Colton City Council
April 16, 2024

The City of Colton is starting its first park project in 25 years, facing challenges like environmental concerns and regulatory approvals from multiple agencies. To handle this, the project will be split into four phases over two to four years, with the aim to maintain a consistent project team for continuity and efficiency. Two consulting disciplines are needed: one for project management and design, and the other for environmental planning. A lead consultant will oversee both, working with an environm ental consultant chosen through a public RFQ process to reduce costs and improve coordination. PBLA Engineering, Inc has been contracted to serve as lead consultant through the development and pre -construction of the Eco-Friendly Community Soccer Park.

On January 25, 2024, staff issued a Request for Qualifications for Environmental Consulting Services for the Eco-Friendly Community Soccer Park. This project is highly specialized, complex, and will require vendors with specific qualifications and expertise. An RFQ allows the City to assess vendors based on their capabilities and experience relevant to the project. Further, an RFQ allows the ability to mitigate risks by thoroughly evaluating vendors based on their qualifications, experience, financial s tability, and other relevant factors. This helps ensure that only reputable and capable vendors are considered for the project.

The RFQ and related documents were distributed to over 100 Vendors through BidNet. The due date was 12:00 p.m. on February 12 , 2024 and was opened publicly at the Community Services Administrative Offices, located at 670 Colton Avenue, Colton, CA 92324. Two proposals were received, one from ECORP Consulting and the other from PSOMAS.

Public Works and Community Services staff meticulously assessed the proposals to ensure compliance with the RFQ requirements. In accordance with Colton Municipal Code 3.08.070(f), contracts for Professional Services are awarded to the contractor deemed most beneficial to the City, considering fac tors such as demonstrated competence, professional qualifications, and overall suitability for the project. Given the project's complexity and varying requirements across phases, the RFQ did not request bid amounts. Instead, respondents provided professional services rate charts for the positions specified in the RFQ. The rates offered were highly competitive and closely aligned.

After thorough discussions on experience and referencing municipal projects of similar size and scope, staff determined tha t ECORP Consulting is the most suitable candidate. With extensive CEQA experience and minimal subcontractor involvement, ECORP Consulting emerged as the preferred choice and the successful respondent. Here are the final rankings:

1. ECORP Consulting

2. PSOMAS.

City Staff recommends that the City Council approve a two -year contract with ECORP Consulting for Environmental Services, in an amount not to exceed $350,000. This contract is essential for the development of the Community Soccer Park.

11 Packet Pg. 253
Staff Report to the Mayor and City Council
Contract Award - eCorp
April 16, 2024

FISCAL IMPACTS

City Council approved Resolution R-31-23 on April 18, 2023, appropriated funding for the State Grant in expenditure account group 225 -6200-6238. Adequate appropriations are available in the FY2023 -24 budget in Miscellaneous Grants Fund Capital Improv ement Account number 225-6200-6238-3890-000-023.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. RFQ - Eco Friendly Community Soccer Park.1.24.2024

2. Notice Inviting RFQ - Bidnet - RFQ Community Soccer Park - 1-24-24

3. Ecorp Proposal
11 Packet Pg. 254
City of Colton
RFQ for Environmental Consulting Services for Eco Friendly Community Soccer Park Page | 1

CITY OF COLTON
Community Services & Public Works Departments
Release Date: January 24, 2024

REQUEST FOR QUALIFICATIONS & TASK FEES

FOR ENVIRONMENTAL CONSULTING SERVICES

CITY OF COLTON
MASTER PLANNED 45 ACRE DEDICATED HABITAT CONSERVATION
AREA WITH 21 ACRE ECO-FRIENDLY COMMUNITY SOCCER PARK
Table of Contents
I. Schedule .................................................................................. 2 II. Introduction .............................................................................. 2 III. Inquiries .................................................................................... 3 IV. Submission Information .......................................................... 4 V. Evaluation Criteria ................................................................. 6 VI. General Information .............................................................. 6 VII. Submission of RFQ ................................................................. 7 VIII. Pre-Contractual Expenses .................................................... 7 IX. Attachments ............................................................................. 7

11.a
Packet Pg. 255
Attachment: RFQ - Eco Friendly Community Soccer Park.1.24.2024 (4484 : Contract Award - eCorp) City of Colton
RFQ for Environmental Consulting Services for Eco Friendly Community Soccer Park Page | 2

REQUEST FOR QUALIFICATIONS AND TASK FEES FOR

ENVIRNOMENTAL CONSULTING SERVICES
The City of Colton is soliciting proposals with a qualified consultant to serve as the primary project manager for the master planned 45 acre dedicate d habitat conservation area with 21 acre eco- friendly community soccer park. The city is soliciting proposals for qualifications and a professional services fee rate schedule for specific tasks to be performed by an envi ronmental consultant in coordination with our engineering and architectural master plan design consultant to complete the final design and regulatory approval process, wh ich will allow the city to obtain the necessary regulatory permits to implement the project.

Proposals must be received by the Community Services Department (Attn: Deb Farrar), 670 Colton Avenue, Colton, CA 92324, no later than 12:00 P.M., February 12, 2024.

Described below are the proposed schedule, information pertinent to the project, proposal format, scope of work, and content of the requested proposal.

I. SCHEDULE
 Release of RFQ
 Deadline for submission of written questions
 Deadline for submission of RFQ
 Consultant Interviews (If Necessary)
 Award of Contract
Thursday, January 24, 2024
January 31, 2024 – 5:00 pm
February 12, 2024 – 12:00 pm
Week of February 19, 2024
March 5, 2024
II. INTRODUCTION
The City of Colton has been working with its Master Plan Consultants and the community for over a decade in designing and developing plans to construct and operate a community soccer park facility on 21- acres of a currently vacant 45-acre parcel of City-owned land within and adjacent to the Santa Ana River Watershed Habitat Conservation area (See Exhibits A and B). The proposed Project would provide field space needed by local soccer teams for practice and games. The City Council has adopted a Conceptual Master Plan for the site that includes the 21 acres of community sports fields, parking, and other ancillary site improvements, along with 24 acres of restoration and development of a dedicated wildlife habitat conservation park. The project is being funded by a State of California grant the city has recently received approval for and the city will be seeking additional grants as the final design process proceeds. Consequently, both city and state reporting and administrative regulations apply to this project.

The city has completed the initial Mitigated Negative Declaration for the project and has received feedback from the various regulatory agencies with permitting control over the site and is now working with those agencies to address their appr oval requirements in the final design and development of the project.

The city is soliciting proposals for qualifications and a professional services fee rate schedule for specific tasks to be performed by an environmental consultant in coordination with our engineering and architectural master plan design consultant to complete the final design and regulatory approval process, which will allow the city to obtain the necessary regulatory permits to implement the project.

11.a
Packet Pg. 256
Attachment: RFQ - Eco Friendly Community Soccer Park.1.24.2024 (4484 : Contract Award - eCorp) City of Colton
RFQ for Environmental Consulting Services for Eco Friendly Community Soccer Park Page | 3
It is the city’s intention of the city to divide the final design and regulatory approval process into four contract phases to be completed in a timeframe of two to four years. Because of the complexity of the project and the number of regulatory agenc ies that have permitting authority over the project, it is important to have the same project team throughout th e process so that each contract phase builds the foundation, knowledge, and data information to complete the subsequent contract phases.

The project team currently consists of city staff and our engineering and architectural master plan consultants who have been working on the project for the past decade. The city wishes to secure the services of an environmental consultant to join the city project team, and our master plan consultant, to complete the final design, mitigation requir ements, and necessary regulatory approvals to proceed with the development of the proposed proj ect. The city and master plan consultant have defined a specific set of tasks that need to be performed for the four contract phases to complete the final design process for the project and is seeking an environmental company that is interested in joining the project team and has the experie nce, personnel resources, local knowledge, and a successful track record of working with the regulatory agencies the city will need approval from to join the project team.

The Request for Qualifications will not require the submission of a bid amount. The city will make its selection based on experience and qualifications and a determination if you are the right fit for joining our project team for completing the envi ronmental scope of work through your answers to the questions contained in the RFQ submission forms.

The four contract phases for the final design and approval process is expected to take two to four years to complete, depending on the outcomes of the required habitat and land fill surveys and studies. Thus, it is important that you assess the ability of your firms’ project manager and technical team’s ability to make this time commitment before deciding to respond to the RFQ.

In addition, the project will requir e a significant number of on-site team meetings and interactions with our local regulatory agencies throughout the process. Consequently, the city will give priority to local firms that can respond quickly and ha ve existing relationships and experience working specifically with our local regulatory agencies.

If your environmental team is interested in jo ining the project team and has the experience, personnel resources, local knowledge, and a successful track record of working with the regulatory agencies the city will need approval from, we invite you to respond to our Request for Qualifications by filling out the attached forms and submitting answ ers to the questions the city has prepared to assess your qualifications to determine if you ar e the right fit for joining our project team for completing the environmental scope of work described attached.

III. INQUIRIES
All questions concerning the submittal of RFQ, the City's review and evaluation of the RFQ, and the
City's selection of a Consultant for this Project must be submitted by e-mail, by February 12, 2024, 5:00 pm, to:

Deb Farrar, Director of Community Services
[email protected]

11.a
Packet Pg. 257
Attachment: RFQ - Eco Friendly Community Soccer Park.1.24.2024 (4484 : Contract Award - eCorp) City of Colton
RFQ for Environmental Consulting Services for Eco Friendly Community Soccer Park Page | 4
IV. SUBMISSIONS
The following criteria shall be required of all RFQ submitted for the Proje ct. Any RFQ not conforming
to these requirements may be rejected.

A submitted RFQ shall be submitted on 8.5-inch by 11-inch paper, with minimum 0.5-inch margins on the right, top, and bottom and minimum 1-inch margins on the left side of the sheet. Charts and schedules may be included in 11-inch by 17-inc h page format (up to two sheets, i.e. four pages total), but shall be folded to fit into an 8.5-inch by 11-inch sheet. Each page shall be consecutively numbered throughout the entire RFQ.

RFQ shall be simply bound or compiled in a 3-ring binder and shall not exceed thirty (30) 8.5-inch by 11-inch pages in length (exclu ding front and back covers, dividers, which shall not contain any information and the cover letter). 11-inch by 17-inch sheet will be counted as two pages. RFQ must contain the information requested below and be organized in the following order:

A. Transmittal/Cover Letter
RFQ shall be addressed to Deb Farrar, City of Colton ~ Community Services Director. Provide a brief summary of the team’s qualifications and capabilities as they pertain to the Colton Community Soccer Park Project. The summary should indicate an understanding of the professional services required for performance of this project. Include the name, title, address, and telephone number of the person that the City may contact regarding the RFQ throughout the period of evaluation. Acknowledgement of receipt of any addenda shall be made in the Transmittal/Cover Letter, and the letter must be signed by the Proposer’s corporate principal with contractual responsibility to bind the Proposer to the terms of the agreement.

B. Project Team Personnel/Experience
This section shall include the names and experience of the Proposer's Project Manager and other key personnel who will be working on the Projec t. The Project Manager and each member of the Proposer's team must be identified on an Organization Chart, along with the firm they work for, for easy reference by reviewers. This section should also provide the current and anticipated availability of key team members or sub-contractors during the duration of the Colton Project.

The resumes for the key personnel in this section shall not exceed one page each. Resumes should include previous project experienc e that closely relates to the type and/or scope of work anticipated for the Colton Project. Provide at least the following information:
• Project title, location, owner, and description, including estimated cost of the project. • The duties, tasks, and work performed by the team member on the listed project. • The date(s) that the experience was obtained.

C. Team Organization/Experience
This section should include a brief description of the consultant team. In addition, this section of the RFQ should include:

1. A brief profile of each firm on the team that should include information such as a description of the services that they will be providing, the year that the firm was founded, the form of organization (e.g., corp oration, partnership, sole proprietorship), the address and telephone number for the team member firm's office(s) that will be providing services, and the estimated percentage of the total scope of the work that the Proposer and each participating firm would be hired to complete under this RFQ.

11.a
Packet Pg. 258
Attachment: RFQ - Eco Friendly Community Soccer Park.1.24.2024 (4484 : Contract Award - eCorp) City of Colton
RFQ for Environmental Consulting Services for Eco Friendly Community Soccer Park Page | 5

2. Provide narrative answers to the following questions (Maximum 2 pages per question)  Has your firm, and/or proposed subconsulta nts, provided environmental consulting services for municipal or other government agencies that required mitigating habitat impacts in order to construct the project? If so, please provide a summary description of these projects.
 Has your firm complete d the regulatory approval process for the use of a former landfill site including a post closure land use plan? If so, please provide a summary overview of these projects.
 Does your firm, and/or proposed subcons ultants, have the following technical personnel t
hat can be dedicated to this project for the two to four year timeline estimated to complete the project: biolog ists, regulatory permitting specialists, archaeologist, architectural historians, paleontologists, airquality/greenhouse gas specialists, noise specialists, planners, CEQA/NEPA specialists, and UAS pilots? If so, please provide their names and titles.

3. A minimum of three references should be given for the Proposer and at least one reference for each other team member firm identified to provide services for the Project.

The references listed should involve the project for which Proposer has provided comparable services to those in this RFQ. The City may at its sole discretion choose to contact any one or all of the references as it deems necessary. References should include the following information:
 Name, address, and current telephone numbe r of the project owner/client and the name of a contact person;
 Name, address, and telephone number of Proposer's client (if different from the project owner) and the name of a contact person.

4. Provide a professional services rate chart for the following positions and any others potentially under contrac
t.

Position/Title Hourly Professional Rate
Firm Principal
Project Manager
Senior Consultant Planner
Biologists
Permitting Specialist
Archaeologists
Paleontologists
Air Quality/Greenhouse Gas Specialist
Noise Specialists
Associate Planners
CEQA/NEPA Specialist
UAS Pilots
Assistant Planners
GIS Technician
Technical Editor
Publications Specialist
Accountant
Clerical
Other Staff

11.a
Packet Pg. 259
Attachment: RFQ - Eco Friendly Community Soccer Park.1.24.2024 (4484 : Contract Award - eCorp) City of Colton
RFQ for Environmental Consulting Services for Eco Friendly Community Soccer Park Page | 6
D. Work Plan and Technical Approach
This section should demonstrate the Consultant’s approach to and understanding of the Project technical considerations and of the proposed Scope of Services. This section should also contain a detailed discussion of the work tasks and man agement activities necessary for Project completion. Discussion topics for consideration may include key Project issues, technical approach, schedule review process, Projec t management procedures, Project control capabilities, Project team coordination and exper ience, quality assurance, etc. Consultants should discuss their understanding and technical approach of the project or projects for which they are submitting.

II. EVALUATION CRITERIA
The city will use the following criteria and po int system to evaluate the RFQ submissions and determine the environmental firm that best meets the city’s needs.

Selection Criteria Point
Value
Submission demonstrates the firm and/or proposed subconsultants, have the local experience and technical personnel to complete the specific consulting tasks as outlined in the RFQ.
20 The submission demostrates that the firm, and/or subconsultants, have successfully completed environmental projects for a pub lic agency(s) that required regulatory approval from the agencies the city will have to gain approval from for this project. 20 Submission demonstrated the firm, and an y proposed subconsultants, have worked as part of a project team under the direction of a public agency project manager. 20 Submission demostrates the ability for the firm and its subconsultants to commit to the estimated timeline and complete the required tasks. 20
Work understanding and technical approach 20
III. GENERAL INFORMATION
Firms submit
ting a proposal in response to this RFQ must provide in their submittal verifiable evidence demonstrating that they have considerable current and past experience in providing the services necessary for the project as described in this RFQ.

After reviewing the RFQ submitted by interested fi rms, the City will develop a list of the most qualified firms and may conduct an interview if deemed necessary. Upon completion of evaluation of the RFQ/interviews, firms will be ranked. The City will seek a detailed scope of work and cost proposal from the top ranked firm, and begin negotiations. If an agreement is not reached between the City and the top ranked firm, the City will begi n negotiations with the second ranked firm and will continue the process until an agreement is reached. The City reserves the right to cancel the solicitation in its entirety and re-solicit proposals. The City reserves the option to negotiate a scope and fee for the final design services, any time during the performance of the work specified in this RFQ.

11.a
Packet Pg. 260
Attachment: RFQ - Eco Friendly Community Soccer Park.1.24.2024 (4484 : Contract Award - eCorp) City of Colton
RFQ for Environmental Consulting Services for Eco Friendly Community Soccer Park Page | 7
IV. SUBMISSION OF RFQ

1. Date and Time
RFQ must be submitted at or before 5:00 p.m. on February 12, 2024. R FQ received after
the above specified date and time will be returned to Proposers unopened.

2. Address
Proposals delivered in person or by another means shall be submitted to the following:

City of Colton
Community Services Department
670 Colton Avenue
Colton, California 92324
Attention: Deb Farrar, Community Services Director
C. Identification of Proposal.

Proposer shall submit an original and four (4) copies of its RFQ in a sealed package, addressed as shown above, bearing the Proposer’s name and address and clearly marked as follows:
“Proposal for the Environmental Consulting Services
for the Eco-Friendly Community Soccer Park”
D. Acceptance of RFQ/Statements of Qualification
a. The City reserves the right to accept or reje ct any and all RFQ, or any item or part thereof, or to waive any informalities or irregularities in RFQ. b. The City reserves the right to withdraw or cancel this RFQ at an y time without prior notice, and the City makes no representations that any contract will be awarded to any Proposer responding to this RFQ.
c. The City reserves the right to revise the proposed schedule for this solicitation for its own convenience.

V. PRE-CONTRACTUAL EXPENSES
The City shal
l not, in any event, be liable for any pre-contractual expenses incurred by Proposer in the preparation of its RFQ. Pre-contractual expenses include but not limited to expenses incurred by Proposer in:

1. Preparing its RFQ in response to this RFQ

2. Submitting that RFQ to the City

3. Negotiating with the City any matter related to this RFQ or

4. Any other expenses incurred by Proposer prior to date of award, if any, of a contract.

VI. ATTACHMENTS

1. Scope of Services

2. Current Master Plan

3. Professional Services Agreement

4. Insurance Requirements

11.a
Packet Pg. 261
Attachment: RFQ - Eco Friendly Community Soccer Park.1.24.2024 (4484 : Contract Award - eCorp)

11.a
Packet Pg. 262
Attachment: RFQ - Eco Friendly Community Soccer Park.1.24.2024 (4484 : Contract Award - eCorp)

CITY OF COLTON

REQUEST FOR QUALIFICATIONS
FOR

ENVIRONMENTAL CONSULTING

SERVICES

CITY OF COLTON
MASTER PLANNED 45 ACRE DEDICATED HABITAT CONSERVATION
AREA WITH 21 ACRE ECO-FRIENDLY COMMUNITY SOCCER PARK

SCOPE OF SERVICES

TABLE OF CONTENTS
Background/Introduction ...................................................................................................................... 2 Contract Phases .................................................................................................................................... 3 Task 1 Biological and Aquatic Resources ......................................................................................... 5 Task 2 Assessment of Remediation-Related Air Quality and Greenhouse Gas Emissions ..... 10 Task 3 Guyaux Landfill Tasks ............................................................................................................. 11 Task 4 Phase I Environmental Site Assessment (ESA) ...................................................................... 16 Task 5 Geotechnical Evaluation .......................................................................................................... 17 Task 6 CEQA Study and Mitigated Negative Declaration (IS/MND) ........................................ 19 Task 7 Meeting & Project Coordination ............................................................................................ 22

11.a
Packet Pg. 263
Attachment: RFQ - Eco Friendly Community Soccer Park.1.24.2024 (4484 : Contract Award - eCorp) City Of Colton
Request For Qualifications & Tasks Fees
For Environmental Consulting Services
Master Planned 45 Acre Dedicated Habitat Conservation Area With 21 Acre Eco-Friendly Community Soccer Park
RFQ - Scope
of Work Page 2 of 22
The City of Colton has been working with its Master Plan Consultants and the community for over a decade in designing and developing plans to construct and oper ate a community soccer park fa cility on 21- acres of a currently vacant 45-acre parcel of City-owned land within and adjacent to the Santa Ana River Watershed Habitat Conservation area (See Exhibits A and B). The proposed Project would provide field space needed by local soccer teams for practice and games. The City Council has adopted a Conceptual Master Plan for the site that includes the 21 acres of community sports fields, parking, and othe r ancillary site improvements, along with 24 acres of restoration and development of a dedicated wildlife habitat conservation park.

The city has completed the initial Mitigated Negative Declaration for the project and has received feedback from the various regulatory agencies with permitting control over the site and is now working with those agencies to address their approval requirements in the final design and development of the project. The project is being funded by a State of California grant the city has recent ly received approval for and the city will be seeking additional grants as the final design process proceeds. Consequently, both city and state reporting and administrative regulations apply to this project.

The city is soliciting proposals for qualifications and a prof essional services fee rate schedule for specific tasks to be performed by an environmental consultant in coordinati on with our engineering and architectural master plan design consultant to complete the final design and regulatory approval process, which will allow the city to obtain the necessary regulatory permits to implement the project.

It is the city’s intention of the city to divide the final design and regulatory approval process into four contract phases to be completed in a timeframe of two to four years. Because of the complexity of the project and the number of regulatory agencies that have permitting authorit y over the project, it is important to have the same project team throughout the process so that each co ntract phase builds the foun dation, knowledge, and data information to complete the subsequent contract phases.

The project team currently consists of city staff and our engineering and architectural master plan consultants who have been working on the project for the past decade. The city wishes to secure the services of an environmental consultant to join the city project team, and our master plan consultant, to complete the final design, mitigation requirements, and necessary regulatory approvals to proceed with the development of the proposed project. The city and master plan consultant have defined a specific set of tasks that need to be performed for the four contract phases to complete the final design process fo r the project and is seeking an environmental company that is interested in joining the project team and has the experience, personnel resources, local knowledge, and a successful track record of working with the regulatory agencies the city will need approval from to join the project team.

The Request for Qualifications will not require the submission of a bid amount. The city will make its selection based on experience and qualifications and a determination if you are the right fit for joining our project team for completing the environmental scope of work through your answers to the questions contained in the RFQ submission forms.

The four contract phases for the final design and approv al process is expected to take two to four years to complete, depending on the outcomes of the required habitat and land fill surveys and studies. Thus, it is important that you assess the ability of your firms’ project manager and technical team’s ability to make this time commitment before deciding to respond to the RFQ.

In addition, the project will require a si gnificant number of on-site team meet ings and interactions with our local regulatory agencies throughout the process. Consequently, the city will give priority to local firms that can respond quickly and have existing relationships and experience working specifically with our local regulatory agencies.

11.a
Packet Pg. 264
Attachment: RFQ - Eco Friendly Community Soccer Park.1.24.2024 (4484 : Contract Award - eCorp) City Of Colton
Request For Qualifications & Tasks Fees
For Environmental Consulting Services
Master Planned 45 Acre Dedicated Habitat Conservation Area With 21 Acre Eco-Friendly Community Soccer Park
RFQ - Scope
of Work Page 3 of 22
The four contract phases for the final design and approval are shown below, followed by the scope of specific tasks needed to be performed by the environmental consultant the city chooses to join the project team:

PHASE 1
 Revise the conceptual master plan to address the entire 45 acres of city property (including architectural) that provides for a dedicated Conservation Habitat Park that supports eco-friendly sports fields.  Conduct boundary surveys and consolidate parcels (aerial, topographic and boundary survey of all 45 acres), prepare encumbrance’s map, conduct slope analysis, prepare jurisdicti onal maps, and determine relocation of utility lines.
 Prepare revised grading plan for all 45 acres per re vised conceptual master plan (including revised hydrology report, water quality control plan, hydraulic modeling, and revised 100-year flood plain map.  Prepare focused traffic analysis and parking demand.
 Update biological resources survey and report and id entify CAFW jurisdiction per the revised 45-acre concept plan.
 Update aquatic resources delineation survey and re port and identify ACOE jurisdiction and CAFW jurisdiction per the revised 45-acre concept plan and revised 100-year flood plain map.  Prepare Native American cultural assessment and report.  Secure qualified biologist and pre pare small mammal trapping plan and focused special status plant survey plan for CAFW and USFW agency approval.
 Upon agency approval, conduct small mammal trapping plan and focused special status plant baseline surveys (spring and fall).
 Prepare air quality and greenhouse gas emissions analysis including activities of remediation plan.  Conduct testing and prepare Guyaux Landfill remediat ion plan and post closure land use plan per the revised 45-acre conceptual plan.
 Consultants and city to work closely with regulatory agencies in the planning and execution of the studies, surveys, and testing.
 Upon completion of the Phase One contract, the city will give notice to proceed on Phase Two contracts which will include:

PHASE 2
 Revised ESA per revised 45-acre concept plan – include necessary coordination with agencies and project team to gain input on methods, costs, etc.
 Geotechnical evaluation based on the preliminary grading plan for the 45-acre concept plan.  Preparation of a new IS/MND for final CEQA review – The current MND performed on the original 21 acre sports fields master plan will be a referenc e document; however, a new IS/MND process will be conducted on the new 45 acre master plan.
 Development of the habitat conservation area final co ncept plan – including necessary coordination with agencies.
 Preliminary architectural and landscape plans.
 Final concept grading plan and permit filing with regulatory agencies. Processing permit applications through regulatory agencies for approval – include necessary coordination with agencies. Include Request

11.a
Packet Pg. 265
Attachment: RFQ - Eco Friendly Community Soccer Park.1.24.2024 (4484 : Contract Award - eCorp) City Of Colton
Request For Qualifications & Tasks Fees
For Environmental Consulting Services
Master Planned 45 Acre Dedicated Habitat Conservation Area With 21 Acre Eco-Friendly Community Soccer Park
RFQ - Scope
of Work Page 4 of 22
for Letter of Map Change to FEMA.
 Upon completion of the Phase Two contracts, the city will give the notice to proceed on the Phase Three contracts.

PHASE 3
 Making any modifications necessary due to the outcome of the final IS/MND CEQA process.  Making any modifications necessary due to the outcome of the regulatory approval process.  Preparation of project budget and cost estimate.
 Grant applications for additional fundin g based on the final 45-acre conc ept plan, CEQA review of the final IS/MND, and Landfill Mitigation and Post Closure Plan.  Coordination with CAFW and USFW to discuss proc ess and legal requirements for setting aside conservation areas associated with this project.
 Secure all necessary permits.
 Upon completion of Phase Three contracts, the city w ill give notice to proceed on the final Phase Four of the process.

PHASE 4
The final construction documents (based on the regulatory conditions and approvals) include biological monitoring and pre-construction survey requirements and any restoration/mitigation requirements for the conserved areas.

Also implement methane monitoring periods after project approval.

11.a
Packet Pg. 266
Attachment: RFQ - Eco Friendly Community Soccer Park.1.24.2024 (4484 : Contract Award - eCorp) City Of Colton
Request For Qualifications & Tasks Fees
For Environmental Consulting Services
Master Planned 45 Acre Dedicated Habitat Conservation Area With 21 Acre Eco-Friendly Community Soccer Park
RFQ - Scope
of Work Page 5 of 22
The final habitat surveys and trappings, which must be co mpleted within one year of the start of grading. The following outlines the specific tasks within the four phases of contracts that will be re quired of the environmental consultant the city chooses to be on the project team:

TASK 1 – BIOLOGICAL AND AQUATIC RESOURCES
Subtask 1A
Updated Biological Resources Survey and Report
The most recent biological resources report was prepar ed by Psomas in 2019 and w ill need to be updated to support the new CEQA IS/MND document. This will include performing an updated literature review, conducting a biological survey to assess the current condition of the Project Site, and preparing a new biological resources report for the entire 45-acre master plan site. Additionally, coordination with the Project Team who have extensive history on this Project, must be included in this task to ensure the biological report will meet the needs of master plan and regulatory approval process.

Prior to conducting the biological survey, a biologist will n eed to review the Initial Study previously prepared for the Project, including the comment letter from the Calif ornia Department of Fish and Wildlife (CDFW) (Psomas 2019) as well as the 2019 biological resources report prepared by Psomas.

An updated literature review will also need to be perfo rm ed and will need to include searches of the CDFW California Natural Diversity Database (CNDDB), and the California Native Plant Society (CNPS) Electronic Inventory. In addition, other documentation, range maps of sensitive species, and other site-specific reports regarding biological resources that are relevant to evaluating the biological resources on the site will need to be reviewed.

Following the past Project documents and literature review, biologists will need to perform a biological resourc es
assessment survey of the City-owned parcels comprising approximately 45.5 acres to assess the biological resources within the Project Area and to determine if site conditions are similar to those previously reported in the 2019 report. The Project Area will be closely examined for the presence of habitat supporting special-status plant and wildlife species, including specia l- status plant species, Delhi Sands flower-loving fly, burrowing owl, southwestern willow flycatcher, special -status small mammal species, and bat sp ecies. Additionally, the presence of exotic and invasive plant and wildlife species will be documented during the survey. The survey will be performed by qualified biologists experienced with these resources and will consist of a site walkover. Biologists will take photographs to document the site conditions, develop plant and wildlife species lists, and characterize the habitats within the Project Area. Vegetation communities previously documented by Psomas in 2019 will be verified and, if necessary, modified to reflect current conditions. The habitat assessment will identify any areas of suitable habitat for sensitive plant and wildlife species that may or may not require additional focused wildlife surveys, special attention will be paid to the resources identified in the Project’s 2019 IS/MND. If special-status species are detected, occurrences will be documented using a global positioning system (GPS) device.

Following the completion of the biological survey, there will be a need to prepare an updated biological resources report that details the results o
f the literature review and field survey and includes a summary of results of the 2019 Psomas report. The report will conform to the information needs for review under CEQA and will include a description of the proposed Project, maps of the Project Site, methods used to conduct the survey, the survey results, and special-status species potential for occurrence. The report will also present recommendations for further work, if needed, including focused surveys for sensitive sp ecies. The consultant will provide one electronic copy (PDF) of the draft report, delivered by email. After incorporating one round of complete and compiled comments, a final version of the report will be submitted electronically in PDF form.

11.a
Packet Pg. 267
Attachment: RFQ - Eco Friendly Community Soccer Park.1.24.2024 (4484 : Contract Award - eCorp) City Of Colton
Request For Qualifications & Tasks Fees
For Environmental Consulting Services
Master Planned 45 Acre Dedicated Habitat Conservation Area With 21 Acre Eco-Friendly Community Soccer Park
RFQ - Scope
of Work Page 6 of 22
The report will identify the need for focused surveys that may be required to comple te the impacts analysis for CEQA. However, this task does not include focused (protoco l-level) surveys for special- status species, a formal delineation of waters potentially under the jurisdiction of the USACE or CDFW, preparation of permit applications, or coordination or consultation with the regulatory agencies. Other subtasks in this proposal provide scope for the additional biology work assumed to be required for the Project.

Subtask 1B
Updated Aquatic Resources Delineation Survey and Report The renewal of the Project, with proposed new configuration, will require an updated aquatic resources delineation for future regulatory permitting with the jurisdictional agencies.

The consultant will conduct a literature review of the National Wetland Inventory, NRCS soils, National Hydrology Database and other public records. After the lit
erature review is complete, a delineation specialist will conduct a field review to compare the existing delin eation with current site conditions, and to comply with the most current standards required by the U.S. Army Corps of Engin eers (USACE), CDFW, and Regional Water Quality Control Board (RWQCB).

Based on the aforementioned guidance, and field review, a letter report that updat es the delineation work to current standards will be prepared. The report will includ e figures, photographs of the features found during the updated field work, a discussion of th e existing site conditions, description of vegetation communities that are present within the Project Area, and a brief discussion of delineated features found within the study area. Based on the most up-to-date engineering pl ans for the work, the consultant will confirm or revise expected impacts associated with the Project in the report.

A draft report will be prepared and submitted for co mment. One round of consolidated comments will be addressed, and the report will then be finalized. The final report will be made available, if necessary, to the regulatory agencies (USACE, CDFW and RWQCB) for the re gulatory review before permitting process begins with these agencies. Note that the report will also suffice to support any coordination necessary with the City of Colton and Project Team.

Subtask 1C
Small Mammal Trapping Plan and Agency Approval
The consultant shall prepare one (1) special-status small mammal trapping plan (Plan) that will be subject to approval by the California Department of Fish and Wildlife (CDFW) and the United States Fish and Wildlife Service (USFWS). The Plan will address or include the following, but is not limited to:
 Methods of the preliminary trapping survey to determine occupancy of the Project Site by SBKR and/or LAPM.  A graphic/map of the Project Site with proposed trapping locations.  Proposed trapping dates.
 Frequency of trap checks.
 Bait.
 Data to be collected on captured animals.

Three drafts of the Plan are included in this task. The consultant shall p repare one draft of the Plan and submit an electronic copy (PDF) to the City for comments. Once the consultant receives comments/edits, if any, they will revise the draft Plan and provide a final version of the Plan via email PDF. The consultant will then submit the electronic version of the Plan to the appropriate contacts at CDFW and USFWS for review and approval.

11.a
Packet Pg. 268
Attachment: RFQ - Eco Friendly Community Soccer Park.1.24.2024 (4484 : Contract Award - eCorp) City Of Colton
Request For Qualifications & Tasks Fees
For Environmental Consulting Services
Master Planned 45 Acre Dedicated Habitat Conservation Area With 21 Acre Eco-Friendly Community Soccer Park
RFQ - Scope
of Work Page 7 of 22
Following CDFW and USFWS review of the Plan, the consultant will coor dinate with CDFW and USFWS and incorporate one additional round of compiled comments and finalize the Plan.

Subtask 1D
Qualified Biologist Approvals Support and Coordination
We anticipate the need for qualified biologists to be approved by USFWS and CDFW prior to conducting surveys, preparing survey plans, and performing monitoring activities for the Project. Typically, this involves submittal of a resume and/or qualified biologist form to agency representatives that details each biologist’s experience working with the special-status species that will be protected by the Project’s permits and agreements. The consultant’s biological task manager will coordinate with the proj ect team to tailor existing resumes and present the appropriate information for agency submittal. The co nsultant shall submit the qualified biologist resumes/qualifications to the City for review prior to submitting to agency personnel. Some back-and-forth coordination with agency personnel is often required to ensure the nece ssary biologists are approved for the appropriate Project actions, and costs for some back-and -forth coordination will be included in this task.

Additionally, maintaining an updated biologist approvals matrix for internal reference and to submit to the regulatory agencies is included in this task. Submittal and coordination on up to 15 qualified biologist resumes should be included in this task. If addi tional qualified biologists are required for the Project, an additional scope and fee will be prepared.

Subtask 1E
Focused Special-Status Plant Survey and Report (2 Years) The plan is to schedule the special-status plant survey to occur no more than one (1 ) year prior to the start of ground-disturbing Project activities; however, we anticipate a need prior to that time to perform the plant survey to better understand the occurrence and distribution of special-status plant species within an d adjacent to the Project Site for Project planning and mitigation purposes. Therefore, two years’ worth of special-status plant surveys need to be included, the first year as a focused survey to understand the population and locations of special-status plant species, and the second year as a focused pre-const ruction-type survey to be conducted no more than one (1) year prior to the start of ground-disturbing Project activities.

The current CEQA document contains incomplete information on the current status and distribution of special-status plant species within and adjacent to the Project Site. In accordance with the survey requirement in the 2019 IS/MND Mitigation Measures BIO-1, BIO-3, and BIO-4 and in order to update the information in the proposed new CEQA document, a focused special-status plant survey shall be conducted with special attention paid to Santa Ana River woolly star and slender- horned spineflower.

The consultant shall provide two qualified biologists to perform two (2) focused rare plant surveys for the Project during the appropriate blooming period for target species (approximately mi d-May); surveys will be conducted in two separate years during the appropriate blooming pe riod. The surveys will be conducted by walking the Project Area plus a 100-foot buffer in accordance with the USFWS Guidelines for Conducting and Reporting Botanical Inventories for Federally Listed, Proposed, and Candidate Plants, the CDFW Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Popul ations and Natural Communities, and the CNPS Botanical Survey Guidelines of the California Native Plant Society. Ta rget species will include rare plants that have been documented on the Project Site or may have a potential to occur as identified in the Project’s 2019 IS/MND and based on results of an updated literature review that will be performed before the survey begins.

11.a
Packet Pg. 269
Attachment: RFQ - Eco Friendly Community Soccer Park.1.24.2024 (4484 : Contract Award - eCorp) City Of Colton
Request For Qualifications & Tasks Fees
For Environmental Consulting Services
Master Planned 45 Acre Dedicated Habitat Conservation Area With 21 Acre Eco-Friendly Community Soccer Park
RFQ - Scope
of Work Page 8 of 22
During the focused surveys, transects w ill be walked in all the accessible po rtions of the survey area. Portions of the survey area that cannot be accessed on foot will be surveyed using binoculars. This task includes time to conduct a verification survey at nearby known reference populations as part of the surveys.

A comprehensive list of all plant species observed during the surveys will be compiled and included in the report.

The location of any special-status plant species encounter ed during the surveys will be recorded using a Global Positioning System (GPS) equipped with sub-meter accuracy. This task assumes that one (1) survey will need to be conducted during the spring of 2024 to properly capture the peak blooming periods of the target species and one (1) additional plant survey to be conducted within one (1) year of the start of ground-disturbing activities. If it is determined that additional surveys are required, the consultant shall provide a separate cost estimate and scope of work for the extra survey(s).

Following the completion of each of the rare plant surv eys, the consultant shall submit one electronic copy of the draft report to the City for a total of two (2) reports for two separate survey years. The reports will describe the methods used to conduct the surveys and the results of ea ch survey. A map showing th e location of any special- status plant species observed during the surveys will be in cluded in the report. After receiving one round of complete comments on each report, a final version of each of the reports will be submitted electronically.

Subtask 1F
Special-Status Small Mammal Trapping and Report (2 Sessions Over 2 Years) The plan is to schedule the small mammal trapping to occur no more than one (1) year prior to the start of ground- breaking Project activities; however, we anticipate a need prior to that time to perform the trapping survey to better understand the occurrence and distribution of special-status small mammal spec ies within and adjacent to the Project Site for Project planning and mitigation p urposes. Therefore, this task re quires two years’ worth of trapping surveys, the first year as a focused survey to und erstand the population and locations of special-status small mammal species, and the second year as a focused pre-construction-type survey to be conducted no more than one (1) year prior to the start of ground-disturbing Project activities.

Based on a review of aerial images and previous biologic al reports, the Project Site appears to contain habitat suitable for San Bernardino kangaroo rat (SBKR; Dipodomys merriami parvus) and Los Angeles pocket mouse (LAPM; Perognathus longimembris brevinasus). USFWS protocols for SB KR surveys require that trapping be conducted to confirm the presence of SBKR in area s of suitable habitat where SBKR are kno wn to occur. Trapping is the only way (except for laboratory DNA testing) to know for certain if observed field sign is that of SBKR or that of the non-endangered Dulzura kangaroo rat (DKR; Dipodomys simulans). The trapping surveys will be performed by a biologist in possession of a Federal 10(a)(1)(A) Recovery Permit and CDFW Scientific Collecting Permit. The surveys will be conducted in accordance with the protocols outlined by USFWS and in the biologist’s permit.

As a requirement of the biologist’s permit to conduct a live-trapping survey for SBKR, permitted individuals must notify the USFWS within 15 working days prior to the anticipated start date of survey work for each trapping survey. This notification will include a map showing the survey area delineated on a 7.5-minute U.S. Geological Survey topographic map. The trapping survey cannot begin until 15 days after submittal of the USFWS notification.

USFWS protocol trapping requires five consecutive nights of trapping, when the animal is active aboveground and when the overnight temperature lows are 50 degrees Fahre nheit or higher, while avoiding periods of overnight precipitation. Additionally, it is recommended that trappi ng be conducted when the LAPM is known to be active

11.a
Packet Pg. 270
Attachment: RFQ - Eco Friendly Community Soccer Park.1.24.2024 (4484 : Contract Award - eCorp) City Of Colton
Request For Qualifications & Tasks Fees
For Environmental Consulting Services

Master Planned 45 Acre Dedicated Habitat Conservation Area With 21 Acre Eco-Friendly Community Soccer Park

RFQ - Scope of Work Page 9 of 22
above ground (approximately from April through September) so the animal can be detected/observed if present.

Traps will be set in the habitats most likely to yield SBKR and LAPM, to confi rm presence/absence of the species.

Permit conditions limit focused small mammal trapping stud ies to 200 traps per permitted investigator. The traps are required to be spaced approxi mately 10 meters apart. During each night of trapping within a trapping session, traps will be set and baited in the evening and then checked the subsequent morning, at which time animals will be released and traps closed. All captured animals w ill be identified to species and data will be taken for any SBKR and LAPM captured, including age, sex, reproducti ve condition, and location. Based on the size of the Project Site, we anticipate two (2) trapping sessions being necessary to determine presence/absence on the City- owned lands.

Following each trapping effort, a report will be prepared that documents the results of the trapping effort, for a total of two (2) reports over two years’ worth of trapping studies. The reports also will include a discussion of trapping methods, a figure showing trap locations and, if applicable, SBKR and LAPM capture locations, and representative photographs. A draft copy of each report will be submitted electronically for review. After receiving one round of compiled comments on each draft report, if ne cessary, final versions of the report will be prepared and submitted electronically.

Task 1 Deliverables:
 Draft and Final versions of the updated biological resources report submitted electronically.  Draft and Final versions of the updated aquatic resources delineation report submitted electronically.  Preliminary Draft, Draft, and Final versions of the small mammal trapping plan submitted electronically.  Resumes of qualified biologists submitted electronically to the appropriate regulatory agencies.  Biologist resumes/qualifications submitted to the regulatory agencies and maintenance of a biologist approvals matrix.
 Draft and Final versions of the special-status plant survey report submitted electronically.  Draft and Final versions of the special-status small mammal trapping report submitted electronically.

11.a
Packet Pg. 271
Attachment: RFQ - Eco Friendly Community Soccer Park.1.24.2024 (4484 : Contract Award - eCorp) City Of Colton
Request For Qualifications & Tasks Fees
For Environmental Consulting Services
Master Planned 45 Acre Dedicated Habitat Conservation Area With 21 Acre Eco-Friendly Community Soccer Park
RFQ - Scope
of Work Page 10 of 22
TASK 2

ASSESSMENT OF REMEDIATION-RELATED AIR QUALITY AND GREENHOUSE GAS EMISSIONS In coordinati
on with City of Colton staff and master plan consultants, the environmental consultant will develop conservative though reasonable assumptions regarding a worst-case remediation effort on the Project Site. Based on these assumptions of maximum pote ntial soil disturbance/grading, soil hauling, and equipment used, the consultant will quantify remediation-related criteria air pollutant and GHG emissions using the most recent version of the California Emissions Estimator Model (CalEEMod) so ftware. CalEEMod is a stat ewide land use emissions computer model designed to quantify pollutant emission s associated with operations from a variety of land use projects. Project criteria air pollutant and GHG emissions will be compared to the thresholds of significance promulgated by the South Coast Air Quality Management District (SCAQMD), including SCAQMD’s recommended Localized Significance Thresholds (LSTs). LSTs were developed in response to SCAQMD Governing Boards' Environmental Justice Enhancement Initiative (I-4).

The consultant shall evaluate potential air quality and GHG emission-related impacts in a technical memorandum.

The analysis will be supported by modeling documentation, which would be included as an appendix to the technical memorandum.

Task 2 Deliverables:
 Draft and Final versions of the Air Quality and Greenhouse Gas Emissions Assessment Memorandum submitted electronically.

11.a
Packet Pg. 272
Attachment: RFQ - Eco Friendly Community Soccer Park.1.24.2024 (4484 : Contract Award - eCorp) City Of Colton
Request For Qualifications & Tasks Fees
For Environmental Consulting Services

Master Planned 45 Acre Dedicated Habitat Conservation Area With 21 Acre Eco-Friendly Community Soccer Park

RFQ - Scope of Work Page 11 of 22
TASK 3 – GUYAUX LANDFILL TASKS

Subtask 3A
Site Worker Health and Safety Plan, Community Health and Safety Plan and Waste Management Plan

This task includes preparing a worker Site Health and Safe ty Plan (SHSP) that also includes as an appendix a Community Health and Safety Plan (CHSP). Both of these plans will be included in the Waste Management Plan (WMP) as appendices. The planned construction Project cannot begin until the LEA (and possibly other regulatory agencies/parties) reviews and approves the WMP.

Site Worker Health a nd Safety Plan (SHSP) Any time subsurface activities are conducted by subcontractors and other field staff working at the landfill for this Project or subsequent to completing the Project, they will be required to be trained and current in accordance with the standards provided by Hazardous Waste Operations and Emergency Response (HAZWOPER) (40- hour initial trai ning with annual updates) . Appropriate management personnel will also have 8-hour supervisor training. All personnel, including subcontractors, working in or near the subsurface activities are required to have current HAZWOPER certification.

The worker SHSP will be prepared in general accordance with the Federal Occupational Safety and Health Administration Hazardous Waste Operations and Emergency Response Standard (29 Code of Federal Regulations 1910.120) and California Code of Regulations, Title 8 Section 5192. The consultants Certified Industrial Hygienist (CIH) will assist and oversee the preparation of the plan. The SHSP will be required to be implemented during any subsurface activities conducted at the site. The SHSP w ill be included as an appendix to the WMP and will be required to be implemented during any subsurface activities conducted at the site.

Community Health and Safety Plan (CHSP) Due to the location of the site (adjacent to residential properties), a CHSP will be prepared for the purpose of providing controls and oversight necessary to limit the community’s exposure to chemicals of concern, dust, noise, and safety hazards associated with planned site construction Project activities. The CHSP will provide information related to potential public expo sures to hazards including recommended methods to prevent exposure; identify th e chemicals/constituents of concern; describe the environmental monitoring requirements and site contro l methods; and provide a plan to address potential exposures to hazardous materials/subst ances that could be encountered. The CHSP will be included as an appendix to the SHSP and will be required to be implemen ted during any subsurface activities conducted at the site.

Waste Management Plan (WMP) This task includes preparing a WMP that provides policies, information, requirements, and guidelines regarding procedures to be followed by subcontractor(s) and other field personnel participating in any subsurface activities conducted at the site, including but not limited to (e.g., grading; excavating/backfilling; monitoring; temporary stockpiling and management of excavated wastes, soils, etc.; sampling and testing; and assistance with possible onsite reuse of excavated materials [with regulatory agency approval] related to the Project). This WMP needs to be implemented during the curr ent and future construction Project activities.

The general contents of the plan will include an introduction; plan objectiv e; site location/descriptions; site characterization information (environmental background, g eology, hydrology, waste types, etc.); definitions of wastes, materials, contaminated substance, hazardous substance, hazardous waste, regulated wastes, etc.; definition of competent person(s); requirements relate d to contractors/subcontractors working at the site; information related to environmental co nsultant; notifications; permits; exc avation, segregation and stockpiling; offsite disposal and/or onsite reconsolidation; stockpile sampling program; stockpile sampling analytical testing

11.a
Packet Pg. 273
Attachment: RFQ - Eco Friendly Community Soccer Park.1.24.2024 (4484 : Contract Award - eCorp) City Of Colton
Request For Qualifications & Tasks Fees
For Environmental Consulting Services

Master Planned 45 Acre Dedicated Habitat Conservation Area With 21 Acre Eco-Friendly Community Soccer Park

RFQ - Scope of Work Page 12 of 22
program; waste transport and offsite disposal; waste management inspecti on and documentation program; and information/requirements for updating the WMP. The plan is intended to be a master document that can be used, and as necessary, updated for the current Project as well as future work that involv es disturbing the subsurface materials at the site. The WMP will be submitted to the LE A for their review and approval prior to beginning the construction Project.

Subtask 3B
Post-Closure Land Use Plan
The Post Closure Land Use Plan (PCLUP) will be prepar ed in general accordance with applicable portions of California Code of Regulations (CCR) Title 27, “Section 21190 – Post-closure Land Use.” The LEA/CalRecycle (and other regulatory agencies) require a PCLUP be prepared when there is a change in land use at the waste disposal site/landfill. In this case, the change in land use is from undeveloped land to soccer park. The PCLUP will summarize previous investigations and findings (e .g., results of the Phase I and II ESAs ), and will include information about permitting, Project construction design and its relationshi p to the location of wastes, waste cover maintenance, drainage and maintenance, protection of public health an d safety, prevention of public contact with landfill gas, prevention of landfill gas explosions, site security and other relevant information. The PCLUP must be submitted to the LEA and approved prior to beginning the Construction Project.

Subtask 3C
Construction Oversight and Monitoring/Construction Sampling and Analytical Testing/Construction Closeout Report

The level of effort related to construction monitoring serv ices for the planned Project is not known at this time.

Therefore, for the purposes of this RFQ, a certain amount of time needs to be assumed and likely will be modified once the final SOW and approvals by regulatory agency staff are obtained.

The Post Closure Land Use Plan (PCLUP) will be prepared in general accordance with applicable It is anticipated that the environmental oversight and monitoring will be conducted in general accordance with the Construction Project specifications, the WMP, the Contractors Storm Water Pollution Prevention Plan, the PCLUP, the site worker Health and Safety Plan, the Community Health and Safety Plan and Best Management Practices (BMPs).

The consultant’s staff will provide environmental monitoring and oversight d uring the Project at locations where wastes are known and/or suspected to be present, including, but not limited to during grading, excavation of soils and wastes, relocation (onsite reconsolidation of soils and/or wastes (if the latter is approved by regulatory agency staff), etc.). The environmental oversight services are not entirely known at this time but are anticipated to generally consist of directing segregating wastes from “clean” soils /formation, as applicable an d as possible, overseeing reuse (e.g., onsite reconsolidation) of excavated materials if approved by the regulatory agencies, etc.

The consultant shall conduct environmental air monitoring du ring excavating, grading, etc. at locations within the Project Area at locations known or suspected to contai n wastes, during stockpile sampling if applicable and/or required, loading of wastes onto trucks for offsite disp osal and for onsite reconsolidation (if applicable and/or required), and during any onsite reconsolidations and/or onsite reuse and/or offsite disposal (as applicable and if approved by regulatory agencies). The air monitoring will be conducted using a dust monitor and 5 gas meter or equivalent monitoring equipment. Air monitoring re adings will be recorded each time these activities are conducted in accordance with the SHSP and CHSP.

11.a
Packet Pg. 274
Attachment: RFQ - Eco Friendly Community Soccer Park.1.24.2024 (4484 : Contract Award - eCorp) City Of Colton
Request For Qualifications & Tasks Fees
For Environmental Consulting Services
Master Planned 45 Acre Dedicated Habitat Conservation Area With 21 Acre Eco-Friendly Community Soccer Park
RFQ - Scope
of Work Page 13 of 22
Depending on LEA and construction Project requi
rements, sampling and analytical testing to characterize wastes, soils, etc. for possible onsite reconsolidation, and/or possible onsite reuse, and/or offsite disposal may need to be conducted. The specific activities, number of samples to be analyzed and analytical tests are not known at this time and therefore a level of effort was assumed to be 22 hours.

A Project Construction Completion Report (“close out repo rt”) will be prepared summarizing the environmental activities associated with the Construction Project. The report will include an introduction, description of construction Project activities, background information, general info rmation on the Construction Project area, documentation related to waste types and estimated extents when encountered, locations where wastes were encountered and if excavated, their disposition (e.g., offsite disposal, on site reconsolidated [if applicable and pre-approved by the regulatory agencies)]), summary of Construction Project activities conducted and documentation including but not limited to Field Documentation (Daily Reports of Field Observations), photographs documenting construction activities, contractor provided surveyed areas of co nstruction activities, hazardous and nonhazardous waste manifests, etc. The report will be provided electronically and will need to be submitted to the regulatory agencies.

Subtask 3D
Landfill Gas Monitoring Network
It is not known whether landfill gas (LFG) is present at the site and if present, whether it may be migrating offsite.

Due to the proximity of residential properties and CCR Title 27 requirements related to post closure land use, even though the WDS is a pre-regulations site, it is antici pated that the LEA/CalRecycle will require constructing a Landfill Gas Monitoring Network. CCR Title 27 LFG wells are required to be constructed outlying wastes; however, it is not entirely clear at this time whether this may be possi ble at all locations if wa stes extend offsite. For the purposes of this RFQ, it is assumed that six, single completion Landfill Gas (LFG) wells will be constructed after completion of the Construction Project. The wells are proposed to be constructed after the Construction Project is completed to reduce the likelihood of them being in advertently damaged/destroyed. LFG wells are anticipated to extend to approximately 20 feet below ground surface and will be completed with monument covers, unless otherwise specified to be flush mounted well boxes. Investigative derived wastes related to the construction of the LFG wells is not anticipated to require containment and offsite disposal nor is surveying of the LFG well locations.

The six LFG wells will likely be required to be monito red monthly and sampled quarterly for one year. Monthly monitoring will be recorded on field data sheets. Samp les will be collected quarterly for analysis of fixed gases/LFG by ASTM D-1945 and TO15 – Volatile Organic Compounds (VOCs). One LFG report will be prepared summarizing the one year of monitoring and four sampling events; monitoring and analytical data will be compiled into summary tables and included in the report. As is typically required, if during the one year of monitoring methane gas concentrations exceed greater than 5%, the regulatory agencies will be notified, provided the applicable information, and additional sampling and testing of the LFG well(s) may be required.

Subtask 3E
Field Investigation (Waste Characterization and Delineation) The area to the west-southwest of the previous 2017 field investigation was not investigated; however, this area may contain similar wastes, particularly based on the pres ence of wastes to the adjacent west. As requested, a Field Investigation will be conducted at this land parcel to delineate the lateral and vertical extent of wastes, evaluate cover and waste locations and thickness, and chemical characteristics.

11.a
Packet Pg. 275
Attachment: RFQ - Eco Friendly Community Soccer Park.1.24.2024 (4484 : Contract Award - eCorp) City Of Colton
Request For Qualifications & Tasks Fees
For Environmental Consulting Services

Master Planned 45 Acre Dedicated Habitat Conservation Area With 21 Acre Eco-Friendly Community Soccer Park

RFQ - Scope of Work Page 14 of 22
Due to the location of the land parcel to be investigated, and results of the previous (2017) Field Investigation, a work plan will be required by the presumed lead environmental agency, LEA/CalRecycle, which is overseeing the waste disposal site. The previously prepared (Ninyo & Moore, 2017) work plan will be modified/updated for this investigation, since the proposed scope of work and methodologies will be similar to that previously proposed and conducted previously at the site and such a plan was previously regulatory agency approved. The work plan will be submitted electronically to the LEA/CalRecycle for re view and approval and it is assumed the work plan will be approved by the LEA/CalRecycle with limited to no modi fications. It is estimated it will take 1.5 to 2 days to complete this investigation and for the purposes of this proposal we estimated two (2) days.

Details of the scope of work are provided below:
 Test pits/trenches will be excavated to generally char acterize and delineate the lateral, and as possible, vertical extent of wastes (approximate maximum depth of excavation is anticipated to be 19 feet below ground surface (bgs)) using a track hoe excavator operated by an experienced OSHA 40-hour HAZWOPER certified operator. Anticipated test pit locations will be indicated in the updated/revised work plan; however, as is typically done, actual locatio ns will be determined in the field, as necessary to accomplish the project objectives. Groundwater is not expected to be encountered; however, if present, excavation will proceed as quickly as safely possible to try to get through the wastes and into the underlying formation; groundwater may cause some excavations to cave and/or terminate prior to encountering the underlying formation.  Field screening of each test pit/trench excavation will be conducted using a five-gas meter or equivalent that monitors lower explosion limit (LEL), oxygen, hydrogen sulfide, and carbon monoxide and that includes a photoionization detector that provides volatile organic compound (VOC) readings for health and safety. The readings will be recorded to document field conditions.  Collection of two to three discrete samples from each test pit/trench; generally, one at or near the surface one in the wastes (could be more if wastes are thick and/or highly variable; may be less if wastes are not observed), and one in the underlying formation beneath the wastes, if possible. Sample locations/depths in each test pit/trench will be based on the fiel d observations and as applicable, inst rument screening of the subsurface material.
 Each test pit/trench will be logged by a California-regi stered Professional Geolog ist (PG) or staff working directly under said professional. Each individual log will indicate the depths/locati ons, types, and estimated percentages of wastes and cover, if present, based on field observations, and sample locations. Additionally, each sample location will be labeled, photographed, and recorded using a GPS program.  Each test pit/trench location will be restored, to the extent practical, to its original condition, by backfilling with its own excavated materials. Each test pit/trench will be backfilled in the approximate reverse order in which it was excavated.
 Following documentation and sampling, each test pit/trench location will be backfilled with materials removed from that location and the excavation location restored, to the extent practical, to its original condition. Each test pit/trench will be backfilled wi th excavated materials in the approximate reverse order in which it was excavated.
 Discrete samples will be submitted for analytical test ing to a California-accred ited analytical testing laboratory. The analytical testing will be based on the presence or absence of wastes and the types of wastes observed at the specific test it/trench location. The number of samples to be analyzed and testing to be conducted will be proposed in the updated/revised wo rk plan and was assumed for this proposal based on the anticipated scope of work for the Field Investigat ion and results of the previous investigation (Ninyo & Moore, 2017). The actual number of samples to be test ed and analyses will be bas ed on field observations and was assumed for this RFQ.

11.a
Packet Pg. 276
Attachment: RFQ - Eco Friendly Community Soccer Park.1.24.2024 (4484 : Contract Award - eCorp) City Of Colton
Request For Qualifications & Tasks Fees
For Environmental Consulting Services

Master Planned 45 Acre Dedicated Habitat Conservation Area With 21 Acre Eco-Friendly Community Soccer Park

RFQ - Scope of Work Page 15 of 22
 The excavation subcontractor should be selected based on their experience and best rate provided.  Following completion of the Field Investigation, re ceipt of analytical results, and data evaluation and compilation a report will be prepared for submittal to the regulatory agencies. The report will include descriptions of field methodologies, tabulated analytic al data, analytical reports accompanied by chain-of- custody documentation and quality a ssurance/quality control documentation, figures, tables, photographs, a summary of findings and conclusions, and recommendations. The report will be provided in an electronic format.

Task 3 Deliverables:
 Draft and Final versions of the SHSP, CHSP, and WMP submitted electronically.  Draft and Final versions of the PCLUP submitted electronically.  Monitoring documentation submitted electronically.
 Draft and Final versions of the Construction Closeout Report submitted electronically.  Draft and Final versions of the Site Investigation Report submitted electronically.

11.a
Packet Pg. 277
Attachment: RFQ - Eco Friendly Community Soccer Park.1.24.2024 (4484 : Contract Award - eCorp) City Of Colton
Request For Qualifications & Tasks Fees
For Environmental Consulting Services
Master Planned 45 Acre Dedicated Habitat Conservation Area With 21 Acre Eco-Friendly Community Soccer Park
RFQ - Scope
of Work Page 16 of 22
TASK 4 – PHASE I ENVIRONMENTAL SITE ASSESSMENT (ESA)
The scope of service
s for the Phase I ESA will be consistent with the ASTM International (ASTM) Standard Practice E 1527-13 and -21, and the United States Environmental Protection Agency All Appropriate Inquiry rule. The scope of services will include the following:
 Reviewing lease and title records for the site, if provided by the city, to evaluate probable past site uses and their possible impact on the current environmental status of the site. The city will provide a recent title report for the property, if available.
 Reviewing readily available maps, environmental reports, and title records pertaining to the site, as provided by the city. The city will provide copies of documents in its possession.  Conducting an interview with a site representative regarding the environmental status of the site.  Performing a site reconnaissance to document potentia l hazardous materials handling, storage, and disposal practices. In addition, the site reconnaissance will docume nt areas of potentially contaminated surficial soil or surface water, possible sources of polychlorinated biphenyls, underground and aboveground storage tanks, and possible sources of contamination from activities at the site and adjacent properties. Features will be shown on a site map to be included in the report.
 Reviewing federal, state, and local regulatory agency databases for the site and for properties located within a specified radius of the site. The purpose of this review is to evaluate the possible environmental impact to the site from current or historical on- and off-site activiti es. Databases will identify locations of known hazardous waste sites, landfills, leaking underground storage tanks, permitted facilities that utilize underground storage tanks, and facilities that use, store, or dispose of hazardous materials.  Reviewing reasonably ascertainable local regulatory agency files for the site and adjacent properties.

Requests will be made to the Co unty of San Bernardino and other age ncies, as appropriate. Reviewing reasonably ascertainable historical documents, including aerial photographs and topographic maps, as appropriate.
 Performing a preliminary vapor en croachment screen using ASTM E 2600-15 Standard Guide for Vapor Encroachment Screening on Property Involved in Real Estate Transactions, to evaluate the potential vapor encroachment conditions.
 Preparing a Phase I ESA report documenting findings and providing opinions and recommendations regarding possible environmental impacts at the site.

Task 4 Deliverables:
 Draft and Final versions of the Phase I ESA submitted electronically.

11.a
Packet Pg. 278
Attachment: RFQ - Eco Friendly Community Soccer Park.1.24.2024 (4484 : Contract Award - eCorp) City Of Colton
Request For Qualifications & Tasks Fees
For Environmental Consulting Services

Master Planned 45 Acre Dedicated Habitat Conservation Area With 21 Acre Eco-Friendly Community Soccer Park

RFQ - Scope of Work Page 17 of 22
TASK 5 – GEOTECHNICAL EVALUATION

Based on a review of the site plan provided, and previous geotechnical and environmental reports the City will be constructing a 21-acre sports park that will include eight new soccer fields that will be either natural turf or synthetic turf, two sets of new restroom facilities and a concession building that will be connected by a covered breezeway, new parking lots and drive isles, new light poles for the soccer fields and parking lots, multipurpose trails, children play areas, and new site walls and fencing. In addition, an approximately 15-foot-deep detention basin is planned that will be used for stormwater infiltration. The city also plans to restore and construct a 24 acre dedicated wildlife habitat conservation park. The purpose of geotechnical consulting serv ices will be to evaluate the soil, geologic, and groundwater conditions at the site and to provid e design and construction recommendations regarding the geotechnical aspects of the Project. This will include geotechnical recommendations to address mitigation measures for Geology and Soils that are described in the Initial Study/Mitigated Negative Declaration document that was prepared for the sports fields portion of the Project. The Project Area is generally underlain by granular young alluvial wash deposits associated with the Santa Ana Rive r. However, landfill waste is present within the central portion of the site associated with the Guyaux Landfill that has waste materials up to approximately 20 feet deep.

The primary geotechnical considerations for the Project include evaluating the liquefaction hazard at the site and developing appropriate geotechnical design recommendatio ns for the new restrooms, concession buildings, and breezeway, developing geotechnical recommendations to construct a parking lot over the landfill waste materials in consideration of future landfill settlement, and evaluating the feasibility of infiltrating stormwater in the proposed detention basin.

Based on the city’s past experience, review of the Proj ect exhibits and other support ing documents, and on our review of our previous geotechnical and environmental reports, we have developed the following scope of geotechnical services:
 Project coordination, planning, and scheduling for subsurface exploration.  Review of readily available topographic, geologic, faul t, and flood maps, other published literature, aerial imagery, our previous geotechnical and environmental reports, and reports and/or plans provided by the city.  Acquisition of a County of Los Angeles Environmental Health Department permit for drilling deeper than 10 feet below the ground surface.
 Obtain an encroachment and/or right-of-entry permit for performing our subsurface exploration, if required by the City.
 Performance of a geotechnical site reconnaissance to observe the general site conditions and to mark proposed boring locations for utility clearance by Underground Service Alert and the City.  Subsurface exploration consisting of drilling, logging, and sampling of fourteen small-diameter hollow-stem auger borings. Two borings will be drilled to a depth of approximately 60 feet and 2 borings will be drilled to a depth of approximately 20 feet in the areas of the new restroom and concession buildings. Three additional borings will be drilled to a depth of approximately 20 in the soccer field areas to evaluate the soil conditions for new field lighting, and 4 borings will be drilled to depths of 3-5 feet in the proposed parking areas.
 Five additional bores will be drilled in the proposed detention basin area. This will include four borings up to approximately 35 feet for percolation testing and one boring to a depth of approximately 45 feet to evaluate the soils through which the stormwater will infiltrate. The borings will be drilled to the planned depths, or refusal, whichever is shallower. The borings will be logged by a representative from our firm. Bulk and relatively undisturbed samples will be collected from the bores for laboratory testing. The borings will be backfilled with grout in accordance with Los Angeles County requirements and excess auger cuttings will be spread on-site.

11.a
Packet Pg. 279
Attachment: RFQ - Eco Friendly Community Soccer Park.1.24.2024 (4484 : Contract Award - eCorp) City Of Colton
Request For Qualifications & Tasks Fees
For Environmental Consulting Services

Master Planned 45 Acre Dedicated Habitat Conservation Area With 21 Acre Eco-Friendly Community Soccer Park

RFQ - Scope of Work Page 18 of 22
 To facilitate the stormwater percolation testing, a temp orary well will be installed in the 15-foot- deep bore consisting of a 2-inch-diameter perforated polyvinyl- chloride (PVC) pipe surroun ded by pea gravel. The percolation testing will be performed in general accordance with the “boring method” presented in the County of Los Angeles Guidelines for Geotechnical Investigation and Reporting Low Impact Development Stormwater Infiltration.
 Laboratory testing of representative soil samples. The laboratory tests should include evaluation of in-situ moisture and density, gradation, Atterberg limits, dire ct shear strength, consolidation, R- value, and soil corrosivity, as appropriate.
 Data compilation and geotechnical en gineering analyses of the inform ation obtained from the background review, subsurface evaluation, and laboratory testing. The engineering analyses will include:
o Suitability of the site for the proposed construction from a geotechnical perspective. o Anticipated soil and geologic conditions and potential geologic hazards at the site. o Evaluation of the site seismicity and geologic hazards that may impact the Project improvements. o 2019 California Building Code seismic design coeffici ents will be presented. Seismic hazards to be evaluated will include the potential for fault rupture and soil liquefaction. o Evaluation of the depth to groundwa ter and potential impacts to the Project based on our exploratory borings and readily available groundwater data. Recommendations for dewatering will be provided, as appropriate.
o Evaluation of infiltration rates and suitability of the on-site soils for the proposed stormwater infiltration. o Temporary stability of trench excavations and shoring design criteria, including lateral earth pressures. o Evaluation of settlement potential for structures based on the proposed foundation loading and appropriate site preparation, including remedial excavation and re-compaction. o Fill material and compaction requirements, including structure pad pr eparation, suitability of on-site soils for structural fill, wall backfill, pipe bedding and trench backfill. o Foundation engineering for new structures, including allowable bearing capacities, lateral earth loads, and estimated total and differential settlement. Foundat ion recommendations will be provided for spread footings, mat foundations, and pile foundations, as appropriate. o Geotechnical constructability issues and protection of existing facilities. o Structural pavement design for parking lots, site access roads/drive isles, concrete hardscape, and trails. o Evaluation of the corrosion potential of on-site soils.  Preparation of a draft Geotechnical Evaluation Report for the Project. The report w ill present the results of our field exploration, percolation test ing for stormwater infiltration, laboratory testing, and our conclusions regarding the soil, geologic, and groundwater conditions at the site. The geotechnical evaluation report will present our recommendations for the design and construction of the Project improvements.  Following receipt of review comments, the consultant w ill prepare a final geotechnical evaluation report that incorporates revisions based on comments receiv ed. The consultant will review and respond to one round of review comments.

Task 5 Deliverables:
 Draft and Final versions of the Geotechnical Evaluation Report submitted electronically.

11.a
Packet Pg. 280
Attachment: RFQ - Eco Friendly Community Soccer Park.1.24.2024 (4484 : Contract Award - eCorp) City Of Colton
Request For Qualifications & Tasks Fees
For Environmental Consulting Services
Master Planned 45 Acre Dedicated Habitat Conservation Area With 21 Acre Eco-Friendly Community Soccer Park
RFQ - Scope
of Work Page 19 of 22
TASK 6 – CEQA STUDY AND MITIGATED NEGATIVE DECLARATION (IS/MND) According to Section 15162 of the State CEQA Guidelines a new CEQA document must be prepared for a project with an adopted IS/MND when “(1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the projec t is undertaken which will require major revisions of the previous EIR or Negative Declaration due to the involv ement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted, shows any of the following: (A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration; (B) Significant effects previously examined will be substantially more severe than shown in the previous EIR; C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR woul d substantially reduce one or more si gnificant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.” Preparation of a new CEQA document is appropriate because of the additional 24 acres of dedicated habitat

park and major revisions to the approach to construction of the 21 acre sports field. The new CEQA document must address air quality and greenhouse gas emissions, biolog ical resources, cultural resources, geology and soils, hazards and hazardous materials, hy drology and water quality, and Tribal consultation sections using updated technical studies identified above and additional analysis to be included with the new CEQA IS/MND.

Subtask 6A
CEQA Administrative Draft IS/MND
Using the updated Project-specific inform ation provided by the city (e.g., si te plan, grading plan, etc.), updated and new technical reports prepared for the Project as described above, the adopted 2019 IS/MND (Psomas 2019), and other reference material (e.g., literature revi ews and records searches), the consultant will complete the new CEQA IS checklist using the ci ty-approved format. The consultant will prepare an updated description of the Project including the location of the Project area (including a Project map), a brief description of the environmental setting; an identification of environmenta l effects using the above-referenced checklist format, a brief substantiation of the checklist en tries, and a list of references and preparers. The consultant will provide mitigation measures that can be developed using existin g data. A site visit with the Project Team by an Environmental Planner will be required. The site-specific analyses prepared for the Project (described above) will identify the potential for significant impacts and will identify mitigation measures.

The city will conduct AB 52 Native American consultation and will provide the results of that consultation to the consultant fo
r inclusion in the new IS/MND. Should the City require assistance with AB 52 consultation, the consultant can provide that service for a separate scope and fee.

The new Administrative Draft IS/MND will include the Projec t Description, Project Location, identific ation of the Project Proponent, a list of the mitiga tion measures, and the proposed find ing of no significant effect after mitigation. After review and receipt of comments from th e city, a revised Administrative Draft IS/MND will be prepared for submittal to the city. After receipt of one (1) set of integrated comments on the Administrative Draft IS/MND from the City, the consultant will revise the Administrative Draft IS/MND accordingly.

11.a
Packet Pg. 281
Attachment: RFQ - Eco Friendly Community Soccer Park.1.24.2024 (4484 : Contract Award - eCorp) City Of Colton
Request For Qualifications & Tasks Fees
For Environmental Consulting Services
Master Planned 45 Acre Dedicated Habitat Conservation Area With 21 Acre Eco-Friendly Community Soccer Park
RFQ - Scope
of Work Page 20 of 22
Subtask 6A Deliverables:
 An electronic copy of the Project Description
 An electronic copy of the Administrative Draft IS/MND will be submitted to the city via email for review and comment.

Subtask 6B
Prepare Draft IS/MND
After receipt of integrated comments on the Subsequent Administrative Draft IS/MND from the City, the consultant will revise the IS/MND accordingly. The consultant will provide five (5) bound copies and one (1) electronic copy of the environmental document to the City for internal use. The consultant will prepare the necessary Summary Form for Electronic Document Submittal for electronic submittal to the State Clearinghouse. The mailing list will be provided by the city. The consultant will prepare up to twenty (20) copies (on compact disc or thumb drive) of the document and provide them to the City for distribution to addresses on the mailing list. The consultant will prepare the following notices as required by CEQA:
 Notice of Intent (NOI) to Adopt a Mitigated Negative Declaration  Notice of Completion (State Clearinghouse Cover).

It is assumed that one copy of each of these notices will be filed with the San Bernardino County Clerk and the State Clearinghouse, as appropriate, by the city. One electronic copy of each notice will be provided to the city.

The NOI is required by CEQA to be either posted on-site, mailed to the surrounding property owners, or published in a newspaper of general circulation. The city will arrange for the NOI to be published in a newspaper of general circulation. Document distribution, filing with the County Clerk and State Clearinghouse, and publishing of the notices in a newspaper of general circulation is assumed to be done by the city; however, the consultant should be able to provide these services for an additional fee.

Subtask 6B Deliverables:
 Five (5) bound copies and one (1) electronic copy of the Draft IS/MND for city use  Twenty (20) copies of the Subsequent Draft IS/MND to mailing list (on compact disc or thumb drive)  One Summary Form for Electronic Document Submittal for uploading to the State Clearinghouse  Notice of Intent and Notice of Completion
Subtask 6C
Final IS/MND and Mitigation Monitoring and Reporting Program The Lead Agency (City) must consider any comments receiv ed on the IS/MND when making a decision on the Proposed Project. For costing purposes, we have assumed that ten (10) comment letters containing five (5) comments each will be received (or a total of 50 comments). The consultant will collate all public comments and comment letters regarding the IS/MND and prepare written responses to comments for inclusion in the Final IS/MND. It is assumed that City staff will receive all public and agency comments an d will forward them to the consultant as soon as possible after receipt.

The Final IS/MND will include response s to comments received on the Draft IS/MND, any changes to the Draft IS/MND, and the Mitigation Monitoring and Reporting Program (MMRP, if required), prepared in accordance with CEQA Guidelines Section 15097. The consultant will prepare the MMRP in table format, with input from the City. A Administrative Final IS/MND and MMRP will be prepared, and after review by the City, the Final IS/MND and MMRP will be provided.

11.a
Packet Pg. 282
Attachment: RFQ - Eco Friendly Community Soccer Park.1.24.2024 (4484 : Contract Award - eCorp) City Of Colton
Request For Qualifications & Tasks Fees
For Environmental Consulting Services
Master Planned 45 Acre Dedicated Habitat Conservation Area With 21 Acre Eco-Friendly Community Soccer Park
RFQ - Scope
of Work Page 21 of 22
The consultant will prepar
e the following notice as required by CEQA:
 Notice of Determination (NOD)
It is assumed that a copy of the NOD will be file d with the San Bernardino County Clerk and the State Clearinghouse, as appropriate, within five business days of adoption the IS/M ND by the city. An electronic copy of the NOD will be provided to the city. The city will pay any fees associated with this notice.

Subtask 6C Deliverables:
 Electronic submittal of the Administrative Final IS/ MND and MMRP  Five (5) bound hardcopies with and one (1) electronic copy of the Final IS/ MND for city use  Notice of Determination (NOD)

11.a
Packet Pg. 283
Attachment: RFQ - Eco Friendly Community Soccer Park.1.24.2024 (4484 : Contract Award - eCorp) City Of Colton
Request For Qualifications & Tasks Fees
For Environmental Consulting Services
Master Planned 45 Acre Dedicated Habitat Conservation Area With 21 Acre Eco-Friendly Community Soccer Park
RFQ - Scope
of Work Page 22 of 22
TASK 7 – MEETINGS AND PROJECT COORDINATION
Subtask 7A
M
eetings and Coordination
Consultant’s Project Manager will disseminate Project information to the technical team and coordinate technical study preparation with the team and city. Meetings with the city and project team vi a telephone (or virtual via Zoom or Teams) to report progress or resolve issues will be held as needed throughout the technical study phase and CEQA document preparation phase.

Additionally, this task has been included to provide guidance and on-call support for the Project team. Under this task, specialists in the tasks described above will be available on an as-need ed basis to meet with the Project team, local agencies, and regulatory agencies on issues pe rtaining to the Proposed Project. This task includes meetings that will be necessary during the Project planning and design process, including multiple meetings with the regulatory agencies and time for any necessary coordination with agency personnel as necessary to support these meetings. Up to 200 hours of time for senior staff should be included in this task.

Subtask 7B
Guyaux Landfill Project Management/Coordination, Meetings, and Site Visit This task is anticipated to include Project management, meetings/teleconferences, coordination with regulatory agency staff and other parties directly related to the Guyaux Landfill activities. There will be an initial Project “kick off” meeting with regulatory agency and other Project staff (Lead Engineering consultant, City of Colton, etc.) to confirm that the proposed scope of work as indicated in this proposal is consistent with the environmental requirements for the construction of the planned soccer park and dedicated habitat park, particularly because this scope of work differs from the Mitigati on Measures indicated in the original IS/MND (Psomas 2019). A site visit with applicable staff is required, likely at the time of the “kick off” meeting. The level of effort related to agency interaction for the Project is not known at this time and therefore a certain amount of time needs to be assumed for the purposes of this scope of work. Time for the consultants Project Manager should be included in this task to attend any meetings related to the Guyaux Landfill activities.

Task 7 Deliverables:
 None.

11.a
Packet Pg. 284
Attachment: RFQ - Eco Friendly Community Soccer Park.1.24.2024 (4484 : Contract Award - eCorp)

(BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-1

CITY OF COLTON

PROFESSIONAL SERVICES AGREEMENT

1. P ARTIES AND DATE.

This Agreement is made and entered into this _____ day of _____ ___, 20___, by and between the City of Colton, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 650 North L a Cadena Drive, Colton, California 92324 ("City") and [INSERT NAME OF COMPANY], a [INSERT TYPE OF BUSINESS; I.E.,

CORPORATION (INCLUDE STATE OF INCORPORATION), LIMITED LIABILITY COMPANY, SOLE PROPRIETORSHIP, ETC.], with its principal place of busines s at [INSERT ADDRESS] ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. R ECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional consulting services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in pro viding [***INSERT TYPE***] services to public clients, is licensed in the State of Califor nia, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render such professional [ ***INSERT TYPE***] consulting services for the [***INSERT NAME OF PROJECT, AND CON TRACT NUMBER, IF APPLICABLE***] project ("Project") as set forth in this Agreement.

3. T ERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agree s to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional [***I NSERT TYPE***] consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by referenc e. All Services shall be subject to, and performed in accordance with, this Agreement, the exhib its attached hereto and incorporated herein by reference, and all applicable local, sta te and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from March 1, 2024 – June 30, 2025, unless earlier terminated as provided herein. The City s hall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than three additional one- year terms.***] Consultant shall complete the Services within t he term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

11.a
Packet Pg. 285
Attachment: RFQ - Eco Friendly Community Soccer Park.1.24.2024 (4484 : Contract Award - eCorp)

(BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-2

3.2 Responsibilities of Consultant.

3.2.1 Independent Contractor; Control and Payment of Subordinat e s . T h e Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject t o the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.

Consultant retains the right to perform similar or different se rvices for others during the term of this Agreement. Any additional personnel performing the Servic es under this Agreement on behalf of Consultant shall also not be employees of City and sh all at all times be under Consultant's exclusive direction and control. Neither City, no r any of its officials, officers, directors, employees or agents shall have control over the cond uct of Consultant or any of Consultant's officers, employees, or agents, except as set fort h in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such perso nnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unem ployment insurance, disability insurance, and workers' compensation insurance.

3.2.2 Schedule of Services. Consultant shall perform the Servi ces expeditiously, within the term of this Agreement, and in accordance with the S chedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by referenc e. Consultant represents that it has the professional and technical personnel required to perfor m the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon re quest of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.3 Conformance to Applicable Requirements. All work prepare d by Consultant shall be subject to the approval of City.

3.2.4 Substitution of Key Personnel. Consultant has represente d to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant ma y substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shal l be entitled to terminate this Agreement for cause. As discussed below, any personnel who fai l or refuse to perform the Services in a manner acceptable to the City, or who are determi ned by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for p erformance of this Agreement are as follows: [***INSERT NAME AND TITLE***].

3.2.5 City's Representative. The City hereby designates [***IN SERT NAME AND TITLE***], or his/her designee, to act as its representativ e in all matters pertaining to the administration and performance of t his Agreement ("City's Repre sentative"). City's Representative shall have the power to act on behalf of the Cit y for review and approval of all products submitted by Consultant but not the authority to enlar ge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

11.a
Packet Pg. 286
Attachment: RFQ - Eco Friendly Community Soccer Park.1.24.2024 (4484 : Contract Award - eCorp)

(BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-3

3.2.6 Consultant's Representative. Consultant hereby designate s [***INSERT NAME AND TITLE***], or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purpos es under this Agreement. The Consultant's Representative shall supervise and direct the Serv ices, using his/her best skill and attention, and shall be responsible for all means, methods, tec hniques, sequences, and procedures and for the satisfactory coordination of all portion s of the Services under this Agreement.

3.2.7 Coordination of Services. Consultant agrees to work clos ely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.

3.2.8 Standard of Care; Performance of Employees. Consultant s hall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is ski lled in the professional calling necessary to perform the Services. Consultant warrants that al l employees and subconsultants shall have sufficient skill and experience to perform the Servi ces assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement.

As provided for in the indemnification provisions of this Agree ment, Consultant shall perform, at its own cost and expense and without reimbursement from the Cit y, any services necessary to correct errors or omissions which are caused by the Consultant' s failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a t hreat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.9 Period of Performance. Consultant shall perform and compl ete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”).

Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached he reto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementione d Performance Time and/or pursuant to any such Project Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.

3.2.10 Laws and Regulations; Employee/Labor Certification. Con sultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Proj ect or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

11.a
Packet Pg. 287
Attachment: RFQ - Eco Friendly Community Soccer Park.1.24.2024 (4484 : Contract Award - eCorp)

(BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-4

3.2.10.1 Employment Eligibility; Consultant. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amend ed from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Consultant.

Consultant also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agree ment, and shall not violate any such law at any time during the term of the Agreement. Consult ant shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization progr am operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Consultant shall maintain records of each such verification, and shall make them available to the City or its representatives fo r inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Consultant’s compliance with the requirements provided for in Section 3.2.10 or any of its sub- sections.

3.2.10.2 Employment Eligibility; Subcontractors, Consultants, S ub- subcontractors and Subconsultants. To the same extent and unde r the same conditions as Consultant, Consultant shall require all of its subcontractors, consultants, sub-subcontractors and subconsultants performing any work relating to the Project or t his Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1.

3.2.10.3 Employment Eligibility; Failure to Comply. Each perso n executing this Agreement on behalf of Consultant verifies that they are a duly authorized officer of Consultant, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Consultant or its subco ntractors, consultants, sub- subcontractors or subconsultants to meet any of the requirement s provided for in Sections

3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omi ssion concerning compliance with such requirements (including in those verifications provided to the Consultant under Section

3.2.10.2); or (3) failure to immediately remove from the Projec t any person found not to be in compliance with such requirements.

3.2.10.4 Equal Opportunity Employment. Consultant represents t hat it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, n ational origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant pr ovisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related pr ograms or guidelines currently in effect or hereinafter enacted.

3.2.10.5 Air Quality. To the extent applicable, Consultant mus t fully comply with all applicable laws, rules and regulations in furni shing or using equipment and/or providing services, including, but not limited to, emissions li mits and permitting requirements imposed by the South Coast Air Quality Management District (SCA QMD) and/or California Air Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are more broad, Consultant shall specifically be aware of their applicat ion to "portable equipment", which definition is considered by SCAQMD and CARB to include any item of equipment with a fuel-

11.a
Packet Pg. 288
Attachment: RFQ - Eco Friendly Community Soccer Park.1.24.2024 (4484 : Contract Award - eCorp)

(BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-5

powered engine. Consultant shall indemnify City against any fi nes or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency fo r violations of applicable laws, rules and/or regulations by Consultant, its sub-consultan ts, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.

3.2.10.6 Safety. Consultant shall execute and maintain its wor k so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the wo rk is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawf ully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.2.11 Insurance.

Time for Compliance. Consultant shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this Section.

3.2.11.2 Minimum Requirements. Consultant shall, at its expens e, procure and maintain for the duration of the Agreement insuranc e against claims for injuries to persons or damages to property which may arise from or in conne ction with the performance of the Agreement by the Consultant, its agents, representatives, e mployees or subconsultants.

Consultant shall also require all of its subconsultants to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001) ; (2) Automobile Liability :

Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 MINIMUM per occurrence for bodily injury, personal injury and property damage. If Commercial General Lia bility Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/locati on or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 MINIMUM; per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s

11.a
Packet Pg. 289
Attachment: RFQ - Eco Friendly Community Soccer Park.1.24.2024 (4484 : Contract Award - eCorp)

(BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-6

Liability: Workers’ Compensation limits as required by the Labor Code of the State of California.

Employer’s Liability limits of $1,000,000 MINIMUM per accident for bodily injury or disease.

Defense costs shall be paid in addition to the limits.
(C) Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evide nce of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required un der this Agreement does not comply with these specifications or is canceled and not replace d, the City has the right but not the duty to obtain the insurance it deems necessary and any pre mium paid by the City will be promptly reimbursed by Consultant or the City may withhold amou nts sufficient to pay premium from Consultant payments. In the alternative, the City may suspend or terminate this Agreement.

3.2.11.3 Professional Liability. Consultant shall procure and maintain, and require its sub-consultants to procure and mainta in, for a period of five (5) years following completion of the Project, errors and omissions liabi lity insurance appropriate to their profession. Such insurance shall be in an amount not less than $1,000,000 MINIMUM; per claim, and shall be endorsed to include contractual liability. Defens e costs shall be paid in addition to the limits.

3.2.11.4 Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide e ndorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall incl ude or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of Colton, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured w ith respect to the Services or ongoing and completed operations performed by or on behalf of t he Consultant, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage exce ss of the Consultant’s scheduled underlying coverage. Any excess insurance shall contain a prov ision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City’s own primary insurance or self-insurance shall be called upon to pro tect it as a named insured. Any insurance or self-insurance maintained by the City, its directo rs, officials, officers, employees, agents, and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section

3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.4(A).
(B) Automobile Liability. The automobile liability policy shal l include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additiona l insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is re sponsible; and (2) the insurance

11.a
Packet Pg. 290
Attachment: RFQ - Eco Friendly Community Soccer Park.1.24.2024 (4484 : Contract Award - eCorp)

(BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-7

coverage shall be primary insurance as respects the City, its d irectors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way.

Notwithstanding the minimum limits set forth in Section 3.2.11. 2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.4(B). (C) Workers’ Compensation and Employer’s Liability Coverage.

The insurer shall agree to waive all rights of subrogation agai nst the City, its directors, officials, officers, employees, agents, and volunteers for losses paid und er the terms of the insurance policy which arise from work performed by the Consultant. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers.

Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds.

3.2.11.5 Separation of Insureds; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers.

All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insu reds, or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant here by waives its own right of recovery against City, its officials, officers, employees, agents, and v olunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

3.2.11.6 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Consultant shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, it s directors, officials, officers, employees, agents, and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses.

3.2.11.7 Subconsultant Insurance Requirements. Consultant sha ll not allow any subconsultants to commence work on any subcontrac t relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Con sultant, the City may approve different scopes or minimum limits of insurance for particular subconsultants. The Consultant and the City shall be named as additional insureds on all subconsul tants’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad.

11.a
Packet Pg. 291
Attachment: RFQ - Eco Friendly Community Soccer Park.1.24.2024 (4484 : Contract Award - eCorp)

(BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-8

3.2.11.8 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and satisfactory to the City.

3.2.11.9 Verification of Coverage. Consultant shall furnish Ci ty with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endors ements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reser ves the right to require complete, certified copies of all required insurance policies, at any time.

3.2.11.10 Reporting of Claims. Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.

3.2.12 Water Quality Management and Compliance.

3.2.12.1 Storm Water Management. Storm, surface, nuisance, or other waters may be encountered at various times during the Services. Consultant hereby acknowledges that it has investigated the risk arising from such waters, and assumes any and all risks and liabilities arising therefrom.

3.2.12.2 Compliance with Water Quality Laws, Ordinances and Regulations. Consultant shall keep itself and all subcontracto rs, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services inc luding, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges.

3.2.12.3 Standard of Care. Consultant warrants that all employ ees and subcontractors shall have sufficient skill and experience to pe rform the work assigned to them without impacting water quality in violation of the laws, regul ations and policies described in Section 3.2.12.2 of this Agreement. Consultant further warrant s that it, its employees and subcontractors have or will receive adequate training, as determined by the City, regarding these requirements as they may relate to the Services.

3.2.12.4 Liability for Non-compliance.
(A) Indemnity: Failure to comply with laws, regulations, and ordinances listed in Section 3.2.14.2 of this Agreement is a vi olation of federal and state law.

Notwithstanding any other indemnity contained in this Agreement, Consultant agrees to indemnify and hold harmless the City, its officials, officers, agents, em ployees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in

11.a
Packet Pg. 292
Attachment: RFQ - Eco Friendly Community Soccer Park.1.24.2024 (4484 : Contract Award - eCorp)

(BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-9

connection with the Services, except for liability resulting fr om the sole established negligence, willful misconduct or active negligence of the City, its offici als, officers, agents, employees or authorized volunteers.
(B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Consultant’s failure to comply with any applicable water quality law, regulation, or policy. Consultant hereby ag rees to be bound by, and to reimburse the City for the costs associated with, any settlemen t reached between the City and the relevant enforcement entity.
(C) Damages: City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in Section 3.2.12.2 of this Agreement, or any other relevant water quality law, regulation, or policy.

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, inc luding authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed [***INSERT AMOUNT WRITTEN OUT***] ($[***INSERT NUMBER***] ) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at t he rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services re ndered by Consultant. The invoice shall describe the amount of Services provided since th e initial commencement date, or since the start of the subsequent billing periods, as appropria te, through the date of the invoice.

City shall, within 30 days of receiving such invoice, review th e invoice and pay all non-disputed and approved charges thereon. If the City disputes any of Cons ultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.

3.3.3 Reimbursement for Expenses. Consultant shall not be reim bursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.

3.3.4 Extra Work. At any time during the term of this Agreemen t, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Wor k without written authorization from the City.

3.3.5 Rate Increases. In the event that this Agreement is rene wed pursuant to Section 3.1.2, the rate set forth in Exhibit “C” may be adjuste d each year at the time of renewal as set forth in Exhibit “C.”

3.4 Labor Code Requirements.

3.4.1 Prevailing Wages. Consultant is aware of the requirement s of California

11.a
Packet Pg. 293
Attachment: RFQ - Eco Friendly Community Soccer Park.1.24.2024 (4484 : Contract Award - eCorp)

(BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-10

Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an ap plicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Pre vailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per d iem wages in effect at the commencement of this Agreement. Consultant shall make copies o f the prevailing rates of per diem wages for each craft, classification or type of worker nee ded to execute the Services available to interested parties upon request, and shall post co pies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply wi th such Labor Code sections to the fullest extent required by law. Consultant shall defend, i ndemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.4.2 Registration/DIR Compliance. If the Services are being p erformed on a public works project of over $25,000 when the project is for co nstruction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registere d with the Department of Industrial Relations (“DIR”). Consultant shall maintain regist ration for the duration of the project and require the same of any subconsultants. This project may a lso be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the Dep artment of Industrial Relations against Consultant or any subconsultant that affect Consultant’ s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arisin g out of stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant.

3.4.3 Labor Certification. By its signature hereunder, Consult ant certifies that it is aware of the provisions of Section 3700 of the California La bor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.5 Accounting Records.

3.5.1 Maintenance and Inspection. Consultant shall maintain co mplete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copie s of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

11.a
Packet Pg. 294
Attachment: RFQ - Eco Friendly Community Soccer Park.1.24.2024 (4484 : Contract Award - eCorp)

(BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-11

3.6 General Provisions.

3.6.1 Termination of Agreement.

3.6.1.1 Grounds for Termination. City may, by written notice t o Consultant, terminate the whole or any part of this Agreement a t any time and without cause by giving written notice to Consultant of such termination, and sp ecifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consu ltant may not terminate this Agreement except for cause.

3.6.1.2 Effect of Termination. If this Agreement is terminated a s provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

3.6.1.3 Additional Services. In the event this Agreement is te rminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.6.2 Delivery of Notices. All notices permitted or required u nder this Agreement shall be given to the respective parties at the following addre ss, or at such other address as the respective parties may provide in writing for this purpose:

Consultant: [INSERT BUSINESS NAME]
[INSERT STREET ADDRESS]
[INSERT CITY STATE ZIP]
ATTN: [INSERT NAME AND TITLE]
City: City of Colton
650 North La Cadena Drive
Colton, CA 92324
ATTN: [INSERT NAME AND TITLE]
Such notice shall be deemed made when personally delivered or w hen mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prep aid and addressed to the party at its applicable address. Actual notice shall be deemed adequate not ice on the date actual notice occurred, regardless of the method of service.

3.6.3 Ownership of Materials and Confidentiality.

3.6.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellect ual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to , physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in wh ole or in substantial part by

11.a
Packet Pg. 295
Attachment: RFQ - Eco Friendly Community Soccer Park.1.24.2024 (4484 : Contract Award - eCorp)

(BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-12

Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of docum ent reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any su ch documents pending resolution of the dispute. In addition, Consultant shall retain copies of al l Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs . Before destroying the Documents & Data following this retention period, Consultant sh all make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

3.6.3.2 Subconsultants. Consultant shall require all subconsul tants to agree in writing that City is granted a non-exclusive and perpe tual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.

3.6.3.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purp oses intended by this Agreement or on a project other than this Project without employing the s ervices of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees fr om claims arising out of the negligent use or re-use of the Documents & Data on such other p roject. Consultant shall be responsible and liable for its Documents & Data, pursuant to th e terms of this Agreement, only with respect to the condition of the Documents & Data at the ti me they are provided to the City upon completion, suspension, abandonment or termination. Consu ltant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.

3.6.3.4 Indemnification. Consultant shall defend, indemnify an d hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.

3.6.3.5 Confidentiality. All ideas, memoranda, specifications, p l a n s , procedures, drawings, descriptions, computer program data, inpu t record data, written information, and other Documents & Data either created by or pr ovided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to

11.a
Packet Pg. 296
Attachment: RFQ - Eco Friendly Community Soccer Park.1.24.2024 (4484 : Contract Award - eCorp)

(BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-13

any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confident ial. Consultant shall not use City's name or insignia, photographs of the Project, or any pub licity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3.6.3.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information" ) unless the City's legal counsel determines that the release of the Proprietary Information is r equired by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.

Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Propr ietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information . City shall not release the Proprietary Information after receipt of the Objection Notice u nless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and n on-appealable order by a court of competent jurisdiction requires that City release such information.

3.6.4 Cooperation; Further Acts. The Parties shall fully coope rate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.6.5 Indemnification.

3.6.5.1 To the fullest extent permitted by law, Consultant shal l defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claim s, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out o f, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subconsultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any , received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

3.6.5.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design pr ofessional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to t he negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

3.6.6 Entire Agreement. This Agreement contains the entire Agr eement of the parties with respect to the subject matter hereof, and supersed es all prior negotiations,

11.a
Packet Pg. 297
Attachment: RFQ - Eco Friendly Community Soccer Park.1.24.2024 (4484 : Contract Award - eCorp)

(BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-14

understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

3.6.7 Governing Law; Government Code Claim Compliance. This Ag reement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County.

In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims a nd/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Govern ment Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no suc h Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.

3.6.8 Time of Essence. Time is of the essence for each and eve ry provision of this Agreement.

3.6.9 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

3.6.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.6.11 Assignment or Transfer. Consultant shall not assign, hy pothecate, or transfer, either directly or by operation of law, this Agreemen t or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.6.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the la nguage of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deeme d calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or descri be the scope, content, or intent of this Agreement.

3.6.13 Amendment; Modification. No supplement, modification, o r amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.6.14 Waiver. No waiver of any default shall constitute a wai ver of any other default or breach, whether of the same or other covenant or con dition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

3.6.15 No Third-Party Beneficiaries. There are no intended thi rd party beneficiaries of any right or obligation assumed by the Parties.

11.a
Packet Pg. 298
Attachment: RFQ - Eco Friendly Community Soccer Park.1.24.2024 (4484 : Contract Award - eCorp)

(BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-15

3.6.16 Invalidity; Severability. If any portion of this Agreem ent is declared invalid, illegal, or otherwise unenforceable by a court of competent jur isdiction, the remaining provisions shall continue in full force and effect.

3.6.17 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this A greement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, n o member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.6.18 Authority to Enter Agreement. Consultant has all requis ite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement ha ve the legal power, right, and authority to make this Agreement and bind each respective Party.

3.6.19 Counterparts. This Agreement may be signed in counterpa rts, each of which shall constitute an original.

3.7 Subcontracting.

3.7.1 Prior Approval Required. Consultant shall not subcontrac t any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provis ion making them subject to all provisions stipulated in this Agreement.
[SIGNATURES ON NEXT PAGE]

11.a
Packet Pg. 299
Attachment: RFQ - Eco Friendly Community Soccer Park.1.24.2024 (4484 : Contract Award - eCorp)

(BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-16

SIGNATURE PAGE TO

PROFESSIONAL SERVICES AGREEMENT BY AND
BETWEEN THE CITY OF C OLTON AND [***INSERT
NAME***]

C I T Y O F C O L T O N [ * I N S E R T N A M E O F C O N S U L T A N T * ] [ * I N S E R T N A M E O F L E G A L E N T I T Y * ]

By: ____________________________ By: ________________________ _ [***INSERT NAME***] [ ***INSERT NAME***]
[***INSERT TITLE***] [ ***INSERT TITLE***]

Attest:

____ By: _______________ __________
C i t y C l e r k [ ***INSERT NAME***]
[ ***INSERT TITLE***]

11.a
Packet Pg. 300
Attachment: RFQ - Eco Friendly Community Soccer Park.1.24.2024 (4484 : Contract Award - eCorp)

(BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-17

EXHIBIT "A"

SCOPE OF SERVICES
[***INSERT SCOPE]

11.a
Packet Pg. 301
Attachment: RFQ - Eco Friendly Community Soccer Park.1.24.2024 (4484 : Contract Award - eCorp)

(BB&K 2018)
23152.06000\30453088.2 Exhibit “B”-1

EXHIBIT "B"

SCHEDULE OF SERVICES
[INSERT SCHEDULE]

11.a
Packet Pg. 302
Attachment: RFQ - Eco Friendly Community Soccer Park.1.24.2024 (4484 : Contract Award - eCorp)

(BB&K 2018)
23152.06000\30453088.2 Exhibit “C”-1

EXHIBIT "C"

COMPENSATION
[INSERT RATES & AUTHORIZED REIMBURSABLE EXPENSES]
[INSERT THE FOLLOWING PROVISION IF THE AGREEMENT WILL AUTOMATIC ALLY RENEW: In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Los A ngeles-Riverside-Orange Counties.]

11.a
Packet Pg. 303
Attachment: RFQ - Eco Friendly Community Soccer Park.1.24.2024 (4484 : Contract Award - eCorp) EXHIBIT “B”

INSURANCE REQUIREMENTS

EXHIBIT “B”

CITY OF COLTON

INSURANCE REQUIREMENTS

FOR CONSULTANTS

Consultant shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has se cured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section.

Minimum Requirements . Consultant shall, at its expense, procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder by the Consultant, its agents, r epresentatives, employees or subcontractors. Consultant shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Contract. Such insurance shall meet at lea st the following minimum levels of coverage:

Minimum Scope of Insurance . Coverage shall be at least as broad as the latest version of the following: (1) General Liability:

Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); (3) Workers’ Compensation and Employers’ Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.

Minimum Limit s of Insurance . Consultant shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general a ggregate limit is used, either the general aggregate limit shall apply separately to this Contract/location or the general aggregate limit s hall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property dama ge; (3) Workers’ Compensation and Employer’s Liability: Workers’ compensation limits as required by the Labor Code of the State of California. Employers’ Liability limits of $1,000,000 per accident for bodily injury or disease

Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:

General Liability . (1) The City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the Work or operations performed by or on behalf of the Contractor, including materials, parts or eq uipment furnished in connection with such work ; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of t he Consultant’s scheduled underlying coverage. Any insurance or self -insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute wit h it.

Automobile Liability. (1) The City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbr oken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any insurance or self -insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it.

Workers’ Compensation and Employers Liability Coverage . The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents and volunteers for losses p aid under the terms of the insurance policy which arise from work performed by the consultant.

All Coverages. Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranti es, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents and volunteers.

Separation of Insureds; No Special Limitations . All insurance required by this Section shall contain standard separation of insureds provisions. In a ddition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents and volunteers.

11.a
Packet Pg. 304
Attachment: RFQ - Eco Friendly Community Soccer Park.1.24.2024 (4484 : Contract Award - eCorp) EXHIBIT “B”

INSURANCE REQUIREMENTS

Professional Liability Insurance . All architects, engineers, consultan ts or design professionals shall also procure and maintain, for a period of five (5) years following completion of the Contract, errors and omissions liability insurance with a limit of not l ess than $1,000,000 per occurrence. This insurance shall name th e City, its directors, officials, officers, employees, agents and volunteers as additional and insureds with respect to Work performed, and shall otherwise comply with all requirements of this Section.

Deductibles and Self-Insurance Retentions. Any deduc tibles or self-insured retentions must be declared to and approved by the City.

Consultant shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductible s or self - insured retentions as respects the City, its directors, officials, officers, employees, agents and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses .

Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and satisfactory to the City.

Verification of Coverage . Consultant shall furnish City with original certificates of insura nce and endorsements effecting coverage required by this Contract on forms satisfactory to the City. The certificates and endorsements for each insurance policy sha ll be signed by a person authorized by that insurer to bind coverage on its behalf, and sha ll be on forms supplied or approved by the City.

All certificates and endorsements must be received and approved by the City before work commences. The City reserves the rig ht to require complete, certified copies of all required insurance policies, at any time.

Subcontractors. All subcontractors shall meet the requirements of this Section before commencing Work. In addition, Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsemen ts for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

11.a
Packet Pg. 305
Attachment: RFQ - Eco Friendly Community Soccer Park.1.24.2024 (4484 : Contract Award - eCorp)

ACORD CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YY)
07/01/22

PRODUCER
ABC Insurance Agency
125 Block Ave
Colton, CO 80202

THIS CERTIFICATE ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.

THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE
COVERAGE AFFORDED BY THE POLICIES BELOW.

INSURERS AFFORDING COVERAGE

INSURED
Capital Construction
3 Donut Ave
Englewood, Ca 92220

INSURER A: Worldwide Insurance Co.

INSURER B:

INSURER C:

INSURER D:

INSURER E:

COVERAGES SAMPLE COPY / SAMPLE COPY / SAMPLE COPY THE POLICES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY

REQUIREMENT, TERM

OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE

INSURANCE AFFORDED
BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS

SHOWN MAY
HAVE BEEN REDUCED BY PAID CLAIMS. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement.

A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

INS ADDL SUB

LTR INSRD WVD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE

DATE (MM/DD/YY)

POLICY EXP

DATE (MM/DD/YY) LIMITS
A X X GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000

X COMMERCIAL GENERAL

LIABILITY
ABCX111 7/01/22 6/30/23 Damage to rented premises $ 50,000 CLAIMS MADE Xoccur MED EXP (any 1 person) $ 5,000
___________________ PERSONAL & ADV INJURY $ 2,000,000
GENERAL AGGREGATE $ 2,000,000
GEN’L AGGREGATE LIMIT
APPLIES PER: PRODUCTS – COMP/OP AGG $ 2,000,000

POLICY PROJECT
LOC

A X X AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
(Ea Accident) $ 1,000,000
ANY AUTO MCCX9911 7/01/22 6/30/23

ALL OWNED

AUTOS BODILY INJURY
(per person) $

SCHEDULED
AUTOS

HIRED AUTOS BODILY INJURY
(per accident) $

NON OWNED AUTOS
_________________ PROPERTY DAMAGE
(Per accident) $
_________________
EXCESS LIABILITY EACH OCCURRENCE $

OCCUR CLAIMS
MADE AGGREGATE $
$
DEDUCTIBLE $

RETENTION
$______________ $
A X
WORKER’S COMPENSATION
AND
ABKMX181 7/01/22 6/30/23 X WC Statutory Limits Other
EMPLOYER’S LIABILITY E.L. EACH ACCIDENT $1,000,000
E.L. DISEASE –EA EMPLOYEE $1,000,000
E.L. DISEASE –POLICY LIMIT $1,000,000

A X X
OTHER
Professional
Liability
LOPX442 7/01/22 6/30/23 $1,000,000 per claim
$1,000,000 aggregate
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS:

The City of Colton, its directors, officials, officers, employees, agents and volunteers are named as additionally insured in respects to General Liability and Auto Liability policies per attached endorsements #8675309 & #90210.

General Liability, Auto Liability, & Workers Compensation insurance includes Waiver of Subrogation per attached Endorsements
#12345, #98765, & #45678. General Liability and Auto Liability insurance are deemed primary and certificate holders insurance shall be non-contributory per attached Endorsement #123456 & #76543 °

CERTIFICATE HOLDER CANCELLATION
The City of Colton
650 N. La Cadena Dr
Colton CA 92324

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL XXXXXXXX MAIL 30 DAYS

WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,

XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

MUST HAVE EXECUTED SIGNATURE

AUTHORIZED REPRESENTATIVE

ALFRED JONES

11.a
Packet Pg. 306
Attachment: RFQ - Eco Friendly Community Soccer Park.1.24.2024 (4484 : Contract Award - eCorp)

INSURANCE CERTIFICATE CHECK LIST

1. Are the policy limits met?
- General Liability = $1,000,000 per occurrence, $2,000,000 aggregate

- Auto Liability = $1,000,000

- Workers Compensation = $1,000,000, must meet requirements of the labor code of California

- Professional Liability (on consultant contracts) = $1,000,000

2. Do we have the proper endorsements?
GL and Auto policies need to be Additionally Insured and an endorsement must be provided for each policy with the certificate of insurance. The Acord Certificate needs to have an “X” placed in the additionally insured box next to each of the policy types.

GL and Auto policies –

1. Additional Insured Endorsement naming the City of Colton Additional Insured.
- 2. Primary Non-Contributory Endorsement. The Contractor/Consultants insurance shall be Primary and the City’s insurance (certificate holder’s) insurance shall be Non-Contributory. Must provide the language as well as the endorsement. This applies to all insurance including General Liability Policy and Auto Policy.

Worker Comp., GL and AUTO–

2. Waiver of Subrogation Endorsement in favor of the City of Colton – Certificate needs to have an “X” placed in the Subrogation Waived box next to each of the policy types. Additionally, must provide Waiver of Subrogation Endorsement for all Policies – GL – Auto – Workers Compensation.

Workers Comp. policy needs to include a Waiver of Subrogation and include that endorsement.

*The current City contract for professional services requires that the professional liability insurance policy name the City as additionally insured. This requirement can only be waived if there are no modifications made to the indemnification section in the contract.

3. Policy details.
- The Vendors insurance policies shall be “primary” and the City’s insurance shall be “non-contributory”.

- The GL policy shall be “per occurrence” and the Professional Liability policy shall be a “claims made” policy type and be maintained for an additional 5 years.

- The Auto policy should cover “any auto”.

4. Additional Requirements.
- The description box of the Acord Certificate should include the following verbiage; The City of Colton, its directors, officials, officers, employees, agents and volunteers are named as additionally insured in respects to General Liability and Auto Liability policies per attached endorsements. Workers Compensation insurance includes Waiver of Subrogation. This insurance is deemed primary and certificate holders insurance shall be non-contributory.

11.a
Packet Pg. 307
Attachment: RFQ - Eco Friendly Community Soccer Park.1.24.2024 (4484 : Contract Award - eCorp) Notice
Basic Information

Details
Dates

Contact Information

Buyer Preferences, Guidelines & Requirements
General Requirements

Award Requirements

Bid Submission Process

Reference Number 0000340776
Issuing Organization City of Colton
Owner Organization City of Colton
Solicitation Type RFQ - Request for Qualifications (Formal) Solicitation Number NM - RFQ Community Soccer Park
Title RFQ for Environmental Consulting Services for Eco Friendly Community Soccer Park
Source ID PU.MU.USA.2489014.C14697826
Piggyback Solicitation No
Location San Bernardino County, California
Delivery Point Colton, CA
Description The City of Colton is soliciting proposals with a qualified consultant to serve as the primary project manager for the master planned 45 acre dedicated habitat conservation area with 21 acre eco-friendly community soccer park.

The city is soliciting proposals for qualifications and a professional services fee rate schedule for specific tasks to be performed by an environmental consultant in coordination with our engineering and architectural master plan design consultant to complete the final design and regulatory approval process, which will allow the city to obtain the necessary regulatory permits to implement the project.

Publication 01/25/2024 12:42 PM PST
Question Acceptance Deadline 01/31/2024 05:00 PM PST
Questions are submitted online No
Bid Intent Not Available
Closing Date 02/12/2024 12:00 PM PST
Nicole Mihld
19093705047
[email protected]
City of Colton
Deb Farrar
9093706157
[email protected]
- Insurance Required
- Warranty Information Required
- All or None Award
Bid Submission Type Electronic Bid Submission
Pricing Lump sum
Pricing Lump sum
Bid Documents List
Item Name Description Mandatory Limited to 1 file
Bid Documents Documents defining the proposal No No
NM - RFQ Community Soccer Park - RFQ for Environmental Consulting Services for E...
01/25/2024 12:42 PM PST Page 1 of
5 11.b
Packet Pg. 308
Attachment: Notice Inviting RFQ - Bidnet - RFQ Community Soccer Park - 1-24-24 (4484 : Contract Award - eCorp)

NM - RFQ Community Soccer Park - RFQ for Environmental Consulting Services for E...
01/25/2024 12:42 PM PST Page 2 of
5 11.b
Packet Pg. 309
Attachment: Notice Inviting RFQ - Bidnet - RFQ Community Soccer Park - 1-24-24 (4484 : Contract Award - eCorp) Documents
Documents
Document Size Uploaded Date Language
RFQ - Eco Friendly Community Soccer Park.1.24.2024.pdf [pdf] 2 Mb 01/25/2024 12:37 PM PST English NM - RFQ Community Soccer Park - RFQ for Environmental Consulting Services for E...
01/25/2024 12:42 PM PST Page 3 of
5 11.b
Packet Pg. 310
Attachment: Notice Inviting RFQ - Bidnet - RFQ Community Soccer Park - 1-24-24 (4484 : Contract Award - eCorp) Categories
Selected Categories
This copy of the NIGP Code is the property of the National Institute of Governmental Purchasing, Inc. (NIGP), is displayed and used by BidNet under license from Periscope Holdings, Inc. (the authorized sub-licensor of NIGP), and is protected under the copyright laws of the United States. It may not be copied or used (in whole or part) by any party unless such party is authorized to do so under the terms of a written license agreement entered into with NIGP or its authorized sub-licensors expressly authorizing such party to use the NIGP Code. Unauthorized copying or use is prohibited. Dated: January 2016

NIGP Categories (10)
918 CONSULTING SERVICES
91800 CONSULTING SERVICES
91832 Consulting Services (Not Otherwise Classified)
Consulting Services (Not Otherwise Classified)
91843 Environmental Consulting
Environmental Consulting
91831 Construction Consulting
Construction Consulting
91842 Engineering Consulting
Engineering Consulting
91858 Governmental Consulting
Governmental Consulting
91892 Urban Planning Consulting
Urban Planning Consulting
91815 Architectural Consulting
Architectural Consulting
91827 Community Development Consulting
Community Development Consulting
911 CONSTRUCTION AND UTILITIES, HIGHER EDUCATION
91158 C.I.P., Special Consultants
C.I.P., Special Consultants
NM - RFQ Community Soccer Park - RFQ for Environmental Consulting Services for E...
01/25/2024 12:42 PM PST Page 4 of
5 11.b
Packet Pg. 311
Attachment: Notice Inviting RFQ - Bidnet - RFQ Community Soccer Park - 1-24-24 (4484 : Contract Award - eCorp) Document Request List
Document Request List
Organization Name Main Contact Download Date City Province/State No document has been requested yet.

NM - RFQ Community Soccer Park - RFQ for Environmental Consulting Services for E...
01/25/2024 12:42 PM PST Page 5 of
5 11.b
Packet Pg. 312
Attachment: Notice Inviting RFQ - Bidnet - RFQ Community Soccer Park - 1-24-24 (4484 : Contract Award - eCorp)

11.c
Packet Pg. 313
Attachment: Ecorp Proposal (4484 : Contract Award - eCorp)

11.c
Packet Pg. 314
Attachment: Ecorp Proposal (4484 : Contract Award - eCorp)

11.c
Packet Pg. 315
Attachment: Ecorp Proposal (4484 : Contract Award - eCorp)

11.c
Packet Pg. 316
Attachment: Ecorp Proposal (4484 : Contract Award - eCorp)

11.c
Packet Pg. 317
Attachment: Ecorp Proposal (4484 : Contract Award - eCorp)

11.c
Packet Pg. 318
Attachment: Ecorp Proposal (4484 : Contract Award - eCorp)

11.c
Packet Pg. 319
Attachment: Ecorp Proposal (4484 : Contract Award - eCorp)

11.c
Packet Pg. 320
Attachment: Ecorp Proposal (4484 : Contract Award - eCorp)

11.c
Packet Pg. 321
Attachment: Ecorp Proposal (4484 : Contract Award - eCorp)

11.c
Packet Pg. 322
Attachment: Ecorp Proposal (4484 : Contract Award - eCorp)

11.c
Packet Pg. 323
Attachment: Ecorp Proposal (4484 : Contract Award - eCorp)

11.c
Packet Pg. 324
Attachment: Ecorp Proposal (4484 : Contract Award - eCorp)

11.c
Packet Pg. 325
Attachment: Ecorp Proposal (4484 : Contract Award - eCorp)

11.c
Packet Pg. 326
Attachment: Ecorp Proposal (4484 : Contract Award - eCorp)

11.c
Packet Pg. 327
Attachment: Ecorp Proposal (4484 : Contract Award - eCorp)

11.c
Packet Pg. 328
Attachment: Ecorp Proposal (4484 : Contract Award - eCorp)

11.c
Packet Pg. 329
Attachment: Ecorp Proposal (4484 : Contract Award - eCorp)

11.c
Packet Pg. 330
Attachment: Ecorp Proposal (4484 : Contract Award - eCorp)

11.c
Packet Pg. 331
Attachment: Ecorp Proposal (4484 : Contract Award - eCorp)

11.c
Packet Pg. 332
Attachment: Ecorp Proposal (4484 : Contract Award - eCorp)

ITEM NO. 12

STAFF REPORT

DATE: APRIL 16, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS DIRECTOR
SUBJECT: APPROVE GRANT OF EASEMENT TO RIALTO BIOENERGY
FACILITY AT RIX FACILITY.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Approve the Grant of Easement to the Rialto Bioenergy Facility, LLC for an industrial sewer line to connect with the Inland Empire Brine Line (IEBL) pipeline located at the RIX facility at 1990 Agua Mansa Road in Colton, CA (APN 0260-081-25 and 0260-081- 27) as described in the easement documents.

2. Authorize the City Manager to execute the Grant of Easement for submittal to the County for recordation by San Bernardino Water General Manager on behalf of the RIX JPA.

BACKGROUND

In 2007, Enertech Environmental California, LLC (Enertech) requested a 10 -foot-wide easement, 115 feet in length situated in portions of APNs 0260 -081-25 and 0260- 081-27 at the RIX Facility, owned by the RIX Joint Powers Authority (JPA). The RIX JPA includes both the Cities of Colton and San Bernardino as member agencies. The easement was, and still is, needed for connecting an industrial sewer line with the Inland Empire Brine Line (IEBL), which was formerly referred to as the Santa Ana River Interceptor (SARI) pipeline.

In April 2023, the Santa Ana Watershed Protection Authority (SAWPA), who owns the IEBL, reached out to the Department requesting temporary access to the easement and adjacent area to upsize the existing lateral with the new owner that purchased the Enertech facility, Rialto Bioenergy Facility, LLC (RBF). Staff reviewed the existing easement and discovered it had only been authorized by one of the owners.
12 Packet Pg. 333
Staff Report to the Mayor and City Council
Easement - Rialto Bioenergy Facility, LLC
April 16, 2024

The Department worked closely with the City of San Bernardino Water Department and RBF to develop updated easement documents for execution. Staff and legal counsel have reviewed these documents and found them to be acceptable for approval and recordation.

ISSUES/ANALYSIS

The RIX Facility, owned by the RIX Joint Powers Authority (JPA), serves as a critical component in the wastewater treatment process for both the Cities of Colton and San Bernardino.

The granting of the easement will not disrupt existing or future operation s and maintenance of the RIX Facility.

Collaboration and Benefit: This collaboration between the RIX Joint Powers Authority and the Santa Ana Water Project Authority (SAWPA) is mutually beneficial. It facilitates the necessary infrastructure connections while ensuring compliance with regulatory requirements.

Legal Compliance: The updated easement documents have been thoroughly reviewed by both staff and legal counsel to ensure compliance with all relevant laws, regulations, and agreements.

FISCAL IMPACTS

There is no fiscal impact associated with approval of this easement.

ALTERNATIVES

Provide alternative direction to staff.

ATTACHMENT

1. Notarized Grant of Easement Anaergia 2023-10-25
12 Packet Pg. 334

12.a
Packet Pg. 335
Attachment: Notarized Grant of Easement Anaergia 2023-10-25 (4439 : Easement - Rialto Bioenergy Facility, LLC)

12.a
Packet Pg. 336
Attachment: Notarized Grant of Easement Anaergia 2023-10-25 (4439 : Easement - Rialto Bioenergy Facility, LLC)

12.a
Packet Pg. 337
Attachment: Notarized Grant of Easement Anaergia 2023-10-25 (4439 : Easement - Rialto Bioenergy Facility, LLC)

12.a
Packet Pg. 338
Attachment: Notarized Grant of Easement Anaergia 2023-10-25 (4439 : Easement - Rialto Bioenergy Facility, LLC)

12.a
Packet Pg. 339
Attachment: Notarized Grant of Easement Anaergia 2023-10-25 (4439 : Easement - Rialto Bioenergy Facility, LLC)

12.a
Packet Pg. 340
Attachment: Notarized Grant of Easement Anaergia 2023-10-25 (4439 : Easement - Rialto Bioenergy Facility, LLC)

ITEM NO. 13

STAFF REPORT

DATE: APRIL 16, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: CHARLES BERRY, ELECTRIC UTILITY DIRECTOR
SUBJECT: APPROVE AND ADOPT A RESOLUTION TO ACCEPT GRANT

AWARD FROM THE DEPARTMENT OF ENERGY EECBG

PROGRAM AND AWARD A PIGGYBACK BID TO BEAM GLOBAL
FOR TWO BEAM EV ARC™ 2020 ELECTRIC VEHICLE CHARGING
SYSTEMS FOR $157,601.64 IN ACCORDANCE WITH COLTON
MUNICIPAL CODE 3.08.140(C), RESOLUTION NO. R-32-24.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Approve Resolution No. R -32-24 to authorize the acceptance of a grant award from the Department of Energy EECBG program; and

2. Amend the FY2024 budget increasing revenues and appropriations by $11 6,230.00 to account for the grant acceptance; and

3. Authorize the City of Colton to piggyback on the State of California’s bid award for the purchase of two BEAM EV ARC™ 2020 electric vehicle charging system for $157,601.64 in accordance with Colton Municipal Code 3.08.140(c).

4. Authorize the City Manager or his designee to execute in the name of the City of Colton all grant documents, including but not limited to, applications, agreements, amendments, and requests for payment, necessary for this grant project.

BACKGROUND

The Department of Energy (DOE) designed the Energy Efficiency and Conservation Block Grant (EECBG) Program to assist states, local governments, and Tribes in implementing strategies to 13 Packet Pg. 341
Staff Report to the Mayor and City Council
Grant Award - Energy Efficiency and Block Grant (EECBG) April 16, 2024

reduce energy use of fossil fuel emissions, and to imp rove energy efficiency. The final allocation of funds by the Office of State and Community Energy Programs (SCEP) to City of Colton was in the amount of $116,230.00.

For Colton to receive the funding , an application had to be submitted that met the crite ria of cutting carbon emissions, improving energy efficiency, and reducing energy use. City staff submitted a grant application to purchase two BEAM EV ARC™ 2020 to provide additional charging needed for the Fire Department and the City’s electric fleet vehicles. The high costs of infrastructure updates delayed the installation of level II Electric Vehicle (EV) charging stations at Fire Station 1. With this completely off the grid unit , there is no need for any additional infrastructure to be installed. The second unit will be utilized to charge electric fleet vehicles at the City of Colton Public Works/Electric Yard.

ISSUES/ANALYSIS

The City submitted a project to DOE to purchase two BEAM EV ARC™ 2020 electric vehicle charging systems. The EV ARC™ i s a fully autonomous, transportable, solar -powered electric vehicle charging system with energy storage. The units generate and store solar electricity to charge up to 265 electric miles in a single day. The battery storage can charge electric vehicles day or night and even in periods of cloudiness. The electricity produced is clean and renewable, reducing 100% of greenhouse gas emissions.

EV ARC™ 2020 is comprised of a 4.3 kW solar array, 22 kWh expandable battery storage, two Enel Way JuiceBox charge rs, and standard AC and USB outlets for personal electronics and wheelchair charging.

On March 13, 2024, the US Department of Energy emailed staff approving application number:

IA-000000396 for the program equipment rebate voucher application in the amou nt of $116,230.00 to purchase two BEAM EV ARC™ 2020. The total cost for two is $157,601.64.

To complete the project as included in the grant award, Colton Electric Department (CED) is requesting to dispense with competitive bidding in accordance with Co lton Municipal Code Section 3.08.140(C), determining that a competitive bid procedure has already been completed and approving the City to piggyback on the State of California’s bid award for the purchase of two BEAM EV ARC™ 2020 electric vehicle charging systems for $157,601.64.

FISCAL IMPACTS

To accept the grant award, approval of Resolution R-32-24 will amend the Fiscal Year 202 3-24 budget to:

1. Increase appropriations by $116,230.00 in Electric Utility Fund Capital Improvement Expenditure Account 520-8000-8001-3890-0107-000 (Capital Improvement) 13 Packet Pg. 342
Staff Report to the Mayor and City Council
Grant Award - Energy Efficiency and Block Grant (EECBG) April 16, 2024

2. Increase revenue in Electric Utility Fund Grant Account number 520 -7821-000 by $116,230.00.

Colton Electric is proposing to utilize low carbon fuel standards (LCFS) credits as matching funds for the $50,379.47 remaining balance for the purchase, which are appropriated for this project in the adopted FY2023-24 budget in Electric Utility Fund Capital Improvement Account Number 520-8000-8001-3890-0107-000. Additionally, because these charging stations are grid independent, it is expected that their use to charge the City’s electric fleet vehicles will significantly reduce or eliminate the expense for charging the City’s electric fleet.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Resolution No R-32-24

2. Attach._A_-_Contract_Pricing (1)StateofCA

3. BEAMQuote
13 Packet Pg. 343
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-32-24

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON

AUTHORIZING THE ACCEPTANCE OF A GRANT AWARD FROM THE
DEPARTMENT OF ENERGY (EECBG) PROGRAM AMENDING FY2023-
24 BUDGET TO INCREASE REVENUES AND APPROPRIATIONS BY
$116,230.00 TO ACCOUNT FOR THE GRANT ACCEPTANCE , AWARD A

PIGGYBACK PURCHASE TO BEAM GLOBAL FOR TWO BEAM EV
ARCTM 2020 ELECTRIC VEHICLE CHARGING SYSTEMS, AND

AUTHORIZE THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE
ALL GRANT AND CONTRACT DOCUMENTS FOR THIS PROJECT.

WHEREAS, The Department of Energy (DOE) designed the Energy Efficiency and Conservation Block Grant (EECBG) Program to assist states, local governments, and Tribes in implementing strategies to re duce energy use of fossil fuel emissions, and to improve energy efficiency. The final allocation of funds by the Office of State and Community Energy Programs (SCEP) to City of Colton was in the amount of $116,230.00; and WHEREAS, For Colton to receive the funding an application had to be submitted that met the criteria of cutting carbon emissions, improving energy efficiency, and reducing energy use; and
WHEREAS, The City submitted a project to DOE to purchase two BEAM EV ARC™ 2020 electric vehicle charging systems. The EV ARC™ is a fully autonomous, transportable, solar-powered electric vehicle charging system with energy storage. The units generate and store solar electricity to charge up to 265 electric miles in a single day. The battery storage can charge electric vehicles day or night and even in periods of cloudiness. The electricity produced is clean and renewable, reducing 100% of greenhouse gas emissions; and WHEREAS, EV ARC™ 2020 is comprised of a 4.3 kW solar array, 22 kWh expandable battery storage, two Enel Way JuiceBox chargers, and standard AC and USB outlets for personal electronics and wheelchair charging; and
WHEREAS, On March 13, 2024, the US Department of Energy emailed staff approving application number: IA -000000396 for the progra m equipment rebate voucher application in the amount of $116,230.00 to purchase two BEAM EV ARC™ 2020. The total cost for two units is $157,601.64.

NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL OF THE CITY OF COLTON, AS FOLLOWS:

SECTION 1. Increase appropriations by $116,230.00 in Electric Utility Fund Capital Improvement Expenditure Account 520 -8000-8001-3890-0107-000 (Capital Improvement); and
SECTION 2. Increase revenue in Electric Utility Fund Grant Account number 520-1821- 000 by $116,230.00.

SECTION 3. Authorize the City of Colton to piggyback on the State of California’s bid award for the purchase of two BEAM EV ARC™ 2020 electric vehicle charging systems for $157,601.64 in accordance with Colton Municipal Code 3.08.140(c).

PASSED, APPROVED AND ADOPTED THIS 16TH DAY OF APRIL 2024.

13.a
Packet Pg. 344
Attachment: Resolution No R-32-24 (4463 : Grant Award - Energy Efficiency and Block Grant (EECBG)) 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-

__________________________________
FRANK J. NAVARRO
Mayor
ATTEST:

______________________________
STEPHANIE M. VARGAS
Deputy City Clerk

13.a
Packet Pg. 345
Attachment: Resolution No R-32-24 (4463 : Grant Award - Energy Efficiency and Block Grant (EECBG)) Attachment 1
June 24, 2022
Contract
Line Item
# (CLIN)
Commodity Description Manufacturer Part
Number (OEM #) Manufacturer (OEM) SKU # / Item # Item Description Unit of Measure
Quantity in
Unit of Measure Contract Price
1100
EV ARC™ 2020, 4.3kW solar array, 22kWh expandable storage, BeamTrak™, Chargepoint CT4013 single-plug networked charger, single J1772 connector. 12 months Chargepoint Network Operating System (NOS) Cloud Plan is included.

ARC2020-CP4013 Beam Global N/A
Beam EV ARC™ with
ChargePoint™ single
plug charger
Each 1 67,628.82$
1101
EV ARC™ 2020, 4.3kW solar array, 22kWh expandable storage, BeamTrak™, Chargepoint CT4023 dual-plug networked charger, dual J1772 connectors. 12 months ChargePoint Network Operating System (NOS) included.

ARC2020-CP4023 Beam Global N/A
Beam EV ARC™ with
ChargePoint™ dual plug
charger
Each 1 70,300.30$
1102
EV ARC™ 2020, 4.3kW solar array, 22kWh expandable storage, BeamTrak™, 1 (one) Enel X JuiceBox® charger, one (1) standard J1772 connector. 12 months Enel X JuiceBox Network Operating System (NOS) Cloud Plan is included.

ARC2020-EJ1 Beam Global N/A
Beam EV ARC™ with
one (1) Enel X
JuiceBox® charger
Each 1 63,542.22$
1103
EV ARC™ 2020, 4.3kW solar array, 22kWh expandable battery storage, BeamTrak™, two (2) Enel X JuiceBox® chargers, two (2) J1772 connectors. 12 months Enel X JuiceBox Network Operating System (NOS) Cloud Plan is included.

ARC2020-EJ2 Beam Global N/A
Beam EV ARC™ with
two (2) Enel X
JuiceBox® chargers
Each 1 65,442.44$
1104
EV ARC™ 2020, 4.3kW solar array, 22kWh expandable battery storage, BeamTrak™, three (3) Enel X JuiceBox® chargers, Three (3) J1772 connectors. 12 months Enel X JuiceBox Network Operating System (NOS) Cloud Plan is included.

ARC2020-EJ3 Beam Global N/A
Beam EV ARC™ with
three (3) Enel X
JuiceBox® chargers
Each 1 67,342.66$
1105
EV ARC™ 2020, 4.3kW solar array, 22kWh expandable battery storage, BeamTrak™, four (4) Enel X JuiceBox® chargers, four (4) J1772 connectors. 12 months Enel X JuiceBox Network Operating System (NOS) Cloud Plan is included.

ARC2020-EJ4 Beam Global N/A
Beam EV ARC™ with
four (4) Enel X
JuiceBox® chargers
Each 1 69,242.88$
1106
EV ARC™ 2020, 4.3kW solar array, 22kWh expandable battery storage, BeamTrak™, five (5) Enel X JuiceBox® chargers, five (5) J1772 connectors. Not networked; network subscription available as an add-on.

ARC2020-EJ5 Beam Global N/A
Beam EV ARC™ with
five (5) Enel X
JuiceBox® chargers
Each 1 71,143.10$
1107
EV ARC™ 2020, 4.3kW solar array, 22kWh expandable battery storage, BeamTrak™, six (6) Enel X JuiceBox® chargers, six (6) J1772 connectors. 12 months Enel X JuiceBox Network Operating System (NOS) Cloud Plan is included.

ARC2020-EJ6 Beam Global N/A
Beam EV ARC™ with six
(6) Enel X JuiceBox®
chargers
Each 1 73,043.32$
1108
EV ARC™ NEV 2020, golf cart-sty le Neighborhood Electric Vehicles (NEVs). Two (2) standard 120 V outlets (NEMA 5-20R single) with 1.4 kW per outlet. Expandable to support up to 4 outlets. NOS not included.

ARC2020-NEV Beam Global N/A Beam EV ARC™ NEV
charging system Each 1 62,298.60$
Statewide Contract 1-22-61-16 Mobile Solar Panel Electic Vehicle Autonomous Renewal Charger (EV ARC) Attachment A - Contract Pricing, 6/24/2022
Contractor: Beam Global

CORE ITEMS - EV ARC

13.b
Packet Pg. 346
Attachment: Attach._A_-_Contract_Pricing (1)StateofCA (4463 : Grant Award - Energy Efficiency and Attachment 1
June 24, 2022
Contract
Line Item
# (CLIN)
Commodity Description Manufacturer Part
Number (OEM #) Manufacturer (OEM) SKU # / Item # Item Description Unit of Measure
Quantity in
Unit of Measure Contract Price
1109
EV ARC™ 2020 Base Model, 4.3kW solar array, 22kWh expandable battery storage, BeamTrak™. Not sold as a standalone item.

Customer identified Level 2 EV charger, sold separately, to be qualified by, and integrated at the factory. Integration services sold separately. NOS not included
ARC2020-BASE Beam Global N/A Beam EV ARC™ Base
Model Each 1 61,642.00$
1110
EV ARC™ Fast50 sy stem, 50kW EV charging, ChargePoint
Networked 50kW Charging Station with CHAdeMO and CCS
connectors. 17.2kW solar array and 246kWh of battery storage. 12 months Chargepoint Network Operating System (NOS) Cloud Plan is included.

ARC2020-FAST50 Beam Global N/A
Beam EV ARC™ Fast50
with one (1)
ChargePoint™ DC fast
charger
Each 1 531,101.20$
1111
EV ARC™ Fast50 Base Model, 17.2kW solar array, 225kWh battery storage, BeamTrakTM, supports 50kW DC fast charging. Not sold as a standalone item. Customer Identified DC fast 50kW charger, sold separately, to be qualified and integrated into the Fast50 system by Beam. Integration services sold separately. NOS not Included ARC2020-FAST50-
BASE Beam Global N/A Beam EV ARC™ Fast50
Base Model Each 1 470,249.08$
Contract
Line Item
# (CLIN)
Commodity Description Manufacturer Part
Number (OEM #) Manufacturer (OEM) SKU # / Item # Item Description Unit of Measure
Quantity in
Unit of Measure Contract Price
1200 Beam Bump upgrade for EV ARC™ 2020 sy stems increases battery storage to 32 kWh. BUMP30 Beam Global N/A Beam Bump battery upgrade Each 1 $ 4,998.00
1201 Beam Boost upgrade for EV ARC™ 2020 sy stems increases battery storage to 43 kWh. BOOST40 Beam Global N/A Beam Boost battery upgrade Each 1 9,821.56$
1202
Off-grid, 100% solar-powered Emergency Power Panel for energy resiliency and disaster preparednes. 6kW 120/240V solar generator with 2 x 120V NEMA 5-20 duplex outlets (GFCI protected), 2 x 120V NEMA L5-20 outlets (twist lock, GFCI protected), 1 x 240V NEMA L14- 30 outlet (not GFCI protected) , lockable polycarbonate cover plate.

EPP Beam Global N/A Emergency Power Panel Each 1 1,925.70$ 1203
The Beam ARC Mobility™ trailer, designed to relocate off-grid EV ARC™ 2020 sustainable EV charging sy stems. Remote controlled hydraulics enable one person to stow, transport, place and unstow EV ARC™ products. Gooseneck or pintle hitch options available.

AMT Beam Global N/A Beam ARC™ Mobility
trailer Each 1 42,238.00$
1204
The Beam Stow Kit for EV ARC™ 2020 is a standalone hy draulic stow/unstow system used to fold and unfold EV ARC™ systems for transport, relocation or deployment.

STOW-2020 Beam Global N/A Beam Stow Kit Each 1 3,234.00$ 1205 Heavy-duty safety bollards mounted on the EV ARC™ base pad. BOLLARDS Beam Global N/A Safety Bollards Each 1 357.70$ 1206
EV ARC™ 2020 Custom Branding Base Package provides visibility for your organizaton's logo or community message. Beam provides the dimensions, the customer provides final art, then Beam prints and professionally applies the decals at the Beam factory.

BRAND-BASE Beam Global N/A Custom Branding - Base
Package Each 1 980.00$

CORE ITEMS - ACCESSORIES

13.b
Packet Pg. 347
Attachment: Attach._A_-_Contract_Pricing (1)StateofCA (4463 : Grant Award - Energy Efficiency and Attachment 1
June 24, 2022
Contract
Line Item
# (CLIN)
Commodity Description Manufacturer Part
Number (OEM #) Manufacturer (OEM) SKU # / Item # Item Description Unit of Measure
Quantity in
Unit of Measure Contract Price
1207
One GFCI 120V outlet to accommodate two (2) standard plugs and one (1) outlet with four (4) USB ports for personal electronic device charging (laptops, cell phones, wheelchairs, etc.). Note: This option will not charge an electric vehicle.

AC-USB Beam Global N/A Standard AC and USB
Outlets Each 1 631.12$
1208
Charge golf cart-style Neighborhood Electric Vehicles (NEVs) with two (2) standard 120 V outlets (NEMA 5-20R single-recepticle) with 1.4 kW per outlet.

ARC2020-NEV Beam Global N/A NEV 120V Outlets Each 1 656.60$ 1209
Enel X RFID cards for commercial EV chargers enable and control access to JuiceBox® Pro EV charging stations. JuiceNet Enterprise network must be activated. Standard credit card size (CR-80). 10- Pack.

EJ-RFID-10 Beam Global N/A Enel X RFID Cards - 10
pack Each 1 38.22$
Contract
Line Item
# (CLIN)
Commodity Description Manufacturer Part
Number (OEM #) Manufacturer (OEM) SKU # / Item # Item Description Unit of Measure
Quantity in
Unit of Measure Contract Price
1300
Annual plan for Remote Monitoring and Management System (RMMS) provides login access to view data and status of the EV ARC system. 4G LTE and WiFi connections enable remote monitoring of solar energy production, battery status, energy output, energy use session data. Remote performance assessment and troubleshooting can prevent service calls. Service is included for the 1st twelve (12) months with purchase of an EV ARC™ sy stem; Annual renewal thereafter.

RMMS-1 Beam Global
Remote Monitoring and
Management System
(RMMS)
Each 1 388.08$
1301
Five-year (5 year) prepaid plan for the Remote Monitoring and Management System (RMMS) provides login access to view data and status of the EV ARC system. 4G LTE and WiFi connections enable remote monitoring of solar energy production, battery status, energy output, energy use session data. Remote performance assessment and troubleshooting can prevent service calls. Service is included for the 1st twelve (12) months with purchase of an EV ARC™ system; 5- year prepaid plan discounts the annual cost.

RMMS-5 Beam Global
Remote Monitoring and
Management System
(RMMS) 5-Year
Extension
Each 1 1,715.00$
1302
The annual ChargePoint Network Operating System (NOS) Cloud Plan provides remote access to advanced usage controls, price controls, usage charts and reports, dashboard map view and login from desktop or mobile. Service is included for the 1st twelve (12) months with purchase of an EV ARC™ sy stem with a ChargePoint charger; Annual renewal thereafter. Annual plan is per plug.

CP-NOS Beam Global
ChargePoint Network
Operating System (NOS)
Plan
Each 1 342.02$
1303
The annual Enel X JuiceNet Enterprise Cloud Plan provides remote access to charging session data, usage controls, data management and reporting. Service is included for the 1st twelve (12) months with purchase of an EV ARC™ sy stem with a Enel X JuiceBox charger; Annual renewal thereafter. Annual plan is per plug.

EJ-CLOUD Beam Global Enel X JuiceNet
Enterprise Cloud Plan Each 1 147.00$

CORE ITEMS - NETWORK SERVICES

13.b
Packet Pg. 348
Attachment: Attach._A_-_Contract_Pricing (1)StateofCA (4463 : Grant Award - Energy Efficiency and Attachment 1
June 24, 2022
Contract
Line Item
# (CLIN)
Commodity Description Manufacturer Part
Number (OEM #) Manufacturer (OEM) SKU # / Item # Item Description Unit of Measure
Quantity in
Unit of Measure Contract Price
Contract
Line Item
# (CLIN)
Commodity Description Manufacturer Part
Number (OEM #) Manufacturer (OEM) SKU # / Item # Item Description Unit of Measure
Quantity in
Unit of Measure Contract Price
1400 Repair Services / Field Technician support during Regular Business Hours (M-F 8:00AM - 5:00PM) Field Service Beam Global Beam Field Service Hour 1 225.00$ 1401 Repair Services / Field Technician support during Weekend, Holidays, and After Regular Business Hours Field Service Beam Global Emergency Beam Field Service Hour 1 247.50$
1402
Operations & Maintenance: Includes PV Panel Cleaning, Grease Slew drives, Check Calibration of BeamTrack, Check Battery Charging Systems, Settings, Performance of Inverter, Overall Condition of Structure and Inspect & Confirm Operation of EV Charger. Service is included for the 1st twelve months.

O&M-PLAN Beam Global Beam Annual Operation
& Maintenance Plan Each 1 582.75$
1403
The Beam Relocation Service includes relocating one or more EV ARC systems from their original destination to another pre-selected location. A Beam Deployment Expert provides the equipment and expertise to stow, load, transport, unload the EV ARC system into the new designated spot, unstow the system, calibrate BeamTrack™ sun tracking, perform a final inspection. NOTE: Billed hourly.

RELO Beam Global Beam Relocation
Service Hour 1 225.00$
Contract
Line Item
# (CLIN)
Contract
Discount
A 2%
End of Sheet
Commodity Description

CORE ITEMS - OPERATIONS & MAINTENANCE, REPAIR SERVICES, RELOCATION

NON-CORE ITEMS - CATALOG
Contractors commercial catalog

13.b
Packet Pg. 349
Attachment: Attach._A_-_Contract_Pricing (1)StateofCA (4463 : Grant Award - Energy Efficiency and

13.c
Packet Pg. 350
Attachment: BEAMQuote (4463 : Grant Award - Energy Efficiency and Block Grant (EECBG))

13.c
Packet Pg. 351
Attachment: BEAMQuote (4463 : Grant Award - Energy Efficiency and Block Grant (EECBG))

13.c
Packet Pg. 352
Attachment: BEAMQuote (4463 : Grant Award - Energy Efficiency and Block Grant (EECBG))

13.c
Packet Pg. 353
Attachment: BEAMQuote (4463 : Grant Award - Energy Efficiency and Block Grant (EECBG))

ITEM NO. 14

STAFF REPORT

DATE: APRIL 16, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: STEPHANIE VARGAS, DEPUTY CITY CLERK
SUBJECT: WAIVE FULL READING, READ BY TITLE ONLY, AND APPROVE

SECOND READING OF AN 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), ORDINANCE NO. O-04-24.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

It is recommended to that the City Council Waive full reading, and Approve Second Reading of An 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)

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 14 Packet Pg. 354
Staff Report to the Mayor and City Council
Second Reading of Ordinance No. O-04-24
April 16, 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

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 14
Packet Pg. 355

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

14.a
Packet Pg. 356
Attachment: Attachment 1_02-13-23_PC Meeting Minutes_Final Draft (4490 : Second Reading of Ordinance No. O-04-24) Planning Commission Meeting Minutes
February 13, 2024

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.

14.a
Packet Pg. 357
Attachment: Attachment 1_02-13-23_PC Meeting Minutes_Final Draft (4490 : Second Reading of Ordinance No. O-04-24) Planning Commission Meeting Minutes
February 13, 2024

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

14.a
Packet Pg. 358
Attachment: Attachment 1_02-13-23_PC Meeting Minutes_Final Draft (4490 : Second Reading of Ordinance No. O-04-24) Planning Commission Meeting Minutes
February 13, 2024

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

14.a
Packet Pg. 359
Attachment: Attachment 1_02-13-23_PC Meeting Minutes_Final Draft (4490 : Second Reading of Ordinance No. O-04-24) Planning Commission Meeting Minutes
February 13, 2024

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.

14.a
Packet Pg. 360
Attachment: Attachment 1_02-13-23_PC Meeting Minutes_Final Draft (4490 : Second Reading of Ordinance No. O-04-24)

14.b
Packet Pg. 361
Attachment: Attachment 2_Appeal Letter_DAP24-0013_Iron Horse Hills_Dated February 20, 2024 (4490 : Second Reading of Ordinance No. O-

14.b
Packet Pg. 362
Attachment: Attachment 2_Appeal Letter_DAP24-0013_Iron Horse Hills_Dated February 20, 2024 (4490 : Second Reading of Ordinance No. O-

14.c
Packet Pg. 363
Attachment: Attachment 2.a. Rutan and Tucker_Letter_Received 3-13-2024 (4490 : Second Reading of Ordinance No. O-04-24)

14.c
Packet Pg. 364
Attachment: Attachment 2.a. Rutan and Tucker_Letter_Received 3-13-2024 (4490 : Second Reading of Ordinance No. O-04-24)

14.c
Packet Pg. 365
Attachment: Attachment 2.a. Rutan and Tucker_Letter_Received 3-13-2024 (4490 : Second Reading of Ordinance No. O-04-24)

14.c
Packet Pg. 366
Attachment: Attachment 2.a. Rutan and Tucker_Letter_Received 3-13-2024 (4490 : Second Reading of Ordinance No. O-04-24)

14.c
Packet Pg. 367
Attachment: Attachment 2.a. Rutan and Tucker_Letter_Received 3-13-2024 (4490 : Second Reading of Ordinance No. O-04-24)

14.c
Packet Pg. 368
Attachment: Attachment 2.a. Rutan and Tucker_Letter_Received 3-13-2024 (4490 : Second Reading of Ordinance No. O-04-24)

14.c
Packet Pg. 369
Attachment: Attachment 2.a. Rutan and Tucker_Letter_Received 3-13-2024 (4490 : Second Reading of Ordinance No. O-04-24)

14.c
Packet Pg. 370
Attachment: Attachment 2.a. Rutan and Tucker_Letter_Received 3-13-2024 (4490 : Second Reading of Ordinance No. O-04-24)

14.c
Packet Pg. 371
Attachment: Attachment 2.a. Rutan and Tucker_Letter_Received 3-13-2024 (4490 : Second Reading of Ordinance No. O-04-24) I R O N H O R S E H I L L S1 8 6 L O T S

14.d
Packet Pg. 372
Attachment: Attachment 2.b. Iron Horse Hills Plans Packet_3-13-2024 (4490 : Second Reading of Ordinance No. O-04-24)

14.d
Packet Pg. 373
Attachment: Attachment 2.b. Iron Horse Hills Plans Packet_3-13-2024 (4490 : Second Reading of Ordinance No. O-04-24)

14.d
Packet Pg. 374
Attachment: Attachment 2.b. Iron Horse Hills Plans Packet_3-13-2024 (4490 : Second Reading of Ordinance No. O-04-24)

EXISTINGPROPERTYBOUNDARY

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

14.d
Packet Pg. 375
Attachment: Attachment 2.b. Iron Horse Hills Plans Packet_3-13-2024 (4490 : Second Reading of Ordinance No. O-04-24)

14.d
Packet Pg. 376
Attachment: Attachment 2.b. Iron Horse Hills Plans Packet_3-13-2024 (4490 : Second Reading of Ordinance No. O-04-24)

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

BARTON RD.

EXISTINGPROPERTYBOUNDARY

EXISTINGPROPERTYBOUNDARY

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

14.d
Packet Pg. 377
Attachment: Attachment 2.b. Iron Horse Hills Plans Packet_3-13-2024 (4490 : Second Reading of Ordinance No. O-04-24)

14.d
Packet Pg. 378
Attachment: Attachment 2.b. Iron Horse Hills Plans Packet_3-13-2024 (4490 : Second Reading of Ordinance No. O-04-24)

EXISTING PROPERTYBOUNDARY

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

14.d
Packet Pg. 379
Attachment: Attachment 2.b. Iron Horse Hills Plans Packet_3-13-2024 (4490 : Second Reading of Ordinance No. O-04-24) STOP
STOP

BARTON ROAD CL

YOST & BAKER ACCESS ROAD
STA 1+00

EXISTING CURB

STRIPED MEDIAN

STRIPED MEDIAN

STRIPED MEDIAN

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’

14.d
Packet Pg. 380
Attachment: Attachment 2.b. Iron Horse Hills Plans Packet_3-13-2024 (4490 : Second Reading of Ordinance No. O-04-24)

WASHINGTON STREET

RECHE CANYON ROAD

BARTON ROAD
I-215

BARTON ROAD
S. HUNTS LANE

HUNTS LANE

BARTON ROAD
I-215

EXISTING FIRESTATION

EXISTING FIRESTATION

PRADO LANECRYSTAL RIDGE LANE

EMERGENCY CIRCULATION PLAN

BEFORE IRON HORSE

14.d
Packet Pg. 381
Attachment: Attachment 2.b. Iron Horse Hills Plans Packet_3-13-2024 (4490 : Second Reading of Ordinance No. O-04-24)

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

EXISTING FIRESTATION

PRADO LANECRYSTAL RIDGE LANE

EMERGENCY CIRCULATION PLAN

AFTER IRON HORSE

14.d
Packet Pg. 382
Attachment: Attachment 2.b. Iron Horse Hills Plans Packet_3-13-2024 (4490 : Second Reading of Ordinance No. O-04-24)

14.d
Packet Pg. 383
Attachment: Attachment 2.b. Iron Horse Hills Plans Packet_3-13-2024 (4490 : Second Reading of Ordinance No. O-04-24) 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.

14.e
Packet Pg. 384
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24)

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

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

14.e
Packet Pg. 385
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24)

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

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

14.e
Packet Pg. 386
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24)

ATTACHMENT 1

Final November 28, 2023, Planning Commission Meeting Minutes

14.e
Packet Pg. 387
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24)

14.e
Packet Pg. 388
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24)

14.e
Packet Pg. 389
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24)

14.e
Packet Pg. 390
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24)

14.e
Packet Pg. 391
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24)

14.e
Packet Pg. 392
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24)

14.e
Packet Pg. 393
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24)

14.e
Packet Pg. 394
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24)

ATTACHMENT 2

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

14.e
Packet Pg. 395
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24)

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.

14.e
Packet Pg. 396
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24)

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.

14.e
Packet Pg. 397
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24)

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.

14.e
Packet Pg. 398
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24)

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.

14.e
Packet Pg. 399
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24)

ATTACHMENT 3

Transportation Excerpt from EIR Addendum

14.e
Packet Pg. 400
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24)

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.

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

14.e
Packet Pg. 401
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24)

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.

14.e
Packet Pg. 402
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24)

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.

14.e
Packet Pg. 403
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24)

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.

14.e
Packet Pg. 404
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24)

ATTACHMENT 4

November 28, 2023, Staff Report

14.e
Packet Pg. 405
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24) 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

14.e
Packet Pg. 406
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24) 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.

14.e
Packet Pg. 407
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24) 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.”

14.e
Packet Pg. 408
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24) 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).

14.e
Packet Pg. 409
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24) 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:

14.e
Packet Pg. 410
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24) 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)

14.e
Packet Pg. 411
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24) Planning Commission Staff Report: DAP-001-643 & DAP-001-770 Iron Horse Hills Subdivision November 28, 2023 Page 7 of 10

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.

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.

14.e
Packet Pg. 412
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24) 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.

14.e
Packet Pg. 413
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24) 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.

14.e
Packet Pg. 414
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24) 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

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) Prepared by: Reviewed by:

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

14.e
Packet Pg. 415
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24)

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

14.e
Packet Pg. 416
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24)

ATTACHMENT 6

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

14.e
Packet Pg. 417
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24)

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 November 2 8, 202 3, 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 application s were comprehensively reviewed; 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

14.e
Packet Pg. 418
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24)

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.

14.e
Packet Pg. 419
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24)

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.

14.e
Packet Pg. 420
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24)

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:

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 opportuni ties.

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.

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 an d 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

14.e
Packet Pg. 421
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24)

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.

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 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

14.e
Packet Pg. 422
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24)

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

14.e
Packet Pg. 423
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24)

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

14.e
Packet Pg. 424
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24)

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

14.e
Packet Pg. 425
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24)

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.

14.e
Packet Pg. 426
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24)

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

14.e
Packet Pg. 427
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24)

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.

14.e
Packet Pg. 428
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24)

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.

14.e
Packet Pg. 429
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24)

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.

14.e
Packet Pg. 430
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24)

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.

14.e
Packet Pg. 431
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24)

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.

14.e
Packet Pg. 432
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24)

ATTACHMENT 7

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

14.e
Packet Pg. 433
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24)

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

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 concerning the Project (“Develop ment 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

14.e
Packet Pg. 434
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24) 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

14.e
Packet Pg. 435
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24) 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

14.e
Packet Pg. 436
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24) 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

14.e
Packet Pg. 437
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24) 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

14.e
Packet Pg. 438
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24) 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

14.e
Packet Pg. 439
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24)

ATTACHMENT 8

Amended and Restated Development Agreement

14.e
Packet Pg. 440
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24) 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

14.e
Packet Pg. 441
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24) 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

14.e
Packet Pg. 442
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24)

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)

14.e
Packet Pg. 443
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24) 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)

14.e
Packet Pg. 444
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24) 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)

14.e
Packet Pg. 445
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24) 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)

14.e
Packet Pg. 446
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24)

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)

14.e
Packet Pg. 447
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24)

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)

14.e
Packet Pg. 448
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24) 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)

14.e
Packet Pg. 449
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24) 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)

14.e
Packet Pg. 450
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24) (“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)

14.e
Packet Pg. 451
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24)

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)

14.e
Packet Pg. 452
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24) 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)

14.e
Packet Pg. 453
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24) 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)

14.e
Packet Pg. 454
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24)

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.

3.6.2. Subsequent D evelopment A pprovals. This S econd A mended Agreement s hall not prevent CITY, in acting on S ubsequent D evelopment A pprovals, from applying Subsequent Land Use Regulations which do not conflict with the Development Plan, nor 14 Colton - Second Amended and Restated Development Agreement(882704.8882704.9)

14.e
Packet Pg. 455
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24) 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)

14.e
Packet Pg. 456
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24) 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)

14.e
Packet Pg. 457
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24) 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.

14.e
Packet Pg. 458
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24) 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.

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 o f this Second A mended A greement in e xcess of S eventy-Eight Thousand T hree Hundred Seven and 04/100 Dollars ($78,307.04) per residential dwelling unit. The DAG Fee shall 18 Colton - Second Amended and Restated Development Agreement(882704.8882704.9)

14.e
Packet Pg. 459
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24) 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)

14.e
Packet Pg. 460
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24) 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.

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. 2 021-2 t o f und p ublic s afety a nd p ublic f acilities m aintenance s ervices, r espectively.

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)

14.e
Packet Pg. 461
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24)

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.

6.6. Certificate o f A greement C ompliance. If, at the c onclusion o f a Periodic or Special R eview, D EVELOPER i s f ound to be i n c ompliance w ith t his S econd Amended A greement, CITY s hall, u pon r equest b y D EVELOPER, i ssue a C ertificate o f Agreement Compliance (“Certificate”) to DEVELOPER stating that after the most recent Periodic 21 Colton - Second Amended and Restated Development Agreement(882704.8882704.9)

14.e
Packet Pg. 462
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24) 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.

7.2.2. Due t o t he size, nature a nd scope of t he p roject, i t m ay n ot b e practical o r possible t o r estore the Property to its natural condition once implementation of this Second A mended Agreement has begun. After s uch implementation, D EVELOPER may be 22 Colton - Second Amended and Restated Development Agreement(882704.8882704.9)

14.e
Packet Pg. 463
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24) 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)

14.e
Packet Pg. 464
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24) 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)

14.e
Packet Pg. 465
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24) 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.

10.3. Severability. If any term, provision, covenant or condition of this Second Amended Agreement s hall b e d etermined invalid, void o r u nenforceable, t he r emainder o f this Second Amended Agreement shall not be affected thereby to the extent such remaining provisions are n ot rendered i mpractical to perform t aking i nto c onsideration t he p urposes o f t his S econd Amended Agreement. Notwithstanding t he f oregoing, the provision o f t he P ublic B enefits s et 25 Colton - Second Amended and Restated Development Agreement(882704.8882704.9)

14.e
Packet Pg. 466
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24) 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)

14.e
Packet Pg. 467
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24) 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)

14.e
Packet Pg. 468
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24) 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)

14.e
Packet Pg. 469
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24)

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)

14.e
Packet Pg. 470
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24) 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:

COMMENCING A T A P OINT O N T HE S OUTH L INE O F H ILLTOP D RIVE ( AS S HOWN I N R ECORD O F 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 O F S AID S OUTHEAST ¼ O F T HE N ORTHEAST ¼ , 7 9.98 F EET ( RECORDED 8 0.00 F EET); T HENCE SOUTH 64 DEG. 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 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)

14.e
Packet Pg. 471
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24) 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)

14.e
Packet Pg. 472
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24) 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)

14.e
Packet Pg. 473
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24) 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)

14.e
Packet Pg. 474
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24)

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)

14.e
Packet Pg. 475
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24) 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)

14.e
Packet Pg. 476
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24) 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)

14.e
Packet Pg. 477
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24) 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:

COMMENCING AT T HE 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 LOT 6 OF T HE S OUTHEAST ¼ O F S AID S ECTION 3 4, S AID P OINT A LSO B EING O N T HE A RC O F A C URVE CONCAVE S OUTHEASTERLY A ND W HOSE R ADIAL L INE B EARS S OUTH 1 3 D EGREES 4 5” E AST, A ND WHICH H AS A R ADIUS O F 2 50.00 F EET; T HENCE S OUTH A ND W ESTERLY ALONG T HE ARC O F S AID CURVE, A D ISTANCE O F 2 25.06 F EET A ND T HROUGH A C ENTRAL A NGLE O F 5 1 D EGREES 3 4’ 5 4”; THENCE S OUTH 2 4 D EGREES 5 3’ 2 1” W EST, 7 7.33 F EET T O T HE B EGINNING O F A C URVECONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 300.00 FEET; THENCE NORTH 65 DEGREES 06’ 39” WEST ALONG A R ADIAL L INE O F T HE A FOREMENTIONED C URVE 3 0.00 F EET T O T HE T RUE P OINT O F BEGINNING; T HENCE C ONTINUING A LONG S AID R ADIAL L INE N ORTH 6 5 D ECREES 0 6’ 3 9” W EST, 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 S AID C URVE; T HENCE S OUTHERLY A LONG T HE A RC O F S AID C URVE W HICH I S C ONCAVE 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 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)

14.e
Packet Pg. 478
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24) 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)

14.e
Packet Pg. 479
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24) EXHIBIT “A-1”

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

14.e
Packet Pg. 480
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24) EXHIBIT “ B”
40 Colton - Second Amended and Restated Development Agreement(882704.8882704.9)

14.e
Packet Pg. 481
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24)

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)

14.e
Packet Pg. 482
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24) 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)

14.e
Packet Pg. 483
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24) EXHIBIT “D”

WELL SITE
43 Colton - Second Amended and Restated Development Agreement(882704.8882704.9)

14.e
Packet Pg. 484
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24) EXHIBIT “E”

INTENTIONALLY OMITTED
44 Colton - Second Amended and Restated Development Agreement(882704.8882704.9)

14.e
Packet Pg. 485
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24) 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)

14.e
Packet Pg. 486
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24) 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

14.e
Packet Pg. 487
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24) 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

14.e
Packet Pg. 488
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24) 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.

14.e
Packet Pg. 489
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24) 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

14.e
Packet Pg. 490
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24)

ATTACHMENT 9

Revised Tentative Tract Map 16798 and Accompanying Plans

14.e
Packet Pg. 491
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24)

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

BARTON RD.

EXISTINGPROPERTYBOUNDARY

EXISTINGPROPERTYBOUNDARY

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

14.e
Packet Pg. 492
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24) 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

14.e
Packet Pg. 493
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24)

EXISTING PROPERTYBOUNDARY

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

14.e
Packet Pg. 494
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24)

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

14.e
Packet Pg. 495
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24)

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.

14.e
Packet Pg. 496
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24)

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.

14.e
Packet Pg. 497
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24)

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.

14.e
Packet Pg. 498
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24) 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

DENSE TREES

DENSE TREES

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

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

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

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 B A R T O N R D

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

E W E S T W O O D S T

M Y R T L E W O O D L N

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

VVVVVVVV

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 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

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

14.e
Packet Pg. 499
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24)

EXISTINGPROPERTYBOUNDARY

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

14.e
Packet Pg. 500
Attachment: Attachment 3_PC Staff Report_DAP-001-643_Iron Horse_with attachments (4490 : Second Reading of Ordinance No. O-04-24)

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

14.f
Packet Pg. 501
Attachment: Attachment 4_City Council RESOLUTION R-26-24_Draft (4490 : Second Reading of Ordinance No. O-04-24)

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

14.f
Packet Pg. 502
Attachment: Attachment 4_City Council RESOLUTION R-26-24_Draft (4490 : Second Reading of Ordinance No. O-04-24)

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

14.f
Packet Pg. 503
Attachment: Attachment 4_City Council RESOLUTION R-26-24_Draft (4490 : Second Reading of Ordinance No. O-04-24)

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

14.f
Packet Pg. 504
Attachment: Attachment 4_City Council RESOLUTION R-26-24_Draft (4490 : Second Reading of Ordinance No. O-04-24)

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.

14.f
Packet Pg. 505
Attachment: Attachment 4_City Council RESOLUTION R-26-24_Draft (4490 : Second Reading of Ordinance No. O-04-24)

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)

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. (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 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

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

14.g
Packet Pg. 506
Attachment: Attachment 5_City Council RESOLUTION R-27-24_Draft (4490 : Second Reading of Ordinance No. O-04-24)

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, 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 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:

14.g
Packet Pg. 507
Attachment: Attachment 5_City Council RESOLUTION R-27-24_Draft (4490 : Second Reading of Ordinance No. O-04-24)

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;

14.g
Packet Pg. 508
Attachment: Attachment 5_City Council RESOLUTION R-27-24_Draft (4490 : Second Reading of Ordinance No. O-04-24)

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:

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 cooli ng opportuni ties.

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

14.g
Packet Pg. 509
Attachment: Attachment 5_City Council RESOLUTION R-27-24_Draft (4490 : Second Reading of Ordinance No. O-04-24)

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.

14.g
Packet Pg. 510
Attachment: Attachment 5_City Council RESOLUTION R-27-24_Draft (4490 : Second Reading of Ordinance No. O-04-24)

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

14.g
Packet Pg. 511
Attachment: Attachment 5_City Council RESOLUTION R-27-24_Draft (4490 : Second Reading of Ordinance No. O-04-24)

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

14.g
Packet Pg. 512
Attachment: Attachment 5_City Council RESOLUTION R-27-24_Draft (4490 : Second Reading of Ordinance No. O-04-24)

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.

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 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.

14.g
Packet Pg. 513
Attachment: Attachment 5_City Council RESOLUTION R-27-24_Draft (4490 : Second Reading of Ordinance No. O-04-24)

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.

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 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

14.g
Packet Pg. 514
Attachment: Attachment 5_City Council RESOLUTION R-27-24_Draft (4490 : Second Reading of Ordinance No. O-04-24)

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:

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.

14.g
Packet Pg. 515
Attachment: Attachment 5_City Council RESOLUTION R-27-24_Draft (4490 : Second Reading of Ordinance No. O-04-24)

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.

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. 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.

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 Building & Safety Division
d. Compaction report – by Soils Engineer
e. All Building Permit and Development Impact fees paid.

14.g
Packet Pg. 516
Attachment: Attachment 5_City Council RESOLUTION R-27-24_Draft (4490 : Second Reading of Ordinance No. O-04-24)

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.

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, 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.

14.g
Packet Pg. 517
Attachment: Attachment 5_City Council RESOLUTION R-27-24_Draft (4490 : Second Reading of Ordinance No. O-04-24)

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.

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 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.

14.g
Packet Pg. 518
Attachment: Attachment 5_City Council RESOLUTION R-27-24_Draft (4490 : Second Reading of Ordinance No. O-04-24)

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:

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 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.

14.g
Packet Pg. 519
Attachment: Attachment 5_City Council RESOLUTION R-27-24_Draft (4490 : Second Reading of Ordinance No. O-04-24)

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, 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 d evelopment 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 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

14.h
Packet Pg. 520
Attachment: Attachment 6_City Council Ordinance O-04-24_Iron Horse Hills 2nd Amended and Restated Development Agreement (4490 :
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.

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 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.

14.h
Packet Pg. 521
Attachment: Attachment 6_City Council Ordinance O-04-24_Iron Horse Hills 2nd Amended and Restated Development Agreement (4490 :
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

14.h
Packet Pg. 522
Attachment: Attachment 6_City Council Ordinance O-04-24_Iron Horse Hills 2nd Amended and Restated Development Agreement (4490 :
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

14.h
Packet Pg. 523
Attachment: Attachment 6_City Council Ordinance O-04-24_Iron Horse Hills 2nd Amended and Restated Development Agreement (4490 :
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

14.h
Packet Pg. 524
Attachment: Attachment 6_City Council Ordinance O-04-24_Iron Horse Hills 2nd Amended and Restated Development Agreement (4490 :
1 15683
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

14.i
Packet Pg. 525
Attachment: Attachment 7_2nd Amended and Restated Iron Horse Hills Development Agreement_11-9-23 (4490 : Second Reading of Ordinance 2 15683

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”).

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 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”).

14.i
Packet Pg. 526
Attachment: Attachment 7_2nd Amended and Restated Iron Horse Hills Development Agreement_11-9-23 (4490 : Second Reading of Ordinance 3 15683
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 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”).

14.i
Packet Pg. 527
Attachment: Attachment 7_2nd Amended and Restated Iron Horse Hills Development Agreement_11-9-23 (4490 : Second Reading of Ordinance 4 15683
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 ”).

T. On ______________ , 2023, following a duly noticed public hearing, the City 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-______.

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.