Architectural and Site Plan Review by the Planning Commission.

1.1.e
Packet Pg. 85
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills

10 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 14. An H OA with a Maintenance Agreement as part of the Covenants, Conditions and Restrictions (CC&Rs) shall be required, composed of all property owners, to maintain all common areas such as trees, landscaping, , walkways, monthly service for private fire hydrant (if required), etc. Each owner and future property owners shall automatically become members of the association and shall be subject to a proportionate share of the maintenance.

15. Each property owner shall be responsible for the upkeep and maintenance of two or three car parking garages in each indivi dual subdivision lot. Garages must be always usable and available for the parking of vehicles and such language must be included in recorded CC&Rs, subject to review and approval by the Development Services Director.

16. The CC&Rs shall include specific language for continued maintenance and upkeep of the open space , park areas , all landscaped areas facing the street, and if private streets are identified on project plan Sheet LS -1, subject to review and appr oval by the Development Services Director and City Engineer.

17. The applicant shall provide permanent signage at various locations of the private park and open space areas indicating HOA reserves the right to revoke access, signage subject to review and approval by the Development Services Department.

18. The applicant shall comply with all Mitigation Measures, identified in the Mitigation and Monitoring Reporting Plan (MMRP).

19. Prior to recordation of a Final Map, applicant shall construct required public improvements associated with such Final Map, or agree to cause to be established a Community Facilities District (CFD), in compliance with California State laws, to fund construction of public improvements identified in the mitigation measures from the Mitigated Negative Declaration, and conditions of approval contained herein, as follows:
a. Water, wastewater and electric infrastructure as identified on the TTM b. Intersection improvements , including traffic signals, as identified in Mitigation Measures
c. Offsite street lighting
d. Offsite street improvements as identified in the Street Improvements Plans e. Onsite and offsite drainage facilities

20. Prior to recordation of a Final Map, the applicant shall annex to or establish a Community Facilities District (CFD) for maintenance services associated with such Final Map to fund the on-going operation and maintenance of public facilities within and for the benefit of such Final Map. Such facilities shall include the landscaped parkways within the public right-of-way, public s treet and sidewalk maintenance, neighborhood parks , trails, open space, streetlights in the public right-of-way, traffic safety signals, graffiti abatement, and public storm drains and water quality improvement facilities within the development and constructed pursuant to federal NPDES requirements. If the applicant establishes or

1.1.e
Packet Pg. 86
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills

11 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 annexes to a CFD in accordance with this condition, the applicant shall make a non - refundable deposit of toward the cost of CFD annexation, CFD formation or other mitigation proce ss, as applicable. The CFD or alternative financing mechanism shall include funding for ongoing maintenance responsibilities for the following public facilities and services:
a. Off-site street lighting and safety lighting.
b. Onsite and offsite drainage and water quality facilities as shown on the Tentative Map.

21. Prior to issuance of the first building permit the Final Map, the applicant shall establish a Community Facilities District for Law Enforcement, Fire and Paramedic Services or annex into a Community Facilities District in place at the time of annexation to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City. Alternatively, the applicant may propose alternative financing mechanisms to offset the annual negative fiscal impacts of the project with respect to Public Safety services. Applicant shall make a non -refundable deposit toward the cost of annexation, formation or the other mitigation process, as applicable.

BUILDING & SAFETY

22. Shall comply with the latest adopted edition of the following codes:

California Building Standards Code (Title 24, California Code of Regulations) Building Code and its appendices and standards. The 2019 edition , or most recent adopted addition, of the California Codes became effective for all permit applications submitted after January 1, 2020. a. California Building Code
b. California Building Security Code
c. California Electrical Code
d. California Fire Code
e. California Green Code
f. California Mechanical Code
g. California Plumbing Code
h. Energy Efficiency Standards
i. City of Colton Rules and Regulations.

23. Applicant shall submit improvement plans, to the B&S Division, for its review and approval prior to construction and occupancy and shall also be aware of Conditions 8, 13, and 15 above requiring prior Architectural and Site Plan Review approval by the Planning Commission.

1.1.e
Packet Pg. 87
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills

12 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 24. The project developer/applicant shall comply with the City of Colton Water Efficient landscape Ordinance. The developer shall provide the Building and Safety division with all information regarding the project’s water efficient requirements and compliance and methods.

25. The requirements of the Department of Environmental Health Services and the Air Quality Management District shall be satisfied prior to the issuance of any permit if hazardous materials are stored and/or used on the site.

26. Any temporary bui lding, trailer, commercial coach, etc. installed and/or used in connection with a construction project shall comply with City Code and Regulations.

27. Building Permits are required prior to the removal and/or demolition of structures.

31. Prior to final inspection, all plans will be placed on a CD Rom for reference and verification. Plans will include all project revisions and changes to original design. The CD will also include the projects energy calculations (Title 24) structural calculations, all additional supporting documents and all other pertinent information. It will be the responsibility of the developer and/or the building or property owner(s) to bear all costs required for this process. The CD will be presented to the Building and Safety Division for review and approval prior to final inspection and building occupancy. The CD will become the property of the Colton Building and Safety Division at that time. The Tract Map shall record prior to the issuance of any Building Permits The removal and demolition of existing structures requires a Building Permit, It shall be as per separate plan review submittal.

32. PRIOR TO ISSUANCE OF BUILDING/CONSTRUCTION PERMITS
a. School Fee Certificate – approved by applicable City of Colton school district b. Rough Grading signed off by the City of Colton Public Works Inspector. c. A pad certification for each individual lot shall be provided to the B uilding & Safety Division
d. Compaction report – by Soils Engineer
e. All Building Permit and Development Impact fees paid.

1.1.e
Packet Pg. 88
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills

13 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 PUBLIC WORKS DEPARTMENT

A. ELECTRIC UTILITY
General Conditions and Requirements: (New Service)
a. It has been determined that the City of Colton will provide service to this project. The project applicant/developer shall comply with all Colton Electric Ru les and Regulations customer service policies and service requirements of the City of Colton Electric Utility Department.

b. The developer shall, when electric service is required, provide the Colton Electric Utility Department with all information necessary t o determine the project’s electric distribution and service requirements, including load calculations.

c. The developer shall, when required, and at their own expense, install all conduit and vault systems associated with underground electric line extensions and street -lighting as per the Electric Utility's approved design. The developer shall pay all fees and charges associated with the Electric Utility’s cost to provide electric service, including underground and overhead line extensions and street -lighting. The developer shall provide utility easements for all existing and proposed utility owned electric facilities within private property.

B. STREET IMPROVEMENTS

1. All project-fronting improvements must meet ADA accessibility standards.

2. The Applicant/Developer must contact Omnitrans regarding any proposed Bus Stops and/or Bus Stop improvements fronting or near the site required as part of this development and abide by any requirements from Omnitrans.

C. GRADING

1. The final site improvement plans to include grad ing, drainage, paving, and utilities, shall be prepared by a license civil engineer registered in the state of California, and shall conform to the approved, preliminary site plan, and all applicable provisions of the City’s Zoning Ordinance and development standards.

2. A bond in the amount of 120 percent of the cost to irrigate and plant all graded areas shall be posted at grading permit issuance in order to assure erosion control.

1.1.e
Packet Pg. 89
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills

14 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 3. The applicant/developer shall provide an erosion control plan prior to final approval of plan/project.

D. EROSION CONTROL: (FOR ALL VACANT LOT, NEW BUILDING

CONSTRUCTION)

1. A stand–by crew for emergency work shall be available at all times during the rainy season ( October 1 – May 31). necessary materials shall be available on site and stockpiled at convenient locations to facilitate rapid construction of emergency devices when rain is imminent.

2. Erosion control devices shown on the plans shall be removed when approved by the grading inspector if the grading operation has progres sed to the point where they are no longer required.

3. Graded areas adjacent to fill slopes, located at the site perimeter must drain away from the top of the slope at the conclusion of each working day.

4. All site and debris shall be removed from all devices within 24 hours after each rainstorm.

5. A guard shall be posted on the site, or five (5) foot high perimeter fencing shall be installed whenever the depth of water in any device exceeds two feet during construction. The device shall be drained or pumped dry within 24 hours after each rainstorm.

6. Except as otherwise approved by the grading inspector, all removable protective devices shown shall be in place at the end of each working day, or on weekends when the 5-day rain probability forecast exceeds 40%

7. All loose soil and debris, which shall create potential hazard to off -site property, shall be removed from the site as directed by the grading inspector.

8. The placement of additional devices to reduce erosion damage within the site is left to the discretion of the field engineer.

9. De-silting basins shall not be removed or made inoperable between October 1 and May 31, without the approval of the city inspector.

1.1.e
Packet Pg. 90
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills

15 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 10. Erosion control devices will be modified as needed as the project progresses and plans of these changes submitted for approval as required.

E. DRAINAGE:

1. The City Engineer shall review any proposed solutions to any drainage problems and approve the proposed solution with the Development Services Director’s recommendation.

2. A drainage study is required prior to approval of the final map. Additional conditions shall be required that cannot be determined at this time.

F. CITY ENGINEER/ENGINEERING DEPARTMENT:

1. The applicant/developer shall comply with all conditions of approval from the City engineering department, listed in the memorandum, dated August 10, 2006. a copy of which is attached to and made a part of these conditions of approval.

G. WATER & WASTEWATER DEPARTMENT:

1. The applicant/developer shall comply with all conditions of approval from the City water/wastewater department, listed in the memorandum, dated DRC meeting June 5, 2006. a copy of which is attached to and made a part of these conditions of approval.

H. WATER AND WASTEWATER / UTILITIES
1) The development shall meet all the requirements as set forth by the Water/Wastewater department for water, sewer and pre-treatment facilities.

2) All construction shall conform to the current edition of the specifications for public works construction (green book), and the current standards and specifications of the city of Colton Water / Waste water De partment .

3) Water and sewer civil engineering plans shall be prepared by a registered civil engineer and shall be submitted with an engineer's cost estimat e along with water and sewer calculations to support the design.

4) Construction of all offsite improvements shall be per the approved water and sewer plans.

5) The developer shall verify the existence and location of any utility ease ments and show said easements on all plans. all utility easements shall be protected from encroachment.

1.1.e
Packet Pg. 91
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills

ATTACHMENT 7

Updated Draft PC Resolution No. R-35-23 (dates updated – recommendation to the City Council)

1.1.e
Packet Pg. 92
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills

23152.06329\41826893.1

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28

- 1 -

RESOLUTION NO. R-35-23

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

COLTON RECOMMENDING TO THE CITY COUNCIL APPROVAL OF

A SECOND AMENDED AND RESTATED DEVELOPMENT

AGREEMENT WITH IRON HORSE HILLS LLC FOR THE IRON

HORSE HILLS DEVELOPMENT PROJECT (TENTATIVE TRACT MAP
NO. 16798), LOCATED AT 1300 EAST BARTON ROAD IN THE CITY OF COLTON (DAP-001-770)

WHEREAS, the City of Colton (“City”) has found that development agreements will strengthen the public planning process, encourage private partic ipation in comprehensive planning by providing a greater degree of certainty in that process, reduce the economic costs of development, allow for the orderly planning of public improvements and services, allocate costs to achieve maximum utilization of public and private resources in the development process, and ensure that appropriate measures to enhance and protect the environment are achieved; and

WHEREAS, pursuant to California Government Code Sections 65864 et seq. and Colton Municipal Code Section 18.58.102, the City is authorized to enter into development agreements providing for the development of land under terms and conditions set forth therein; and

WHEREAS, Iron Horse Hills LLC , an Arizona limited liability company, (“Developer”) proposes to develop the Iron Horse Hills residential subdivision (Tentative Tract Map No. 16798 “Project); and

WHEREAS, the Planning Commission has considered the Project, including substantial conformance amendments, to provide for the orderly growt h and quality development of the Project in accordance with the General Plan and Municipal Code; and

1.1.e
Packet Pg. 93
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills 23152.06329\41826893.1

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28

- 2 -

without disruption caused by a change in the City's planning policies and requirements except as provided in the Development Agreement, which assurance which thereby reduced the actual or perceived risk of planning for and proceeding with development of the Project; and

WHEREAS, Developer and City entered into a First Amended and Restated Development Agreement (“ First Amendment”) on January 2, 2014 to extend the term of the Development Agreement for an additional ten-year term, ending on January 2, 2024; and

WHEREAS, because of impacts of the Covid-19 pandemic, adoption of the City’s General Plan Mobility Element, and changes in the Project description to replace a reservoir and booster station with a well site, Developer has requested a second ten-year extension of the term of the Development Agreement through this Second Amended and Restated Development Agreement (“Second Amendment”); and

WHEREAS, the Planning Commission has found that this Second Amendment consistent with the City's General Plan, Zoning Code, and the Reche Canyon Specific Plan; and

WHEREAS, the Planning Commission has determined that by amending the Development Agreement for a Second time : (i) the City will promote orderly growth and quality development on the Property in accordance with the goals and policies set forth in the General Plan; (ii) significant benefits will be created for Cit y residents and the public generally from increased employment and property tax revenue created by the Project; and

WHEREAS, on November 28, 2023, and February 13, 2024, the Planning Commission held a duly advertised public hearing on the Development Agreement; and

WHEREAS, on January 25, 2024, the Reche Canyon Traffic Ad -Hoc Committee reviewed the project and provided comments for the Planning Commission’s consideration: and

WHEREAS, the Planning Commission considered the Staff Report, the Development Agreement, all recommendations by staff, and public testimony; and

1.1.e
Packet Pg. 94
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills 23152.06329\41826893.1

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28

- 3 -

WHEREAS, on September 5, 2006, the City Council, as the lead agency under the California Environmental Quality Act (“CEQA”) affirmed Planning Commission Resolution No.

R-06-06, certifying the Environmental Impact Report (“EIR”) (SCH No. 2005041028) for Tentative Tract Map No. 16798, and as part of its approval of the Project, City adopted Findings of Fact, Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Program for the Project; and

WHEREAS, an Addendum to the EIR has been p repared to analyze the impacts of the minor changes to the Project, including the Second Amendment, pursuant to CEQA, because no new significant impacts or a substantial increase in the severity of previously identified significant impacts have occurred and therefore no additional environmental review is required for approval pursuant to State CEQA Guidelines Section 15162 and Public Resources Code section 21166; and

WHEREAS, the Planning Commission has reviewed and considered the Addendum prior to recommending City Council action on the Second Amendment.

NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF COLTON DOES RESOLVE AS FOLLOWS:

SECTION 1. The Planning Commission has, by separate action taken on November 28, 2023, adopted a resolution adopting the Addendum to the EIR (SCH No. 2005041028) which was certified on September 5, 2006 by the City Council. The Addendum analyzed the environmental impacts of the actions taken in this Resolution. Adopting the Addendum satisfied the Planning Commission’s obligations under the California Environmental Quality Act regarding the Project, and none of the conditions in Public Resources Code section 21166 or State CEQA Guidelines section 15162 apply. Thus, no further environmental review is required as adoption of this Resolution falls within the scope of the adopted Addendum and previously certified EIR.

SECTION 2. Based on the entire record before the Planning Commission and all written and oral evidence presented, the Planning Commission finds this Second Amended and Restated Development Agreement not be detrimental to the health, safety and welfare of the community

1.1.e
Packet Pg. 95
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills 23152.06329\41826893.1

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28

- 4 -

because the Development Agreement will permit land uses that best reflect community needs, including the need for local employment opportunities and increased property tax revenue to fund City services, an d will allow for the most efficient and logical development of the real property governed by the Development Agreement in the City.

SECTION 3. Pursuant to California Government Code Section 65867.5(b) and based on the entire record before the Planning Commission, including all written and oral evidence presented, the Planning Commission hereby finds that the Second Amendment is consistent with the General Plan because it will result in the development of the Property that is consistent with the uses and intensity allowed under the General Plan.

SECTION 4. Based on the entire record before the Planning Commission, including all written and oral evidence presented, the Planning Commission finds this Second Amendment to be compatible with the uses authorized in, and the regulations prescribed for, the Reche Canyon Specific Plan land use designations in which the real property is located.

SECTION 5. Based on the entire record before the Planning Commission and all written and oral evidence presented, the Planning Commission finds that: (i) the economic interests of Colton citizens and the public health, safety and welfare will be best served by entering into the Second Amendment; (ii) this Second Amendment is compatible with the uses authorized in, and the regulations prescribed for, the area in which the Property is located; (iii) the Second Amendment is in conformity with the public convenience, ge neral welfare and good land use practice; and (iv) the Second Amendment will not adversely affect the orderly development or the preservation of property values for the property it governs or any other property.

The Planning Commission further finds that among the public benefits to accrue to the residents of the City as a result of the Second Amendment include : (a) Dedication and improvements to three (3) local parks; and (b) annexing the project site into the City’s Maintenance and Public Safety Community Facilities Districts.

SECTION 6. Pursuant to California Government Code Section 65865, the Planning Commission hereby recommends to the City Council approval of the Second Amendment

1.1.e
Packet Pg. 96
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills 23152.06329\41826893.1

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28

- 5 -

attached hereto as Exhibit "A", entitled "Second Amended and Restated Development Agreement between City of Colton and Iron Horse Hills LLC, an Arizona li mited liability company” (the "Development Agreement").

SECTION 7. LOCATION AND CUSTODIAN OF RECORDS. The documents and materials that constitute the record of proceedings on which this Resolution has been based are located at the City of Colton, Development Services Department. The custodian for these records is City Clerk, City of Colton . This information is provided in compliance with Public Resources Code section 21081.6.

SECTION 10. The Secretary shall certify the adoption of this Resolution.

PASSED, APPROVED AND ADOPTED this 13 day of February, 2024.

Planning Commission Chairperson
Richard C. Prieto
ATTEST:

Planning Commission Secretary
Mark R. Tomich, AICP

I hereby certify that the foregoing is a true copy of a resolution adopted by the Planning Commission of the City of Colton at a meeting held on the 13th day of February, 2024 by the following vote of the Planning Commission:

AYES:

NOES:

ABSENT:

ABSTAIN:
_______________________________________
Mark R. Tomich, AICP
Planning Commission Secretary

1.1.e
Packet Pg. 97
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills 23152.06329\41826893.1

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28

- 6 -

EXHIBIT “A”
Second Amended and Restated Development Agreement – Iron Horse Hills LLC

1.1.e
Packet Pg. 98
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills

ATTACHMENT 8

Amended and Restated Development Agreement

1.1.e
Packet Pg. 99
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills 23152.06329\41826893.1

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28

- 6 -

EXHIBIT “A”
Second Amended and Restated Development Agreement – Iron Horse Hills LLC

1.1.e
Packet Pg. 100
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills 1 Colton - Second Amended and Restated Development Agreement(882704.8882704.9) Recorded at the request of:

Clerk, City Council
City of Colton
When recorded return to:

CITY OF COLTON
650 North La Cadena Drive
Colton, California 92324
Attention: City Clerk
Space Above for Recorder's Use Only
Exempt from Filing Fees, Gov' t Code Section 6103

SECOND AMENDED AND RESTATED
DEVELOPMENT AGREEMENT NO. 1 (File Index No. DAP-___-___)

A DEVELOPMENT AGREEMENT BETWEEN

CITY OF COLTON
and

IRON HORSE HILLS LLC

1.1.e
Packet Pg. 101
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills

SECOND AMENDED AND RESTATED
DEVELOPMENT AGREEMENT NO. 1 (File Index No. DAP-___-___) This SECOND A MENDED AND RESTATED DEVELOPMENT AGREEMENT (hereinafter “Second Amended Agreement”) is entered into to be effective on the Effective Date (as hereinafter d efined) b y a nd b etween t he CITY OF C OLTON, a C alifornia municipal corporation (hereinafter “ CITY”), and I RON H ORSE H ILLS LLC, an A rizona limited liability company (hereinafter “DEVELOPER”). CITY and DEVELOPER are sometimes singularly referred to herein as a “Party” and collectively as the “Parties.”

RECITALS
A. These Recitals refer to and utilize certain capitalized terms which are defined in this Second Amended Agreement. The Parties intend to refer to those definitions in conjunction with the use thereof in these Recitals.

B. Government C ode sections 65864-65869.5 ( “Development A greement Law”) authorize the CITY to enter into binding development agreements with persons having a legal or equitable interest in r eal p roperty for the d evelopment of s uch property, a ll f or the purpose o f strengthening t he p ublic planning p rocess, e ncouraging p rivate p articipation and comprehensive planning and reducing the economic cost of such development. This Second Amended Agreement is adopted pursuant to the Development Agreement Law.

C. DEVELOPER is the Owner in fee and proposed developer of approximately 120 acres of real p roperty located east of Barton Road and south of Hilltop Drive within the Reche Canyon S pecific P lan A rea of the C ITY, A ssessor Parcel Nos. 0 164-471-01, 0164-231-36, 0276-372-03, 04, 09 and 0282-192-09, 15, 23, 24, 45 and 46 which real p roperty is m ore particularly described and shown on Exhibit “A” (“Property”).

D. DEVELOPER acquired the Property from the previous owner, AMG-RECHE, LLC, on December 6, 2018, at which time AMG-RECHE, LLC assigned all of its rights and duties arising under the First Amended Agreement (as defined below) to DEVELOPER.

E. DEVELOPER proposes to develop the Property with 184 single-family residential lots and 11 lettered lots (“Project”). For purposes of information only, the proposed development of the Property is sometimes referred to as “Iron Horse Hills.” F. On A ugust 8 , 2 006 t he C ITY’s P lanning C ommission, f ollowing a d uly n oticed public h earing, a dopted R esolution N o. R -06-06 c ertifying t he E nvironmental I mpact R eport Prepared for the Iron Horse Hills Residential Project, Adopting Environmental Findings Pursuant to the California Quality Act, Adopting a Statement of Overriding Considerations, and Adopting a Mitigation Monitoring Program (the “EIR”).

G. On August 8, 2006 the CITY's Planning Commission also adopted (1) Resolution No. R-07-06 recommending that the CITY Council approve an Amendment to the Reche Canyon Specific Plan (“SPA”) and (2) Resolution No. R-08-06 approving Tentative Tract Map No. 16798 (“Tract 16798”).
2 Colton - Second Amended and Restated Development Agreement(882704.8882704.9)

1.1.e
Packet Pg. 102
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills H. On September 5, 2006, following a duly noticed public hearing, the City Council of the CITY adopted Ordinance No. 0-15-06, approving the SPA to the Reche Canyon Specific Plan.

The certification by the Planning Commission of the EIR by adoption of Resolution R-06-06 and the City Council's approval of the SPA and Tract 16798 are collectively referred to as the “Original Project Approvals”.

I. On or about November 27, 2007, the CITY's Planning Commission, the advisory agency for the p urposes o f t he D evelopment Agreement L aw, pursuant t o G overnment Code section 65867, h eld a duly n oticed p ublic h earing a nd a dopted i ts R esolution N o. R -06-07 recommending that the City Council of the CITY approve a Development Agreement covering the Property.

J. On o r about December 1 8, 2007, the City Council of CITY held a d uly noticed public hearing and adopted Ordinance No. O-22-07, approving Development Agreement DA07-0l which was subsequently recorded on February 27, 2008 as Document No. 2008-0085519 in the Official Records of San Bernardino, California (“Original Development Agreement”).

K. Following the approval of the Original Development Agreement, because of the deep and prolonged economic recession which particularly and acutely affected the housing industry, DEVELOPER was unable to proceed with the development of the Property pursuant to the Original Project Approvals and the Original Development Agreement, w hich p rompted t he DEVELOPER a nd C ITY t o e nter i nto t hat c ertain F irst A mended a nd R estated D evelopment Agreement DAP-001-112 dated December 3, 2013 (the “First Amended Agreement”).

L. On or about O ctober 8 , 2 013, the CITY's Planning Commission, the advisory agency for the p urposes o f t he D evelopment Agreement L aw, pursuant t o G overnment Code section 65867, h eld a duly n oticed p ublic h earing a nd a dopted i ts R esolution N o. R -06-07 recommending that the City Council of the CITY approve the First Amended Agreement covering the Property.

M. On o r about December 3 , 2013, the City Council of CITY held a d uly noticed public h earing a nd adopted Ordinance N o. O -07-13, approving t he F irst A mended Agreement which was subsequently recorded on June 30, 2015 as Document No. 2015-0274348 in the Official Records of San Bernardino, California.

N. Following the approval of the First Amended Agreement, certain events transpired that caused further delay in the development of the Project and/or made certain changes to the approved Tract 16798 d esirable i ncluding, b ut n ot l imited t o, t he C OVID-19 w orldwide p andemic a nd t he C ITY’s updated Traffic Mobility Plan in its General Plan.

O. To a ccommodate, a mong o ther t hings, t he C ITY’s u pdated T raffic M obility P lan, DEVELOPER submitted a Substantial Conformance Application with the CITY on or about March 10, 2020 (the “Substantial Conformance Application”), pursuant to which certain minor modifications to the a pproved T ract 1 6798 a re b eing p roposed, a s r eflected o n Exhibit “ A-1” a ttached h ereto a nd incorporated h erein b y t his r eference ( the “ Substantial C onformance M ap”). A mong t he o ther modifications being proposed, DEVELOPER and CITY agree that the Reservoir and Booster Station that were previously contemplated in the First Amended Agreement are no longer needed in conjunction with the development of the Project, but that a well site will be dedicated to the CITY instead.

P. In c ontemplation o f t he proposed modifications that are the subject of the Substantial 3 Colton - Second Amended and Restated Development Agreement(882704.8882704.9)

1.1.e
Packet Pg. 103
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills Conformance Application, CITY engaged its environmental consultant, Michael Baker International, to prepare an Environmental Impact Report Addendum (the “EIR Addendum”).

Q. Therefore, CITY and DEVELOPER now desire to enter into this Second Amended Agreement to amend and restate the First Amended Agreement to provide for, among things, the elimination of DEVELOPER’s obligation to dedicate land for the Reservoir and Booster Station, and to establish DEVELOPER's obligation to dedicate land for a well site.

R. On _____________, 2 023 t he C ITY’s P lanning C ommission, f ollowing a d uly noticed public hearing, adopted Resolution No. R-_______ certifying the EIR Addendum.

S. On _____________, 2 023 t he C ITY's Planning C ommission also a dopted Resolution No. R -_______ r ecommending that t he CITY C ouncil a pprove D EVELOPER’s Substantial C onformance A pplication, a nd r elated m odifications t o T ract 16798 ( the “ Modified Tract 16798”).

T. On ______________, 2 023, f ollowing a d uly n oticed p ublic h earing, t he C ity Council of the CITY adopted Ordinance No. __________, approving the Modified Tract 16798, and the certification by the Planning Commission of the EIR Addendum by adoption of Resolution R-______. T he c ertification o f t he E IR A ddendum a nd t he City Council's approval of the Modified Tract 16798 are collectively referred to as the “Modified Project Approvals”.

U. DEVELOPER has requested that CITY enter into this Second Amended Agreement and proceedings have been taken in accordance with the Development Agreement Law and with the rules, regulations and policies of CITY pertaining to the adoption of development agreements set forth in Municipal Code section 18.58.080 (“Development Agreement Ordinance”).

V. By entering into t his Second A mended A greement, CITY s hall bind f uture City Councils of CITY by t he o bligations specified herein a nd l imit t he f uture exercise of c ertain governmental and proprietary powers of CITY.

W. The terms and conditions o f t his Second A mended A greement h ave u ndergone extensive review b y C ITY a nd b y t he City Council a nd h ave b een found to b e f air, j ust a nd reasonable. It has further been determined by the City Council that the best interests of the citizens of the CITY and the public health, safety and welfare will be served by entering into this Second Amended Agreement.

X. All procedures of the California Environmental Quality Act, Public Resources Code section 21000 et seq. (“CEQA”) have been met with respect to the Project and this Second Amended Agreement by the certification of the EIR and EIR Addendum.

Y. The City C ouncil h as determined that this S econd A mended Agreement and the Project are consistent with the CITY's General Plan and the Reche Canyon Specific Plan applicable thereto.

Z. On or about ___________ , 2023, the CITY's Planning Commission, pursuant to Government Code section 65867, held a duly noticed public hearing and adopted its Resolution No. _________ recommending that the City Council of the CITY approve this Second Amended Agreement.

AA. On or about ____________, 2023, the City Council of CITY held a duly noticed 4 Colton - Second Amended and Restated Development Agreement(882704.8882704.9)

1.1.e
Packet Pg. 104
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills public h earing a nd adopted Ordinance No. _________, a pproving this S econd A mended Agreement.

BB. The City C ouncil has d etermined that the d evelopment of t he Property in accordance with this Second Amended Agreement will provide substantial benefits to CITY and will further important policies and goals of CITY. Further, this Second Amended Agreement will eliminate uncertainty in planning and provide for the orderly development of the Property, insure progressive installation of necessary improvements, provide for public services appropriate to the development of the Project, and generally serve the purposes for which development agreements under the Development Agreement Law are intended.

CC. The Parties contemplate that DEVELOPER will complete and file an application and p etition w ith t he CITY requesting t he f ormation o f a Mello-Roos Community Facilities District (“CFD”), and annexation of the project area into CFD No. 2021-1 (Public Safety) and CFD No. 2021-2 (Maintenance) pursuant to the provisions of Government Code section 53311 et seq. that w ill i nclude t he Property t o p rovide a f inancing m echanism t o p ay f or the c onstruction o f certain public improvements and facilities that will benefit the Property and the CITY.

DD. DEVELOPER has incurred and will in the future incur substantial costs in order to assure development of t he Property in accordance with this Second A mended Agreement, and which substantial costs are in excess of the generally applicable requirements in order to assure vesting of legal rights to develop the Property in accordance with this Second Amended Agreement.

SECOND AMENDED AGREEMENT
NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:

1. DEFINITIONS AND EXHIBITS.

1.1. Definitions. The following t erms when used in this Second A mended Agreement shall be defined as follows:

1.1.1. “CFD” means a M ello-Roos Community Facilities District t o b e formed by CITY pursuant to the provisions of Government Code section 53311 et seq. covering the Property.

1.1.2. “CITY” m eans the City of Colton, a municipal corporation, organized and existing pursuant to the laws of the State of California.

1.1.3. “Development” means the i mprovement of t he Property f or the purposes o f completing the s tructures, improvements and facilities c omprising t he Project including, but not limited to: grading; the construction of infrastructure and public facilities related to the Project whether located within or outside the Property; the construction of buildings and structures; and the installation of landscaping. “Development” does not include the maintenance, repair, reconstruction or redevelopment of any building, structure, improvement or facility after the construction and completion thereof.
5 Colton - Second Amended and Restated Development Agreement(882704.8882704.9)

1.1.e
Packet Pg. 105
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills

1.1.4. “Development Agreement Ordinance” means those certain development agreement rules, regulations and policies of the CITY set forth in the Development Agreement Ordinance, Municipal Code section 18.58.102.

1.1.5. “Development Approvals” means all permits and other entitlements for use subject to approval or issuance by CITY in connection with development of the Property including, but not limited to:
(a) specific plans and specific plan amendments;
(b) tentative and final subdivision and parcel maps;
(c) conditional use permits, public use permits and plot plans; (d) zoning;
(e) grading and building permits.

1.1.6. “Development Exaction” means a ny requirement o f CITY i n connection with or pursuant to any Land Use Regulation or Development Approval for the dedication of land,the construction of improvements or public facilities, or the payment of fees in order to lessen, offset, mitigate or compensate for the impacts of development on the environment or other public interests.

1.1.7. “Development Impact Fee” a monetary exaction other than a tax or special assessment, whether e stablished for a broad c lass of projects b y legislation of general applicability or imposed on a specific project on an ad hoc basis, that is charged by a local agency to the applicant in connection with approval of a development project for the purpose of defraying all or a p ortion o f t he c ost o f p ublic f acilities r elated to the d evelopment p roject, b ut does not include park “ in l ieu” fees specified i n Government C ode Section 66477, f ees f or processing applications for governmental regulatory actions or approvals, or fees collected under development agreements adopted pursuant to Article 2.5 of the Government Code (commencing with Section 65864) of Chapter 4.

1.1.8. “Development P lan” means t he Existing D evelopment A pprovals and the Existing Land Use Regulations applicable to development of the Property.

1.1.9. “Effective Date” means the date the ordinance approving this Second Amended Agreement becomes effective.

1.1.10. “Existing D evelopment Approvals” means all D evelopment Approvals approved o r issued prior to t he Effective D ate. Existing Development Approvals includes the Project Approvals listed on Exhibit "B" and all other Approvals which are a matter of public record on the Effective Date.

1.1.11. “Existing D evelopment Impact F ees” means t he t ypes a nd categories of Development Impact Fees duly adopted by the CITY and in effect on the Effective Date of this Second Amended Agreement.

1.1.12. “First Amended Agreement” means that certain First Amended and Restated Development Agreement No. 1 ( DAP-001-112) covering the Property adopted by the City Council by Ordinance No. O -07-13 o n D ecember 3 , 2 013, e xecuted b y t he Parties, and recorded on J une 3 0, 2 015 as Document No. 2 015-0274348, in t he O fficial R ecords of San Bernardino, California and effective on December 3 , 2013. 6 Colton - Second Amended and Restated Development Agreement(882704.8882704.9)

1.1.e
Packet Pg. 106
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills

1.1.13. “Second A mended A greement” means t his S econd A mended a nd Restated Development Agreement.

1.1.14. “Existing Land Use Regulations” means all Land Use Regulations in effect on the Effective Date of this Second Amended Agreement. Existing Land Use Regulations includes the Regulations incorporated herein as Exhibit “C” and all other Regulations which are a matter of public record on the Effective Date of this Second Amended Agreement.

1.1.15. “Land Use Regulations” means all ordinances, resolutions, codes, rules, regulations a nd o fficial p olicies o f C ITY g overning t he d evelopment a nd u se o f land, including, without limitation, the permitted use of land, the density or intensity of use, subdivision requirements, the maximum height and size of proposed buildings, the provisions for reservation or dedication of land for public purposes, and the design, improvement and construction standards and specifications applicable to the development of the property. “Land Use Regulations” does not include any CITY ordinance, resolution, code, rule, regulation or official policy, governing:
(a) the conduct of businesses, professions, and occupations; (b) taxes and assessments;
(c) the control and abatement of nuisances;
(d) the granting of encroachment permits and the conveyance of rights and interests which provide for the use of or the entry upon public property; (e) the exercise of the power of eminent domain.

1.1.16. “DEVELOPER” means t he persons and e ntities listed a s DEVELOPER on page 1 of this Second Amended Agreement and their successors in interest to all or any part of the Property.

1.1.17. “Interim I mprovements” shall mean i nterim i mprovements including roads, pipelines and utilities to be constructed and installed by CITY in association with the construction of the Reservoir.

1.1.18. “Modified P roject A pprovals” m eans c ollectively ( a) P lanning Commission Resolution No. R-_______ adopted on ____________, 2023 certifying the EIR Addendum; (b) M odified T ract 1 6798 a pproved o n __________, 2 023 b y P lanning C ommission R esolution N o.

R-__________.

1.1.19. “Modified Tract 16798” means the Modified Tentative Tract Map No. 16798 a pproved b y t he Planning Commission's adoption of Resolution No. R-______ on _________, 2022.

1.1.20. “Mortgagee” means a mortgagee of a mortgage, a beneficiary under a deed of trust or any other security-device lender, and their successors and assigns.

1.1.21. “Original Project Approvals” means collectively (a) Planning Commission Resolution N o. R-06-06 adopted o n A ugust 8, 2006 c ertifying t he Environmental Impact R eport for t he I ron H orse Hills Residential P roject, A dopting f indings p ursuant t o t he California Environmental Quality A ct, Adopting a Statement o f O verriding Considerations a nd Adopting a Mitigation Monitoring Report; ( b) Tentative Tract Map No. 16978 approved on August 8, 2006 by Planning Commission Resolution No. R-07-06; and (c) Ordinance No. 0-15-06 7 Colton - Second Amended and Restated Development Agreement(882704.8882704.9)

1.1.e
Packet Pg. 107
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills adopted by the City C ouncil o n S eptember 5 , 2006 A mending Portions o f the R eche C anyon Specific Plan Land Use Map shown as an Addendum to Title 18 of the Colton Municipal Code:

File Number DAP- 000-343.

1.1.22. “Original Development A greement” means that c ertain Development Agreement No. DA07-01 covering the Property adopted by the City Council by Ordinance No. O-22-07 on December 18, 2007, executed by the Parties, and recorded on February 27, 2008 as Document No. 2008-0085519, in the Official Records of San Bernardino, California and effectiveon January 17, 2008.

1.1.23. “Project” means the development of the Property contemplated by the Development Plan as such Plan may be further defined, enhanced or modified pursuant to the provisions of this Second Amended Agreement.

1.1.24. “Project Approvals” means, collectively, the Original Project Approvals and the Modified Project Approvals.

1.1.25. “Property” means the real property more particularly described and shown on Exhibit “A” to this Second Amended Agreement.

1.1.26. “Reche Canyon Specific Plan Area” means all lands and property within the CITY covered by the Reche Canyon Specific Plan and the SPA.

1.1.27. “Reservations of A uthority” means t he r ights a nd authority excepted from the assurances and rights provided to DEVELOPER under this Second Amended Agreement and reserved to CITY under Section 3.6 of this Second Amended Agreement.

1.1.28. “SPA” means the Specific Plan Amendment to the Reche Canyon Specific Plan the City Council's adoption of Ordinance No. 0-15-06 on September 5, 2006.

1.1.29. “Subsequent Development Approvals” means a ll Development Approvals required subsequent to the Effective Date i n connection with development of the Property.

1.1.30. “Subsequent Land U se R egulations” means a ny Land Use Regulations adopted and effective after the Effective Date of this Second Amended Agreement.

1.1.31. “Tract 16798” means Tentative Tract Map No. 16798 approved by the Planning Commission's adoption of Resolution No. R-08-06 on August 8, 2006.

1.2. Exhibits. The following documents are attached to, and by this reference made apart of, this Second Amended Agreement:

Exhibit “A” - Legal Description and Depiction of the Property.

Exhibit “A-1” - Substantial Conformance Map
Exhibit “B” - Existing Development Approvals.

Exhibit “C” - Existing Land Use Regulations.

Exhibit “D” - Well Site.

Exhibit “E” – Intentionally Omitted.

Exhibit “F” - Neighborhood Park Improvements.
8 Colton - Second Amended and Restated Development Agreement(882704.8882704.9)

1.1.e
Packet Pg. 108
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills Exhibit “G” - Existing Development Impact Fees.

Exhibit “H” - Fee Credits.

Exhibit “I” - CFD Reimbursement Eligible Items.

2. GENERAL PROVISIONS.

2.1. Binding E ffect o f S econd A mended A greement. The Property i s h ereby made s ubject t o this S econd A mended Agreement. Development of the Property is hereby authorized and shall be carried out only in accordance with the terms of this S econd A mended Agreement.

2.2. Ownership of Property. DEVELOPER represents and covenants that it is the owner of the fee simple title to the Property or a portion thereof.

2.3. Term. The initial term of this Second Amended Agreement shall commence on the Effective Date of this Second Amended Agreement, and shall continue for a period of ten (10) years thereafter (“Initial Term”) unless such Initial Term is modified or extended pursuant to the provisions of this Second Amended Agreement. Notwithstanding the foregoing, the term of this Second A mended Agreement may be extended f or a n additional five (5) y ears following expiration of the Initial Term (“Extended Term”), provided the following have occurred:

2.3.1. DEVELOPER provides a t least one hundred eighty ( 180) d ays writtennotice to CITY prior to the expiration of the initial term; and

2.3.2. DEVELOPER is not then in uncured default of this Second Amended

2.3.3. DEVELOPER s hall h ave o btained b uilding p ermits f or a t l east sixty-seven p ercent ( 67%) o f t he s ingle f amily r esidential u nits contemplated by Modified Tract 16798.

The I nitial T erm and, i f a nd upon extension, t he 5-year Extended T erm, s hall s ometimes b e referred to herein collectively as the “Term”.

2.4. Assignment.

2.4.1. Right to Assign. DEVELOPER shall have the right to sell, transfer or assign t he P roperty in whole o r i n part ( provided that s uch partial transfer s hall c omply t he Subdivision Map Act, Government Code Section 66410 et seq.), to any person, partnership, joint venture, f irm or corporation a t any t ime d uring the T erm o f this Second A mended Agreement; provided, however, that any s uch s ale, transfer or a ssignment s hall include t he assignment and assumption of the rights, duties and o bligations a rising u nder or from this Second A mended Agreement and be made in strict compliance with the following conditions precedent:
(a) No sale, transfer or assignment of any right or interest under this Second Amended Agreement shall be made unless made together with the sale, transfer or assignment of all or a part of the Property.
(b) Concurrent with any such sale, transfer or assignment, or within fifteen (15) business days thereafter, DEVELOPER shall notify CITY, in writing, of such sale, transfer or assignment and shall provide CITY with an executed agreement 9 Colton - Second Amended and Restated Development Agreement(882704.8882704.9)

1.1.e
Packet Pg. 109
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills (“Assignment Agreement”), in a form reasonably acceptable to CITY, by the purchaser, transferee or assignee a nd p roviding t herein t hat the p urchaser, transferee or a ssignee expressly and unconditionally assumes all t he duties and o bligations o f D EVELOPER under this Second Amended Agreement.

Notwithstanding t he f ailure o f a ny p urchaser, t ransferee o r assignee t o execute t he Assignment A greement r equired b y P aragraph ( b) o f t his S ubsection 2.4.1, t he burdens of this Second Amended Agreement shall be binding upon such purchaser, transferee or assignee, but the benefits of this Second Amended Agreement shall not inure to such purchaser, transferee or assignee until and unless such Second Amended Agreement is executed.

2.4.2. Release o f T ransferring O wner. Notwithstanding any sale, transfer or assignment, a transferring DEVELOPER shall continue t o be obligated under this Second Amended Agreement unless such transferring DEVELOPER is given a release in writing by CITY, which release shall be provided by CITY upon the full satisfaction by such transferring DEVELOPER of the following conditions:
(a) DEVELOPER has provided CITY with the notice and executed an Assignment Agreement required under Paragraph (b) of Subsection 2.4.1, above. (b) The purchaser, transferee or assignee provides CITY with security equivalent to any security previously provided by DEVELOPER to secure performance of its obligations hereunder.

2.4.3. Subsequent A ssignment. Any subsequent sale, transfer or assignment after an initial sale, transfer or assignment shall be made only in accordance with and subject to the terms and conditions of this Section 2.4.

2.4.4. Termination o f S econd A mended A greement W ith R espect t o Individual Lot Upon Sale to Public. The provisions of Subsection 2.4.1 shall not apply to the sale or lease (for a period longer than one year) of any lot which has been finally subdivided and is individually (and not in “bulk”) sold or leased to a member of the public. Notwithstanding any other provisions of this Second A mended A greement, this Second A mended A greement s hall terminate with respect to any lot and such lot shall be released and no longer be subject to this Second Amended Agreement without the execution or recordation of any further document upon satisfaction of both of the following conditions:
(a) The l ot h as b een f inally subdivided a nd individually ( and n ot i n “bulk”) sold or leased (for a period longer than one year) to a member of the public or other ultimate user; and,
(b) A Certificate of Occupancy has been issued for a building on the lot, and the fees set forth under Section 4 of this Second Amended Agreement have been paid.

2.5. Amendment or Cancellation of Second Amended Agreement. This Second Amended Agreement may be amended or canceled in whole or in part only by written consent of all parties in t he m anner p rovided for in G overnment Code S ection 6 5868 and Article 5 of the Development Agreement P olicies. This provision shall n ot limit any r emedy o f C ITY or DEVELOPER as provided by this Second Amended Agreement. 10 Colton - Second Amended and Restated Development Agreement(882704.8882704.9)

1.1.e
Packet Pg. 110
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills

2.6. Termination. This Second Amended Agreement shall be deemed terminated and of no further effect upon the occurrence of any of the following events:

2.6.1. Expiration of the stated term of this Second Amended Agreement as set forth in Section 2.3.

2.6.2. Entry o f a f inal j udgment setting a side, voiding or annulling the adoption of the ordinance approving this Second Amended Agreement.

2.6.3. The adoption of a referendum measure overriding or repealing the ordinance approving this Second Amended Agreement.

2.6.4. Completion o f t he Project in accordance with t he terms o f this Second Amended Agreement including issuance of all required occupancy permits and acceptance by CITY or applicable public agency of all required dedications.

2.6.5. Termination of t his Second A mended Agreement based o n any default of DEVELOPER and following the termination proceedings required by Articles 7 and 8 of the Development Agreement Policies.

Termination o f this S econd A mended Agreement shall n ot c onstitute termination of any other land use entitlements approved for the Property. Upon the termination of this S econd A mended Agreement, no p arty shall have any further right or obligation hereunder except w ith respect t o any obligation to have been performed prior to such termination or with respect to any default in the performance of the provisions of this Second Amended Agreement which has occurred prior to such termination or with respect to any obligations which are specifically set forth as surviving this Second Amended Agreement. Upon such termination, any public facilities and services mitigation f ees o r other i mpact f ees paid p ursuant t o S ection 4 o f t his S econd Amended Agreement by DEVELOPER to CITY for residential units on which construction has not yet begun shall be refunded to DEVELOPER by CITY.

2.7. Notices.

2.7.1. As used in this Second Amended Agreement, “notice” includes, but is not limited t o, the communication of notice, r equest, demand, approval, statement, report, acceptance, consent,waiver, appointment or other communication required or permitted hereunder.

2.7.2. All notices shall be in writing and shall be considered given either:
(i) when delivered in person to the recipient named below; or (ii) on the date of delivery shown on the return receipt, after deposit in the United States mail in a sealed envelope as either registered or certified mail with return receipt requested, and postage and postal charges prepaid, and addressed to the recipient named below. All notices shall be addressed as follows:

If to CITY: City of Colton
650 North La Cadena Drive
Colton, CA 92324
Attn: Development Services Director
Telephone: (909) 370-5079
e-mail: [email protected]
11 Colton - Second Amended and Restated Development Agreement(882704.8882704.9)

1.1.e
Packet Pg. 111
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills with a copy to: Best, Best & Krieger, LLP
3750 University Ave.

San Bernardino, CA 92501
Attn: Seth Merewitz
Telephone: (213) 787-2567
e-mail: [email protected]
If to DEVELOPER: Iron Horse Hills LLC
701 N. 44th Street
Phoenix, AZ 85008
Attn: Patrick E. Sovereign
Telephone: (480) 429-3021
Facsimile: (480) 429-3100
e-mail: [email protected]
with a copy to: Beus Gilbert McGroder PLLC
701 N. 44th Street
Phoenix, AZ 85008
Attn: Megan Beus
Telephone: (480) 429-3024
Facsimile: (480) 429-3100
e-mail: [email protected]

2.7.3. Either party m ay, by notice given a t any time, require subsequent notices to be given to another person or entity, whether a party or an officer or representative of a party, or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change.

3. DEVELOPMENT OF THE PROPERTY.

3.1. Vested R ight t o D evelop. Subject t o t he t erms o f this Second A mended Agreement including t he R eservations o f A uthority, D EVELOPER shall have a v ested r ight t o develop the Property in accordance with, and to the extent of, the Development Plan. The Project shall remain subject to all Subsequent Development Approvals required to complete the Project as contemplated by t he D evelopment Plan. Except as o therwise p rovided in this S econd A mended Agreement, the permitted uses of the Property, the density and intensity of use, the maximum height and size of proposed buildings, and provisions for reservation and dedication of land for public purposes shall be those set forth in the Development Plan.

3.2. Effect of Second Amended Agreement on Land Use Regulations. Except as otherwise provided under the terms of this Second Amended Agreement including the Reservations of Authority, the rules, regulations and official policies governing permitted uses of the Property, the d ensity and i ntensity of use of the Property, the m aximum height and size of p roposed buildings, and the design, improvement and construction standards and specifications applicable to development of the Property shall be the Existing Land Use Regulations. In connection with any Subsequent Development Approval, CITY shall exercise its discretion in accordance with the Development Plan and as provided by this Second Amended Agreement including, but not limited to, the Subsequent Land Use Regulations set forth as Reservations of Authority set forth in Section

3.6, below, but o therwise the development o f t he P roperty shall n ot b e subject to a ny other 12 Colton - Second Amended and Restated Development Agreement(882704.8882704.9)

1.1.e
Packet Pg. 112
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills Subsequent Land Use Regulations, whether adopted by action of the City Council or by initiative which conflicts with the ability of the DEVELOPER to construct the Project in accordance with the Development P lan. CITY shall accept for p rocessing, review and a ction all a pplications for Subsequent D evelopment A pprovals, and such applications shall b e p rocessed i n t he n ormal manner for processing such matters.

3.3. Timing o f D evelopment. T he p arties a cknowledge t hat D EVELOPER cannot at this time predict when or the rate at which phases of the Property will be developed.

Such decisions depend upon numerous factors which are not within the control of DEVELOPER, such as market orientation and demand, interest rates, absorption, completion and other similar factors.

Since the California Supreme Court held in Pardee Construction Co. v. City of Camarillo (1984) 37 Cal.3d 4 65, that t he f ailure o f t he p arties t herein t o p rovide for the t iming o f d evelopment resulted in a later adopted initiative restricting the timing of development to prevail over such parties’ agreement, it is the parties’ intent to cure that deficiency by acknowledging and providing that DEVELOPER shall have the right to develop the Property in such order and at such rate and at such times as DEVELOPER d eems appropriate within the exercise of its subjective b usiness judgment, subject only to any timing or phasing requirements set forth in the Development Plan or the Phasing Plan set forth in Section 3.4.

3.4. Phasing Plan. Development of the Property shall be subject to all timing and phasing requirements established by the Development Plan.

3.5. Changes and Amendments. The parties acknowledge that refinement and further development o f t he P roject w ill r equire S ubsequent D evelopment A pprovals a nd m ay demonstrate t hat changes are appropriate and mutually desirable in the Existing Development Approvals. In the event DEVELOPER finds that a change in the Existing Development Approvals is necessary or appropriate, DEVELOPER shall apply for a Subsequent Development Approval to effectuate such change and CITY shall process and act on such application in accordance with the Existing Land Use Regulations, except as otherwise provided by this Second Amended Agreement including the R eservations o f A uthority. If approved, any such change i n t he E xisting Development Approvals shall be incorporated herein as an addendum to Exhibits “B” and “C”, and m ay b e further c hanged f rom t ime t o t ime a s provided in t his S ection. U nless o therwise required b y l aw, as determined in CITY's reasonable discretion, a change to the Existing Development Approvals shall be deemed “minor” and not require an amendment to this Second Amended Agreement provided such change does not contemplate any of the following:

3.5.1. Alter the permitted uses of the Property as a whole; or,

3.5.2. Increase the density or intensity of use of the Property as a whole; or,

3.5.3. Increase the maximum height and size of permitted buildings; or,

3.5.4. Delete a requirement for t he r eservation o r d edication o f l and f or public purposes within the Property as a whole; or,

3.5.5. Constitute a project requiring a subsequent or supplemental environmental impact report pursuant to Section 21166 of the Public Resources Code.

3.5.6. Revise internal circulation network, including points of access. 13 Colton - Second Amended and Restated Development Agreement(882704.8882704.9)

1.1.e
Packet Pg. 113
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills

3.6. Reservations of Authority.

3.6.1. Limitations, R eservations a nd E xceptions. Notwithstanding any other provision of this Second A mended Agreement, the following Subsequent Land Use Regulations shall apply to the development of the Property. (a) Processing fees and charges of every kind and nature imposed by CITY to cover the e stimated a ctual c osts to CITY o f p rocessing applications for Development Approvals or for monitoring compliance with any Development Approvals granted or issued.
(b) Procedural r egulations r elating t o h earing b odies, p etitions, applications, notices, f indings, records, hearings, r eports, recommendations, a ppeals and any other matter of procedure.
(c) Regulations governing construction standards and specifications including, without limitation, the CITY's Building Code, Plumbing Code, Mechanical Code, Electrical Code, Fire Code and Grading Code.
(d) Regulations imposing Development Exactions; provided, however, that n o such s ubsequently adopted Development Exaction s hall be a pplicable t o development of the Property unless such Development Exaction is applied uniformly to development, either throughout t he CITY or w ithin a defined area of b enefit w hich includes the Property. No such subsequently adopted Development Exaction shall apply if its application to the Property would physically prevent development of the Property for the uses and to the density or intensity of development set forth in the Development Plan.

In t he e vent a ny such subsequently adopted Development Exaction fulfills t he s ame purposes, in whole or in part, as the fees set forth in Section 4 of this Second Amended Agreement, CITY shall a llow a credit a gainst s uch s ubsequently adopted Development Exaction for the fees paid under Section 4 of this Second Amended Agreement to the extent such fees fulfill the same purposes.
(e) Regulations which may be in conflict with the Development Plan but which are reasonably necessary to protect the public health and safety. To the extent possible, any s uch regulations shall be applied a nd c onstrued s o as to p rovide DEVELOPER with t he r ights a nd assurances provided under this Second A mended Agreement.
(f) Regulations which are not in conflict with the Development Plan.

Any regulation, whether adopted by initiative or otherwise, limiting the rate or timing of development of the Property shall be deemed to conflict with the Development Plan and shall therefore not be applicable to the development of the Property. (g) Regulations which are i n c onflict with t he Development P lan provided DEVELOPER has given written consent to the application of such regulations to development ofthe Property.

1.1.e
Packet Pg. 114
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills shall this Second Amended Agreement prevent CITY from denying or conditionally approving any Subsequent Development Approval o n the b asis o f t he E xisting L and Use Regulations or a ny Subsequent Land Use Regulation not in conflict with the Development Plan.

3.6.3. Modification or Suspension by State or Federal Law. In the event that State or Federal laws or regulations, enacted after the Effective Date of this Second Amended Agreement, prevent o r preclude compliance with one or more o f the provisions of this Second Amended Agreement, such provisions of this Second Amended Agreement shall be modified or suspended as may be necessary to comply with such State or Federal laws or regulations, provided, however, that this Second Amended Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce.

3.6.4. Intent. The parties acknowledge and agree that CITY is restricted in its authority to limit its police power by contract and that the foregoing limitations, reservations and exceptions are intended to reserve to CITY all of its police power which cannot be so limited. This Second Amended Agreement shall be construed, contrary to its stated terms if necessary, to reserve to CITY all such power and authority which cannot be restricted by contract.

3.7. Public W orks. If DEVELOPER is required b y this Second A mended Agreement to construct any public works facilities which will be dedicated to CITY or any other public agency upon completion, and is required by applicable laws to do so, DEVELOPER shall perform such work in t he same manner and s ubject to t he same requirements a s w ould b e applicable to CITY orsuch other public agency should it have undertaken such construction.

3.8. Project as a Private Undertaking. It is specifically understood and agreed by and between the Parties hereto that with the exception of the public works and improvements that may be constructed or installed under contract and “paid for in whole or in part from public funds” as defined in Labor Code section 1720(b), the development of the Project is a private and not a public sector development, that n either party is acting as the agent of the other in any respect hereunder, a nd t hat each party i s a n i ndependent c ontracting e ntity with respect t o t he t erms, covenants a nd c onditions c ontained i n t his S econd A mended A greement. No partnership, joint venture or other association of any kind is formed by this Second Amended Agreement. The only relationship between CITY and DEVELOPER is t hat of a government entity regulating the development of private property by the owner of such property. Other than public improvements to be c onstructed pursuant t o or f inanced by a Mello-Roos C ommunity F acilities D istrict a s further provided herein, C ITY a nd D EVELOPER d o n ot intend for the terms of this Second Amended Agreement t o i n any manner m ake c onstruction o f i mprovements c onnected w ith t he private residential in-tract improvement and construction components of the Project within the Property to be subject to the provisions of the Prevailing Wage Statutes (Labor Code section 1720 et seq.). If DEVELOPER believes in good faith that the California Prevailing Wage Statutes do not apply to particular development activities occurring on or with respect to the Property, as applicable, CITY agrees to provide reasonable cooperation and assistance to DEVELOPER in that regard, provided that such a ssistance s hall be at no c ost t o C ITY a nd t he u ltimate r esponsibility and risk for complying with applicable Governmental Requirements with r espect to the Prevailing W age Statutes shall remain with DEVELOPER, not CITY.

3.9. Provision o f R eal P roperty I nterests b y C ITY. In a ny i nstance where DEVELOPER is required to construct any public improvement on land not owned by DEVELOPER, DEVELOPER shall at its sole cost and expense provide or cause to be provided,the 15 Colton - Second Amended and Restated Development Agreement(882704.8882704.9)

1.1.e
Packet Pg. 115
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills real property interests necessary for the construction of such public improvements. In the event DEVELOPER is unable, after exercising reasonable efforts, including, but not limited to, the rights under Sections 1001 and 1002 of the Civil Code, to acquire the real property interests necessary for the c onstruction o f such public improvements, and if s o i nstructed by D EVELOPER a nd upon DEVELOPER's provision of adequate security for costs CITY may reasonably incur, CITY shall negotiate the purchase of the necessary real property interests to allow DEVELOPER to construct the p ublic i mprovements a s r equired by t his S econd A mended Agreement and, if n ecessary, in accordance with the procedures established by law, including but not limited to Government Code section 66462.5, use its power of eminent domain to acquire such required real property interests.

DEVELOPER shall pay all costs associated with such acquisition or condemnation proceedings.

This Section 3.8 is not intended by the parties to impose upon the DEVELOPER an enforceable duty to acquire land or construct any public improvements on land not owned by DEVELOPER, except to the extent that the DEVELOPER elects to proceed with the development of the Project, and then only in accordance with valid conditions imposed by the CITY upon the development of the Project under the Subdivision Map Act or other legal authority.

3.10. Regulation by Other Public Agencies. It is acknowledged by the parties that other public agencies not within the control of CITY possess authority to regulate aspects of the development o f t he P roperty s eparately from or j ointly with CITY a nd t his S econd A mended Agreement does not limit the authority of such other public agencies.

3.11. Tentative T ract M ap E xtension. The l ife o f a ny tentative tract map shall automatically be extended for the term of this Second Amended Agreement pursuant to Government Code section 66452.6(a).

3.12. Utilities. The Project shall be connected to all utilities necessary to provide adequate water, sewer, gas, electric, and other utility service to the Project. DEVELOPER shall contract with the CITY for CITY-owned or operated utilities serving the Project for such prices and on such terms as may be mutually agreed to between the parties.

4. PUBLIC BENEFITS.

4.1. Intent. The parties acknowledge a nd a gree that d evelopment of the Property will result in substantial public needs which may not be fully met by the Development Plan and further acknowledge a nd a gree that this Second A mended Agreement confers substantial private benefits on DEVELOPER which should be balanced by commensurate public benefits. Accordingly, the parties intend to p rovide consideration t o t he public t o balance t he private benefits conferred o n DEVELOPER b y p roviding m ore fully f or the satisfaction of the public needs resulting from the Project as well as also providing additional public benefits not necessitated by the Project.

4.2. Determination a nd D esign o f O ffsite S treet I mprovements.

DEVELOPER, pursuant to a condition of approval for Modified Tract 16798, is required to construct certain offsite street improvements (“Offsite Street Improvements”). Although the exact nature and extent of such Offsite Street Improvements has not been finally determined by CITY, such Offsite Street Improvements potentially include, but are not limited to the widening and realignment o f Barton Road a long the Property frontage w esterly to W ashington S treet allowing f or two lanes in e ach direction, or a lternatively, the possible r evision of traffic circulation between Center Drive and Barton R oad t o a llow f or one-way roads and a t raffic signal at Center Drive, Barton Road and Walin Street. DEVELOPER shall design, construct and 16 Colton - Second Amended and Restated Development Agreement(882704.8882704.9)

1.1.e
Packet Pg. 116
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills 17 Colton - Second Amended and Restated Development Agreement(882704.8882704.9)

4.3. Well S ite. F ollowing r ecordation o f t he f inal m ap, D EVELOPER s hall convey to CITY approximately 0.5 acres of the Property designated as Lot L of Modified Tract 16978 as described and shown on Exhibit “D” for the purpose of a new Well Site, the new Well will b e d rilled a nd c onstructed b y D EVELOPER w ith t he c osts t o b e s hared b y t he C ITY a nd DEVELOPER proportionally, based on the ratio of the Project’s water requirements divided by the total capacity of the Well1, as determined by the findings and conclusions of a well site assessment (the “WSA”), and thereafter dedicated to the CITY as a CITY-owned well (the “Well”) to serve the entire r egional R eche C anyon S pecific P lan a rea a s w ell a s t he P roperty ( “Well S ite”). T he conveyance of the Well Site by DEVELOPER to CITY shall be in accordance with the Subdivision Map Act and may be accomplished by a Lot Line Adjustment. Such conveyance of the Well Site shall also provide for grants of easements over portions of the Property to be mutually determined by CITY and DEVELOPER for access, ingress, egress, construction, pipeline and utility purposes associated w ith t he c onstruction, operation and maintenance of the W ell. Following t he conveyance of the Well Site to CITY, DEVELOPER shall design and construct the Well on the Well Site, in accordance with plans prepared or caused to be prepared by CITY and reviewed and approved by CITY. CITY and DEVELOPER shall share the cost and expense, as provided above, for designing, constructing and installing such interim improvements including, but not limited to roadway, pipeline and utilities necessary t o construct, o perate a nd maintain the W ell ( “Interim Improvements”). Following the r ecordation of a Final M ap f or that portion of Modified Tract 16798 covering the Interim Improvements, DEVELOPER shall be required to construct and install permanent improvements t o replace the Interim Improvements pursuant t o t he provisions of conditions of approval to the Existing Development Approvals.

4.4. Neighborhood P arks. DEVELOPER s hall dedicate t o t he CITY t hree neighborhood parks consisting of a total of approximately 7.1 acres as shown on the Modified Tract 16798 ( “Neighborhood P arks”) l ocated w ithin L ot B a nd L ot H t ogether w ith improvements a s generally shown on Exhibit “F” (“Park Improvements”). The Park Improvements shall be constructed and installed by DEVELOPER in accordance with plans prepared by or caused to be prepared by DEVELOPER and submitted to CITY for its review and approval. CITY acknowledges the value of the l and f or t he Neighborhood Parks sites is N ine H undred E ighty-Five Thousand Dollars ($985,000.00) a nd t hat t he c osts f or construction a nd i nstallation of the P ark I mprovements i s currently estimated to be Nine Hundred Twenty-Four Thousand Dollars ($924,000.00). Thus, the value of the land and Park Improvements exceeds the Project’s park land dedication and in-lieu fee install t he O ffsite S treet I mprovements i n accordance w ith i mprovement plans p repared or caused to be prepared by DEVELOPER and submitted to the CITY for its review and approval.

The C ITY acknowledges that the Offsite StreetImprovements are not solely required for the development of the Property, but rather will provide benefits to other lands and the residents of the CITY. CITY shall satisfy the CITY's Reimbursement O bligation r elated t o t he O ffsite S treet Improvements i n a ccordance w ith t he provisions of Section 4.7 of this S econd A mended Agreement. N otwithstanding t he f oregoing, C ITY a cknowledges a nd a grees t hat “ Street A ” i s intended to be fully improved street and will be constructed to the location shown on Modified Tract 16798, and that an Emergency Vehicle Access road will be constructed from the termination point of “Street A” to Westwood Road (the “EVA Road”). DEVELOPER will only be responsible for constructing the EVA Road to CITY’s standards for an unimproved, graded road. 1 For illustrative purposes, if the WSA determines that the Project’s water requirements equals one-tenth of the total Well capacity, then the cost of the WSA would be allocated between the City and Developer on a 90-10 basis; with the City paying 90% of the cost and Developer paying 10% of the cost.

1.1.e
Packet Pg. 117
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills requirement of the CITY’s Quimby Act Ordinance adopted pursuant to Government Code section 66477 ( Municipal Code section 1 6.58.010 et s eq.), which f or t he 1 84 d welling u nits to be constructed on t he P roject i s c urrently i n t he amount of O ne-Million T hirty-One T housand Three-Hundred T wenty D ollars ( $1,031,320). Therefore DEVELOPER’S construction and installation of the Park Improvements and dedication to the CITY of the Neighborhood Parks shall be d eemed t o b e in full a nd complete s atisfaction of t he CITY’s Quimby A ct o rdinance, a nd DEVELOPER shall not be required to pay any CITY Quimby Act fees. The Park Improvement shall be completed by no later than the issuance of the sixtieth (60th) certificate of occupancy for a residential dwelling unit constructed on the Property.

4.5. Development Impact Fees.

4.5.1. Limitation on Types and Increases of Development Impact Fees.

As they apply t o t he Project, t he P roperty o r t he D EVELOPER, e xcept f or t he D AG Fee described in Section 4.6, below, all other Development Impact Fees imposed by the CITY in connection w ith the D evelopment of the P roject, w hether i mposed i n c onnection w ith m ap approvals, building permit i ssuance, c ertificate o f o ccupancy i ssuance o r a ny o ther discretionary or ministerial CITY approval as set forth in Exhibit “G” (“Existing Development Impact F ees”), shall be p ayable b y D EVELOPER t o CITY during the Term of this Second Amended Agreement. The Existing Development Impact Fees shall be fixed for a period of five (5) years following the Effective Date of this Second Amended Agreement at the rate in effect as of the Effective Date of this Second Amended Agreement ; provided, however, that notwithstanding the foregoing clause of t his s entence, the r ate of the City's “ Circulation Fee-Arterial, Interchange and Railroad Crossing Improvements (“SBCTA I nfrastructure Fee”)” shall not be fixed for a period of five (5) years following the Effective Date o f t his Second A mended A greement, b ut shall be subject t o annual adjustment. Additionally, any new Development Impact Fees enacted by the CITY which take effect after the Effective Date of this Second Amended Agreement shall be applied to the Development of the Project or, the Property or the DEVELOPER. Moreover, nothing in this Section shall limit the City Council’s power t o i ncrease fees which r eimburse the CITY f or the reasonable c ost of processing Development applications or r eimbursing t he C ITY for its reasonable c osts of b uilding inspection or plan checking (collectively, “ Processing Fees”). A ny s uch i ncrease i n a ny Processing Fees applicable to the Project, the P roperty or the DEVELOPER which is n ot prohibited b y t his S econd A mended Agreement s hall only be applicable to the P roject, the Property or the DEVELOPER to the extent that any such Processing Fee increase is applied by the CITY consistently a nd proportionately to a ll properties within the City in accordance with applicable law.

4.5.2. Credits. As provided in Sections 4.2 and 4.4 of this S econd Amended Agreement, DEVELOPER shall be entitled to credits against the Development Impact Fees otherwise requiredfor the dedication of land or the construction of improvements.

1.1.e
Packet Pg. 118
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills not be paid from CFD Bond proceeds. If the CFD Bonds have not been issued at the time of the issuance of a building permit for the first (1st) residential dwelling unit constructed on the Project, then the DAG Fee component shall be based upon the then estimated amount of net CFD Bond proceeds i n excess o f S eventy-Eight Thousand T hree H undred S even a nd 0 4/100 Dollars ($78,307.04) per residential dwelling unit (“Estimated DAG Fee”). If at the time that the definitive amount of net CFD Bond proceeds is established, the actual DAG Fee is greater than the Estimated DAG Fee, DEVELOPER, within sixty (60) days thereafter, shall remit to CITY the total difference between the actual DAG Fee and the Estimated DAG Fee multiplied by the number of residential dwelling units for which the Estimated DAG Fee has been paid. If, on the other hand, the amount of the actual DAG Fee is less than the Estimated DAG Fee, DEVELOPER shall receive a first priority credit (“DAG Fee Credit”) against the payment of future DAG Fees in the total amount o f t he d ifference b etween t he estimated DAG F ee a nd t he actual DAG Fee, and DEVELOPER shall not be responsible for paying the DAG Fee for future residential dwelling units until the amount of the total DAG Fee Credit has been exhausted.

4.7. Reimbursement. DEVELOPER s hall i nitiate a r equest f or reimbursement of c osts pursuant to Section 4.2 of this S econd A mended Agreement by delivering to the CITY a payment request (“Payment R equest”) along with invoices for the actual costs incurred i n c onstructing and installing the public improvements for which reimbursement is being requested. Upon receipt of a Payment Request, the City Engineer shall conduct a r eview i n o rder t o c onfirm t hat s uch p ayment request i s c omplete, t hat t he public improvements identified therein were constructed substantially in accordance with the improvement p lans therefor, a nd t o v erify a nd approve the a ctual c osts o f the p ublic improvements specified in s uch p ayment r equests a s e videnced b y t he i nvoices submitted (“Actual Costs”). S uch r eview shall be c onducted i n a n expeditious manner a nd t he DEVELOPER agrees to reasonably cooperate with the CITY in conducting each such review and to provide such additional information and documentation as is reasonably necessary to conclude each such review. Within ten (10) business days following receipt of any Payment Request, the City Engineer shall notify the DEVELOPER whether such Payment Request is complete, and, if not, what additional documentation must be provided. If such Payment Request is complete, the City Engineer will provide a written approval or denial of the Payment Request within thirty (30) days after submittal. If the Payment Request is disapproved, City Engineer shall provide written notice of disapproval to the DEVELOPER within such thirty (30) day period stating in reasonable detail the reasons for such disapproval and the changes to the Payment Request necessary to obtain approval. If the City Engineer disputes the Actual Costs of any public improvement covered by the Payment Request, the City Engineer shall approve for payment an a mount e qual to the A ctual C osts t hereof t hat the City E ngineer d etermines i s appropriate (which s hall not b e less than the amount of contracts and change orders previously reviewed by the City Engineer) and shall deliver notice of disapproval of the remaining amount. If the City Engineer disapproves any revised P ayment R equest, t he C ity Engineer will p rovide a written notice of approval or denial to the DEVELOPER within ten (10) business days after the receipt of the revised Payment Request, which notice shall describe in reasonable detail the reason for the denial if applicable.

The City Engineer shall only be entitled to withhold approval for payment of a public improvement s ubject to a P ayment R equest if (a) t he DEVELOPER has n ot provided conditional lien releases for l abor a nd m aterials p rovided i n c onnection w ith s uch p ublic improvement (provided that this basis for disapproval shall not apply if the DEVELOPER has provided payment b onds t o the CITY or has provided bonds p rotecting the C ITY from mechanics’ liens by parties that have not provided lien releases in the form satisfactory to the 19 Colton - Second Amended and Restated Development Agreement(882704.8882704.9)

1.1.e
Packet Pg. 119
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills CITY), (b) the public improvements have not been constructed substantially in accordance with the improvement plans, or (c) t he C ity E ngineer disputes the A ctual C osts o f a ny p ublic improvement stated in the Payment Request.

5. FINANCING OF PUBLIC IMPROVEMENTS AND FACILITIES.

5.1. CITY, in cooperation with and at the sole request of DEVELOPER, shall use its best efforts (which may include, but not be limited to, the CITY partnering with the California Municipal Finance Authority, or similar third party agency/authority that assists public agencies) to initiate the establishment of a Mello-Roos Community Facilities District (“CFD”) and authorize the issuance of bonds (“CFD Bonds”) to finance public improvements and facilities to be constructed and installed in conjunction with the development of the Project on and with respect to the Property, in accordance with the provisions of the Mello-Roos Community Facilities Act of 1982 (Government Code §53311 et seq.), as amended (“Mello Roos Act”). A list of “Eligible Items” which can be reimbursed from CFD Bond proceeds is attached as Exhibit “ I”. It is understood that multiple CFD improvement areas may be established over portions of the Property in order to facilitate the funding of public improvements and facilities to correspond with the phased development of the Project. The p arameters o f t he CFD(s) shall be as f ollows o r as otherwise required to meet minimum requirements of California law, as the same may be amended from time to time: (i) a minimum loan-to-value ratio of 1 to 3; (ii) a total effective property tax/assessment payment rate not t o exceed one and eighty f ive h undredths p ercent (1.85%) p er y ear p er p arcel; ( iii) a d ebt service coverage ratio not to exceed 1 to 1 (unless adequate credit enhancement is provided to the reasonable satisfaction of CITY); and (iv) an annual escalator on the CFD tax and debt service of no more than two percent (2%) per year.

DEVELOPER s hall a lso exercise best efforts to initiate the establishment of o ther a ssessment districts, maintenance districts, or other financing districts authorized by State law in order to assist in the payment of public improvement costs for the Project, subject to the same limitations set forth hereinabove. Nothing in this Section 5 is intended to restrict the authority of public agencies and public utility companies other than the CITY with regard to public improvements and facilities over which such other agencies and companies have jurisdiction.

6. REVIEW FOR COMPLIANCE.

6.1. Periodic R eview. The Development S ervices D irector shall review this Second Amended Agreement annually, on or before the anniversary of the Effective Date, in order to ascertain the good faith compliance by DEVELOPER with the terms of this Second Amended Agreement. DEVELOPER shall submit an Annual Monitoring Report, in a form acceptable to the Development Services Director, within 30 days after written notice from the Development Services Director. The A nnual Monitoring Report s hall be accompanied b y a n annual review a nd administration f ee s ufficient t o defray t he e stimated c osts of r eview a nd a dministration o f this Second Amended Agreement during the succeeding year. The amount of the annual review and administration fee shall be set by resolution of the City Council.

6.2. Special Review. The City Council may order a special review of compliance with this S econd A mended Agreement at any t ime. T he Development S ervices D irector shall conduct such special reviews.
20 Colton - Second Amended and Restated Development Agreement(882704.8882704.9)

1.1.e
Packet Pg. 120
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills

6.3. Procedure.

6.3.1. During either a periodic review or a special review, DEVELOPER shall be required to demonstrate good faith compliance with the terms of this Second Amended Agreement. The burden of proof on this issue shall be on DEVELOPER.

6.3.2. Upon completion of a periodic review or a special review, the Development Services Director shall submit a report to the City Council setting forth the evidence concerning good f aith compliance b y DEVELOPER w ith t he terms of this Second A mended Agreement and his or her recommended finding on that issue.

6.3.3. If the City Council finds on the basis of substantial evidence that DEVELOPER has complied in good faith with the terms and conditions of this Second Amended Agreement, the review shall be concluded.

6.3.4. If the City Council makes a preliminary finding that DEVELOPER has not complied in good faith with the terms and conditions of this Second Amended Agreement, the Council may modify or terminate this Second Amended Agreement as provided in Section 6.4 and S ection 6 .5. Notice o f d efault a s p rovided under S ection 7 .4 o f t his S econd A mended Agreement shall be given to DEVELOPER prior to or concurrent with, proceedings under Section

6.4 and Section 6.5.

6.4. Proceedings U pon M odification o r Termination. If, upon a finding under Section 6.3, CITY determines to proceed with modification or termination of this Second Amended Agreement, CITY shall give written notice to DEVELOPER of its intention so to do. The notice shall be given at least ten calendar days prior to the scheduled hearing and shall contain:

6.4.1. The time and place of the hearing;

6.4.2. A statement as to whether or not CITY proposes to terminate or to modify the Second Amended Agreement; and,

6.4.3. Such o ther i nformation as is r easonably necessary t o i nform DEVELOPERof the nature of the proceeding.

6.5. Hearing on Modification or Termination. At the time and place set for the hearing on modification or termination, DEVELOPER shall be given an opportunity to be heard.

DEVELOPER shall be r equired t o d emonstrate g ood f aith c ompliance with t he terms and conditions o f t his Second Amended Agreement. The burden of proof on this issue shall be on DEVELOPER. If the City Council finds, based upon substantial evidence, that DEVELOPER has not complied in good faith with the terms or conditions of this Second Amended Agreement, the City Council may terminate this Second Amended Agreement or modify this Second Amended Agreement and impose such conditions as are reasonably necessary to protect the interests of the CITY. The d ecision o f t he C ity Council s hall be final, subject o nly to judicial r eview pursuant to Section 1094.5 of the Code of Civil Procedure.

1.1.e
Packet Pg. 121
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills or Special Review and based upon the information known or made known to the Community Development Director and City Council that (1) this Second Amended Agreement remains in effect and (2) DEVELOPER is not in default. The Certificate shall be in recordable form, shall contain i nformation n ecessary t o communicate c onstructive r ecord n otice o f t he f inding o f compliance, shall state whether the Certificate is issued after a Periodic or Special Review and shall state the anticipated date of commencement of the next Periodic Review. DEVELOPER may record the Certificate with the County Recorder.

Whether or not the Certificate is relied upon by assignees or other transferees or DEVELOPER, CITY shall not be bound by a Certificate if a default existed at the time of the Periodic o r S pecial R eview, b ut was concealed f rom o r otherwise not k nown to the CommunityDevelopment Director or City Council.

7. DEFAULT AND REMEDIES.

7.1. Remedies i n G eneral. It is acknowledged by the p arties that CITY would not have entered into this Second Amended Agreement if it were to be liable in damages under this Second Amended Agreement, or with respect to this Second Amended Agreement or the application thereof. In general, each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this Second Amended Agreement, except that CITY shall not be liable in damages to DEVELOPER, or to any successor in interest of DEVELOPER, or to any other person, and DEVELOPER covenants not to sue for damages or claim any damages:

7.1.1. For any breach of this Second Amended Agreement or for any cause of action which arises out of this Second Amended Agreement; or

7.1.2. For the taking, impairment o r r estriction o f a ny r ight o r interest conveyed or provided under or pursuant to this Second Amended Agreement; or

7.1.3. Arising out of or connected with any dispute, controversy or issue regarding t he a pplication o r i nterpretation o r e ffect o f the provisions o f t his S econd A mended Agreement.

Notwithstanding the foregoing, nothing in this Second Amended Agreement shall be deemed to preclude DEVELOPER from instituting a legal action to enforce any right or pursue any remedy, including damages, based upon any alleged wrongful action of CITY concerning the Development o f t he P roperty a rising i ndependently f rom t he t erms o f t his S econd A mended Agreement.

7.2. Specific Performance. The parties acknowledge that money damages and remedies at law generally are inadequate and specific performance and other non-monetary relief are particularly appropriate remedies for the enforcement of this Second Amended Agreement and should be available to all parties for the following reasons:

7.2.1. Money damages are unavailable against CITY as provided in Section

7.1 above.

1.1.e
Packet Pg. 122
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills foreclosed from other choices it may have had to utilize the P roperty o r p ortions t hereof.

DEVELOPER has invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this Second Amended Agreement and will be investing even more significant time and resources in implementing the Project in reliance upon the terms o f t his S econd A mended Agreement, and it is n ot p ossible t o d etermine t he sum of money which would adequately compensate DEVELOPER for such efforts.

7.3. Release. Except for non-damage remedies, including the remedy of specific performance and judicial review, as DEVELOPER , for itself, its successors and assignees, hereby releases the CITY, its officers, agents and employees from any and all claims, demands, actions, or suits of a ny k ind o r n ature a rising o ut o f a ny l iability, known or unknown, p resent or future, including, but not limited to, any claim or liability, based or asserted, pursuant to Article I, Section 19 of the California Constitution, the Fifth Amendment of the United States Constitution, or any other law or ordinance which seeks to impose any other liability or damage, whatsoever, upon the CITY because it e ntered into t his S econd A mended A greement or because o f the t erms o f this Second Amended Agreement.

7.4. Termination or Modification of Second Amended Agreement for Default of DEVELOPER. Subject to the provisions contained in Subsection 6.5 herein, CITY may terminate or m odify t his S econd A mended Agreement f or a ny f ailure of DEVELOPER t o perform a ny material d uty or obligation of DEVELOPER under this Second A mended Agreement, or to comply in good faith with the terms of this Second Amended Agreement (hereinafter referred to as “default”); provided, however, CITY may terminate or modify this Second Amended Agreement pursuant to this Section 7.4 only after providing written notice to DEVELOPER of default setting forth t he n ature of the d efault and the a ctions, if any, required by DEVELOPER to cure such default and, where the default can be cured, DEVELOPER has failed to take such actions and cure such default within 60 days after the effective date of such notice or, in the event that such default cannot be cured within such 60 day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such 60 day period and to diligently proceed to complete such actions and cure such default.

7.5. Termination o f S econd A mended A greement f or Default o f CITY.

DEVELOPER may terminate this Second Amended Agreement only in the event of a default by CITY in the performance of a material term of this Second Amended Agreement and only after providing written notice to CITY of default setting forth the nature of the default and the actions, if any, required by CITY to cure such default and, where the default can be cured, CITY has failed to take such actions and cure such default within 60 days after the effective date of such notice or, in the event that such default cannot be cured within such 60 day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such 60 day period and to diligently proceed to complete such actions and cure such default.

8. THIRD PARTY LITIGATION.

8.1. Third Party L itigation Concerning Second A mended A greement.

DEVELOPER shall defend, at its expense, including attorneys' fees, indemnify, and hold harmless CITY, its agents, officers and employees from any claim, action or proceeding against CITY, its agents, o fficers, o r employees t o a ttack, s et a side, void, o r a nnul t he a pproval o f t his Second Amended A greement o r t he approval of any permit granted pursuant to this Second Amended Agreement. CITY shall promptly notify DEVELOPER of any such claim, action or proceeding, and CITY shall cooperate in the defense. If CITY fails to promptly notify DEVELOPER of any such claim, action or proceeding, or if CITY fails to cooperate in the defense, DEVELOPER 23 Colton - Second Amended and Restated Development Agreement(882704.8882704.9)

1.1.e
Packet Pg. 123
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills shall not thereafter be responsible to defend, indemnify, or hold harmless CITY. CITY may in its discretion participate in the defense of any such claim, action or proceeding.

8.2. Indemnity. In addition to the provisions of 8.1 above, DEVELOPER shall indemnify and hold CITY, its officers, agents, employees and independent contractors free and harmless from any liability whatsoever, based or asserted upon any act or omission of DEVELOPER, its officers, agents, employees, subcontractors and independent contractors, for property damage, bodily injury, or death (DEVELOPER’s employees included) or any other element of damage of any kind or nature, relating to or in any way connected with or arising from the activities contemplated hereunder, including, but not limited to, the study, design, engineering, construction, completion, failure and conveyance of the public improvements, save and except claims for damages arising through the sole active negligence or sole willful misconduct of CITY. DEVELOPER shall defend, at its expense, including attorneys' fees, CITY, its officers, agents, employees and independent contractors in any legal action based upon such alleged acts or omissions. CITY may in its discretion participate in the defense of any such legal action.

8.3. Environmental A ssurances. DEVELOPER s hall i ndemnify a nd h old CITY, i ts officers, a gents, and employees free a nd h armless f rom a ny l iability, b ased o r asserted, u pon a ny act or o mission o f D EVELOPER, i ts o fficers, agents, employees, subcontractors, predecessors in interest, successors, assigns and independent contractors for any violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene o r to environmental conditions on, under o r about the P roperty, including, b ut not limited to, soil and groundwater conditions, and DEVELOPER shall defend, at its expense, including attorneys' fees, CITY, its officers, agents and employees i n a ny a ction b ased o r asserted u pon a ny s uch a lleged a ct o r o mission. CITY m ay i n its discretion participate in the defense of any such action.

8.4. Reservation of Rights. With respect to Sections 8.1, 8.2 and 8.3 herein, CITY reserves the right to either (1) approve the attorney(s) which DEVELOPER selects, hires or otherwise engages to defend CITY hereunder, which approval shall not be unreasonably withheld, or (2) c onduct its o wn d efense, p rovided, h owever, t hat D EVELOPER shall r eimburse C ITY forthwith for any and all reasonable expenses incurred for such defense, including attorneys' fees, upon billing and accounting therefor.

8.5. Survival. The provisions of these Sections 8.1 through 8.5, inclusive, shall survive the termination of this Second Amended Agreement.

9. MORTGAGEE PROTECTION.

9.1. The p arties h ereto a gree t hat t his S econd A mended A greement s hall n ot prevent o r l imit DEVELOPER, i n a ny m anner, a t D EVELOPER's s ole d iscretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed o f t rust o r o ther security device securing financing w ith r espect t o t he P roperty. CITY acknowledges that the lenders providing such financing m ay r equire certain Second A mended Agreement interpretations and modifications and agrees upon request, from time to time, to meet with DEVELOPER and representatives of such lenders to negotiate in good faith any such request for interpretation or modification. CITY will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Second Amended Agreement. Any Mortgagee of the Property 24 Colton - Second Amended and Restated Development Agreement(882704.8882704.9)

1.1.e
Packet Pg. 124
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills shall be entitled to the following rights and privileges:

9.2 Neither entering into this Second Amended Agreement nor a breach of this Second A mended Agreement shall defeat, render invalid, diminish or impair the lien of any mortgage on the Property made in good faith and for value, unless otherwise required by law.

9.3 The Mortgagee of any mortgage or deed of trust encumbering the Property, or a ny p art t hereof, w hich M ortgagee, h as submitted a request i n w riting t o the CITY in t he manner specified herein for giving notices, shall be entitled to receive written notification from CITY of any default by DEVELOPER in the performance of DEVELOPER's obligations under this Second Amended Agreement.

9.4 If CITY timely receives a request from a Mortgagee requesting a copy of any notice of default given to DEVELOPER under the terms of this Second Amended Agreement, CITY shall provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to DEVELOPER. The Mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed such party under this Second Amended Agreement.

9.5 Any M ortgagee who c omes into p ossession o f t he P roperty, o r a ny p art thereof, p ursuant t o f oreclosure of the m ortgage o r d eed o f trust, o r deed i n lieu of s uch foreclosure, shall take the Property, or part thereof, subject to the terms of this Second Amended Agreement. Notwithstanding any other provision o f t his S econd A mended Agreement to t he contrary, no Mortgagee shall have an obligation or duty under this Second Amended Agreement to perform a ny o f D EVELOPER’s o bligations or other affirmative covenants of DEVELOPER hereunder, o r t o guarantee s uch performance; p rovided, however, t hat t o t he e xtent t hat a ny covenant t o b e p erformed b y DEVELOPER i s a c ondition p recedent t o t he p erformance o f a covenant by CITY, the performance thereof shall continue to be a condition precedent to CITY’s performance hereunder, and further provided that any sale, transfer o r assignment by any Mortgagee in possession shall be subject to the provisions of Section 2.4 of this Second Amended Agreement.

10. MISCELLANEOUS PROVISIONS.

10.1. Recordation of Second A mended A greement. This S econd A mended Agreement and any amendment or cancellation thereof shall be recorded with the County Recorder by the City Clerk within the period required by Section 65868.5 of the Government Code.

10.2. Entire Agreement. T his S econd A mended A greement sets forth a nd contains the entire understanding and agreement of the parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings o r c ovenants s hall b e a dmissible i n any proceeding o f a ny k ind or nature to interpret or determine the terms or conditions of this Second Amended Agreement.

1.1.e
Packet Pg. 125
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills forth in Section 4 of this Second Amended Agreement, including the payment of the fees set forth therein, are e ssential elements of t his S econd A mended Agreement a nd CITY w ould n ot h ave entered into this Second Amended Agreement but for such provisions, and therefore in the event such provisions are determined to be invalid, void or unenforceable, this entire Second Amended Agreement shall be null and void and of no force and effect whatsoever.

10.4. Interpretation and Governing Law. This Second Amended Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. This Second Amended Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Second Amended Agreement, all parties having been represented by counsel in the negotiation and preparation hereof.

10.5. Section H eadings. All section headings a nd subheadings are i nserted f or convenience only and shall not affect any construction or interpretation of this Second Amended Agreement.

10.6. Singular and Plural. As used herein, the singular of any word includes the plural.

10.7. Joint and Several Obligations. If at any time during the term of this Second Amended Agreement the Property is owned, in whole or in part, by more than one DEVELOPER, all obligations of such DEVELOPERS under this Second Amended Agreement shall be joint and several, and the default of any such DEVELOPER shall be the default of all such DEVELOPERS.

Notwithstanding the foregoing, no DEVELOPER of a single lot which has beenfinally subdivided and sold to such DEVELOPER as a member of the general public or otherwise as an ultimate user shall h ave a ny o bligation u nder t his S econd A mended A greement e xcept as provided u nder Section 4 hereof.

10.8. Time of Essence. Time is of the essence in the performance of the provisions of this Second Amended Agreement as to which time is an element.

10.9. Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Second Amended Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party's right t o insist and demand strict compliance b y the other p arty w ith t he t erms o f t his Second Amended Agreement thereafter.

10.10. No Third Party Beneficiaries. This Second Amended Agreement is made and entered into for the sole protection and benefit of the parties and their successors and assigns.

No other person shall have any right of action based upon any provision of this Second Amended Agreement.

10.11. Force Majeure. Neither party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Second Amended Agreement is caused by floods, earthquakes, other Acts of God, fires, wars, riots or similar hostilities, strikes and other labor difficulties beyond the party's control, (including the party's employment force), government regulations, court actions (such as restraining orders or injunctions), or other causes beyond t he p arty’s c ontrol. If any such events s hall o ccur, the t erm o f t his S econd A mended Agreement and the time for performance by either party of any of its obligations hereunder may be 26 Colton - Second Amended and Restated Development Agreement(882704.8882704.9)

1.1.e
Packet Pg. 126
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills extended by the written agreement of the parties for the period of time that such events prevented such performance, provided t hat t he t erm o f t his Second A mended Agreement s hall n ot b e additionally extended pursuant to this Section 10.11 under any circumstances for more than five (5) years.

10.12. Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefited thereby of the covenants to be performed hereunder by such benefited party.

10.13. Successors in Interest and Assigns. The burdens of this Second Amended Agreement shall be binding upon, and the benefits of this Second Amended Agreement shall inure to, all successors in interest and assigns to the parties to this Second Amended Agreement. All provisions of this Second Amended Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from doing some act hereunder with regard to development of the Property: (a) is for the benefit of and is a burden upon every p ortion o f t he Property; ( b) r uns w ith t he P roperty a nd e ach p ortion t hereof; a nd, ( c) i s binding upon each party and each successor in interest during ownership of the Property or any portion thereof.

10.14. Counterparts. This Second Amended Agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument.

10.15. Jurisdiction and Venue. Any action at law or in equity arising under this Second Amended Agreement or brought by a party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Second Amended Agreement shall be filed and tried in the Superior Court of the County of San Bernardino, State of California, and the parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court.

10.16. Further Actions and Instruments. Each of the parties shall cooperate with and provide r easonable a ssistance to t he o ther t o t he e xtent c ontemplated hereunder i n the performance of all obligations under this Second Amended Agreement and the satisfaction of the conditions of this Second Amended Agreement. Upon the request of either party at any time, the other party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Second Amended Agreement to carry out the intent and to fulfill the provisions of this Second Amended Agreement or to evidence or consummate the transactions contemplated by this Second Amended Agreement.

10.17. Eminent Domain. No provision of this Second Amended Agreement shall be construed to limit or restrict the exercise by CITY of its power of eminent domain.

10.18. Authority t o Execute. The p erson or persons executing this S econd Amended Agreement on behalf of DEVELOPER warrants and represents that he, she or they have the authority to execute this S econd A mended A greement on behalf of h is, her o r their corporation, partnership o r business entity a nd w arrants and r epresents t hat h e, s he o r t hey has/have the authority to bind DEVELOPER to the performance of its obligations hereunder. [SIGNATURES ON NEXT PAGE]
27 Colton - Second Amended and Restated Development Agreement(882704.8882704.9)

1.1.e
Packet Pg. 127
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills IN W ITNESS W HEREOF, the parties hereto h ave e xecuted this S econd A mended Agreementon the last day and year set forth below.

DEVELOPER:

IRON H ORSE H ILLS L LC, a n A rizona l imited
liability company
By: Paxton, I nc., a n A rizona c orporation, i ts
Manager
By:

Patrick E. Sovereign, Vice President
By:

Annette Beus, Secretary
Dated:

CITY:

CITY O F C OLTON, a C alifornia m unicipal
corporation
By:

Mayor,
Dated:

ATTEST:

By:

City Clerk
APPROVED AS TO LEGAL FORM:

BEST & KRIEGER LLP
By:

City Attorney
28 Colton - Second Amended and Restated Development Agreement(882704.8882704.9)

1.1.e
Packet Pg. 128
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills

EXHIBITS
A. Legal Description and Depiction of Property.

A-1. Substantial Conformance Map.

B. Existing Development Approvals.

C. Existing Land Use Regulations.

D. Well Site.

E. Intentionally Omitted.

F. General Description of Neighborhood Parks Improvements.

G. Existing Development Impact Fees.

H. List of CFD Reimbursement Eligible Items.
29 Colton - Second Amended and Restated Development Agreement(882704.8882704.9)

1.1.e
Packet Pg. 129
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills EXHIBIT “A”

LEGAL DESCRIPTION AND DEPICTION OF PROPERTY
Real property in the City of Colton, County of San Bernardino, State of California, describes as follows:

TENTATIVE TRACT NO. 16798, BEING A SUBDIVISION OF THE FOLLOWING:

PARCEL NO. 1: (0164-471-01)
LOT “ A”, T RACT N O. 9 536, I N T HE C ITY O F C OLTON, C OUNTY O F S AN B ERNARDINO, S TATE O F CALIFORNIA, AS PER PLAT RECORDED IN BOOK 156 OF MAPS, PAGE(S) 17 THROUGH 19, INCLUSIVE, RECORDS OF SAID COUNTY.

PARCEL NO. 2: (0164-231-36 AND 0276-372-09)
THAT PORTION OF T HE SOUTHEAST ¼ OF T HE NORTHEAST ¼ OF SECTION 33, T OWNSHIP 1 SOUTH, RANGE 4 W EST, S AN B ERNARDINO B ASE A ND M ERIDIAN, A ND O F T HE S OUTHWEST ¼ O F T HE NORTHWEST ¼ OF SECTION 3 4, T OWNSHIP 1 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND

MERIDIAN, I N T HE C OUNTY O F S AN B ERNARDINO, S TATE O F C ALIFORNIA, A CCORDING T O T HE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:

LAND CONVEYED TO RICHARD REX GLASGOW AND JOAN LUTIS ARMINGTON GLASGOW, RECORDED MARCH 25, 1960, IN BOOK 5092, PAGE 339, OFFICIAL RECORDS; THENCE CONTINUING ALONG SAID GLASGOW PARCEL SOUTH 40 DEG. 35’ 48” WEST, 135.50 FEET TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 77 DEG. 00’ 00” WEST, 50.20 FEET; THENCE NORTH 82 DEG. 00’ 00” WEST, 38.00 FEET; THENCE NORTH 61 DEG. 00’ 00” WEST, 38.00 FEET; THENCE NORTH 46 DEG. 00’ 00” WEST, 38.00 FEET; THENCE NORTH 31 DEG. 00’ 00” WEST, 87.00 FEET; THENCE NORTH 15 DEG. 00’ 00” WEST, 31.82 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST ¼ OF THE SOUTHEAST ¼ OF SAID SECTION 33; THENCE S OUTH 8 9 D EG. 5 9’ 3 0” W EST A LONG S AID N ORTH L INE, 2 82.83 F EET T O A P OINT O N T HE SOUTHERLY R IGHT O F W AY L INE O F T HE G AGE C ANAL C O., A S S HOWN O N S HEET N O. 2 O F T HE RECORD OF SURVEY BOOK 7, PAGES 88 TO 92; THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT OF W AY L INE N ORTH 8 9 D EG. 5 6’ 4 0” W EST, 8 8.40 F EET ( RECORDED N ORTH 8 9 D EG. 5 5’ 4 0” W EST, RECORD OF SURVEY, BOOK 7, PAGE 89); THENCE SOUTH 69 DEG. 48’ 25” WEST, 68.10 FEET (RECORD SOUTH 6 9 D EG. 1 9’ W EST, R ECORD O F S URVEY B OOK 7 , P AGE 8 9); T HENCE S OUTH 8 9 D EG. 5 7’ 4 0” WEST, 1 6.32 F EET T O T HE I NTERSECTION O F S AID S OUTHERLY R IGHT O F W AY L INE W ITH T HE EASTERLY RIGHT OF WAY OF THE COUNTY ROAD FEDERAL AID PROJECT NO. 714; THENCE ALONG SAID EAST LINE SOUTH 43 DEG. 23’ 45” WEST, 170.25 FEET (RECORDED NORTH 43 DEG. 13’ 10” EAST); THENCE SOUTH 14 DEG. 14’ 45” WEST, 101.66 FEET (RECORDED NORTH 16 DEG. 00’ EAST, BOOK 4225, PAGE 2 71) T O T HE M OST N ORTHERLY P OINT O F T HAT C ERTAIN P ARCEL O F L AND C ONVEYED T O GEORGE E. GRAY AND HELYN E. GARY, MAY 9, 1957, IN BOOK 4225, PAGE 271, OF OFFICIAL RECORDS; THENCE LEAVING SAID EAST LINE OF THE COUNTY ROAD SOUTH 70 DEG. 08’ 06” EAST, 278.01 FEET (RECORDED SOUTH 68 DEG. 10’ EAST, 179.12 FEET); THENCE SOUTH 53 DEG. 34’ 45” EAST, 26.83 FEET (RECORDED SOUTH 51 DEG. 39’ 50” EAST, 26.83 FEET); THENCE SOUTH 42 DEG. 05’ 00” EAST, 63.23 FEET (RECORDED S OUTH 4 0 D EG. 1 1’ 5 0” E AST, 6 3.29 F EET); T HENCE S OUTH 5 7 D EG. 4 8’ 4 0” E AST, 1 14.96 FEET (RECORDED SOUTH 55 DEG. 54’ 18” EAST, 115.10 FEET); T HENCE SOUTH 35 DEG. 26’ 10” WEST,

44.67 FEET (RECORDED SOUTH 37 DEG. 07’ WEST, 44.71 FEET); THENCE SOUTH 23 DEG. 46’ 00” WEST, 30 Colton - Second Amended and Restated Development Agreement(882704.8882704.9)

1.1.e
Packet Pg. 130
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills 105.80 FEET (RECORDED SOUTH 25 DEG. 45’ WEST, 105.61 FEET); THENCE SOUTH 14 DEG. 32’ 20” WEST, 237.95 FEET (RECORDED SOUTH 16 DEG. 32’ WEST, 238.00 FEET); THENCE SOUTH 17 DEG. 03’ 55” WEST, 269.14 F EET T O A N A NGLE P OINT I N T HE N ORTH L INE O F T HAT C ERTAIN P ARCEL O F L AND CONVEYED TO DR. W. B. TOWNSEND AND EVELYN T. TOWNSEND BY DEED RECORDED IN BOOK 1455, PAGE 216, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID NORTH LINE NORTH 82 DEG. 30’ 25” EAST, 185.50 FEET (RECORDED NORTH 82 DEG. 40’ EAST, 186.00 FEET); THENCE SOUTH 15 DEG. 48’ 35” EAST, 280.21 FEET (RECORDED SOUTH 15 DEG. 39’ EAST, 278.10 FEET) TO THE SOUTH LINE OF THE SOUTHEAST ¼ OF THE NORTHEAST ¼ OF SECTION 33; THENCE ALONG SAID SOUTH LINE SOUTH 89 D EG. 4 0’ 1 5” E AST, 5 75.81 F EET T O T HE S OUTHWEST C ORNER O F S AID N ORTHWEST ¼ O F S AID SECTION 34; THENCE NORTH 88 DEG. 14’ 50” EAST, ALONG SOUTH LINE OF SAID NORTHWEST ¼ 200.00 FEET; THENCE NORTH 16 DEG. 00’ 00” EAST, 405.69 FEET; THENCE NORTH 59 DEG. 00’ 00” EAST, 104.70

FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 650.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE FROM A TANGENT BEARING NORTH 31 DEG. 00’ 00” WEST, THROUGH A CENTRAL ANGLE OF 08 DEG. 00’ 00”, A DISTANCE OF 90.76 FEET; THENCE NORTH 23 DEG. 00’ 00” WEST, 105.00 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE EAST AND HAVING A RADIUS OF 20.00 FEET;

THENCE NORTHERLY AND NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 90 DEG. 00’ 00”, A DISTANCE OF 31.42 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE S OUTHEAST A ND H AVING A R ADIUS O F 5 00.00 F EET; T HENCE N ORTHEASTERLY A LONG S AID CURVE, THROUGH A CENTRAL ANGLE OF 08 DEG. 30’ 00”, A DISTANCE OF 74.18 FEET; THENCE NORTH 14 DEG. 30’ 00” WEST, 290.00 FEET; THENCE NORTH 43 DEG. 00’ 00” EAST, 30.00 FEET; THENCE NORTH 74 DEG. 15’ 19” WEST, 640.00 FEET; THENCE NORTH 15 DEG. 44’ 41” EAST 37.30 FEET TO THE POINT OF BEGINNING.

PARCEL NO. 3: (0276-372-03)
THAT PORTION OF LOT 6 OF THE POOLE TRACT AS SHOWN BY MAP ON FILE IN BOOK 11, PAGE 40 OF

MAPS, O FFICIAL R ECORDS O F S AN B ERNARDINO C OUTNY, I N T HE C OUNTY O F S AN B ERNARDINO,

STATE O F C ALIFORNIA, L YING S OUTHEAST O F T HE S OUTHEASTERLY R IGHT O F W AY L INE O F

BARTON R OAD A ND S OUTH O F T HE S OUTH L INE O F H ILLTOP D RIVE, A S C ONVEYED T O S AN BERNARDINO COUNTY AND SHOWN ON RECORD OF SURVEY IN BOOK11, RECORDS OF SURVEY, PAGE 65, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

PARCEL NO. 4: (0276-372-04)
THAT P ORTION O F L OT 4 5, T RACT N O. 2 186, E AST C OLTON H EIGHTS, I N T HE C OUNTY O F S AN BERNARDINO, S TATE O F C ALIFORNIA, A S P ER P LAT R ECORDED I N B OOK 3 1 O F M APS, P AGE(S) 7 8, AND ALSO AS SHOWN ON LICENSED LAND SURVEYORS MAP, RECORDED IN BOOK 11 OF RECORDS OF SURVEYS, P AGE 6 5, I N T HE O FFICE O F T HE C OUNTY R ECORDER S AID C OUNTY D ESCRIBED A S FOLLOWS:

BEGINNING AT A ½ I NCH I RON P IPE I N T HE SOUTH LINE OF SAID LOT, SHOWN ON SAID LICENSED LAND S URVEYORS M AP, A S B EING D ISTANT S OUTH 8 9 D EG. 5 9’ 3 0” W EST, 3 30 F EET F ROM T HE SOUTHEAST CORNER OF SAID LOT; T HENCE NORTH 10 DEG. 38’ 15” WEST, 136.58 FEET TO AN IRON PIPE STAKE AS SHOWN ON SAID LICENSED SURVEYORS MAP; THENCE NORTH 40 DEG. 08’ 15” WEST, 264.41 FEET TO A POINT IN THE NORTHWESTERLY LINE OF SAID LOT 45; THENCE SOUTH 47 DEG. 02’ WEST, 290.37 FEET TO THE NORTHWESTERLY CORNER OF SAID LOT; THENCE SOUTH 0 DEG. 18’ 30” WEST, 136.53 FEET TO A ¾ INCH IRON PIPE MARKING THE SOUTHWESTERLY CORNER OF SAID LOT; THENCE NORTH 89 DEG. 59’ 30” ESAT, 408.88 FEET TO THE POINT OF BEGINNING.

EXCEPTING T HEREFROM ANY P ORTION L YING N ORTH O F T HE S OUTH L INE O F H ILLTOP D RIVE, 4 0 FEET WIDE AS CONVEYED TO THE COUNTY OF SAN BERNARDINO, IN DEED RECORDED MAY 3, 1956, IN BOOK 3929, PAGE 20, OFFICIAL RECORDS.
31 Colton - Second Amended and Restated Development Agreement(882704.8882704.9)

1.1.e
Packet Pg. 131
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills PARCEL NO. 5: (0282-192-15)
THAT P ORTION O F T HE S OUTHWEST ¼ O F S ECTION 3 4, T OWNSHIP 1 S OUTH, R ANGE 4 W EST, S AN

BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT T HE N ORTHEAST C ORNER O F T HE SOUTHWEST ¼ OF SAID SECTION 3 4; T HENCE SOUTH 88 DEG. 05’ 54” WEST ALONG THE NORTHERLY LINE OF SAID SOUTHWEST ¼ 1195.03 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 40 DEG. 24’ 06” EAST, A DISTANCE OF 83.53 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 300.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 19 DEG. 30’ A DISTANCE OF 102.10 FEET; THENCE SOUTH 20 DEG. 54’ 06” EAST, 34.29 FEET TO THE BEGINNING OF A C URVE C ONCAVE N ORTHEASTERLY A ND H AVING A R ADIUS O F 4 50.00 F EET; T HENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16 DEG. 20’ 47” A DISTANCE OF 128.39 FEET; THENCE LEAVING THE ARC OF SAID CURVE SOUTH 52 DEG. 45’ 07” WEST,

62.24 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 150.00 FEET; T HENCE S OUTHERLY A LONG T HE ARC O F S AID C URVE T HROUGH A C ENTRAL ANGLE O F 5 8 DEG. 1 5’ 0 7” A D ISTANCE O F 1 52.50 F EET; T HENCE S OUTH 5 D EG. 3 0’ E AST, 6 2.72 F EET T O T HE BEGINNING O F A C URVE C ONCAVE W ESTERLY A ND H AVING A R ADIUS O F 5 00.00 F EET; T HENCE SOUTHERLY A LONG T HE A RC O F S AID C URVE T HROUGH A C ENTRAL ANGEL O F 1 8 D EG. 5 5’ 2 9” A DISTANCE O F 1 65.15 F EET T O A P OINT O F R EVERSE C URVE H AVING A R ADIUS O F 5 00.00 F EET; THENCE SOUTHERLY ALONG THE ARC OF SAID REVERSE CURVE THROUGH A CENTRAL OF 13 DEG. 25’ 29”, A DISTANCE OF 117.15 FEET; THENCE DUE SOUTH 197.80 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 300.00 FEET; THENCE SOUTH AND EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 64 DEG. 00’, A DISTANCE OF 335.10 FEET; T HENCE S OUTH 6 4 D EG. 0 0’ E AST, 6 0.43 F EET T O T HE B EGINNING O F A C URVE C ONCAVE SOUTHWESTERLY A ND H AVING A R ADIUS O F 1 50.00 F EET; T HENCE S OUTHEASTERLY A LONG T HE ARC O F S AID C URVE T HROUGH A C ENTRAL A NGLE O F 0 D EG. 1 9’ 5 1”, A D ISTANCE O F 1 6.49 F EET; THENCE SOUTH 88 DEG. 40’ 05” WEST, A DISTANCE OF 1099.45 FEET; THENCE NORTH 1 DEG. 19’ 55” WEST, 3 8.44 F EET; T HENCE S OUTH 8 8 D EG. 4 0’ 0 5” W EST, 2 65.72 F EET T O A P OINT O N A C URVE CONCAVE S OUTHWESTERLY AND H AVING A R ADIUS O F 4 70.00 FEET, T HE SEMI-TANGENT OF SAID CURVE BEARS NORTH 14 DEG. 00’ WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 19 DEG. 00’ A DISTANCE OF 155.86 FEET; THENCE NORTH 33 DEG. 00’ WEST, 308.09 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 530.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 32 DEG. 50’ 30” A DISTANCE OF 303.79 FEET TO A POINT OF TANGENCY WITH THE WESTERLY LINE OF SAID S OUTHWEST ¼ O F S ECTION 3 4; T HENCE N ORTH 0 D EG. 0 9’ 3 0” W EST 5 70.05 F EET T HE NORTHWEST CORNER OF SAID SOUTHWEST ¼ OF SECTION 34; THENCE NORTH 88 DEG. 05’ 54” EAST, A DISTANCE OF 1392.73 FEET TO THE TRUE POINT OF BEGINNING.

PARCEL NO. 6: (0282-192-24)
A P ORTION O F T HE S OUTHWEST ¼ O F S ECTION 3 4, T OWNSHIP 1 S OUTH, R ANGE 4 W EST, S AN

BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND, DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHWEST ¼ OF SAID SECTION 34; THENCE 88° 05’ 54” WEST, ALONG THE NORTH LINE OF SAID SOUTHWEST ¼, A DISTANCE OF 425.00 FEET TO THE

TRUE P OINT O F B EGINNING, S AID T RUE P OINT O F B EGINNING A LSO B EING T HE N ORTHWEST CORNER OF THE LAND CONVEYED TO LEROY W. OTTO, ET UX, BY DEED RECORDED JULY 26, 1960, IN BOOK 5194, PAGE 77 OF OFFICIAL RECORDS;
THENCE S OUTH 0 ° 3 6’ 5 5” W EST, A ND P ARALLEL T HE E ASTERLY L INE O F S AID S OUTHWEST ¼ O F SECTION 34, A DISTANCE OF 200.00 FEET TO AN ANGLE POINT IN THE BOUNDARY OF SAID PARCEL 32 Colton - Second Amended and Restated Development Agreement(882704.8882704.9)

1.1.e
Packet Pg. 132
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills CONVEYED TO LEROY W. OTTO, ET UX.;
THENCE S OUTH 6 0° 4 8’ 0 4” E AST, ALONG T HE SOUTHWESTERLY LINE OF SAID OTTO P ROPERTY, A DISTANCE OF 426.58 FEET TO AN ANGLE POINT IN THE WESTERLY LINE OF SAID OTTO PROPERTY:

THENCE SOUTH 0° 36’ 55” WEST, 317.07 FEET ALONG THE WESTERLY LINE OF SAID OTTO PROPERTY, TO A POINT ON A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 280.00 FEET, THE SEMI-TANGENT OF SAID CURVE BEARS NORTH 67° 14’ 24” EAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 20° 21’ 03”, A DISTANCE OF 99.45 FEET, SAID CURVE BEING IN THE SOUTHEASTERLY LINE OF THE PARCEL CONVEYED TO MARY ANNE HARRINGTON, BY DEED RECORDED SEPTEMBER 23, 1960, IN BOOK 5242, PAGE 484 OF OFFICIAL RECORDS, TO THE MOST EASTERLY CORNER OF THE PROPERTY CONVEYED TO J AMES S ULLIVAN, B Y D EED R ECORDED A PRIL 1 9, 2 961, I N B OOK 5 408, P AGE 2 57 O F O FFICIAL RECORDS;
THENCE NORTH 67° 05’ 27” WEST, 554.21 FEET;
THENCE SOUTH 57° 37’ 10” WEST, 140 FEET;
THENCE N ORTH 3 2° 2 2’ 5 0” W EST, 1 43.16 F EET T O T HE B EGINNING O F A C URVE C ONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 500.00 FEET;
THENCE N ORTHWESTERLY ALONG T HE ARC OF SAID CURVE T HROUGH A CENTRAL ANGLE OF 1 0° 15’, AN ARC DISTANCE OF 89.46 FEET;
THENCE N ORTH 4 2° 3 7’ 5 0” W EST, A D ISTANCE O F 1 27.19 F EET T O T HE B EGINNING O F A C URVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 450.00 FEET; THENCE NORTHWESTERLY ALONG T HE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 21° 43’ 44”, A DISTANCE OF 170.66 FEET;
THENCE N ORTH 2 0° 5 4’ 0 6” W EST, 3 4.28 F EET T O T HE B EGINNING O F A C URVE C ONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 300.00 FEET;
THENCE NORTHWESTERLY ALONG T HE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 19° 30’, A DISTANCE OF 102.10 FEET;
THENCE N ORTH 4 0° 2 4’ 0 6” W EST, 8 3.53 F EET T O A P OINT O N T HE N ORTHERLY L INE O F S AID SOUTHWEST ¼ OF SECTION 34;
THENCE NORTH 88° 05’ 54” EAST, ALONG THE NORTHERLY LINE OF SAID SOUTHWEST ¼, A DISTANCE OF 770.03 FEET TO THE TRUE POINT OF BEGINNING.

EXCEPTING T HEREFROM A NY P ORTION T HEREOF W HICH L IES W ITHIN T HAT P ARCEL O F L AND CONVEYED TO WARREN C. ALLINGHAN, ET UX., BY DEED RECORDED SEPTEMBER 23, 1960, IN BOOK 5242, PAGE 492 OF OFFICIAL RECORDS.

ALSO EXCEPTING THEREFROM ANY PORTION THEREOF WHICH LIES WITHIN THAT PARCEL OF LAND CONVEYED T O J ULIA T ATUM, E T AL., RECORDED SEPTEMBER 23, 1960, IN BOOK 5242, PAGE 486 OF OFFICIAL RECORDS.

PARCEL NO. 7: (0282-192-23)
A P ORTION O F T HE S OUTHWEST ¼ O F S ECTION 3 4, T OWNSHIP 1 S OUTH, R ANGE 4 W EST, S AN 33 Colton - Second Amended and Restated Development Agreement(882704.8882704.9)

1.1.e
Packet Pg. 133
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills

BERNARDINO BASE AND MERIDIAN, ACCORDING T O T HE OFFICAL PLAT OF SAID LAND APPROVED BY THE SURVEYOR GENERAL, DATED AUGUST 2, 1890, DESCRIBED AS FOLLOWS:

COMMENCING AT T HE N ORTHEAST C ORNER O F T HE SOUTHWEST ¼ OF SAID SECTION 3 4; T HENCE SOUTH 0° 36’ 55” WEST, ALONG THE EAST LINE OF SAID SOUTHWEST ¼, 723.60 FEET TO A POINT ON A CURVE C ONCAVE T O T HE S OUTHEAST H AVING A R ADIUS O F 2 80.00 F EET, T HE S EMI-TANGENT O F WHICH CURVE BEARS SOUTH 78° 00’ 47” WEST;
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10° 46’ 23”, A D ISTANCE O F 5 2.65 F EET T O T HE S OUTHERLY C ORNER O F T HE M OST E ASTERLY L INE O F A

PARCEL O F L AND C ONVEYED T O M ARY A NNE H ARRINGTON B Y J AMES S ULLIVAN, B Y D EED RECORDED IN BOOK 5242, PAGE 484 OF OFFICIAL RECORDS;

THENCE C ONTINUING S OUTHWESTERLY A LONG T HE A RC O F S AID C URVE T HROUGH A C ENTRAL ANGLE OF 20° 21’ 03”, A DISTANCE OF 99.45 FEET, SAID CURVE BEING THE SOUTHEASTERLY LINE OF SAID PARCEL CONVEYED TO MARY ANN HARRINGTON, TO THE TRUE POINT OF BEGINNING; THENCE LEAVING THE ARC OF SAID CURVE NORTH 67° 05’ 27” WEST, 554.21 FEET; THENCE SOUTH 57° 37’ 1 0” W EST, 1 40.00 F EET T O A P OINT I N T HE N ORTHEASTERLY L INE O F A P ARCEL O F L AND CONVEYED TO WARREN C. ALLINGHAN AND MAXINE S. ALLINGHAN, BY MARY ANNE HARRINGTON, BY DEED RECORDED IN BOOK 5242, PAGE 492 OF OFFICIAL RECORDS; THENCE SOUTH 32° 22’ 50” EAST, ALONG THE NORTHEASTERLY LINE OF SAID PARCEL, 287.00 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 300.00 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 34° 59’ 57”, A DISTANCE OF 183.26 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 125.00 FEET;
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 67° 16’ 55”, A DISTANCE OF 146.79 FEET;
THENCE SOUTH 6 4° 3 9’ 4 8” E AST, A DISTANCE OF 1 4.95 FEET T O T HE MOST EASTERLY CORNER OF SAID P ARCEL O F L AND C ONVEYED T O W ARREN C . A LLINGHAM, E T U X., S AID P OINT L IES O N A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 230.00 FEET, SEMI-TANGENT OF WHICH BEARS NORTH 25° 20’ 12” EAST;
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 11° 32’ 13”, A D ISTANCE O F 4 6.31 FEET T O A P OINT I N T HE SOUTHEASTERLY LINE OF A P ARCEL OF LAND CONVEYED T O J EEN K OOPMAN O N J ULY 2 5, 1 960, A ND R ECORDED I N B OOK 5 194, P AGE 1 32 O F OFFICIAL RECORDS;

THENCE CONTINUING NORTHEASTERLY ALONG THE ARC OF SAID CURVE ON THE SOUTHEASTERLY LINE OF SAID PARCEL CONVEYED TO JEEN KOOPMAN, THROUGH A CENTRAL ANGLE OF 29° 01’ 26”, A DISTANCE OF 116.61 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 270.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 41° 00’ 30”, A DISTANCE OF 193.24 FEET TO THE MOST EASTERLY CORNER OF SAID PARCEL OF LAND CONVEYED TO JEEN KOOPMAN; THENCE N ORTH 2 4° 5 3’ 2 1” E AST, A D ISTANCE O F 7 7.33 F EET T O T HE B EGINNING O F A C URVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 280.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 22° 00’ 00”, A DISTANCE OF 107.51 FEET TO THE TRUE POINT OF BEGINNING.

EXCEPTING THEREFROM THAT CERTAIN PARCEL OF LAND CONVEYED TO JEEN KOOPMAN ON JULY 34 Colton - Second Amended and Restated Development Agreement(882704.8882704.9)

1.1.e
Packet Pg. 134
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills 25, 1960, AND RECORDED IN BOOK 5194, PAGE 132 OF OFFICIAL RECORDS.

ALSO, E XCEPTING T HEREFROM A NY P ORTION T HEREOF L YING W ITHIN T HAT P ARCEL O F L AND CONVEYED TO WARREN C. ALLINGHAN, ET UX., BY DEED RECORDED SEPTEMBER 23, 1960, IN BOOK 5242, PAGE 492 OF OFFICIAL RECORDS.

ALSO E XCEPTING T HEREFROM A NY P ORTION T HEREOF L YING S OUTHEASTERLY O F T HE

SOUTHEASTERLY BOUNDARY OF THAT PARCEL OF LAND CONVEYED TO MARY ANNE HARRINGTON, BY DEED RECORDED SEPTEMBER 13, 1960, IN BOOK 5242, PAGE 484 OF OFFICIAL RECORDS.

PARCEL NO. 8: (0282-192-46)
A PORTION OF THE SOUTHWEST ¼ OF SECTION 34, TOWNSHIP 1, RANGE 4 WEST, SAN BERNARDINO

BASE A ND M ERIDIAN, A CCORDING T O T HE O FFICIAL P LAT O F S AID L AND A PPROVED B Y T HE SURVEYOR GENERAL, DATED AUGUST 2, 1890, DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHWEST ¼ OF SECTION 34; THENCE SOUTH 88° 05’ 54” WEST ALONG THE NORTHERLY LINE OF SAID SOUTHWEST ¼ A DISTANCE OF 1195.03 FEET;
THENCE S OUTH 4 0° 2 4’ 0 6” E AST, 8 3.53 F EET T O T HE B EGINNING O F A C URVE C ONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 300.00 FEET;
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 19° 30’, A DISTANCE OF 102.10 FEET;
THENCE S OUTH 2 0° 5 4’ 0 6” E AST, 3 4.29 F EET T O T HE B EGINNING O F A C URVE C ONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 450.00 FEET;
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16° 20’ 47”, A DISTANCE OF 128.39 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING THE ARC OF SAID CURVE SOUTH 52° 45’ 07” WEST, 62.24 FEET TO THE BEGINNING OF A C URVE C ONCAVE E ASTERLY A ND H AVING A R ADIUS O F 1 50.00 F EET; T HENCE S OUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 58° 15’ 07”, A DISTANCE OF 152.50 FEET;
THENCE SOUTH 5° 30’ EAST, 62.72 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 500.00 FEET;
THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 18° 55’ 29”, A DISTANCE OF 166.15 FEET TO A POINT OF REVERSE CURVE HAVING A RADIUS OF 500.00 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID REVERSE CURVE THROUGH A CENTRAL ANGLE OF 13° 25’ 29”, A DISTANCE OF 117.16 FEET;
THENCE DUE SOUTH 197.80 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 300.00 FEET;
THENCE SOUTH AND EASTERLY ALONG T HE ARC OF SAID CURVE T HROUGH A CENTRAL 64° 00’, A DISTANCE OF 335.10 FEET;
THENCE S OUTH 6 4° 0 0’ E AST, 6 0.43 F EET T O T HE B EGINNING O F A C URVE C ONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 150.00 FEET;
35 Colton - Second Amended and Restated Development Agreement(882704.8882704.9)

1.1.e
Packet Pg. 135
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills THENCE SOUTHEASTERLY ALONG THE ARC OF THE SAID CURVE THROUGH A CENTRAL ANGLE OF 6° 17’ 51”, DISTANCE OF 16.45 FEET;
THENCE NORTH 88° 40’ 05” EAST, 396.69 FEET;
THENCE N ORTH 0 ° 3 6’ 5 5” E AST, 5 1.19 FEET T O T HE B EGINNING OF A CURVE CONCAVE E ASTERLY HAVING A RADIUS OF 230.00 FEET;
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 29° 43’ 17”, A DISTANCE OF 99.24 FEET;
THENCE LEAVING THE ARC OF SAID CURVE NORTH 64º 19’ 48” WEST, A DISTANCE OF 14.95 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 125.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 67º 16’ 55”, A DISTANCE O F 1 46.79 F EET T O T HE B EGINNING O F A R EVERSE C URVE C ONCAVE W ESTERLY A ND HAVING A RADIUS OF 300.00 FEET;
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 34º 59’ 57”, A DISTANCE OF 183.26;
THENCE N ORTH 3 2º 2 2’ 5 0” W EST, 4 30.16 F EET T O T HE B EGINNING O F C URVE C ONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 500.00 FEET;
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10º 15’, A DISTANCE OF 89.45 FEET;
THENCE N ORTH 4 2º 3 7’ 5 0” W EST, A D ISTANCE O F 1 27.19 F EET T O T HE B EGINNING O F A C URVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 450.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 5º 22’ 87”, A DISTANCE OF 42.27 FEET TO THE TRUE POINT OF BEGINNING.

EXCEPTING T HEREFROM A NY P ORTION L YING S OUTH O R S OUTHEASTERLY O F T HE S OUTH A ND

SOUTHEASTERLY L INES O F T HE P ROPERTY C ONVEYED T O M ARY A NNE H ARRINGTON, B Y D EED RECORDED SEPTEMBER 23, 1960, IN BOOK 5242, PAGE 484 OF OFFICIAL RECORDS.

ALSO EXCEPTING THEREFROM ANY PORTION THEREOF WHICH LIES WITHIN THAT PARCEL OF LAND CONVEYED T O J ULIA T ATUM, E T AL., RECORDED SEPTEMBER 23, 1960, IN BOOK 5242, PAGE 486 OF OFFICIAL RECORDS.

ALSO EXCEPTING THEREFROM ANY PORTION OF THE PROPERTY HEREIN DESCRIBED, CONVEYED TO WARREN C. ALLINGHAN, ET UX., BY DEED RECORDED JANUARY 30, 1969, IN BOOK 7174, PAGE 234 OF OFFICIAL RECORDS.

PARCEL NO. 9: (0282-192-45)
A P ORTION O F T HE S OUTHWEST ¼ O F S ECTION 3 4, T OWNSHIP 1 S OUTH, R ANGE 4 W EST, S AN

BERNARDINO B ASE A ND M ERIDIAN, A CCORDING T O G OVERNMENT S URVEY, D ESCRIBED A S FOLLOWS:

COMMENCING AT THE NORTHEAST CORNER OF LOT 39, TRACT NO. 6610, RECORDED IN BOOK 88 OF MAPS, PAGE 8, RECORDS OF SAID COUNTY;
36 Colton - Second Amended and Restated Development Agreement(882704.8882704.9)

1.1.e
Packet Pg. 136
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills THENCE SOUTH 88º 40’ 05”, WEST, ALONG A PORTION OF THE NORTHERLY LINE OF SAID TRACT 396.38 FEET TO A POINT ON A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 150.00 FEET; A LINE RADIAL TO SAID CURVE BEARS SOUTH 32º 17’ 51” WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 6º 17’ 51”, A DISTANCE OF 16.49 FEET;
THENCE N ORTH 6 4º 0 0’ 0 0” W EST, 6 0.43 F EET T O T HE B EGINNING O F A C URVE C ONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 300.00 FEET;
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14º 40’ 50”, A D ISTANCE O F 7 6.87 F EET T O T HE T RUE P OINT O F B EGINNING F ROM W HICH P OINT A L INE RADIAL TO SAID CURVE BEARS NORTH 40º 40’ 50” EAST;
THENCE CONTINUING ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 300.00 FEET THROUGH A CENTRAL ANGLE OF 24º 29’ 29”, A DISTANCE OF 128.24 FEET;

THENCE L EAVING T HE A RC O F S AID C URVE A LONG A L INE R ADIAL T O S AID C URVE, H AVING A BEARING OF NORTH 65º 10’ 19” EAST, A DISTANCE OF 345.00 FEET; THENCE SOUTH 11º 08’ 40” EAST, A DISTANCE OF 128.00 FEET; THENCE SOUTH 66º 10’ 19” WEST, A DISTANCE OF 287.73 FEET TO THE TRUE POINT OF BEGINNING.

EXCEPTING T HEREFROM T HE W EST 3 0.00 F EET, M EASURED R ADIALLY T O T HE AFOREMENTIONED 300.00 FOOT RADIUS CURVE, FOR ROAD AND UTILITY PURPOSES, AS DISCLOSED IN THE DEED FROM JAMES SULLIVAN, RECORDED JANUARY 30, 1969, IN BOOK 7174, PAGE 234 OF OFFICIAL RECORDS.

PARCEL 10: (0282-192-09)
A P ORTION O F T HE S OUTHWEST ¼ O F S ECTION 3 4, T OWNSHIP 1 S OUTH, R ANGE 4 W EST, S AN

BERNARDINO M ERIDIAN, A CCORDING T O T HE O FFICIAL P LAT T HEREOF, B EING M ORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING OF A REVERSE CURVE WHICH IS CONCAVE NORTHEASTERLY AND WHICH HAS A RADIUS OF 9 5.00 F EET; T HENCE S OUTHEASTERLY A LONG T HE A RC O F S AID C URVE 1 11.56 F EET A ND THROUGH A CENTRAL ANGLE OF 67 DEGREES 16’ 55” TO THE BEGINNING OF A COMPOUND CURVE WHICH I S C ONCAVE N ORTHERLY A ND W HICH H AS A R ADIUS O F 2 0.00 F EET; T HENCE S OUTH AND EASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 27.39 FEET AND THROUGH A CENTRAL ANGLE O F 7 8 D EGREES 2 7’ 4 7” T O T HE B EGINNING O F A R EVERSE C URVE W HICH I S C ONCAVE 37 Colton - Second Amended and Restated Development Agreement(882704.8882704.9)

1.1.e
Packet Pg. 137
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills EASTERLY AND WHICH HAS A RADIUS OF 230.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 116.51 FEET AND THROUGH A CENTRAL ANGLE OF 29 DEGREES 01’ 26” TO THE BEGINNING OF A REVERSE CURVE WHICH HAS A RADIUS OF 270.00 FEET AND WHICH IS CONCAVE NORTHWESTERLY; T HENCE NORTH AND EASTERLY ALONG T HE ARC OF SAID CURVE, A DISTANCE OF 193.24 FEET AND T HROUGH A CENTRAL ANGLE OF 41 DEGREES 00’ 30” TO THE TRUE POINT OF BEGINNING.

APN: 0 164-471-01-0-000 A ND 0 164-231-36-0-000 A ND 0 276-372-03-0-000 A ND 0 276-372-04-0-000 A ND 0276-372-09-0-000 A ND 0 282-192-15-0-000 A ND 0 282-192-23-0-000 A ND 0 282-192-24-0-000 A ND 0282-192-45-0-000 AND 0282-46-0-000.
38 Colton - Second Amended and Restated Development Agreement(882704.8882704.9)

1.1.e
Packet Pg. 138
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills EXHIBIT “A-1”

SUBSTANTIAL CONFORMANCE MAP
39 Colton - Second Amended and Restated Development Agreement(882704.8882704.9)

1.1.e
Packet Pg. 139
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills EXHIBIT “ B”
40 Colton - Second Amended and Restated Development Agreement(882704.8882704.9)

1.1.e
Packet Pg. 140
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills

EXISTING DEVELOPMENT APPROVALS
• Tentative Tract Map No. 16798
Approved by the Planning Commission on August 6, 2005,
Resolution No. R-08-06
 DAP-001-946: Substantial Conformance Revision to Tentative Tract Map No. 16798 (2012)
 Amendment to Tentative Tract Map No. 16798
Amended by City of Colton Planning Commission on date , Resolution No. ________.
41 Colton - Second Amended and Restated Development Agreement(882704.8882704.9)

1.1.e
Packet Pg. 141
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills EXHIBIT “C”

EXISTING LAND USE REGULATIONS

RECHE CANYON
Specific Plan Amendment for the
Iron Horse Hills Residential Project in Planning Area One (A) (Ordinance No. O-15-06 – September 19, 2006)
And
Colton Municipal Code Title 18 (“Zoning Code”), as of the effective date of this Second Amended Agreement
42 Colton - Second Amended and Restated Development Agreement(882704.8882704.9)

1.1.e
Packet Pg. 142
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills EXHIBIT “D”

WELL SITE
43 Colton - Second Amended and Restated Development Agreement(882704.8882704.9)

1.1.e
Packet Pg. 143
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills EXHIBIT “E”

INTENTIONALLY OMITTED
44 Colton - Second Amended and Restated Development Agreement(882704.8882704.9)

1.1.e
Packet Pg. 144
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills EXHIBIT “F”

GENERAL DESCRIPTION OF NEIGHBORHOOD PARKS IMPROVEMENTS
Park Amenities for Lots B, H and Remainder Parcel
Lot B P ark: A menities i nclude t ot-lot s tructure, b enches, b ike r acks, p icnic t ables a nd a circular walkway.

The Lot B park includes two-to-five year old play structure, with climbing and exploratory features. The playground will also feature a set of swings and safety surfacing. The seating area will include two benches and two picnic tables connected by an ADA accessible walkway, as well as a bike rack and appropriate landscaping, including turf, and lighting.

Lot H Park: Amenities include a passive open space, benches, bike racks, and picnic tables.

The L ot H p ark i nclude l inear p ark f eatures i ncluding a p assive o pen s pace a rea, t wo benches and two picnic tables connected by an ADA accessible walkway, as well as bike rack, lighting and appropriate landscaping
Remainder Park Parcel: Amenities include a shade feature, benches, bike racks, and picnic tables.

The Remainder Parcel park includes seating area/shade structure (gazebo), two benches and two picnic tables connected by an ADA accessible walkway, as well as a bike rack and appropriate landscaping, including turf, and lighting.
 All picnic tables, benches or bike racks shall include concrete pads underneath.  Benches shall be fiber plastic as opposed to wooden to avoid splinters and damage.  Landscaping s hall c omply w ith t he C ity o f C olton’s U rban F orest M anagement P lan (2018), and include irrigation systems.
 As specified by the Reche Canyon Specific Plan, park improvements shall include a tennis court, basketball court and restroom.
 The Parties acknowledge that certain park improvements may be subject to the Easement Agreement t hat e ncumbers portions of the P roperty and that r uns i n favor of Southern California E dison, w hich m ay r esult i n c ertain p ark i mprovements b eing p rohibited i n certain a reas. I n t he e vent o f a ny c onflicts b etween t he E asement A greement a nd t he Substantial Conformance Map, Developer and City agree to work together to: (i) identify an a lternative p ark s ite; ( ii) r econfigure t he e xisting p ark s ite(s) t o a ccommodate t he required flat area park requirement; or (iii) assess additional Quimby fees to the Project.

Notwithstanding t he f oregoing, t he C ity s hall h ave s ole d iscretion t o d etermine i f a n alternative p ark s ite o r r econfiguration s atisfies t he p ark i mprovement c onditions o f approval.
45 Colton - Second Amended and Restated Development Agreement(882704.8882704.9)

1.1.e
Packet Pg. 145
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills 46 Colton - Second Amended and Restated Development Agreement(882704.8882704.9) $3,068.00
City of Colton Water Capital Improvement Charge - 1 Inch Meter DIF: City of Colton - Fire Facilities
City of Colton Water Capital Improvement Charge - 1-1/2 Inch Meter City of Colton Water Capital Improvement Charge – 2 Inch Meter D
U
City of Colton Water Connection Charge -1-1/2 Inch Meter $870.00
EXHIBIT “G”

EXISTING DEVELOPMENT IMPACT
FEES (per Ordinance No. O-020-20*)
E
A
DIF: City of Colton -
E
A
E
A
Library Facilities
$3,358.00
D
U
DU
$515.00
$3,450.00
$5,522.00
DIF: City of Colton -
City of Colton Wastewater Capacity Charge
Parks D
U
D
U
$5,714.00
$3,226.00
DIF: City of Colton -
$1,730.00
Traffic Facilities D
U
City of Colton Water Connection Charge - I Inch Meter
$1,623.00
DIF: City of Colton -
DIF: City of Colton -
Civic Center Facilities
Police Facilities
D
U
D
U
D
U
$1,134.00
$180.00

1.1.e
Packet Pg. 146
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills 47 Colton - Second Amended and Restated Development Agreement(882704.8882704.9) Fire Station
Full Credit
Pressure Reducing Station
Transmission & Distribution Facilities
Water Improvement Soft Costs 25%
$ 1,623
[2
]
[2
]
[2
]
$815.22
9,985.48
25%
[1]
Total
Total
of
Costs
Park Development Fee
184
184
1,987,32
9 Per
$150,000
1,837,329
496,832
[1]
870
Subtotal City Water Facilities Improvements
City of Colton Other Facilities Improvements
5,714
per DU
$ 13,500.88
per DU
per DU
$
2,484,161
Full Credit
City of Colton (Development Impact Fees)
Storm Drain Facilities [2]
184
$ 9,226.52
Wastewater Capacity Charge
Total
184
184
[1][3]
$ 1,697,680
160,080
3,220
Sewer Improvements
Quantity
[2]
per DU
6,280.71 Total
184
184
$ 298,632
1,155,650
592,480
Library
Public Utilities - Energy Charge [2]
EXHIBIT “H”
Tract No. 16798, City of Colton - Eligible CFD Facilities List 1,000
Water Capital Improvement Fee (1" Meter)
Total
[1]
184
[1][3]
184,000
1,730
Barton/Project Entry (Street Imp./Signalization)
515
[2]
per
MTR
11,434.78
Total
Total
Full Credit
184
per DU
2,104,000
Civic Center
Barton/Westwood Concrete
Water Capital Improvement Fee (2" Meter)
[2]
184
708.40
[1][3]
Total 184
5,520
130,346
94,760
per
MTR
Barton/Westwood Asphalt
[1]
[2]
10 1,315.22 Total
55,200
184 242,001
Police
Traffic Signal
Water Connection Fee (1" Meter)
[2]
180
4,572.47
[1][3]
Total
[1]
184
3,068
841,335
per
MTR
Barton Rd. Extension - Street "A" Arterial
1,134
[2]
184
8,432.82
per DU
Total
564,512
184
per DU
1,551,639
Traffic Facilities
Engineering/Soils/Survey Soft Costs - 25%
Water Connection Fee (2" Meter)
[2]
184
25%
[1][3]
of
Costs
184
7,906,65
1 3,358
1,976,663
208,656
per
MTR
Subtotal City Other Improvements
Rat
e
10 $ 53,713.66
33,580
$
9,883,314
33,120
Total City of Colton Facilities Improvements
Quimby in lieu Fees
Total City of Colton Development Impact Fees
$ 67,214.54
[1]
$12,367,475
[1]
$ 11,092.50
Total Fees Proposed to be Financed by CFD
4,716
$
2,041,020
$
78,307.04
$14,408,495
per DU
City of Colton Water Facilities Improvements

1.1.e
Packet Pg. 147
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills 48 Colton - Second Amended and Restated Development Agreement(882704.8882704.9) Footnotes:
[1] Represents the applicable City of Colton development impact fees per City fee schedules and Development Agreement.

Subject to validation by Public Works following submittal of plan details by applicant for water and other facilities improvements. Credit amounts per DA and client.
[2] Represents the estimated eligibleCity facilities to be financed by CFD. Actual amounts may vary. [3] Subject to change based on current adopted fees at time of payment.

1.1.e
Packet Pg. 148
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills 0 Table Insert
Changes:
0 Table Delete 0
Add
Intelligent Table Comparison: Active
Table moves to
10 0
Summary report:

Litera Compare for Word 11.5.0.74 Document comparison done on 11/9/2023 4:55:12 PM
Table moves from 0
Delete
Embedded Graphics (Visio, ChemDraw, Images etc.)
9 0
Original DMS:
iw://beusgilbert-mobility.imanage.work/BEUSGILBERT/882704/8 Embedded Excel 0
Move From
Format changes
0 0
Total Changes:

Modified DMS:
iw://beusgilbert-mobility.imanage.work/BEUSGILBERT/882704/9 19 Move To
Style name: Default Style

1.1.e
Packet Pg. 149
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills

ATTACHMENT 9

Revised Tentative Tract Map 16798 and Accompanying Plans

1.1.e
Packet Pg. 150
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills

STREET A
SKYVIEW DR.
64' ST.
36' ST.

BARTON RD.

EXISTINGPROPERTYBOUNDARY

EXISTINGPROPERTYBOUNDARY
HILLTOP DR.

FLOOD CHANNEL
S. MYRTLEWOOD AVE.

WESTWOOD ST.
56' R/W
88' R/W

STREET A
TENTATIVE TRACT MAP 16798 EXHIBITCIRCULATION AND ACCESS (2012 vs. 2020) 4/24/2023 SHEET 1 OF 2
LEGENDTTM 16798ROADWAY(2012)SUBSTANTIAL CONFORMANCETTM 16798 ROADWAY(2020)

EXISTINGROADWAY

1.1.e
Packet Pg. 151
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills WESTWOOD ST.

EVA EASEMENTSUBSTANTIAL CONFORMANCE

EXISTINGPROPERTYBOUNDARY
EVA GATE(2012)
EVA GATE (2012)

EVA GATESUBSTANTIAL CONFORMANCE
EVA EASEMENT(2012)
28' EVA
88'
35'
28'

EVA GATESUBSTANTIALCONFORMANCE
20'EVA
TENTATIVE TRACT MAP 16798 EXHIBITCIRCULATION AND ACCESS (2012 vs. 2020)LEGENDTTM 16798ROADWAY(2012)SUBSTANTIALCONFORMANCETTM 16798 ROADWAY(2020) EXISTINGROADWAY TTM 16798EASEMENT(2012)SUBSTANTIALCONFORMANCETTM 16798 EASEMENT(2020) 4/24/2023 SHEET 2 OF 2

1.1.e
Packet Pg. 152
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills

EXISTING PROPERTYBOUNDARY

EXISTING SCEPOWER LINEEASEMENTEXISTING SCEPOWER LINESEXISTING PROPERTYBOUNDARY EXISTING SCEPOWER LINESEX.SLOPE
BARTON RD.

WESTWOOD ST.

STREET A

STREET A
EXISTING SCEPOWER LINEEASEMENT115'
305' DRAINAGE FACILITYAND ACCESS
LOT E6.32 AC(INCLUDES DRAINAGEFACILITY & ACCESS)EXISTING PROPERTYBOUNDARY

EXISTING PROPERTYBOUNDARY

EXISTING PROPERTYBOUNDARY
LOT B PARK(1.06 AC)
REMAINDER LOT PARK(2.10 AC)

SCE POWER LINEEASEMENT
EX.SLOPE
EX.SLOPE

PROPOSEDSLOPE

EXISTING SCEPOWER LINES
EX.SLOPE

PROPOSEDSLOPE
EX.SLOPESCE ACCESSROADPROPOSED LOT H PARK(3.93 AC)

EXISTING PROPERTYBOUNDARY

EXISTING SCEPOWER LINES

STREET A
STREET ABARTON RD.

WESTWOOD ST.

PROPOSEDUSABLEPARKSPROPOSEDSCERESTRICTED

IRON HORSE HILLSPARK COMPARISON EXHIBIT

SCE EASEMENTSSCE POWER LINES

1.1.e
Packet Pg. 153
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills Tentative Tract Map No. 16798 and Development Agreement)

EXISTING

PROPERTY

BOUNDARY

EXISTING

PROPERTY

BOUNDARY

EXISTING
POWER
LINES

PROPOSED

LOT H PARK

EXISTING

PROPERTY

BOUNDARY

PROPOSED

REMAINDER

PARCEL PARK

EXISTING

POWER LINES
POWER
LINE

EASEMENTS

POWER LINE

EASEMENT
BARTON RD.

STREET A
WESTWOOD ST.
5/15/2023 SHEET 1 OF 4
LEGEND

SUBSTANTIAL

CONFORMANCE
TTM 16798 ROADWAY
(2020)

EXISTING

ROADWAY

SUBSTANTIAL CONFORMANCE
TTM 16798 (REVISED 2020)

PARK EXHIBIT

PROPOSED
PARKS

1.1.e
Packet Pg. 154
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills

PROPOSED

LOT B PARK
(1.06 AC)
TOT

PLAYGROUND

BATHROOMS
(25'X25')

PICKLEBALL COURT
(36'X64')
1/2 COURT

BASKETBALL

STREET A
BARTON RD.

EXISTING PROPERTY

BOUNDARY
EX. SLOPE
EX. SLOPE

PROPOSED
SLOPE
5/15/2023 SHEET 2 OF 4

SUBSTANTIAL CONFORMANCE
TTM 16798 (REVISED 2020)

LOT B PARK EXHIBIT
NOTE:

AMENITIES ARE SHOWN PICTORIAL IN NATURE
AND IDENTIFIED FOR REFERENCE PURPOSES.

PARK SITE PLANNING WILL BE COMPLETED

WITH FINAL SITE PLAN REVIEW AND
APPROVAL BY THE CITY OF COLTON.

1.1.e
Packet Pg. 155
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills

STREET A

BATHROOMS
(25'X25')

PROPOSED

LOT H PARK
(3.94 AC)

POWER LINE

EASEMENT
GAZEBO
(25')

EXISTING

POWER LINES

SCE ACCESS
ROAD
5/15/2023 SHEET 3 OF 4

SUBSTANTIAL CONFORMANCE
TTM 16798 (REVISED 2020)

LOT H PARK EXHIBIT
NOTE:

AMENITIES ARE SHOWN PICTORIAL IN NATURE
AND IDENTIFIED FOR REFERENCE PURPOSES.

PARK SITE PLANNING WILL BE COMPLETED

WITH FINAL SITE PLAN REVIEW AND
APPROVAL BY THE CITY OF COLTON.

1.1.e
Packet Pg. 156
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills

STREET A

EXISTING

PROPERTY

BOUNDARY

PROPOSED

REMAINDER LOT
PARK (2.10 AC)
EX.

SLOPE

PROPOSED
SLOPE
EX. SLOPE
5/15/2023 SHEET 4 OF 4

SUBSTANTIAL CONFORMANCE
TTM 16798 (REVISED 2020)

REMAINDER LOT PARK EXHIBIT
NOTE:

AMENITIES ARE SHOWN PICTORIAL IN NATURE
AND IDENTIFIED FOR REFERENCE PURPOSES.

PARK SITE PLANNING WILL BE COMPLETED

WITH FINAL SITE PLAN REVIEW AND
APPROVAL BY THE CITY OF COLTON.

1.1.e
Packet Pg. 157
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills 1000.91031.51028.61108.81196.4 1177.4
1097.51100.51131.31123.5
1171.4
1180.41183.5 1175.8 1171.41175.5 1170.11170.4
1118.3
1140.6
1122.71125.3
1142.71147.3 1125.5
1171.3
1112.4
1115.5
1109.5
1102.61106.5
1104.6
1106.51103.6
1154.4
1161.3
1151.21160.7
1131.6
1128.3
1130.7
1151.7 1145.81147.3
1104.51102.41099.4
1129.5
1165.51167.7
1167.7
1170.1
1168.2 1170.3 1170.61170.5 1171.1
1197.3
1198.71198.4
1195.5
1196.4
1199.3
1180.4
1171.31170.8
1176.7
1171.2
1179.5
1184.5
1180.5
1194.31195.11195.71196.6
1002.31007.61054.4
1066.3
1059.3
1083.5
1078.3
1082.61079.41076.3
1046.21055.71061.31065.4
1058.5
1052.51055.5
1049.4
1051.6
1047.6
1068.41073.41070.5
1064.3
1063.3
1042.6
1059.4
1058.5
993.7994.7998.51002.51036.1
1044.31041.5
1045.4
1057.5
1040.41037.5
1032.4
1032.2
1038.21036.3
1053.4
1032.3
1030.5
1029.31027.21027.3
1034.5
996.6999.6
999.51002.4
995.51000.2
1001.7
1036.3
1036.4
998.6995.4
994.3
999.4
1001.41002.7
1002.4
1001.6
1004.51003.7
1035.8
1036.5
997.31000.2
999.3
1001.5
1001.6998.5
1045.5
1038.51044.5
1039.4
1041.4
1043.3
1028.61030.7 1027.81033.31036.71037.3
1036.41032.61030.3
1029.6 1028.5
1039.2 1034.41036.3 1030.51028.41026.5
1029.5
1032.5
1036.51038.5 1032.5
1049.2
1052.2
1056.71058.5 1055.3 1054.51059.2
1077.51082.51083.3
1080.41069.71076.5
1072.51076.5
1076.61079.81080.3
1002.91032.6
1038.51039.51026.6
1044.3
1049.41048.4
1024.81025.7
1025.4
1043.4
1024.4
1024.61025.6 1023.3
1022.51023.7
1027.5 1023.3 1034.5
1002.4
1010.2
1004.71006.4
1004.8
1025.3
1001.2
1002.3 999.61000.4
1002.31003.4 1002.7
1027.4
1009.5
1004.4
1034.4
1002.81003.51003.11002.71000.5
1003.7
1026.21029.5 1022.5
1026.4
1024.4
1071.2
1004.61030.6
1030.3
1029.3
1002.61001.3
1002.9
1028.1
1028.41023.5
1027.4
1001.1
1004.7
1001.41003.9
1027.3
1004.3
1088.41091.61094.5
1094.7
1176.7
1175.51174.7 1177.41177.4
1177.3 1091.31171.4
1093.8
1094.5
1094.4
1183.6
1180.61177.6 1088.4
1138.8
1125.2
1085.4
1095.1
1094.7
1125.1
1097.7
1089.3
1097.61097.6
1098.3
1098.41099.4
1105.6
1099.3
1090.4
1089.7
1090.5
1090.21089.7 1090.5
1089.5
1092.3
1089.5
1085.4
992.8
995.4
992.4
995.8
999.5
992.5
992.7993.4999.6
999.5
999.5998.4
996.5995.7
996.7995.2
994.6
998.2
999.21000.6
997.2997.3
997.7
1002.21001.9997.4
997.2
1269.2 1209.9 1217.5
1272.5
1272.4
1334.9
1272.8
1276.8
1276.7
1285.9
1277.4
1298.41298.91299.6
1299.9
1286.5
1286.2 1286.2
1286.6
1286.8
1278.3
1274.4
1274.3
1272.6
1268.4
1268.91268.9 1274.9
1280.11274.3 1273.9
1274.3
1273.8
1274.3
1268.51268.21268.4 1265.7 1226.6
1242.1
1304.7
1295.5
1294.8
1295.6
1295.4
1295.8
1296.5
1305.4
1303.6
1318.8
1304.6
1305.3
1305.3
1296.3
1296.3
1302.4
1288.5 1177.91212.9 1180.21156.4 1163.3
1269.8 1217.8
1215.71219.71217.71269.6 1270.3
1246.9
1250.3 1247.2
1215.11212.5 1215.5
1221.9
1232.61224.7
1219.8
1236.6
1214.71215.51217.9
1211.8 1218.6
1215.5 1231.5
1249.31287.8
1280.6
1285.6 1288.5
1268.5
1262.91262.6
1263.4
1289.51288.3
1288.71288.9
1263.7
1288.5
1250.8
1221.8 1210.6
1218.7 1220.7
1216.8
1211.9
1224.7
1218.71226.6
1213.3
1208.6
1204.5
1203.91304.2
1203.81200.8 1166.5 1145.3
1167.5
1163.3
1227.6
1201.1
1231.8
1227.61224.8 1217.7
1233.5
1236.81225.7
1204.8
1198.2
1174.5
1176.5
1165.7
1175.41177.5
1164.7
1137.51139.2
1171.4
1141.4
1143.3
1132.4
1195.6
1195.8
1157.4
1145.21159.2
1159.11162.31158.5
1173.7
1175.8
1181.1
1169.51169.31166.5
1173.51180.1
1204.8
1203.2
1240.91238.71223.5
1206.8
1208.6
1158.5
1159.51159.5 1136.3
1131.5
1139.2
1128.41129.9
1158.5
1165.4 1166.41164.4
1219.4
1281.7
1286.51288.7
1288.8
1282.6
1269.5 1238.6
1237.61260.6
1256.6
1265.5
1240.3
1239.3
1271.5
1271.8
1219.51237.7
1239.1 1237.8
1239.3
1181.7
1187.7
1183.6
1182.7
1185.8
1218.4
1234.51226.5 1213.2
1213.5
1224.71218.6 1213.5
1213.5
1196.6
1218.4
1217.9
1218.8
1203.81204.6
1251.9
1206.41214.8
1211.8
1217.6
1204.2
1226.5
1239.6
1205.51204.7
1214.4
1216.9 1215.9
1218.8
1193.3
1203.7
1205.61204.9
1216.7
1203.71203.6
1 1215.7
1293.9
1206.9 1146.41160.41163.6 1197.7
1179.7 1179.61180.41155.4
1179.51179.5
1185.3 1154.21179.6
1150.41154.4
1153.6
1203.4 1201.8
1203.51198.7
1203.4 1203.7
1203.31203.7
1135.4 1177.5
1135.3
1134.6
1174.91160.5
1156.21175.7
1170.6
1138.2 1155.9
1164.41169.6
1196.5
1204.61203.6
1203.11200.2
1205.51206.51195.5
1210.5
1206.4
1195.9
1192.6
1163.3
1146.3
1144.9 1163.5
1163.61164.81165.4
11 116
1166.11164.61163.5
1215.9
1216.4
1215.6
1215.4
1165.41163.6
1162.71167.2
1216.4
1207.4
1211.7
1200.5
1221.7
1216.6
1211.61218.6
1247.61261.81260.6
1253.61269.8
1269.5
1227.4
1258.51256.5
1213.51215.6
1232.8
1231.5
1245.8
1260.9 1245.5
1274.6
1278.4
1277.7
1275.6
1261.3
1261.3
1269.51264.3
1261.3
1256.71260.6
1272.6
1271.5 1266.6
1269.6
1211.9
1220.3
1246.9
1146.4
1222.8
1217.6
1219.4
1219.81221.7 1217.51216.6
1124.3 1182.4
1125.4
1038.4
1080.4
1079.4
1050.81080.2
1051.5
1052.4 1039.1
1032.41030.4
1041.3
1034.31033.4
1036.2
1033.4
103
1026.41038.5
1038.4
1034.6 1035.7
1037.5
1026.51026.5 1000.5
1026.5
1026.61058.91038.7
1053.5
1046.4
1057.6
1060.6
1064.7
1060.4
1052.4
1056.5
1064.51070.6
1073.5
1075.4
7 1069.4
1070.5
1094.21093.43.4
1102.4
1089.5
1166.61168.6
1094.2
1094.2
1094.51094.4
1094.2
211.6 12
1211.41213.7
1113.9
1114.4
1113.6
1114.8
1098.61100.8
1101.31102.5 1114.8
1099.4
1102.6
1106.21114.7
1110.5 1114.61114.3
1092.51113.51103.3
1094.6
1121.2
1120.7
1121.21121.1
1119.61119.5 1119.6
1114.3 1115.4
1117.51117.5
1118.5
1101.6
1100.41097.7
1102.31101.5
1120.2 1136.7
1122.31120.31121.3 1124.5
1134.41132.11139.5
1014.51012.5
999.5997.4996.5
1013.5 1009.4
1010.5
996.6
1014.91018.7
1017.5
1026.4 1019.6
1020.3
1023.6
1026.8
1027.6
1027.41037.9
1028.11037.7
1037.9
1028.3
1080.5
1074.51066.4
1058.1 1038.6
1079.6
1039.6
1080.2
1083.41080.7
1079.3
1089.3
1117.7
1126.9
1127.1
1127.11126.9
1126.8
1127.21127.9
1126.5
1188.21186.6
1141.4
1083.3
1080.6
1153.8
1087.4
1097.51087.3
1121.2
1122.6 1163.5
1163.5
1162.7
1162.7
1162.9
1163.4
1154.71160.6
1148.5 1165.6
1163.3 1167.81168.6
1154.3
1154.5
1162.6
1154.4
1162.5 1168.4
1153.31153.7
1094.3
1070.3
1074.2
1079.41071.2
1074.8
1071.41075.4 1067.5
1168.3
1168.5
1167.61168.2
1168.4
1130.7
1121.5
1124.5
1126.5
1128.5
1130.5
1132.61134.5
1136.61138.5
1145.5
1142.4
1146.51146.6
1167.5
1165.4
1163.61160.3
1166.5
1170.3
1169.8
1169.7
1170.3
1170.4
1170.9
1170.7
1183.71183.51183.3
1182.7
1182.61182.6
1181.7
1150.3
1151.3
1149.5
1204.1
1208.5
1206.4
1204.6
1204.5
1204.6
1205.31203.4
1203.5
1203.5
1199.6
1201.7
1201.3
1201.3
1200.8
1200.6
1200.7
1207.8
1207.61208.1
1208.1
1211.4
1209.2
1212.4
1213.41213.3
1213.4
1214.5
1226.71227.41210.6
1210.1
1209.7
1209.8
1209.5
1210.2
1208.5
1210.6
1203.4
1203.61203.81204.1
1204.4
1204.1
1203.7
1203.4
1204.2
1207.8
1136.4

TANKTANK

SCATTERED ROCKS
CONC
CONC
CONC
CONC
ASPH
ASPH
ASPH
ASPH
GNV
GNV
GNV
GNV
GNV
GNV
GNV

DENSE TREES

DENSE TREES
GNV
GNVGNV
GNV
GNV
GNV
GNV
GNV
GNV
GNV
GNV

GNVDENSE TREES

DENSE TREES

DENSE TREES
GNV

GNV GNV
GNV
GNV
GNV

GNVGNVGNV
GNV
GNV
GNV
GNV

GNV GNV
GNV
GNV
G
GNV
GNV

GNVBRUSH
ASPH
CONC
CONC
ASPH
CONC
CONC

SCATTERED BRUSH

SCATTERED BRUSH
CONC
CONC
CONC
CONC

ASPHROCKS ASPH
ROCKS
ROCKS
GNV

DENSE TREES

DENSE TREES
GNV

DENSE TREES

SCATTERED BRUSH
GNV
ASPH
GNV
GNV
GNV
ROCKS

DENSE TREES
GNV

SCATTERED BRUSH

DENSE TREES
ASPH
GNV
GNVGNV
ROCKS
CONC

CONCASPH

SCATTERED BRUSH
CONC
GNV

DENSE TREES
ROCKS
CONC
GNV

CONC DENSE TREES
GNV
CONC
GNV
GNV
GNV

DENSE TREESGNV
GNV

DENSE BRUSH

DENSE TREES
ROCKS

DENSE TREES
GNV
GNVGNV
GNV
GNV
CONC
ROCKS
GNV

DENSE TREES

DENSE TREESDENSE TREES
GNV

GNV CONC
GNV

DENSE TREES
CONC
CONC
ASPH
GNV
ASPH
ASPH

ASPH CONC
GNV
ASPH

DENSE BRUSH
ROCKS
ASPH
CONC
GNV
GNV
ASPH
GNV
ROCKS

CONCDENSE BRUSH

ASPHASPH
GNV
GNV
GNV
GNV
GNV

ASPHGNV
GNV
CONC
GNV
GNV
GNV
GNV

DENSE TREES
ASPH
GNV
GNVGNV

GNV GNV
GNV
GNV
GNV
GNV

DENSE TREES
GNV
GNV
GNV

DENSE TREES

GNV GNV
GNV
GNV
GNV
GNV

GNV GNV
ASPH

GNV GNV
GNV
GNV
ASPH
ASPH
ASPH
GNV
ASPH
ASPH
ASPH
BRUSH
ASPH
XXX
XX
XX
XXX
X
XX
X
X
XXXXXX
XX

XXXXXXXX
XX

XXXXX XX

XXXXXXXXX

XXXXXXXXXXXXXXXX
X
XX
XXX
XX
XXXX

XXXXXXX
XXX
XXXXXX
XX
XXX
XX

XXXXXXXX
X

XX XXXXXXX

XXXXXXXXXXXXXXXXXXXXXX

XXXXXXXXXX

XXXXXXXXXXXXXXXXXXXXXXXXXX
X
X
XXXX
XXXXX
XXXX
XXXX

XXXXXXX
XXX

XXXXXXXXXXXXXXX
XXX

XXXXXXXXXXX

XXXXX XXX
XX

XXXXXXXXXX
XXXXXX
X

XXXXXXXXXXXXX
XXXX
XXXXX
XX
XX
XXX
XXXXX
XXXXX
X X X

XXXXXXXXXXXXXXXXXXXXXX

XXXXXXX

XXXXXXX
XXXX
XXXX
X

XXXXXXX
XXXX
VV
V
VV
VV
V

V V V V V
V
VV
V
VV
V
V
VVVV

V V V V V
V
V
VV
V
V
V
V
V
V
V
V
V
V
VV
V
VV
V
V
V
V
VV
V
V
V
V
V
V
V
V
V V
V
V
V
V
V
V

VV V V V V V V V V V V V V V V V V
V V

VV V V V V V V V VV V V V V V V V V V
V V

V V V V V V
V
V
V
V
V

VV V V V V V V V
V

V VV V VV
V
VV
V
V
V
V
V
V

VVVVVVV
VVVV
VVV
V
V
V
V
V
V
V
V
V
V
V
V

V V V V V V

V V V V V V V V V V V

V VV V V V V
V
V
V
V

VV V V VV
V
V
V
V
V
V
V
V
V
VV
V
V
V
VV V
V
V
V
V
V
V

V V VVV
V
V
VV VVV
V
V
V
V
VV
V
V
V
VVV
VV
VVVVVV
V
V
V
V
V V
V
V
V
V
V
V
V
V
V
V
V
V
VVV
V
V
V
V
V
V
V
V
V
V
V
V
V
V
V
V
V
V
VV
V
V V
V
V

VV V V V V V V V V V V V
V
VVV
VV
V
V
V
V
VV
V
V
V
V
VV
V
V
V
V V V
V
V V
VVVVVV
V
V

VVVVVVVVVVVVVV

VVVVVVVVVVVV
V
V
V
V V V
VV
VV
V
V
V
VV
V
V
V
V
V
V
V
V
V
V
V
V
V
V
VV
V

V V V VVVVV V
VVVV
V
V
V

VVVVVVVV
V
V
V

VVVVVVV

VVVVVVVV

VVVVVVV
V
V
V V
V
VV
V
V
VV
V
V
V
V
VVVV
VVV
V
VVVVV
V
V
V
V
V
V
V
V
V
V
V
V
V
V
V
V
V
V
V
V

V V VV V V V V V V V VVV
VV
V

V V V V
VVV
V
V
V
XX
X
X
XX
oo
o
o
oo
ooooo
oooo
oo
o
oooooo
oo
oo
oooo ooo
oooo
oo
o
oooo
oooooo
o oo
o
o
oooooo
ooo
X
o

V V V V VVVVVVV
V
VVV
XXXXX
XX
o
DECK

XXXXXXXXXXXXXXXXXXXXXXXXXX
VVVV
V XXXX

VVVVVVVVVVVVVVV
V
V
V
V V

V V V V V V VV VVV

XXXXXXXXX
X

XXXXXXXXXXXXX
VV
V
V
V
V
V
V
V
V
V
V
V
V
V
VVV
VVVV
VVVV
VVVV
VVVV
VVVV
VVVV
V
VVVV
V
V
V
V
V
V
V V
V
V
VVVVV
V
VV
V
V
V

V V V V V V V V V V VVVV
V
V

V V V V VVVVVVV

V V V V V V V V V V VVVVVVVV
XX
V V V

V V V V

VV V V V V
V
V
V
V
V
V
V
V
V
V
VV
V
V
V
V
V V
VVVV
V

VV V V V V V VVVVV

VVVVVVV
V
V
VV
POOL
POOL
POOL

POOL POOL
POOL
POOL
POOL

POOLPOOL
POOL
POOL
POOL
POOL
POOL
POOL
POOL
POOL
POOL
POOL
TANK
12601255
1265
12451250123512401230122012251215
1180117511651170
12201215121012051200119511901185
113011201125111011051100
114011451135
1115
117511801170
11601165115511501145
11201115111011051100109510901085
1125113011351140
1090
1100
10851080
1110111511201125113511401130
11051095
11651160
1140114511501155
1125
118511801175
11351130
1170
oo
oooo
DECK

TRAILER
POOL
10301025101010151020
CONC CONCo1136.4 1097.3
VVV
V
V
V
V
V V
V

XXXXXXXX XXXXXXXXXX

XXXXXXXXXXXXXXXXX

XXXXXXXXXXX
XXX

CONCXXXXXXX
VVV
VV
VVV
V
V

XXXXXXXXXXX

ERED BRUSH

SCATTERED BRUSH

SCATTERED BRUSH
1125.9
BRUSHBRUSH 1119.5
1115.4
1110.4
1111.6
1115.4
1127.6
1129.3
1134.5
1089.5
1094.2

VVVVVVVVVV
DECK
CONC1091.6
GNV

XXXXXXXXXXXXXXXXXXX
1145.4
1165.51164.4
1142.6
1142.6 BRUSH
1132.6VVV
V
V
V
V

XXXXXXXXXXXXXXX
XXX
XXXX
1166.6CONC
1162.7
1162.81163.1
1162.8
oV
1159.6
V V V
V
V
V
V
CONC1162.81160.7
1158.61158.4
1153.4
1154.2VVV VVV DECK
POOL
CONC1157.6
1161.4 1154.4
1152.51167.2
1150.5
1167.4
1168.3
1168.5
1106.7
XXX

XXXXXXBRUSH
1167.5
1171.4
1174.41175.5
1176.7
1178.3 1176.5
1180.3

XXXXXXXXXX
POOL
XXXXX
1180.2
1179.7

CONCCONC
CONC
1189.1 1186.8
1186.6
1187.6
1189.9 1184.4
1187.6

V VVVVVV
VVVV
V
V
V
V
X ooo
CONC
1178.4
1178.51177.4
1183.61179.3
1179.4 1180.8
1182.61183.2
1148.4
1140.7
1137.5
CONC
XXXXXX 1133.3
1134.41145.5
1134.51134.4 1146.6
V V VV
VV
V
V
V
POOLV
POOL
CONC
CONC
CONC
1139.4 1146.71146.8
1139.3 1147.3
V V
V
V
V
V V
1106.5
1149.5
POOL
V

XXXXXXXXXXXX
1173.5POOLCONC
V
V
1168.61172.6
1173.2
1173.5X

SCATTERED TREES
V
CONC

CONC GNV
GNV
1177.6
1176.9
1177.7
V V V
1150.6Xo
CONC
1151.4
1155.6
V
VV
GNV
X
GNV
GNV
1180.2
oo
1151.71151.3
ASPH
1151.6
1151.61149.6
1151.6 1151.81150.71150.6
XXXo
CONC
1211.41213.7
1215.6
1066.3XXXXXXXXXXXXX
1079.5
1082.4
1086.3
1154.2
X
1148.31147.6
1148.71148.9
1148.8
ooo
1153.9
XXX
CONC
1154.3
1154.21153.8
1155.5 VV
VVVV
V
V V V
1155.5
X
1151.6
CONC
1149.61150.6o
1132.6
1135.4
1130.4
1137.4
1138.4 1173.8
1120.5
1121.7
1123.41125.4
1128.61129.3
1131.5
1134.3
1139.5
1152.7
ASPH
X
1095.7

VVVVVVVVV
V
V
V
V
V
V
V
CONC
1095.8
1095.8
1094.7
VVVVVV
VV
V
V V
1095.3
XXXXX
CONCCONC1086.4
1083.6
1089.6 1089.9
X
V
o
CONC
CONC
X1081.6
1080.61080.6
1080.51080.5
1079.6
DECK
CONC
1073.6
1073.5
1072.81073.4 1069.7

VVVVVVVVVVVVV

VVVVVVV
VVVVV
GNV
GNV
1097.3ROCKS
1075.41073.51082.41079.51077.6 1071.51069.5
XXXX

XXXXXCONC
ooo
oooooooooooooooo
BRUSH
1108.6
1106.7
1107.3
CONC1104.7 oo
1112.61112.5
1112.1
1104.6
1111.9
V
V
V
V
V
1147.91136.9X
CONC
1103.6
1103.7V
V
V

V V V V V
1190.21189.91188.5
POOL
1183.2
V

ASPHASPH
1106.7
1151.5

SCATTERED BRUSH
1208.6
1207.8
1209.3
1209.1
1209.4

XXXXXXXX
TANK
1220.4
1221.4
1218.5
POOL
1120
1150
1130
165116011551145114011351125
1115
11151110
1125113511301120
11401145
1165116011551150
1110111511201125113011351145115011551140
11751170116011651180
1105
113511451150114011651160115511301125112011151110117011801175116511601155115011451140

SCATTERED BRUSH

SCATTERED ROCKS

SCATTERED ROCKS
CONC

SCATTERED ROCKS

SCATTERED BRUSH

SCATTERE
V
VV
V
GNV
GNV
1268.5
1268.7
1266.4
1262.71251.6
1174.5
1178.5
1180.2
1176.4
1274.4
1275.61268.5
1273.1
1272.9 1273.3
1284.8
1282.2 1265.5
1188.7 1184.1 1181.51186.4
1193.2
1190.4
1321.8
1321.6
1321.91327.5
1327.2
1326.9
1327.31327.4
1322.51326.4
1327.2
1228.6
1304.6
1299.4
1309.3
1292.61290.41286.71304.11309.1
1253.4
1248.7
1307.3
1303.5
1305.4
1198.5
1225.4
1238.6
1229.3
1238.5
1222.5
1271.5 1270.4 1273.3
1271.2

ASPHASPH
GNV DENSE TREES1271.41272.3
1271.71272.6
1272.91273.2
1273.7
1253.11253.3
ASPH1244.4
1242.3
1270.8
1270.4
1256.6
1245.41249.41253.2
GNV
1270.41274.8 1274.3
1274.4
1275.21274.7
1234.51231.5
1237.5
GNV
TREES
GNV
1232.41229.11227.2
ASPH
1237.5 1228.51225.4
1243.6
GNV
1247.7
1248.61250.5
1252.5
ASPH1240.6
1239.6
1253.3
CONC1252.7
1252.3 1244.4
1244.6
1252.61253.31244.5
GNV
1239.5
1245.4
1252.9
1252.8
1249.5
1251.7
1238.7CONC
1249.7
1250.4
1250.61250.8
1251.2
1250.81250.8
1184.5 1169.1
1184.5
1220.41219.8
1266.5
1268.5
1259.9
1259.5
1258.4
ASPH
GNV
1216.5
GNV
GNV
1192.3
1227.2
GNV
1223.41221.5
1238.6
1238.5
1226.6
1219.41216.51213.5
1228.11227.4
1209.5
1205.5
1201.5
1198.3
1196.4
1194.31190.5
1226.9
ASPH
1248.1
CONC1242.51241.21240.5
1243.8GNV

SCATTERED BRUSH
1232.41233.5
1235.51235.3
1237.6
BRUSH
1229.3
1235.4
1231.7
1241.41242.6
1239.7
1242.6
1246.7
1243.7
1245.3
1247.5
1139.71134.5
1134.5 1133.5
1134.2
1139.5
1154.81153.2CONC
1154.8
1154.3
1154.3
1149.4
ASPH
1152.5
1146.41145.2
GNV
ASPH
1145.61153.5
1138.61137.21135.51134.9GNV
1136.4
1137.6

DENSE TREES
1136.3
1135.5
POOL
1130.4
1129.7
1133.4
1129.41128.61128.11127.91127.6
1129.41132.61130.81130.71130.5
1130.6
1128.4
1127.3
1127.1
1128.5 1127.7
1139.7
ASPHCONC1146.1
1145.2 1146.6
1146.21145.3
GNV
1145.81146.51146.4
ASPH
GNV
1140.6 1141.3
1140.31141.31142.1
1137.5
GNV
GNV
1136.4
1140.21140.6 1137.5
1136.5
1137.6
ASPH

DENSE TREES
1128.5
ASPH1130.8
1131.1
1132.2
1131.71131.2
1132.11130.41129.11129.5
1126.7
1128.5
1128.4
1128.2
1127.5 1128.1
1128.11134.5
1130.51127.8 1121.5
1154.4
1159.5
GNV
1137.5
1179.4
1174.5
1169.4
1164.5
GNV1149.4 1153.61154.2
1144.5
1154.1
1140.31140.4
1139.5 1139.7
1168.8
1169.31169.61170.21172.4
GNV 1139.51139.6 1140.1 1145.4
1140.51140.31145.4
1141.3 1146.3
1183.1
1185.5
GNV 1140.31144.61145.41145.4
1144.7
1144.7
1145.2
1194.61191.7
1187.3

SCATTERED ROCKS

SCATTERED ROCKS
POOL
TANKS

DIRT PILE

DIRT PILE
POOL
1111.6
1110.4
1112.31113.41115.5
1114.4 1112.4
1112.41111.51110.5
1113.41112.4 1110.6
1110.3
1111.6
1113.4
1110.41111.51112.4
1100.3
1108.5
1109.6
1109.5
1108.9
1103.31102.3 1101.4
1109.5
1116.41117.51118.3
1119.31118.4 1116.5
1117.5
1115.4
1118.4
1116.31115.51114.41113.3
1114.2
1116.5 1115.41114.5
1120.5
1119.5
1118.81112.3
1121.5
1114.4
1120.3
1120.3
1120.5
1118.1
1121.5
1120.6
1120.71118.61119.3
1117.5
1124.31126.51127.2
1123.41124.61126.4
1116.6 1115.4
1119.4
1125.4
1125.6
1124.6
1124.61123.8
1123.4
1122.8
1122.6
1121.7
1128.2
1128.51130.5
1121.4 1120.4
1129.5
1129.5
1128.6
1128.3
1127.6
1127.3
1127.41126.4
1126.5
1132.41133.41135.4
1133.8
1132.5
1135.5
1132.6
1132.3
1123.5 1122.4
1130.31129.2
1131.51130.6
1130.4
1127.4
1131.3
1136.5
1133.51134.3
1132.7
1132.5
1132.61134.4
1133.6
1133.7
1126.7
1132.3
1131.9
1106.3 1105.41104.6
1111.61111.8
1120.4
1139.6
1136.4
1139.3
1114.2
1114.51115.51117.4
1113.6
1113.4 1113.6
1112.7
1111.3
1112.5
1114.5
1114.3
1113.5
1113.8 1115.21114.4
1114.4
1114.4
1114.6
1114.7
1115.5
1114.6
1115.5
1115.71116.6
1117.6
1116.5
1119.41118.5
1120.7
1121.6
1121.4
1121.5
1120.5
1118.2
1115.4
1115.31116.5
1116.2
1116.31117.5
1123.5
1126.5
1125.6
1116.8
1118.1
1119.5
1118.6
1119.5
1121.8
1123.2
1123.61124.6
1120.5
1120.41120.51119.8
1119.4
1121.51122.5
1126.41126.61126.8
1123.41124.5
1124.7
1125.6
1125.71126.8
1125.81127.6
1124.1
1123.41122.51121.5
1126.4
1126.3
1127.7
1127.31127.41128.2
1128.3
1128.6
1129.4
1129.4
1127.7
1132.51132.6
1125.21128.2
1128.2
1128.7
1127.71125.7
1124.7
1127.4
1129.3
1130.6
1130.5
1131.2
1131.4
1129.21128.21127.5
1126.3
1136.6
1137.41134.21136.41137.81136.8
1135.8
1133.3
1135.8
1135.4
1136.6
1137.2
1137.4
1136.4
1130.71132.2
1137.7
1136.5
1140.6
1138.7
1137.7
1116.7

XXXXXXX

XXXXXXXXXXXX

XXXXXXXXXXX
XXXXXX
X
XX
XXXXX
X

XXXXXXXXX
XXX

XXXXXXXXXXXX
XXX
XXXXX
X
XXXX
XXXX

XXXXXXXXXXXXXXXXXXXX
XXX
XX

XXXXXXXX
X XX

XX XXXXXXXXXXXXXXXXXXXXXXXX
XXX
X
XX
XX

XXXXXXXXXXXX
XXX
XX X

XXXXXX XXXXXXX

XXXXXXXXXX

XXXXXXX
XXXXX

XXXXXXXXX XXXXX

XXXXXXXXXXXXX

XXXXX XXXXXXXXXXXXXXXXXXX

XXXXXXXX

XXXXXXXXXXXXX

XXXXXXXXXXXXXXXXXXXX
XX
XXXXXX
V
VV
VVV
V V
V V V
V
VV

VVVVVVVVV
VV
VV
VVVV
V
V
V
V
VVVV
VVVV
V
V
X
oooooo
ooo
oooo
ooooooo
o
XXXXXX
POOL
POOLoo

XXXXXXX

XXXXXXXXX

CONCGNV
GNV
GNV
CONC
ASPH
CONC
GNV
GNV
ASPH
114511401150
11251130
1120
11801185119011951200120512101215
11701175
1115
1120112511301135

TRAILER
X
SHADOW
SHADOW
XXX
X
VVV
V
VVV
V
V
V
V
V

VVV VV V V VVVVV
V
V
V
V
V
V
VV
V
V
V
VVV
VV
V
V
V

XXXXXXXXX
oooo

V V V V V V V V V V

TRAILER
X
POOL

E B A R T O N R D

E H I L L T O P D R

E S K Y V I E W D R

S M O H A V E D R

T W I N C A N Y O N R D

T H O M P S O N D R

T O W N S E N D D R

G L E N D O R A D R

T O W N S E N D D R

G L E N D O R A D R

E W E S T W O O D S T

L A U R E L W O O D A V E

E W E S T W O O D S T

M Y R T L E W O O D L N

R E C H E C A N Y O N R E C H E C A N Y O N

S C A H U I L A S T

E S K Y V I E W D R

S M O H A V E D R

S L A U R E L W O O D A V E

S W A L T E R C T
XX
GNV
1163.7
1156.5
1137.5
1135.9
XXXX
1224.7
1153.6ooo
1225.7
1146.3
1141.4
1170.4
1150.4
1188.1
1190.7
1202.7
1210.6
1218.7
1217.3
1224.71222.6SCATTERED BRUSH
1221.6
1136.2
XXXXXX
1147.3 X
1151.7
1151.5
CONC
1153.2
1155.51153.1
1157.71155.4
CONC
1157.51158.1
1152.5
1139.51142.51149.4CONC
1143.9
1135.8
1136.2
1146.2
1146.5
CONC
1141.51138.51150.1
1146.51151.2
1141.21141.3
1140.71139.61141.3
1145.81151.6
1147.6
1149.6
ASPH
GNV
oo
1152.5
1216.1 BRUSH
1218.91217.3
GNV
1219.4

SCATTERED BRUSH
1139.5
1224.9
1207.3
1224.5
1225.5
1211.31220.4
1140.51139.6
1149.5
1147.3
1150.5
1142.5
1155.5
1160.4
1143.8
1200.3 ASPH1200.31196.4 CONC1213.31214.6
VV V1182.6
V
V
V

VV V V V V V

V V V V VV
V
V

VV V V V V V V V V
1169.3XX
ooo1169.71171.6
1169.8
1170.5
1167.61168.6
1163.7
1162.6
1169.61166.41164.5
1169.5CONC
1171.91170.6
1165.7CONC
1172.6
1174.4
1174.4
1171.4
1171.5
1168.5
1168.41171.71170.8
1171.7
1168.8
1175.5
1174.5
1180.4
SCATTERED BRUSH1225.4
1221.6

SCATTERED BRUSH
GNV
1177.41177.5
1184.5
1179.6
1184.31182.2
1186.3
1224.4GNV
1223.9
1225.5
1223.5
1222.3
1221.5
1224.11223.21222.6
1181.7CONC
1181.8
ASPH
1179.4
1182.51191.5
1179.7
XXXX
XXXXX
o
1159.41160.31159.7
1158.8
1158.5
1156.71155.6
1157.6
ooooo
1154.21153.71165.3
1160.6
1158.6CONC
XX
CONC
1161.4
1160.81161.1
1160.7
1160.4 1159.1
1161.6
1149.5
ASPH
XXXX
XXXXX
1159.7
1162.31154.5
XXCONC
1162.4
1153.7CONC
1159.2
1165.3
1160.6
1163.61162.7
1164.1
CONC
1164.1XX
1159.3o
1176.4
1170.4
1175.2
1174.91165.6VV
V
V
1175.3
1175.6
XX
XXXX
GNV
X
GNV
GNV
GNV
GNV
CONC
1197.6
GNV
XXXX

XXXXXXX
1188.71188.6
1188.6
1182.8
1189.5 XXXX
1182.3
1200.3
1213.4
1213.7
1200.4
V
V
VVV
X
CONC
V
1197.4
1198.8
1176.6
1201.2
1200.8
1182.4
CONC
1189.3
XX

ASPHCONC
1201.4
1213.1
1214.1
1214.4
1213.7CONC
GNV
1144.4
1153.5
1217.3XXXXXXXXXXXXXX
1191.21189.4
1217.3
1215.4 1199.51193.6
1186.51186.7
1191.5 1202.4CONC
1216.7 1218.4
1220.51217.11217.4
1203.71210.51217.21217.3
1213.5
1176.3GNV
1224.3
1224.8 1213.8CONC
1225.4
1215.4
1213.9
1213.9CONC
CONC
1224.81225.4
1215.51215.3
1223.7
1223.5
1224.4
1220.4V V
1224.4
1224.61222.7
CONC 1224.6
1224.4
1200.4
1202.4
1214.1XX
1235.41233.51227.61226.6
1233.71232.6
1233.3
1234.91233.71235.1
1234.4
1231.6
1231.9
1229.4
1233.7
1228.81226.61230.5
1229.71231.5
1235.41237.2
1235.31234.8
1235.7
1235.4
1232.5
1235.6
1226.5
1226.61227.8
1227.3

DENSE TREES

XXXXXXXX
1236.5
1234.6
1232.51233.6
1233.4
1237.9
1237.51238.5
1233.41235.1
1234.6

DENSE TREES
o
1228.1
ooooooo GNV GNV
GNV
1146.4
1105.5
oo
1088.5
1096.6
1124.5
1119.5
1113.4
VVV
GNV1128.4
GNV
1129.5CONC1135.7
1136.3
1136.2
1136.1
ooCONC
1134.6CONC1135.5
1140.61143.4
CONC
1176.8
1151.51151.5
1159.6
GNV
CONC
1163.7
1165.4
1166.11166.4
1165.5
1165.8
1165.8
1161.4
1162.6
1165.61164.7GNV
1162.6
XXXXXX

XXX XXXXXXXXXXXXXXXXXX
XXX
XX

XXXXXXXX
V
V
V
V
V
V V
V V
V
1102.5
1091.4
1102.5
1099.6
1103.5
1093.61094.5
1104.41105.5
1095.5
1106.4
1096.5
1107.3
1097.4
1101.51103.51102.4
1173.3
1104.21104.41104.41102.3
1119.6
1108.4
1098.4
1110.1
1099.2
1109.3
1106.41107.51108.5
1105.31106.7
1108.4
1107.21107.8
1108.3
1111.1
1107.3
1226.4
1171.71172.4
1172.9
1169.4
1165.41179.6
1171.71172.3
1187.4
1173.0
1130.31121.4
1136.5
1172.51138.6
1151.2
1171.5
1195.8
1226.3
1226.1
1202.4
1209.3
1168.61138.8
1159.5
1153.3
1170.7
1116.51115.3
1138.4
1116.4
1138.21137.5
1131.51125.3
1150.1
1130.4
1125.1
1121.3
1127.2
ROCKS
ROCKS
CONC
ASPH
BRUSH
BRUSH
BRUSH

DENSE TREES
GNV

DENSE TREES
GNV
GNV
VV
V
V
V
V
V
VV
V
V
V
V
V
VVVV
VV
V
V

V V V V V V
V
V
V
V
V
V
V
XXXX

XXXXXXXXXXXXX

V V V V V V V V V VV VV
V
V
V
V
V
V
V V V
V V

VVVVVVVV

VVVVVVV
XXXXX
V
V
V
V
V
V
V
V

XX XXXXX
XXXX
V
V
V
V
V
V
V
V

VVVVVVVVVVVV
VVVV
VVVVV
VV
VVV
V
V
VVVVV
XXX

XXXXXXXXXXXXX
XX
VV
V
V V
VV
VV
POOL
XX
XXXX
V
POOL
122012151225
1205121012001195119011851180
1230
121512101205
1170
1185119011951200
1180
11501155116011651175
1220
120512101215
118011751170
1185119011951200
11301125
117011651160115511501145
1105111011151120
11351140
11451150
1140
POOL
POOL
POOL

POOLPOOL
994.6
102 1107.7
107 1170.3
OHE
OHE
OHE

OHEOHEOHE OHE OHEOHEOHEOHEOHEOHEOHE
HE
OHE
OHE
OHE
OHE
1025.76FS
1026.22FS
1027.09FS
1028.04FS
1027.49SMH
1027.67EP
1025.73SMH
1025.64EP
1025.93EP
FS104
FL ACAC1084.64AC1081.37
AC1078.04
FL AC1076.89FL AC1080.39
AC1074.85 AC1064.65AC1071.48AC1068.24 AC1061.35
FL AC1060.09FL AC1063.43FL AC1066.83FL AC1070.161073.56 AC1045.10AC1048.54
AC1055.05
AC1051.81
AC1058.29
FL AC1047.25
FL AC1043.86
FL AC1050.48FL AC1053.87FL AC1056.93
AC1042.18
FL AC1040.88
1031.16
AC1033.11
AC1035.26
AC1037.38
AC1039.67
FL AC1038.28FL AC1036.80

FL CMP INLE
1035.55
FL AC1033.59
FL AC1031.54AC
FL AC1029.57
AC1027.92
AC1028.89
AC1029.95FL AC1028.40
FL AC1027.94
FL AC1027.21
FL AC1027.26
1026.01FS AC1038.11
AC1027.43
AC1026.42
1026.65
AC
EP1025.541025.69
1025.53
AC62.06FL AC1063.97
FL AC1068.16
FL AC1070.78
FL AC1073.51
FL AC1079.91
FL AC1087.03
8 9
10 12
13 14
15 16
16 20
20 20
21 212121
25 26
25 2831
32 31
31 31
37 3737
29 29
33 33

BARTON ROAD

STREET D

STREET E

STREET F

STREET G

STREET D
HILLTOP DR.

STREET C

STREET B

STREET A

STREET J STREET H

STREET I

WESTWOOD ST
LOT A
LOT B
LOT C

REMAINDER PARCEL
LOT D
LOT H
LOT E
LOT G
LOT F
LOT K
LOT I
LOT J
PARK
PARK
PARK

DETENTIONBASIN

DETENTIONBASIN
SKYVIEW DR.

STREET K

STREET L
LOT L
TTM 16798-1
TTM 16798-2
TTM 16798-3
TTM 16798-4
TTM 16798-5
SUBSTANTIAL CONFORMANCE EXHIBITTENTATIVE TRACT MAP 16798CITY OF COLTON EASEMENTS:

1.WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT DISCLOSED BY THE PUBLICRECORDS.2.A RIGHT OF WAY FOR DITCHES AND CANALS AS RESERVED BY THE UNITED STATES OF AMERICA INTHE PATENT RECORDED IN BOOK H, PAGE 369 PATENTS.AFFECTS:PARCELS 5, 6, 7, 8, 9 AND 10. BLANKET IN NATURE OVER THE SW 1/4 SECTION 343.EASEMENT(S) FOR THE PURPOSE(S) SHOWN BELOW AND RIGHTS INCIDENTAL THERETO, ASGRANTED IN A DOCUMENT: GRANTED TO:MATTHEW GAGEPURPOSE:WATER AND CANAL RECORDING NO:BOOK 38, PAGE 521 DEEDSAFFECTS: PARCELS 3 AND 4; NOT PLOTTABLE PER RECORD4.EASEMENT(S) FOR THE PURPOSE(S) SHOWN BELOW AND RIGHTS INCIDENTAL THERETO, ASGRANTED IN A DOCUMENT:GRANTED TO:RIVERSIDE HIGHLAND WATER COMPANYPURPOSE:PIPELINES AND CONDUITS RECORDING NO: BOOK 332, PAGE 365 DEEDSAFFECTS:PARCELS 3 AND 4; NOT PLOTTABLE PER RECORD7.EASEMENT(S) FOR THE PURPOSE(S) SHOWN BELOW AND RIGHTS INCIDENTAL THERETO, ASGRANTED IN A DOCUMENT: GRANTED TO:RIVERSIDE HIGHLAND WATER COMPANYPURPOSE:PIPELINES, INGRESS AND EGRESS RECORDING NO: BOOK 332, PAGE 283 DEEDSAFFECTS:PARCELS 1 AND 2; NOT PLOTTABLE PER RECORD8.EASEMENT(S) FOR THE PURPOSE(S) SHOWN BELOW AND RIGHTS INCIDENTAL THERETO, ASGRANTED IN A DOCUMENT:GRANTED TO: METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIAPURPOSE: ELECTRIC TRANSMISSION LINERECORDING NO: BOOK 938, PAGE 146 OFFICIAL RECORDSAFFECTS:PARCELS 1 AND 2. PLOTTED HEREON9.EASEMENT(S) FOR THE PURPOSE(S) SHOWN BELOW AND RIGHTS INCIDENTAL THERETO, ASGRANTED IN A DOCUMENT:GRANTED TO:SOUTHERN CALIFORNIA EDISON COMPANYPURPOSE:PUBLIC UTILITIESRECORDING NO:BOOK 1867, PAGE 160 OFFICIAL RECORDSAFFECTS:PARCELS 5, 6 AND 8. PLOTTED HEREON10.EASEMENT(S) FOR THE PURPOSE(S) SHOWN BELOW AND RIGHTS INCIDENTAL THERETO, ASGRANTED IN A DOCUMENT:GRANTED TO:SOUTHERN CALIFORNIA EDISON COMPANYPURPOSE:PUBLIC UTILITIES, INGRESS AND EGRESS RECORDING NO: BOOK 1863, PAGE 402OFFICIAL RECORDSAFFECTS:PARCELS 1, 2 AND 5. PLOTTED HEREON12.EASEMENT(S) FOR THE PURPOSE(S) SHOWN BELOW AND RIGHTS INCIDENTAL THERETO, ASGRANTED IN A DOCUMENT:GRANTED TO:SOUTHERN CALIFORNIA EDISON COMPANYPURPOSE:PUBLIC UTILITIES AND ACCESSRECORDING NO:BOOK 3703, PAGE 591 OFFICIAL RECORDSAFFECTS:PARCEL 2. PLOTTED HEREON13.MATTERS CONTAINED IN THAT CERTAIN DOCUMENTENTITLED:AGREEMENTRECORDING DATE:JULY 2, 1956RECORDING NO:BOOK 3977, PAGE 103 OFFICIAL RECORDSAFFECTS:PARCELS 1 AND 2. AFFECTED LIMITS AS DESCRIBED PLOTTED HEREON.14.EASEMENT(S) FOR THE PURPOSE(S) SHOWN BELOW AND RIGHTS INCIDENTAL THERETO, ASGRANTED IN A DOCUMENT:GRANTED TO:GAGE CANAL COMPANYPURPOSE:PIPELINES, CONDUITS AND INGRESS AND EGRESS RECORDING NO:BOOK 4098, PAGE 22 OFFICIAL RECORDSAFFECTS:PARCEL 3. BLANKET IN NATURE15.EASEMENT(S) FOR THE PURPOSE(S) SHOWN BELOW AND RIGHTS INCIDENTAL THERETO, ASGRANTED IN A DOCUMENT:GRANTED TO:WILLIAM J. CONKLIN AND FRANCES M. CONKLIN, HUSBAND ANDWIFE PURPOSE:INGRESS AND EGRESSRECORDING NO:BOOK 4225, PAGE 271 OFFICIAL RECORDSAFFECTS:PARCELS 2 AND 3. PLOTTED HEREON16.EASEMENT(S) FOR THE PURPOSE(S) SHOWN BELOW AND RIGHTS INCIDENTAL THERETO, ASGRANTED IN A DOCUMENT:GRANTED TO:SOUTHERN CALIFORNIA EDISON COMPANYPURPOSE:PUBLIC UTILITIES AND ACCESSRECORDING NO:BOOK 4351, PAGE 72 OFFICIAL RECORDSAFFECTS:PARCEL 2. PLOTTED HEREON PLOTTABLE EASEMENTS ARE SHOWN FROM AN OWNER-SUPPLIED TITLE REPORT INDICATED BY A " ",NON-PLOTTABLE EASEMENTS ARE INDICATED BY " " ALL WITHIN THE "EXCEPTION" ITEMS OF THE TITLEREPORT.17.EASEMENT(S) FOR THE PURPOSE(S) SHOWN BELOW AND RIGHTS INCIDENTAL THERETO, ASGRANTED IN A DOCUMENT:GRANTED TO:MARY ANNE HARRINGTONPURPOSE: PUBLIC UTILITIES, INGRESS AND EGRESS RECORDING NO: BOOK 5242, PAGE 486OFFICIAL RECORDSAFFECTS:PARCEL 5. THE EXACT LOCATION AND EXTENT OF SAID EASEMENT IS NOT DISCLOSEDOF RECORD.20.EASEMENT(S) FOR THE PURPOSE(S) SHOWN BELOW AND RIGHTS INCIDENTAL THERETO, ASGRANTED IN A DOCUMENT:GRANTED TO:SOUTHERN CALIFORNIA EDISON COMPANYPURPOSE: PUBLIC UTILITIES, ACCESS ROADS, INGRESS AND EGRESS RECORDING NO: BOOK6276, PAGE 161 OFFICIAL RECORDS AFFECTS:PARCELS 1 AND 2. PLOTTED HEREON.21.AN ACTION STARTED JULY 31, 1975, IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, CASE NO. 167102. PLAINTIFF:GRAND TERRACE SANITATION DISTRICT, ASSESSMENT DISTRICT NO. 1 PURPOSE: TO CONDEMN AN EASEMENT.SAID ACTION WAS RECORDED IN BOOK 8737, PAGE 713 OFFICIAL RECORDS.AFFECTS:PARCELS 1, 2, 3, 4 AND 5.24.THE OWNER'S CERTIFICATE SHOWN ON THE MAP AS REFERRED TO IN THE LEGAL DESCRIPTIONRECITES, IN PART:WE ALSO HEREBY GRANT TO THE COUNTY OF SAN BERNARDINO, THE PRIVILEGE AND RIGHTTO EXTEND AND MAINTAIN DRAINAGE STRUCTURES, 1-1/2 TO 1 EXCAVATION SLOPES, AND 1-1/2TO 1 EMBANKMENT SLOPES UPON ALL OF THOSE CERTAIN LOT AREAS WHERE SAID SLOPES OREMBANKMENTS, OR DRAINAGE STRUCTURES EXTEND BEYOND THE LIMITS OF THE DEDICATEDRIGHTS OF WAY INCLUDED WITHIN SAID TRACT WHEREVER REQUIRED FOR THE CONSTRUCTIONAND MAINTENANCE OF ROAD BED, OCCUPYING THE FULL WIDTH OF SAID PORTIONS; ALSO THEPRIVILEGE AND RIGHT TO PLANT AND MAINTAIN GRASS, PLANTS, AND/OR TREES ON SAID SLOPESFOR SOIL EROSION PROTECTION OF SAME.25.EASEMENT(S) FOR THE PURPOSE(S) SHOWN BELOW AND RIGHTS INCIDENTAL THERETO, ASGRANTED IN A DOCUMENT: GRANTED TO:CITY OF COLTONPURPOSE:WATER SERVICESRECORDING DATE:SEPTEMBER 7, 1984RECORDING NO:84-215357 OFFICIAL RECORDSAFFECTS: PARCEL 2. PLOTTED HEREON26.EASEMENT(S) FOR THE PURPOSE(S) SHOWN BELOW AND RIGHTS INCIDENTAL THERETO, ASGRANTED IN A DOCUMENT:GRANTED TO:CITY OF COLTONPURPOSE:PUBLIC UTILITIESRECORDING DATE:SEPTEMBER 7, 1984RECORDING NO:84-215358 OFFICIAL RECORDSAFFECTS:PARCEL 5. PLOTTED HEREON27.EASEMENT(S) FOR THE PURPOSE(S) SHOWN BELOW AND RIGHTS INCIDENTAL THERETO, ASGRANTED IN A DOCUMENT:GRANTED TO:COUSSOULIS REALTY COMPANY, A CALIFORNIA CORPORATION; MARTIN A.MATICH, A MARRIED MAN, AS HIS SOLE AND SEPARATE PROPERTY; ANDDERLE R. RIORDAN, TRUSTEE UNDER TRUST AGREEMENT OF JANUARY15, 1974PURPOSE:ROAD AND EMERGENCY FIRE ACCESSRECORDING DATE:SEPTEMBER 26, 1985RECORDING NO:85-237480 OFFICIAL RECORDSAFFECTS:PARCELS 1, 2, 3 & 4. 20' WIDE ESMT OVER WATER LINES AND SEWER LINES,UNKNOWN. AND 30' WIDE EMERGENCY FIRE ACCESS ROAD PURPOSES, BELIEVED TO BE ONHILLTOP DR.28.EASEMENT(S) FOR THE PURPOSE(S) SHOWN BELOW AND RIGHTS INCIDENTAL THERETO, ASGRANTED IN A DOCUMENT:GRANTED TO:METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIAPURPOSE:ELECTRIC TRANSMISSION LINESRECORDING NO:BOOK 900, PAGE 294 OFFICIAL RECORDSAFFECTS:PARCEL 6. PLOTTED HEREON29.EASEMENT(S) FOR THE PURPOSE(S) SHOWN BELOW AND RIGHTS INCIDENTAL THERETO, ASGRANTED IN A DOCUMENT:GRANTED TO:JAMES SULLIVAN MUTUAL WATER COMPANYPURPOSE:WELLSITE, ROAD AND UTILITYRECORDING NO:BOOK 5897, PAGE 79 OFFICIAL RECORDSAFFECTS:PARCELS 7 AND 10. PLOTTED HEREON.31.EASEMENT(S) FOR THE PURPOSE(S) SHOWN BELOW AND RIGHTS INCIDENTAL THERETO, ASGRANTED IN A DOCUMENT: GRANTED TO:SOUTHERN CALIFORNIA EDISON COMPANY, A CORPORATIONPURPOSE:PUBLIC UTILITIESRECORDING NO:BOOK 6551, PAGE 704 OFFICIAL RECORDSAFFECTS:PARCEL 6. PLOTTED HEREON32.EASEMENT(S) FOR THE PURPOSE(S) SHOWN BELOW AND RIGHTS INCIDENTAL THERETO, ASGRANTED IN A DOCUMENT:GRANTED TO:WARREN C. ALLINGHAM AND MAXINE S. ALLINGHAM, HUSBAND AND WIFEPURPOSE: ROAD AND UTILITYRECORDING NO:BOOK 7174, PAGE 234 OFFICIAL RECORDS AFFECTS:PARCEL 9. PLOTTED HEREON33.VARIOUS EASEMENTS AND AGREEMENTS AS SET FORTH IN THE DEED FROM JAMES SULLIVAN, ANUNMARRIED MAN TO JAMES SULLIVAN MUTUAL WATER COMPANY, A CALIFORNIA CORPORATION,RECORDED IN BOOK 8491, PAGE 1048, OFFICIAL RECORDS AS DESCRIBED THEREIN.AFFECTS:PARCEL 7. PLOTTED HEREON37.EASEMENT(S) FOR THE PURPOSE(S) SHOWN BELOW AND RIGHTS INCIDENTAL THERETO, ASGRANTED IN A DOCUMENT: GRANTED TO:SOUTHERN CALIFORNIA EDISON COMPANY, ACALIFORNIA CORPORATIONPURPOSE:A TEMPORARY NON-EXCLUSIVE EASEMENT FOR CONSTRUCTION-RELATEDPURPOSES RECORDING DATE:FEBRUARY 12, 2018RECORDING NO:2018-0050515 OFFICIAL RECORDSAFFECTS:PARCELS 1 & 2. PLOTTED HEREON

1.1.e
Packet Pg. 158
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills Tentative Tract Map No. 16798 and Development Agreement)

EXISTINGPROPERTYBOUNDARY

EXISTINGPROPERTYBOUNDARY
EVA
EVA

EXISTINGPROPERTYBOUNDARY

EXISTINGPROPERTYBOUNDARY
EVA

EXISTINGPROPERTYBOUNDARY
TENTATIVE TRACT MAP 16798APPROVED 2012
4/19/2023 SHEET 1 OF 1LEGENDTTM 16798ROADWAY(2012)SUBSTANTIALCONFORMANCETTM 16798 ROADWAY(2020)

EXISTINGROADWAY
SUBSTANTIAL CONFORMANCETENTATIVE TRACT MAP 16798REVISED 2020

PROPOSEDPARKS

1.1.e
Packet Pg. 159
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4468 : Appeal - Amendment of Iron Horse Hills

1 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 RESOLUTION NO. R-26-24

A RESOLUTION OF THE OF THE CITY OF COLTON CITY COUNCIL

UPHOLDING THE PLANNING COMMISSION DECISION DENYING
AMENDMENT TO TENTATIVE TRACT MAP NO. 16798 (CASE INDEX NO. DAP -001-343 AND 643) WHICH INCLUDES THE DEVEL OPMENT OF 184 SINGLE-FAMILY DETACHED RESIDENTIAL UNITS, AS WELL

AS THREE PARKS, OPEN SPACE, DETENTION BASINS, AND OTHER RELATED INFRASTRUCTURE THROUGHOUT THE 119.6 -ACRE SITE

LOCATED IN THE RECHE CANYON SPECIFIC PLAN , ESTATE ZONE (FILE INDEX NO. DAP24-0013)

WHEREAS, an application has been submitted for an Amendment to Tentative Tract Map No. 16798 (Case Index No. DAP -001-343 and 643 “Project”) which includes the development of 184 single -family detached residential units, as well as three parks, open space, detention basins, and other related infrastructure throughout the 119.6 -acre site. (APN:

APNs: 0164-471-01, 0164-231-36, 0276-372-03-04-09 and 0282 -192-09, 15, 23, 24, 45 and 46); and

WHEREAS, on April 25 , 20 23, the Planning Commission held a Communi ty Meeting and Study Session and all persons wishing to provide comments regarding the proposed Project were heard; and

WHEREAS, on November 2 8, 202 3, and February 13, 2024 the City of Colton Planning Commission conducted a public hearing on the applicati on and all persons wishing to testify in connection with the application were heard, a nd the application s were comprehensively reviewed. The Planning Commission denied the Amendment to Tentative Tract Map No. 16798 based o n traffic and circulation concern s voiced at the February 13, 2024, public hearing, which was carried forward in final vote for the project; and

WHEREAS, On March 19, 2024, the City Council of the City of Colton conducted a public hearing on the application and all persons wishing to te stify in connection with the application were heard, and the applications were comprehensively reviewed; and

WHEREAS, the Planning Commission and City Council have reviewed and considered the Addendum prior to denying the Amendment to Tentative Tract Ma p No. 16798; and

1.1.f
Packet Pg. 160
Attachment: Attachment 4_City Council RESOLUTION R-26-24_Draft (4468 : Appeal - Amendment of Iron Horse Hills Tentative Tract Map No.

2 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 WHEREAS, all other legal prerequisites t o the adoption of this Resolution have occurred.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Colton does hereby find, determine and declare as follows:

SECTION 1. State CEQA Guidelines section 15061 (b) (4) exempts the project from the California Environmental Quality Act (CEQA) since the project will is being re jected or disapproved by the public agency.

SECTION 2. Based on the entire record before the City Council and all written and oral evidence presented, the City Council hereby makes the following findings for denial of appeal request upholding the Plan ning Commission decision of Tentative Tract Map No. 16798:

a. The proposed subdivision is or is not designed, to th e extent feasible, to provide for passive or natural heating or cooling opportunities because the subdivision layout provides an east to west orientation and adequate location of window placement to provide passive and natural heating and cooling opportunities.
b. The proposed subdivision and the provisions for its design and improvement are or are not consistent with the General Plan for the City of Colton ("General Plan")

c. The Tentative Tract Map No. 16798 residential subdivision, including amendment ther eto, does or does not provide for land uses compatible with the Reche Canyon Residential Estate land use designation for the Subject Site in the General Plan.

d. The Subject Site is or is not physically suitable for the type and density of development proposed in the Tentative Tract Map No. 16798

e. The subdivision design and type of improvements proposed in the Tentative Tract Map No. 16798, including amendment thereto, are or are not likely to cause serious public health problems because all development and public improvements will not be performed per the requirements of

1.1.f
Packet Pg. 161
Attachment: Attachment 4_City Council RESOLUTION R-26-24_Draft (4468 : Appeal - Amendment of Iron Horse Hills Tentative Tract Map No.

3 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 all applicable standards and codes, including the zoning, building codes and in compliance with the General Plan.

f. The subdivision design and type of improvements proposed in the Tentative Tract Map No. 16798, are or are not in conflicts with easements or future dedications for developing the Subject Site.

g. The discharge of waste into an existing sewer system from development proposed in the Tentative Tract Map No. 16798 and proposed amendmen t will or will not cause a violation of existing requirements prescribed by the local water quality control board.

h. The subdivision design and improvements proposed in the Tentative Tract Map No. 16798 and proposed amendment are located within a U.S. Fish and Wildlife Service (USFWS) designated critical habitat for the Coastal California Gnatcatcher (CAGN) could or could not be mitigated.

SECTION 3. Based upon the findings set forth in Sections 1 a nd 2 of this Resolution, the City Council hereby approves/denies (1) Tentative Tract Map No. 1 6798 and (if approved , then use following senten ce) accompanying maps, subject to the attached Conditions of Approval (Exhibit “A”).

SECTION 4. Pursuant to California Government Code Section 65865, the City Council hereby approves/denies of the Amendment to Tentative Tentative Tract Map No. 16798 submitted Iron Horse Hills LLC, an Arizona li mited liability company, (use following statement if approved) subject to conditions of approval attached as Exhibit “A”.

SECTION 5. The City Clerk shall certify to the adoption of this Resolution.

SECTION 6. This Resolution shall become effective immediately upon its adoption.

PASSED, APPROVED AND ADOPTED this __day of ___, 2024.

_______________
______________
FRANK NAVARRO, Mayor

1.1.f
Packet Pg. 162
Attachment: Attachment 4_City Council RESOLUTION R-26-24_Draft (4468 : Appeal - Amendment of Iron Horse Hills Tentative Tract Map No.

4 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 ATTEST:

______________________________
STEPHANIE M. VARGAS
Deputy City Clerk

1.1.f
Packet Pg. 163
Attachment: Attachment 4_City Council RESOLUTION R-26-24_Draft (4468 : Appeal - Amendment of Iron Horse Hills Tentative Tract Map No.

5 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 EXHIBIT “A”

CONDITIONS OF APPROVAL
Only to be added if approved.

1.1.f
Packet Pg. 164
Attachment: Attachment 4_City Council RESOLUTION R-26-24_Draft (4468 : Appeal - Amendment of Iron Horse Hills Tentative Tract Map No.

1 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 RESOLUTION NO. R-27-24

A RESOLUTION OF THE OF THE CITY OF COLTON CITY COUNCIL
APPROVING AMENDMENT TO TENTATIVE TRACT MAP NO. 16798
(CASE INDEX NO. DAP -001-343) WHICH INCLUDES THE
DEVELOPMENT OF 184 SINGLE -FAMILY DETACHED RESIDENTIAL

UNITS, AS WELL AS THREE PARKS, OPEN SPACE, DETENTION

BASINS, AND OTHER RELATED INFRASTRUCTURE THROUGHOUT
THE 119.6 -ACRE SITE OVERTURNING THE PLANNING
COMMISSION’S DECISION AND MAKING FINDINGS PURSUANT TO
PUBLIC RESOURCES CODE SECTION 21166 TO ADOPT THE

ADDENDUM TO THE IRON HORSE HILLS RESIDENTIAL PROJECT
EIR (STATE CLEARINGHOUSE NO. 2005041028) . (FILE INDEX NO.

DAP24-0013)

APNs: 0164-471-01, 0164-231-36, 0276-372-03-04-09 and 0282-192-09, 15, 23, 24, 45 and 46); and

WHEREAS, on April 25 , 20 23, the Planning Commission held a Community Meeting and Study Session and all persons wishing to provide comments regarding the proposed Project were heard; and

WHEREAS, on November 28, 2023, and February 13, 2024 the City of Colton Planning Commission conducted a public hearing on the application and all persons wishing to testify in connection with the application were heard, and the applications were comprehensively reviewed. The Pla nning Commission denied the Amendment to Tentative Tract Map No. 16798 based on traffic and circulation concerns voiced at the February 13, 2024, public hearing, which was carried forward in final vote for the project; and

1.1.g
Packet Pg. 165
Attachment: Attachment 5_City Council RESOLUTION R-27-24_Draft (4468 : Appeal - Amendment of Iron Horse Hills Tentative Tract Map No.

2 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 the Iron Horse Hills Residenti al Project, which includes Tentative Tract Map No. 16798, (hereinafter referenced as the “Project”) and as part of its approval of the Project, the City Council adopted Findings of Fact, Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Program for the Project; and

WHEREAS, on March 19, 2024 the City of Colton City Council conducted a public hearing on the application and all persons wishing to testify in connection with the application were heard, and the applications were comprehensively reviewed.

WHEREAS, the City has evaluated the pro posed amendments to the Project, including the Amendment to Tentative Tract Map No. 16798 , in lig ht of the standards for subsequent environmental review outlined in Public Resources Code section 21166 and State CEQA Guidelines section 15162, and concluded that the proposed changes would not result in new significant environmental effects or a substantial increase in the severity of previously identified significant effects that were previously disclosed in the certified EIR, and therefore no subsequent EIR or mitigated negative declaration is required, and

WHEREAS, the propo sed changes would nonethele ss necessitate minor changes or additions to the certified EIR and thus, in full compliance with CEQA, the City has prepared an Addendum for the Project (Addendum), attached as Exhibit A to the certified EIR pursuant to State CEQ A Guidelines section 15164 to address the changes in environmental effects associated with the minor changes to the Project, and

WHEREAS, the City Council has reviewed and considered the Addendum prior to approving the Amendment to Tentative Tract Map No. 16798; and

WHEREAS, all other legal prerequisites t o the adoption of this Resolution have occurred.

NOW, THEREFORE, BE IT RESOLVED that the City Co uncil of the City of Colton does hereby find, determine and declare as follows:

1.1.g
Packet Pg. 166
Attachment: Attachment 5_City Council RESOLUTION R-27-24_Draft (4468 : Appeal - Amendment of Iron Horse Hills Tentative Tract Map No.

3 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 SECTION 1. State CEQA Guidelines section 15164 requires lead agencies to prepare an addendum to a previously certified EIR if some changes or additions to the project are necessary, but none of the conditions requiring preparation of a subsequent EIR are present.

The City Council has reviewed and considered the administrative record, including but not limited to the previously certified EIR and the Addendum, which are all incorporated by reference as though set forth fully herein, and find s that those document s taken togethe r contain a complete and accurate reporting of all the environmental impacts associated with the Project changes. The City Council further finds that the Addendum and the administrative record have been completed in compliance with CEQA, the State CEQA Gu idelines, and the City’s Local Guidelines. The City Council finds and determines that the Addendum reflects the City’s independent judgment.

Furthermore, when taking subsequent discretionary actions in f urtherance of a project for which an EIR has been certified, the City is required to review any changed circumstances under Public Resources Code section 21166 and State CEQA Guidelines section 15162 to determine whether additional environmental review is required. Based on the substantial evidence set forth in the administrative record, including but not limited to certified EIR and the Addendum, the City Council finds that none of the conditions under State CEQA Guidelines section 15162 requiring subsequent environmental review have occurred because the Project changes:

a) do not constitute substantial changes that would require major revisions to the 2006 Final EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; and b) do not constitute substantial changes with respect to the circumstances under which the project was dev eloped that would require major revisions of the EIR due to the involvement of new sig nificant environmental effects or a substantial increase in the severity of the previously identified significant effects; and c) do not present new information or substantial importance that was not known and could not have been known with the exercise of reasonable diligence at the time the EIR was certified, showing any of the following: (i) that the project would have one or more significant effects not discussed in t he earlier environmental documentation; (ii) that significant effects previously examined would be substantially more severe than shown in the earlier environmental documentation; (iii) that mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects, but the applicant declined to adopt such measu res;

1.1.g
Packet Pg. 167
Attachment: Attachment 5_City Council RESOLUTION R-27-24_Draft (4468 : Appeal - Amendment of Iron Horse Hills Tentative Tract Map No.

4 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 or (iv) that mitigation measures or alternatives considerably different from those previously analyzed would substantially reduce one or more significant effects on the environment, but which the applicant declined to adopt.

Pursuant to CEQA and State CEOA Guidelines, the City Council hereby adopts the foregoing findings and adopts the Addendum attached as Exhibit A.

The Planning Commission directs staff to file a Notice of Determination within five (5) days of the adoption of this Resolution with the County Clerk.

SECTION 2. Based on the entire record before the City Council and all written and oral evidence presented, the City Council hereby makes the following findings for approval of Tentative Tract Map No. 16798:

The project materials and construction will be required to comply with all current California Codes including energy effic ient standards and green code requirements.
b. The proposed subdivision and the pr ovisions for its design and impr ovement are consistent with the General P lan for the City of Colton ("General Plan"), because the proposed subdivision provides amenities and architectural enhancements consistent with the Reche Canyon Residential Estate Zoning on 119.6 acres project site.

c. The Tentative Tract Map No. 16798 residential subdivision , in cluding amendment thereto, provides for land uses compatible with the Reche Canyon Residential Estate land use designation for the Subject Site in the General Plan, and the provisions for design an d improvements promote the goals and objectives of the General Plan in providing single family home lots , adequate common/private open space, and in compliance with the Density requirements of the Specific Plan.

d. The Subject Site is physically suitable for the type and density of development proposed in the Tentative Tract Map No. 16798 because the site is located

1.1.g
Packet Pg. 168
Attachment: Attachment 5_City Council RESOLUTION R-27-24_Draft (4468 : Appeal - Amendment of Iron Horse Hills Tentative Tract Map No.

5 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 where existing utilities/sewer lines, and road improvements are ava ilable to address ingress and egress requirements for vehicles, pedestrians an d bicycles.

The proposed development will provide all the necessary on -site and off -site improvements that meet or exceed the development standards for the Residential Estate Land Use designation of the Reche Canyon Specific Plan.

e. The subdivision design a nd type of i mprovements proposed in the Tentative Tract Map No. 16798, including amendment thereto, are not likely to cause serious public he alth problems because all development and public improvements will be performed per the requirements of all applica ble standards and codes, including the zoning , building codes and in compliance with the General Plan Mobility Element Goal M-3: “Develop a safe, efficient, and attractive street system that provides capacity to meet existing and future demand,” in that th e project wi ll be completing a number of traffic and transportation mitigation measures including b ut not limited to widening Barton Road and installing traffic signal at the acc ess to project and widening Bart Road from the northerly project boundary to t he southerly project boundary at its ultimate half-width section as a major arterial. The project will also be contributing its fair share toward off-site improvements consistent with intersections at Center Dr. and Washington and Reche Cany on Road and Washington.

f. The subdivision design and type of improvements proposed in the Tentative Tract Map No. 16798, including amendment thereto, will n ot conflict with easements acquired b y the public at large for access through or use of the Subject Site. The propo sed subdivision map amendment and title report have been reviewed and there are no conflicts with easements or future dedications for developing the Subject Site.

g. The discharge of waste into an existing sewer system from development proposed in the Tentative Tract Map No. 16798 and proposed amendment will not cause a violation of existing requirements prescribed by the local water quality cont rol board because the City's Engineer ing and Water Utilities Divisions of Public Works have reviewed and conditiona lly approved the proposal to address waste & wastewater requirements, drainage, grading, storm water, NPDS construction activity, Improvement Plans and Final Map submission requirements in making sure the discharge of waste is designed correctly so it does not impact existing water sources.

1.1.g
Packet Pg. 169
Attachment: Attachment 5_City Council RESOLUTION R-27-24_Draft (4468 : Appeal - Amendment of Iron Horse Hills Tentative Tract Map No.

6 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 h. The subdi vision design and improvements proposed in the Tentative Tract Map No. 16798 and proposed amend ment are located is not located withi n a U.S. Fish and Wildlife Service (USFWS) designated critical habitat for the Coastal California Gnatcatcher (CAGN), a federally threatened species. For the protection of this and other species , mitigation measures are incorporated within the CEQA IS/MND and MMRP for this project.

SECTION 3. Based upon the findings set forth in Sections 1 a nd 2 of this Resolution, the City Council hereby approves (1) Tentative Tract Map No. 1 6798 and accompanying maps, subject to the attached Conditions of Approval (Exhibit “A”).

SECTION 4. Pursuant to California Government Code Section 65865, the City Council hereby approves of the Amendment to Tentative Tentative Tract Map No. 16798 submitted Iron Horse Hills LLC, an Arizona li mited liability company, subject to conditions of approval attached as Exhibit “A”.

SECTION 5. The City Clerk shall certify to the adoption of this Resolution.

SECTION 6. This Resolution shall become effective immediately upon its adoption.

PASSED, APPROVED AND ADOPTED this __day of ___, 2024.

_______________
______________
FRANK NAVARRO, Mayor

ATTEST:

______________________________
STEPHANIE M. VARGAS
Deputy City Clerk

1.1.g
Packet Pg. 170
Attachment: Attachment 5_City Council RESOLUTION R-27-24_Draft (4468 : Appeal - Amendment of Iron Horse Hills Tentative Tract Map No.

7 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 EXHIBIT “A”

CONDITIONS OF APPROVAL

THE APPLICANT SHALL COMPLY WITH ALL CONDITIONS AS SET FORTH IN THE FOLLOWING CONDITIONS OF APPROVAL FOR PLANNING CASE #DAP-001-643

HOLD HARMLESS

1. The applic ant shall defend, indemnify, and hold harmless the City of Colton and its officers, employees, and agents from and against any claim, action, or proceeding against the City of Colton, its officers, employees, or agents to attacks, set aside, void, or annul any approval or condition of approval of the City of Colton con cerning this project, including but not limited to any approval or condition of approval of the city council, planning commission, or development services director. Th e City shall promptly not ify the applicant of any claim, action , or proceeding concerning the project and the City shall cooperate fully in the defense of the matter. The City reserves the righ t, at its own option, to choose its own attorney to represent the City, its officers, em ployees, and agents in the defense of the matter.

PLANNING DIVISION

2. This approval is not considered final until the a pplicant signs t he attached acknowledgement of Conditions of Approval and submits the executed form to the Development Services Department.

3. This approval is for (1) Tentative Tract Map No. 16798, as conditioned and modified herein, for the construction of a 184 single-family lot subdivision and common lo ts on property measuring approximately 119.6 acres located at 1300 Barton Road (APNs: 0164- 471-01, 0164 -231-36, 0276 -372-03-04-09 and 0282 -192-09, 15, 2 3, 24, 45 and 46 ), as shown on plans dated November 21, 2023.

4. The applicant shall place a signed copy of these Conditions of Approval on the plan check sheet for the proposed project, subje ct to review and approval by the Development Services Director.

5. A fence permit shall be required for any perimeter fencing of the residential subdivision, subject to review and approval by the Development Services Department.

5. Any requests for modif ications, including any deviation from the approved plans and/or conditions of approval, shall be submitted to the D evelopment Services Director for review, prior to scheduling for the Planning Commission meeting, if required.

6. Prior to issuance of buildin g permits, the applicant shall submit a detailed landscape plan for the proposed open space areas. Disturbed/graded areas shall be landscaped with native

1.1.g
Packet Pg. 171
Attachment: Attachment 5_City Council RESOLUTION R-27-24_Draft (4468 : Appeal - Amendment of Iron Horse Hills Tentative Tract Map No.

8 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 and drought-tolerant plant materials, consistent with th e City of Colton’s Water Efficient Landscape Ordinance.

7. Prior to submitting plans for construction of the ho mes , the builder and/or applicant shall submit plans for an Architectural and Site Plan Review by the Planning Commission tha t will include the review of the architectural designs of the home s, private recreational space, preliminary landscaping, fencing and site plan of each home within the subdivision.

8. The applicant and/or property owner shall comply with all requirements of all reviewing agencies and shall comply with all applicable local , state, and federal rules, laws, and regulations.

9. The applica nt shall integrat e plaques or other educational m onumentation referencing Colton’s natural or manmade history along trails wit hin the open space. All educational monumentation and plaques shall be reviewed and approved by the Development Services Director or designee.

10. The applicant and/or property owner and/or homeowners association (HOA) shall, always, operate and maintain landscaping, building, c ommon open space, private open space, subdivision identification signage, private streets, and all areas of the subject subdivision site so as not to constitute a nuisance in the community. This includes implementing and following the fuel modification plan required to be reviewed and approved by th e Fire Department.

12. A decorative block wall shall be installed along all two perimeters of th e project site in order to help mitigate noise impac ts, protect privacy, and provide an architecturally pleasing street view. The details of the perimeter wall , street cross -sections, colore d renderings and landscape details shall be reviewed with the Architectural and Site Plan Review by the Planning Commission

13. All street light poles shall be designed to be consistent with surrounding street light theme, subject to review and approval of a n Architectural and Site Plan Review by the Planning Commission.

1.1.g
Packet Pg. 172
Attachment: Attachment 5_City Council RESOLUTION R-27-24_Draft (4468 : Appeal - Amendment of Iron Horse Hills Tentative Tract Map No.

9 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 14. An H OA with a Maintenance Agreement as part of the Covenants, Conditions and Restrictions (CC&Rs) shall be required, composed of all property owners, to maintain all common areas such as t rees, landscaping, , walkways, monthly service for private fire hydrant (if required), etc. Each owner and future property owners shall automatically become members of the association and shall be subject to a p roportionate share of the maintenance.

15. Each property owner shall be responsible for the upkeep and maintena nce of two or three car parking garages in each indivi dual subdivision lot. Garages must be always usable and available for the parking of vehicles and such language must be included in recor ded CC&Rs, subject to review and approval by the Development Services Director.

16. The CC&Rs shall include specific language for continued maintenance and upkeep of the open space , park areas , all landscaped area s facing the street, and if private streets are identified on project plan Sheet LS -1, subject to review and approval by the Development Services Director and City Engineer.

18. The applicant shall comply with all Mitigation Measures, identified in the Mitigation and Monitoring Reporting Plan (MMRP).

19. Prior to recordat ion of a Final Map, applicant shall construct required public improvements associated with such Final Map, or agree to cause to be established a Community Facilities District (CFD), in compliance with California State laws, to fund construction of public i mprovements identified in the mitigation measures from the Mitigated Negative Declaration, and conditions of approval contained herein, as follows:
a. Water, wastewater and electric infrastructure as identified on the TTM b. Intersection improvements , includ ing traffic signals, as identified in Mitigation Measures
c. Offsite street lighting
d. Offsite street improvements as identified in the Street Improvements Plans e. Onsite and offsite drainage facilities

20. Prior to recordation of a Final Map, the applicant shall a nnex to or establish a Community Facilities District (CFD) for maintenance services associated with such Final Map to fund the on-going operation and maintenance of public facilities within and for the benefit o f such Final Map. Such facilities shall incl ude the landscaped parkways within the public right-of-way, publ ic s treet and sidewalk maintenance, neighborhood parks , trails, open space, streetlights in the public right-of-way, traffic safety signals, graffiti abatement, and public storm drains and wat er quality improvement facilities within the development and constructed pursuant to federal NPDES requirements. If the applicant establishes or

1.1.g
Packet Pg. 173
Attachment: Attachment 5_City Council RESOLUTION R-27-24_Draft (4468 : Appeal - Amendment of Iron Horse Hills Tentative Tract Map No.

10 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 annexes to a CFD in accordance with this condition, the applicant shall make a non - refundable deposit of toward the cost of CFD annexation, CFD formation or other mitigation p rocess, as applicable. The CFD or alternative financing mechanism shall include funding for ongoing maintenance responsibilities for the following public facilities and services:
a. Off-site street lighting and safety lighting.
b. Onsite and offsite drainage and water quality facilities as shown on the Tentative Map.

21. Prior to issuance of the first building permit the Final Map, the applicant shall establi sh a Community Facilities District for Law Enf orcement, Fire and Paramedic Services or annex into a Community Facilities District in place at the time of annexation to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City. Alternatively , the applicant may propose alternative financing mechanisms to offset the annual negative fiscal impacts of the project with respect to Public Safety services. Applicant shall make a non -refundable deposit tow ard the cost of annexation, formation or the other mitigation process, as applicable.

BUILDING & SAFETY

22. Shall comply with the latest adopted edition of the following codes:

1.1.g
Packet Pg. 174
Attachment: Attachment 5_City Council RESOLUTION R-27-24_Draft (4468 : Appeal - Amendment of Iron Horse Hills Tentative Tract Map No.

11 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 24. The project developer/applicant shall com ply with the City of Colton Water Efficient landscape Ordinance. The developer shall provide the Building and Safety division with all information regarding the project’s water efficient requirements and compliance and methods.

26. Any temporary bui lding, trailer, commercial coach, etc. in stalled and/or used in connection with a construction project shall comply with City Code and Regulations.

27. Building Permits are required prior to the removal and/or demolition of structures.

32. PRIOR TO ISSUANCE OF BUILDING/CONSTRUCTION PERMITS
a. School Fee Certificate – approved by applicable City of Colton school district b. Rough Grading signed off by the City of Colton Public Works Inspector. c. A pad certification for each individual lot shall be provided to the Building & Safety Division
d. Compaction report – by Soils Engineer
e. All Building Permit and Development Impact fees paid.

1.1.g
Packet Pg. 175
Attachment: Attachment 5_City Council RESOLUTION R-27-24_Draft (4468 : Appeal - Amendment of Iron Horse Hills Tentative Tract Map No.

12 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 PUBLIC WORKS DEPARTMENT

A. ELECTRIC UTILITY
General Conditions and Requirements: (New Service)
a. It has been determined that the City of Colton will provide servic e to this project. The project applicant/developer shall comply with all Colton Electric Ru les and Regulations customer service policies and service requirements of the City of Colton Electric Utility Department.

b. The developer shall, when electric service is required, provide the Colton Electric Utility Department with all information necessary t o determin e the project’s electric distribution and service requirements, including load calculations.

c. The developer shall, when required, and at their own ex pense, install all conduit and vault systems associated with underground electric line extensions and street -lighting as per the Electric Utility's approved design. The developer shall pay al l fees and charges associated with the Electric Utility’s cost to provide electric service, including underground and overhead line extensions and street -lighting. The de veloper shall provide utility easements f or all existing and proposed utility owned el ectric facilities within private property.

B. STREET IMPROVEMENTS

1. All project-fronting improvements must meet ADA accessibility standards.

C. GRADING

1. The final site improvement plans to include grad ing, drain age, paving, and utilities, shall be prep ared by a license civil engineer registered i n the state of California, and shall conform to the approved, pr eliminary site plan, and all applicable provisions of the City’s Zoning Ordinance and development standards.

2. A bond in the amount of 120 percent of the cost to irrigate and plant all graded a reas shall be posted at grading permit issuance in order to assure erosion control.

1.1.g
Packet Pg. 176
Attachment: Attachment 5_City Council RESOLUTION R-27-24_Draft (4468 : Appeal - Amendment of Iron Horse Hills Tentative Tract Map No.

13 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 3. The applicant/developer shall provide an erosion control plan prior to final approval of plan/project.

D. EROSION CONTROL: (F OR ALL VACANT LOT, NEW BUILDING

CONSTRUCTION)

1. A stand–by crew for emergency work shall be available at all t imes during the rainy season ( October 1 – May 31). necessary materials shall be available on site and stockpiled at convenient locations to facilitate rapid construction of emergency devices when rain is imminent.

2. Erosion control devices shown on the plans shall be removed when approved by the grading inspector if the grading operation has progres sed to the point where they are no longer required.

3. Graded areas adjacent to fill slopes, located at the site perimeter must drain away from the top of the slope at the conclusion of each working day.

4. All site and debris shall be removed from all devices within 24 hours after each rainstorm.

6. Except as otherwise approved by the grading inspecto r, all removable protective devices shown shall be in place at t he end of each working day, or on weekends when the 5-day rain probability forecast exceeds 40%

7. All loose soil and debris, which shall create potential hazard to off -site property, shall be removed from the site as directed by the grading inspector.

8. The placement of additional devices to reduce erosion damage within the site is left to the discretion of the field engineer.

9. De-silting basins shall not be removed or made inoperable between October 1 and May 31, without the approval of the city inspector.

1.1.g
Packet Pg. 177
Attachment: Attachment 5_City Council RESOLUTION R-27-24_Draft (4468 : Appeal - Amendment of Iron Horse Hills Tentative Tract Map No.

14 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 10. Erosion control devices will be modified as needed as the project progresses and plans of these changes submitted for approval as required.

E. DRAINAGE:

1. The City Engineer shall review any propo sed solutions to any drainage problems and approve the proposed solution with the Development Services Director’s recommendation.

2. A drainage study is required prior to approval of the final map. Additional conditions shall be required that cannot be determined at this time.

F. CITY ENGINEER/ENGINEERING DEPARTMENT:

G. WATER & WASTEWATER DEPARTMENT:

H. WATER AND WASTEWATER / UTILITIES
1) The development shall meet all the requirements as set forth by the Water/Wastewater department for water, sewer and pre-treatment facilities.

2) All constru ction shall conform to the current edition of the specifications for public works construction (green book), and the current standards and specifications of the city of Colton Water / Waste water De partment .

3) Water and sewer civil engineering plans sh all be prepared by a registered civil engineer and shall be subm itted with an engineer's cost estimat e along with water and sewer calculations to support the design.

4) Construction of all offsite improvements shall be per the approved water and sewer plans.

5) The developer shall verify the existence and location of any utility ease ments and show said easements on all plans. all utility easements shall be protected from encroachment.

1.1.g
Packet Pg. 178
Attachment: Attachment 5_City Council RESOLUTION R-27-24_Draft (4468 : Appeal - Amendment of Iron Horse Hills Tentative Tract Map No.

23152.06329\41826893.1

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28

- 1 -

ORDINANCE NO. O-04-24

A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

COLTON, CALIFORNIA TO APPROVE A SECOND

AMENDED AND RESTATED DEVELOPMENT

AGREEMENT WITH IRON HORSE HILLS LLC FOR THE

IRON HORSE HILLS DEVELOPMENT PROJECT
(TENTATIVE TRACT MAP NO. 16798), LOCATED AT 1300
EAST BARTON ROAD IN THE CITY OF COLTON (DAP24-
0013)

WHEREAS, pursuant to California Government Code Sections 65864 et seq. and Colton Municipal Code Section 18.58.102, the City is authorized to enter into d evelopment agreements providing for the development of land under terms and conditions set forth therein; and

WHEREAS, the City Council has considered the Project , including substantial conformance amendments, to provide for the orderly growt h and quality development of the Project in accordance with the General Plan and Municipal Code; and

WHEREAS, because of the logistics, magnitude of the expenditure and considerable lead time prerequisite to planning and developing the Project, Developer entered into a development agreement c oncerning the Project (“Development Agreement”) for a ten -year term, starting o n January 15, 2008 (Ordinance No. O-22-07), to provide assurances that the Project could proceed without disruption caused by a change in the City's planning policies and requir ements except as provided in the Development Agreement, which assurance which thereby reduced the actual or perceived risk of planning for and proceeding with development of the Project; and

WHEREAS, Developer and City entered into a First Amended and Re stated Development Agreement (“First Amendment”) on January 2, 2014 to extend the term of the Development Agreement for an additional ten-year term, ending on January 2, 2024; and

WHEREAS, because of impacts of the Covid-19 pandemic, adoption of the City ’s General Plan Mobility Element, and changes in the Project description to replace a reservoir and booster station with a well site, Developer has requested a second ten-year extension of the term of the Development Agreement through this Second Amended a nd Restated Development Agreement (“Second Amendment”); and

WHEREAS, the City Council has found that this Second Amendment consistent with the City's General Plan, Zoning Code, and the Reche Canyon Specific Plan; and

WHEREAS, the City Cou ncil has det ermined that by amending the Development

1.1.h
Packet Pg. 179
Attachment: Attachment 6_City Council Ordinance O-04-24_Iron Horse Hills 2nd Amended and Restated Development Agreement (4468 :
23152.06329\41826893.1

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28

- 2 -

Agreement for a Second time : (i) the City will promote orderly growth and quality development on the Property in accordance with the goals and policies set forth in the General Plan; (ii) significant benefits will b e created for City residents and the public generally from increased employment and property tax revenue created by the Project; and

WHEREAS, on March 19, 2024, the City Council held a duly advertised public hearing on the Development Agreement; and

WHEREAS, the City Council considered the Staff Report, the Development Agreement, all recommendations by staff, and public testimony; and

WHEREAS, on September 5, 2006, the City Council, as the lead agency under the California Environmental Quality Act (“CEQA”) affirmed Planning Commission Resolution No.

WHEREAS, an Addendum to the EIR has been prepared to analyze the impacts of the minor changes to the Project, including the Second Amendment, pursuant to CEQA, because no new significant impacts or a substantial increase in the severity of previously identified significant impacts have occurred and therefore no additional environmental review is required for approval pursuant to State CEQA Guidelines Section 15162 and Public Resources Code section 21166; and

WHEREAS, the Planning Commission has reviewed and considered the Addendum prior to recommending City Council action on the Second Amendment.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTON DOES RESOLVE AS FOLLOWS:

SECTION 1. The City Council has, by separate action taken on March 19, 2024, adopted a resolution adopting the Addendum to the EIR (SCH No. 2005041028) which was ce rtified on September 5, 2006 by the City Council. The Addendum analyzed t he environmental impacts of the actions taken in this Resolution. Adopting the Addendum satisfied the Planning Commission’s obligations under the California Environmental Quality Act regarding the Project, and none of the conditions in Public Resources Cod e section 21166 or State CEQA Guidelines section 15162 apply. Thus, no further environmental r eview is required as adoption of this Resolution falls within the scope of the adopted Addendum and previously certified EIR.

SECTION 2. Based on the entire r ecord before the City Council and all written and oral evidence presented, the Planning Commission finds this Second Amended and Restated Development Agreement not be detrimental to the health, safety and welfare of the community because the Development Ag reement will permit land uses that best reflect community needs, including the need for local employment opportunities and increased property tax revenue to fund City services, an d will allow for the most efficient and logical d evelopment of the real prope rty governed by the Development Agreement in the City.

SECTION 3. Pursuant to California Government Code Section 65867.5(b) and based on the entire record before the City Council, including all written and oral evidence presented, the Planning Commissio n hereby finds that the Second Amendment is consistent with the General Plan because it will result in the development of the Property that is consistent with the uses and intensity allowed under the General Plan.

1.1.h
Packet Pg. 180
Attachment: Attachment 6_City Council Ordinance O-04-24_Iron Horse Hills 2nd Amended and Restated Development Agreement (4468 :
23152.06329\41826893.1

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28

- 3 -

SECTION 4. Based on the entire record before the City Council, including all written and oral evidence presented, the City Council finds this Second Amendment to be compatible with the uses authorized in, and the regulations prescribed for, the Reche Canyon Specific Plan land use designations in which the real property is located.

SECTION 5. Based on the entire record before the City Council and all written and oral evidence presented, the Planning Commission finds that: (i) the economic interests of Colton citizens and the public health, saf ety and welfare will be best served by entering into the Second Amendment; (ii) this Second Amendment is compatible with the uses authorized in, and the regulations prescribed for, the area in which the Property is located; (iii) the Second Amendment is in conformity with the public convenience, general welfare and good land use practice; and (iv) the Second Amendment will not adversely affect the orderly development or the preservation of property values for the property it governs or any other property.

The City Council further finds that among the public benefits to accrue to the residents of the City as a result of the Second Amendment include: (a) Dedication and improvements to three (3) local parks; and (b) annexing the project site into the City’s Ma intenance and Public Safety Community Facilities Districts.

SECTION 6. Pursuant to California Government Code Section 65865, the Planning Commission hereby recommends to the City Council approval of the Second Amendment attached hereto as Exhibit "A", entitled "Second Amended and Restated Development Agreement between City of Colton and Iron Horse Hills LLC, an Arizona li mited liability company” (the "Development Agreement").

SECTION 7. The City Clerk shall certify to the adoption of th is Ordinance and s hall cause the same to be posted as required by law. Pursuant to Government Code section 65868.5, within 10 days following the entering of the Development Agreement, as evidence by the full execution thereof, the City Clerk shall record the Development Ag reement with the San Bernardino County Recorder.

PASSED, APPROVED, AND ADOPTED this ____day of ______, 2024.

___________________________________
FRANK J. NAVARRO
Mayor
ATTEST:

__________________________________

STEPHANIE VARGAS
Acting City Clerk

1.1.h
Packet Pg. 181
Attachment: Attachment 6_City Council Ordinance O-04-24_Iron Horse Hills 2nd Amended and Restated Development Agreement (4468 :
23152.06329\41826893.1

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28

- 4 -

APPROVED AS TO FORM:

__________________________________
Best Best & Krieger LLP
City Attorney

1.1.h
Packet Pg. 182
Attachment: Attachment 6_City Council Ordinance O-04-24_Iron Horse Hills 2nd Amended and Restated Development Agreement (4468 :
23152.06329\41826893.1

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28

- 5 -

EXHIBIT “A”
Second Amended and Restated Development Agreement – Iron Horse Hills LLC

1.1.h
Packet Pg. 183
Attachment: Attachment 6_City Council Ordinance O-04-24_Iron Horse Hills 2nd Amended and Restated Development Agreement (4468 :
1 15638
Recorded at the request of:

Clerk, City Council
City of Colton

When recorded return to:

CITY OF COLTON
650 North La Cadena Drive
Colton, California 92324
Attention: City Clerk

Space Above for Recorder's Use Only
Exempt from Filing Fees, Gov' t Code Section 6103

SECOND AMENDED AND RESTATED
DEVELOPMENT AGREEMENT NO. 1 (File Index No. DAP-001-770)

A DEVELOPMENT AGREEMENT BETWEEN

CITY OF COLTON
and

IRON HORSE HILLS LLC

1.1.i
Packet Pg. 184
Attachment: Attachment 7_2nd Amended and Restated Iron Horse Hills Development Agreement_11-9-23 (4468 : Appeal - Amendment of Iron 2 15638

SECOND AMENDED AND RESTATED
DEVELOPMENT AGREEMENT NO. 1 (File Index No. DAP-001-770)

This SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT (hereinafter “Second Amended Agreement”) is entered into to be effective on the Effective Date (as hereinafter defined) by and between the CITY OF COLTON, a California municipal corporation (hereinafter “CITY”), and IRON HORSE HILLS LLC, an Arizona limited liability company (hereinafter “DEVELOPER”). CITY and DEVELOPER are sometimes singularly referred to herein as a “Party” and collectively as the “Parties.”

RECITALS

A. These Recitals refer to and utilize certain capitalized terms which are defined in this Second Amended Agreement. The Parties intend to refer to those definitions in conjunction with the use thereof in these Recitals.

B. Government Code sections 65864-65869.5 (“Development Agreement Law”) authorize the CITY to enter into binding development agreements with persons having a legal or equitable interest in real property for the development of such property, all for the purpose of strengthening the public planning process, encouraging private participation and comprehensive planning and reducing the economic cost of such development. This Second Amended Agreement is adopted pursuant to the Development Agreement Law.

C. DEVELOPER is the Owner in fee and proposed developer of approximately 120 acres of real property located east of Barton Road and south of Hilltop Drive within the Reche Canyon Specific Plan Area of the CITY, Assessor Parcel Nos. 0164-471-01, 0164-231-36, 0276-372-03, 04, 09 and 0282-192-09, 15, 23, 24, 45 and 46 which real property is more particularly described and shown on Exhibit “A” (“Property”).

F. On August 8, 2006 the CITY’s Planning Commission, following a duly noticed public hearing, adopted Resolution No. R-06-06 certifying the Environmental Impact Report Prepared for the Iron Horse Hills Residential Project, Adopting Environmental Findings Pursuant to the California Quality Act, Adopting a Statement of Overriding Considerations, and Adopting a Mitigation Monitoring Program (the “EIR”).

G. On August 8, 2006 the CITY's Planning Commission also adopted (1) Resolution No.

R-07-06 recommending that the CITY Council approve an Amendment to the Reche Canyon Specific Plan (“SPA”) a nd (2) Resolution No. R -08-06 approving Tentative Tract Map No. 16798 (“Tract 16798”).

1.1.i
Packet Pg. 185
Attachment: Attachment 7_2nd Amended and Restated Iron Horse Hills Development Agreement_11-9-23 (4468 : Appeal - Amendment of Iron 3 15638
H. On September 5, 2006, following a duly noticed public hearing, the City Council of the CITY adopted Ordinance No. 0-15-06, approving the SPA to the Reche Canyon Specific Plan .

I. On or about November 27, 2007, the CITY's Planning Commission, the advisory agency for the purposes of the Development Agreement Law, pursuant to Government Code section 65867, held a duly noticed public hearing and adopted its Resolution No. R -06-07 recommending that the City Council of the CITY approve a Development Agreement covering the Property.

J. On or about December 18, 2007, the City Council of CITY held a duly noticed public hearing and adopted Ordinance No. O-22-07, approving Development Agreement DA07-0l which was subsequently recorded on February 27, 2008 as Document No. 2008-0085519 in the Offic ial Records of San Bernardino, California (“Original Development Agreement”).

K. Following the approval of the Original Development Agreement, because of the deep and prolonged economic recession which particularly and acutely affected the housing industry, DEVELOPER was unable to proceed with the development of the Property pursuant to the Original Project Approvals and the Original Development Agreement, which prompted the DEVELOPER and CITY to enter into that certain First Amended and Restated Development Agreement DAP-001-112 dated December 3, 2013 (the “First Amended Agreement”).

L. On or about October 8, 2013 , the CITY's Planning Commission, the advisory agency for the purposes of the Development Agreement Law, pursuant to Government Code section 65867, held a duly noticed public hearing and adopted its Resolution No. R-06-07 recommending that the City Council of the CITY approve the First Amended Agreement covering the Property.

M. On or about December 3, 2013, the City Council of CITY held a duly noticed public hearing and adopted Ordinance No. O -07-13, approving the First Amen ded Agreement which was subsequently recorded on June 30, 2015 as Document No. 2015-0274348 in the Official Records of San Bernardino, California.

N. Following the approval of the First Amended Agreement, certain events transpired that caused further delay in the development of the Project and/or made certain changes to the approved Tract 16798 desirable including, but not limited to, the COVID-19 worldwide pandemic and the CITY’s updated Traffic Mobility Plan in its General Plan.

O. To accommodate, among other things, the CITY’s updated Traffic Mobility Plan , DEVELOPER submitted a Substantial Conformance Application with the CITY on or about March 10, 2020 (the “Substantial Conformance Application”), pursuant to which certain minor modifications to the approved Tract 16798 are being proposed, as reflected on Exhibit “A-1” attached hereto and incorporated herein by this reference (the “Substantial Conformance Map”). Among the other modifications being proposed, DEVELOPER and CITY agree that the Reservoir and Booster Station that were previously contemplated in the First Amended Agreement are no longer needed in conjunction with the development of the Project, but that a well site will be dedicated to the CITY instead.

P. In contemplation of the proposed modifications that are the subject of the Substantial Conformance Application, CITY engaged its environmental consultant, Michael Baker International, to prepare an Environmental Impact Report Addendum (the “EIR Addendum”).

1.1.i
Packet Pg. 186
Attachment: Attachment 7_2nd Amended and Restated Iron Horse Hills Development Agreement_11-9-23 (4468 : Appeal - Amendment of Iron 4 15638
Q. Therefore, CITY and DEVELOPER now desire to enter into this Second Amended Agreement to amend and restate the First Amended Agreement to provide for, among things, the elimination of DEVELOPER’s obligation to dedicate land for the Reservoir and Booster Station, and to establish DEVELOPER's obligation to dedicate land for a well site .

R. On _____________, 2023 the CITY’s Planning Commission, following a duly noticed public hearing, adopted Resolution No. R -_______ certifying the EIR Addendum .

S. On _____________, 2023 the CITY's Planning Commission also adopted Resolution No. R -_______ recommending that the CITY Council approve DEVELOPER’s Substantial Conformance Application, and related modifications to Tract 16798 (the “Modified Tract 16798 ”).

The certification of the EIR Addendum and the City Council's approval of the Modified Tract 16798 are collectively referred to as the “Modified Project Approvals”.

U. DEVELOPER has requested that CITY enter into this Second Amended Agreement and proceedings have been taken in accordance with the Development Agreemen t Law and with the rules, regulations and policies of CITY pertaining to the adoption of development agreements set forth in Municipal Code section 18.58.080 (“Development Agreement Ordinance”).

V. By entering into this Second Amended Agreement, CITY shall bind future City Councils of CITY by the obligations specified herein and limit the future exercise of certain governmental and proprietary powers of CITY.

W. The terms and conditions of this Second Amended Agreement have undergone extensive review by CITY and by the City Council and have been found to be fair, just and reasonable.

It has further been determined by the City Council that the best interests of the citizens of the CITY and the public health, safety and welfare will be served by entering into this Second Amended Agreement.

Y. The City Council has determined that this Second Amended Agreement and the Project are consistent with the CITY's General Plan and the Reche Canyon Specific Plan applicable thereto.

AA. On or about ____________, 2023, the City Council of CITY held a duly noticed public hearing and adopted Ordinance No. _________, approving this Second Amended Agreement.

BB. The City Council has determined that the development of the Property in accordance with this Second Amended Agreement will provide substantial benefits to CITY and will further

1.1.i
Packet Pg. 187
Attachment: Attachment 7_2nd Amended and Restated Iron Horse Hills Development Agreement_11-9-23 (4468 : Appeal - Amendment of Iron 5 15638
important policies and goals of CITY. Further, this Second Amended Agreement will eliminate uncertainty in planning and provide for the orderly development of the Property, insure progressive installation of necessary improvements, provide for public services appropriate to the development of the Project, and generally serve the purposes for which development agreements under the Development Agreement Law are intended.

CC. The Parties contemplate that DEVELOPER will complete and file an application and petition with the CITY requesting the formation of a Mello-Roos Community Facilities District (“CFD”), and annexation of the project area into CFD No. 2021 -1 (Public Safety) and CFD No. 2021- 2 (Maintenance) pursuant to the provisions of Government Code section 53311 et seq. that will include the Property to provide a financing mechanism to pay for the const ruction of certain public improvements and facilities that will benefit the Property and the CITY.

DD. DEVELOPER has incurred and will in the future incur substantial costs in order to assure development of the Property in accordance with this Second Amended Agreement, and which substantial costs are in excess of the generally app licable requirements in order to assure vesting of legal rights to develop the Property in accordance with this Second Amended Agreement.

SECOND AMENDED AGREEMENT

NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt an d sufficiency of which is hereby acknowledged, the Parties agree as follows:

1. DEFINITIONS AND EXHIBITS.

1.1. Definitions. The following terms when used in this Second Amended Agreement shall be defined as follows:

1.1.1. “CFD” means a Mello -Roos Community Facilities District to be formed by CITY pursuant to the provisions of Government Code section 53311 et seq. covering the Property.

1.1.2. “CITY” means the City of Colton, a municipal corporation, organized and existing pursuant to the laws of the State of California.

1.1.3. “Development” means the improvement of the Property for the purposes of completing the structures, improvements and facilities comprising the Project including, but not limited to: grading; the construction of infrastructure and public facilities related to the Project whether located within or outside the Property ; the construction of buildings and structures; and the installation of landscaping. “Development” does not include the maintenance, repair, reconstruction or redevelopment of any building, structure, improvement or facility after the construction and completion thereof.

1.1.5. “Development Approvals” means all permits and other entitlements

1.1.i
Packet Pg. 188
Attachment: Attachment 7_2nd Amended and Restated Iron Horse Hills Development Agreement_11-9-23 (4468 : Appeal - Amendment of Iron 6 15638
for use subject to approval or issuance by CITY in connection with development of the Property including, but not limited to:

(a) specific plans and specific plan amendments;
(b) tentative and final subdivision and parcel maps;
(c) conditional use permits, public use permits and plot plans; (d) zoning;
(e) grading and building permits.

1.1.6. “Development Exaction” means any requirement of CITY in connection with or pursuant to any Land Use Regulation or Development Approval for the dedication of land, the construction of improvements or public facilitie s, or the payment of fees in order to lessen, offset, mitigate or compensate for the impacts of development on the environment or other public interests.

1.1.7. “Development Impact Fee ” a monetary exaction other than a tax or special assessment, whether established for a broad clas s of projects by legislation of general applicability or imposed on a specific project on an ad hoc basis, that is charged by a local agency to the applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project, but does not include park “in lieu ” fees specified in Government Code Section 66477, fees for processing application s for governmental regulatory actions or approvals, or fees collected under de velopment agreements adopted pursuant to Article 2.5 of the Government Code (commencing with Section 65864) of Chapter

4. 1.1.8. “Development Plan” means the Existing Development Approvals and the Existing Land Use Regulations applicable to development of the Property.

1.1.9. “Effective Date” means the date the ordinance approving this Second Amended Agreement becomes effective.

1.1.10. “Existing Development Approvals” means all D evelopment Approvals approved or issued prior to the Effective Date. Existing Development Approvals includes the Project Approvals listed on Exhibit "B" and all other Approvals which are a matter of public record on the Effective Date.

1.1.11. “Existing Development Impact Fees” means the types and categories of Development Impact Fees duly adopted by the CITY and in effect on the Effective Date of this Second Amended Agreement.

1.1.12. “First Amended Agreement ” means that certain First Amended and Restated Development Agreement No. 1 (DAP-001-112) covering the Property adopted by the City Council by Ordinance No. O-07-13 on December 3, 2013, executed by the Parties, and recorded on June 30, 2015 as Document No. 2015-0274348, in the Official Records of San Bernardino, California and effective on December 3 , 2013.

1.1.13. “Second Amended Agreement” means this Second Amended and Restated Development Agreement.

1.1.14. “Existing Land Use Regulations” means all Land Use Regulations in

1.1.i
Packet Pg. 189
Attachment: Attachment 7_2nd Amended and Restated Iron Horse Hills Development Agreement_11-9-23 (4468 : Appeal - Amendment of Iron 7 15638
effect on the Effective Date of this Second Amended Agreement. Existing Land Use Regulations includes the Regulations incorporated herein as Exhibit “C” and all other Regulations which are a matter of public record on the Effective Date of this Second Amended Agreement.

(a) the conduct of businesses, professions, and occupations; (b) taxes and assessments;
(c) the control and abatement of nuisances;
(d) the granting of encroachment permits and the conveyance of rights and interests which provide for the use of or the entry upon public property; (e) the exercise of the power of eminent domain.

1.1.16. “DEVELOPER” means the persons and entities listed as DEVELOPER on page 1 of this Second Amended Agreement and their successors in interest to all or any part of the Property.

1.1.17. “Interim Improvements ” shall mean interim improvements including roads, pipelines and utilities to be constructed and installed by CITY in association with the construction of the Reservoir.

1.1.18. “Modified Project Approvals ” means collectively (a) Planning Commission Resolution No. R-_______ adopted on ____________, 2023 certifying the EIR Addendum; (b) Modified Tract 16798 approved on __________, 2023 by Planning Commission Resolution No. R - __________.

1.1.19. “Modified Tract 16798 ” means the Modified Tentative Tract Map No. 16798 approved by the Planning Commission's adoption of Resolution No. R-______ on _________, 2022.

1.1.20. “Mortgagee” means a mortgagee of a mortgage, a beneficiary under a deed of trust or any other security-device lender, and their successors and assigns.

1.1.21. “Original Project Approvals” means collectively (a) Planning Commission Resolution No. R-06-06 adopted on August 8, 2006 certifying the Environmental Impact Report for the Iron Horse Hills Residential Project, Adopting findings pursuant to the California Environmental Quality Act, Adopting a Statement of Overriding Considerations and Adopting a Mitigation Monitoring Report; (b) Tentative Tract Map No. 16978 approved on August 8, 2006 by Planning Commission Resolution No. R-07-06; and (c) Ordinance No. 0-15-06 adopted by the City Council on September 5, 2006 Amending Portions of the Reche Canyon Specific Plan Land Use Map shown as an Addendum to Title 18 of the Colton Municipal Code: File Number DAP- 000-343.

1.1.22. “Original Development Agreement ” means that certain Development Agreement No. DA07-01 covering the Property adopted by the City Council by Ordinance No. O-22-

1.1.i
Packet Pg. 190
Attachment: Attachment 7_2nd Amended and Restated Iron Horse Hills Development Agreement_11-9-23 (4468 : Appeal - Amendment of Iron 8 15638
07 on December 18, 2007, executed by the Parties, and recorded on February 27, 2008 as Document No. 2008-0085519, in the Official Records of San Bernardino, California and effective on January 17, 2008.

1.1.24. “Project Approvals” means, collectively, the Original Project Approvals and the Modified Project Approvals.

1.1.25. “Property” means the real property more particularly described and shown on Exhibit “A” to this Second Amended Agreement.

1.1.26. “Reche Canyon Specific Plan Area ” means all lands and property within the CITY covered by the Reche Canyon Specific Plan and the SPA.

1.1.27. “Reservations of Authority ” means the rights and authority excepted from the assurances and rights provided to DEVELOPER under this Second Amended Agreement and reserved to CITY under Section 3.6 of this Second Amended Agreement.

1.1.28. “SPA” means the Specific Plan Amendment to the Reche Canyon Specific Plan the City Council's adoption of Ordinance No. 0-15-06 on September 5, 2006.

1.1.29. “Subsequent Development Approvals” means all Development Approvals required subsequent to the Effective Date in connection with development of the Property.

1.1.30. “Subsequent Land Use Regulations ” means any Land Use Regulations adopted and effective after the Effective Date of this Second Amended Agreement.

1.1.31. “Tract 16798” means Tentative Tract Map No. 16798 approved by the Planning Commission's adoption of Resolution No. R-08-06 on August 8, 2006.

1.2. Exhibits. The following documents are attached to, and by this reference made a part of, this Second Amended Agreement:

Exhibit “A” - Legal Description and Depiction of the Property.

Exhibit “A-1” - Substantial Conformance Map
Exhibit “B” - Existing Development Approvals.

Exhibit “C” - Existing Land Use Regulations.

Exhibit “D” - Well Site.

Exhibit “E” – Intentionally Omitted.

Exhibit “F” - Neighborhood Park Improvements.

Exhibit “G” - Existing Development Impact Fees.

Exhibit “H” - Fee Credits.

Exhibit “I” - CFD Reimbursement Eligible Items.

2. GENERAL PROVISIONS .

2.1. Binding Effect of Second Amended Agreement. The Property is hereby made

1.1.i
Packet Pg. 191
Attachment: Attachment 7_2nd Amended and Restated Iron Horse Hills Development Agreement_11-9-23 (4468 : Appeal - Amendment of Iron 9 15638
subject to this Second Amended Agreement. Development of the Property is hereby authorized and shall be carried out only in accordance with the terms of this Second Amended Agreement.

2.2. Ownership of Property . DEVELOPER represents and covenants that it is the owner of the fee simple title to the Property or a portion thereof.

2.3. Term. The initial term of this Second Amended Agreement shall commence on the Effective Date of this Second Amended Agreement , and shall continue for a period of ten (10) years thereafter (“Initial Ter m”) u nless such Initial Term is modified or extended pursuant to the provisions of this Second Amended Agreement. Notwithstanding the foregoing, the term of this Second Amended Agreement may be extended for an additional five (5) years following expiration of the Initial Term (“Extended Term”), provided the following have occurred:

2.3.1. DEVELOPER provides at least one hundred eighty (180) days written notice to CITY prior to the expiration of the initial term; and

2.3.2. DEVELOPER is not then in uncured default of this Second Amended

2.3.3. DEVELOPER shall have obtained building permits for at least sixty-seven percent (67%) of the single family residential units contemplated by Modified Tract 16798.

The Initial Term and, if and upon extension, the 5-year Extended Term, shall sometimes be referred to herein collectively as the “Term”.

2.4. Assignment.

(a) No sale, transfer or assignment of any right or interest under this Second Amended Agreement shall be made unless made together with the sale, transfer or assignment of all or a part of the Property.

(b) Concurrent with any such sale, transfer or assignment, or within fifteen (15) business days thereafter, DEVELOPER shall notify CITY, in writing, of such sale, transfer or assignment and shall provide CITY with an executed agreement (“Assignment Agreement ”), in a form reasonabl y acceptable to CITY, by the purchaser, transferee or assignee an d providing therein that the purchaser, transferee or assignee expressly and unconditionally assumes all the duties and obligations of DEVELOPER under this Second Amended Agreement.

1.1.i
Packet Pg. 192
Attachment: Attachment 7_2nd Amended and Restated Iron Horse Hills Development Agreement_11-9-23 (4468 : Appeal - Amendment of Iron 10 15638
benefits of this Second Amended Agreement shall not inure to such purchaser, transferee or assignee until and unless such Second Amended Agreement is executed.

(a) DEVELOPER has provided CITY with the notice and executed an Assignment Agreement required under Paragraph (b) of Subsection 2.4.1, above.

(b) The purchaser, transferee or assignee provides CITY with security equivalent to any security previously provided by DEVELOPER to secure performance of its obligations hereunder.

2.4.3. Subsequent Assignment . Any subsequent sale, transfer or assignment after an initial sale, transfer or assignment shall be made only in accordance with and subject to the terms and conditions of this Section 2.4.

(a) The lot has been finally subdivided and individually (and not in “bulk”) sold or leased (for a period longer than one year) to a member of the public or other ultimate user; and,

(b) A Certificate of Occupancy has been issued for a building on the lot, and the fees set forth under Section 4 of this Second Amended Agreement have been paid.

2.5. Amendment or Cancellation of Second Amended Agreement . This Second Amended Agreement may be amended or canceled in whole or in part only by written consent of all parties in the manner provided for in Government Code Section 65868 and Article 5 of the Development Agreement Policies. This provision shall not limit any remedy of CITY or DEVELOPER as provided by this Second Amended Agreement.

2.6. Termination. This Second Amended Agreement shall be deemed terminated and of no further effect upon the occurrence of any of the following events:

2.6.1. Expiration of the stated term of this Second Amended Agreement as set forth in Section 2.3.

2.6.2. Entry of a final judgment setting aside, voiding or annulling the adoption of the ordinance approving this Second Amended Agreement.

1.1.i
Packet Pg. 193
Attachment: Attachment 7_2nd Amended and Restated Iron Horse Hills Development Agreement_11-9-23 (4468 : Appeal - Amendment of Iron 11 15638

2.6.3. The adoption of a referendum measure overriding or repealing the ordinance approving this Second Amended Agreement.

2.6.4. Completion of the Project in accordance with the terms of this Second Amended Agreement including issuance of all required occupancy permits and acceptance by CITY or applicable public agency of all required dedications.

2.6.5. Termination of this Second Amended Agreement based on any default of DEVELOPER and following the termination proceedings required by Articles 7 and 8 of the Development Agreement Policies.

Termination of this Second Amended Agreement shall not constitute termination of any other land use entitlements approved for the Property. Upon the termination of this Second Amended Agreement, no party shall have any further right or obligation hereunder except with respect to any obligation to have been performed prior to such termination or with respect to any default in the performance of the provisions of this Second Amended Agreement which has occurred prior to such termination or with respect to any obligations which are specifically set forth as surviving this Second Amended Agreement. Upon such termination, any public facilities and services mitigation fees or other impact fees paid pursuant to Section 4 of this Second Amended Agreement by DEVELOPER to CITY for residential units on which construction has not yet begun shall be refunded to DEVELOPER by CITY.

2.7. Notices.

2.7.1. As used in this Second Amended Agreement, “notice” includes, but is not limited to, the communication of notice, reque st, demand, approval, statement, report, acceptance, consent, waiver, appointment or other communication required or permitted hereunder.

2.7.2. All notices shall be in writing and shall be considered given either: (i) when delivered in person to the recipient named below; or (ii) on the date of delivery shown on the return receipt, after deposit in the United States mail in a sealed envelope as either registered or certified mail with return receipt requested, and postage and postal charges prepaid, and addressed to the recipient named below. All notices shall be addressed as follows:

If to CITY: City of Colton
650 North La Cadena Drive
Colton, CA 92324
Attn: Development Services Director
Telephone: (909) 370-5079
e-mail: [email protected]

1.1.i
Packet Pg. 194
Attachment: Attachment 7_2nd Amended and Restated Iron Horse Hills Development Agreement_11-9-23 (4468 : Appeal - Amendment of Iron 12 15638
with a copy to: Best, Best & Krieger, LLP
3750 University Ave.

San Bernardino, CA 92501
Attn: Seth Merewitz
Telephone: (213) 787-2567
e-mail: [email protected]

If to DEVELOPER: Iron Horse Hills LLC
701 N. 44th Street
Phoenix, AZ 85008
Attn: Patrick E. Sovereign
Telephone: (480) 429-3021
Facsimile: (480) 429-3100
e-mail: [email protected]

with a copy to: Beus Gilbert McGroder PLLC
701 N. 44th Street
Phoenix, AZ 85008
Attn: Megan Beus
Telephone: (480) 429-3024
Facsimile: (480) 429-3100
e-mail: [email protected]

2.7.3. Either party may, by notice given at any time, require subsequent notices to be given to another person or entity, whether a party or an officer or representative of a party, or to a different address, or both . Notices given before actual receipt of notice of change shall not be invalidated by the change.

3. DEVELOPMENT OF THE PROPERTY.

3.1. Vested Right to Develop . Subject to the terms of this Second Amended Agreement including the Reservations of Authority, DEVELOPER shall have a vested right to develop the Property in accordance with, and to the extent of, the Development Plan. The Project shall remain subject to all Subsequent Development Approvals required to complete the Project as contemplated by the Development Plan. Except as otherwise provided in this Second Amended Agreement, the permitted uses of the Property, the density and intensity of use, the maximum height and size of proposed buildings, and provisions for reservation and dedication of land for public purposes shall be those set forth in the Development Plan.

3.2. Effect of Second Amended Agreement on Land Use Regulations . Except as otherwise provided under the terms of this Second Amended Agreement including the Reservations of Authority, the rules, regulations and official policies governing permitted uses of the Property, the density and intensity of use of the Property, the maximum height and size of proposed buildings, and the design, improvement and construction standards and specifications applicable to development of the Property shall be the Existing Land Use Regulations. In connection with any Subsequent Development Approval, CITY shall exercise its discretion in accordance with the Development Plan and as provided by this Second Amended Agreement including, but not limited to, the Subsequent Land Use Regulations set forth as Reservations of Authority set forth in Section 3.6, below, but otherwise the development of the Property shall not be subject to any other Subsequent Land Use Regulations, whether adopted by action of the City Council or by initiative which conflicts with the

1.1.i
Packet Pg. 195
Attachment: Attachment 7_2nd Amended and Restated Iron Horse Hills Development Agreement_11-9-23 (4468 : Appeal - Amendment of Iron 13 15638
ability of the DEVELOPER to construct the Project in accordance with the Development Plan. CITY shall accept for processing, review and action all applications for Subsequent Development Appro vals, and such applications shall be processed in the normal manner for processing such matters.

3.3. Timing of Development . The parties acknowledge that DEVELOPER cannot at this time predict when or the rate at which phases of the Property will be developed. Such decisions depend upon numerou s factors which are not within the control of DEVELOPER, such as market orientation and demand, interest rates, absorption, completion and othe r similar factors. Since the California Supreme Court held in Pardee Construction Co. v. City of Camarillo (1984) 37 Cal.3d 465, that the failure of the parties therein to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over such parties’ agreement, it is the parties’ intent to cure that defici ency by acknowledging and providing that DEVELOPER shall have the right to develop the Property in such order and at such rate and at such times as DEVELOPER deems appropriate within the exercise of its subjective business judgment, subject only to any timin g or phasing requirements set forth in the Development Plan or the Phasing Plan set forth in Section 3.4.

3.4. Phasing Plan . Development of the Property shall be subject to all timing and phasing requirements established by the Development Plan.

3.5. Changes and Amendments . The parties acknowledge that refinement and further development of the Project will require Subsequent Development Approvals and may demonstrate that changes are appropriate and mutually desirable in the Existing Development Approvals. In the event DEVELOPER finds that a change in the Existing Development Appro vals is necessary or appropriate, DEVELOPER shall apply for a Subsequent Development Approval to effectuate such change and CITY shall process and act on such application in accordance with the Existing Land Use Regulations, except as otherwise provided by this Second Amended Agreement including the Reservations of Authority . If approved, any such change in the Existing Development Approvals shall be incorporated herein as an addendum to Exhibits “B” and “C”, and may be further changed from time to time as provided in this Section. Unless otherwise required by law, as determined in CITY's reasonable discretion, a change to the Existing Development Approvals shall be deemed “minor” and not require an amendment to this Second Amended Agreement provided such change does not contemplate any of the following :

3.5.1. Alter the permitted uses of the Property as a whole; or,

3.5.2. Increase the density or intensity of use of the Property as a whole; or,

3.5.3. Increase the maximum height and size of permitted buildings; or,

3.5.4. Delete a requirement for the reservation or dedication of land for public purposes within the Property as a whole; or,

3.5.5. Constitute a project requiring a subsequent or supplemental environmental impact report pursuant to Section 21166 of the Public Resources Code.

3.5.6. Revise internal circulation network, including points of access.

3.6. Reservations of Authority.

3.6.1. Limitations, Reservations and Exceptions . Notwithstanding any

1.1.i
Packet Pg. 196
Attachment: Attachment 7_2nd Amended and Restated Iron Horse Hills Development Agreement_11-9-23 (4468 : Appeal - Amendment of Iron 14 15638
other provision of this Second Amended Agreement, the following Subsequent Land Use Regulations shall apply to the development of the Property.

(a) Processing fees and charges of every kind and nature imposed by CITY to cover the estimated actual costs to CITY of processing applications for Development Approvals or for monitoring compliance with any Development Approvals granted or issued.

(b) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports , recommendations, appeals and any other matter of procedure.

(c) Regulations governing construction standards and specifications including, without limitation, the CITY's Building Code, Plumbing Code, Mechanical Code, Electrical Code, Fire Code and Grading Code.

(d) Regulations imposing Development Exactions; provided, however, that no such subsequently adopted Development Exaction shall be applicable to development of the Property unless such Development Exaction is applied uniformly to development, either throughout the CITY or within a defined area of benefit which includes the Property. No such subsequently adopted Development Exaction shall apply if its application to the Property would physically prevent development of the Property for the uses and to the density or intensity of development set forth in the Development Plan. In the event any such subsequently adopted Development Exaction fulfills the same purposes, in whole or in part , as the fees set forth in Section 4 of this Second Amended Agreement, CITY shall allow a credit against such subsequently adopted Development Exaction for the fees paid under Section 4 of this Second Amended Agreement to the extent such fees fulfill the same purposes.

(e) Regulations which may be in conflict with the Development Plan but which are reasonably necessary to protect the public health and safety. To the extent possible, any such regulations shall be applied and construed so as to provide DEVELOPER with the rights and assurances provided under this Second Amended Agreement.

(f) Regulations which are not in conflict with the Development Plan. Any regulation, whether adopted by initiative or otherwise, limiting the rate or timing of development of the Property shall be deemed to conflict with the Development Plan and shall therefore not be applicable to the development of the Property.

(g) Regulations which are in conflict with the Development Plan provided DEVELOPER has given written consent to the application of such regulations to development of the Property.

3.6.2. Subsequent Development Approvals . This Second Amended Agreement shall not prevent CITY, in acting on Subsequent Development Approvals , from applying Subsequent Land Use Regulations which do not conflict with the Development Plan, nor shall this Second Amended Agreement prevent CITY from denying or conditionally approving any Subsequent Development Approval on the basis of the Existing Land Use Regulations or any Subsequent Land Use Regulation not in conflict with the Development Plan.

3.6.3. Modification or Suspension by State or Federal Law . In the event that State or Federal laws or regulations, enacted after the Effective Date of this Second Amended

1.1.i
Packet Pg. 197
Attachment: Attachment 7_2nd Amended and Restated Iron Horse Hills Development Agreement_11-9-23 (4468 : Appeal - Amendment of Iron 15 15638
Agreement, prevent or preclude compliance with one or more of the provisions of this Second Amended Agreement, such provisions of this Second Amended Agreement shall be modified or suspended as may be necessary to comply with such State or Federal laws or regulations, provided, however, that this Second Amended Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce.

3.7. Public Works . If DEVELOPER is required by this Second Amended Agreement to construct any public works facilities which will be dedicated to CITY or any other public agency upon completion, and is required by applicable laws to do so, DEVELOPER shall perform such work in the same manner and subject to the same requirements as would be applicable to CITY or such other public agency should it have undertaken such construction.

3.8. Project as a Private Undertaking . It is specifically understood and agreed by and between the Parties hereto that with the exception of the public works and improvements that may be constructed or installed under contract and “paid for in whole or in part from public funds ” as defined in Labor Code section 1720(b), the development of the Project is a private and not a public sector development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Second Amended Agreement. No partnership, joint venture or other association of any kind is formed by this Second Amended Agreement. The only relationship between CITY and DEVELOPER is that of a government entity regulating the development of private property by the owner of such property. Other than public improvements to be constructed pursuant to or financed by a Mello-Roos Community Facilities District as further provided herein, CITY and DEVELOPER do not intend for the terms of this Second Amended Agreement to in any manner make construction of improvements connected with the private residential in-tract improvement and construction components of the Project within the Property to be subject to the provisions of the Prevailing Wage Statutes (Labor Code section 1720 et seq.). If DEVELOPER believes in good faith that the California Prevailing Wage Statutes do not apply to particular development activities occurring on or with respect to the Property , as applicable, CITY agrees to provide reasonable cooperation and assistance to DEVELOPER in that regard, provided that such assistance shall be at no cost to CITY and the ultimate responsibility and risk for complying with applicable Governmental Requirements with respect to the Prevailing Wage Statutes shall remain with DEVELOPER, not CITY.

3.9. Provision of Real Property Interests by CITY . In any instance where DEVELOPER is required to construct any public improvement on land not owned by DEVELOPER, DEVELOPER shall at its sole cost and expense provide or cause to be provided, the real property interests necessary for the construction of such public improvements. In the event DEVELOPER is unable, after exercising reasonable efforts, including , but not limited to, the rights under Sections 1001 and 1002 of the Civil Code, to acquire the real property interests necessary for the construction of such public improvements, and if so instructed by DEVELOPE R and upon DEVELOPER's provision of adequate security for costs CITY may reasonably incur, CITY shall negotiate the purcha se of the necessary real propert y interests to allow DEVELOPER to construct the public improvements as required by this Second Amended Agreement and, if nece ssary, in accordance with the procedures

1.1.i
Packet Pg. 198
Attachment: Attachment 7_2nd Amended and Restated Iron Horse Hills Development Agreement_11-9-23 (4468 : Appeal - Amendment of Iron 16 15638
established by law, including but not limited to Government Code section 66462.5, use its power of eminent domain to acquire such required real property intere sts. DEVELOPER shall pay all costs associated with such acquisition or condemnation proceedings. This Section 3.8 is not intended by the parties to impose upon the DEVELOPER an enforceable duty to acquire land or construct any public improvements on land not owned by DEVELOPER, except to the extent that the DEVELOPER elects to proceed with the development of the Project, and then only in accordance with valid condition s imposed by the CITY upon the development of the Project under the Subdivision Map Act or other legal authority.

3.10. Regulation by Other Public Agencies . It is acknowledged by the parties that other public agencies not within the control of CITY possess authority to regulate aspects of the development of the Property separately from or jointly with CITY and this Second Amended Agreement does not limit the authority of such other public agencies.

3.11. Tentative Tract Map Extension . The life of any tentative tract map shall automatically be extended for the term of this Second Amended Agreement pursuant to Government Code section 66452.6(a).

3.12. Utilities. The Project shall be connected to all utilities necessary to provide adequate water, sewer, gas, electric, and other utility service to the Project. DEVELOPER shall contract with the CITY for CITY -owned or operated utilities serving the Project for such prices and on such terms as may be mutually agreed to between the parties.

4. PUBLIC BENEFITS.

Accordingly, the parties intend to provide consideration to the public to balance the private benefits conferred on DEVELOPER by providing more fully for the satisfaction of the public needs resulting from the Project as well as also providing additional public benefits not necessitated by the Project.

4.2. Determination and Design of Offsite Street Improvements. DEVELOPER, pursuant to a condition of approval for Modified Tract 16798, is required to construct certain offsite street improvements (“Offsite Street Improvements ”). Although the exact nature and extent of such Offsite Street Improvements has not been finally determined by CITY, such Offsite Street Improvements potentially include, but are not limited to the widening and realignment of Barton Road along the Property frontage westerly to Washington Street allowing for two lanes in each direction, or alternatively, the possible revision of traffic circulation between Center Drive and Barton Road to allow for one-way roads and a traffic signal at Center Drive, Barton Road and Walin Street. DEVELOPER shall design, construct and install the Offsite Street Improvements in accordance with improvement plans prepared or caused to be prepared by DEVELOPER and submitted to the CITY for its review and approval. The CITY acknowledges that the Offsite Street Improvements are not solely required for the development of the Property, but rather will provide benefits to other lands and the residents of the CITY. CITY shall satisfy the CITY's Reimbursement Obligation related to the Offsite Street Improvements in accordance with the provisions of Section 4.7 of this Second Amended Agreement. Notwithstanding the foregoing, CITY acknowledges and agrees that “Street A” is intended to be fully improved street and will be constructed to the location shown on

1.1.i
Packet Pg. 199
Attachment: Attachment 7_2nd Amended and Restated Iron Horse Hills Development Agreement_11-9-23 (4468 : Appeal - Amendment of Iron 17 15638
Modified Tract 16798, and that an Emergency Vehicle Access road will be constructed from the termination point of “Street A” to Westwood Road (the “ EVA Road ”). DEVELOPER will only be responsible for constructing the EVA Road to CITY’s standards for an unimproved, graded road .

4.3. Well Site. Following recordation of the final map , DEVELOPER shall convey to CITY approximately 0.5 acres of the Property designated as Lot L of Modified Tract 16978 as described and shown on Exhibit “D” for the purpose of a new Well Site, the new Well will be drilled and constructed by DEVELOPER with the costs to be shared by the CITY and DEVELOPER proportionally, based on the ratio of the Project’s water requirements divided by the total capacity of the Well 1, as determined by the findings and conclusions of a well site a ssessment (the “WSA”), and thereafter dedicated to the CITY as a CITY-owned well (the “Well”) to serve the entire regional Reche Canyon Specific Plan area as well as the Property (“ Well Site”). The conveyance of the Well Site by DEVELOPER to CITY shall be in accordance with the Subdivision Map Act and may be accomplished by a Lot Line Adjustment. Such conveyance of the Well Site shall also provide for grants of easements over portions of the Property to be mutually determined by CITY and DEVELOPER for access, ingress, egress, construction, pipeline and utility purposes associated with the construction, operation and maintenance of the Well. Following the conveyance of the Well Site to CITY, DEVELOPER shall design and construct the Well on the Well Site, in accordance with plans prepared or caused to be prepared by CITY and reviewed and approved by CITY. CITY and DEVELOPER shall share the cost and expense, as provided above, for designing, constructing and installing such interim improvements including, but not limited to roadway, pipeline and utilities necessary to construct, operate and maintain the Well (“Interim Improvements ”). Following the recordation of a Final Map for that portion of Modified Tract 16798 covering the Interim Improvements, DEVELOPER shall be required to construct and install permanent improvements to replace the Interim Improvements pursuant t o the provisions of conditions of approval to the Existing Development Approvals.

4.4. Neighborhood Park s. DEVELOPER shall dedicate to the CITY three neighborhood parks consisting of a total of approximately 7.1 acres as shown on the Modified Tract 16798 (“Neighborhood Parks”) located within Lot B and Lot H together with improvements as generally shown on Exhibit “F” (“Park Improvements”). The Park Improvements shall be constructed and installed by DEVELOPER in accordance with plans prepared by or caused to be prepared by DEVELOPER and submitted to CITY for its review and approval. CITY acknowledges the value of the land for the Neighborhood Parks sites is Nine Hundred Eighty-Five Thousand Dollars ($985,000.00) and that the costs for construction and installation of the Park Improvements is currently estimated to be Nine Hundred Twenty-Four Thousand Dollars ($924,000.00). Thus, the value of the land and Park Improvements exceeds the Project’s park land dedication and in-lieu fee requirement of the CITY’s Quimby Act Ordinance adopted pursuant to Government Code section 66477 (Municipal Code section

16.58.010 et seq.), which for the 184 dwelling units to be constructed on the Project is currently in the amount of One-Million Thirty -One Thousand Three -Hundred Twenty Dollars ($1,031,320) .

Therefore DEVELOPER’S construction and installation of the Park Improvements and dedication to the CITY of the Neighborhood Parks shall be deemed to be in full and complete satisfaction of the CITY’s Quimby Act ordinance, and DEVELOPER shall not be required to pay any CITY Quimby Act fees. The Park Improvement shall be completed by no later than the issuance of the sixtieth (60 th) certificate of occupancy for a residential dwelling unit constructed on the Property.

1 For illustrative purposes, if the WSA determines that the Project’s water requirements equals one -tenth of the total Well capacity, then the cost of the WSA would be allocated between the City and Developer on a 90 -10 basis; with the City paying 90% of the cost and Developer paying 10% of the cost.

1.1.i
Packet Pg. 200
Attachment: Attachment 7_2nd Amended and Restated Iron Horse Hills Development Agreement_11-9-23 (4468 : Appeal - Amendment of Iron 18 15638

4.5. Development Impact Fees .

4.5.1. Limitation on Types and Increases of Development Impact Fees . As they apply to the Project, the Property or the DEVELOPER, except for the DAG Fee described in Section 4.6, below, all other Development Impact Fees imposed by the CITY in connection with the Development of the Project, whether imposed in connection with map approvals , building permit issuance, certificate of occupancy issuance or any other discretionary or ministerial CITY approval as set forth in Exhibit “G” (“Existing Development Impact Fees ”), shall be payable by DEVELOPER to CITY during the Term of this Second Amended Agreement. The Existing Development Impact Fees shall be fixed for a period of five (5) years following the Effective Date of this Second Amended Agreement at the rate in effect as of the Effective Date of this Second Amended Agreement ; provided, however, that notwithstanding the foregoing clause of this sentence, the rate of the City's “Circulation Fee-Arterial, Interchange and Railroad Crossing Improvements (“SBCTA Infrastructure Fee”)” shall not be fixed for a period of five (5) years following the Effective Date of this Second Amended Agreement, but shall be subject to annual adjustment. Additionally, any new Development Impact Fees enacted by the CITY which take effect after the Effective Date of this Second Amended Agreement shall be applied to the Development of the Project or , the Property or the DEVELOPER. Moreover, nothing in this Section shall l imit the City Council’s power to increase fees which reimburse the CITY for the reasonable cost of processing Development applications or reimbursing the CITY for its reasonable costs of building inspection or plan checking (collectively, “Processing Fees”). Any such increase in any Processing Fees applicable to the Project, the Property or the DEVELOPER which is not prohibited by this Second Amended Agreement shal l only be applicable to the Project, the Property or the DEVELOPER to the extent that any such Processing Fee increase is applied by the CITY consistently and proportionately to all properties within the City in accordance with applicable law.

4.5.2. Credits. As provided in Sections 4.2 and 4.4 of this Second Amended Agreement, DEVELOPER shall be entitled to credits against the Development Impact Fees otherwise required for the dedication of land or the construction of improvements.

4.6. Development Agreement Fee . DEVELOPER shall pay to CITY, upon the issuance of each building permit for a residential dwelling unit constructed on the Project, a Development Agreement fee (“DAG Fee”) calculated as follows: an amount equal to Two Thousand Five Hundred Dollars ($2,500.00) plus fifty percent (50%) of the net proceeds from CFD Bonds actually issued for financing public improvements and facilities for the Project as further provided in Section 5 of this Second Amended Agreement in excess of Seventy-Eight Thousand Three Hundred Seven and 04/100 Dollars ($78,307.04) per residential dwelling unit. The DAG Fee shall not be paid from CFD Bond proceeds. If the CFD Bonds have not been issued at the time of the issuance of a building permit for the first (1 st) residential dwelling unit constructed on the Project, then the DAG Fee component shall be based upon the then estimated amount of net CFD Bond proceeds in excess of Seventy-Eight Thousand Three Hundred Seven and 04/100 Dollars ($78,307.04) per residential dwelling unit (“Estimated DAG Fee”). If at the time that the definitive amount of net CFD Bond proceeds is establish ed, the actual DAG Fee is greater than the Estimated DAG Fee, DEVELOPER, within sixty (60) days thereafter, shall remit to CITY the total difference between the actual DAG Fee and the Estimated DAG Fee multiplied by the number of residential dwelling units for which the Estimated DAG Fee has been paid. If, on the other hand, the amount of the actual DAG Fee is less than the Estimated DAG Fee, DEVELOPER shall receive a first priority credit (“DAG Fee Credit”) against the payment of future DAG Fees in the total amount of the difference between the estimated DAG Fee and the actual DAG Fee, and DEVELOPER shall not be responsible for

1.1.i
Packet Pg. 201
Attachment: Attachment 7_2nd Amended and Restated Iron Horse Hills Development Agreement_11-9-23 (4468 : Appeal - Amendment of Iron 19 15638
paying the DAG Fee for future residential dwelling units until the amount of the total DAG Fee Credit has been exhausted.

Upon receipt of a Payment Request, the City Engineer shall conduct a review in order to confirm that such payment request is complete, that the public improvements identified therein were constructed substantiall y in accordance with the improvement plans therefor, and to verify and approve the actual costs of the public improvements specified in such payment requests as evidenced by the invoic es submitted (“Actual Costs”). Such review shall be conducted in an expeditious manner and the DEVELOPER agrees to reasonably cooperate with the CITY in conducting each such review and to provide such additional information and documentation as is reasonably necessary to conclude each such review. Within ten (10) business days following receipt of any Payment Request , the City Engineer shall notify the DEVELOPER whether such Payment Request is complete, and, if not, what additional documentation must be provided. If such Payment Request is complete, the City Engineer will provide a written approval or denial of the Payment Request within thirty (30) days after submittal. If the Payment Request is disapproved, City Engineer shall provide written notice of disapproval to the DEVELOPER within such thirty (30) day period stating in reasonable detail the reasons for such disapproval and the changes to the Payment Request necessary to obtain approval. If the City Engineer disputes the Actual Costs of any public improvement covered by the Payment Request, the City Engineer shall approve for payment an amount equal to the Actual Costs thereof that the City Engineer determines is appropriate (which shal l not be less than the amount of contracts and change orders previously reviewed by the City Engineer) and shall deliver notice of disapproval of the remaining amount. If the City Engineer disapproves any revised Payment Request, the City Engineer will provide a written notice of approval or denial to the DEVELOPER within ten (10) business days after the receipt of the revised Payment Request, which notice shall describe in reasonable detail the reason for the denial if applicable.

The City Engineer shall only be entitled to withhold approval for payment of a public improvement subject to a Payment Request if (a) the DEVELOPER has not provided conditional lien releases for labor and materials provided in connection with such public improvement (provided that this basis for disapproval shall not app ly if the DEVELOPER has provided payment bonds to the CITY or has provided bonds protecting the CITY from mechanic s’ liens by parties that have not provided lien releases in the form satisfactory to the CITY), (b) the public improvements have not been constructed substantially in accordance with the improvement plans, or (c) the City Engineer disputes the Actual Costs of any public improvement stated in the Payment Request.

5. FINANCING OF PUBLIC IMPROVEMENTS AND FACILITIES .

1.1.i
Packet Pg. 202
Attachment: Attachment 7_2nd Amended and Restated Iron Horse Hills Development Agreement_11-9-23 (4468 : Appeal - Amendment of Iron 20 15638
reimbursed from CFD Bond proceeds is attached as Exhibit “I”. It is understood that multiple CFD improvement areas may be established over portions of the Property in order to facilitate the funding of public improvements and facilities to correspond with the phased development of the Project. The parameters of the CFD(s) shall be as follows or as otherwise required to meet minimum requirements of California law, as the same may be amended from time to time: (i) a minimum loan -to-value ratio of 1 to 3; (ii) a total effective property tax/assessment payment rate not to exceed one and eighty five hundredths percent (1.85%) per year per parcel; (iii) a debt service coverage ratio not to exceed 1 to 1 (unless adequate credit enhancement is provided to the reasonable satisfaction of CITY); and (iv) an annual escalator on the CFD tax and debt service of no more than two percent (2%) per year.

5.2. In addition, CITY , in cooperation with and at the request of DEVELOPER, shall, prior to issuance of the first building permit, agree to annex into CFD No. 2021 -1 and CFD No. 2021 - 2 to fund public safety and public facilities maintenance services, respectively. DEVELOPER shall also exercise best efforts to initiate the establishment of other assessment distr icts, maintenance districts, or other financing districts authorized by State law in order to assist in the payment of public improvement costs for the Project, subject to the same limitations set forth hereinabove. Nothing in this Section 5 is intended to restrict the authority of public agencies and public utility companies other than the CITY with regard to public improvements and facilities over which such other agencies and companies have jurisdiction.

6. REVIEW FOR COMPLIANCE .

6.1. Periodic Review . The Development Services Director shall review this Second Amended Agreement annually, on or before the anniversary of the Effective Date, in order to ascertain the good faith compliance by DEVELOPER with the terms of th is Second Amended Agreement. DEVELOPER shall submit an Annual Monitoring Report, in a form acceptable to the Development Services Director, within 30 days after written notice from the Development Services Director. The Annual Monitoring Report shall be accompanied by an annual review and administration fee sufficient to defray the estimated costs of review and administration of this Second Amended Agreement during the succeeding year. The amount of the annual review and administration fee shall be set by resolution of the City Council.

6.2. Special Review . The City Council may order a special review of compliance with this Second Amended Agreement at any time. The Development Services Director shall conduct such special reviews.

6.3. Procedure.

6.3.1. During either a periodic review or a special review, DEVELOPER shall be required to demonstrate good faith compliance with the terms of this Second Amended Agreement.

The burden of proof on this issue shall be on DEVELOPER.

6.3.2. Upon completion of a periodic review or a special review, the Development Services Director shall submit a report to the City Council setting forth the evidence concerning good faith compliance by DEVELOPER with the terms of this Second Amended Agreement and his or her recommended finding on that issue.

1.1.i
Packet Pg. 203
Attachment: Attachment 7_2nd Amended and Restated Iron Horse Hills Development Agreement_11-9-23 (4468 : Appeal - Amendment of Iron 21 15638

6.3.4. If the City Council makes a preliminary finding that DEVELOPER has not complied in good faith with the terms and conditions of this Second Amended Agreement, the Council may modify or terminate this Second Amended Agreement as provided in Section 6.4 and Section 6.5. Notice of default as provided under Section 7.4 of this Second Amended Agreement shall be given to DEVELOPE R prior to or concurrent with, proceedings under Section 6.4 and Section 6.5.

6.4. Proceedings Upon Modification or Termination . If, upon a finding under Section 6.3, CITY determines to proceed with modification or term ination of this Second Amended Agreement, CITY shall give written notice to DEVELOPER of its intention so to do. The notice shall be given at least ten calendar days prior to the scheduled hearing and shall contain:

6.4.1. The time and place of the hearing;

6.4.2. A statement as to whether or not CITY proposes to terminate or to modify the Second Amended Agreement; and,

6.4.3. Such other information as is reasonably necessary to inform DEVELOPER of the nature of the proceeding.

6.5. Hearing on Modification or Termination . At the time and place set for the hearing on modification or termination, DEVELOPER shall be given an opportunity to be heard.

DEVELOPER shall be required to demonstrate good faith co mpliance with the terms and conditions of this Second Amended Agreement. The burden of proof on this issue shall be on DEVELOPER. If the City Council finds, based upon substantial evidence , that DEVELOPER h as not complied in good faith with the terms or conditions of this Second Amended Agreement, the City Council may terminate this Second Amended Agreement or modify this Second Amended Agreement and impose such conditions as are reasonably necessary to protect the interests of the CITY. The decision of the City Council shall be final, subject only to judicial review pursuant to Section 1094.5 of the Code of Civil Procedure.

6.6. Certificate of Agreement Compliance . If, at the conclusion of a Periodic or Special Review, DEVELOPER is found to be in compliance with this Second Amended Agreement, CITY shall, upon request by DEVELOPER, issue a Certificate of Agreement Compliance (“Certificate”) to DEVELOPER stating that after the most recent Periodic or Special Review and based upon the information known or made known to the Community Development Director and City Council that (1) this Second Amended Agreement remains in effect and (2) DEVELOPER is not in default. The Certificate shall be in recordable form, shall contain information necessary to communicate constructive record notice of the findin g of compliance, shall state whether the Certificate is issued after a Periodic or Special Review and shall state the anticipated date of commencement of the next Periodic Review. DEVELOPER may record the Certificate with the County Recorder.

Whether or not the Certificate is relied upon by assignees or other transferees or DEVELOPER, CITY shall not be bound by a Certificate if a default existed at the time of the Periodic or Special Review, but was concealed from or otherwise not known to the Community Development Director or City Council.

7. DEFAULT AND REMEDIES .

7.1. Remedies in General. It is acknowledged by the parties that CITY would

1.1.i
Packet Pg. 204
Attachment: Attachment 7_2nd Amended and Restated Iron Horse Hills Development Agreement_11-9-23 (4468 : Appeal - Amendment of Iron 22 15638
not have entered into this Second Amended Agreement if it were to be liable in damages under this Second Amended Agreement, or with respect to this Second Amended Agreement or the application thereof. In general, each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this Second Amended Agreement, except that CITY shall not be liable in damages to DEVELOPER , or to any successor in interest of DEVELOPER, or to any other person, and DEVELOPER covenants not to sue for damages or claim any damages:

7.1.1. For any breach of this Second Amended Agreement or for any cause of action which arises out of this Second Amended Agreement; or

7.1.2. For the taking, impairment or restriction of any right or interest conveyed or provided under or pursuant to this Second Amended Agreement; or

7.1.3. Arising out of or connected with any dispute, controversy or issue regarding the application or interpretation or effect of the provisions of thi s Second Amended Agreement.

Notwithstanding the foregoing, nothing in this Second Amended Agreement shall be deemed to preclude DEVELOPER from instituting a legal action to enforce any right or pursue any remedy, including damages, based upon any alleged wrongful action of CITY concerning the Development of the Property arising independently from the terms of this Second Amended Agreement.

7.2. Specific Performance . The parties acknowledge that money damages and remedies at law generally are inadequate and specific performance and other non -monetary relief are particularly appropriate remedies for the enforcement of this Second Amended Agreement and should be available to all parties for the following reasons:

7.2.1. Money damages are unavailable against CITY as provided in Section

7.1 above.

7.2.2. Due to the size, nature and scope of the project, it may not be practical or possible to restore the Property to its natural condition once implementation of this Second Amended Agreement has begun. After such implementation, DEVELOPER may be foreclosed from other choices it may have had to utilize the Property or portions thereof. DEVELOPER has invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this Second Amended Agreement and will be investing even more significant time and resources in implementing th e Project in reliance upon the terms of this Second Amended Agreement, and it is not possible to determine the sum of money which would adequately compensate DEVELOPER for such efforts.

7.3. Release. Except for non-damage remedies, including the remedy of specific performance and judicial review, as DEVELOPER , for itself, its successors and assignees, hereby releases the CITY, its officers, agents and employees from any and all claims, demands , actions, or suits of any kind or nature arising out of any liability, known or unknown, present or future, including, but not limited to, any claim or liability, based or asserted, pursuant to Article I, Section 19 of the California Constitution, the Fifth Amendment of the United States Constitution , or any other law or ordinance which seeks to impose any other liability or damage, whatsoever, upon the CITY because it entered into this Second Amended Agreement or because of the terms of this Second Amended Agreement.

1.1.i
Packet Pg. 205
Attachment: Attachment 7_2nd Amended and Restated Iron Horse Hills Development Agreement_11-9-23 (4468 : Appeal - Amendment of Iron 23 15638

7.4. Termination or Modification of Second Amended Agreement for Default of DEVELOPER. Subject to the provisions contained in Subsection 6.5 herein, CITY may terminate or modify this Second Amended Agreement for any failure of DEVELOPER to perform any material duty or obligation of DEVELOPER under this Second Amended Agreement, or to comply in good faith with the terms of this Second Amended Agreement (hereinafter referred to as “default”); provided, however, CITY may terminate or modify this Second Amended Agreement pursuant to this Section 7.4 only after providing written notice to DEVELOPER of default setting forth the nature of the default and the actions , if any, required by DEVELOPER to cure such default and, where the default can be cured, DEVELOPER has failed to take such actions and cure such default within 60 days after the effective date of su ch notice or, in the event that such default cannot be cured within such 60 day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such 60 day period and to diligently proceed to complete such actions and cure such default.

7.5. Termination of Second Amended Agreement for Default of CITY.

8. THIRD PARTY LITIGATION.

8.1. Third Party Litigation Concerning Second Amended Agreement .

DEVELOPER shall defend, at its expense, including attorneys' fees, indemnify, and hold harmless CITY, its agents, officers and employees from any claim, action or proceeding against CITY, its agents, officers, or employees to attack, set aside, void, or annul the approval of this Second Amended Agreement or the approval of any permit granted pursuant to this Second Amended Agreement. CITY shall promptly notify DEVELOPER of any such claim, action or proceeding, and CITY shall cooperate in the defense. If CITY fails to promptly notify DEVELOPER of any such claim, action or proceeding, or if CITY fails to cooperate in the defense, DEVELOPER shall not thereafter be responsible to defend, indemnify, or hold harmless CITY. CITY may in its discretion participate in the defense of any such claim, action or proceeding.

8.2. Indemnity. In addition to the provisions of 8. 1 above, DEVELOPE R shall indemnify and hold CITY, its officers, agents, employees and independent contractors free and harmless from any liability whatsoever, based or asserted upon any act or omission of DEVELOPER, its officers, age nts, employees, subcontractors and independent contractors , for property damage, bodi ly injury, or death (DEVELOPER ’s employees included) or any other element of damage of any kind or nature, relating to or in any way connected with or arising from the activities contemplated hereunder, including, but not limited to, the study, design, engineering, construction, completion, failure and conveyance of the public improvements, save and except claims for damages arising through the sole active negligence or sole willful misconduct of CITY.

DEVELOPER shall defend, at its expense, including attorneys' fees, CITY, its officers, agents, employees and independent contractors in any legal action based upon such alleged acts or omissions. CITY may in its discretion participate in the defense of any such legal action.

1.1.i
Packet Pg. 206
Attachment: Attachment 7_2nd Amended and Restated Iron Horse Hills Development Agreement_11-9-23 (4468 : Appeal - Amendment of Iron 24 15638

8.3. Environmental Assurances. DEVELOPER shall indemnify and hold CITY, its officers, agents, and employees free and harmless from any liability, based or asserted, upon any act or omission of DEVELOPER, its officers , agents, employees, subcontractors, predecessors in interest, successors, assigns and independent contractors for any violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to environmental conditions on, under or about the Property, including, but not limited to, soil and groundwater conditions, and DEVELOPER shall defend, at its expense, including attorneys' fees, CITY, its officers, agents and employees in any action based or asserted upon any such alleged act or omission. CITY may in its discretion participate in the defense of any such action.

8.4. Reservation of Rights. With respect to Sections 8.1, 8.2 and 8.3 herein, CITY reserves the right to either (1) approve the attorney(s) which DEVELOPER selects, hires or otherwise engages to defend CITY hereunder, which approval shall not be unreasonably withheld, or (2) conduct its own defense, provided, however, that DEVELOPER shall reimburse CITY forthwith for any and all reasonable expenses incurred for such defense, including attorneys' fees, upon billing and accounting therefor.

8.5. Survival. The provisions of th ese Sections 8. 1 through 8. 5, inclusive, shall survive the termination of this Second Amended Agreement.

9. MORTGAGEE PROTECTION.

9.1. The parties hereto agree that this Second Amended Agreement shall not prevent or limit DEVELOPER, in any manner, at DEVELOPER's sole discretion, from encumbering the Propert y or any porti on thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Property. CITY acknowledges that the lenders providing such financing may require certain Second Amended Agreement interpretations and modifications and agrees upon request, from time to time, to meet with DEVELOPER and representatives of such lenders to negotiate in good faith any such request for interpretation or modification. CITY will not unreasonab ly withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Second Amended Agreement. Any Mortgagee of the Property shall be entitled to the following rights and privileges:

9.2 Neither entering into this Second Amended Agreement nor a breach of this Second Amended Agreement shall defeat, render invalid, diminish or impair the lien of any mortgage on the Property made in good faith and for value, unless otherwise required by law.

9.3 The Mortgagee of any mortgage or deed of trust encumbering the Property, or any part thereof, which Mortgagee, has submitted a request in writing to the CITY in the manner specified herein for giving notices, shall be entitled to receive written notification from CITY of any default by DEVELOPER in the performance of DEVELOPER's obligations under this Second Amended Agreement.

9.4 If CITY timely receives a request from a Mortgagee requesting a copy of any notice of default given to DEVELOPER under the terms of this Second Amended Agreement, CITY shall provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to DEVELOPER. The Mortgagee shall have the right, but not the obligation , to cure the default during the remaining cure period allowed such party under this Second Amended Agreement.

1.1.i
Packet Pg. 207
Attachment: Attachment 7_2nd Amended and Restated Iron Horse Hills Development Agreement_11-9-23 (4468 : Appeal - Amendment of Iron 25 15638

Notwithstanding any other provision of this Second Amended Agreement to the contrary , no Mortgagee shall have an obligation or duty under this Second Amended Agreement to perform any of DEVELOPER’s obligations or other affirmative covenants of DEVELOPER hereunder, or to guarantee such performance; provided , however, that to the extent that any covenant to be performed by DEVELOPER is a condition precedent to the performance of a covenant by CITY, the performance thereof shall continue to be a condition precedent to CITY’s performance hereunder, and further provided that any sale, transfer or assignment by any Mortgagee in possession shall be subject to the provisions of Section 2.4 of this Second Amended Agreement.

10. MISCELLANEOUS PROVISIONS.

10.1. Recordation of Second Amended Agreement . This Second Amended Agreement and any amendment or cancellation thereof shall be recorded with the County Recorder by the City Clerk within the period required by Section 65868.5 of the Government Code.

10.2. Entire Agreement. This Second Amended Agreement sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Second Amended Agreement.

10.3. Severability. If any term, provision, covenant or condition of this Second Amended Agreement shall be determined invalid, void or unenforceable, the remainder of this Second Amended Agreement shall not be affected thereby to the extent such remaining provisions are no t rendered impractical to perform taking into consideration the purposes of this Second Amended Agreement. Notwithstanding the foregoing, the provision of the Public Benefits set forth in Section 4 of this Second Amended Agreement, including the payment of the fees set forth therein, are essential elements of this Second Amended Agreement and CITY would not have entered into this Second Amended Agreement but for such provisions, and therefore in the event such provisions are determined to be invalid, void or unenforceable, this entire Second Amended Agreement shall be null and void and of no force and effect whatsoever.

10.5. Section Headings . All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Second Amended Agreement.

10.6. Singular and Plural. As used herein, the singular of any word includes the plural.

1.1.i
Packet Pg. 208
Attachment: Attachment 7_2nd Amended and Restated Iron Horse Hills Development Agreement_11-9-23 (4468 : Appeal - Amendment of Iron 26 15638

10.7. Joint and Several Obligations . If at any time during the term of this Second Amended Agreement the Property is owned, in whole or in part, by more than one DEVELOPER, all obligations of such DEVELOPERS under this Second Amended Agreement shall be joint and several, and the default of any such DEVELOPER shall be the default of all such DEVELOPERS.

Notwithstanding the foregoing, no DEVELOPER of a single lot which has been finally subdivided and sold to such DEVELOPER as a member of the general public or otherwis e as an ultimate user shall have any obligation under this Second Amended Agreement except as provided under Section 4 hereof.

10.8. Time of Essence. Time is of the essence in the performance of the provisions of this Second Amended Agreement as to which time is an element.

10.9. Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Second Amended Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party's right to insist and demand strict compliance by the other party with the terms of this Second Amended Agreement thereafter.

10.10. No Third Party Beneficiaries . This Second Amended Agreement is made and entered into for the sole protection and benefit of the parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Second Amended Agreement.

10.11. Force Majeure . Neither party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Second Amended Agreement is caused by floods, earthquakes , other Acts of God, fires, wars, riots or similar hostilities, strikes and other labor difficulties beyond the party's control, (including the party's employment force), government regulations, court actions (such as restraining orders or injunctions), or other causes beyond the party’s control. If any such events shall occur, the term of this Second Amended Agreement and the time for performance by either party of any of its obligations hereunder may be extended by the written agreement of the parties for the period of time that such events prevented such performance, provided that the term of this Second Amended Agreement shall not b e additionally extended pursuant to this Section 10.11 under any circumstances for more than five (5) years.

10.13. Successors in Interest and Assigns . The burdens of this Second Amended Agreement shall be binding upon, and the benefits of this Second Amended Agreement shall inure to, all successors in interest and assigns to the parties to this Second Amended Agreement. All provisions of this Second Amended Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from doing some act hereunder with regard to development of the Property: (a) is for the benefit of and is a burden upon every portion of the Property; (b) runs with the Property and each portion thereof; and, (c) is binding upon each party and each successor in interest during ownership of the Property or any portion thereof.

1.1.i
Packet Pg. 209
Attachment: Attachment 7_2nd Amended and Restated Iron Horse Hills Development Agreement_11-9-23 (4468 : Appeal - Amendment of Iron 27 15638

10.15. Jurisdiction and Venue . Any action at law or in equity arising under this Second Amended Agreement or brought by a party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Second Amended Agreement shall be filed and tried in the Superior Court of the County of San Bernardino, State of California, and the parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court.

10.16. Further Actions and Instruments . Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Second Amended Agreement and the satisfaction of the conditions of this Second Amended Agreement. Upon the request of either party at any time, the other party shall promptly execute, with acknowledgmen t or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Second Amended Agreement to carry out the intent and to fulfill the provisions of this Second Amended Agreement or to evidence or consummate the transactions contemplated by this Second Amended Agreement.

10.17. Eminent Domain. No provision of this Second Amended Agreement shall be construed to limit or restrict the exercise by CITY of its power of eminent domain.

10.18. Authority to Execute. The person or persons executing this Second Amended Agreement on behalf of DEVELOPER warrants and represents that he, she or they have the authority to execute this Second Amended Agreement on behalf of his, her or their corporation, partnership or business entity and warrants and represents that he , she or they has/have the authority to bind DEVELOPER to the performance of its obligations hereunder.

[SIGNATURES ON NEXT PAGE]

1.1.i
Packet Pg. 210
Attachment: Attachment 7_2nd Amended and Restated Iron Horse Hills Development Agreement_11-9-23 (4468 : Appeal - Amendment of Iron 28 15638
IN WITNESS WHEREOF, the parties hereto have executed this Second Amended Agreement on the last day and year set forth below.

DEVELOPER:

IRON HORSE HILLS LLC, an Arizona limited
liability company

By: Paxton, Inc., an Arizona corporation, its
Manager

By:

Patrick E. Sovereign, Vice President

By:

Annette Beus, Secretary

Dated:

CITY:

CITY OF COLTON, a California municipal
corporation

By:

Mayor,

Dated:

ATTEST:

By:

City Clerk

APPROVED AS TO LEGAL FORM:

BEST & KRIEGER LLP

By:

City Attorney

1.1.i
Packet Pg. 211
Attachment: Attachment 7_2nd Amended and Restated Iron Horse Hills Development Agreement_11-9-23 (4468 : Appeal - Amendment of Iron

29 15638

EXHIBITS

A. Legal Description and Depiction of Property.

A-1. Substantial Conformance Map.

B. Existing Development Approvals.

C. Existing Land Use Regulations.

D. Well Site.

E. Intentionally Omitted .

F. General Description of Neighborhood Parks Improvements.

G. Existing Development Impact Fees.

H. List of CFD Reimbursement Eligible Items.

1.1.i
Packet Pg. 212
Attachment: Attachment 7_2nd Amended and Restated Iron Horse Hills Development Agreement_11-9-23 (4468 : Appeal - Amendment of Iron

30 15638
EXHIBIT “ A”

LEGAL DESCRIPTION AND DEPICTION OF PROPERTY

Real property in the City of Colton, County of San Bernardino, State of California, describes as follows:

TENTATIVE TRACT NO. 16798, BEING A SUBDIVISION OF THE FOLLOWING:

PARCEL NO. 1: (0164-471-01)

LOT “A”, TRACT NO. 9536, IN THE CITY OF COLTON, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 156 OF MAPS, PAGE(S) 17 THROUGH 19, INCLUSIVE, RECORDS OF SAID COUNTY.

PARCEL NO. 2: (0164-231-36 AND 0276-372-09)

THAT PORTION OF THE SOUTHEAST ¼ OF THE NORTHEAST ¼ OF SECTION 33, TOWNSHIP 1 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, AND OF THE SOUTHWEST ¼ OF THE NORTHWEST ¼ OF SECTION 34, TOWNSHIP 1 SOUTH, RANGE 4 WEST, SAN B ERNARDINO BASE AND

MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:

COMMENCING AT A POINT ON THE SOUTH LINE OF HILLTOP DRIVE (AS SHOWN IN RECORD OF SURVEY BOOK 11, PAGE 65), SAID POINT BEING ALSO THE NORTHEAST CORNER OF THE SOUTHEAST ¼ OF THE NORTHEAST ¼ OF SECTION 33; THENCE SOUTH 89 DEG. 58’ 30” WEST ALONG THE NORTH LINE OF SAID SOUTHEAST ¼ OF THE NORTHEAST ¼, 79.98 FEET (RECORDED 80.00 FEET); THENCE SOUTH 64 DE G. 59’ 30” WEST, 98.00 FEET TO THE POINT OF BEGINNING OF THAT CERTAIN PARCEL OF LAND CONVEYED TO RICHARD REX GLASGOW AND JOAN LUTIS ARMINGTON GLASGOW, RECORDED MARCH 25, 1960, IN BOOK 5092, PAGE 339, OFFICIAL RECORDS;
THENCE CONTINUING ALONG SAID GLASGOW PARCEL SOUTH 40 D EG. 35’ 48” WEST, 135.50 FEET TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 77 DEG. 00’ 00” WEST, 50.20 FEET; THENCE NORTH 82 DEG. 00’ 00” WEST, 38.00 FEET; THENCE NORTH 61 DEG. 00’ 00” WEST, 38.00 FEET; THENCE NORTH 46 DEG. 00’ 00” WEST, 38.00 FEET; THENCE NORTH 31 DEG. 00’ 00” WEST, 87.00 FEET; THENCE NORTH 15 DEG. 00’ 00” WEST, 31.82 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST ¼ OF THE SOUTHEAST ¼ OF SAID SECTION 33; THENCE SOUTH 89 DEG. 59’ 30” WEST ALONG SAID NORTH LINE, 282.83 FEET TO A PO INT ON THE SOUTHERLY RIGHT OF WAY LINE OF THE GAGE CANAL CO., AS SHOWN ON SHEET NO. 2 OF THE RECORD OF SURVEY BOOK 7, PAGES 88 TO 92; THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT OF WAY LINE NORTH 89 DEG. 56’ 40” WEST, 88.40 FEET (RECORDED NORTH 89 DEG. 55 ’ 40” WEST, RECORD OF SURVEY, BOOK 7, PAGE 89); THENCE SOUTH 69 DEG. 48’ 25” WEST, 68.10 FEET (RECORD SOUTH 69 DEG. 19’ WEST, RECORD OF SURVEY BOOK 7, PAGE 89); THENCE SOUTH 89 DEG. 57’ 40” WEST,

16.32 FEET TO THE INTERSECTION OF SAID SOUTHERLY RIGHT OF WA Y LINE WITH THE EASTERLY RIGHT OF WAY OF THE COUNTY ROAD FEDERAL AID PROJECT NO. 714; THENCE ALONG SAID EAST LINE SOUTH 43 DEG. 23’ 45” WEST, 170.25 FEET (RECORDED NORTH 43 DEG. 13’ 10” EAST); THENCE SOUTH 14 DEG. 14’ 45” WEST, 101.66 FEET (RECORDED NORTH 16 DEG. 00’ EAST, BOOK 4225, PAGE 271) TO THE MOST NORTHERLY POINT OF THAT CERTAIN PARCEL OF LAND CONVEYED TO GEORGE E.

GRAY AND HELYN E. GARY, MAY 9, 1957, IN BOOK 4225, PAGE 271, OF OFFICIAL RECORDS; THENCE LEAVING SAID EAST LINE OF THE COUNTY ROAD SOUTH 70 DEG. 08’ 06” EAST, 278.01 FEET (RECORDED SOUTH 68 DEG. 10’ EAST, 179.12 FEET); THENCE SOUTH 53 DEG. 34’ 45” EAST, 26.83 FEET (RECORDED SOUTH 51 DEG. 39’ 50” EAST, 26.83 FEET); THENCE SOUTH 42 DEG. 05’ 00” EAST, 63.23 FEET (RECORDED SOUTH 40 DEG. 11’ 50” EAST, 63.29 FEET); THENCE SOUTH 57 DEG. 48’ 40” EAST, 114.96 FEET (RECORDED SOUTH 55 DEG. 54’ 18” EAST, 115.10 FEET); THENCE SOUTH 35 DEG. 26’ 10” WEST, 44.67 FEET (RECORDED SOUTH 37 DEG. 07’ WEST, 44.71 FEET); THENCE SOUTH 23 DEG. 46’ 00” WEST, 105.80 F EET (RECORDED

1.1.i
Packet Pg. 213
Attachment: Attachment 7_2nd Amended and Restated Iron Horse Hills Development Agreement_11-9-23 (4468 : Appeal - Amendment of Iron

31 15638
SOUTH 25 DEG. 45’ WEST, 105.61 FEET); THENCE SOUTH 14 DEG. 32’ 20” WEST, 237.95 FEET (RECORDED SOUTH 16 DEG. 32’ WEST, 238.00 FEET); THENCE SOUTH 17 DEG. 03’ 55” WEST, 269.14 FEET TO AN ANGLE POINT IN THE NORTH LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED TO DR. W. B. TOWNSEND AND EVELYN T. TOWNSEND BY DEED RECORDED IN BOOK 1455, PAGE 216, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID NORTH LINE NORTH 82 DEG. 30’ 25” EAST, 185.50 FEET (RECORDED NORTH 82 DEG. 40’ EAST, 186.00 FEET); THENCE SOUTH 15 DEG. 48’ 35” EAST, 280.21 FEET (RECORDED SOUTH 15 DEG. 39’ EAST, 278.10 FEET) TO THE SOUTH LINE OF THE SOUTHEAST ¼ OF THE NORTHEAST ¼ OF SECTION 33; THENCE ALONG SAID SOUTH LINE SOUTH 89 DEG. 40’ 15” EAST, 575.81 FEET TO THE SOUTHWEST CORNER OF S AID NORTHWEST ¼ OF SAID SECTION 34; THENCE NORTH 88 DEG. 14’ 50” EAST, ALONG SOUTH LINE OF SAID NORTHWEST ¼ 200.00 FEET; THENCE NORTH 16 DEG. 00’ 00” EAST, 405.69 FEET; THENCE NORTH 59 DEG. 00’ 00” EAST, 104.70 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 650.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE FROM A TANGENT BEARING NORTH 31 DEG. 00’ 00” WEST, THROUGH A CENTRAL ANGLE OF 08 DEG. 00’ 00”, A DISTANCE OF 90.76 FEET; THENCE NORTH 23 DEG. 00’ 00” WEST, 105.00 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE EAST AND HAVING A RADIUS OF 20.00 FEET;

THENCE NORTHERLY AND NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 90 DEG. 00’ 00”, A DISTANCE OF 31.42 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 500.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 08 DEG. 30’ 00”, A DISTANCE OF 74.18 FEET; THENCE NORTH 14 DEG. 30’ 00” WEST, 290.00 FEET; THENCE NORTH 43 DEG. 00’ 00” E AST, 30.00 FEET; THENCE NORTH 74 DEG. 15’ 19” WEST, 640.00 FEET; THENCE NORTH 15 DEG. 44’ 41” EAST 37.30 FEET TO THE POINT OF BEGINNING.

PARCEL NO. 3: (0276-372-03)

THAT PORTION OF LOT 6 OF THE POOLE TRACT AS SHOWN BY MAP ON FILE IN BOOK 11, PAGE 40 OF

MAPS, OFFICIAL RECORDS OF SAN BERNARDINO COUTNY, IN THE COUNTY OF SAN BERNARDINO,

STATE OF CALIFORNIA, LYING SOUTHEAST OF THE SOUTHEASTERLY RIGHT OF WAY LINE OF BARTON

ROAD AND SOUTH OF THE SOUTH LINE OF HILLTOP DRIVE, AS CONVEYED TO SAN BERNARDINO COUNTY AND SHOWN ON RECORD OF SURVEY IN BOOK11, RECORDS OF SURVEY, PAGE 65, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

PARCEL NO. 4: (0276-372-04)

THAT PORTION OF LOT 45, TRACT NO. 2186, EAST COLTON HEIGHTS, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 31 OF MAPS, PAGE(S) 78, AND ALSO AS SHOWN ON LICENSED LAND SURVEYORS MAP, RECORDED IN BOOK 11 OF RECORDS OF SURVEYS, PAGE 65, IN THE OFFICE OF THE COUNTY RECORDER SAID COUNTY DESCRIBED AS FOLLOWS:

BEGINNING AT A ½ INCH IRON PIPE IN THE SOUTH LINE OF SAID LOT, SHOWN ON SAID LICENSED LAND SURVEYORS MAP, AS BEING DISTANT SOUTH 89 DEG. 59’ 30” WEST, 330 FEET FROM THE SOUTHEAST CORNER OF SAID LOT; THENCE NORTH 10 DEG. 38’ 15” WEST, 136.58 FEET TO AN IRON PIPE STAKE AS SHOWN ON SAID LICENSED SURVEYORS MAP; THENCE NORTH 40 DEG. 08’ 15” WEST, 264.41 FEET TO A POINT IN THE NORTHWESTERLY LINE OF SAID LOT 45; THENCE SOUTH 47 DEG. 02’ WEST, 290.37 FEET TO THE NORTHWESTERLY CORNER OF SAID LOT; THENCE SOUTH 0 DEG. 18’ 30” WEST, 136 .53 FEET TO A ¾ INCH IRON PIPE MARKING THE SOUTHWESTERLY CORNER OF SAID LOT; THENCE NORTH 89 DEG. 59’ 30” ESAT, 408.88 FEET TO THE POINT OF BEGINNING.

1.1.i
Packet Pg. 214
Attachment: Attachment 7_2nd Amended and Restated Iron Horse Hills Development Agreement_11-9-23 (4468 : Appeal - Amendment of Iron

32 15638
PARCEL NO. 5: (0282-192-15)

THAT PORTION OF THE SOUTHWEST ¼ OF SECTION 34, TOWNSHIP 1 SOUTH, RANGE 4 WEST, SAN

BERNARDINO BASE AND MERIDIAN, IN THE CO UNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHWEST ¼ OF SAID SECTION 34; THENCE SOUTH 88 DEG. 05’ 54” WEST ALONG THE NORTHER LY LINE OF SAID SOUTHWEST ¼ 1195.03 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 40 DEG. 24’ 06” EAST, A DISTANCE OF 83.53 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 300.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 19 DEG. 30’ A DISTANCE OF 102.10 FEET; THENCE SOUTH 20 DEG. 54’ 06” EAST, 34.29 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 450.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16 DEG. 20’ 47” A DISTANCE OF 128.39 FEET; THENCE LEAVING THE ARC OF SAID CURVE SOUTH 52 DEG. 45’ 07” WEST,

62.24 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 150.00 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 58 DEG. 15’ 07” A DISTANCE OF 152.50 FEET; THENCE SOUTH 5 DEG. 30’ EAST, 62.72 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 500.00 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGEL OF 18 DEG. 55’ 29” A DISTANCE OF 165.15 FEET TO A POINT OF REVERSE CURVE HAVING A RADIUS OF 500.00 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID REVERSE CURVE THROUGH A CENTRAL OF 13 DEG. 25’ 29”, A DISTANCE OF 117.15 FEET; THENCE DUE SOUTH 197.80 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 300.00 FEET; THENCE SOUTH AND EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 64 DEG. 00’, A DISTANCE OF 335.10 FEET; THENCE SOUTH 64 DEG. 00’ EAST, 60.43 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 150.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 0 DEG. 19’ 51”, A DISTANCE OF 16.49 FEET; THENCE SOUTH 88 DEG. 40’ 05” WEST, A DISTANCE OF 1099.45 FEET; THENCE NORTH 1 DEG. 19’ 55” WEST, 38.44 FEET; THENCE SOUTH 88 DEG. 40’ 05” WEST, 265.72 FEET TO A POINT ON A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 470.00 FEET, THE SEMI-TANGENT OF SAID CURVE BEARS NORTH 14 DEG. 00’ WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 19 DEG. 00’ A DISTANCE OF 155.86 FEET; THENCE NORTH 33 DEG. 00’ WEST, 308.09 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 530.00 FEET; THENCE NORTHERL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 32 DEG. 50’ 30” A DISTANCE OF 303.79 FEET TO A POINT OF TANGENCY WITH THE WESTERLY LINE OF SAID SOUTHWEST ¼ OF SECTION 34; THENCE NORTH 0 DEG. 09’ 30” WEST 570.05 FEET THE NORTHWEST CORNER OF SAID SO UTHWEST ¼ OF SECTION 34; THENCE NORTH 88 DEG. 05’ 54” EAST, A DISTANCE OF 1392.73 FEET TO THE TRUE POINT OF BEGINNING.

PARCEL NO. 6: (0282-192-24)

A PORTION OF THE SOUTHWEST ¼ OF SECTION 34, TOWNSHIP 1 SOUTH, RANGE 4 WEST, SAN

BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND, DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHWEST ¼ OF SAID SECTION 34; THENCE 88° 05’ 54” WEST, ALONG THE NORTH LINE OF SAID SOUTHWEST ¼, A DISTANCE OF 425.00 FEET TO THE

THENCE SOUTH 0° 36’ 55” WEST, AND PARALLEL THE EASTE RLY LINE OF SAID SOUTHWEST ¼ OF SECTION 34, A DISTANCE OF 200.00 FEET TO AN ANGLE POINT IN THE BOUNDARY OF SAID PARCEL CONVEYED TO LEROY W. OTTO, ET UX.;

1.1.i
Packet Pg. 215
Attachment: Attachment 7_2nd Amended and Restated Iron Horse Hills Development Agreement_11-9-23 (4468 : Appeal - Amendment of Iron

33 15638
THENCE SOUTH 60° 48’ 04” EAST, ALONG THE SOUTHWESTERLY LINE OF SAID OTTO PROPERTY, A DISTANCE OF 426.58 FEET TO AN ANGLE POINT IN THE WESTERLY LINE OF SAID OTTO PROPERTY:

THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 20° 21’ 03”, A DISTANCE OF 99.45 FEET, SAID CURVE BEING IN THE SOUTHEASTERLY LINE OF THE PARCEL CONVEYED TO MARY ANNE HARRINGTON, BY DEED RECORDED SEPTEMBER 23, 1960, IN BOOK 5242, PAGE 484 OF OFFICIAL RECORDS, TO THE MOST EASTERLY CORNER OF THE PROPERTY CONVEYED TO JAMES SULLIVAN, BY DEED RECORDED APRIL 19, 2961, IN BOOK 5408, PAGE 257 OF OFFICIAL RECORDS;

THENCE NORTH 67° 05’ 27” WEST, 554.21 FEET;

THENCE SOUTH 57° 37’ 10” WEST, 140 FEET;

THENCE NORTH 32° 22’ 50” WEST, 143.16 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 500.00 FEET;

THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10° 15’, AN ARC DISTANCE OF 89.46 FEET;

THENCE NORTH 42° 37’ 50” WEST, A DISTANCE OF 127.19 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 450.00 FEET;

THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 21° 43’ 44”, A DISTANCE OF 170.66 FEET;

THENCE NORTH 20° 54’ 06” WEST, 34.28 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 300.00 FEET;

THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 19° 30’, A DISTANCE OF 102.10 FEET;

THENCE NORTH 40° 24’ 06” WEST, 83.53 FEET TO A POINT ON THE NORTHERLY LINE OF SAID SOUTHWEST ¼ OF SECTION 34;

THENCE NORTH 88° 05’ 54” EAST, ALONG THE NORTHERLY LINE OF SAID SOUTHWEST ¼, A DISTANCE OF 770.03 FEET TO THE TRUE POINT OF BEGINNING.

EXCEPTING THEREFROM ANY PORTION THEREOF WHICH LIES WITHIN THAT PARCEL OF LAND CONVEYED TO WARREN C. ALLINGHAN, ET UX., BY DEED RECORDED SEPTEMBER 23, 1960, IN BOOK 5242, PAGE 492 OF OFFICIAL RECORDS.

ALSO EXCEPTING THEREFROM ANY PORTION THEREOF WHICH LIES WITHIN THAT PARCEL OF LAND CONVEYED TO JULIA TATUM, ET AL., RECORDED SEPTEMBER 23, 1960, IN BOOK 5242, PAGE 486 OF OFFICIAL RECORDS.

PARCEL NO. 7: (0282-192-23)

A PORTION OF THE SOUTHWEST ¼ OF SECTION 34 , TOWNSHIP 1 SOUTH, RANGE 4 WEST, SAN

BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICAL PLAT OF SAID LAND APPROVED BY THE SURVEYOR GENERAL, DATED AUGUST 2, 1890, DESCRIBED AS FOLLOWS:

1.1.i
Packet Pg. 216
Attachment: Attachment 7_2nd Amended and Restated Iron Horse Hills Development Agreement_11-9-23 (4468 : Appeal - Amendment of Iron

34 15638
COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHWEST ¼ OF SAID SECTI ON 34; THENCE SOUTH 0° 36’ 55” WEST, ALONG THE EAST LINE OF SAID SOUTHWEST ¼, 723.60 FEET TO A POINT ON A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 280.00 FEET, THE SEMI -TANGENT OF WHICH CURVE BEARS SOUTH 78° 00’ 47” WEST;

THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10° 46’ 23”, A DISTANCE OF 52.65 FEET TO THE SOUTHERLY CORNER OF THE MOST EASTERLY LINE OF A

PARCEL OF LAND CONVEYED TO MARY ANNE HARRINGTON BY JAMES SULLIVAN, BY DEED RECORDED IN BOOK 5242, PAGE 484 OF OFFICIAL RECORDS;

THENCE LEAVING THE ARC OF SAID CURVE NORTH 67° 05’ 27” WEST, 554.21 FEET; THENCE SOUTH 57° 37’ 10” WEST, 140.00 FEET TO A POINT IN THE NORTHEASTERLY LINE OF A PARCEL OF LAND CONVEYED TO WARREN C. ALLINGHAN AND MAXINE S. ALLINGHAN, BY MARY ANNE H ARRINGTON, BY DEED RECORDED IN BOOK 5242, PAGE 492 OF OFFICIAL RECORDS;

THENCE SOUTH 32° 22’ 50” EAST, ALONG THE NORTHEASTERLY LINE OF SAID PARCEL, 287.00 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 300.00 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 34° 59’ 57”, A DISTANCE OF 183.26 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 125.00 FEET;

THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 67° 16’ 55”, A DISTANCE OF 146.79 FEET;

THENCE SOUTH 64° 39’ 48” EAST, A DISTANCE OF 14.95 FEET TO THE MOST EASTERLY CORNER OF SAID PARCEL OF LAND CONVEYED TO WARREN C. ALLINGHAM, ET UX., SAID POINT LIES ON A CURVE CONCAVE TO THE SOUTHE AST HAVING A RADIUS OF 230.00 FEET, SEMI -TANGENT OF WHICH BEARS NORTH 25° 20’ 12” EAST;

THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 11° 32’ 13”, A DISTANCE OF 46.31 FEET TO A POINT IN THE SOUTHEASTERLY LINE OF A PARCEL OF LAND CONVEYED TO JEEN KOOPMAN ON JULY 25, 1960, AND RECORDED IN BOOK 5194, PAGE 132 OF OFFICIAL RECORDS;

THENCE NORTH 24° 53’ 21” EAST, A DISTANCE OF 77.33 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 280.00 FEET;

THENCE NORTHEASTERLY ALONG THE ARC O F SAID CURVE THROUGH A CENTRAL ANGLE OF 22° 00’ 00”, A DISTANCE OF 107.51 FEET TO THE TRUE POINT OF BEGINNING.

EXCEPTING THEREFROM THAT CERTAIN PARCEL OF LAND CONVEYED TO JEEN KOOPMAN ON JULY 25, 1960, AND RECORDED IN BOOK 5194, PAGE 132 OF OFFICIAL RECORDS.

1.1.i
Packet Pg. 217
Attachment: Attachment 7_2nd Amended and Restated Iron Horse Hills Development Agreement_11-9-23 (4468 : Appeal - Amendment of Iron

35 15638

ALSO, EXCEPTING THEREFROM ANY PORTION THEREOF LYING WITHIN THAT PARCEL OF LAND CONVEYED TO WARREN C. ALLINGHAN, ET UX., BY DEED RECORDED SEPTEMBER 23, 1960, IN BOOK 5242, PAGE 492 OF OFFICIAL RECORDS.

ALSO EXCEPTING THEREFROM ANY PORTION THEREOF LYING SOUTHEASTERLY OF THE

SOUTHEASTERLY BOUNDARY OF THAT PARCEL OF LAND CONVEYED TO MARY ANNE HARRINGTON, BY DEED RECORDED SEPTEMBER 13, 1960, IN BOOK 5242, PAGE 484 OF OFFICIAL RECORDS.

PARCEL NO. 8: (0282-192-46)

A PORTION OF THE SOUTHWEST ¼ OF SECTI ON 34, TOWNSHIP 1, RANGE 4 WEST, SAN BERNARDINO

BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND APPROVED BY THE SURVEYOR GENERAL, DATED AUGUST 2, 1890, DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHWEST ¼ OF SECTION 34;

THENCE SOUTH 88° 05’ 54” WEST ALONG THE NORTHERLY LINE OF SAID SOUTHWEST ¼ A DISTANCE OF 1195.03 FEET;

THENCE SOUTH 40° 24’ 06” EAST, 83.53 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 300.00 FEET;

THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 19° 30’, A DISTANCE OF 102.10 FEET;

THENCE SOUTH 20° 54’ 06” EAST, 34.29 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 450.00 FEET;

THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16° 20’ 47”, A DISTANCE OF 128.39 FEET TO THE TRUE POINT OF BEGINNING;

THENCE LEAVING THE ARC OF SAID CURVE SOUTH 52° 45’ 07” WEST, 62.24 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 150.00 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 58° 15’ 07”, A DISTANCE OF 152.50 FEET; THENCE SOUTH 5° 30’ EAST, 62.72 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 500.00 FEET;

THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 18° 55’ 29”, A DISTANCE OF 166.15 FEET TO A POINT OF REVERSE CURVE HAVING A RADIUS OF 500.00 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID REVERSE CURVE THROUGH A CENTRAL ANGLE OF 13° 25’ 29”, A DISTANCE OF 117.16 FEET;

THENCE DUE SOUTH 197.80 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 300.00 FEET;

THENCE SOUTH AND EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL 64° 00’, A DISTANCE OF 335.10 FEET;

THENCE SOUTH 64° 00’ EAST, 60.43 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 150.00 FEET;

THENCE SOUTHEASTERLY ALONG THE ARC OF THE SAID CURVE THROUGH A CENTRAL ANGLE OF 6° 17’ 51”, DISTANCE OF 16.45 FEET;

1.1.i
Packet Pg. 218
Attachment: Attachment 7_2nd Amended and Restated Iron Horse Hills Development Agreement_11-9-23 (4468 : Appeal - Amendment of Iron

36 15638
THENCE NORTH 88° 40’ 05” EAST, 396.69 FEET;

THENCE NORTH 0° 36’ 55” EAST, 51.19 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 230.00 FEET;

THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 29° 43’ 17”, A DISTANCE OF 99.24 FEET;

THENCE LEAVING THE ARC OF SAID CURVE NORTH 64º 19’ 48” WEST, A DISTANCE OF 14.95 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 125.00 FEET;

THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 67º 16’ 55”, A DISTANCE OF 146.79 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 300.00 FEET;

THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 34º 59’ 57”, A DISTANCE OF 183.26;

THENCE NORTH 32º 22’ 5 0” WEST, 430.16 FEET TO THE BEGINNING OF CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 500.00 FEET;

THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10º 15’, A DISTANCE OF 89.45 FEET;

THENCE NORTH 42º 37’ 50” WEST, A DIST ANCE OF 127.19 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 450.00 FEET;

THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 5º 22’ 87”, A DISTANCE OF 42.27 FEET TO THE TRUE POINT OF BEGINNING.

EXCEPTING THEREFROM ANY PORTION LYING SOUTH OR SOUTHEASTERLY OF THE SOUTH AND

SOUTHEASTERLY LINES OF THE PROPERTY CONVEYED TO MARY ANNE HARRINGTON, BY DEED RECORDED SEPTEMBER 23, 1960, IN BOOK 5242, PAGE 484 OF OFFICIAL RECORDS.

ALSO EXCEPTING THEREFROM A NY PORTION THEREOF WHICH LIES WITHIN THAT PARCEL OF LAND CONVEYED TO JULIA TATUM, ET AL., RECORDED SEPTEMBER 23, 1960, IN BOOK 5242, PAGE 486 OF OFFICIAL RECORDS.

ALSO EXCEPTING THEREFROM ANY PORTION OF THE PROPERTY HEREIN DESCRIBED, CONVEYED TO WARREN C. ALLINGHAN, ET UX., BY DEED RECORDED JANUARY 30, 1969, IN BOOK 7174, PAGE 234 OF OFFICIAL RECORDS.

PARCEL NO. 9: (0282-192-45)

A PORTION OF THE SOUTHWEST ¼ OF SECTION 34, TOWNSHIP 1 SOUTH, RANGE 4 WEST, SAN

BERNARDINO BASE AND MERIDIAN, ACCORDING TO GOVE RNMENT SURVEY, DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTHEAST CORNER OF LOT 39, TRACT NO. 6610, RECORDED IN BOOK 88 OF MAPS, PAGE 8, RECORDS OF SAID COUNTY;

THENCE SOUTH 88º 40’ 05”, WEST, ALONG A PORTION OF THE NORTHERLY LINE OF SAID TRACT 396.38 FEET TO A POINT ON A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 150.00 FEET; A LINE RADIAL TO SAID CURVE BEARS SOUTH 32º 17’ 51” WEST;

1.1.i
Packet Pg. 219
Attachment: Attachment 7_2nd Amended and Restated Iron Horse Hills Development Agreement_11-9-23 (4468 : Appeal - Amendment of Iron

37 15638
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 6º 17’ 51”, A DISTANCE OF 16.49 FEET;

THENCE NORTH 64º 00’ 00” WEST, 60.43 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 300.00 FEET;

THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14º 40’ 50”, A DISTANCE OF 76.87 FEET TO THE TRUE POINT OF BEGINNING FROM WHICH POINT A LINE RADIAL TO SAID CURVE BEARS NORTH 40º 40’ 50” EAST;

THENCE CONTINUING ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 300.00 FEET THROUGH A CENTRAL ANGLE OF 24º 29’ 29”, A DISTANCE OF 128.24 FEET;

THENCE LEAVING T HE ARC OF SAID CURVE ALONG A LINE RADIAL TO SAID CURVE, HAVING A BEARING OF NORTH 65º 10’ 19” EAST, A DISTANCE OF 345.00 FEET;

THENCE SOUTH 11º 08’ 40” EAST, A DISTANCE OF 128.00 FEET;

THENCE SOUTH 66º 10’ 19” WEST, A DISTANCE OF 287.73 FEET TO THE TRUE POINT OF BEGINNING.

EXCEPTING THEREFROM THE WEST 30.00 FEET, MEASURED RADIALLY TO THE AFOREMENTIONED 300.00 FOOT RADIUS CURVE, FOR ROAD AND UTILITY PURPOSES, AS DISCLOSED IN THE DEED FROM JAMES SULLIVAN, RECORDED JANUARY 30, 1969, IN BOOK 7174, PAGE 234 OF OFFICIAL RECORDS.

PARCEL 10: (0282-192-09)

A PORTION OF THE SOUTHWEST ¼ OF SECTION 34, TOWNSHIP 1 SOUTH, RANGE 4 WEST, SAN

BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHWEST ¼, BEING ALSO THE CENTER OF SAID SECTION 34; THENCE SOUTH 0 DEGREES 36’ 55” WEST, A DISTANCE OF 754.42 FEET TO A POINT, SAID POINT BEING 9.00 FEET SOUTH OF THE NORTHWEST CORNER OF THE SOUTH 20 ACRES OF L OT 6 OF THE SOUTHEAST ¼ OF SAID SECTION 34, SAID POINT ALSO BEING ON THE ARC OF A CURVE CONCAVE SOUTHEASTERLY AND WHOSE RADIAL LINE BEARS SOUTH 13 DEGREES 45” EAST, AND WHICH HAS A RADIUS OF 250.00 FEET; THENCE SOUTH AND WESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 225.06 FEET AND THROUGH A CENTRAL ANGLE OF 51 DEGREES 34’ 54”; THENCE SOUTH 24 DEGREES 53’ 21” WEST, 77.33 FEET TO THE BEGINNING OF A CURVECONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 300.00 FEET; THENCE NORTH 65 DEGREES 06’ 39” WEST ALONG A RADIAL LINE OF THE AFOREMENTIONED CURVE 30.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID RADIAL LINE NORTH 65 DECREES 06’ 39” WEST, 156.83 FEET; THENCE SOUTH 70 DEGREES 44’ 13” WEST, 190.04 FEET ALONG THE RADIAL LINE OF A CURVE HAVING A RADIUS OF 330.00 FEET AND BEING CONCAVE WESTERLY, TO A POINT ON THE ARC OF SAID CURVE; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE WHICH IS CONCAVE WESTERLY, A DISTANCE OF 126.03 FEET THROUGH A CENTRAL ANGLE OF 21 DEGREES 52’ 54” TO THE BEGINNING OF A REVERSE CURVE WHICH IS CONCAVE NORTHEASTERLY AND WHICH HAS A RADIUS OF 95.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE 111.56 FEET AND THROUGH A CENTRAL ANGLE OF 67 DEGREES 16’ 55” TO THE BEGINNING OF A COMPOUND CURVE WHICH IS CONCAVE NORTHERLY AND WHICH HAS A RADIUS OF 20.00 FEET; THENCE SOUTH AND EASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 27.39 FEET AND THROUGH A CENTRAL ANGLE OF 78 DEGREES 27’ 47” TO THE BEGINNING OF A REVERSE CURVE WHICH IS CONCAVE EASTERLY AND WHICH HAS A RADIUS OF 230.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 116.51 FEET AND THROUGH A CENTRAL ANGLE OF 29 DEGREES 01’ 26” TO THE BEGINNING OF A REVERSE CURVE WHICH HAS A RADIUS OF 270.00 FEET AND WHICH IS CONCAVE NORTHWESTERLY;

1.1.i
Packet Pg. 220
Attachment: Attachment 7_2nd Amended and Restated Iron Horse Hills Development Agreement_11-9-23 (4468 : Appeal - Amendment of Iron

38 15638
THENCE NORTH AND EASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 193.24 FEET AND THROUGH A CENTRAL ANGLE OF 41 DEGREES 00’ 30” TO THE TRUE POINT OF BEGINNING.

APN: 0164-471-01-0-000 AND 0164-231-36-0-000 AND 0276-372-03-0-000 AND 0276-372-04-0-000 AND 0276-372- 09-0-000 AND 0282 -192-15-0-000 AND 0282 -192-23-0-000 AND 0282 -192-24-0-000 AND 0282 -192-45-0-000 AND 0282-46-0-000.

1.1.i
Packet Pg. 221
Attachment: Attachment 7_2nd Amended and Restated Iron Horse Hills Development Agreement_11-9-23 (4468 : Appeal - Amendment of Iron

39 15638
EXHIBIT “A-1”

SUBSTANTIAL CONFORMANCE MAP

1.1.i
Packet Pg. 222
Attachment: Attachment 7_2nd Amended and Restated Iron Horse Hills Development Agreement_11-9-23 (4468 : Appeal - Amendment of Iron

40 15638
EXHIBIT “B”

EXISTING DEVELOPMENT APPROVALS

• Tentative Tract Map No. 16798
Approved by the Planning Commission on August 6, 2005,
Resolution No. R-08-06

 DAP-001-946: Substantial Conformance Revision to Tentative Tract Map No. 16798 (2012)

 Amendment to Tentative Tract Map No. 16798
Amended by City of Colton Planning Commission on date , Resolution No. ________.

1.1.i
Packet Pg. 223
Attachment: Attachment 7_2nd Amended and Restated Iron Horse Hills Development Agreement_11-9-23 (4468 : Appeal - Amendment of Iron

41 15638
EXHIBIT “C”

EXISTING LAND USE REGULATIONS

RECHE CANYON
Specific Plan Amendment for the
Iron Horse Hills Residential Project in Planning Area One (A) (Ordinance No. O-15-06 – September 19, 2006)

And

Colton Municipal Code Title 18 (“Zoning Code”), as of the effective date of this Second Amended Agreement

1.1.i
Packet Pg. 224
Attachment: Attachment 7_2nd Amended and Restated Iron Horse Hills Development Agreement_11-9-23 (4468 : Appeal - Amendment of Iron

42 15638
EXHIBIT “D”

WELL SITE

1.1.i
Packet Pg. 225
Attachment: Attachment 7_2nd Amended and Restated Iron Horse Hills Development Agreement_11-9-23 (4468 : Appeal - Amendment of Iron

43 15638
EXHIBIT “E”

INTENTIONALLY OMITTED

1.1.i
Packet Pg. 226
Attachment: Attachment 7_2nd Amended and Restated Iron Horse Hills Development Agreement_11-9-23 (4468 : Appeal - Amendment of Iron

44 15638
EXHIBIT “F”

GENERAL DESCRIPTION OF NEIGHBORHOOD PARKS IMPROVEMENTS

Park Amenities for Lots B, H and Remainder Parcel

Lot B Park: Amenities include tot-lot structure, benches, bike racks, picnic tables and a circular walkway.

The Lot B park includes two -to-five year old play structure, with climbing and exploratory features. The playground will also feature a set of swings and safety surfacing. The seating area will include two benches and two picnic tables connected by an ADA accessib le walkway, as well as a bike rack and appropriate landscaping , including turf, and lighting .

Lot H Park: Amenities include a passive open space, benches, bike racks, and picnic tables.

Remainder Park Parcel : Amenities include a shade feature, benches, bike racks, and picnic tables.

 All picnic tables, benches or bike racks shall include concrete pads underneath.  Benches shall be fiber plastic as opposed to wooden to avoid splinters and damage.  Landscaping shall comply with the City of Colton’s Urban Forest Management Plan (2018) , and include irrigation systems .
 As specified by the Reche Canyon Specific Plan, park improvements shall include a tennis court, basketball court and restroom.
 The Parties acknowledge that certain park improvements may be subject to the Easement Agreement that encumbers portions of the Property and that runs in favor of Southern California Edison, which may result in certain park improvements being prohibited in certain areas. In the event of any conflicts between the Easement Agreement and the Substantial Conformance Map, Developer and City agree to work together to : (i) identify an alternative park site; (ii) reconfigure the existing park site(s) to accommodate the required flat area park requirement; or (iii) assess additional Quimby fees to the Project.

Notwithstanding the foregoing , the City shall have sole discretion to determine if an alternative park site or reconfiguration satisfies the park improvement conditions of approval.

1.1.i
Packet Pg. 227
Attachment: Attachment 7_2nd Amended and Restated Iron Horse Hills Development Agreement_11-9-23 (4468 : Appeal - Amendment of Iron

45 15638
EXHIBIT “G”

EXISTING DEVELOPMENT IMPACT
FEES (per Ordinance No. O -020-20*)

City of Colton Water Capital Improvement Charge - 1 Inch Meter DU $1,730.00 City of Colton Water Capital Improvement Charge - 1-1/2 Inch Meter City of Colton Water Capital Improvement Charge – 2 Inch Meter EA
EA
$3,450.00
$5,522.00
City of Colton Water Connection Charge - I Inch Meter DU $3,068.00 City of Colton Water Connection Charge -1-1/2 Inch Meter EA $3,358.00 City of Colton Wastewater Capacity Charge DU $3,226.00
DIF: City of Colton - Civic Center Facilities DU $180.00 DIF: City of Colton - Fire Facilities DU $870.00
DIF: City of Colton - Library Facilities DU $515.00
DIF: City of Colton - Parks DU $5,714.00
DIF: City of Colton - Traffic Facilities DU $1,623.00
DIF: City of Colton - Police Facilities DU $1,134.00

1.1.i
Packet Pg. 228
Attachment: Attachment 7_2nd Amended and Restated Iron Horse Hills Development Agreement_11-9-23 (4468 : Appeal - Amendment of Iron

46 15638
EXHIBIT “H”

Tract No. 16798, City of Colton - Eligible CFD Facilities List

City of Colton (Development Impact Fees) Rate Per Quantity Total Traffic Facilities [1] $ 1,623 per DU 184 $ 298,632
Civic Center [1] 180 per DU 184 33,120
Fire Station [1] 870 per DU 184 160,080
Library [1] 515 per DU 184 94,760
Police [1] 1,134 per DU 184 208,656
Quimby in lieu Fees [1] 4,716 per DU Full Credit
Park Development Fee [1] 5,714 per DU Full Credit
Wastewater Capacity Charge [1][3] 3,220 per DU 184 592,480 Water Capital Improvement Fee (1" Meter) [1][3] 1,730 per MTR Full Credit Water Capital Improvement Fee (2" Meter) [1][3] 5,520 per MTR 10 55,200 Water Connection Fee (1" Meter) [1][3] 3,068 per MTR 184 564,512 Water Connection Fee (2" Meter) [1][3] 3,358 per MTR 10 33,580 Total City of Colton Development Impact Fees $ 11,092.50 $ 2,041,020 City of Colton Water Facilities Improvements
Pressure Reducing Station
Transmission & Distribution Facilities
Water Improvement Soft Costs 25%
[2]
[2]
[2]
$815.22
9,985.48
25%
Total
Total
of Costs
184
184
1,987,329
$150,000
1,837,329
496,832
Subtotal City Water Facilities Improvements
City of Colton Other Facilities Improvements
$ 13,500.88 $ 2,484,161
Storm Drain Facilities [2] $ 9,226.52 Total 184 $ 1,697,680 Sewer Improvements [2] 6,280.71 Total 184 1,155,650
Public Utilities - Energy Charge [2] 1,000 Total 184 184,000 Barton/Project Entry (Street Imp./Signalization) [2] 11,434.78 Total 184 2,104,000 Barton/Westwood Concrete [2] 708.40 Total 184 130,346
Barton/Westwood Asphalt [2] 1,315.22 Total 184 242,001 Traffic Signal [2] 4,572.47 Total 184 841,335
Barton Rd. Extension - Street "A" Arterial [2] 8,432.82 Total 184 1,551,639 Engineering/Soils/Survey Soft Costs - 25% [2] 25% of Costs 7,906,651 1,976,663 Subtotal City Other Improvements $ 53,713.66 $ 9,883,314 Total City of Colton Facilities Improvements $ 67,214.54 $12,367,475

Total Fees Proposed to be Financed by CFD $ 78,307.04 $14,408,495 Footnotes:
[1] Represents the applicable City of Colton development impact fees per City fee schedules and Development Agreement.

Subject to validation by Public Works following submittal of plan details by applicant for water and other facilities improvements.

Credit amounts per DA and client.
[2] Represents the estimated eligible City facilities to be financed by CFD. Actual amounts may vary. [3] Subject to change based on current adopted fees at time of payment.

1.1.i
Packet Pg. 229
Attachment: Attachment 7_2nd Amended and Restated Iron Horse Hills Development Agreement_11-9-23 (4468 : Appeal - Amendment of Iron

ITEM NO. 2

STAFF REPORT

DATE: APRIL 2, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: HEIDI DURON, DEVELOPMENT SERVICES DIRECTOR SUBJECT: TIME AND PLACE FIXED TO CONSIDER A PUBLIC HEARING TO APPROVE AND ADOPT RESOLUTION NOS. R-15-24, R-16-24, AND R-17-24, APPROVING MODIFICATION TO ZONING
ENTITLEMENTS FOR 1400-1500 AGUA MANSA ROAD,
RESOLUTION NOS. R-15-24 R-16-24 & R-17-24.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Adopt Resolution No. R -15-24, approving, a Modification of Architectural and Site Plan Review DAP-001-716, Planning Commission Resolution No. R -09-23 (Case Number DAP24 -0007) located at 1400 Agua Mansa Road;

2. Adopt Resolution No. R-16-24, approving, a Modification of Zoning Entitlements related to Architectural and Site Plan Review, Conditional Use Permit and Variance DAP- 001-668, Planning Commission Resolution No. R -03-23 (Case Number DAP24 -0008) located at 1500 Agua Mansa Road; and

3. Adopt Resolution No. R-17-24, approving, a Modification of Tentative Parcel Map No. 20358 DAP-001-668 and DAP -001-716 Planning Commission Resolution No. R -04-23 (Case Number DAP24-0011) located at 1400 and 1500 Agua Mansa Road.

BACKGROUND

On March 5, 2024, the City Council requested additional information related to the request for a correction to Public Works Engineering Condition of Approval 1.b. for dedication of a 90 -feet wide full street right of way for construction of Agua Mansa Road along the full length of t he

1.2 Packet Pg. 230
Staff Report to the Mayor and City Council
1400-1500 Agua Mansa Road Modification to Zoning Entitlements April 2, 2024

Page 2 ends

Colton City CouncilApril 2, 2024

Colton City Council
April 2, 2024