Agenda, regular meeting, second session — Highland City Council, October 10, 2023 (part 4 of 7)

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causing a significant effect on the environment. In addition, the adoption of this Resolution approves and sets forth a procedure for determining fees to maintain park and recreation services within existing service areas and is statutorily exempt from CEQA pursuant to State CEQA Guidelines 15273( a)( 4). Also, approval of this Resolution is exempt from the requirements of CEQA pursuant to State CEQA Guidelines Section 15378( b)( 4) because the Resolution not a " project" as defined by CEQA, but involves the creation of government funding mechanisms or other government fiscal activities that do not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment.

SECTION 3. Establishing the Amount of Park Land Acquisition and Park Facilities Development Fees. The City Council hereby adopts Park Land Acquisition and Park Facilities Development Fees on new residential subdivisions in the following amounts:

Quimby Act
Detached Dwelling 5, 239
Attached Dwelling 4, 770
Mobile Home Dwelling 3, 416
Commercial Lodging N/ A
Commercial/ Office N/ A
Industrial N/ A
SECTION 4. All Park Land Acquisition and Park Facilities Development Fees specified in Section 3 are to be imposed in accordance with Highland Municipal Code Section 16.40. 200 and the applicable provisions of the 2023 DIF Report, on new development based on the proposed land use ( not zoning) of the proposed development.

For purposes of this Resolution, the following land use designations shall apply:

A. Detached Dwelling: Projects consisting of detached residential buildings as allowed within the City' s land use designation of Agricultural Equestrian, Low Density, and some Medium Density Residential.

B. Attached Dwelling: Projects consisting of attached residential units within a lot as allowed within the City' s land use designation of High Density Residential and some Medium Density Residential.

C. Mobile Home: Mobile home/ trailer parks, and manufactured homes in land - leased communities, etc. This category does not include manufactured home subdivisions.

D. Commercial Lodging: Hotels and motels.

E. Commercial/ Office: Uses generally considered commercial.

F. Industrial: Uses generally considered industrial. This category also includes educational and religious establishments.

Resolution No. 223- 041

Page 4 ends

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SECTION 5. Imposition of Fees. The Park Land Acquisition and Park Facilities Development Fees shall be imposed at the time of any building permit application and collected as a condition of building occupancy.

SECTION 6. Timing of Permit Application; Timing of Payment of Fees.

A. Park Land Acquisition and Park Development Facilities Fees shall be imposed and shall be payable in accordance with Highland Municipal Code Section

16. 40. 200.

B. Park Land Acquisition and Park Development Facilities Fees in effect at the time of building permit application shall continue to apply on any residential development project where the Building Official finds and determines that a complete building permit application has been submitted and accepted by the City of Highland, and that through no fault of the developer, the permit was not issued prior to the effective date of the Park and Recreation Fees.

SECTION 7. Effective Date of Park Land Acquisition and Park Development Facilities Fees. The Park Land Acquisition and Park Development Facilities Fees established by Section 3 of this Resolution shall be effective on April 1, 2024.

SECTION 8. Superseding and Replacing of Other Resolutions Regarding Park Land Acquisition and Park Facilities Development Fees. This Resolution shall supersede Resolution No. 2021- 008 and govern any new residential subdivision that has applied for a building permit as of the date that this Resolution goes into effect. Any new residential subdivision that has not applied for a building permit as of the date that this Resolution goes into effect shall be governed by Resolution No. 2021- 08.

SECTION 9. No Changes to Other City Fees. Nothing in this Resolution shall repeal, amend or supersede any other City imposed fees except for the amount of specific type and category expressly established by this Resolution.

SECTION 10. If any section, subsection, clause or phrase of this Resolution is for any reason held to be unconstitutional, or otherwise invalid, such decision shall not affect the validity of the remaining sections hereof. The City Council hereby declares that it would have passed this Resolution and each section, subsection, clause and phrase hereof irrespective of the fact that any one or more other sections, subsections, clauses or phrases be declared invalid.

SECTION 11. Certification. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions.

Resolution No. 223- 041

Page 5 ends

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PASSED, APPROVED, AND ADOPTED this 12th day of September, 2023. arty M Callon
Mayor
ATTEST:

Betty Hugh s, MMC
City Clerk
Resolution No. 223- 041

Page 6 ends

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STATE OF CALIFORNIA

COUNTY OF SAN BERNARDINO )

CITY OF HIGHLAND )
I, BETTY HUGHES, MMC, City Clerk of the City of Highland, California, do hereby certify Resolution No. 2023- 041 was duly and regularly adopted by the City Council of the City of Highland, California, at a regular meeting thereof held on the 12th day of September, 2023, by the following vote:

AYES: Chavez -Cordova, Lilburn, McCallon, Solano, Timmer NOES: None
Id:Z. 1, 12 MIM i
ABSENT: None
Dated this 13th day of September, 2023.

BETTY 14t GHES, M
MC

CITY CLERK
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ATTACHMENT 4
Proposed 2023 DIF Schedules
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41. 9$7 CITY OF HIGHLAND DEVELOPMENT
IMPACT FEES Effective
4/1 /24 Subdivided
Developmentx[
G~ 4
Detached Attached Mobile Commercial Commercial/ Dwellinq Dwelling Home Lodging Office Industrial Law
Enforcement 87 137 $ 77 58 0. 049 0. 003 Facilities
Fire
Suppression 779 252 $ 915 1, 237 0. 012 0. 004 Facilities, Vehicles & Equipment
Local
Circulation 2, 814 1, 879 $ 1, 465 1, 484 2. 628 1. 818 System Regional
Circulation 16, 409 10, 956 $ 8, 539 8, 653 15. 319 10. 599 System Regional
Flood 2, 687 946 $ 1, 612 943 1. 011 1. 250 Control
Facilities General
Facilities, 3, 473 3, 473 $ 3, 473 1, 813 1. 930 1. 930 Vehicles & Equipment Library
Facilities & 1, 695 1, 544 $ 1, 106 N/ A N/ A N/ A Collection Public
Use (Community N/ A N/ A N/ A N/ A N/ A N/ A Center
Facilities) Park
Land Acquisition & 5, 239 4, 770 $ 3, 416 N/ A N/ A N/ A Park Facilities Development TOTAL: $
33, 183 $23, 957 $20, 603 $14, 188 $ 20. 949 $15. 604 Notes:

1. Fees applicable City-wide except for East Highlands Ranch which is subject toa different fee schedule. Certain properties fronting Greenspot Road, between Gold Buckle Road and Santa Paula Street, must also pay a Greenspot Impact Fee (Resolution No. 1994- 037). 2.

Fees

3. are per dwelling unit for residential, per lodging unit for commercial lodging, and per gross square footage for commercial orindustrial.

Fee locked inat time of permit application. (Reso. 2023- 040 & 2023- 041) 4.

Fee collected at time of building permit issuance or occupancy. ( Reso. 2023- 040 & 2023- 041) 5.

Additional inclusionary housing fees of $3, 750 for all new units required per Resolution 2006-020 & Ordinance 306. 6.

Certain projects may be charged an impact fee based on the Alternative Cost Methodology for Regional Circulation ($383. 95 per trip - mile), and for Local Circulation ($ 156. 00 per trip -mile.) M:\ DIF\ DIF 2023\ DIF 2023 Study\ Staff report\ Attachments\DIF Fees Handout 4-1- 24 Subdivided Development- AB 1600. doc -344-
a°
GE H1G~
P
Law Enforcement
Facilities
Fire Suppression
Facilities, Vehicles &
Equipment
Local Circulation
System
Regional Circulation
System
Regional Flood
Control Facilities
General Facilities,
Vehicles & Equipment
Library Facilities &
Collection
Public Use ( Community
Center Facilities)
Park Land Acquisition &
Park Facilities Development

CITY OF HIGHLAND

DEVELOPMENT IMPACT FEES
Effective 4/ 1 / 24
Non -Subdivided Development
Detached Attached Mobile
Dwelling Dwelling Home
87 $ 137 $ 77
Commercial Commercial/
Lodging Office Industrial
58 $ 0. 049 $ 0. 003
779 $ 252 $ 915 $ 1, 237 $ 0. 012 $ 0. 004
2, 814 1, 879 1, 465 1, 484 2. 628 1. 818
16, 409 10, 956 8, 539 8, 653 15. 319 10. 599
2, 687 946 1, 612 943 1. 011 1. 250
3, 473 3, 473 3, 473 1, 813 1. 930 1. 930
1, 563 1, 424 1, 020 N/ A N/ A N/ A

N/ A N/ A N/ A N/ A N/ A N/ A
3, 537 3, 220 2, 307 N/ A N/ A N/ A
TOTAL: $ 31, 349 $ 22, 287 $ 19, 408 $ 14, 188 $ 20. 949 $ 15. 604 Notes:

1. Fees applicable City-wide except for East Highlands Ranch which is subject to a different fee schedule. Certain properties fronting Greenspot Road, between Gold Buckle Road and Santa Paula Street, must also pay a Greenspot Impact Fee ( Resolution No. 1994- 037).

2. Fees are per dwelling unit for residential, per lodging unit for commercial lodging, and per gross square footage for commercial or industrial.

3. Fee locked in at time of permit application. ( Reso. 2023- 040)

4. Fee collected at time of Building permit issuance or occupancy. ( Reso. 2023-040)

5. Additional inclusionary housing fees of $3,750 for all new units required per Resolution 2006-020 & Ordinance 306.

6. Certain projects may be charged an impact fee based on the Alternative Cost Methodology for Regional Circulation ($ 383. 95 per trip -mile), and for Local Circulation ($ 156. 00 per trip -mile.)

IMPACT FEE FOR BUILDING EXPANSION
no charge for first 499 square feet of residential building expansion) DETACHED DWELLING .............................................. $ 20. 899 per square foot ATTACHED DWELLING .............................................. $ 14. 858 per square foot MOBILE HOME............................................................ $ 12. 939 per square foot COMMERICIAL LODGING ..................................... $ 9. 459 per square foot COMMERCIAL/ OFFICE............................................... $ 20. 949 per square foot INDUSTRIAL................................................................ $ 15. 604 per square foot M:\ DIF\ DIF 2023\ DIF 2023 Study\Staff report\Attachments\ DIF Fees Handout Non Subdivided Development 4- 1- 24.doc -345-
ATTACHMENT 5
DVBA letter dated September 25, 2023
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F. t) IF
2 b 23

TREH PARTNERS XV, LLC
4 Corporate Plaza Drive, Suite 210 Newport Beach, CA 92660 Telephone 949. 631. 6620 Facsimile 949. 706. 9013
rence A Mainez
sip of Highian
ase i. ine
Re: Highland DIF 2023- 2024 Increase
Lar f,y.

Per our conversation I am writing to you on behalf of TREH Partners to request the balance of our development be locked in at the 2022- 2023 fee schedule. TREH Partners has a long track record of providing high -quality well- built developments in the city of Highland.

We negotiated and agreed to an exclusive development agreement with Highland for the 21 acres in the "Golden Triangle." Recall this was after the original developer could not get a deal done. TREH Partners spent significant resources on getting to an approved purchase and sale agreement with the county flood control district. In addition, we were able to get a plan approved through FEMA for all 21 acres to remove the property from a critical flood plain designation. We also have come to an agreement with the Federal Fish and Wildlife endangered species division to mitigate for the SBKR. During this processing period, California added the SBKR to its list of endangered species.

As you know we had plans submitted, reviewed, and approved for permit on the 11- acre Retail phase. We processed site plans, elevations, finish schedules, and building layouts for Phase 1 and Phase 2 together. All of the plans for both phases went to the planning commission and city council with a number of city -requested changes and modifications. Both phases were approved simultaneously and we started on construction documents. We have approved construction drawings for both phases 1 & 2 for all of the on and off site utilities. We also have approved construction plans for the retail buildings in Phase 1 and plan to start construction next month.

TREH would have had construction plans by now for Phase 2, but for the State' s long arduous, and difficult process to mitigate for the SBKR.

Given the amount of time, capital, and commitment we have put into this project, we are asking to have our DIF fees locked in for our residential 2nd phase of the project at the 2022- 2023 rates.

Please call me with any questions, thank you.

Thank you,
TREH Partners XV, LLC
Edward D. Horovtz
N
Managing Member
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pproved
Denied
ntinued

STAFF REPORT

TO THE CITY COUNCIL
DATE: October 10, 2023
FROM: Joseph Hughes, City Manager
REVIEWED BY: Lawrence A. Mainez, Community Development Director Betty Hughes, MMC, City Clerk
PREPARED BY: Camille Goritz, Administrative Assistant III SUBJECT: Declare two ( 2) Seats Vacant on the Community Trails Committee
RECOMMENDATION: Staff recommends the City Council:

1. Declare two ( 2) seats vacant on the Community Trails Committee; and

2. Direct the City Clerk to advertise the vacancies on the Community Trails Committee.

PUBLIC NOTICE: The agenda for this item was posted at the three locations per Resolution No. 2011- 047 and on the City' s website.

BACKGROUND: Pursuant to Chapter 2. 32. 020 of the Highland Municipal Code, the Community Trails Committee shall consist of five members appointed by the City Council and shall serve without compensation. Each member of the committee shall serve a two- year term of office and have a demonstrated knowledge and interest in one or more of the following: equestrian activities, bicycling, hiking, nature studies, or landscape/ open space design.

Board Members Erwin Fogerson and Michael McMillan term expires October 2023, therefore, it would be appropriate for the City Council to declare the two ( 2) seat vacant on the Community Trails Committee and direct the City Clerk to advertise and post the vacancy, as required per Government Code § 54970.

Motion
Ayes
Noes
Abstain
Absent
Second Agenda Item No. _ I5
File No,
City Clerk City Manager
-1-

STAFF REPORT

TO THE CITY COUNCIL
DATE: October 10, 2023
FROM: Joseph A. Hughes, City Manager
y .,
PREPARED BY: Lawrence A. Mainez, Community Development Director, Imo" I Kim Stater, Assistant Community Development Director, and t Maricela Marroquin, City Attorney
SUBJECT: Design Review Application ( DRA 23- 002) for the development of a 220- unit, multi -family apartment complex with eleven ( 11) affordable units; a Conditions, Covenants and Restrictions --- Density Bonus and Inclusionary Housing Agreement to
demonstrate compliance with Highland Municipal Code
Chapters 16. 40 Development Density and 16. 50 Inclusionary Housing; Lot Line Adjustment ( LLA 23-003) to relocate the existing parcel boundaries and create separate parcels for a multi -phase development; Variance ( VAR 23- 003) to
construct a perimeter fence/ wall 29% taller than the maximum height permitted for residential projects; and the adoption of a Mitigation Negative Declaration ( ENV 23- 005) and associated Mitigation Monitoring and Reporting Program on three ( 3) vacant parcels, totaling 6. 77 acres in area, located on the west side of Sterling Avenue, 250 feet north of 9th Street.

Assessor' s Parcel Numbers: 0278- 131- 45, - 46, & - 47.

APPLICANT: Helios Holdings, LLC
RECOMMENDATION: The Planning Commission recommends the City Council:

Approved Motion
Denied Ayes
Noes
Continue Abstain
Absent
Cit Clerk
1) Adopt Resolution No. 2023- adopting Mitigated
Negative Declaration ( ENV 23- 005) and associated
Mitigation Monitoring and Reporting Program, and direct Staff to file a Notice of Determination with the County Clerk of the Board.

Second
City
Agenda
Item No.

File No.
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City Council
October 10, 2023 Halcyon — Helios Holdings, LLC
2) Adopt Resolution No. 2023 - approving
Conditions, Covenants and Restrictions --- Density Bonus and Inclusionary Housing Agreement" to facilitate the
development of a 220- unit multi -family housing project utilizing Density Bonus provisions and establishing the Inclusionary Housing Unit requirements for the project; 3) Adopt Resolution No. 2023- approving Design
Review Application ( DRA 23- 002) for the site plan,
landscape plan, grading plan, photometric plan, and
building elevations related to the construction of a 220- unit, 4- story apartment complex, subject to the Conditions of Approval and Findings of Fact;
4) Adopt Resolution No. 2023- approving Lot Line
Adjustment ( LLA 23- 003) to relocate the existing parcel boundaries and create separate parcels for a multi -phase development; subject to the Conditions of Approval and
Findings of Fact; and
5) Adopt Resolution No. 2023- approving Variance
VAR 23- 003) to allow an increase in the maximum height for the perimeter fence/wall from 6-feet to 7. 75-feet, 29% greater than the maximum height permitted in the for
residential projects, subject to the Findings of Fact.

FISCAL IMPACT: The Applicant submitted the required deposit fee for processing the subject applications. Staff time spent working on the applications will be charged to this deposit. There is no fiscal impact to the City related to the adoption and application of a Density Bonus project as provided for under State and local law. The project will construct and otherwise provide all amenities and services required by future tenants such as housing, recreation, public safety and public services through on -site recreation amenities and facilities, and the ongoing payment of property taxes.

Eleven ( 11) of the 220 residential units will be set -aside for families earning 50 percent or less of the Area Median Income ( i. e., Very Low Income) at an affordable rent as determined by California Health and Safety Code Section 50053( b), thereby increasing and stabilizing affordable housing opportunities in Highland.

PUBLIC NOTICE: As required by City Council Resolution, a Notice of Public Hearing was posted at the City' s three designated posting locations. The notice was posted on the City' s website and mailed to property owners within 300 feet of the project site as well as those who requested notice on September 28, 2023. The notice was published in the San Bernardino Sun newspaper on September 29, 2023.
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City Council
October 10, 2023 Halcyon — Helios Holdings, LLC
DESCRIPTION OF SITE: The subject site is located on the west side of Sterling Avenue, 250 feet north of 9th Street ( Attachment 1 — Area Map). It is comprised of three ( 3) parcels with a combined area of approximately 6. 77 acres. It has a Zoning designation of Multi - Family Residential ( R- 4) and Land Use Designation of Residential High Density Special Overlay requiring a minimum density of 20 units per acre and a maximum of 30 units per acre.

Surroundina Land Uses
North: Religious Institution and Single -Family Residences South: Neighborhood Commercial Strip Center and Nonconforming Single -Family Residences
East: Warm Springs Elementary School
West: Single -Family Residences
Location General Plan Zoning
Site: Residential High Density Special Overlay Multi -Family Residential R- 4 North: Residential High Density Special Overlay Multi -Family Residential R-4 South: Planned Commercial PC Planned Commercial PC
East: Public P Public/ Quasi- Public P/ Q
West: Low Density LD Single -Family Residential R- 1
The project site is currently vacant and undeveloped. It slopes west towards the rear of the property with an overall grade difference of approximately six ( 6) feet. The site measures approximately 250 feet in width toward the east end of the site, 500 feet in width toward the west end of the site, and 860 feet in overall depth.

The site is surrounded by a variety of single-family residences constructed in the mid1950s. It is neither located within an area of Biological Sensitivity nor within an area of Archaeological Resources. Per the General Plan' s Public Health, Safety and Environmental Justice Element, this proposed residential complex is not considered a Disadvantaged Community" as it is located within one- half mile of a grocery store and considered biking distance. It is also within 100 feet of Warm Springs Elementary School.

PROJECT REVIEW: The proposed apartment complex will provide 220 new rental units within Highland' s R-4 Multi -Family Residential Zoning District consistent with the development standards ( Attachment 2 — Project Plans). The project site is listed in the City' s 6t" Cycle Certified Housing Element Site' s Inventory as Site Nos. 3, 4, and 5, and anticipated to generate 134 Lower -Income units ( see Table 11 below). The project helps fulfil the City' s Housing Element Regional Housing Needs Allocation ( RHNA, 2021 to 2029 planning period) by providing 11 Very -Low Income units. The remaining 209 units will be for Low -Income and some Moderate -Income households by virtue of the project' s density which allows a maximum density of 30 dwelling units per acre by -right, and the rental housing market in the project area.
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City Council
October 10, 2023 Halcyon — Helios Holdings, LLC
Table 11. Sites Inventory Table
Included in She
Assessor' s
Zoning
Lower• Moderate• Above
Total
Previous
lD'
Parcel Acres
Designation
income Income Moderate- I
Units
Site Description
Cycles) Number Units Units Income Units
Lower -income Sites
Yes 1 0278- 121- 42 3. 06 R- 4 61 0 0 61 Vacant
Underutilized, 2 nonresidential buildings
Yes 2 0278- 13148 3. 8 R- 4 76 0 0 76
built 1980, FAR 0. 04, large dirt lot
Yes 3 0278- 131-45
0278- 131-46
0278- 131- 47

4.24 R- 4 85
14 35
0 0 85 Vacant
Yes 4 0.71 R- 4 0 0 14 Vacant
Yes 5 1.76 R- 4 0 0 35 Vacant
Density Bonus / Inclusionary Housing Agreement
The Applicant proposes to utilize the State' s Density Bonus Law to increase the maximum permitted development density. California Government Code Section 65915( b)( 1) provides that the City shall allow a density bonus to increase the number of housing units permitted, if the developer provides affordable housing at an affordable rent. The Applicant proposes to restrict five percent ( 5%) of their units ( 11 total) to families of Very Low Income for a term of 55 years. This will permit additional units as well as one Incentive" and a " Parking Concession" as defined by the Government Code (Attachment 4 — Resolution for a Density Bonus & Inclusionary Housing Agreement).

Density Bonus — The project site is 6. 77 acres. The R-4 Zoning District allows a maximum density of 30 dwelling units per acre by -right. The acreage multiplied by the maximum density yields 204 units to be constructed without a Density Bonus. By setting aside 5% of the units as Very Low, the Applicant is eligible for a 20% Density Bonus. With a Density Bonus, the maximum number of units permitted increases to 244, however the Applicant is only asking for a total of 220 units.

Incentive - The requested incentive is a reduction in the minimum private open space requirement of 100 square feet on the second, third, and fourth floors. The Applicant is proposing a reduction to 60 square foot balconies on these levels ( a 40% reduction).

The ground floor units meet the required size.

Concession ( Parking) — The required number of parking spaces, per the HMC, is 458 parking spaces. Density Bonus Law permits a reduced ratio, and the Applicant is proposing to construct 418 spaces ( 40 space reduction). This is discussed in further detail below.

The Applicant is asking for one additional Incentive, termed a " Waiver" in the agreement.

Because a second Incentive is not required to be granted by the City, the developer must include in their proposal proof to substantiate why imposing the development standard would have the effect of physically precluding the construction of the development at the density proposed. Government Code Section 65915( e)( 1) provides that a city may not -4-
City Council
October 10, 2023 Halcyon — Helios Holdings, LLC
impose any development standard that will have the effect of physically precluding the construction of a development at the densities or with the concessions or incentives permitted by density bonus law.

Waiver ( not by right, must be substantiated) — The requested waiver is a reduction in the public open space required which is currently 30% of the net acreage. The Applicant is proposing a pool, club house, fitness center, two tot lots and various green spaces that comprise 9% of the site. The Applicant states that the waiver or reduction of the open space development standards is necessary to accommodate the affordable units in terms of offering the necessary physical space on the property to site the buildings with their associated circulation, parking, open space and setbacks. In addition, reducing the open space standard directly reduces the cost of construction which contributes to making the proposed project feasible ( a 70% reduction).

The Density Bonus, one Incentive and the Parking Concession are permitted under Density Bonus law, as well as the use of the land as multi -family housing. The responsibility of the Planning Commission and City Council during the entitlement process is to ensure that the law is appropriately applied and that the objective design standards in the Municipal Code are adhered to. Each of these incentives and concessions are further described in greater detail below in the context of the Design Review and analysis of development standards.

Inclusionary Housing Policy — In addition to the Density Bonus provisions, the Agreement attached for consideration includes a discussion of the City' s Inclusionary Housing ordinance codified in HMC Chapter 16. 50. The Inclusionary Housing provisions require that a housing developer either construct 15% of their project as affordable, construct affordable units off -site, donate land, or pay an in -lieu fee. The Applicant chose to build 5% of the units as affordable and to pay the in -lieu fee for the remaining 10%. The Agreement defines these terms and fees; 5% Very Low -Income Units (or 11 units) to be constructed which is 35. 9% of the overall Inclusionary Housing requirement, resulting in an in -lieu fee payment of $ 490, 365. The Agreement further enumerates the terms of development, location, and size of units to be restricted.

Design Review Application
Site Plan
The development will include two ( 2) freestanding buildings designed around the eastern and western portions of the site, visible from Sterling Avenue. There will be two (2) drive accesses along Sterling Avenue, the southerly being the primary ingress and egress to the complex and the northerly being strictly an exit. There will also be an emergency exit onto Elm Street toward the northwest corner of the site. A two- way drive aisle travels around the perimeter of the complex with parking spaces located along the perimeter of the site. Both buildings will be four ( 4) stories and 52. 5- feet in height with footprints of 32, 108 and 44,443 square feet, respectively, and an overall lot coverage of 27.45%. -5-
City Council
October 10, 2023 Halcyon — Helios Holdings, LLC
Building A is located closer to Sterling Avenue while Building B is located toward the westerly portion of the site.

The 220 residential units are distributed amongst the buildings as follows:

Unit Type Building A Building B Total Mix
Studio 6 8 14 6%
1 Bedroom 28 42 70 32%
2 Bedroom 49 54 103 47%
3 Bedroom 7 26 33 15%
Total 90 130 220 100%
The two ( 2) buildings are similar in overall design, although Building A is more elongated east to west while Building B features a more square -like footprint. The ground floor features individual garage spaces around the exterior of each building and residential units on the interior sections. Floors 2, 3, and 4 feature residential units above the first - floor garages facing outward as well as units facing the interior of the building. Building A contains the complex' s amenities such as the community pool, barbeque area, as well as the fitness center and leasing office. Tot lots and open space are located at both Buildings A and B.

The first/ ground floor of the apartment complex features two ( 2) studios, ten ( 10) one - bedroom, sixteen ( 16) two -bedroom, and six ( 6) three -bedroom units for a total of thirtyfour ( 34) units. The second floor of the complex contains four ( 4) studio, twenty-two ( 22) one -bedroom, twenty- seven ( 27) two -bedroom, and nine ( 9) three -bedroom units for a total of sixty- two ( 62) units, three ( 3) of which are designated as affordable units. The third floor contains four ( 4) studios, twenty-two ( 22) one -bedroom, twenty- seven ( 27) two - bedroom, and nine ( 9) three -bedroom units for a total of sixty- two ( 62) units, five ( 5) of which are designated as affordable. Lastly, the fourth floor contains four ( 4) studios, twenty- two ( 22) one -bedroom, twenty- seven ( 27) two -bedroom, and nine ( 9) three - bedroom units for a total of sixty-two ( 62) units, three ( 3) of which are designated as affordable. The designated affordable units enumerated above total eleven ( 11) units.

There are two ( 2) elevators located along the central hallways of each building providing ADA accessibility to each of the upper -level floors.

Respective square footages for each of the units are 445 square feet for the studio, 705 square feet for the one -bedroom, 975 square feet for the two -bedroom, and 1, 109 square feet for the three -bedroom units, well exceeding the minimum square footage requirements per the for City' s " R- 4" development standards ( i. e., 425 square feet for a Studio, 650 square feet for a one -bedroom, 800 square feet for a two or more bedroom). -6-
City Council
October 10, 2023 Halcyon — Helios Holdings, LLC
Landscaping
The project' s Conceptual Landscape Plan features a variety of evergreen and deciduous trees in addition to accent palms trees, shrubs, and groundcover well suited to the local climate. Valley Oak and California Sycamore trees are placed along the Sterling Avenue frontage, at the corners of the Building A parking area, and in front of the leasing office.

Chinese Elm, Shademaster Honey Locust, and Golden Rain trees are placed around the remaining perimeter of the site and within the landscape planters within the parking area.

The landscape planter along the southern boundary of the site specifically features Marina Strawberry, Peppermint, and Maiden Hair trees. The landscape planters located at each corner of the site contain clusters of Aristocrat Flowering Pear trees. The corners of each building pad are embellished with a variety of palm trees that include Queen Palms, Date Palms, and Mediterranean Fan Palms.

The tot lot and community amenities area within Building A feature a range of Red Plush Chine Pistache, Catalina Cherry, and Lavender Crape Myrtle trees as well as a variety of groundcover. There are several types of Background shrubs that include Bay Laurel and Catalina Cherry, Midground shrubs that include Fruitland Silverberry and Azure Bush Germander, and Foreground shrubs that include Indian Hawthorn and Texas Ranger.

The rest of the groundcover placed in the landscape planters and setback areas includes Hybrid Sterile Coyote Bush, Orchid Rose, and Australian Rosemary, all of which are considered to be drought tolerant with low water consumption rates.

As mentioned, there are required landscape planters between every eight ( 8) parking spaces within the general parking area along the perimeter of the property, satisfying the landscape requirement per the City' s Parking Regulations.

The Landscape Plan was reviewed by the City' s Landscape Architect and found to be suitable for a multi -family residential complex as proposed. However, additional attention shall be given to complement the unique design character of the site, particularly along the drive aisles and near the leasing office area. Landscape Conditions have been included as part of the Planning Conditions of Approval. These include requirements to increase tree sizes, show shade calculations to verify the attempt to limit heat island effect, include enhanced paving treatments, and considering the use of decorative pottery or other structured methods of protecting plant materials in high use areas.

Building Elevations
The Applicant has proposed a modern overall design with a variety of different accents that include painted stucco finishes, manufactured stone veneer, wood composite panels, and anodized metal rails.

The ground/ first floor garage doors are comprised of anodized metal. The second, third, and fourth floors of the building consist of primarily Sherwin- Williams " Cotton White" stucco accented by " Woven Wicker" taupe and " Amazing Gray" stucco every two ( 2) to -7-
City Council
October 10, 2023 Halcyon — Helios Holdings, LLC
three ( 3) units. Vertical accents of "Well -Bred Brown" stucco along the sides of each unit provide additional aesthetic variety. The roof of the building is relatively flat and features roof parapets finished in " Caviar" black and " Software" gray. The roofline itself has a mix of hip and gable ends to create interest, depth, and shadows. The sections along the exterior stairwells are further accented by wood composite paneling while the primary entrance gate to the complex features a stone veneer vertical sign that reads " Halcyon".

The buildings have an ultimate height of 52. 7- feet at peak, just under 3- feet short of the maximum building height of 55- feet in the " R-4" Zoning District.

Photometrics
Parking lot lights include building and pole mounted LED products which are constructed of precision cast aluminum body and door frame, stainless steel hardware, and a black metallic finish. The site is well illuminated at its access points, along the building, and the parking lot. The Plan meets the Code requirement for an average of 0. 5- foot candles at perimeter locations adjacent to a commercial/ industrial uses and 0. 0-foot candles at locations adjacent to other residential uses.

Parking
As mentioned above, the developer is granted a parking deviation from the conventional R- 4" Zoning District parking standards in conjunction with the project Density Bonus. The standard parking requirements per Section 16. 52. 030 of the Highland Municipal Code require 458 total parking spaces. Per Density Bonus Law, the parking requirement can be reduced to 288 total parking spaces. The Applicant has provided a total of 418 total parking spaces ( 40 space reduction), including 91 single -car parking garages.

The provided parking arrangement also features six ( 6) ADA accessible stalls, two ( 2) along the tot lot by Building A and four ( 4) within Building B. There are also twenty-four 24) dedicated electric vehicle spaces located within Building B and an additional eleven 11) spaces located along Building A.

Open Space
The " R- 4" Zoning District development standards per the Highland Municipal Code require a minimum of 30% ( and in some cases as low as 25%) of the net project area be designated as public open space, equivalent to 88, 470 square feet. Density Bonus law grants the developer a reduction to this requirement in the form of a " waiver" as mentioned above. Per the deviation, the Applicant has proposed a total public open space area of 9% ( 70% reduction), or 26, 541 square feet, which includes the tot lot, community pool, and barbeque area.

The " R- 4" Zoning District development standards also require private open space in addition to common areas. Specifically, each ground/first floor unit must include a 150 -8-
City Council
October 10, 2023 Halcyon — Helios Holdings, LLC
square foot patio and second, third, and fourth floor units shall include a 100 square foot balcony. While the first/ground floor units include 150 square foot patios to satisfy this standard, the second, third, and fourth floor units include 60 square foot balconies which is permitted as a Density Bonus " incentive" ( 40% reduction).

Variance
Wall/ Fence Plan
The maximum allowable wall and fence height within the " R- 4" residential Zoning District per Section 16. 40. 100 of the Highland Municipal Code is 6- feet. The Applicant conveyed to Staff that due to the overall size of the development and the logistics of securing a multi -family residential complex along a primary thoroughfare like Sterling Avenue, slightly taller perimeter fencing would be suitable. The Applicant has proposed a 7. 75- foot tall CMU block wall around the entire perimeter of the site. The access gates at the two ( 2) Sterling Avenue entrance/ exits as well as the emergency exit onto Elm Street will be constructed of 7. 75-foot tall tubular steel. The security fencing along the pool area within Building A will be a combination of the 7. 75- foot tall CMU block wall and black tubular steel. The access gates will be operated by remote and swing inward toward the property ( Attachment 5 — Resolution for a Variance).

Lot Line Adjustment
Prior to the development of this site, the Applicant is required to have Lot Line Adjustment LLA 23-003) completed and recorded with the County of San Bernardino. The site is currently comprised of three ( 3) separate parcels. The proposed Lot Line Adjustment will reposition the existing parcel boundaries so that Building A will be on its own parcel and Building B will be on its own parcel. The Applicant explained that instead of a traditional Parcel Map to consolidate the three ( 3) parcels, a Lot Line Adjustment will allow for the flexibility of a phased development over a period of time. However, to ensure effective property management and consistent long-term property maintenance over the entire project ( both phases), a condition was added to require the two lots created by the Lot Line Adjustment be merged into one ( 1) parcel prior to the issuance of a Certificate of Occupancy for the second phase (Attachment 6 — Resolution for Lot Line Adjustment).

WQMP
The underground stormwater infiltration basins for the development are located along the western boundary of the site, under the guest parking spaces. The Conceptual Water Quality Management Plan ( WQMP) has been reviewed and approved by the City' s Public Works Division which addresses the topography, stormwater collection basins, and proposed water drainage paths for the site.
-9-
City Council
October 10, 2023 Halcyon — Helios Holdings, LLC
Grading Plan
The site is relatively flat, with elevations of approximately 111 feet on the east end and 106 feet on the west end. Finished grades will slope towards drainage swales along the northern and southern boundaries to the west end where the underground stormwater infiltration basins are located. The Site Aerial photo shows the current state of the property as well as the surrounding parcels and boundary walls.

ENVIRONMENTAL REVIEW: An Initial Study was prepared for the project and potential impacts to air quality, biological resources, tribal/ cultural resources, noise, as well as geology and soils were identified. Project specific mitigation measures have been included to reduce said impacts to below a level of significance and the list of measures have been included in the Mitigation Monitoring and Reporting Program ( MMRP) and Planning Division Conditions of Approval.

A Notice of Intent to Adopt a Mitigated Negative Declaration ( MND) was circulated through the California State Clearinghouse and made available for public comment between August 1, 2023, and August 30, 2023. The Notice was mailed to surrounding property owners within 300 feet as well as interested agencies and parties at their request.

The Notice was also posted on the City' s website, outside City Hall, the Sam J. Racadio Library and Environmental Learning Center, and Fire Station # 1. No comments received as of the publishing of this City Council Staff Report.

Based upon the Findings of the Initial Study and adoption of the Mitigation Measures, the Project will not have a significant impact upon the environment. The Planning Commission recommends adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program ( Attachment 7 — Resolution for a Mitigated Negative Declaration & MMRP).

PUBLIC COMMENT: At the time of preparing this report, staff had received one letter with concerns regarding impacts on schools, traffic, building heights, and law enforcement. It asked that the City require a full- time on -site manager, establish regulations regarding property maintenance, maximum occupancy standards, and adequate ingress/ egress ( Attachment 8 - Public Comment Letter). Staff addressed these concerns in the Staff Report and within the project Conditions of Approval.

PREVIOUS ACTION: On September 19, 2023, the Planning Commission adopted Resolutions Nos. 2023-40, 41, 42, 43, and 44 recommending the City Council approve each of the project' s entitlements (Attachment 9 - Draft PC Minutes). The Commission also issued directives with respect to the project's design ( Attachment 10 - PC Design Directives). The City Council should discuss these directives and advise staff whether or not to implement them.
-10-
City Council
October 10, 2023 Halcyon — Helios Holdings, LLC
ANALYSIS: The proposed 220- unit apartment complex is consistent with the Zoning and Land Use designation of " R- 4". As aforementioned, the proposed Density Bonus and Inclusionary Housing Agreement will grant the Applicant a deviation from the Parking Standards and Open Space Requirements for the " R- 4" Multi -Family Residential Zoning District. Per the adjusted parking standards, the Applicant has provided 418 total parking spaces on the site, surpassing the allowable Density Bonus adjustment down to 288 parking spaces. Additionally, an incentive as part of the Density Bonus was the reduction in the private open space requirement allowing the second, third, and fourth story units to feature balconies of only 60 square feet as opposed to the 100 square feet required by the " R- 4" Multi -Family Residential Zoning District standards. As stipulated in the Inclusionary Housing Agreement, eleven ( 11) of the 220 residential units will be set -aside for families earning 50 percent or less of the Area Median Income ( i. e., Very Low Income) at an affordable rent or 35. 9 percent of the Inclusionary Housing requirement, therefore the Applicant is requesting a proportional adjustment in the remaining Inclusionary Housing Fee to be paid for the remaining units. The project satisfies all other relevant Municipal Code development standards and provides a quality multi -family housing project that is much needed in the City and region due to increasing population and local employment growth. The Planning Commission recommends approval of the proposed 220- unit multi -family residential development.

ATTACHMENTS:
1) Area Map
2) Project Plans ( 11x17" with large scale under separate cover) 3) Resolution for Design Review Application ( DRA 23- 001) Exhibit A: Conditions of Approval
Exhibit B: Project Plans
4) Resolution Density Bonus & Inclusionary Housing Agreement Exhibit A: Agreement
5) Resolution for Variance ( VAR 23- 003)
6) Resolution for Lot Line Adjustment ( LLA 23- 003)
Exhibit A: Lot Line Adjustment
Exhibit B: Conditions of Approval
7) Resolution adopting Mitigated Negative Declaration ( ENV 23- 005) Exhibit A: Initial Study/ Mitigated Negative Declaration Exhibit B: Mitigation Monitoring and Reporting Program ( MMRP) 8) Public Comment Letter
9) Draft PC Minutes
10) PC Directives
-11-

ATTACHMENT
Area Map
-12-
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-13-
ATTACHMENT 2
Project Plans ( 11x17 with larger plans provided
separately - Site Plan, Elevations, Floorplans,
Landscape)
-14-

DESIGN REVIEW APPLICATION

HALCYON
7536 STERLING AVE
HIGHLAND, CALIFORNIA 92410
HELIOS HOLDINGS, LLC. TABLE OF CONTENTS

PROJECTDATA
PROPOSED SITE AREA 294,901 SF IS 77 AC)
EXISTING ZONING: R- 4
DENSITY: MN. 201 MAX 30 ( DU / ACRE)
LOT COVERAGE: 27. 45%( 32. 5 DU/ ACRE)
BUILDING A( RESIDENTAJGARAGES) 32, 10E SF
BUILDING B( RESIDENrAlGARAGES) 44,443 SF
CLUBHOUSE BUILDING 4. 650 SF
SURFACE PARKING 136, 5595E
DPENSPACE 77, 1415E
ZONING REQUIRED: PROVIDED:

SETBACKS FRONT: 25 FT FRONT: 31 FT
INTERIOR SIDE YARD. 15 FT INTERIOR SIDE YARD: 62 FT
STREET SIDE YARD: 15 FT STREET SIDE YARD: 57 FT
REAR YARD: 15 FT REAR YARD: 55 FT
MAXIMUM HEIGHT 55 FT/ 4STORES 53 FT 14 STORES

MINIMUM DWELLING

UNIT SIZE ( SF)
STUDIO: 425 SF
1BEDROOM: 650 SF
2BEDROOM'. 8005E
3BEDROOM'. SOOSF
STUDIO 445SF
1BEDROOM: 705 SF
2BEDROOM: 9755E
3BEDROOM: 1109SF
STORAGE 200 CF PER UNIT ( MIN) 200 CF PER UNIT ( MIN)
PRNATE OPEN SPAC 150 SF ( GROUND FLOOR)
100 SF ( UPPER FLOORS)

PER UNIT
150 SF ( GROUND FLOOR)
60 SF ( UPPER FLOORS)'

PER UNIT
PUBLIC OPEN SPAC 30% OF SITE AREA 9% OF SITE AREA
PRIVATE AND PUBLIC OPEN SPACE PER DENSITY BONUS NCENTIVE.

HALCYON

HELIOS HOLDINGS LLC

HIGHLAND, CA

BUILDING DATA

CONSTRUCTION DATA
CONSTRUCTION TYPE: TYPE V- A
BUILDING HEIGHT: 53' a/ -
NO. OF STORIES: 4
TOTAL BUILDING FLOOR AREA: 274,931 SF
BUILDNGA: 117, 576 SF
BUILDING B: IB2J7 6SF
CLUSHOUSEBU0. DING 4649SF

APARTMENTS UNIT DATA

RESIDENTIAL UNITS BUILDING A BUILDING IS TOTAL MB(
LINT ST STUDIO 6 8 14 6%
UNIT iBR 1 BEDROOM 28 42 70 32%
UNIT 2BR 2 BEDROOM 49 54 103 47%
UNIT 3BR 3BEDROOM 7 26 33 15%
TOTAL S0 130 220 100%
UNIT
CALC
TYPE

REQUIRED

PARKING SPACES

REO' D PER UNIT
NO. OF SPACES

OF UNITS REQUIRED
ST STUDIO 1. 0 PER UNIT 14 14
1BR 1 BEDROOM 1. 0 PER ENT 70 70
2BR 2 BEDROOM 1. 5 PER UMT 103 154. 5
3BR 3BEDROOM 1. 5 PER ENT 33 49. 5

TOTAL RESIDENTIAL
CALC

SPACES REQUIRED
Surface (On Site) 327
Private Parking Garages 91
TOTAL. RESIDENTIAL. PARKING PROVIDED 418

TITLE SHEET

ARCHITECTURAL ENTITLEMENT SET
A0. 0 TITLE SHEET, PROJECT INFORMATION
A1. 0 SITE PLAN / GROUND FLOOR BUILDING PLAN
A1. 1 2nd FLOOR BUILDING PLAN
A1. 2 3rd FLOOR BUILDING PLAN
A1. 3 4th FLOOR BUILDING PLAN
A2. 1 BUILDING A - SOUTH AND WEST ELEVATIONS
A2. 2 BUILDING A - NORTH AND EAST ELEVATIONS
A2. 3 CLUBHOUSE - ELEVATIONS
A2. 4 BUILDING B - SOUTH AND WEST ELEVATIONS
A2. 5 BUILDING B - NORTH AND EAST ELEVATIONS
A2. 6 BUILDING B - COURTYARD EAST AND WEST ELEVATIONS
A3. 0 SITE SECTION
A4. 1 PERSPECTIVE
A4. 2 PERSPECTIVE
A4. 3 PERSPECTIVE
OWNER and APPLICANT: ARCHITECT. CIVIL ENGINEER: LANDSCAPE ARCHITECT Helios Holdings, LLC Danlelian Associates DRC Engineering, Inc Mark Beall + Associates 18952 Mac" hur BNtl Suite 210 50 Corporate Park, 1605. Old Springs Rd, 5Uite 210 7033 W Sunset Blvd, Suite 216 Irvine, CA 92612
Irvine, CA W606 Anaheim Hills, CA 92808
Los Angeles, CA 90028
ProjectC C,, t'.

Project Contact: Project Contact:

Project COntact:

Jonhan at Webb Daniel Gehman, AIA Rene Varga, P. E. Mark Beall Ph. 3111111911
Ph. 949. 430. 1563 Ph. 714. 685. 6860
Ph. 323. 465, 1450
IWebb972@errYdcom
dgehman@danielian rvarga@dre- eng. com
info@mbeall. com

LEGAL DESCRIPTION DENSITY BONUS
API02) 8- 13t"( 4151" R1I
APR0270- 13td6 ( 0 71 ACRES)

RESIDENTIAL UNITS CONSIST
BEDROOM AND THREE BEDROOM UNITS OF A MIXAS OF FOLLOWS'. STUDIO, ONE -BEDROOM. TWO AP N.. 0278- 13147 ( 181 ACRES)
203) BASE DENSITY UNITS ( 92%)
n7) DENSITY BONUS UNITS ( eY. l

PROJECT DESCRIPTION

THE PROJECT CONS ISTS OF ARCHITECTURALANDSTEIMPROVEMENTSTOTHREE CONTIGUOUS LOTS COMPRISING A TOTAL OF 6T7 ACRES.

TOTAL ( 220) UNITS
THE OJECT CON515TS OF TWO FOURSTORY RESIDENTIAL BUILDINGS. BOTH BUILDINGS WILL CONSIST OF THREE STORIES OF A 186 STACKED FLAT RESIDENTIAL UNITS ON A PODIUM STRUCTURE OVER 91 PRIVATE ENCLOSED PARKING GARAGES

ALONG WITH M GROUND FLOOR RESIDENTIAL UNITS
sN ENITY BUILDING CONNECTS TO THE NORTH BUILDING ( BUILOING A) AND CONSISTS INCLCLUBHOUSE, UDES A SWIMMINGFTNESS POOL. CENTER SPA, TOTANDLOTLEASING AND OUTDOOR CENTER. AlAN05CAPEDCOURYARD LOUNGE AREAS.

THE BALANCE OF THE STE IMPROVEMENTS INCLUDE 327 SURFACE PARKING SPACES, AND LANDSCAPING.
3 o ti
D Highland Creek
D
rp
E. Baseline St.
9th St.

VICINITY PLAN

NOT TO SCALE

PROJECT

LOCATION
22111. 00 2023- 8- 04 • • 0 • 0

DANIELIAN I A S S O C I A T E S
a r c h I t e c t s r p l a n n e r s
-15-

RESIDENTI
ZONE

HALCYON

HELIOS HOLDINGS LLC

HIGHLAND, CA
F---
cn
R
B C
0 30 60 120 FEET
GROUND FLOOR BUILDING PLAN SCALE: 1"= 30'- 0"

ARCHITECTURAL ENTITLEMENT SET
22111. 00 2023- 8- 04 A 1 . 1

I DANIELIAN I A S S O C I A T E S
a r c h i f e c f s In p l a n n e r s
-16-

HALCYON

HELIOS HOLDINGS LLC

HIGHLAND, CA
2nd FLOOR BUILDING PLAN

ARCHITECTURAL ENTITLEMENT SET
030 60 120FEE'
SCALE: 1 "= 30'- O"
22111. 00 2023. 8_ 04
A 1_. .
2 DANIELIAN A S S O C I A T E
S
arch i tect s •
p lanners
-17-

HALCYON

HELIOS HOLDINGS LLC

HIGHLAND, CA
3rd FLOOR BUILDING PLAN

ARCHITECTURAL ENTITLEMENT SET
0 30 60 120FEET
SCALE: 1 "= 30'- 0"
22111. 00 2023. 8- 04 A1.
3 DANIELIAN I A S S O C I A T E
S
arch i tectsap l anners
-18-

HALCYON

HELIOS HOLDINGS LLC

HIGHLAND, CA
R
4th FLOOR BUILDING PLAN

ARCHITECTURAL ENTITLEMENT SET
0 30 60 120FEET
SCALE: 1 "= 30'- 0"
22111. 00 2023- 8- 04 A1. 4

DANIELIAN A S S O C I A T E S
a r c h 1 t e c t s • p l a n n e r s
-19-
w
N
SOUTH
1 / 16" = 1 '- 0"
1 / 16' = 1 '- 0"

HALCYON

HELIOS HOLDINGS LLC

HIGHLAND, CA
BUIL.DI_NG_TYPE_ A _-ELEVATIONS

ARCHITECTURE ENTITLEMENT SET

KEYNOTES
PAINTED STUCCO: SW 7104 Cotton White
PAINTED STUCCO: SW 7044 Amazing Grey
PAINTED STUCCO: SW 9104 Woven Wicker
PAINTED STUCCO: SW 6990 Caviar
PAINTED STUCCO: SW 7074 Software
PAINTED STUCCO: SW 7027 Well -Bred Brown
PAINTED STUCCO: SW 6171 Chatroom
0 MANUF. STONE VENEER : WHISPER WHITE
COMPOSITE PANELS: WOOD FINISH

WHITE VINYL WINDOW FRAMES

WALL TILE

METAL GARAGE DOOR
ANODIZED STOREFRONT SYSTEM: BLACK

PAINTED METAL TRELLIS

METAL GUARDRAILS
COMPOSITE PANELS: METAL FINISH
22111, 00__-- - 2029 OM4 _. J_..Z-._. J_

DANIELIAN I A S S O C I A T E S
-20- a r c h i t e c i s . p l a n n e r s
NORTH
1 / 16" = 1 '- 0"
Aft w A O
EAST
1 / 16" = 1 '- 0"

HALCYON

HELIOS HOLDINGS LLC

HIGHLAND, CA

KEYNOTES
PAINTED STUCCO: SW 7104 Cotton White
PAINTED STUCCO: SW 7044 Amazing Grey
PAINTED STUCCO: SW 9104 Woven Wicker
PAINTED STUCCO: SW 6990 Caviar
PAINTED STUCCO: SW 7074 Software
0 PAINTED STUCCO: SW 7027 Well - Bred Brown
i/ PAINTED STUCCO: SW 6171 Chatroom
0 MANUF. STONE VENEER : WHISPER WHITE
10 COMPOSITE PANELS: WOOD FINISH

WHITE VINYL WINDOW FRAMES

G WALL TILE

METAL GARAGE DOOR
ANODIZED STOREFRONT SYSTEM : BLACK
0 PAINTED METAL TRELLIS

METAL GUARDRAILS
COMPOSITE PANELS: METAL FINISH
BUILDING TYPE_A ELEVATIONS _ ___-- 22111W---
1 202308- 04 A2.2

ARCHITECTURE ENTITLEMENT SET DANIELIAN I A S S O C I A T E S -21- a r c h i t e c t s • P l a n n e r s
SOUTH
3/ 32" = 1'- 0"
40 NORTH
3/ 32" = 1 '- 0"

HALCYON

HELIOS HOLDINGS LLC

HIGHLAND, CA
DI
WEST
3/ 32" = l'- 0"
EAST
3/ 32" = 1'- 0"

CLUBHOUSE ELEVATIONS

ARCHITECTURE ENTITLEMENT SET

KEYNOTES
PAINTED STUCCO: SW 7104 Cotton White
PAINTED STUCCO: SW 7044 Amazing Grey
PAINTED STUCCO: SW 9104 Woven Wicker
1 PAINTED STUCCO: SW 6990 Caviar
0 PAINTED STUCCO: SW 7074 Software
0 PAINTED STUCCO: SW 7027 Well -Bred Brown
Q PAINTED STUCCO: SW 6171 Chatroom
MANUF. STONE VENEER: WHISPER WHITE
COMPOSITE PANELS: WOOD FINISH

WHITE VINYL WINDOW FRAMES

WALL TILE

METAL GARAGE DOOR
ANODIZED STOREFRONT SYSTEM: BLACK

PAINTED METAL TRELLIS

METAL GUARDRAILS
COMPOSITE PANELS: METAL FINISH
2023 U8-0 4AV92...3

DANIELIAN I A S S O C I A T E S
-22- a r c h i t e c t s . p l a n n e r s
00 GV
SOUTH
1 / 16' = V- 0"
WEST
1 / 16' = 1 '- 0"

HALCYON

HELIOS HOLDINGS LLC

HIGHLAND, CA
BUILDING TYPE_ B ELEVATIONS_

ARCHITECTURE ENTITLEMENT SET

KEYNOTES
19 [—]PAINTED STUCCO: SW 7104 Cotton White
0 PAINTED STUCCO: SW 7044 Amazing Grey
0 PAINTED STUCCO: SW 9104 Woven Wicker
0 PAINTED STUCCO: SW 6990 Caviar
PAINTED STUCCO: SW 7074 Software
PAINTED STUCCO: SW 7027 Well - Bred Brown
PAINTED STUCCO: SW 6171 Chatroom
MANUF. STONE VENEER : WHISPER WHITE
COMPOSITE PANELS: WOOD FINISH

WHITE VINYL WINDOW FRAMES

WALL TILE

IS METAL GARAGE DOOR
ANODIZED STOREFRONT SYSTEM: BLACK

PAINTED METAL TRELLIS

METAL GUARDRAILS
COMPOSITE PANELS: METAL FINISH
22_11J. Q0 493%- 04 - A2,4

DANIELIAN I A S S O C I A T E S
a r c h i t e c t s . p l a n n e r s
-23-
T. O. R
0 0
i"
4,h F. F.
b3,d F. F.

C9
2nd F. F.

C9
0 bt F. F.

CV
LO
NORTH
1 / 16" = 1 '- 0"
r_N
1 / 16" = V- 0"

HALCYON

HELIOS HOLDINGS LLC

HIGHLAND, CA
A w.

BUILDING TYPE B ELEVATIONS

ARCHITECTURE ENTITLEMENT SET
A

KEYNOTES
O PAINTED STUCCO: SW 7104 Cotton White
PAINTED STUCCO: SW 7044 Amazing Grey
PAINTED STUCCO: SW 9104 Woven Wicker
PAINTED STUCCO: SW 6990 Caviar
PAINTED STUCCO: SW 7074 Software
PAINTED STUCCO: SW 7027 Well -Bred Brown
PAINTED STUCCO: SW 6171 Chatroom
MANUF. STONE VENEER: WHISPER WHITE
COMPOSITE PANELS: WOOD FINISH

WHITE VINYL WINDOW FRAMES

WALL TILE

METAL GARAGE DOOR
ANODIZED STOREFRONT SYSTEM: BLACK

PAINTED METAL TRELLIS

METAL GUARDRAILS
COMPOSITE PANELS: METAL FINISH
2211. 1,: 00 _ 2023 08- 04 _ /== 12.a..5

DANIELIAN
L__ A S S O C I A T E S
-24- a r c h i t e c t s . p l a n n e r s
00 CN
LO
EN
LO
1 / 16" = 1 '- 0"
1 / 16" = 1 '- 0"

HALCYON

HELIOS HOLDINGS LLC

HIGHLAND, CA

KEYNOTES
PAINTED STUCCO: SW 7104 Cotton White
PAINTED STUCCO: SW 7044 Amazing Grey
Is r PAINTED STUCCO: SW 9104 Woven Wicker
PAINTED STUCCO: SW 6990 Caviar
PAINTED STUCCO: SW 7074 Software
PAINTED STUCCO: SW 7027 Well - Bred Brown
Q PAINTED STUCCO: SW 6171 Chatroom
0 MANUF. STONE VENEER : WHISPER WHITE
IS COMPOSITE PANELS: WOOD FINISH

WHITE VINYL WINDOW FRAMES

WALL TILE

METAL GARAGE DOOR
ANODIZED STOREFRONT SYSTEM: BLACK

PAINTED METAL TRELLIS

METAL GUARDRAILS
COMPOSITE PANELS: METAL FINISH
BUILDING TYPE B ELEVATIONS _ __ 20230SINA2._6

ARCHITECTURE ENTITLEMENT SET DANIELIAN I A S S O C I A T E S -25- a r c h i t e c t s • p la n n e r s

SITE SECTION A -A

SITE SECTION B- B

SITE SECTION C- C

HALCYON

HELIOS HOLDINGS LLC

HIGHLAND, CA
ELM ST.

SITE SECTIONS

ARCHITECTURAL ENTITLEMENT SET
0 30 60 120 FEET
SCALE: 1"= 30'- 0" 22111. 00 2023. 8- 04 A3. 0

DANIELIAN I A S S O C I A T E S
a r c h i t e c t s n p a n n e r s
-26-

HALCYON

HELIOS HOLDINGS LLC

HIGHLAND, CA
PERSPECTIVE VIEW 1- -

ARCHITECTURE ENTITLEMENT SET
411-v,
Y
2211 2023 GM4 A5. 0

DANIELIAN I A S S O C I A T E S
a r c h i t e c t s . p a n n e r s
-27-
also
-28-
WE moo,
IL
i 1 - _ i•_ I`' II i ._ ---
I . IIIIIIIIIL, I - I ,
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-29-

IRRIGATION AND LANDSCAPE DESIGN NOTES

1. LANDSCAPE SHALL ADHERE TO THEM OF HIGHLAND MUNICIPAL CODE 16. 40. 2, FINAL STREET TREE SELECTION WILL BE COORDINATED WITH THE CITY LANDSCAPE ARCHITECT.

3. IRRIGATION SHALL BE WATER CONSERVING AND CONFORM TO THE STATE OF CALIFORNIA AB1881 MWELO REQUIREMENTS.

PLAN CHECK SUBMITTAL WILL INCLUDE MAWA, ETWU, AND MWELO CALCULATIONS AS WELL AS WATER SCHEDULES. 4, PLANTS SHALL BE GROUPED INTO HYDROZONES UTILIZING THE WUCOLS ( WATER USE CLASSIFICATION OF LANDSCAPE SPECIES) AND A HYDROZONE PLAN WILL BE PART OF THE PLAN CHECK SUBMITTAL.

S. ALL LANDSCAPE AREAS SHALL BE EITHER A I' MINIMUM LAYER OF DECOMPOSED GRANITE OR DECORATIVE COBBLE IN SPECIALIZED AREAS, 80% OF THE SITE SHALL BE HEAVILY MULCHED WITH A 3' MINIMUM DEPTH OF A SHREDDED WOOD MULCH

AT THE END OF CONSTRUCTION,

6. INSTALL HIGH EFFICIENCY IRRIGATION SYSTEM WITH SMART CLOCK CONTROLS.

7. TURF AREAS ARE EXCLUDED FROM THIS SITE ( 0%) IN FAVOR OF DROUGHT TOLERANT PLANTINGS ALL GROUND MOUNTED ELECTRICAUMECHANICAUWATER EQUIPMENT SHALL BE EFFECTIVELY SCREENED WITH LANDSCAPING.

TREES WITHIN 6FT OF HARDSCAPE SHALL BE INSTALLED WITH AN APPROVED LINEAR ROOT CONTROL BARRIER ALONG THE EDGE OF THE HARDSCAPE ( 16 FEET TOTAL MIN. LENGTH FOR EACH TREE). 9, NO INVASIVE SPECIES SHALL BE PLANTED ON S RE. INVASIVE SPECIES ARE THOSE DEFINED BY THE CALIFORNIA INVASNE PLANT COUNCIL ( CAL- IPC) AND FOUND AT: HTTP/ ANWW. CAL- IPC. ORB/ IPIINVENTORYAMEEDLIST. PHP

OUTDOOR PRIVATE PATIOS --
FENCED DOG PARK W/ 48' BOX TREE IN

CIRCULAR CONCRETE SEAT WALL

PLANTER WITHIN ARTIFICIAL TURF -

SHADE STRUCTURE WI SEATING

E) PP UTILITY GATE ENTRANCE
r!
3 SHADE TREES W/ GARDEN SEATING 48' BOX
711

SCHEMATIC PLANT PALETTE - TREES
BOTANICAL NAME COMMONNAME SIZE / H20 HTXWD

EVERGREEN CONIFER TREES
CEDRUS DEODARA OEODAR CEDAR 24' BOXIM 70' X40'
PINUS CANARIENSIS PINUS CANARIENSIS 24' BOX/ M 70' X 30' PINUS ELDARICA MONDELL PINE 24" BOX / L 70' X 25'

VERTICAL EVERGREEN TREES
qp
JUNIPERUS CHINENSIS' SPARTAN' SPARTAN JUNIPER COLUMN 15 GAL I M 15' X 5' BRACHYCHITON POPULNEUS BOTTLE TREE 24' BOXIL 40' X25'

DECIDUOUS VERTICAL TREES
GINKGO BILOBA' AUTUMN GOLD' MAIDEN HAIR TREE 36" BOX/ M 35' X30'

EVERGREEN SHADE TREES
AGONIS FLEXUOSA PEPPERMINT TREE 24' BOX IL 30' X25'
ARBUTUS' MARINA MARINA STRAWBERRY TREE 24- BOX IM 35' X 25' j GEUERA PARVIFOLIA AUSTRALIAN WILLOW 24' BOX I 25X 20' OLEA EUROPEA' SWAN HILL' SWAN HILL OLIVE 36' BOX/ L 25' X 25'

DECIDUOUS SHADE TREES
L GLEDITSIA TRIANCANTHOS' SHADEMASTER SHADEMASTER HONEY LOCUST 24' BOXIL 40' X35' KOELREUTERIAPANICULATA GOLDEN RAIN TREE 36- Box / L 30' X35' L PISTACA X' RED PUSH' RED PUSH CHINESE PISTACHE 48" BOX/ M 35' X 35' ULMUS PARVIFOLLA CHINESE ELM 48' BOX/ L 50' X 50'
TREE
PLATANUS RACEMOSA CALIFORNIA SYCAMORE 48' BOX/ M 70' X45' ERRAGE
QUERCUS LOBATA VALLEY OAK 48' BOX/ M 70' X 70'

SMALL FLOWERING ACCENT TREES
CERCIS OCCIDENTALIS WESTERN REDBUD 2d' BOX I l 18, X 18, CHILOPSIS LINEARIS' BUBBA' BUBBADESERTWILLOW 24' BOXIL 25' X 25' LAGERSTROEMIA XWUSKOGEE' LAVENDER CRAPE MYRTLE 2d' lox IM 25' X15' MAGNOLIA GRANDIFLORA LITTLE GEM' LITTLE GEM SOUTHERN MAGNOLIA 36' BOX/ M 25' X 15' PARKINSONIA X* DESERT MUSEUM' THORNLESS PALO VERDE 36' BOX/ L 25' X 30' PRUNUS ILICIFOLIA LYONII CATALINA CHERRY 24' BOX IL 20' X 20' PRUNUSWRAUTER VESUVIUS' KRAUTER VESUVIUS PURPLE LEAF PLUM 24' Sox / M 20' X 15' PYRUS' ARISTOCRAT' ARISTOCRAT FLOWERING PEAR 36' BOX / M 30' X 20'

PALM FOCAL POINTS
HGRU

FAN PALM
pEAN DATE F f L

15. B
4W EQUM

SHASDOMNZOJANA AFF QUEEN M
ZW OVA --.,.—.

N
4r
iL
r ,
El
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El / EV
1 '.. ' :,: It E - .
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AUXILIARY TOT LOT FOR AGES 0 - 5 W/ SHADE

PERGOLA AND SEATING

GARDEN WALK W/ BENCH SEATING

AUXILIARY BARBECUE AREA W/ SHADE

PERGOLA AND TABLE SEATING FOR BLDG B

PREPARED UNDER THE

DIRECTION OF LICENSED

LANDSCAPE ARCHITECT
MARK BEALL RLA # 3640

ENHANCED PAVING AT CROSSWALKS - COLORED

OR STAMPED CONCRETE W/ TRUNCATED DOME

TILE BORDERS

ADDITIONAL SHADE TREES AT PARKING PARKING

WHERE SPACE AND PLANTING DEPTH PERMITS

NEW MASONRY SECURITY WALL

AROUND PERIMETER OF PROPERTY

SEE ELEVATIONS

HALCYON APARTMENT

CITY OF HIGHLAND, CALIFORNIA

POOL WI BAJA SHELF & SEPARATE SPA
r CHAISE LOUNGES
v
I
V v v
1 v v v v,
Rn"^
DTP j ..
qTV
I ILeavnp

ALTERNATING SOLID PRIVACY WALL

SECTIONS& OPEN FENCE PANELS ,-- -

BREAKS UP LONG POOL ENCLOSURE

LOUNGE SEATING W/ POTTED PLANTS
TABLE 1 CHAIR SEATING W/ UMBRELLAS
MAIN CHILDREN' S PLAY AREA FORAGES 2 - 12

WITH RUBBER MAT SURFACING AND BUILT- IN
CONCRETE BENCH SEATING W/ 3- 48' BOX

SHADE TREES FOR IMMEDIATE RELIEF
SCHEMATIC PLANT PALETTE- SHRUBS VINES AND GROUNDCOVERS LANDSCAPE AMENITIES KEY:

BOTANICAL NAME COMMONNAME SIZE / H20

PRIMARY CHILDREN' S PLAY AREA
A 0- 5AGETOTLOT
G 5- 12 AGE PLAY EQUIPMENT
LARGE/ SCREENING SHRUBS 8 RUBBER MAT SURFACING
ELAEAGNUS PUNGENS' FRUITLANDII' FRUITLAND SILVERBERRY 5GALIL PRIMARY COMMUNITY SPACE LAURUS NOBILIS BAY LAUREL 15 GAL IL DINING TABLE& CHAIRS WI SHADE STRUCTURE LEUCOPHYLLUM FRUTESCENS TEXAS RANGER 5GAL / L

FIREPIT AND LOUNGE SEATING
PRUNUS ILICIFOLIA LYONII CATALINA CHERRY 15GALIL

BARBECUE
RHAPIOLEPIS INDICA' MAJESTIC BEAUTY' MAJESTIC BEAUTY INDIAN HAWTHORN 15 GAL I POOL SPA WITH CHAISES, TABLES,& LOUNGE TEUCRIUM FRUTICANS AZURE BUSH GERMANDER 5 GAL / L

SEATING
XYLOSMA CONGESTUM SHINY XYLOSMA 5GAL/ M

BUILDING B - DOG PARK
8 FENCED
MEDIUM SHRUB MASSES 11 ARTIFICIAL TURF
CISTUS PURPUREUS ORCHID ROCKROSE 5GALIL
8 SHADE STRUCTURE AND SEATING
ILEX VOMITORIA' STOKES DWARF YAUPON HOLLY 5GALIL

BUILDING B - TOT LOT
LEUCOPHYLLUM LANGMANIAELYNNS LEGACY' LYNN' S EVERBLOOMING TEXAS SAGE 5GALIL A SMALL TOT LOT FOR CONVENIENCE

MYRTUS COMMUNIS' COMPACTA'

OLEA EUROPAEA LITTLE OLLE'

COMPACT COMMON MYRTLE
DWARFOLNE 5GALIML
8 SHADE STRUCTURE AND SEATING

RHAPHIOLEPIS UMBELLATAWINOR'

ROSMARINUS OFFICINALIS

DWARF YEDDO HAWTHORN

UPRIGHT ROSEMARY
5GALIM
5GALIL

BUILDING B- OUTDOOR COOKING AREA
p BARBECUE
WESTRINGIA FRUTICOSA AUSTRALIAN ROSEMARY 5GALIL

A SHADE STRUCTURE AND SEATING

SHADED SHORT TERM BIKE RACKS

SPREADING SHRUBS

BACCHARI THOMPSON' HYBRID COYOTE BUSH I GAL L
CARISSA MACROCARPA' ACRGCRN GREEN CARPET GREEN CARPET NATAL PLUM 1 GAL / M

COTONEASTER DAMMERI' CORAL BEAUTY CORAL BEAUTY COTONEASTER IGAL IM ROSMARINUS OFFICINALIS' PROSTRATA' PROSTRATE ROSEMARY 1GAL / L GRASSES, SUCCULENTS,

AND ACCENTS ALOE BARBADENSIS

YELLOW TORCH ALOE IGAL IL DIANELLA REVOLUTATITTLE REV
LITTLE REV FLAX LILY 5GALIL GA DIETES BICOLOR EUPHORBIA

MILII FORTNIGHT

LILY CROWNOFTHORNS
5GALIL VVV

EUPHORBIA RIGIDA
GOPHER
PLANT 1GAL IL PARVIFOLIA' RED OR YELLOW
1 RED OR YELLOW HUMMINGBIRD YUCCA 1GAL IL HESPERALOE JUNCUS PATENS CALIFORNIA RUSH GAL I Lx r' T R U E LOMANDRA LONGIFOLIA' BREEZE' BREEZE SPINY HEADED MAT RUSH 1GAL/ M NORTH MUHLENBERGIARIGENS DEER GRASS 1GALIM RED

ROSA' MEIDLAND' RED MEIDLAND
CARPET ROSE 5GAL IM VINES PANDOREA JASMINOIDES' ROSEA' PINKBOWERVWE 5GALIM VITIS
CALIFORNICA CALIFORNIA WILD GRAPE 5GALIL

O MAIN PEDESTRIAN ENTRANCE NEIGHBOR' S

EXISTING

BLOCK WALL MAIN

DRIVEWAY GATE AND VEHICULAR RESIDENTIAL

ENTRANCE LEASING OFFICE / PUBLIC
SEATING AREA PEDESTRAd

SECURITY GATE COMMUNITY

SEATING AREA

W/ SHADE PERGOLAS,

BARBECUE, DINING, AND FIREPIT SEATING
17 DATE PALMS AS VERTICAL
DESIGN

ELEMENT CREATES STRONG VISUAL PROJECT IDENTITY
@ STREET BARE ROOT
EQUIVALENT OF 4B BOX

TRANSFORMER III TRANSFORMER SCREENED
FROM

THESTREET EXIT ONLY
GATE Ie

WATER CONSERVING PLANTINGS

IN THE PUBLIC
RIGHT0E-WAY

AND SETBACK AREAS
Iye4 NONFLOWERING

STERLING FRONTAGE TREES -
48' BOXj^
u
1 N
COLORFUL.

FLOWERING TREES AND

MASSING SHRUB
AT

ENTRY TALL

SCREENING HEDGE AT

COMMERCIAL BUILDING LANDSCAPE
CONCEPT 08/04/
2023 L5, PROJECT

SUMMARY TOTAL
SITE: 292. 234
IF

TOTAL LANDSCAPE
AREA 32. 238 IF PERCENTAGE
OF LANDSCAPE AREA TO SITE: 11.
03 % TREE SUMMARY ( PER CITY OF HIGHLAND DEVELOPMENT CODE) TOTAL NUMBER OF TREES PROPOSED: 18415 GALLON RED' D (50%) 92 15
GALLON PROPOSED: 87 INCLUDES REMAINDER OF

PERIMETER PARKING LOT AND
SMALL ACCENT TREES AS NOTED) 24' BOX REDO (20%): 37 24. BOX PROPOSED: 39 INCLUDES MOST PARKING

LOT FINGER & CORNER ISLANDS)
36' BOX REQ' D (15%): 28 36'
BOX PROPOSED: 30 INCLUDES CORE COURTYARD

AREA SHADE TREES, QUEEN
PALMS, AND ACCENT ENTRY TREES) 48' BOX REQ' D (15%): 27 48-

BOX PROPOSED ( EQUIVALENT PALM SIZE IN
BROWN TRUNK FOOT)'. 28INCLUDES STREET FRONTAGE TREES, DATE PALMS PLAY

AREA DOG PARK SHADED SEATING) FUTURE DESIGN WILL ALSO PROVIDE FOR SHRUBS GRASSES, AND OTHER PLANTS AT THE FOLLOWING MINIMUM RATIO: 80%5 GALLON AND 20%1 GALLON ADDITIONAL 15 GALLON SHRUBS WILL BE PROVIDE AS NEEDED FOR

ACCENTS AND PRIVACY SCREENS WHERE DESIRED SPREADING SHRUBS SHALL BE UTILIZED AS'GROUNDCOVER'

AS NEEDED PAVING LEGEND UNCOLORED, SCORED CONCRETE PAVING W/

SMOOTH CEMENT

FINISH COLORED, SCORED CONCRETE PAVING ATIMPORTANT ENTRY AND GATHERING PLACES DECORATIVE 4.5X 9

PERMEABLE PAVERS

AT DRIVEWAY ENTRANCES DECORATIVE ASHLAR PATTERN PERMEABLE PAVERS IN SHADED

SEATING STABILIZED DECOMPOSED GRANITE AS PATHWAYS INSELECT AREAS 4PLANTING AREAS - DISTINCT YDR-. NE DESIGN

NATURAL,

OPEN PLANTING WITH DECOMPOSED GRAN RE
TOPDRESSING ARTIFICIAL TURF IN DOG RUN Sa 'i
3- LAYER OF -' GRAY GRAVEL
1= ENHANCED PAVING AT PEDESTRIAN CROSSWALKS W/

TRUNCATED

DOME TILE EDGING FOR EASIER WAYFINDING P L -
1 015' 30' 60' 120'
SCALE: 1" = 30'
-30-
Double Tower Ladder HOMpwi' 1 1
x
vV
at '} er or Lt=

POTTED PLANT ACCENTS ON ED

TERRACE '
I I '

BUILT- IN CONCRETE SEAT WALLS U V' V

SHADED INDOOR/ OUTDOOR II

AT PERIMETER PROTECTS I
V V COMMUNITY GATHERING AREA W/ v
PLANTING AREAS - -- ' — / FIREPIT & SEATING 1,

BUILT- IN SPA SEATING AREA W/ PRIVACY WALL
2YO - 12YO PLAY STRUCTURE IN UNDULATING 6FT CMU SECURITY WALL SEGMENTS AT \ RUBBER MAT SURFACING i POOL W/ FENCE PANELS BETWEEN PROVIDE

CENTERED W/ TWO ACCESS / TRANSPARENCY AND CREATES POCKETS FOR CHAISES

POINTS AND DURABLE SCREENING AND PLANTING
Play Panel 4 - School, Classic xawr}'
O
f • wc• j:•• w PRIVATE PATIO PRIVATE PATIO PRIVATE PATIO 114

EQUIPMENT/,POOL

BATHROOM
BLDG
I w
i
4'' r. i
PRIVATEc PATIO PRIVATE PATIOTEV
EV EV EV CV E E E V E EV 1
Compact
Compaq Compact CoL' Compaq G. Comp d Compaq C1dy C.. o Car onry Car o%h Car an7 Caron Car Carwn POTTED

PLANTS ALONG SEATING AREA TREE
SHADED SEATING 1 WALL/ FENCE DESIGN CREATES POCKETS FOR PALM NODE PLANTING AND SEATING NODES ON POOL DECK 6M -
2YO PLAY PANEL AREA W/ BUILT- IN CONCRETE - 1 — 8FT HT DECORATIVE ANGLED CMU SCREENING WALL SEAT

WALLS AND TABLES W/ UMBRELLAS FOR SEGMENTS W/ OPEN FENCE PANELS BETWEEN - SEE SOCIAL CONNECTIONS ELEVATIONS t

PRIVATE
PATIO r
COWORKi v
v FITNESS

CLUBHOUSE

SHADEDINDOOR/

OUTDOOR COMMUNITY

GATHERING AREA W/ TABLES &

SEATING PRIMARY
COMMUNITY ROOM BARBECUE \

PLANTING

STRIP SOFTENS WALL/

FENCE ELEMENT AT PARKING

PREPARED
UNDER THE -- — DIRECTION

OF LICENSED LANDSCAPE
ARCHITECT HALCYON APARTMENTS ENLARGED POOL/ PLAY AREAS PL- Z MARK BEALL RLA #3640 0 C' fi' 16 32' o
a a. a ° sue . 0 " ^• CITY OF HIGHLAND, CALIFORNIA 08/ 04/ 2023 SCALE: 1/8" = V- 0" -31-
ate} BUILDING B

FLOWERING TREES

BEAUTIFY THE

AMENITY SPACE

EXPERIENCE

STABILIZED DG

QPATH O

DOG PARK W/ ARTIFICIAL
TURF AND 5FT TALL WELDED

WIRE FENCING AND GATES

AND WASTE DISPOSAL

CONTAINER
9FT HT METAL PERGOLA

OVER A GATED AND FENCED

TRANSITIONAL DOG PARK
ENTRANCE W/ SEATING 7
Jetsetter withShade'

LOADING ZONE
Ys h'
r t
FLOWERING GARDEN PARK -.--

W/ ALLEE OF SHADE TREES

AND BENCHES
F—

ATE PRIVATE
y
0 PATIO

BUILDING B

PREPARED UNDER THE

DIRECTION OF LICENSED

HALCYON APARTMENTS LANDSCAPE ARCHITECT
MARK BEALL RLA # 3640
mow. , s. u, • CITY OF HIGHLAND, CALIFORNIA

BUILDING B

PRIVATE -
PATI O
O " 0: O
BUFFER
PLANTING i ,

SECOND TODDLER Y AREA W/

RUBBER MAT SURFACING
9 FT HT METAL PERGOLA AND

SHADED TABLE/ SEATING AREA AT

TODDLER PLAY AREA

STABILIZED DG PATH W/

ALTERNATING CONCRETE SEAT
WALLS
EV v
y
EV

DECIDUOUS SHADE TREES IN

PARKING LOT

PRIMARY GATHERING SPACE
W/ 9FT HT METAL PERGOLA &

SPECIALIZED PAVING
EV
EV

BARBECUE COUNTER W/
BACKSPLASH WALL —
00 O C
c
I--- 14'

PERGOLA SECTION

ENLARGED AMENITY AREAS
08/ 04/ 2023
oI
a

PRIVATE

PATIO /
vl
r
ao
a d

SCREENING

SHRUBS AT PATIOS

IN FRONT OF

PERIMETER WALL
j O
as

BUILDING B

OLIVE TREES LINE

NATURAL, DROUGHT

TOLERANT PLANTINGS

W/ DG TOPDRESSING
Q

VERTICAL

SCREENING

SHRUBS AT BLDG

ZONE IG ZONE

PERMEABLE PAVERS
P L- 3 0S' 6' 16, 32' SCALE:
118" = 1'• 0"
-32-

TALL HEDGE FRAMES ENTRY AND

SCREENS NEIGHBORING BUILDINGS
15 FT BROWN TRUNK HEIGHT
MACHO" DATE PALMS CREATES

PROJECT SKYLINE IDENTITY

DEPRESS WALL FOOTING TO ALLOW

FOR BAREROOT PALM PLANTING

SHADE TREE AT SEATING AREA

OUTSIDE LEASING OFFICE
10, 10,

EXIT GATE ENTRY GATE

LEASING
OFFICE
MAIN DRIVEWAY ENTRANCE AT LEASING OFFICE 2 NORTH EXIT ONLY GATE AT STERLING WALL SECTION IN NORTH/ SOUTH DIRECTION - 8FT

SPLIT FACE CMU MEDALLIONS WITH WALL HEIGHT MAINTAINED TO NORTHERN CORNER

ACCENT COLOR TO MATCH BLDG COLORS STING COLOR SPLIT FACE CMU

THROUGHOUT THE SITE MEDALLIONS SPACED THROUGHOUT THE SITE

STANDARD
W/ 4" CMU CAP
8X8X16 GRAY CMU BLOCK WALL
Pt F STD CMU SECURITY WALL
II
9-4- 9.41, / 28. 9' 4" I i / 26'
20' TOTAL OPEN WIDTH
T
1_ L. 1 1 I L
i L r
921
l
L iJ_ 1

J MAX HEIGHT IL

ELM STREET
4 ,) TYPICAL PERIMETER WALL W/ CONTRASTING CMU PATTERN ELM STREET EXIT ONLY GATE

PREPARED UNDER THE
DIREC._, ENSED

LANDSCAPE
ON OF

WINED LANDSCAPE ARCHITECT HALCYON APARTMENTS WALLS, GATES, AND FENCES MARK BEALL RLA # 3640
CITY OF HIGHLAND, CALIFORNIA 08/ 0412023
NDARY
EXIT
Y WALL
HRUBS
i
iR
L
-33-
PAIR
METAL
OF
EXIT
10FT
j
i
ONLY
WIDE

CONTINUE
I ,
GATES
24"

COLUMNS
SCALE:

PATTERN

TYPICAL
SWING
SQ

MEDALLION

SECONDARY
W/
BLACK
1/
SCALE:

LAYOUT
MOTOR
W/
4" =
AS
4"
PER
l' -

DECORATIVE
CMU
P
1/
0"
4" =
CMU
CAP
LTl' -
GATE
92'
T_
0"
4 IV
92 j POOL SECURITY FENCE AT PARKING
1 z
2 j SECTION AT STERLING / GUEST PARKING

PREPARED UNDER THE

DIRECTION OFA LICENSED

HALCYON APARTMENTS LANDSCAPE ARCHITECT
MARK BEALL RLA # 3640
ie..- 1. CITY OF HIGHLAND, CALIFORNIA

OPEN FENCE PANELS PROVIDE

TRANSPARENCY
i 3
15 FT BROWN TRUNK HEIGHT
r " MACHO" DATE PALMS CREATES

PROJECT SKYLINE IDENTITY
45 DEGREE CMU WALL SEGMENTS

CREATES PALM POCKETS FACING

GUEST PARKING

WALLS, GATES, AND FENCES
08/ 04/ 2023
SCALE: 3/ 16" = l' - 0"
48" BOX TREES ALONG STERLING

CREATES MATURE LANDSCAPE

PRESENTATION FOR NEW PROJECT
-34-

PREPARED UNDER THE

DIRECTION OF LICENSED

LANDSCAPE ARCHITECT HALCYON APARTMENTS SHADE STUDY
P L6
MARK BEALL RLA # 3640
o is ao • tm CITY OF HIGHLAND, CALIFORNIA 08104/ 2023 SCALE: 1" = 30' -35-

EVERGREEN

SHADE TREES

GEIJERA PARVIFOLIA ( AUSTRALIAN

WILLOPAO

AGONIS FLEXUOSA( PEPPERMINT TREE)

OLEA EUROPAEA' SWAN HILL' ( SWAN HILL

FRUITLESS OLIVE)

ARBUTUS ' MARINA' ( MARINA

STRAWBERRY TREE)
PINES

DECIDUOUS

SHADE TREES

PISTACIA X' RED PUSH'( RED PUSH

PISTACHE)
A

GLED ITSIA TRIANCANTHOS

SHADEMASTER'( SHADEMASTER

HONEYLOCUST)
0 KOELREUTERIA PANICULATA
GOLDEN RAIN TREE) _

FRAXINUS OXYCARPA' RAYWOOD' ( RAYWOOD ASH)

SMALL FLOWERING

ACCENT TREES

PYRUS CALLERYANA' ARISTOCRAT'

ARISTOCRAT FLOWERING PEAR)

ERTICAL TREES
t

JUNIPERUS CHINENSIS' SPARTAN' POPULNEUS

SPARTAN COLUMN JUNIPER) GINKGO BILOBA( MAIDENHAIR TREE)

BRACHYCHITON

BOTTLE TREE)

AAGNOLIA GRANDIFLORA' LITTLE GEM'

LITTLE GEM MAGNOLIA)

PRUNUS' KRAUTER VESUVIUS'

KRAUTER VESUVIUS PURPLE LEAF
PLUM)

CERCIS OCCIDENTALIS ( WESTERN

REDBUD)
ol
1 PINUS ELDARICA ( MONDELL PINE) _ . 1

PINUS CANARIENSIS ( CANARY ISLAND PINE)
CHILOPSIS LINEARIS ' BUBBA' ( BUBBA PARKINSONIA X' DESERT MUSEUM' - LAGERSTROEMIA HYBR@' MUSKOGEE'

DESERT WILLOW) ( THORNLESS PALO VERDE) ( LAVENDER CRAPE MYRTLE)

PREPARED UNDER THE

DIRECTION OF LICENSED

LANDSCAPE

MARK BEALLARCHITECT BEALL HALCYON APARTMENTS PLANT PALETTE w CITY OF HIGHLAND, CALIFORNIA 08/ 0412023
PALMS

CHAMAEROPS HUMILIS ( MEDITERRANEAN FAN
PALM)

PHOENIX DACTYLIFERA ( DATE PALM)

SYAGRUS ROMANZOFFIANA( QUEEN
PALM)

HERITAGE TREES

PLATANUS RACEMOSA( CALIFORNIA SYCAMORE) QUERCUS LOBATA( VALLEY OAK) P L- 7
-36-
LARGE SHRUBS r ` MEDIUM SHRUB
i S

OLEA EUROPAEA' COMPACTA' ( DWARF OLIVE) WESTRINGIA FRUTICOSA ( AUSTRALIAN ROSEMARY)

LEUCOPHYLLUM FRUTESCENS( TEXAS RANGER)
k '
e• ILEX VOMITORIA' STOKES' DWARF STOKES HOLLY)
f

LAURUS NOBILIS ( BAY LAUREL)
k
ry:

ELAEAGNU S' FRUITLANDII' ( FRUITLAND SILVERBERRY) „{ s, ,,., i •- :.; -- .. >+' < r 1 a '' ' X.
f —
L» "

PRUNUS ILICIFOLIA LYONII ( GATALINA CHERRY)

RHAPHIOLEPIS UMBELLATA MINOR' ( YEDDO HAWTHORN) LEUCOPHYLLUM LANGMANIAE LYNN' S LEGACY' ROSMARINUS OFFICINALIS ( UPRIGHT ROSEMARY)

LYNN' S EVERBLOOMING TEXAS SAGE) CISTUS PURPUREUS ( ORCHID ROCKROSE) MYRTUS COMMUNIS ( COMPACTA' ( DWARF MYRTLE)

TEUCRIUM FRUTICANS( GERMANDER) - P' VINES
i
a
r
a 1T( a RHAPHIOLEPIS' MAJESTIC BEAUTY' ( MAJESTIC
BEAUTY INDIAN HAWTHORN) $ t+'

XYLOSMA CONGESTUM ( SHINY XYLOSMA)

VITIS CALIFORNICA ( CALIFORNIA WILD GRAPE) PANDOREA JASMINOIDES' ROSEA' ( PINK BOWER VINE)

JUNCUS PATENS ( CALIFORNIA GREY RUSH) DIETES BICOLOR ( FORTNIGHT LILY) e
SPREADING SHRUBS , ,;,;=-. _ _ -- GRASSES, SUCCULENTS, AND ACCENTS

MUHLENBERGIA RIGENS ( DEER GRASS)
Aft
n.,,
k
c: ju d t 1 . ru ' •
J ' '
1 d... y cj.,
I - Y.

CARISSA i,1ACR0.' GREEN CARPET' ( GREEN CARPET NATAL PLUM) _ - \,' .`( ( JJJJJJ`` • L e_ v< —y -
t

EUPHORBIA RIGIDA ( GOPHER PLANT)

BACCHARIS' STARN' ( STERILE COYOTE BUSH)

ALOE BARBADENSIS ( YELLOW TORCH ALOE) DIANELLA REVOLUTA' LITTLE REV ( LITTLE REV FLAX LILY) v
F•`' y - i E PHORBIA MILII( CROWN OF THORNS)
2 .

LOMANDRA LONGIFOLI( BREEZE' ( BREEZE MAT RUSH)

COTONEASTER' CORAL BEAUTY' CORAL BEAUTY BEARBERR '' Y) L- - - - - - r

HESPERALOE PARVIFOLIA ( RED OR YELLOW YUCCA)

ROSMARINUS' HUNTINGTON CARPET (PROSTRATE ROSEMARY) ROSA' RED FLOWER CARPET ( RED FLOWER CARPET ROSE)

PREPARED UNDER THE

DIRECTION OF LICENSED

LANDSCAPE
BEALLRLA # ARCHITECTHALCYON 3640 APARTMENTS PLANT PALETTE P L - 8

MARK BEALL
@-- CITY OF HIGHLAND, CALIFORNIA 08/ 04/ 2023
-37-
CITY OF HIGHLAND OWNE APPLICANT Z, a

JONATHON WEBB
E reauaxD A H' P84LA

CONCEPTUAL GRADING PLAN

HOLDS HOLDINGS LLC
HERMOSA 840 ARDMORE BEACH, CACA 90254
i
310) 428- 1982

PROJECT AREA
HELIOS HIGHLAND NET AREA: 6. 77 AC

CIVIL ENGINEER
pACIRC Sr
I 105. ik5 R 1
Iw. eur my.5h5 •" DRC ENGINEERING, INC.
105. 6FL
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GROSS AREA: 6. 77 AC
160 S. OLD SPRINGS RD, SUITE 210 JOIN
1 _ _,
ANAHEM HILLS, CA 926 8-
P 18.
10 • , 1 , 1. 1% q• EX
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VARIES VARIES DISTURBED AREA 6.77 AC ( 714) 665- 6860 X337 EX. VACANT LOT i 2% PAI108. 1FS 10 . OFS
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10° NK

2. 4'- 5. 0' 0'- 25' 17. 5' 6. 0'
C oz' _ F- I SOIL ENGINEER BASE ONE SI R N
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CITY THE CONTOURS AND
ELEVATIONS SHOWN HEREON 160 S. Old
Springs Road SEAL REVISIONS CITY OF HIGHLAND CONCEPTUAL GRADING PLAN DIG ALERT ARE BASED ON THE FOLLOWING BENCHMARK: $ Ulle 210A== RECOMMENDED BY APPROVED BY CALL BEFORE YOU DIG BM NO.: EV9088 Engineering, Inc. Anohe In Hills, CA 92808 DRAWER N0. ELEV.:
1101. 16 (
CITY OF HIGHLAND BENCHMARK) 8 01 VERT,
DATUM: NAVDBB [
lull Engineering/ Land Surveying/ Land Planning 114- 665- 6860 ate' / 7//2 6/ 23 MATiHEW S. BENNETr R.C. E. 65100 GRL 0 R. C. E 601 CO- 1 OF 1 MARK DlscmrnoR R• wx Z letene Public Work, Director P,Mk Work, Diredw/ City Engineer SXEET ATTACHMENT 3
Resolution for Design Review Application
DRA 23- 001)
Exhibit A: Conditions of Approval
Exhibit B: Project Plans
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RESOLUTION NO. 2023 -

A RESOLUTION OF THE HIGHLAND CITY COUNCIL APPROVING
DESIGN REVIEW APPLICATION ( DRA 23- 002) FOR SITE PLAN,

LANDSCAPE PLAN, PHOTOMETRIC PLAN, GRADING PLAN, AND

BUILDING ELEVATIONS RELATED TO THE CONSTRUCTION OF A
220- UNIT, 4-STORY APARTMENT COMPLEX ON A VACANT 6. 77

ACRE SITE LOCATED ON THE WEST SIDE OF STERLING AVENUE,
250 FEET NORTH OF 9TH STREET.

ASSESSOR' S PARCEL NUMBERS: 0278- 131- 45, - 46, & - 47 APPLICANT: HELIOS HOLDINGS, LLC
A. RECITALS
On April 19, 2023, Helios Holdings, LLC ( the " Applicant") submitted ( 1) Design Review Application ( DRA 23- 002) for the site plan, landscape plan, grading plan, and building elevations related to the construction of a 220- unit multi -family apartment complex, ( 2) an application for a " density bonus" under Section

16. 40. 090 of the City Municipal Code related to Design Review Application ( DRA 23- 002), ( 3) an application for Lot Line Adjustment ( LLA 23- 003) to relocate the existing parcel boundaries and create separate parcels for the multi -phase development of the 220- unit multi -family apartment complex, and ( 4) an application for a Variance ( VAR 23- 003) to allow an increase in the maximum height for the perimeter fence/wall from 6- feet to 7. 75 feet in association with DRA 23- 002 and LLA23- 003 ( referred to collectively as " Project").

2. The Project is located on a 6. 77 acre site comprised of thee ( 3) parcels located on the west side of Sterling Avenue, 250 feet north of 9th Street, zoned Multifamily Residential ( R-4) with a General Plan Designation of Residential High Density Special Overlay.

3. On September 19, 2023, the Planning Commission of the City of Highland conducted a duly noticed public hearing on the Project, concluded the hearing on this date, and adopted Resolution No. 23- 045, recommending the City Council approve the Project.

4. On September 28, 2023, the notice of the public hearing was posted at the City' s three designated posting locations. In addition, the notice was posted on the City' s website, mailed to property owners within three -hundred ( 300) feet of the Project site, and was published in the San Bernardino Sun newspaper on September 29, 2023.

5. A duly noticed public hearing was held by the City Council on October 10, 2023, in the City Hall Council Chambers and notice of the time, date, place and purpose of -40-
the aforesaid hearing was given as required by applicable law. At the public hearing, the City Council took testimony, both written and oral, from various parties, including the Applicant.

6. All legal prerequisites to the adoption of this Resolution have occurred.

7. The Project was processed, including but not limited to all public notices, in the time and manner prescribed by State and local law, including the California Environmental Quality Act, Public Resources Code 21000, et seq. and the California Environmental Quality Act Guidelines, 14 Cal. Code Regs 15000 et seq. collectively referred to as " CEQA"). Pursuant to CEQA, an Initial Study was prepared for the Project and potential impacts to air quality, biological resources, tribal/ cultural resources, noise, as well as geology and soils were identified. A Mitigated Negative Declaration was prepared in accordance with CEQA Section 21080( c) and Section 15070 of the State CEQA Guidelines. The Mitigated Negative Declaration includes Project specific mitigation measures that reduce said impacts to below a level of significance and the list of mitigation measures have been included in the Mitigation Monitoring and Reporting Program ( MMRP).

Based upon the Initial Study, the Mitigated Negative Declaration, and the MMPR, the Project will not have a significant impact upon the environment.

B. RESOLUTION
NOW THEREFORE, it is hereby found, determined and resolved by the Highland City Council as follows:

1. The City Council finds that all of the facts set forth in the Recitals, Part " A" of this Resolution, are true and correct.

2. The Highland City Council, after due consideration, inspection, investigation and study made by itself and on its behalf, and after due consideration of all evidence and reports offered at said hearing, including the staff report to the City Council dated October 10, 2023, which is incorporated herein by this reference, does find and determine the following facts:
a. All necessary public meetings and opportunities for public testimony and comment have been conducted in compliance with State Law and the Municipal Code of the City of Highland.

3. Design Review Application ( DRA 23- 002) Findings of Fact:
a. That the proposed project is consistent with the general plan or specific plan.

Response: The General Plan designation for the site is Residential High Density Special Overlay, which supports residential housing developments of 20- 30 dwelling units per acre. The City's Certified Housing Element -41-
identifies the Project area as " Sites 3, 4 and 5", vacant with the potential to accommodate 134 residential units. It is labeled as " Lower Income Site" whose development density is consistent with State standards for low and very low- income families. The Project exceeds the expectations for the number of units to be developed at this location.

2. 1 to " bolster the City' s affordable housing supply the regulatory tools that encourage the development of and funding for quality lower- and moderate - income housing preservation and development".
b. That the proposed use is in accordance with the objectives of this title, and the purposes of the land use district in which the site is located.

Response: The land use district for the subject site is " R-4" which allows multi -family residential uses at 20 to 30 dwelling units per acre. Consistent with State law the Applicant has applied for a density bonus as the Applicant will be restricting 5% of the Project, eleven ( 11) total units, as affordable to very low- income households. As such, the developer is granted a deviation from the conventional " R- 4" standards pertaining to parking and open space.

Per Section 16. 52. 030 of the Highland Municipal Code, " R- 4" projects require

1. 5 spaces for studio and one -bedroom units, 1. 9 spaces for two -bedroom units, 2. 1 spaces for three -bedroom units, and 0. 3 spaces per unit dedicated to guest parking; 454 total. Government Code section 65915( p) provides that, upon the request of an applicant, the parking requirement for studio and one -bedroom units is reduced to 1 space while the requirement for two and three -bedroom units is reduced to 1. 5 spaces. These modified requirements include guest parking. Based on the standards set forth in Government Code section 65915( q) there are 288 total parking spaces required for a development of this size. The Applicant has provided a total of 418 total parking spaces, including 91 parking garages, as part of this development.

The " R- 4" development standards also require private open space in addition to common areas. Specifically, each ground/ first floor unit must include a 150 square foot patio and second, third, and fourth floor units shall include a 100 square foot balcony. While the first/ ground floor units include 150 square foot patios to satisfy this standard, the second, third, and fourth floor units include 60 square foot balconies. The Applicant has requested an incentive to allow a deviation from this development standard which the City is required to provide pursuant to State density bonus law.

Pursuant to Government Code section 65915( e), an applicant may submit to a city a proposal for the waiver or reduction of development standards that -42-
will have the effect of physically precluding the construction of the development of the project at the densities or with the concessions and incentives permitted pursuant to State density bonus law. The " R- 4" development standards per the Highland Municipal Code require a minimum of 30% of the net project area be designated as public open space, equivalent to 88, 470 square feet. The developer shall submit an application to deviate from this standard and include a total public open space area of 9%, or 26, 541 square feet, which includes the tot lot, community pool, and BBQ area. The developer must accommodate the affordable units in terms of offering the necessary physical space on the site plan to site the buildings with their associated circulation, parking, open space and setbacks. In addition, reducing these standards directly reduces the cost of construction which contributes to making the Project feasible.

The Project satisfies all other " R- 4" development criteria pertaining to setbacks, lot coverage, and building height.
c. That the proposed use is in compliance with city design and landscape standards and criteria.

Response: The Project is suitable and permitted within the " R- 4" Multi -Family residential zone and proposes to establish a 220-unit apartment complex on this vacant site. The Applicant has proposed a modern overall design with a variety of different accents that include painted stucco finishes, manufactured stone veneer, wood composite panels, and anodized metal rails.

The ground/ first floor garage doors are comprised of anodized metal. The second, third, and fourth floors of the building consist of primarily SherwinWilliams " Cotton White" stucco accented by " Woven Wicker" taupe and Amazing Gray" stucco every two ( 2) to three ( 3) units. Vertical accents of Well -Bred Brown" stucco along the sides of each unit provide additional aesthetic variety. The roof of the building is relatively flat and features roof parapets finished in " Caviar" black and " Software" gray. The roofline itself has a mix of hip and gable ends to create interest, depth, and shadows. The sections along the exterior stairwells are further accented by wood composite paneling while the primary entrance gate to the complex features a stone veneer vertical sign that reads " Halcyon".

The Project' s Conceptual Landscape Plan features a variety of evergreen and deciduous trees in addition to accent palms trees, shrubs, and groundcover well suited to the local climate. There are required landscape planters between every eight ( 8) parking spaces within the general parking area along the perimeter of the property, satisfying the landscape standards per the City' s Parking Regulations.
-43-
The Landscape Plan was reviewed by the City's Landscape Architect and found to be suitable for a large scale apartment complex as it relates to tree shade and spacing.
d. That the proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or will not be materially injurious to properties or improvements in the vicinity of the site.

Response: The Project will be in compliance with the Highland Municipal Code, Fire, and Building & Safety codes. Each public safety division of the City has reviewed the Project and provided relevant Conditions of Approval that will be adopted by resolution. The necessary ingress and egress as well as all public utilities and services will be established prior to the issuance of occupancy. There is no indication that the Project would be detrimental to the public health, safety or welfare, or materially injurious to properties and improvement in the vicinity.

4. The Project site is identified in the City' s 6t" Cycle Certified Housing Element as anticipated to provide 134 low- income housing units. The Project proposes to construct 220 housing units. The Project will construct eleven ( 11) very low-income housing units that will be restricted pursuant to Conditions, Covenants and Restrictions - Density Bonus and Inclusionary Housing Agreement. The remaining 209 units will be affordable to lower income households by virtue of density which allows a maximum density of 30 dwellings per acre by -right, and due to the rental market in the project area.

5. Based on the Findings and Conclusions set forth above, the Highland City Council approves Design Review Application ( DRA 23- 002), subject to conditions of approval.

Exhibit A attached includes the Project Plans.

Exhibit B attached includes the Conditions of Approval / MMRP C. ADOPTION OF RESOLUTION.
-44-
The City Clerk shall certify to the adoption of this Resolution and shall cause the same to be published or posted in the manner prescribed by law.

PASSED, APPROVED, and ADOPTED this 10t" day of October, 2023.

Larry McCallon, Mayor
ATTEST:

Betty Hughes, MMC
City Clerk
APPROVED AS TO FORM:

Maricela E. Marroquin
City Attorney
-45-

EXHIBIT A
Conditions of Approval
-46-

CITY OF HIGHLAND

PLANNING DIVISION CONDITIONS OF APPROVAL
Date: September 19, 2023
Applicant: Helios Holdings, LLC
File/ Index: Design Review Application ( DRA 23-002)
Proposal: Construction of a 220- unit, 4- story apartment complex.

Location: Three ( 3) vacant parcels, totaling 6. 77 acres in area, located on the west side of Sterling Avenue, 250 feet north of 9th Street.

Assessor' s Parcel Numbers: 0278- 131- 45, - 46, & - 47 Related Entitlements: Lot Line Adjustment ( LLA 23- 003) & Variance ( VAR 23- 003)

PLANNING CONDITIONS OF APPROVAL
These conditions of approval represent the Planning Divisions conditions of approval and are meant to be one part of overall conditions of approval that may include, Engineering, Building and Safety, Fire Department, and other agency conditions of approval.

The conditions below are continuing conditions. Failure of the applicant and/ or operator to comply with any or all said conditions at any time shall result in the revocation of this permit granted to use the subject property.

This Design Review Application shall become null and void:
a. Unless all conditions have been complied with and the occupancy or use of the land or structures authorized by this Design Review Application have occurred within thirty- six ( 36) months from the approval date of this Design Review Application, this Design Review Application shall expire and be null and void without further action by the City of Highland. b. Where circumstances beyond the control of the Applicant cause delays which do not permit compliance within the time limitation established in this Section, the Planning Commission may grant an extension of time for a period of time not to exceed an additional thirty- six ( 36) months. An application for an extension of time must be set forth in writing, stating the reasons for the extension, and must be filed with the Planning Division a minimum of thirty 30) calendar days prior to the expiration of the Design Review Application.

Such application shall be filed together with the City' s processing fee, as established by the City Council.

2. This Design Review Application is for the Site Plan, Landscape Plan, Photometric Plan, Grading Plan, and Elevations pertaining to the construction of a 220- unit, 4- story apartment complex on a 6. 77 acre site.
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a. The approval of the Design Review Application is applicable to the proposed use, Site Plan, Photometric Plan, Grading Plan, Landscape Plan, and design features on the apartment buildings.

3. The operator and recorded owner of the property shall submit to the Planning Division written evidence of agreement with all conditions of this approval before the approval becomes effective. Plan check shall begin prior to receipt of this signed documentation.

4. In compliance with the Highland Municipal Code, the Applicant/ Owner shall agree, at his/ her sole cost and expense, to defend, indemnify, and hold harmless, the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third -party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, Planning Commission, or other decision -making body, including staff, concerning this project. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve the Applicant/Owner of his/her obligations under this condition.

5. The Owner/ Applicant is responsible for implementing all conditions of approval to the satisfaction of the Community Development Director, City Engineer, and Fire Department. No final inspection or clearances shall be given until all conditions are met. Each condition of approval is separately enforced, and if one of the conditions of approval is found to be invalid by a court of law, all the other conditions shall remain valid and enforceable.

6. The subject property shall be developed in accordance with plans and materials approved by the Planning Commission, on file with the City of Highland Planning Division, and shall be in compliance with all conditions of approval contained herein. Revisions, modification, or deletions of associated plans must be submitted to the Planning Division for review and approval. Revisions may require additional review by the Planning Commission.

7. The Development Impact Fees that apply as of December 5, 2022, per S13330, shall be paid in accordance with City policy.

8. Prior to the issuance of building permits, a security system/ camera plan shall be submitted to the city and reviewed by the city' s police department in accordance with the HMC.

9. Automatic garage door openers shall be required for each garage.

10. There shall be 91 garage spaces available on the site, as depicted on the site plan.

The remaining required covered spaces may be satisfied by constructing a carport. -48-
If carports are utilized, submit a revised site plan and elevations to the Planning Division for review and approval.

11. Should the Applicant determine that more than one ownership of the approved project is desired, a phasing plan, related easements and conditions, covenants and restrictions ( CC& R) documents shall be reviewed and approved by the City Council.

Landscaping

12. Applicant shall provide landscape coverage calculations including overall percentage of landscape versus total parcel size to planting concept for further review.

13. Applicant shall provide additional elevations and exhibits that include typical planting along each adjacent property boundary for verification of design intent in comparison to existing conditions at adjacent property. Applicant shall include any restrictions such as wall footings or foundations so application of the appropriate plant material can be verified.

14. Applicant shall include a mix of larger tree sizes with the minimum size being 24" box for 50% of total trees provided, 36" box for 30% of total, and 48" box for 20% of total. Applicant shall include an overall chart breaking down quantities of trees versus sizes for verification.

15. Applicant shall show enlargements and sections/ elevations of Landscape amenities 1- 4 to demonstrate how their conceptual design and planting will provide adequate human scale and open feeling, versus the surrounding proposed 4 story structures.

16. Applicant shall show all wall and fence treatments including the use of vines, trellis or architectural features that break up the long horizontal planes to create patterns and texture that offer variety and character.

17. Applicant shall provide shade calculations and exhibit for parking areas to verify the attempt to limit heat island effect.

18. Applicant shall include identifying proposed hydrozones with MAWA calculations based on the proposed Landscape Project area.

19. Applicant shall coordinate street tree selection with City Landscape Architect for final approval of species.

20. Applicant shall include enhanced paving treatments and finishes to assist in way finding in addition to highlighting entrances, crossing, and amenities areas. -49-
Enhanced paving includes colored and/ or stamped concrete, stone, tile, and or pavers that complement the architectural features of the development.

21. Applicant shall include conceptual lighting plan to verify any conflicts or limitations of landscape plan with the safety and security requirements of site lighting.

22. Applicant shall consider the use of decorative pottery or other structured methods of protecting plant materials in high use areas where typical ground level planting in planter areas only can lead damage from high use or increased pedestrian foot traffic.

23. Applicant shall provide a mow curb or other form of separation at north and south frontage property boundaries to clearly identify where maintenance responsibilities end.

24. Applicant shall add concrete step outs adjacent to any parking stall and landscape areas ( min. 12" wide).
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z.

City of Highland, FIRE PREVENTION DIVISION, Conditions of Approval. l .

DATE : 5/ 10/ 2023

Page 1 of 8 ends

APPLICANT : Helios Holding, LLC
ADDRESS : 7536 Sterling Ave (WS Sterling Ave N of 9th Street) SITE LOCATION: 0278- 131- 45 , 46 & 47
FILE / INDEX No.: DRA 23- 002
A tiered level of mitigation options has been developed and listed below are the systems and/ or modifications required for your project. Compliance of the following items are a condition of FINAL OCCUPANCY APPROVAL. These conditions are required as acceptable solutions to the adverse fire conditions impacting firefighting and emergency operations accompanying the site/ area. They will either assist in detection and extinguishment of the fire and/or facilitate the anticipated emergency operations.

This project is protected by the City of Highland Fire Department / Cal -Fire / California Department of Forestry and Fire Protection. Prior to any construction occurring on any parcel, the applicant shall contact the city of highland fire marshal office for verification of current fire protection development requirements. All new construction shall comply with the currently adopted California Fire Code and all applicable statutes, appendices, codes, ordinances, standards and policies of the City of Highland Fire Department/ Fire Prevention Division / Cal -Fire / California Department of Forestry and Fire Protection.

Fire Department Review of all projects is required.

ALL CONSTRUCTION ( New and renovations to existing) SHALL COMPLY WITH THE CALIFORNIA FIRE CODE Along with amendments as adopted within the Highland Municipal Code ( Ord. # 411).

Note: All weather access roads ( CFC) and fire hydrant/ water system installations shall be in place, inspected and approved, PRIOR to combustible material being brought on site.

Note: The City of Highland has 2 areas within the ' FIRE SAFETY OVERLAY DISTRICT' designated as FR- 1 and FR-2. Both areas may border or overlap areas identified by the State/CalFire as ' High Fire Severity Zone' or 'Very High Fire Severity Zone'. See HMC for construction requirements.
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GENERAL.

HF3: A fuel break of one hundred ( 100) feet ( brush and weed clearance) is required prior to construction. The clearance shall be maintained on a year-round basis. CFC & HMC

2. HF31: Approved fire hydrant pavement markers ( blue dots) shall be installed at every hydrant.

3. HF40: Where an automatic extinguishing system or standpipe system is in place, system shall be serviced and maintained in operating condition according to NFPA and California State Fire Marshal requirements. T19; CFC; NFPA

4. HF51: The main electrical panel and all sub- panel( s) shall be labeled on inside cover for all circuits. CEC

5. HF52: Water heater ( fuel fired), shall be properly vented to exterior of structure.

Water heater shall be seismic strapped to wall and be located 18" above a garage floor. CBC

6. HF53: A one -hour, solid core, self -closing and latching door ( minimum 1- 3/ 8 inch) shall be installed between an attached garage and living space. CBC

7. HF55: Commercial exit requirements:

A. Required exit doors shall be maintained in an operable condition at all times
B. Required exit doors shall swing outward and away in the direction of exit travel.

C. Obstructions shall not be placed in the required width of an exit. Exits shall not be blocked or locked shut or obstructed in any manner during business hours.

D. Exit paths shall be illuminated when structure is occupied.

E. Exit path illumination shall be supplied from two ( 2) sources of power when occupant load is one hundred ( 100) persons or more.

F. When exit way/exit pathway and/or exit doorway is not easily identified, additional exit signs shall be installed.

8. Exit signs shall be internally or externally illuminated by two lamps or shall be of the self -luminous type. CFC; CBC

9. HF47: For each chimney, used in conjunction with any fireplace or heating appliance, in which solid or liquid fuel is used, an approved spark arrester shall be installed and visible from the ground. Spark arrester shall be of stainless steel, copper or brass, woven galvanized wire mesh, twelve ( 12) gauge, and minimum of 3/ 8" to '/ z° maximum openings. CFC; CBC; CMC
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10. HF60: Additional plans for access, fire safety systems, fire lanes and signage, gates, storage, or other special conditions may be requested for review, conditioning and approval by the fire marshal.

11. HF56: All flammable and combustible liquid storage and dispensing shall be in accordance with applicable sections of the CFC, T- 19 and city codes and ordinances.

12. HF48: A class "A" roof covering structure with "bird stops" shall be installed.

ACCESS:

13. HF7: Fire department access roads shall meet the fire dept. minimum unobstructed width of twenty (20) feet. (twenty-six (26) feet within FR- 1 & 2 zones).

This standard shall not lessen other agency requirements. Access roads shall be paved ( asphalt/concrete) and in place prior to delivery of combustible building materials on site. Roads shall be designed and constructed to meet adopted city standards. CFC

14. HF8: All access roads, public, private streets and residential driveways shall maintain a minimum vertical clearance of thirteen ( 13) feet -six ( 6) inches. CFC

15. HF9: Residential driveways shall be paved ( asphalt/ concrete) and shall provide a minimum width of twelve ( 12) feet. Driveways of this standard shall serve no more than two single family dwellings and shall not exceed 10% in grade. HMC

16. HF10: Driveways exceeding 150 feet shall have a fire department approved turnaround at the terminus. CFC / APPENDIX D

17. HF11: Fire department access roadway( s) and/ or public/ private street( s) exceeding one hundred fifty ( 150) feet in length shall provide an approved turnaround at the terminus (cul-de-sac). Minimum radius shall be not less than forty 40) feet. Or as approved by the fire marshal. Cul- de- sacs providing access to perimeter emergency access roads shall have a minimum radius of forty four ( 44) feet. CFC / APPENDIX D, SBCO TRANSPORTATION STD

18. HF12: Fire department access roadway( s); public/ private street( s) and driveways shall not exceed 12% grade. CBC / APPENDIX D, HMC

19. HF13: Fire department access roadway( s); shall extend to within one hundred fifty 150) feet of and shall give reasonable access to all portions of the exterior walls of the first story of any building.

An access road, approved by the fire dept., shall be provided to within fifty ( 50) feet of all structures when the natural grade between access road and structure is in excess of 30%.
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Where an approved access road cannot be provided, a fire protection system shall be required and approved by the fire department. CFC

20. HF15: " Phased" projects may be required to provide a minimum of two (2) remote points of approved access during construction. A secondary access, for fire and other emergency equipment and for routes of escape, which will safely handle evacuations. CFC - APPENDIX D

21. HF19: Manually operated gates across fire department access roadways, public and/ or private streets and driveways, shall be equipped with approved emergency key -operated " KNOX" padlock or box containing key to open the private lock. For automatic gates, a " KNOX" emergency access switch, shall be installed, at location determined by fire department, and shall over -ride all command functions and open gate automatically upon activation. All automatic gates shall have a manual over -ride for use during loss of electric power. " KNOX BOX" request form is available from the fire marshal or may be ordered directly from www. knoxbox. com ( specify City of Highland, CA) CFC —Appendix D Note: The city of Highland also requires an electronic " H" key system ( Ord. # 320) for multi -family, gated communities or secured storage facilities. HMC

22. HF24: " NO PARKING — FIRE LANE" signs shall be posted at locations designated by fire marshal. Fire lane curbs shall be painted red, with white letters stating, " NO PARKING — FIRE LANE" on top, not face. CFC - APPENDIX D

23. HF54: commercial and industrial structures -occupancies and gated complexes shall have a " KNOX BOX" system installed on the exterior of the building( s) or complex. location of device to be determined by the fire department. The box shall contain keys necessary to gain access and may contain pre -plans and MSDS information as required by the fire department. New and existing multi -tenant commercial buildings shall provide a ' KNOX' box large enough to contain keys to access each individual tenant space. Installation location( s) to be determined by the fire marshal. The box shall contain clearly marked keys to each tenant space or other areas as determined by the fire marshal. CFC

24. HF61: Aerial fire apparatus access roads. Where required: buildings or facilities exceeding 30- feet in height above the lowest level of fire dept. Vehicle access shall be provided access roads capable of accommodating aerial apparatus. Width: aerial apparatus access roads shall provide a minimum unobstructed width of 26- feet in the immediate vicinity of any building exceeding 30-feet in height.

Proximity to buildings: aerial apparatus access roads shall be located a minimum of 15- feet to a maximum of 30- feet from the building, and shall be positioned parallel to one entire side of the structure, as approved by the fire code official. CFC APPENDIX D
WATER:
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25. HF25: Minimum required fire flow, as determined by i. s. o. formula, is as follows:

RESIDENTIAL; GPM = 1500; at 20 psi residual; for 2 hour duration.

COMMERCIAL; GPM = 3000; at 20 psi residual; for 3 hour duration.

System shall be looped with minimum eight (8) inch mains; six ( 6) inch laterals, six ( 6) inch risers; six ( 6) inch dia. Hydrants with two 2 Y2" outlet( s) and one 4" outlet.

CFC APPENDIX B AND C
Note: Hydrants shall meet EVWD standards.

26. HF29: Fire hydrant spacing shall be:

Single family residential: 600 FEET
Multi -family residential: 300 FEET
High density residential: 300 FEET
Commercial retail: 300 FEET
CFC / APPENDIX B AND C.

Note: Existing fire hydrants ( off -site) can be included if they meet spacing requirements. Hydrants shall not be located at the `bulb' end of cul- de-sacs.

27. HF26: Two sets of water delivery system plans, designed to meet the required fire flow for this project and/ or development, shall be submitted to the fire department for review and approval. CFC

28. HF27: Applicant -developer shall provide a letter from the water company serving the project -development, verifying financial arrangements have been made and bonded for the required water improvements. CFC

29. HF28: Fire hydrants shall be installed, inspected and operational as per approved water system delivery plans prior to any framing, construction or delivery of combustible materials to project site. CFC / CFC

30. HF30: Private, on site fire hydrant( s) — yard hydrant( s)- capable of supplying required fire flow shall be installed at location( s) identified by the fire department.

System shall be looped with minimum eight ( 8) inch mains; six ( 6) inch laterals, six 6) inch risers; six ( 6) inch dia. hydrants with one 2 %2" outlet and one 4" outlet.

CFC / APPENDIX B AND C

31. HF32: A temporary water storage and delivery system for use during grading and foundation work ( no combustible material), meeting fire dept. Fire flow requirements shall be installed prior to framing construction or delivery of combustible materials to project site. CFC; NFPA — 1142

32. HF38: Approved fire hydrant( s) capable of supplying required fire flow, shall be provided to all premises upon which facilities, buildings or portions of buildings are -55-
constructed or moved within the jurisdiction. When any portion of the facility or building protected is in excess of 150 feet from a fire hydrant on a public street, as measured by an approved route around the exterior of the facility or building, additional fire hydrants or on -site fire hydrants, meeting the required fire flow, shall be provided. CFC APPENDIX B AND C
ADDRESSING — IDENTIFICATION:

33. HF21: Commercial and multi -family residential address numbers shall be displayed on all new and existing structures in such a manner as to be plainly visible and legible from the access roadway or street. Numerals shall be of a contrasting color to the building and electrically illuminated.

Minimum size of the numerals shall be 8" height, 3/ 4" stroke, or as approved by the fire marshal.

Industrial occupancies shall have address numbers of 12" height, 1" stroke and shall be electrically illuminated so as to be visible and legible from access roadway or street.

Note: Depending on height and setback of a building, larger numerals may be required and at additional locations on the building, as determined by a case -by - case review.

HMC

34. HF23: Directory map. An illuminated directory map shall be installed at each driveway entrance where the total number of units exceeds fifteen, ( 15) CFC / HMC. FIRE AND PLANNING DEPARTMENTS SHALL APPROVE SIGNAGE PLAN.

35. HF18: Street name signs shall be installed prior to construction on any roadway or phase. Temporary signs may be used as approved by the fire marshal. CFC Note: Permanent signage shall meet City standards as required by Planning.

36. HF17: The public and/or private roadways serving this project shall be identified with city approved names. CFC

37. HF20: Residential address numbers shall be placed on all new and existing structures in such a manner as to be plainly visible and legible from the access roadway or street. Single family dwellings shall have numbers of 4" height, 1 / 4" stroke on contrasting background. Address numbers shall be low voltage, automatically electrically illuminated where structure setback exceeds one hundred ( 100) feet from the access roadway or street, additional non -illuminated numbers 4" in height, 1/ 4" stroke, on contrasting background shall be displayed at property access entrance. CFC
FIRE PROTECTION & ALARM SYSTEMS:
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38. HF35: Automatic fire sprinklers shall be installed according to NFPA 13R and fire dept. requirements. Submit three ( 3) sets of shop plans with material cut sheets and hydraulic calculations, indicating the type of occupancy, type of materials to be stored ( if any), forfire dept. review and approval priorto any installation. Submit copy of California C- 16 license. CFC; CBC; HMC
39, HF36: Automatic fire sprinklers shall be installed according to NFPA 13 and fire dept. requirements. Submit three ( 3) sets of shop plans with material cut sheets and hydraulic calculations, indicating the type of occupancy, type of materials to be stored (if any), for fire dept. review and approval prior to any installation. Submit copy of California C- 16 license. CFC; CBC; HMC

40. HF37: Automatic fire sprinkler control devices ( P. I. V & O. S.& Y.) Shall be visible from fire dept. access roadway, and identify system being controlled and address of structure.

Fire Dept. Connection ( FDC) shall be located no closer than forty ( 40) feet and not to exceed one hundred fifty ( 150) from structure. Required fire hydrant shall have a maximum distance from FDC of thirty ( 30) feet. FDC shall identify address and system of structure being protected. CFC

41. HF39: An automatic fixed fire extinguishing system ( UL- 300) shall be installed in the hood and duct system of commercial cooking equipment. Three ( 3) sets of shop plans with material cut sheets and calculations shall be submitted to fire department for review and approval prior to installation. CFC

42. HF41: A minimum of one 2A- 10BC fire extinguisher shall be installed for each 3, 000 sq. ft. of floor area. Travel distance to any one fire extinguisher shall not exceed 75 feet. Additional fire extinguishers, size and class to be determined by fire department, may be required. Fire extinguishers shall be serviced bi- annually and shall have a current State Fire Marshall service tag attached. Fire extinguishers are to be serviced every two years and inspected & tagged every year. CFC; NFPA

43. HF42: A 4013C ( K- Type) fire extinguisher shall be installed within 30 feet of commercial food heat -processing equipment. Fire extinguishers shall be serviced annually and shall have a current SFM service tag attached. Fire extinguishers are to be serviced every two years and inspected & tagged every year.

CFC; T-19

44. HF43: An automatic fire detection and alarm system meeting the requirements of CFC 907, CBC and NFPA 72 shall be installed. Three (3) sets of shop plans with material cut sheets and calculations shall be submitted to the fire department for review and approval prior to installation. CFC; CBC; NFPA -57-

45. HF46: SMOKE DETECTORS, hard wired in series with battery back- up, shall be installed in all sleeping areas and in all hallways and areas/ rooms leading to sleeping areas. Smoke detectors shall be installed at the top of all stairways. At least one smoke detector shall be installed on the first floor level. CARBON MONOXIDE DETECTORS shall be installed per manufacturer' s instructions minimum one per floor where fuel fired appliances and/ or an attached garage is present. Units also to be hard wired in series with corresponding smoke detectors CFC; CBC

46. HF60: California Fire Code, FIRE SAFETY DURING CONSTRUCTION AND DEMOLITION, shall apply to this project. it is the responsibility of the project manager to meet with the fire marshal to discuss requirements specific to this project.

47. HF62: Additional plans for access, fire safety systems, storage or other special condition may be requested for review, conditioning and approval by the fire marshal.

48. HF63: Submit to fire marshal' s office: one copy of building and/ or structure plans for fire department review.

Craig Sanchez, Fire Marshal
City of Highland Fire Prevention
909) 864- 8732 x 248
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City of Highland
Engineering Department
Conditions of Approval
DRA 23-002 Halcyon Apartments
Helios Holdings, LLC — 7536 Sterling Avenue
B - Required Prior to Building Permit/ Construction
C - Required Prior to Building Occupancy
D - Ongoing
E - Required Prior to Grading Permit
Non Standard Conditions

SOILS/ GRADING/ DRAINAGE
E 1. Design grading and landscaping plans to comply with the City' s clear sight triangle criteria at public street intersections and at private driveways. Walls, fencing, monument signs, slope, and landscaping, within the clear sight triangle, must not exceed thirty inches in height measured from the flowline of the street, unless a sight distance analysis that demonstrates sight distance is adequately maintained is submitted to and approved by the City Engineer.

E 2. Submit a preliminary soils report, prepared by a licensed Geotechnical Engineer, for review and approval by the City Engineer. Comply with the recommendations contained in the report and any amendments thereof as approved by the City Engineer.

E 3. Submit the structural design and location for any required retaining walls for review and approval by the City Engineer. Construct concrete v- ditches and drainage system at the back of retaining walls in accordance with the Grading Plan Checklist and as required by the City Engineer.

E 4. Submit rough and/ or precise grading plans to the City Engineer for review and approval.

Comply with the City of Highland grading standards as shown on the grading plan checklist.

E 5. Submit an erosion control plan to minimize potential increases in erosion and sediment transport during construction activity for City Engineer approval. Place erosion control measures during or after grading work as required by the City Engineer.

E 6. Design short-term erosion control in accordance with Best Management Practices such as, hydroseeding, mulching, jute matting or plastic sheeting to protect slopes; silt fencing to control site perimeter; and straw bale barriers, gravel bag barriers, rock filters or sediment basins to control internal erosion, or other methods to stabilize disturbed areas, as approved by the City Engineer.

D 7. Implement dust control measures during construction activities including, but not limited to, daily watering of construction area as frequently as necessary during active and inactive periods, utilizing soil emulsions, limiting construction vehicle speed to 10 miles per hour, stabilizing construction entrances to prevent trackout of sediments, and street sweeping.

E 8. Design grading to intercept and conduct off -site tributary drainage flow around or through the project site in a manner that does not adversely affect adjacent properties. Conveyance of on -site and off -site tributary flows shall be maintained by the underlying property owner.

L:\ Engineering_ Backup\ 030173090 - DRA 23- 002 - Halcyon Apartments -Sterling Ave- Helios\ Conditions\ DRA 23- 002 Halcyon Apartments 7536 Sterling Ave - Engineering C of A - Revised 8- 31- 23. docx Page 1 of 6 -59-
E 9. Design grading to drain the entire area of the project to the proposed Water Quality Management Plan ( WQMP) infiltration system and to accommodate overflows as necessary.

E* 10. Plot all existing and proposed easements on grading plan and note disposition of any existing utilities, appurtenances, fences, and access roads.

D* 11. Construct temporary sedimentation basins for use during the grading and construction period of the project. Do not start using the proposed infiltration system until the site is stabilized for erosion and sedimentation.

B 12. Submit original wet signed and stamped rough grading certifications from the soils engineer and the grading engineer, along with compaction reports, to the City Engineer.

C 13. Submit original wet signed and stamped final grading certification from the soils engineer and grading engineer, to the City Engineer.

STREET IMPROVEMENT
E* 14. Submit engineering plans for the Sterling Avenue and Elm Street frontages, including street improvements and signing, striping and pavement markings to the City Engineer for review and approval. Indicate the location of any existing utility/facility which would affect construction on plans and profiles. Comply with the City design standards as shown on the street and storm drain improvement checklist. Provide ADA access to site from right of way.

C* 15. Construct new street improvements along Sterling Avenue project frontage including, but not limited to:
a) Construct frontage landscape improvements at back of sidewalk. b) ( 1) northerly commercial drive approach ( per City Std. 212) at existing westerly curb face per the proposed site plan. Install on -site signing to permit right -out and left -out vehicle movements only. Minimum driveway width for vehicle parking ingress/ egress is 26 feet.
c) ( 1) southerly commercial drive approach ( per City Std. 213) at existing westerly curb face per the proposed site plan for full access vehicle movements. Minimum driveway width for vehicle parking ingress/ egress is 30 feet. d) Remove existing improvements along west side of Sterling Avenue including ( 6) drive approaches, join existing where to be maintained, and reconstruct full -height 8" curb and gutter located 36 feet west of street centerline per City Std. 203. e) Design the limits and extent of removal of existing improvements, and construction of transitional improvements to complete items a- d above and as approved by the City Engineer.

C* 16. Construct new street improvements along Elm Street project frontage per the Preliminary Grading Plan including, but not limited to:
a) Construct landscape improvements on the east side of street as approved by the Community Development Director.
b) 5-foot wide sidewalk per City Std 208, Type A.
c) 6- inch curb and gutter per City Std. 202 and 101 18 feet east and west of street centerline.
d) Construct new asphalt concrete pavement with class II aggregate base improvements ( TI= 5) for full width of the street.

L:\ Engineering_ Backup\ 030173090 - DRA 23- 002 - Halcyon Apartments -Sterling Ave- Helios\ Conditions\ DRA 23- 002 Halcyon Apartments 7536 Sterling Ave - Engineering C of A - Revised 8- 31- 23. docx Page 2 of 6 -60-
e) Proposed emergency and utility access gate shall be located outside of public rightof-way. If a swing gate is proposed, the gate shall swing such that it does not block public pedestrian path of travel.
f) Design the limits and extent of removal of existing improvements, and construction of transitional improvements to complete items a- e above and as approved by the City Engineer.

C 17. Design and construct public improvements including sidewalk, access road entrances, and access ramps, as needed, in accordance with all requirements of the State of California Accessibility Standards, Title 24 California Administrative Code. Redesign and reconstruct existing frontage improvements if found not in compliance with City Standards.

C* 18. Install new LS3 metered street light system along the project frontages of Elm Street and Sterling Avenue. The new street lights, electrical conduits, wiring and meter etc. will be owned and maintained by the City. The street lights shall be equipped with a Light Emitting Diode ( LED) luminaire on a marbelite pole with types and at the location specified by the City Engineer. Pay the City street lighting energy and maintenance charges for the initial 12 months of occupancy.

C 19. Submit "Record Revisions" to all plans to reflect the improvements as constructed, and any changes made during construction.

WATER QUALTIY/ DRAINAGE
E 20. Obtain approval by the City Engineer of a Final Water Quality Management Plan ( F- WQMP), prepared in accordance with the City' s National Pollutant Discharge Elimination System NPDES) permit requirements in effect at the time the Conceptual Water Quality Management Plan was approved unless subsequent City NPDES permits require otherwise. The F- WQMP shall ( 1) be prepared, signed, and sealed by a licensed Civil Engineer, (2) include Site Design Low Impact Development and Source Control Best Management Practices ( BMPs) appropriate for residential development, ( 3) include a BMP implementation, operation, and funding mechanism, and ( 4) be certified by the property owner. The property owner shall also enter into a Stormwater BMP Transfer, Access, and Maintenance Agreement with the City on standard City form. Include a copy of the recorded agreement in the F- WQMP.

Construct BMPs in accordance with the approved F- WQMP.

C* 21. Construct and implement site design BMPs specified in the project approved F- WQMP including, but not limited to, underground infiltration system, pretreatment devices, and raised curb landscaped areas and parking lot islands. Alternate site design BMPs which are equally effective may be submitted for review and approval by the City Engineer.

E 22. Include the project grading plan, landscape plan and utility plan with the first submittal of the F- WQMP.

C 23. Submit two sets of WQMP BMP Exhibits with a " WQMP BMP As -Built Certificate" wet signed and sealed by the Engineer of Record. The Certificate shall state:

I hereby certify that the Water Quality Management Plan Best Management Practices have been constructed under my supervision in accordance with the approved plans and are functional to the best of my knowledge."
C* 24. Construct on -site private drainage system, HDPE or other pipe material as approved by City Engineer, to drain the entire project site to the proposed WQMP BMPs in accordance with L:\ Engineering_ Backup\ 030173090 - DRA 23- 002 - Halcyon Apartments -Sterling Ave- Helios\ Conditions\ DRA 23- 002 Halcyon Apartments 7536 Sterling Ave - Engineering C of A - Revised 8- 31- 23. docx Page 3 of 6 -61-
the approved Final Water Quality Management Plan and construct necessary drainage overflow facilities. Construct an overflow pipe to convey any overflow from the proposed underground infiltration system to fronting streets as necessary.

B 25. At the underground infiltration system proposed by the Final WQMP, conduct at least two new infiltration tests using a double -ring infiltrometer. The tests shall be conducted at the proposed underground infiltration system subgrade elevation, prior to the submittal of the F- WQMP. After obtaining the results from the two tests, the engineer and geotechnical engineer shall determine if additional testing is required.

C 26. Register the underground chambers with EPA as a Class V Injection Well.

E 27. Submit a hydrology study to determine storm runoff quantities tributary to and generated by the Project for review and approval by the City Engineer. Include hydraulic calculations to determine the size and type of all drainage facilities.

C 28. Intercept and convey off -site drainage tributary to the project boundary around or through the project in a manner that will not adversely affect adjacent or downstream properties.

E 29. Submit engineering plans for public and private drainage systems to the City Engineer for review and approval. Comply with the City design standards as shown on the street and storm drain improvement checklist.

DEDICATION/ ANNEXATION
C* 30. Apply to the City to annex the project into the City' s Consolidated Landscape Maintenance District ( LIVID) for potential City maintenance of parkway and frontage landscaping along Sterling Avenue. The City will maintain parkway and frontage landscaping utilizing LIVID revenue only if the City determines that adequate maintenance is not being provided by the property owner. The potential future amount of assessment will include the estimated ongoing maintenance cost and one-time construction cost to convert the privately maintained system to the City -maintained system.

B* 31. Dedicate an irrevocable offer of dedication via separate instruments:
a) ( 1) 10- foot wide minimum landscape easement across the Sterling Avenue frontage for City to access and maintain landscape in the event the private landscape maintenance system becomes a City -maintained system.
b) 30- foot right- of-way street half -width east of Elm Street centerline across project frontage per Preliminary Grading Plan.
c) 52- foot right- of-way street half -width west of Sterling Avenue centerline across project frontage.
d) ( 1) temporary construction easement granting permission for the City to enter the property to construct and restore landscaping. The exact dimensions of the landscape easement will be determined at the time on -site improvement plans have been prepared.

B* 32. Obtain City approval of a Lot Line Adjustment and adjust the existing property lines in accordance with the following:
a) Submit grant deeds conveying the adjusted lots to the current property owners by the current property owners. Include legal descriptions and plats prepared by a Professional Engineer or Land Surveyor. The grant deeds shall include the following statement:

L:\ Engineering_ Backup\ 030173090 - DRA 23- 002 - Halcyon Apartments -Sterling Ave- Helios\ Conditions\ DRA 23- 002 Halcyon Apartments 7536 Sterling Ave - Engineering C of A - Revised 8- 31- 23. docx Page 4 of 6 -62-
This document is being recorded pursuant to Lot Line Adjustment No. LLA 23- 003, as evidenced by Certificate of Compliance No. COC , recorded as Document No. , Official Records of said County."
b) Certificates of Compliance ( COC) will be prepared and recorded by the City. The COC number is pending and will be determined closer to approval. Submit an original legal description and plat for each adjusted lot which will be made part of and recorded with the Certificates of Compliance. The legal descriptions and plats must be identical to those to be recorded with the grant deeds.

B 33. At the time of Lot Line Adjustment submittal, include traverse calculation sheets which show error of closure, copies of recorded maps and deeds used as reference and/ or showing original land division, tie notes and bench marks referenced, and a current title report ( less than 3 months old). Inverse calculations will not be accepted for plan check. Upon approval, the City will record the lot line adjustment documents and forward copies to the applicant.

D* 34. The Project will be required to grant a reciprocal private easement in favor of the parcels defined by the Lot Line Adjustments for pedestrian, parking, and vehicular access, including emergency access.

D* 35. If the site is ever subdivided in the future, record a reciprocal private easement for drainage, and utilities.

FEES/ PERMITS/ BONDING
C* 36. Pay in -lieu fee or underground existing overhead utilities located within the public right- ofway along the west side of Sterling Avenue frontage as determined by the City Engineer and per Ordinance 315.

E 37. Pay development impact fees and engineering fees for district annexation, plan check, WQMP review, hydrology study review, structural calculation review, on -site and off -site inspection, utility excavation permits, GIS plan update, microfilming and storage of plans, and other required fees.

D 38. Obtain a permit from Engineering prior to any on -site construction or construction within the public right- of-way.

E 39. Post a deposit for erosion control which shall not be released prior to completion of all on -site construction.

UTILITIES/ CONSTRUCTION
E 40. Obtain written permission from adjoining property owners prior to start of any grading, removal or construction work located within the affected private properties.

B 41. Coordinate temporary fencing and construction with the adjacent property owners. Install construction fencing and screening in accordance with Building and Safety Division Policy 335.

C 42. Reconstruct existing public improvements removed or damaged during construction.

Pavement repair, which may include A. C. overlay, T- cut trench repair and/ or slurry seal after L:\ Engineering_ Backup\ 030173090 - DRA 23- 002 - Halcyon Apartments - Sterling Ave- Helios\ Conditions\ DRA 23- 002 Halcyon Apartments 7536 Sterling Ave - Engineering C of A - Revised 8- 31- 23. docx Page 5 of 6 -63-
removal of existing striping shall be across all or a portion of damaged pavement caused by this project as determined by the City Engineer.

C* 43. Coordinate, and where necessary, pay for the relocation of any existing public utilities as necessary.

C 44. Provide all utility services to each building, including sanitary sewers, water, electric power, gas, cable TV, internet, and telephone. All utilities listed under Highland Municipal Code Section 16. 40. 380 ( A) are to be underground per Ordinance 315.

E 45. Comply with applicable requirements of the National Pollutant Discharge Elimination System NPDES) permit program. Provide written verification from the Regional Water Quality Control Board specifying the projects WDID number.

B 46. Destroy any abandoned wells on the property or similar structures that might result in contamination of underground waters in a manner approved by the City Engineer.

B 47. All underground structures, except those desired to be retained, must be broken in, backfilled, and inspected before covering.

B 48. Remove all existing on -site utility poles per Ordinance 315, excluding the poles located along the Project's westerly property line. Coordinate relocation of electrical drop for affected offsite properties.

D 49. Comply with the prevailing City design and construction standards and requirements at the time of permit issuance.

B 50. Design and construct trash enclosures per City Standard 700 or trash facilities per the approved Waste Management Plan, as approved by the Public Works Director.

C 51. Install telephone, cable television, and internet enclosures underground whenever the underground installation is an available option offered by the utility companies. If the underground installation is not an available option and utility enclosures must be installed above ground, install the above -ground utility enclosures and any flush mount utility enclosures at locations where construction of retaining walls will not be necessary for compliance with the setback requirements of the utility companies.

B* 52. Submit a Composite Utility Plan for the purposes of coordinating, maintaining and improving landscaping in City right- of-way. Indicate the location of all above ground and flush mount water, electric, cable TV, internet, street lights, traffic signal, and telephone utility structures prior to City issuance of utility permits.

L:\ Engineering_ Backup\ 030173090 - DRA 23-002 - Halcyon Apartments -Sterling Ave- Helios\ Conditions\ DRA 23- 002 Halcyon Apartments 7536 Sterling Ave - Engineering C of A - Revised 8- 31- 23. docx Page 6 of 6 -64-
Building and Safety Division Conditions of Approval
Date: May 31, 2023
Project: 221- Unit, 4- Story Apartment Complex
Applicant: Helios Holdings, LLC
Site Location: West side of Sterling Ave, 250 feet north of 9t" St Project Numbers: DRA: 23- 002
APN( s): 0278- 131- 45, 0278- 131- 46, 0278- 131- 47

1. Please provide the following number of construction plans and documents listed below for the first review of the proposed project. The initial plan review time will take two weeks on most projects. The applicant will receive an application number at the time plans are submitted for Building & Safety' s plan review. This number is needed to obtain information regarding your project.
3) Architectural Plans
3) Structural Plans
3) Plot/ Site Plans
3) Electrical Plans
3) Electrical Load Calculations
3) Exiting Plans
3) Plumbing Plans/ Isometrics
3) Mechanical Plans
3) HVAC Duct Layout Plans
2) Roof and Floor Truss Plans
2) Title 24 Energy Calculations
2) Soils Report
3) Precise Grading Plans
Grading, Photometric, or Landscape Plans: Please mark " FOR REFERENCE ONLY"
3) Site Disabled Access Plans
3) Fire access and water supply Plans " FOR REFERENCE ONLY" 1) Fire Flow Test - with hydrant location dimensioned on the site plan 3) Temporary Construction Fence Plans
3) Project Condition of Approval from all departments:

To be included in Architectural plan set at plan submittal 2) Structural Calculations
1) Approved Health Department Plans ( as applicable)

Page 1 of 4 ends

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2. All structures shall be designed in accordance with the current version of the California Building Codes at the time of submittal ( Currently the 2022 codes), including the California Green Building Standards Code. Design all structures to Risk Category II at exposure " C" ( ASCE7- 16), and Energy Climate Zone 10.

3. All new utilities are to be underground. As approved by the Planning Division, utility cabinets and transformers are exempt.

4. All construction projects shall comply with the NPDES Stormwater Best Management Program. Prior to building permit issuance submit copy of the Water Quality Management Program Report. ( WQMP)

5. All deferred plan items & required deputy inspections are to be identified on the plans cover sheet.

6. Plans should include a Map Directory for Building addressing and signage for reference. HMC 15. 06. 100 - A lighted directory site map shall be installed and maintained at each driveway entrance to multiple unit residential projects where the total number of units in the project exceeds fifteen ( 15).

7. Site development and grading shall be designed to provide access to all entrances and exterior ground floor exits and access to normal paths of travel. The accessible route( s) of travel shall be the most practical direct route from each site arrival point.

8. All dead and removed trees and foliage is to be properly removed from the site.

9. The building is to be connected to the public sewer system, when provided. a. When the public system is not available, an onsite septic system is to be installed. Please provide Building Staff with a will- not/sewer not available letter from EVWD and an approved septic system design from the Santa ana Regional Water Quality Control Board ( please contact Susan Beeson at ( 951) 782- 4902). An approved design with percolation test will be required to be submitted to Building & Safety for separate review and permitting prior to issuance of a building Permit.

10. The City enforces the State of California provisions of the California Building Code disabled access requirements. The Federal Americans with Disabilities Act ( ADA) standards may differ in some cases from the California State requirements; therefore, it is the building owner' s responsibility to be aware of those differences and comply accordingly.

1. All common areas, which includes fire pits, BBQ areas shall be accessible.

CBC sec. 1110A. 1( 2), sec. 1110A. 3.

2. Play area ground surfaces shall comply with ASTM standards. CBC sec. 11 B- 1008. 2. E

Page 2 of 4 ends

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11. All construction materials, which are not used, shall be recycled pursuant to the requirements set forth by Ordinance No. 269. Receipts from the recycle company responsible for picking up the materials shall be kept in the construction office. After the construction is complete and before final occupancy, the trash receipts shall be forwarded to the City Public Services division.
a. Prior to building/ demolition Permit issuance — The permit holder shall register a project Construction & Demolition Debris Program application for self -haul or contract services through the City' s Franchise hauler.

12. Prior to the issuance of Building Permits, site -grading certifications, compaction reports, and survey report shall be submitted to Building and Safety or to Public Works, as applicable.

13. No flammable materials will be allowed on the site until the fire hydrants are established and approved. On site fire hydrants shall be approved by the Fire Department. No flammable construction materials shall be placed on the site without approvals by the Fire Department. All street and access roadways around the project shall be paved for emergency response vehicles before flammable materials are placed on the project. Fire flow tests shall be obtained by East Valley Water District.

14. Prior to the issuance of Building Permits, construction projects requiring fire permits must apply and submit fire plans prior to the issuance of the building permit, including fire sprinkler submittals.

15. Prior to the issuance of Building Permits of Certificate of Occupancy as determined by the School District, provide a receipt from the appropriate Unified School District stating that all school fees have been paid.

San Bernardino City Unified School District)

16. Construction projects, requiring temporary electrical power, shall obtain an electrical permit from Building and Safety. No temporary electrical power will be granted to a project unless the following item is in place and approved by Building and Safety and the Planning Division.
a. Installation of a construction trailer through the " Temporary Occupancy Permit", alternatively, a security fenced area where the electrical power will be located. Installation of construction/ sales trailers must be located on private property. No trailers can be located in the street unless a permit from the Engineering Department is obtained.

17. A security fence with screening shall protect all construction sites. The fencing and screening shall be maintained at all times to protect pedestrians. All development projects shall submit a construction fencing plan with the construction design plans.

Page 3 of 4 ends

-67-
Construction projects that have phased occupancy shall be completely separated by a construction fence that is screened and show the adjusted fence locations at each phase.

18. On site toilet facilities shall be provided for construction workers and such facilities shall be maintained in a sanitary condition. Construction toilet facilities of the non - sewer type shall conform to ANSI ZA. 3 and on site per NPDES stormwater requirements.

19. Construction activities shall not commence prior to 7: 00 a. m. and shall terminate no later than 7: 00 p. m. Monday through Saturday with no construction activities performed during city or Federal Holidays. ( Ordinance 420 HMC) unless restricted further by environmental review mitigation.

20. During construction activities for all phases of the projects will require: Permanent water supply and paved access with a minimum of Two ( 2) access points.

21. Building and Safety inspection requests must be made by 4:00 pm. on the previous City working day to receive a next business day inspection. Please contact ( 909) 864-2136, Ext 228.

22. The Developer/Owner is responsible for the coordination of the final occupancy.

The Developer/ Owner shall request clearances from each department and/ or applicable agency at least two weeks prior to requesting a final building inspection from Building and Safety. Each agency shall sign the back of the Building and Safety Job Card, or provide agency approved signed documentation, and provide a copy of the signatures to Building and Safety at the time the final inspection is requested.

23. Prior to final inspection, provide Building & Safety with a flash disk of the approved plans and documents.

24. Building and Safety does not release all meters until final approvals are obtained from all agencies and departments. Commercial and industrial projects, see Policy 295.

25. The Developer/ Owner is responsible for the coordination of releasing any Deferral of Development Impact Fees or Bonds after such fees have been paid. The Developer/ Owner should be aware, once the deferral notice is sent to the San Bernardino County Recorder' s Office; the release process takes two to three weeks.

This process will delay final Certificates of Occupancy.

Page 4 of 4 ends

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EXHIBIT 3
Mitigation Monitoring and Reporting Program
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ATTACHMENT 4
Resolution Density Bonus & Inclusionary Housing
Agreement
Exhibit A: Agreement
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RESOLUTION NO. 2023 -

A RESOLUTION OF THE HIGHLAND CITY COUNCIL APPROVING THE

CONDITIONS, COVENANTS, AND RESTRICTIONS --- DENSITY BONUS

AND INCLUSTIONARY HOUSING AGREEMENT RELATED TO DESIGN
REVIEW APPLICATION ( DRA 23- 002) FOR THE CONSTRUCTION OF A 220- UNIT, 4-STORY APARTMENT COMPLEX, UTILIZING A FIVE ( 5) PERCENT " DENSITY BONUS" FOR ELEVEN ( 11) AFFORDABLE
UNITS UNDER SECTION 16. 40. 090 OF THE HIGHLAND MUNICIPAL CODE, ON A VACANT 6. 77 ACRE SITE LOCATED ON THE WEST SIDE OF STERLING AVENUE, 250 FEET NORTH OF 9T" STREET.

16. 40. 090 of the City Municipal Code related to Design Review Application ( DRA 23- 002), ( 3) an application for Lot Line Adjustment ( LLA 23- 003) to relocate the existing parcel boundaries and create separate parcels for the multi -phase development of the 220- unit multi -family apartment complex, and (4) an application for a Variance ( VAR 23- 003) to allow an increase in the maximum height for the perimeter fence/wall from 6-feet to 7. 75 feet in association with DRA 23- 002 and LLA23- 003 ( referred to collectively as " Project").

5. A duly noticed public hearing was held by the City Council on October 10, 2023, in the City Hall Council Chambers and notice of the time, date, place and purpose of the aforesaid hearing was given as required by applicable law. At the public hearing, the City Council took testimony, both written and oral, from various parties, including the Applicant.

6. All legal prerequisites to the adoption of this Resolution have occurred.

Based upon the Initial Study, the Mitigated Negative Declaration, and the MMPR, the Project will not have a significant impact upon the environment.

B. RESOLUTION
NOW THEREFORE, it is hereby found, determined and resolved by the Highland City Council as follows:

The Highland City Council finds that all of the facts set forth in the Recitals, Part A" of this Resolution, are true and correct.

2. The Highland City Council after due consideration, inspection, investigation and study made by itself and on its behalf, and after due consideration of all evidence and reports offered at said hearing, including the staff report to the City Council dated October 10, 2023, and which is incorporated herein by this reference, does find and determine the following facts:
a. All necessary public meetings and opportunities for public testimony and comment have been conducted in compliance with State Law and the Municipal Code of the City of Highland.

3. Findings of Fact. The city shall approve the density bonus and regulatory concessions and/ or incentives only if the following findings can be made ( HMC

16. 40. 090. C. 2. b. i. E. ii)
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a. The proposed project is consistent with the goals, policies and strategies of the general plan; and
Response: The General Plan designation for the site is Residential High Density Special Overlay, which supports residential housing developments of 20- 30 dwelling units per acre. The City' s Certified Housing Element identifies the Project area as " Sites 3, 4 and 5", vacant with the potential to accommodate 134 residential units. It is labeled as " Lower Income Site" whose development density is consistent with State standards for low and very low- income families. The Project exceeds the expectations for the number of units to be developed at this location.

The Project also specifically meets Housing Element, Goal 2 to provide " a diverse range and adequate supply of housing types that align with the needs of all current and future Highland households", and more specifically Policy 2. 1 to " bolster the City's affordable housing supply the regulatory tools that encourage the development of and funding for quality lower- and moderate -income housing preservation and development". b. The Applicant has demonstrated that the waiver or modification of development standards is necessary to ensure the economic feasibility of the project; and
Response: Government Code section 65915( b)( 1) provides that a city shall grant one density bonus, and one incentive or concession if an applicant for a housing development seeks and agrees to construct a housing development with five ( 5) percent of the total units of a housing development restricted for rental or sale to very low-income households, as defined in Section 50105 of the Health and Safety Code. The Applicant seeks an incentive that would allow for a reduction in the minimum private open space requirement of 100 square feet on the second, third, and fourth floors. The Applicant is proposing a reduction to 60 square foot balconies on these levels. Pursuant to Government Code section 65915( b)( 1) the Applicant is allowed this incentive by right.

Government Code section 65915( q) provides that upon the request of the developer, a city shall not require a vehicular parking ratio, inclusive or parking for person with a disability and guests, that exceeds the following ratios: ( 1) for zero to one bedroom units, one parking space, and (2) for two to three bedroom units one and a half parking spaces. The standard parking requirements per Section 16. 52. 030 of the Highland Municipal Code require

1. 5 spaces for studio and one bedroom units, 1. 9 spaces for two -bedroom units, 2. 1 spaces for three -bedroom units, and 0. 3 spaces per unit dedicated to guest parking, for a total of 458 parking spaces for this development.

Based on the modified standards set forth in Government Code section 65915( q), a total of 288 parking spaces are required for development of this -104-
size. The Applicant has provided a total of 418 total parking spaces, including 91 parking garages, as part of this development. c. The target units will be within the income level for those individuals for which the units are proposed to be developed.

Response: The Project restricts 11 of the 220 units ( 5% of the units) as follows: one studio, 3 one -bedroom, 5 two -bedroom units, and 2 three - bedroom units which are restricted to households who earn no more than 50% of the area median income ( i. e., very low income households).

4. Based on the Findings of Fact set forth above, the Highland City Council approves the Conditions, Covenants, and Restrictions ---Density Bonus and Inclusionary Housing Agreement and directs the Mayor to execute the Agreement.

Exhibit A attached includes the Conditions, Covenants, and Restrictions --- Density Bonus and Inclusionary Housing Agreement.

C. ADOPTION OF RESOLUTION.

The City Clerk shall certify to the adoption of this Resolution and shall cause the same to be published or posted in the manner prescribed by law.

PASSED, APPROVED, and ADOPTED this loth day of October, 2023.

Larry McCallon, Mayor
ATTEST:

Betty Hughes, MMC
City Clerk
APPROVED AS TO FORM:

Maricela E. Marroquin
City Attorney
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EXHIBIT A
Agreement
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RECORDING REQUESTED BY,
AND WHEN RECORDED MAIL TO:

City of Highland
27215 Base Line
Highland, CA 92346
Attn: Joseph Hughes
With a copy to:

Ho Properties, LLC
c/ o Helios Holdings LLC
840 Ardmore Ave
Hermosa Beach, CA 92054
Attn: Jonathan Webb
APNs: 0278- 131- 45- 0- 000; 0278- 131- 46- 0-
000; 0278- 131- 47- 0- 000

SPACE ABOVE THIS LINE FOR

RECORDER' S USE
Exempt from Recording Fees Pursuant to Government Code Section 27383.

CONDITIONS COVENANTS AND RESTRICTIONS --- DENSITY BONUS AND

INCLUSIONARY HOUSING AGREEMENT

MULTIFAMILY RENTAL/ MIXED USE PROJECT)

THESE CONDITIONS, COVENANTS AND RESTRICTIONS --- DENSITY BONUS AND INCLUSIONARY HOUSING AGREEMENT (" Agreement") is dated as of October 10, 2023 and is entered into by and between HO PROPERTIES, LLC, a California Limited Liability Company ( the " Developer"), and the CITY OF HIGHLAND, a California municipal corporation the " City").

RECITALS
A. Developer applied for a " density bonus" under Section 16. 40. 090 of the City Municipal Code (" Code") for its proposed 220 unit multifamily residential rental project Project") on the site described in Exhibit " A" (" Site").

B. California Government Code Section 65915( b)( 1) provides that a city shall give a density bonus as described in Government Code Section 65915( f), upon application by a developer if the developer agrees to construct a housing development in which certain percentages of housing units are restricted to very low income households at an affordable rent, and that all cities shall adopt an ordinance that specifies how Section 65915 will be implemented.

C. The City adopted Resolution No. 2023 - _ on October 10, 2023 granting a density bonus, development incentives and concessions, and land use waivers requested by 11026- 0001\ 2811957v3. doc
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Developer in such application in exchange for the restrictions in this Agreement, which restricts 11 of the 220 units ( 5% of the units) as follows: one studio, 3 one -bedroom units, 5 two -bedroom units, and 2 three -bedroom unit are restricted to households who make no more than 50% of area median income ( i.e., very low income households).

D. This Agreement is a density bonus housing agreement within the meaning of Title 16, Chapter 16. 40, Section 16. 40. 090 of the City Code. This Agreement shall be recorded in the Official Records of San Bernardino County, California as senior, non -subordinate covenants and restrictions. In no event shall these restrictions be made junior or subordinate to any deed of trust or other documents providing financing for the construction or operation of the Project or any other lien or encumbrance for the period that Agreement remains in effect.

E. It is the desire of City to encourage the development of affordable housing, and in furtherance of that desire, the City is hereby willing to grant incentives, concessions and waivers to Developer as provided by the terms ofthis Agreement.

ARTICLE I

DEFINITIONS
NOW, THEREFORE, the parties hereto agree as follows:

Definitions. In this Agreement, the following terms shall have the following meaning:
a. " Affordable Rent" means the maximum rent for an applicable household income level described herein determined under California Health and Safety Code Section 50053( b) and any related regulations, it being understood that rent may be less than such maximum.
b. " Area" means the San Bernardino Primary Metropolitan Statistical Area, as periodically defined by HUD.

C. " Base Period" means a period of 55 years commencing as of the date that the Project is fully constructed.
d. " Certificate" or " Certification" is defined in Article II, Section 4. e. " City" means and refers to the City of Highland, a municipal corporation. f. " City Code" means and refers to the City of Highland Municipal Code as revised from time to time.
g. " Gross Income" means all payments from all sources received by a person together with the gross income of all persons of the age of 18 years or older who intend to reside with such person in one residential unit) whether in cash or in kind as calculated pursuant to the Department of Housing and Community Development Regulations. h. " Improvements" means the improvements on the Site.
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i. " Median Income for the Area" means the median income for the Site most recently determined by the Secretary of Housing and Urban Development and published by the HCD under the California Health and Safety Code.
j. " Prescribed Income Levels" means that one studio, 3 one -bedroom units, 5 two -bedroom units, and 2 three -bedroom unit are restricted to households who make no more than 50% of area median income ( i.e., Very Low Income Households). k. " Project" means the 220 unit multi -family rental housing project on the Site that is required to be constructed and operated in conformity with this Agreement throughout the Required Covenant Period.

1. " Required Affordable Units" means the 11 units in the Project that are restricted by this Agreement and shall include one studio, 3 one -bedroom units, 5 two -bedroom units, and 2 three -bedroom units.

M. " Required Covenant Period" means the period commencing on the date this Agreement is recorded and ending at the end of the Base Period. n. " Site" means all of the real property and appurtenances as described in the Recitals above, including all structures and other improvements thereon, and those hereafter constructed.
o. " Unit" means a dwelling unit on the Site.

P. " Very Low Income Households" means households earning not greater than fifty percent ( 50%) of the Median Income for the Area pursuant to Health and Safety Code Section 50105.
q. " Very Low Income Unit" means a Unit restricted to a Very Low Income Household.

ARTICLE II
PERMITTED USES; DENSITY BONUS CONCESSIONS AND WAIVERS

1. Permitted Uses
a. Uses. The Developer shall develop the Project on the Site; thereafter, the Site shall be operated as in compliance with Agreement. None of the units in the Project shall at any time be utilized on a transient basis nor shall the Project or any portion thereof ever be used as a hotel, motel, dormitory, fraternity or sorority house, rooming house, hospital, nursing home, sanitarium, rest home or trailer court or park.

2. Density Bonus, Incentives, and Waivers.
a. One Density Bonus. In compliance with Government Code section 65915( f), by constructing a Project where 5 percent of the units will be restricted to Very Low 3-
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Income Households, the Developer is entitled to a 20% density bonus. As such, the Developer shall be entitled to one density bonus in the amount of 17 units. b. One Incentive. The Developer shall be entitled to the following incentive:

Private Open Space. City Code Section 16. 16.040.E.3. d requires that each dwelling unit shall have a minimum private open space of 150 square feet with a minimum dimension of 10 feet.

For units designed above the ground units, one or two balconies, with a combined minimum area of 100 square feet, shall be provided. The Developer may construct and operate the Project by providing 150 square feet for the ground floor and 60 square feet for upper floors.

C. One Waiver: The Developer shall be entitled to the following waiver of development standards: Public Open Space. City Code Section 16. 16. 040.E. 3. c provides that outdoor open space shall comprise not less than 40 percent of the net acreage. The Developer may construct and operate the Project by providing open space comprising not less than 9 percent ofthe net acreage.
d. Parking Concession: Table 16. 52. 030 of the City Code requires that multifamily projects located in the R-4 Zoning District provide 1. 5 parking spaces for every studio and one -bedroom unit, 1. 9 parking spaces for every 2 bedroom unit, 2. 1 parking spaces for every 3 bedroom unit, and 0.3 parking spaces per unit for guest parking. The Project is proposing 14 studios, 70 one -bedroom units, 103 two -bedroom units and 33 three -bedroom units. Based on the 220 units that will be constructed, the Project is required to provide 458 parking spaces ( 126 parking spaces for the studios and one -bedroom units, 196 parking spaces for the two -bedroom units, 70 parking spaces for the three -bedroom units, and 66 guest parking spaces).

Government Code section 65915( p)( 2) provides that upon the request of a developer, a city shall not require a vehicular parking ratio, inclusive of parking for persons with a disability and guests, that exceeds the following ratios: ( 1) for zero to one bedroom units, one parking space, and ( 2) for two to three bedroom units, one and one- half parking spaces. Therefore, in compliance with Government Code Section 65915( p)( 2), the Developer is only required to provide 84 parking spaces for the studios and one -bedroom units, and 204 spaces for the two and three bedroom units, and no spaces for guest parking, for a total of 288 parking spaces. The Developer is proposing to and shall construct 418 parking spaces.

Affordable Housing Restrictions.

In exchange for the foregoing incentives, concessions, and waivers, the parties agree as follows:
a. Number of Units. During the Base Period, the Required Affordable Units shall be rented to households at the Prescribed Income Levels at Affordable Rent.

At such time as a tenant ceases to qualify as a Very Low Income Household, the Developer shall hold the next available unit of the same unit size as a unit available only to a Very Low Income Household.
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Except to the extent prohibited by federal law or other regulatory agreements applicable to the property, in the event a household' s income initially complies with the corresponding income restriction for a Very Low Income Household, but the income of such household increases, such increase shall not be deemed to result in a violation of the restrictions of this Agreement concerning limitations upon income of occupants, but Developer must comply with the previous paragraph.
b. Duration ofHousing Restrictions. The Required Affordable Units shall be available to and occupied by Very Low Income Households at Affordable Rent throughout the Required Covenant Period. All tenants residing in any Unit for which rents are limited by virtue of this Agreement, during the last two (2) Years of the Required Covenant Period shall be given notice by the Developer at least once every six ( 6) months prior to the expiration date of this requirement, that the rent payable on such Unit may be raised to a market rate rent at the end of the Required Covenant Period.

C. Selection ofTenants. As specified below, the Developer shall demonstrate to the City that the proposed tenants of each of the Required Affordable Units constitutes a Very Low Income Household. Prior to the rental or lease of a Required Affordable Unit, the Developer shall require the tenant to execute a written lease and to complete an Income Verification certifying that the tenant( s) occupying the Required Affordable Unit is/ are a Very Low Income Household, and meet( s) the eligibility requirements established for the Required Affordable Unit. The Developer shall verify the income of the tenant( s). d. Determination ofAffordable Rent for the Affordable Units. The Required Affordable Units shall be rented or leased at no greater than the Affordable Rent. The maximum monthly rental for the Required Affordable Unit shall be adjusted annually as permitted by Section 50053 ofthe California Health and Safety Code based on the annual adjustment to the Median Income for the Area established pursuant to Section 50093 of the California Health and Safety Code.

4. Developer Reporting and Records; Tenant Verification. a. Income Verification and Certification. The Developer will obtain and maintain on file an income verification from each tenant for every Required Affordable Unit on the Site dated immediately prior to the initial occupancy of such tenant in the Project.

On that June 15th which first follows commencement ofthe occupancy of any Required Affordable Unit, and annually thereafter, the Developer shall file with City or its designee a Certificate, containing all information required pursuant to Health and Safety Code Section 33418, in a form prescribed by the City. Each Certificate shall cover the immediately preceding fiscal year.

The Developer shall maintain on file throughout the Required Covenant Period each tenant' s executed lease and income verification and rental records for the Required Affordable Units. The Developer shall maintain complete and accurate records and will permit any duly authorized representative of the City to inspect the books and records ofthe Developer pertaining to the Required Affordable Units. The Developer shall prepare and submit to the City annually commencing June 15 first following the recording of this Agreement, a Certificate of MIS
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Continuing Program Compliance. Such documentation shall state for each Affordable Rental Unit the number of bedrooms, the rental amount, the number of occupants, and the income of the occupants and any other information which may be used to determined compliance with the terms of this Agreement.

As part of its annual report, at the City' s request, but not less frequently than prior to each initial and subsequent rental of each Required Affordable Unit to a new tenant household but not lease renewals) and annually thereafter, the Developer shall also provide to the City completed income computation, asset evaluation, and certification forms, for any such tenant or tenants, in substantially the form provided by the City from time to time. The Developer shall obtain an annual certification from each household of each Unit demonstrating that such household is a Very Low Income Household, and meets the eligibility requirements established for each such Required Affordable Unit.

The Developer shall submit to the City any and all tenant income and occupancy certifications and supporting documentation required to be submitted to assist the City' s evaluation of the Developer' s compliance with this Agreement, if determined to be necessary in the reasonable discretion ofthe City Manager, specifically including (without limitation) any documentation or additional certifications that may be necessary to verify compliance with all requirements from all funding sources, and each tenant' s status as to each Required Affordable Unit as a lawful senior household. The City election to monitor some, but not all, of the Affordable Housing Units shall not constitute a waiver of the City' s right to monitor and enforce compliance with respect to all Affordable Housing Units in the future. b. Verification ofIncome ofNew and Continuing Tenants. Gross income calculations for prospective ( and continuing) tenants shall be determined in accordance with 25 Cal. Code Regs. Section 6914. The Developer shall verify the income and information provided in the income certification ofthe proposed tenant as set forth below. 1) The Developer shall verify the income of each proposed tenant of a Required Affordable Unit by at least one of the following methods as appropriate to the proposed tenant:
i) Two ( 2) paycheck stubs from the person' s two ( 2) most recent pay periods;
ii) A true copy of an income tax return from the person for the most recent tax year in which a return was filed;
iii) An income verification certification from the employer of the person;
iv) An income verification certification from the Social Security Administration and/or the California Department of Social Services ifthe person receives assistance from such agencies; and
v) An alternate form of income verification reasonably
requested by the City, if none of the above forms of verification is available to the Developer.

C. Verification Regarding Eligibility ofNew Tenants. The Developer shall retain documentation regarding the eligibility of each new tenant household. 6-
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5. Nondiscrimination.

The Developer shall refrain from restricting the rental, sale or lease of the Site, or any portion thereof, on the basis of race, color, creed, religion, sex, marital status, national origin or ancestry of any person. All such deeds, leases or contracts shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses:
a. In deeds: " The grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision ( a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926. 1, subdivision ( m) and paragraph ( 1) of subdivision ( p) of Section 12955, and Section 12955. 2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein conveyed, nor shall the grantee or any person claiming under or through him or her, establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the premises herein conveyed. The foregoing covenants shall run with the land." b. In leases: " The lessee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through him or her, and this lease is made and accepted upon and subject to the following conditions:

That there shall be no discrimination against or segregation of any person or group of persons, on account of any basis listed in subdivision ( a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926. 1, subdivision ( m) and paragraph ( 1) of subdivision ( p) of Section 12955, and Section 12955. 2 of the Government Code, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the premises herein leased nor shall the lessee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of tenants, lessees, sublessees, subtenants, or vendees in the premises herein leased."
C. In contracts: " There shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision ( a) or ( d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926. 1, subdivision (m) and paragraph ( 1) of subdivision (p) of Section 12955, and Section 12955. 2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises which are the subject of this Agreement, nor shall the grantee or any person claiming under or through him or her, establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the premises herein conveyed. The foregoing covenants shall run with the land."
The covenants established in this Agreement and the deeds, if any, for conveyance for the Site shall, without regard to technical classification and designation, be binding for the benefit and in favor of City. The covenants against discrimination as set forth in this Section 5 shall remain in effect in perpetuity.
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ARTICLE III

PROJECT PHASING
The Developer will be phasing the Project in two separate phases as set forth below.

1. Phase 1 Unit Construction. During Phase 1, the Developer shall construct the following units:
a. 5 market rate studios and 1 studio that shall be restricted as a Very Low Income Unit.
b. 27 market rate one -bedroom units and 1 one -bedroom unit that shall be restricted as a Very Low Income Unit.

C. 47 market rate two -bedroom units and 2 two -bedroom units that shall be restricted as a Very Low Income Unit.
d. 6 market rate three -bedroom units and I three -bedroom unit that shall be restricted as a Very Low Income Unit.

2. Phase 2 Unit Construction. During Phase 2, the Developer shall construct the following units:
a. 8 market rate studios.
b. 40 market rate one -bedroom units and 2 one -bedroom units that shall be restricted as a Very Low Income Unit.

C. 51 market rate two -bedroom units and 3 two -bedroom units that shall be restricted as a Very Low Income Unit.
d. 25 market rate three -bedroom units and 1 three -bedroom units that shall be restricted as a Very Low Income Unit.

3. Phase 1 Parking Construction. During Phase 1, the Developer shall construct the following parking: 126 uncovered resident parking spaces, 27 guest parking spaces, and 41 garage parking spaces.

4. Phase 2 Parking Construction. During Phase 2, the Developer shall construct the following parking: 174 uncovered resident parking spaces, 0 guest parking spaces, and 50 garage parking spaces.

ARTICLE IV

ENFORCEMENT

1. Remedies. Breach of the covenants contained in this Agreement may be enjoined, abated or remedied by appropriate legal proceeding by the City. This Agreement does not in any 8-
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way infringe on the right or duties of the City to enforce any of the provisions of the City Code including, but not limited to, the abatement of dangerous buildings.

2. Nuisance. The result of every act or omission whereby any of the covenants contained in this Agreement are violated in whole or in part is hereby declared to be and constitutes a nuisance, and every remedy allowable at law or equity, against a nuisance, either public or private, shall be applicable against every such result and may be exercised by any owner or its successors in interest, without derogation of the City' s rights under law.

3. Right ofEntry. In addition to the above general rights of enforcement, the City shall have the right through its agents and employees, to enter upon any part of the Project for the purpose of enforcing the California Vehicle Code, and the ordinances and other regulations ofthe City, and for maintenance and/or repair of any or all publicly owned utilities. In addition, the City has the right of entry at reasonable hours and upon and after reasonable attempts to contact the Developer, on any lot to effect emergency repairs or maintenance which the Developer has failed to perform on any of the Required Affordable Units.

4. Costs ofRepair. The costs borne by the City for repairs or maintenance of units, emergency and/ or non -emergency, shall become a charge for which the Developer shall be responsible.

5. Cumulative Remedies. The remedies herein provided for breach of the covenants contained in this Declaration shall be deemed cumulative, and none of such remedies shall be deemed exclusive.

6. Failure to Enforce. The failure to enforce any of the covenants contained in this Agreement shall not constitute a waiver of the right to enforce the same thereafter.

7. Enforcement and Nonliability. The City may from time to time make such efforts, if any, as it shall deem appropriate enforce and/ or assist in enforcing this Agreement.

However, the City will not be subject to any liability for failure to affirmatively enforce any provision of this Agreement.

ARTICLE V

SATISFACTION OF INCLUSIONARY HOUSING REQUIREMENT

1. City Code Section 16. 50. 040( A) requires that fifteen percent of all newly constructed dwelling units in residential developments projects be developed, offered to and sold or rented to very low, low and moderate income households, at affordable housing costs, as follows: Ifthe residential development consists of rental units, a minimum of 10 percent of all units shall be rented to very low income households; the remaining five percent shall be rented to low or moderate income households.

Here, the Developer is only proposing to restrict 5 percent of the units to Very Low Income Households.

2. In lieu of meeting this requirement, City Code Section 16. 50. 050 allows a developer to pay an in lieu fee in an amount established by City Council resolution. Pursuant to Resolution No. 2006- 020 the in lieu fee amount that shall be paid by the Developer to the City shall be $490,365 , which is based on the fee schedule applicable on 11/ 15/ 2022, the date ofthe SB330 preliminary application. This amount shall be paid in compliance with Resolution No. 2006- 020. 9-
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3. City Code Section 16. 50. 080 mandates that the Developer and City enter into an inclusionary housing agreement.

4. The Required Affordable Units must be dispersed throughout the Project and shall be comparable in construction quality and exterior design to the market -rate units. The Required Affordable Units shall have access to all on -site amenities.

5. The Required Affordable Units shall be the same size as the market rate units. The unit sizes are as follows: studios ( 445 square feet), one -bedroom units ( 705 square feet), two -bedroom units 975 square feet), and three -bedroom units ( 1109 square feet). The location of the Required Affordable Units is shown on Exhibit " B".

ARTICLE VI

GENERAL PROVISIONS

1. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in all force and effect.

2. Term. This Agreement shall run with and bind the interest of Developer in the Site, and shall bind the owner( s) of all or any portion of or interests in said interest, and shall be enforceable by City, for a term of 55 years from the time the Project is fully constructed, provided; however, that the covenants regarding nondiscrimination set forth in Section 4 of Article II of this Agreement shall remain in effect for perpetuity.

3. Construction. The provisions of this Agreement shall be liberally construed to effectuate its purpose of creating a uniform plan for the development and operation of rental housing available at Affordable Rent for Very Low Income Households.

4. Amendments. This Agreement may be amended only by the written agreement of the Developer and the City.

5. Notices. Any notice permitted or required to be delivered as provided herein to the Developer shall be in writing and may be delivered by certified mail or reputable overnight delivery service and shall be addressed as follows:

Cam:

City of Highland
27215 Base Line
Highland, CA 92346
Attn: City Manager
Developer:

Ho Properties, LLC
c/ o Helios Holdings LLC
840 Ardmore Ave
Hermosa Beach, CA 92054
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Attn: Jonathan Webb
Notices by overnight delivery shall be deemed delivered on the next business day after delivery to the messenger service; notices by certified mail shall be delivered on the date of delivery or inability to deliver/ refusal to accept shown on the return receipt. Such addresses may be changed from time to time by notice in writing.

6. Indemnification. The Developer shall defend, indemnify and hold the City and its elected officials, officers, agents and employees harmless from claims, liabilities, losses, damages and costs and expenses arising from or relating to personal injuries, including death, and property damage which may arise from the activities of the Developer or those of its contractor, subcontractor, agent, employee or other person acting on its behalf which relate to the Project. Notwithstanding the foregoing, this provision shall not apply to any such claims which arise out of, or by reason of, the sole negligence or willful misconduct of the City.

7. Events of Default. The Developer is in default under this Agreement upon the happening of one or more of the following events or conditions:
a. If a warranty, representation or statement made or furnished by the Developer to the City and is inaccurate in any material respect when it was made; b. A breach by the Developer of any of the provisions or terms of this Agreement, after notice and opportunity to cure as provided in Section 5 above.

8. Enforcement; Remedies. In the event of a default under the provisions of this Agreement by the Developer that is not corrected within thirty ( 30) days after written notice of such default is given, then the City may, without further notice, exercise any and all remedies at law, in equity or permitted under or for a violation of the City Code applicable to this Agreement. The City may at any time apply to any court, state or federal, for injunctive relief against any violation by the Developer of any provision of this Agreement.

9. Developer Representation Re: Priority. The Developer represents and warrants that this Agreement, when recorded, is senior and prior to all deeds of trust and other liens, except for liens for property taxes and assessments not yet due.

10. No Waiver of Remedies. Any waiver by the City must be express and in writing and approved by the Highland City Council in order to be effective. No waiver by the City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder.

11. Cure Riizhts of Lenders, Notice. Should the Developer place or cause to be placed any encumbrance or lien on the Project, or any part thereof, the beneficiary (" Lender") of said encumbrance or lien, including, but not limited to, deeds of trust, shall have the right at any time during the term ofthis Agreement and the existence of said encumbrance or lien to do any act or thing required of the Developer under this Agreement, and any such act or thing done or performed by Lender shall be as effective as if done by the Developer itself. If the Developer shall have provided the City in writing with the name of the Lender and a copy of its recorded deed of trust showing its address for notices, then the City shall give written notice of any default 11-
11026-0001\ 28119570.doc
-117-
or breach under this Agreement by the Developer to such Lender and ifthe default can be cured by the payment of money, the City shall give Lender the opportunity after service of the notice to cure the breach or default within sixty ( 60) days after delivery of said notice.

12. Attorneys' Fees. In any proceedings arising from the enforcement of this Agreement or because of an alleged breach or default hereunder, the prevailing party shall be entitled to recover its costs and its reasonable attorneys' fees incurred during the proceeding as may be fixed within the discretion of the court.

13. Applicable Law. This Agreement shall be construed in accordance with and governed by the laws of the State of California.

14. Partial Invalidity. If any provisions of this Agreement shall be deemed to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby.

15. Recordation. This Agreement shall be recorded in the Official Records of the County Recorder of the County of San Bernardino, on all parcels, prior to the issuance of any building permit( s) for the Project.

16. Time of Essence. Time is of the essence of every provision hereof in which time is a factor.

IN WITNESS WHEREOF, this Agreement has been executed by the parties as of the date first set forth above.

DEVELOPER: CITY:

HO PROPERTIES, LLC, CITY OF HIGHLAND,
a California Limited Liability Company
a municipal corporation
By:

Print Name:

Title:

NEED LLC- 1 FILED W/CA SECRETARY

OF STATE, AND COPY OF LLC

OPERATING AGREEMENT SHOWING
OWNERS HIP/AUTHORITY]
Joseph Hughes, City Manager
ATTEST:

Betty Hughes, City Clerk
11026- 0001\ 2811957v3. doe
12-
-118-
APPROVED AS TO FORM:

Maricela Marroquin, City Attorney
13-
11026- 0001\ 2811957v3. doc
-119-
A notary public or other officer
completing this certificate verifies only
the identity ofthe individual who signed
the document to which this certificate is
attached, and not the truthfulness,
accuracy, or validity of that document.

State of California
County of
On , before me,
insert name and title of the officer)
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/ are subscribed to the within instrument and acknowledged to me that he/ she/ they executed the same in his/ her/ their authorized capacity( ies), and that by his/ her/ their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature Seal)
14-
11026- 0001 \ 2811957v3. do c
-120-
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )

COUNTY OF
On , before me,
insert name and title of the officer)
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/ are subscribed to the within instrument and acknowledged to me that he/ she/ they executed the same in his/ her/ their authorized capacity( ies), and that by his/ her/ their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature Seal)
15-
11026- 0001\ 2811957v3. doc
-121-
EXHIBIT " A"

LEGAL DESCRIPTION OF THE SITE

THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF SAN

BERNARDINO, STATE OF
CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

PARCEL A:

PARCEL 1 OF PARCEL MAP NO. 3281, IN THE CITY OF HIGHLAND, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 29 OF PARCEL MAPS, PAGE 30, RECORDS OF SAID COUNTY.

ASSESSOR' S PARCEL NUMBER: 0278- 131- 45- 0- 000
PARCEL B:

PARCEL 2 OF PARCEL MAP NO. 3281, IN THE CITY OF HIGHLAND, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 29 OF PARCEL MAPS, PAGE 30, RECORDS OF SAID COUNTY.

ASSESSOR' S PARCEL NUMBER: 0278- 131- 46- 0- 000
PARCEL C:

PARCEL 1 OF PARCEL MAP 6940, IN THE CITY OF HIGHLAND, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 74 OF PARCEL MAPS, PAGES 95 AND 96, RECORDS OF SAID COUNTY.

ASSESSOR' S PARCEL NUMBER: 0278- 131- 47- 0- 000
swell
11026-0001\ 2811957v3. doc
-122-
EXHIBIT " B"

DESCRIPTION/ LOCATIONS OF RESTRICTED UNITS
17-
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-128-
ATTACHMENT 5
Resolution for Variance ( VAR 23- 003)
-129-
RESOLUTION NO. 2023 -

A RESOLUTION OF THE HIGHLAND CITY COUNCIL APPROVING
VARIANCE (VAR 23-003) TO ALLOW AN INCREASE IN THE MAXIMUM HEIGHT FOR A PERIMETER FENCE/ WALL FROM 6- FEET TO 7. 75-

FEET IN ASSOCIATION WITH DESIGN REVIEW APPLICATION ( DRA 23- 002) AND LOT LINE ADJUSTMENT ( LLA 23- 003) TO CONSTRUCT A MULTI - PHASE, 220- UNIT, 4-STORY APARTMENT COMPLEX ON A VACANT 6. 77 ACRE SITE LOCATED ON THE WEST SIDE OF
STERLING AVENUE, 250 FEET NORTH OF 9TH STREET.

ASSESSOR' S PARCEL NUMBERS: 0278- 131- 45, - 46, & - 47 APPLICANT: HELIOS HOLDINGS, LLC
A. RECITALS

16. 40. 090 of the City Municipal Code related to Design Review Application ( DRA 23- 002), ( 3) an application for Lot Line Adjustment ( LLA 23- 003) to relocate the existing parcel boundaries and create separate parcels for the multi -phase development of the 220- unit multi -family apartment complex, and ( 4) an application for a Variance ( VAR 23- 003) to allow an increase in the maximum height for the perimeter fence/wall from 6-feet to 7. 75 feet in association with DRA 23- 002 and LLA23- 003 ( referred to collectively as " Project").

2. The Project is located on a 6. 77 acre site comprised of thee ( 3) parcels located on the west side of Sterling Avenue, 250 feet north of 9th Street, zoned Multifamily Residential ( R- 4) with a General Plan Designation of Residential High Density Special Overlay.

5. A duly noticed public hearing was held by the City Council on October 10, 2023, in the City Hall Council Chambers and notice of the time, date, place and purpose of the aforesaid hearing was given as required by applicable law. At the public -130-
hearing, the City Council took testimony, both written and oral, from various parties, including the Applicant.

6. All legal prerequisites to the adoption of this Resolution have occurred.

Based upon the Initial Study, the Mitigated Negative Declaration, and the MMPR, the Project will not have a significant impact upon the environment.

B. RESOLUTION
NOW THEREFORE, it is hereby found, determined and resolved by the Highland City Council as follows:

The City Council finds that all of the facts set forth in the Recitals, Part " A" of this Resolution, are true and correct.

2. The Highland City Council, after due consideration, inspection, investigation and study made by itself and on its behalf, and after due consideration of all evidence and reports offered at said hearing, including the staff report to the City Council dated October 10, 2023 and which is incorporated herein by this reference, does find and determine the following facts:
a. All necessary public meetings and opportunities for public testimony and comment have been conducted in compliance with State Law and the Municipal Code of the City of Highland.

4. Findings of Fact for Variance ( VAR 22- 004):
a. That a strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary hardship not otherwise shared by others within the surrounding area or vicinity.

Response: The regulation for which a variance is requested is Section

16. 40. 100 of the Highland Municipal Code for Fences and Walls. The maximum allowable wall and fence height within the " R- 4" residential district is 6- feet.
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The Applicant conveyed to Staff that due to the overall size of the development, slightly taller perimeter fencing would be suitable. The Applicant has proposed a 7. 75- foot tall CMU block wall around the entire perimeter of the site. The access gates at the two ( 2) Sterling Avenue entrance/ exits as well as the emergency exit onto Elm Street will be constructed of 7. 75- foot tall tubular steel. The security fencing along the pool area within Building A will be a combination of the 7. 75- foot tall CMU block wall and black tubular steel.

A strict interpretation of the 6- foot maximum height would result in a hardship to the Project in that it could not properly be secured. The site will house 220 families, valuable amenities, and personal property. The Project is in a high -traffic area susceptible to crimes of convenience. The additional fence height is necessary for the security of the residents and property. b. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property which do not apply generally to other properties in the vicinity and under the same zoning classification.

Response: The residential development is physically large, 4 stories, approximately 53 feet tall. It will house 220 families within 6. 77 acres, a density in excess of 30 dwelling units per acre. The size and density of the Project are unique to the vicinity. The Applicant conveyed to Staff that given the logistics of securing a multi -family residential complex along a primary thoroughfare like Sterling Avenue, slightly taller perimeter fencing would be suitable. The Applicant has proposed a 7. 75- foot tall CMU block wall around the entire perimeter of the site.
c. That the strict interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the vicinity and under the same zoning classification.

Response: The Applicant would be deprived of constructing a perimeter fence/wall that would significantly aid in improving the security of a site that is located in an area with a higher number of calls for service from local law enforcement.
d. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and under the same zoning classification.

Response: The granting of the variance is permitted by the Municipal Code, Section 16. 08.070 Variances. The Community Development Director has the authority to grant a Minor Variance including, 16. 08. 070. C. 7 " Up to 30 percent of height limitations, except that any height deviation not exceed two feet shall also be considered a minor variance." Per the Municipal Code, -132-
the Director could authorize a maximum fence/wall height of 8 feet, however, because the related Project entitlements require City Council approval, the Variance too must be considered by the City Council with respect to the totality of the Project. Approval of the variance will not constitute a grant of special privilege as it is necessary due to the site - specific nature of the project as well as the Project' s density and design. e. That a granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity; and
Response: The granting of a variance for an additional 1. 75 feet of fence/ wall height will not be detrimental to the public health, safety or welfare, or materially injurious to the property itself or any of the adjacent properties. Instead, the increased wall/ fence height will improve the safety of the residents in this apartment complex. The site design is still compliant with the setbacks required for the " R- 4" Multi -Family residential zone. Noise, sound, vibration, lighting and traffic issues were all analyzed in the Project' s Initial Study. Mitigation Measures were established as appropriate to respond to any potential impact to properties and improvements in the area.

Said Mitigation Measures will be adopted with the Project' s Conditions of Approval.
f. That the granting of the variance is consistent with the objectives and policies of the general plan and the intent of this title.

Response: This development utilizes Government Code Section 65915 as well as Highland Municipal Code section 16. 40. 090 to obtain a five ( 5) percent " density bonus" for eleven ( 11) total affordable units. In doing so, the developer is granted a deviation from the conventional " R- 4" standards pertaining to parking and open space. The Project satisfies all other " R- 4" development criteria pertaining to setbacks, lot coverage, and building height.

7. Based on the Findings and Conclusions set forth above, the Highland City Council approves Variance ( VAR 23- 003).

C. ADOPTION OF RESOLUTION.

The City Clerk shall certify to the adoption of this Resolution and shall cause the same to be published or posted in the manner prescribed by law. -133-
PASSED, APPROVED, and ADOPTED this 10th day of October, 2023.

Larry McCallon, Mayor
ATTEST:

Betty Hughes, MMC
City Clerk
APPROVED AS TO FORM:

Maricela E. Marroquin
City Attorney
-134-
ATTACHMENT 6
Resolution for Lot Line Adjustment ( LLA 23- 003)
Exhibit A: Lot Line Adjustment
Exhibit B: Conditions of Approval
-135-
RESOLUTION NO. 2023 -

A RESOLUTION OF THE HIGHLAND CITY COUNCIL APPROVING LOT LINE ADJUSTMENT ( LLA 23- 003) TO RELOCATE THE EXISTING

PARCEL BOUNDARIES TO CREATE SEPARATE PARCELS FOR THE
MULTI - PHASE DEVELOPMENT OF A 220- UNIT, 4- STORY
APARTMENT COMPLEX ON A 6. 77 ACRE SITE LOCATED ON THE
WEST SIDE OF STERLING AVENUE, 250 FEET NORTH OF 9TH
STREET. ASSESSOR' S PARCEL NUMBERS: 0278- 131- 45, - 46, & - 47 ASSESSOR'S PARCEL NUMBERS: 0278- 131- 45, - 46, & - 47
APPLICANT: HELIOS HOLDINGS, LLC
A. RECITALS
On April 19, 2023, Helios Holdings, LLC ( the " Applicant") submitted ( 1) Design Review Application ( DRA 23-002) for the site plan, landscape plan, grading plan, and building elevations related to the construction of a 220- unit multi -family apartment complex, ( 2) an application for a " density bonus" under Section

16.40. 090 of the City Municipal Code related to Design Review Application ( DRA 23- 002), ( 3) an application for Lot Line Adjustment ( LLA 23- 003) to relocate the existing parcel boundaries and create separate parcels for the multi -phase development of the 220- unit multi -family apartment complex, and ( 4) an application for a Variance ( VAR 23- 003) to allow an increase in the maximum height for the perimeter fence/ wall from 6- feet to 7. 75 feet in association with DRA 23- 002 and LLA23- 003 ( referred to collectively as " Project").

2. The Project is located on a 6. 77 acre site comprised of thee ( 3) parcels located on the west side of Sterling Avenue, 250 feet north of 9t" Street, zoned Multifamily Residential ( R- 4) with a General Plan Designation of Residential High Density Special Overlay.

5. A duly noticed public hearing was held by the City Council on October 10, 2023, in the City Hall Council Chambers and notice of the time, date, place and purpose of -136-
the aforesaid hearing was given as required by applicable law. At the public hearing, the City Council took testimony, both written and oral, from various parties, including the Applicant.

6. All legal prerequisites to the adoption of this Resolution have occurred.

Based upon the Initial Study, the Mitigated Negative Declaration, and the MMPR, the Project will not have a significant impact upon the environment.

B. RESOLUTION
NOW THEREFORE, it is hereby found, determined and resolved by the Highland City Council as follows:

The City Council finds that all of the facts set forth in the Recitals, Part " A" of this Resolution, are true and correct.

2. The Highland City Council after due consideration, inspection, investigation and study made by itself and on its behalf, and after due consideration of all evidence and reports offered at said hearing, including the staff report to the City Council dated October 10, 2023 and which is incorporated herein by this reference, does find and determine the following facts:
a. All necessary public meetings and opportunities for public testimony and comment have been conducted in compliance with State Law and the Municipal Code of the City of Highland.

3. Lot Line Adjustment ( LLA 23- 003) proposes to relocate the existing parcel boundaries and create separate parcels for the multi -phase development of a 220- unit, 4- story apartment complex on a 6. 77 acre site located on the west side of Sterling Avenue, 250 feet north of 9th Street.

4. Lot Line Adjustment ( LLA 23- 003) complies with the provisions of Chapter 16. 68 Land Divisions of the Highland Municipal Code.
-137-

5. Lot Line Adjustment ( LLA 23- 003) complies with the Subdivision Map Act, Sections 66410- 66499. 58 of the Government Code of the State of California.

8. Findings of Fact for Lot Line Adjustment ( LLA 23- 002):
a. The subdivision is consistent with applicable General and specific plans.

Response: The proposed Lot Line Adjustment will reposition the existing parcel boundaries to effectuate a phased project and is conditioned to merge the two lots prior to occupancy of the second phase to ensure effective property management and property maintenance. This Lot Line Adjustment and Lot Merger is consistent with the City' s General Plan Community Design Element Chapter 10, Goal 10. 7, Policy 9 which requires lot consolidation for lots under same ownership, wherever practical, to encourage more flexible design solutions and viable parcel sizes. The sites associated with the subject Lot Line Adjustment is not within a Specific Plan. b. That the design or improvement of the proposed subdivision is consistent with applicable General and Specific Plans.

Response: The proposed Lot Line Adjustment will reposition the existing parcel boundaries to effectuate a phased project and is conditioned to merge the two lots prior to occupancy of the second phase to ensure effective property management and property maintenance. This Lot Line Adjustment and Lot Merger is consistent with the City' s General Plan Community Design Element Chapter 10, Goal 10. 7, Policy 9 which requires lot consolidation for lots under same ownership, wherever practical, to encourage more flexible design solutions and viable parcel sizes. The sites associated with the subject Lot Line Adjustment is not within a Specific Plan. c. That the site is physically suitable for the type of development.

Response: The site is generally flat without any unusual features and is located within an urbanized area with existing services and infrastructure available to the Site. The proposed Lot Line Adjustment will reposition the three ( 3) existing parcel boundaries so that Building A will be on its own parcel, Building B will be on its own parcel, and the guest parking area near the Elm Street emergency access will be on its own parcel to allow for the flexibility of a phased development. The site is vacant and is physically suitable for the development of a multi -unit apartment complex.
d. The site is physically suitable for the proposed density of development.

Response: The site is relatively flat and vacant, and there are no physical constraints noticeable to impact the development of the site as a multi -family residential use. The Lot Line and conditioned lot merger will help achieve the minimum density of 20 dwelling units per acre and a maximum density of 30 dwelling units per acre.
-138-
e. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

Response: An Initial Study was prepared for the Project and potential impacts to air quality, biological resources, tribal/ cultural resources, noise, as well as geology and soils were identified. A Mitigated Negative Declaration was prepared and Project specific mitigation measures have been included to reduce said impacts to below a level of significance and the list of mitigation measures have been included in the Mitigation Monitoring and Reporting Program ( MMRP). Based upon the Findings of the Initial Study, the Mitigated Negative Declaration, and the MMRP, the Project will not have a significant impact upon the environment. f. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems.

Response: The Project has been reviewed and conditioned by the City' s Engineering, Building and Safety, Planning Divisions and Fire Department so that the design of the Lot Line Adjustment or the types of improvements will meet all local, state and federal codes as they relate to residential uses. It is in an urbanized area and will improve onsite conditions by developing this vacant site and no public health problems are expected.
g. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision.

Response: The proposed Lot Line Adjustment will reposition the existing parcel boundaries so that Building A will be on its own parcel, Building B will be on its own parcel, and the guest parking area near the Elm Street emergency access will be on its own parcel. There are no known easements on or adjacent to the property that the proposed Lot Line Adjustment would conflict with.

9. This Project is not within a high fire severity zone. Findings required by Government Code section 66474. 02 are not applicable.

10. The Project is not subject to the Williamson Act. Findings required by Government Code section 66474. 4 are not applicable.

11. Based on the Findings and Conclusions set forth above, the Highland City Council approves Lot Line Adjustment ( LLA 23- 003) to relocate the existing parcel boundaries and create separate parcels for the multi -phase development, subject to the attached conditions of approval.

Exhibit A includes Lot Line Adjustment Plans
Exhibit B includes the Conditions of Approval for Lot Line Adjustment -139-
PASSED, APPROVED, and ADOPTED this 10th day of October, 2023.

Larry McCallon, Mayor
ATTEST:

Betty Hughes, MMC
City Clerk
APPROVED AS TO FORM:

Maricela E. Marroquin
City Attorney
-140-
-141-
-142-

EXHIBIT A
Lot Line Adjustment Plans
-143-
EXHIBIT " A "

LEGAL DESCRIPTION
LOT LINE ADJUSTMENT NO.

LOT 1
IN THE CITY OF HIGHLAND, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, BEING PARCEL 2 AND THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 3281, AS PER MAP FILED IN BOOK 29, PAGE JO, OF

PARCEL MAPS, RECORDS OF SAID COUNTY, SAID PORTION LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE:

BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 1,
THENCE ALONG THE SOUTH LINE OF SAID PARCEL 1, SOUTH 8937' 15" EAST, 324.55 FEET TO THE TRUE POINT OF BEGINNING.;
THENCE LEAVING SAID LINE, NORTH 00' 00' 01" WEST 256. 71 FEET TO THE NORTH LINE OF SAID PARCEL 1; THE ABOVE DESCRIBED PARCEL CONTAINS 3.041 ACRES, MORE OR LESS.

SHEET 1 OF 2
EXHIBIT " A" — LEGAL DESCRIPTION
160 S. Old Springs Road
LOT LINE ADJUSTMENT NO. dolma Engineering, Inc.

Suite 210

CITY OF HIGHLAND, CALIFORNIA
Anaheim Hills, CA 92808
Civil Engineering/ Land Surveying/ Land Planning ( 714) 685- 6860 -144-
EXHIBIT " A "

LEGAL DESCRIPTION
LOT LINE ADJUSTMENT NO.

LOT 2
IN THE CITY OF HIGHLAND, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, BEING PARCEL 1 OF PARCEL MAP NO. 6940 TOGETHER WITH THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 3281, SAID PORTION LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE:

BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 1 OF PARCEL MAP NO. 3281; THENCE ALONG THE SOUTH LINE OF SAID PARCEL 1 OF PARCEL MAP NO, 3281, SOUTH 8937' 15" EAST 324. 55 FEET TO THE TRUE PAINT OF BEGINNING;
THENCE LEAVING SAID LINE, NORTH 00 OO' O1 " WEST, 256. 71 FEET TO THE NORTH LINE OF SAID PARCEL 1 OF PARCEL MAP NO. J281.

THE ABOVE DESCRIBED PARCEL CONTAINS 3.670 ACRES, MORE OR LESS.

ALL AS SHOWN ON EXHIBIT " B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.

THIS DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIREC77ON IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT.

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FOF CALF SHEET
2 OF 2 EXHIBIT "
A" — LEGAL DESCRIPTION I60
S. Old Springs Road LOT
LINE ADJUSTMENT NO. a QC Engineering, Inc. Suite
210 CITY
OF HIGHLAND, CALIFORNIA Anaheim
Hills, 92808 Civil
Engineering/ land Surveying/ Land Planning ( 114) 685- 6860 -145-
11 i
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N
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LOT 2
SEE SHEET 2
PARCEL 1
PARCEL MAP NO. 3281
P.M.B. 29130
EXHIBIT " B"
MAP
LOT LINE ADJUSTMENT NO.

LOT l PARCEL 2
SEE SHEET 3
PORTION ME. 114, SEC. 1 T 1. S., R.4. W. p
S.B.M. m N
o
9TH STREET
AREAS
ILQ
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W
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2 W
Iy
LEGEND PARCEL 1 PM. NO. J281 — 4.244 AC
PROJECT LIMITS PARCEL 2 PM. NO. J281 — 0. 710 AC N
NEW LOT LINE TOTAL — 6. 711 AC

CENTER LINE
EXISTING LOT LINE TO REMAIN PROPOSED LOT 1 — 3.041 AC
EXISTING LOT LINE TO BE REMOVED PROPOSED LOT 2 — 3.670 AC SCALE. 1" 150' UNDERLYING LOT LINE TOTAL — 6. 711 AC SHEET 1 OF 3
EXHIBIT " B — PLAT
160 S. Old Springs Road
LOT LINE ADJUSTMENT NO. 10RCEngineering, d- Inc.

Suite
m

CITY OF HIGHLAND, CALIFORNIA
Anaheim Hills, 92808
Civil Engineering/ Land Surveying/ land Planning ( 71¢) 685- 686 0 J
-146-
EXHIBIT " B"
PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR EXHIBIT " A"
27'
57' 30'
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N8958' 27" W 205.80' IQ,
69 N 10
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325. 02 493. 47
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LINE INFORMA TION
L 1 N0070' 28 " W 61. 75'
L2 S8937' 15" E 34. 18'
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324. 35'
S8937' 15E 664. 80' —
PORTION N.E. 114, SEC. 1 T.1. S.,
R.4. W.

S.B.M.

LEGEND

PROJECT LIMITS
NEW LOT LINE — —

CENTER LINE

EXISTING LOT LINE TO REMAIN

EXISTING LOT LINE TO BE REMOVED

UNDERLYING LOT LINE

OR STREET - T
J40. 45'
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SCALE.- 1 "- 100'
SHEET 2 OF 3
160 S. Old Springs Road
LOT LINE ADJUSTMENT NO. RC Engineering, Inc. SuiteAnah210 B — EXHIBIT " PLAT Hills
CA 92808 CITY
OF HIGHLAND, CALIFORNIA Civil Engineering/ land Surveying/ land Planning ( 714) 695- 6860 -147-
L2
325. 02'
LOT 2
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PARCEL 1
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324. 35'
T.P.O.B.

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LINE INFORMA TION PROJECT
LIMITS L2 S8937' 15"E 34. 18' NEW
LOT LINE L4 N00 05'30"E 68. 92' CENTER
LINE L5 N00 05'30"E 70. 00' EXISTING
LOT LINE TO REMAIN L6 S00 05'30"W 15. 79' EXISTING

LOT LINE TO BE REMOVED UNDERLYING
LOT LINE 41'
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I
SCALE:
1 "=100' SHEET
3 OF 3 EXHIBIT "
B — PLAT Suit S.

Old Springs Road LOT
LINE ADJUSTMENT NO. (a RC Engineering, Inc. Anaheiim Hills CA 92808 CITY OF HIGHLAND, CALIFORNIA Civil Engineering/ Land Surveying/ Land Planning ( I14) 685- 6860 -148-

EXHIBIT B
Conditions of Approval
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CITY OF HIGHLAND

PLANNING DIVISION CONDITIONS OF APPROVAL
Date: October 10, 2023
Applicant: Helios Holdings, LLC
File/ Index: Lot Line Adjustment ( LLA 23- 003)
Proposal: Relocation of the existing parcel boundaries to create separate parcels for a multi -phase, 220- unit multi -family residential development.

Location: Three ( 3) vacant parcels, totaling 6. 77 acres in area, located on the west side of Sterling Avenue, 250 feet north of 9th Street.

Assessor' s Parcel Numbers: 0278- 131- 45, - 46, & - 47 Related Entitlements: Design Review Application ( DRA 23- 002) & Variance ( VAR 23- 003)

PLANNING CONDITIONS OF APPROVAL
Note: These Conditions represent Planning Division Conditions only and are meant to be only one part of the Project' s overall Conditions that include Engineering, Fire Department and Building and Safety Conditions of Approval. All required on -site and off - site improvements shall be completed and approved prior to final inspection for occupancy, except where noted.

This Lot Line Adjustment ( LLA 23- 003) is conditionally approved, subject to compliance with the requirements as specified below. The Conditions listed below are continuing Conditions; failure of the Applicant and/or operator to comply with any/all Conditions at any time shall result in initiating revocation of the subject permit. 1) This Lot Line Adjustment ( LLA 23- 003) shall become null and void:
a. Unless all Conditions have been complied with and the occupancy or use of the land or existing structures authorized by such Conditional Use Permit has taken place within thirty- six ( 36) months after the approval of said Lot Line Adjustment.
b. Where circumstances beyond the control of the Applicant cause delays which do not permit compliance within the time limitation established in this Section, the Planning Commission may grant an extension of time every subsequent twelve ( 12) months, not to exceed thirty-six (36) months in total.

Applications for such extensions of time must be set forth, in writing, by reasons for this extension and shall be filed together with a fee as established by the City Council, with the Planning Department sixty ( 60) calendar days before the expiration of the Lot Line Adjustment. 2) The subject property shall be developed in accordance with plans and materials approved by the Planning Commission on September 5, 2023, on file with the City -150-
of Highland Planning Division, and shall be in compliance with all conditions of approval contained herein.
3) Revisions, modifications, and/ or deletions to the approved plans shall be submitted to the Planning Division for review and approval. Revisions, modifications and/ or deletions may require additional review by the Planning Commission. 4) In compliance with the Highland Municipal Code, the Applicant/ Owner shall, at his/ her sole cost and expense and through counsel of the City' s choosing, protect, defend, indemnify, and hold harmless, the City, its officers, employees, agents, and consultants ( collectively, " City indemnitees"), from all liability and monetary damages, and all claims, actions, or proceedings brought against the City indemnitees, arising from the issuance of the permit or approval, or the denial thereof, or arising from any action by any person seeking to have a permit or approval held void by a court of law. Owner/ Applicant shall make a deposit of City' s reasonably anticipated costs and attorneys' fees in advance, and shall promptly reimburse the City for any fees, costs, or damages City actually incurs in excess of the deposit.
5) No expansion of the project beyond the scope and nature described in the application ( LLA 23- 003), which would tend to increase the projected scale of the project, shall be permitted except upon application for, and approval of, modification of this application in compliance with all procedures and requirements therefore.
6) The Applicant and recorded owner of the property shall submit to the Planning Division written evidence of agreement with all conditions of this approval before the approval becomes effective. Plan check cannot begin prior to receipt of this signed documentation.
7) Prior to issuance of permits, all proposed construction work shall be subject to plan check and approval with the Planning Division, Engineering Division, Building Division and Fire Department. The plans shall demonstrate compliance with the currently adopted California Building, Plumbing, Mechanical, Electrical, Fire, Energy, and Green Codes, Highland Municipal Code, Engineering Directives and Standards, and all conditions contained herein.
8) All Ordinances, Policy Resolutions, and Standards of the City in effect at the time this project is approved shall be complied with as a condition of this approval. 9) Prior to the issuance of a Certificate of Occupancy within Phase II ( i. e., Lot 2 of the Lot line Adjustment), a Parcel Merger must be completed to combine all associated parcels into one ( 1) parcel.
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ATTACHMENT 7
Resolution adopting Mitigated Negative
Declaration ( ENV 23- 005)
Exhibit A: Initial Study/ Mitigated Negative Declaration Exhibit B: Mitigation Monitoring and Reporting
Program ( MMRP)
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RESOLUTION NO. 2023 -

A RESOLUTION OF THE HIGHLAND CITY COUNCIL ADOPTING A

MITIGATED NEGATIVE DECLARATION AND MITIGATION
MONITORING AND REPORTING PROGRAM ( ENV 23- 005) FOR THE DEVELOPMENT OF A OF A 220- UNIT, 4- STORY APARTMENT
COMPLEX ON A VACANT 6. 77 ACRE SITE LOCATED ON THE WEST SIDE OF STERLING AVENUE, 250 FEET NORTH OF 9TH STREET.

RELATED ENTITLEMENTS INCLUDE DESIGN REVIEW APPLICATION
DRA 23- 002), LOT LINE ADJUSTMENT ( LLA 23- 003), AND VARIANCE VAR 23- 003).

ASSESSOR' S PARCEL NUMBERS: 0278- 131- 45, - 46, & - 47 APPLICANT: HELIOS HOLDINGS, LLC
A. RECITALS

1. On April 19, 2023, Helios Holdings, LLC ( the " Applicant") submitted ( 1) Design Review Application ( DRA 23- 002) for the site plan, landscape plan, grading plan, and building elevations related to the construction of a 220- unit multifamily apartment complex, ( 2) an application for a " density bonus" under Section 16.40. 090 of the City Municipal Code related to Design Review Application ( DRA 23- 002), ( 3) an application for Lot Line Adjustment ( LLA 23- 003) to relocate the existing parcel boundaries and create separate parcels for the multi -phase development of the 220- unit multi -family apartment complex, and ( 4) an application for a Variance ( VAR 23- 003) to allow an increase in the maximum height for the perimeter fence/wall from 6-feet to 7. 75 feet in association with DRA 23- 002 and LLA23- 003 ( referred to collectively as Project").

2. The Project was processed, including but not limited to all public notices, in the time and manner prescribed by State and local law, including the California Environmental Quality Act, Public Resources Code 21000, et seq. and the California Environmental Quality Act Guidelines, 14 Cal. Code Regs 15000 et seq. ( collectively referred to as " CEQA").

3. Pursuant to CEQA and State and Local CEQA Guidelines, the City of Highland is the Lead Agency, and is charged with the responsibility of deciding whether or not to approve the proposed Project.

4. An Initial Study prepared for the Project was made available for public review from August 1, 2023 to August 30, 2023.

5. The Initial Study finds that either no impact or less than significant impacts would be associated with the issues of Aesthetics, Agricultural and Forestry Resources, Energy, Greenhouse Gas Emissions, Hazards and Hazardous Materials, Hydrology and Water Quality, Land Use and Planning, Mineral -153-
Resources, Noise, Population/ Housing, Public Services, and Recreation, Transportation and Traffic, Wildfire, and Utilities and Services Systems.

6. The Initial Study also finds that the potential impacts to air quality, biological resources, cultural resources, as well as geology and soils require the implementation of mitigation measures to reduce impacts to a less than significant level. Based on the information contained in the Initial Study, it was determined that the Project could have a significant effect on the environment, but that mitigation measures could be implemented to reduce such impacts to a less than significant level. Based upon this determination, a Draft Mitigated Negative Declaration (" Draft MND") was prepared in accordance with CEQA Section 21080( c) and Section 15070 of the State CEQA Guidelines.

7. The City circulated a Notice of Intent to Adopt the Draft MND, along with the Draft MND and its Appendices, to the public and other interested parties for a 30- day comment period from August 1, 2023 through August 31, 2023. The City published a Notice of Intent to Adopt for the Draft MND in the San Bernardino Sun, a newspaper of general circulation within the City, mailed to property owners within 300 feet as well as interested parties. The Notice was also posted on the City' s website, at City Hall, the Sam J. Racadio Library and Environmental Learning Center, and Fire Station No. 1. Copies of the related documents were made available for public review and inspection at the offices of the Department of Community Development, located at City Hall, 27215 Baseline Street, Highland, California during regular business hours.

8. During the comment period, the City received no written comments on the Draft MND.

9. On September 19, 2023, the Planning Commission of the City of Highland, conducted a Public Hearing on the Project, at which time the Planning Commission heard and considered information presented by City staff on the Project and its environmental review. In addition, all interested persons had an opportunity to and did testify regarding this matter. At the conclusion of the hearing, the Planning Commission adopted Resolution No. 2023- 045, recommending the City Council adopt the Initial Study/ Mitigated Negative Declaration and adopt the Mitigation Monitoring and Reporting Program.

10. Public Resources Code Section 21081. 6 requires the City to prepare and adopt a Mitigation Monitoring and Reporting Program for any project for which mitigation measures have been imposed to assure compliance with the adopted mitigation measures. The Mitigation Monitoring and Reporting Program is attached hereto, and is incorporated herein by reference.

11. On October 10, 2023, the Highland City Council conducted a duly noticed Public Hearing on the Project and concluded the Hearing on that date.

12. All legal prerequisites to the adoption of this Resolution have occurred.

B. RESOLUTION
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NOW THEREFORE, it is hereby found, determined and resolved by the Highland City Council as follows:

Section 1. The City Council finds that all of the facts set forth in the Recitals, Part "A" of this Resolution, are true and correct.

Section 2. Based upon substantial evidence presented to the City Council during the October 10, 2023, Public Hearing, including public testimony and written and oral Staff Reports, the City Council finds as follows:
a. All necessary Public Meetings and opportunities for public testimony and comment have been conducted in compliance with State Law and the Municipal Code of the City of Highland.

Section 3 After due consideration of the Final MND and the Project and in the exercise of its independent judgment, the City Council hereby finds and resolves that:
a. Agencies and interested members of the public have been afforded ample notice and opportunity to comment on the Draft MND, the Final MND, and on the Project. The Project has been
environmentally reviewed pursuant to the provisions of CEQA and the State CEQA Guidelines.
b. The City Council has independently considered the administrative record before it, which is hereby incorporated by reference and which includes the Final MND, the written and oral comments on the Draft MND, the Draft MND and its Appendices, staff reports and presentations, and all oral and written testimony.
c. The City Council has reviewed the Final MND and all comments received regarding the Final MND prior to and at the October 10, 2023 public hearing, and based on the whole record before it finds that: ( 1) the Final MND was prepared in compliance with CEQA; ( 2) there is no substantial evidence that the Project will have a significant effect on the environment; and ( 3) the Final MND reflects the independent judgment and analysis of the City Council.

Section 4. Based on the findings set forth in the Resolution, the Highland City Council adopts the Final Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program ( ENV 23- 005), both of which are attached hereto and incorporated herein by reference, and the City Council imposes as a condition on the Project each mitigation measure identified in the Mitigation Monitoring and Reporting Program and directs City staff to implement and to monitor the mitigation measures.

Exhibit A includes the Final Initial Study/Mitigated Negative Declaration Exhibit B includes the Mitigation Monitoring and Reporting Program -155-
C. ADOPTION OF RESOLUTION.

The City Clerk shall certify to the adoption of this Resolution and shall cause the same to be published or posted in the manner prescribed by law.

PASSED, APPROVED, and ADOPTED this 10t" day of October, 2023.

Larry McCallon, Mayor
ATTEST:

Betty Hughes, MMC
City Clerk
APPROVED AS TO FORM:

Maricela E. Marroquin
City Attorney
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Exhibit A includes the Final Initial Study/Mitigated Negative Declaration -157-
HALCYON 220- UNIT MULTI -FAMILY DEVELOPMENT
AT 7536 STERLING AVENUE

INITIAL STUDY/
Lead Agency:

DRAFT I JULY 2023

MITIGATED NEGATIVE DECLARATION
r
Prepared by:

Morse Planning Group
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Draft
Initial Study/ Mitigated Negative Declaration
Halcyon 220-Unit
Multi -Family Development
at 7536 Sterling Avenue
LEAD AGENCY:

City of Highland
27215 Base Line
Highland, CA 92346
Contact: Mr. Ash Syed, Associate Planner
PREPARED BY:

Morse Planning Group
July 31, 2023
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This document has been produced for double -sided printing to conserve natural resources. -161-

MITIGATED NEGATIVE DECLARATION
Title of Project: Halcyon 220-Unit Multi -Family Development at 7536 Sterling Avenue Project Location: The project site is generally located approximately 0. 05 mile north of the 9th Avenue/ Sterling Avenue intersection and approximately 0. 30 mile south of the Baseline Road/ Sterling Avenue intersection.

Project Proponent: Helios Holdings, LLC
840 Ardmore Avenue
Hermosa Beach, CA 92054
Brief Description of Project: The Applicant proposes to construct 220 multi -family residential units on the 6. 77 gross acre project site. Five percent of the base units ( 11 units) are designated for the very low income affordability category.

Two four- story buildings will be constructed providing 220 residential units, totaling 274, 951 square feet inclusive of non- residential building space. Building A will include 90 units and Building B will include 130 units. Additional details regarding the proposed project are provided in Section 2. 4, Project Characteristics.

The permits and approvals from lead, responsible, and trustee agencies that would be necessary include:

City of Highland Design Review approval
City of Highland Lot Line Adjustment approval
City of Highland Minor Variance approval for increased height of perimeter walls
City of Highland issuance of Grading, Building, Landscape & Irrigation, Electric, Mechanical, and Plumbing Permits
City of Highland Fire Department approval of proposed site improvement
East Valley Water District - Water and Sewer Connection Permit Cortese List: The proposed project is not on a site located on the Cortese list.

Project Impacts: The Initial Study/ Mitigated Negative Declaration found that the environmental impacts from the project would be less than significant with the incorporation of mitigation measures.

Mitigation Measures: Mitigation measures or regulatory measures have been included for Biological Resources, Cultural and Tribal Cultural Resources; Geology and Soils; Hazards & Hazardous Materials; and Noise.
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Halcyon 220- Unit Multi -Family Development at 7536 Sterling Avenue Initial Study/ Mitigated Negative Declaration
Table of Contents
Mitigated Negative Declaration........................................................................................... precedes Table of Contents

1. 0 Introduction............................................................................................................................................... 1- 1

1. 1. Statutory Authority and Requirements..................................................................................... 1- 1

1. 2. Purpose.......................................................................................................................................... 1- 2

1. 3. Responsible and Trustee Agencies............................................................................................. 1- 2

1. 4. Consultation.................................................................................................................................. 1- 3

1. 5. Incorporation by Reference......................................................................................................... 1- 3

2. 0 Project Description................................................................................................................................... 2- 1

2. 1. Project Location............................................................................................................................ 2- 1

2. 2. Environmental Setting................................................................................................................. 2- 1

2. 3. Existing General Plan and Zoning............................................................................................. 2- 2

2. 4. Project Characteristics.................................................................................................................. 2- 3

3. 0 Initial Study Checklist............................................................................................................................. 3- 1

3. 1. Background................................................................................................................................... 3- 1

3. 2. Environmental Factors Potentially Affected............................................................................. 3- 2

3. 3. Evaluation of Environmental Impacts....................................................................................... 3- 2

4. 0 Environmental Analysis.......................................................................................................................... 4- 1

4. 1. Aesthetics....................................................................................................................................... 4- 1

4. 2. Agriculture and Forestry Resources.......................................................................................... 4- 5

4. 3. Air Quality..................................................................................................................................... 4- 9

4. 4. Biological Resources................................................................................................................... 4- 23

4. 5. Cultural and Tribal Cultural Resources.................................................................................. 4- 29

4. 6. Energy.......................................................................................................................................... 4- 39

4. 7. Geology and Soils....................................................................................................................... 4- 41

4. 8. Greenhouse Gases...................................................................................................................... 4- 51

4. 9. Hazards and Hazardous Materials.......................................................................................... 4- 63

4. 10. Hydrology and Water Quality................................................................................................. 4- 77

4. 11. Land Use and Planning............................................................................................................. 4- 95

4. 12. Mineral Resources...................................................................................................................... 4- 99

4. 13. Noise.......................................................................................................................................... 4- 101

4.14. Population and Housing......................................................................................................... 4- 115

4. 15. Public Services.......................................................................................................................... 4- 117

4. 16. Recreation.................................................................................................................................. 4- 123

4. 17. Transportation.......................................................................................................................... 4- 125

4. 18. Utilities and Service Systems.................................................................................................. 4- 155

4. 19. Wildfire......................................................................................................................................4- 165

4. 20. Mandatory Findings of Significance...................................................................................... 4- 171

4. 21. References.................................................................................................................................. 4- 173

4.22. Report Preparation Personnel................................................................................................. 4- 174

5. 0 Consultant Recommendation................................................................................................................. 5- 1

6. 0 Lead Agency Determination................................................................................................................... 6- 1 Draft I July 2023 Table of Contents - i
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Halcyon 220- Unit Multi - Family Development at 7536 Sterling Avenue Initial Study/ Mitigated Negative Declaration

7. 0 Mitigation Monitoring and Reporting Program................................................................................. 7- 1 Technical Appendices
A Air Quality and Greenhouse Gas Analysis
B Biological Resources Report
C Cultural Resources Research
D Geotechnical Study
E Phase I Environmental Site Assessment
F1 Preliminary Drainage Study
F2 Preliminary Water Quality Management Plan
G Noise Study
Hl Vehicle Miles Travelled Screening Evaluation
H2 Transportation Study
Draft I July 2023 Table of Contents — ii
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Halcyon 220- Unit Multi -Family Development at 7536 Sterling Avenue Initial Study/ Mitigated Negative Declaration
List of Exhibits
Exhibit2- 1 Regional Location................................................................................................................... 2- 8 Exhibit2- 2 Local Vicinity.......................................................................................................................... 2- 9 Exhibit2- 3 Site Plan — Ground Floor..................................................................................................... 2- 10 Exhibit 2- 4 Site Plan/ Building Plan — Floors Two To Four................................................................. 2- 11 Exhibit2- 5 Landscape Plan..................................................................................................................... 2- 12 Exhibit 4. 9- 1 Phase I ESA Site Detail Map............................................................................................... 4- 73 Exhibit 4. 10- 1 Preliminary WQMP Map.................................................................................................... 4- 90 Exhibit 4. 10- 2 Existing Hydrology Map..................................................................................................... 4- 91 Exhibit 4. 10- 3 Proposed Hydrology Map.................................................................................................. 4- 92 Exhibit4. 10- 4 Flood Hazards....................................................................................................................... 4- 93 Exhibit 4. 13- 1 Short -Term Noise Measurement Locations.................................................................... 4- 114 Exhibit 4. 17- 1 Study Intersection Location.............................................................................................. 4- 146 Exhibit 4. 17- 2 Existing Study Intersection Geometry............................................................................. 4- 147 Exhibit 4. 17- 3 Existing ( 2023) Conditions Traffic Volumes................................................................... 4- 148 Exhibit 4. 17-4 Project Forecast Percent Trip Distribution (Outbound) ................................................ 4- 149 Exhibit 4. 17- 5 Project Forecast Percent Trip Distribution ( Inbound) ................................................... 4- 150 Exhibit 4. 17- 6 Project Trafic Volumes....................................................................................................... 4- 151 Exhibit 4. 17- 7 Cumulative Projects Traffic Volumes.............................................................................. 4- 152 Exhibit 4.17- 8 Opening Year (2026) With Project Conditions Traffic Volumes .................................. 4- 153 Exhibit 4.17-9 Long -Range ( 2040) With Project Conditions Traffic Volumes ..................................... 4- 154 Exhibit 4. 18- 1 Conceptual Utility Plan..................................................................................................... 4- 164 Exhibit 4. 19- 1 Fire Hazard Severity.......................................................................................................... 4- 169 List of Tables
Table2- 1 Proposed Uses............................................................................................................................... 2- 3 Table 4.3- 1 Attainment Status for South Coast Air Basin......................................................................... 4- 13 Table 4. 3- 2 SCAQMD Regional Significance Thresholds......................................................................... 4- 15 Table 4. 3- 3 SCAQMD Localized Significance Thresholds........................................................................ 4- 15 Table 4. 3- 4 Regional Significance - Construction Emissions.................................................................... 4- 16 Table 4. 3- 5 Localized Significance - Construction Emissions 4- 17 Table 4. 3- 6 Regional Operational Emissions.............................................................................................. 4- 19 Table 4. 8- 1 Project Construction Greenhouse Gas Emissions 4- 55 Draft I July 2023 Table of Contents — iii
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Halcyon 220- Unit Multi - Family Development at 7536 Sterling Avenue Initial Study/ Mitigated Negative Declaration
Table 4.8- 2 Project Operations Greenhouse Gas Emissions..................................................................... 4- 56 Table 4. 8- 3 Consistency with CARB 2022 Scoping Plan........................................................................... 4- 57 Table 4.8- 4 Consistency with SCAG 2020- 2045 RTP/ SCS......................................................................... 4- 58 Table 4. 10- 1 Pre- and Post -Project Conditions............................................................................................. 4- 80 Table 4. 10- 3 Drainage Area Summary Conditions...................................................................................... 4- 81 Table 4. 11- 1 Development Standards............................................................................................................ 4- 98 Table 4. 13- 1 City of Highland Interior Noise Standards........................................................................... 4- 102 Table 4. 13- 2 City of Highland Exterior Noise Standards.......................................................................... 4- 102 Table 4. 13- 3 Noise Measurement Results.................................................................................................... 4- 105 Table 4. 13- 4 Typical Maximum Construction Noise Levels..................................................................... 4- 106 Table 4. 13- 6 Project Typical Construction Vibration Levels..................................................................... 4- 112 Table 4.17- 1 Proposed Project Trip Generation.......................................................................................... 4- 131 Table 4.17- 2 Opening Year ( 2026) With Project Conditions..................................................................... 4- 134 Study Intersection Peak Hour LOS Analysis Summary
Table 4.17- 3 Long Range ( 2040) With Project Conditions......................................................................... 4- 135 Study Intersection Peak Hour LOS Analysis Summary
Table 4. 17- 4 Opening Year ( 2026) Without & With Project Conditions .................................................. 4- 137 Study Intersection Left -Turn Lane Peak Hour 951h Percentile Vehicular Queuing Analysis Summary
Table 4. 17- 5 Long Range ( 2040) Without & With Project Conditions..................................................... 4- 138 Study Intersection Left -Turn Lane Peak Hour 95th Percentile Vehicular Queuing Analysis Summary
Table 4. 18- 1 Estimated Project Water Demand.......................................................................................... 4- 157 Table 4. 18- 2 Estimated Project Sewer Flows............................................................................................... 4- 160 Draft I July 2023 Table of Contents — iv
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Halcyon 220- Unit Multi - Family Development at 7536 Sterling Avenue Initial Study/ Mitigated Negative Declaration

1. 0 INTRODUCTION
The Halcyon 220- Unit Multi -Family Development at 7536 Sterling Avenue Project ( herein referenced as the project" or " proposed project") involves the development of 220 multi -family residential units. Following a preliminary review of the proposed project, the City of Highland has determined that the proposed project is subject to the guidelines and regulations of the California Environmental Quality Act (CEQA). This Initial Study addresses the direct, indirect, and cumulative environmental effects of the project, as proposed.

1. 1. STATUTORY AUTHORITY AND REQUIREMENTS
This environmental document has been prepared in conformance with CEQA ( California Public Resources Code PRC] Section 21000 et seq.); CEQA Guidelines ( California Code of Regulations [ CCR], Title 14, Section 15000 et seq.); and the rules, regulations, and procedures for implementation of CEQA, as adopted by the City of Highland.

In accordance with the CEQA Guidelines Sections 15051 and 15367, the City of Highland ( City) is identified as the Lead Agency for the proposed project. Under CEQA (Public Resource Code Sections 21000-21177) and pursuant to CEQA Guidelines Section 15063, the City is required to undertake the preparation of an Initial Study to determine if the proposed project would have a significant environmental impact. If, as a result of the Initial Study, the Lead Agency finds that there is evidence that any aspect of the project may cause a significant environmental effect, the Lead Agency shall further find that an Environmental Impact Report ( EIR) is warranted to analyze project -related and cumulative environmental impacts. Alternatively, if the Lead Agency finds no evidence that the project, either as proposed or as modified to include the mitigation measures identified in the Initial Study, may cause a significant effect on the environment, the Lead Agency shall find that the proposed project would not have a significant effect on the environment and shall prepare a Negative Declaration. Such determination can be made only if "there is no substantial evidence in light of the whole record before the Lead Agency" that such impacts may occur (Public Resources Code Section 21080( c)).

The environmental documentation, which is ultimately selected by the City in accordance with CEQA, is intended as an informational document undertaken to provide an environmental basis for subsequent discretionary actions relevant to the project. The resulting documentation is not, however, a policy document and its approval and/ or certification neither presupposes nor mandates any actions on the part of those agencies from whom permits and other discretionary approvals would be required.

The environmental documentation and supporting analysis are subject to a public review period. During this review, agency and public comments on the document relative to environmental issues should be addressed to the City. Following review of any comments received, the City will consider these comments as a part of the project' s environmental review and include them with the Initial Study documentation for consideration by the City.

Draft I July 2023 Introduction - 1- 1
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Halcyon 220- Unit Multi -Family Development at 7536 Sterling Avenue Initial Study/ Mitigated Negative Declaration

1. 2. PURPOSE
The purposes of an Initial Study are to:

1. Identify environmental impacts;

2. Provide the lead agency with information to use as the basis for deciding whether to prepare an EIR or a negative declaration;

3. Enable an applicant or lead agency to modify a project, mitigating adverse impacts before an EIR is required to be prepared;

4. Facilitate environmental assessment early in the design of the project;

5. Document the factual basis of the finding in a negative declaration that a project would not have a significant environmental effect;

6. Eliminate needless EIRs;

7. Determine whether a previously prepared EIR could be used for the project; and

8. Assist in the preparation of an EIR, if required, by focusing the EIR on the effects determined to be significant, identifying the effects determined not to be significant, and explaining the reasons for determining that potentially significant effects would not be significant.

CEQA Guidelines Section 15063 identifies specific disclosure requirements for inclusion in an Initial Study.

Pursuant to those requirements, an Initial Study shall include:

A description of the project, including the location of the project Identification of the environmental setting
Identification of environmental effects by use of a checklist, matrix, or other method, provided that entries on a checklist or other form are briefly explained to indicate that there is some evidence to support the entries
Discussion of ways to mitigate significant effects identified, if any Examination of whether the project is compatible with existing zoning, plans, and other applicable land use controls
The name( s) of the person( s) who prepared or participated in the preparation of the Initial Study

1. 3. RESPONSIBLE AND TRUSTEE AGENCIES
Certain projects or actions undertaken by a Lead Agency require subsequent oversight, approvals, or permits from other public agencies in order to be implemented. Such other agencies are referred to as Responsible Agencies and Trustee Agencies. Pursuant to CEQA Guidelines Sections 15381 and 15386, as amended, Responsible Agencies and Trustee Agencies are respectively defined as follows:

Responsible Agency" means a public agency, which proposes to carry out or approve a project, for which [a] Lead Agency is preparing or has prepared an EIR or Negative Declaration. For the purposes of CEQA, the term Draft I July 2023 Introduction - 1- 2
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Halcyon 220- Unit Multi -Family Development at 7536 Sterling Avenue Initial Study/ Mitigated Negative Declaration
responsible agency" includes all public agencies other than the Lead Agency, which have discretionary approval power over the project. ( Section 15381)
Trustee Agency" means a state agency having jurisdiction by law over natural resources affected by a project, which are held in trustfor the people of the State of California. Trustee Agencies include, The California Department of Fish and Wildlife, The State Lands Commission; The State Department of Parks and Recreation and The University of California with regard to sites within the Natural Land and Water Reserves System.

Section 15386)
For this project, the City of Highland is the Lead Agency and has the principal responsibility of processing and approving the project.

Responsible Agencies and other entities that may use this Initial Study in their decision -making process or for informational purposes include, but may not be limited to, the following:

Santa Ana Regional Water Quality Control Board
South Coast Air Quality Management District

1. 4. CONSULTATION
As soon as the Lead Agency has determined that an Initial Study would be required for a project, the Lead Agency is directed to consult informally with all Responsible Agencies and Trustee Agencies that are responsible for resources affected by the project, in order to obtain the recommendations of those agencies as to whether an EIR or a Negative Declaration should be prepared for the project. Following receipt of any written comments from those agencies, the Lead Agency considers any recommendations of those agencies in the formulation of the preliminary findings. Following completion of this Initial Study, the Lead Agency initiates formal consultation with these and other governmental agencies as required under CEQA and its implementing guidelines.

The City also complied with Tribal Cultural Resources consultation requirements under the California Environmental Quality Act, AB 52 ( Gatto, 2014). Formal notification was sent to the list of three tribes that requested to be on the City' s notification list per Public Resources Code Section 21010. 3( b)( 1). The City received one request for consultation.

1. 5. INCORPORATION BY REFERENCE
Pertinent documents relating to this Initial Study have been cited in accordance with CEQA Guidelines Section 15150, which encourages incorporation by reference as a means of reducing redundancy and length of environmental reports. The following documents are hereby incorporated by reference into this EIR.

Information contained within these documents has been utilized for this Initial Study. These documents are available for review at the City of Highland Planning Department, located at the City of Highland, 27215 Base Line, Highland, California 92346.

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The City ofHighland General Plan (General Plan), March 2006, January 2012, August 2012, January 2022 The City of Highland General Plan is a long- range planning document that provides the City a framework for action and the direction in which to focus that action.

The Highland General Plan assesses and plans future uses for all property within the planning area, as well as establishes what the residents and businesses of Highland want to preserve and achieve. The Plan includes the following chapters:

1. Introduction

2. Land Use Element

3. Circulation Element

4. Public Services & Facilities Element

5. Conservation & Open Space Element

6. Public Health, Safety, and Environmental Justice Element

7. Noise Element

8. 61h Cycle Housing Element ( 2021- 2029)

9. Economic Development Element

10. Community Design Element

11. Airport Element
2012 General Plan Implementation Report
Based on the City' s Regional Housing Needs Assessment ( RHNA) target for the 2021- 2029 Housing Element, it is estimated that approximately 2, 508 new houses, condominiums, or apartments will be necessary in the next eight years to keep up with the City' s growing population and housing needs. In the 2021- 2029 Housing Element, the City identified potentially developable land zoned for residential use to meet the City' s new RHNA target and provided goals, objectives, policies, and programs to meet the housing needs of the City' s citizens.

The Public Health and Safety Element was renamed in 2022 to the Public Health, Safety, and Environmental Justice Element and policies were added to address equity and safety throughout the City.

General Plan I Highland, CA ( ciiyofhighland. org)
2012- General- Plan- Implementation- Report- PDF ( cityofhighland. gi 6th Cycle Housing_ Element Update I Highland, CA ( cityofhighland. orQ) Public Health Safety and Environmental Justice Element
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The City ofHighland General Plan Final Environmental Impact Report (EIR), Certified March 2006 The City of Highland General Plan EIR analyzed potential environmental impacts associated with buildout of the City in accordance with The City of Highland General Plan.

Providing a blueprint for the future development of Highland is one of the primary purposes of the General Plan. The Land Use Plan, which includes areas within Highland' s sphere of influence, identifies 6,395 acres of residential land uses, including Planned Development; 58 acres of mixed -use land uses; 754 acres of employment -generating land uses, not including commercial uses allowed in Planned Development areas; and 3, 570 acres of open space and park uses.

The General Plan EIR reviewed the following topics:

Aesthetics E Noise
Agriculture and Forestry Resources 0
Population/ Housing
Air Quality E Public Services
Cultural Resources a Recreation
Cumulative Effects 0 Schools/ Universities
Drainage/ Absorption M Septic System
Flood Plain/Flooding 0
Sewer Capacity
Geology/ Soils S Solid Waste
Growth Inducement 0
Transportation
Hazards & Hazardous Materials 0 Vegetation
Hydrology/ Water Quality M Wetland/ Riparian
Land Use/Planning 0 Wildfire
Mineral Resources 0 Wildlife
The Notice of Determination (NOD), dated March 14, 2006 concluded: 1) The project will have a significant impact on the environment, 2) An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA, 3) Mitigated measures were made a condition of the approval of the project, 4) A Statement of Overriding Considerations was adopted for this project, and 5) Findings were made pursuant to the provisions of CEQA.

The City ofHighland General Plan EIR concluded that not all the project -related impacts could be feasibly mitigated and would result in significant unavoidable impacts or less than significant impacts with mitigation incorporated associated with implementation of the City of Highland General Plan for the following topics: Agricultural Resources, Air Quality, Cultural Resources, Mineral Resources, Noise, and Utilities and Services Systems.

Highland Municipal Code ( A Codification of the General Ordinances of the City of Highland, California through Ordinance 459, passed January 10, 2023)
The Highland Municipal Code consists of regulatory, penal, and administrative ordinances of the City. It is the method the City uses to implement control of land uses, in accordance with General Plan goals and policies.

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The Health and Safety Code ( Title 8 of the Highland Municipal Code) specifies regulations relative to integrated waste management, mandatory organic waste disposal requirements, nuisances, heritage trees, mobile source emission reduction program, and noise control.

The Vehicles and Traffic Code ( Title 10 of the Highland Municipal Code) specifies regulations relative to truck routes, handicapped parking, and local transportation control measures for new development.

The Buildings and Construction Code ( Title 15 of the Highland Municipal Code) specifies rules and regulations for construction, alteration, and building for uses of human habitation.

The Land Use and Development Code ( Title 16 of the Highland Municipal Code) identifies land uses permitted and prohibited according to the zoning category of particular parcels and establishes the development standards and regulations for each zone.

Highland Municipal Code ( codepublishing. com)
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2. 0 PROJECT DESCRIPTION

2. 1. PROJECT LOCATION
Regionally, the project site is located in the City of Highland, California. The City of Highland is located in the southwestern portion of San Bernardino County, and is bordered by the City of San Bernardino to the north, south, and west, the Cities of Redlands and Loma Linda to the south, and the San Bernardino National Forest to the north. Refer to Exhibit 2- 1, Regional VicinitiLMap.

Regional access to the City is provided via the following west -east freeways - State Route 210 ( SR- 210) and Interstate 10 ( I-10), and via the following north -south freeways - I-215 and SR- 330. Local access to the City is provided by various arterial streets within the City, including Baseline Street, 5th Street, East Highland Avenue, and North Del Rosa Street, among others.

Locally, the project site is generally located approximately 0.05 mile north of the 9th Avenue/Sterling Avenue intersection and approximately 0. 30 mile south of the Base Line Road/ Sterling Avenue intersection; refer to Exhibit 2- 2, Local Vicinity Map.

2. 2. ENVIRONMENTAL SETTING

2. 2. 1 EXISTING LAND USES
The project site is located on the west side of Sterling Avenue, north of 9th Avenue, and south of the terminus of Elm Street. The project site encompasses three parcels ( Assessor Parcel Nos. 027813145, 027813146, 027813147) of vacant and undeveloped land totaling 6. 77 acres:

APN 027813145 — 4. 25 acres
APN 027813146 — 0. 71 acres
APN 027813147 — 1. 81 acres

2. 2. 2 SURROUNDING LAND USES
The project site is surrounded by the following uses:

North: Immediately north of the project site is the Isdaofie Church, Sterling Christian School, and singlefamily residences. Single- family and multi -family residences are located north of the aforementioned uses.

West: West of the project site is a residential area with a mix of single-family and multi -family residences.

South: Immediately south of the project site are single-family residences and a commercial center. These uses are located to the north of 9th Avenue, which is classified as a Primary Arterial. An auto repair business, a church, tire shop, and single- family residences are located to the south of 91h Avenue, west of Sterling Avenue, which is classified as a Major Highway.

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East: East of the project site is the Warm Springs Elementary School and single- family residences on Sterling Avenue, which is classified as a Major Highway.

2. 3. EXISTING GENERAL PLAN AND ZONING

PROJECT SITE
General Plan: The project site has a General Plan land use designation of Planned Community ( PC) with Residential High Density Special Overlay, which permits up to 30 units per gross acre.

Zoning: The project site has a Zoning designation of R-4 Multi -Family Residential (MF), which permits up to 30 units per gross acre. The primary purpose of the R-4 District is to provide for the development, by right, of multi -family attached residential dwelling units with enhanced amenities ( common open space and recreation areas. Both the 2014-2021 Housing Element and the 2021- 2029 Housing Element include the proposed project' s three parcels and identify them as lower income sites. In addition, the project site is located within Airport Compatibility Zone E - Airport Influence Zone - Negligible Risk.

SURROUNDING USES
General Plan: The General Plan Land Use Plan designates the following uses:

West of the site as Low Density Residential ( 2. 1 to 6. 0 dwelling units per acre) North of the site as Planned Community ( PC) with Residential High Density Special Overlay, Medium Density Residential ( 6. 1 to 12. 0 dwelling units per acre), and General Commercial South of the site as Planned Commercial, Neighborhood Commercial, Low Density Residential, Medium Density Residential, and Public Institutional
East of the site as Public Institutional, Neighborhood Commercial, General Commercial, Low Density Residential, and Medium Density Residential
Zoning: The Highland Zoning Map designates the following zoning districts:

West of the site as R- 1 ( Single -Family Residential)
North of the site as R-1 ( Single -Family Residential), R- 2 ( Multi -Family Residential), and GC (General Commercial)
South of the site as R- 1 ( Single -Family Residential), R- 2 ( Multi -Family Residential), PC ( Planned Commercial), and NC (Neighborhood Commercial)
East of the site as P/ Q (Public/ Quasi Public), NC ( Neighborhood Commercial), GC (General Commercial), R- 1 ( Single -Family Residential), and R- 2 ( Multi -Family Residential) All of the areas identified above are also located within Airport Compatibility Zone E - Airport Influence Zone Negligible Risk.

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2. 4. PROJECT CHARACTERISTICS

2. 4. 1 DESCRIPTION OF PROJECT
The Applicant proposes to construct 220 multi -family residential units on the 6. 77 gross acre project site. Refer to Exhibit 2- 3, Site Plan and Table 2- 1, Proposed Uses. Five percent of the base units ( 11 units) are designated for the very low income affordability category.

TABLE 2- 1 PROPOSED USES
Proposed Use Dwelling Units Acres
Multi - Family Residential 220 6. 77
Proposed Total 220 6. 77
As shown in Exhibit 2- 3, Site Plan — Ground Floor and Exhibit 2- 4, Site Plan — Floors Two to Four, two four- story buildings will be constructed providing 220 residential units, totaling 274, 951 square feet inclusive of nonresidential building space. Building A will include 90 units ( 117, 576 square feet) and Building B will include 130 units ( 152, 726 square feet). The clubhouse building will be 4, 649 square feet.

Table 2- 2, Building Unit Mix provides a summary of the unit type, unit size, and quantity for Buildings A and B.

The residential units range in size from approximately 445 to 1, 109 square feet in size:

Studio — 445 square feet
One Bedroom — 705 square feet
Two Bedroom- 975 square feet
Three Bedroom — 1, 109 square feet
TABLE 2- 2 BUILDING UNIT MIX
Unit Type
Total Building
Studio 1 Bedroom 2 Bedroom 3 Bedroom
Building A 6 28 49 7 90
Building B 8 42 54 26 130
Total 14 70 103 33 220
Unit Mix 6% 32% 47% 15% 100%
Unit Size
Square Feet)
544 704 975 1, 110
Source: Damelian Associates ( December 2022)
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Halcyon 220- Unit Multi -Family Development at 7536 Sterling Avenue Initial Study/ Mitigated Negative Declaration
Each unit will have a private balcony. Studio units will have a 55 square foot balcony. One bedroom units will have a 71. 5 square foot balcony. Two bedroom units will have a 71. 5 square foot balcony. Three bedroom units will have a 82 square foot balcony.

The project will also include a leasing office ( 1, 354 sf), lobby restrooms ( 292 sf), mailboxes, package room, and on -site amenities including a clubhouse ( 1, 043 sf), pool, spa, showers, outdoor fireplace, and tot lot. In addition, the project includes co -working space ( 530 sf), fitness/ gym (660 sf), and specialty fitness (590 sf).

DENSITY BONUS AND PROJECT PHASING
The Applicant is seeking an Affordable Housing/ Inclusionary Housing Agreement with the City. The Agreement will be consistent with California Density Bonus Law. The project' s base density is 204 units and 11 units are very low income units, representing a total of five percent (5%) Table 2- 3 below summarizes the quantity and types of units by project phase.

TABLE 2- 3 UNIT TYPES BY PHASE
UNIT
PHASE 1 PHASE 2 TOTAL
TYPES Market
Rate
Affordable
SubTotal
of Unit
Total
Market
Rate
Affordable
SubTotal
of Unit
Total
Market
Rate
Affordable
SubTotal
of Unit
Total
Studio 5 1 6 7% 8 8 6% 13 1 14 6%
1 Bedroom 27 1 28 31% 39 3 42 32% 66 4 70 32%
2 Bedroom 47 4 49 54% 51 3 54 42% 98 5 103 47%
3 Bedroom 7 7 8% 25 1 26 20% 32 1
1 33 15%
TOTAL 86 4 90 100% 123 7 100% 209 11 210 100%

SITE ACCESS
Access to the project site will be from two gated driveway entries on Sterling Avenue. The southern driveway will be the main site driveway with full movement in and out of the site (left-in/left-out and right-in/right-out).

The northern driveway will be a secondary driveway with movement only out of the site (left -out and right -out).

An emergency access gate will be provided on the northern boundary of the site at the southern terminus of Elm Street.

PARKING
A total of 419 parking spaces will be provided for the multi -family residential development. This includes 43 designated spaces for Building A, 50 designated spaces for Building B, and 326 open spaces throughout the site.

Six of the 419 parking spaces will be handicap spaces. Compact car spaces and electric vehicle ( EV) charging areas will be provided throughout the site.

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LANDSCAPING
Exhibit 2- 5, Landscape Plan illustrates the various types of drought -tolerant trees, shrubs, succulents, grasses, and accents that will be installed throughout the site for the following areas, uses, and amenities:

Entry Island, Keypad, and Monument Sign
Gated Entries
Pedestrian Security Gate
Trash Enclosures
Children Play Areas
Community Spaces and Outdoor Cooking Area
Dog Park
Short -Term Bike Racks
The children' s play areas includes a tot lot (0 to 5 age) and play equipment with rubber mat surface (age 5 to 12).

The tot lot will include a shade structure and seating.

Community space areas include a dining table and chair with a shade structure, fire pit and lounge seating, barbeque, and a pool/ spa with chaises, tables, and lounge seating.

The dog park will be fenced with artificial turf, shade structure, and seating.

All parking lot areas visible from adjoining properties and public rights -of- way ( off -site) shall be effectively screened with landscaping. Screening shall include trees, dense evergreen shrubs, security walls, earth berms, or any combination thereof. In addition, all ground mounted electrical/ mechanical/ water equipment shall be effectively screened with landscaping.

WALLS AND FENCES
A variety of walls, fences, and gates will be provided throughout the site, as noted below.

Main Entry: A southern gated entrance ( enter and exit) to/ from Sterling Avenue.

Secondary Entry: A northern gated entrance (enter and exit) to/from Sterling Avenue.

Emergency/Utility Entry: An emergency/utility gated entrance to/from Elm Street.

Perimeter Wall: A 6- foot masonry wall along all project boundaries.

Pedestrian Security Gate: A gated pedestrian entrance into Building A and amenities.

OPEN SPACE
The project includes public open space areas totaling nine percent of the project site per the density bonus incentive for private and public open space, which will be located throughout the site ( refer to Exhibit 2- 5). In addition, the project includes private open space areas of 150 square feet for ground floor units, and 60 square feet for upper floor units.

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SITE GRADING
The site requires grading to support the development and the import of earthwork. The earthwork quantities for the project include 4,300 cubic yard ( cy) of cut and 9, 600 cy of fill. In total, the project requires import of 5, 300 cy of earthwork. The site grading and development construction is expected to start in February 2024 and will take place over 24 months.

INFRASTRUCTURE
Off -site utility easements include Southern California Edison (SCE) poles and overhead power lines in the public right-of-way (sidewalk) immediately east of the site and adjacent to Sterling Avenue. On -site utility easements encompass several SCE poles in the southeastern portion of the site.

The project will install the on -site water, wastewater, storm drain, street, electricity, and natural gas infrastructure to serve the proposed on -site residential uses. Proposed improvements include private streets and on -site water and sewer systems.

TRASH PICKUP
Specific locations have been designated for multi -bin trash enclosures for trash, recycling, and wet food compost.

Building A will have one trash enclosure area and Building B will have two trash enclosure areas.

Green waste would disposed of by the management company' s landscape contractor.

PROJECT PHASING AND CONSTRUCTION
The project will be constructed in two phases. Phase 1 will include demolition, mass grading, construction of perimeter walls, installation of Water Quality Management Plan Best Management Practices ( BMPs) for the entire site, and the construction of the Building A and central amenities. Phase 2 will include the construction of Building B and associated landscaping and hardscape.

The site grading and development construction is expected to start in February 2024 and will take place over 24 months. The project is expected to be operational in 2026.

PERMITS AND APPPROVALS
The City of Highland ( lead agency under CEQA) will use this IS/ MND in making decisions with regard to the approval of the 220- Unit Multi -Family Residential Development and the subsequent construction and development of the project.

Various permits, approvals, and actions by the City of Highland, San Bernardino County, and other agencies may be required in order to execute and implement the proposed project. The implementation of the proposed improvements would require the issuance of permits from various public agencies.

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The permits and approvals from lead, responsible, and/ or trustee agencies that are necessary include:

City of Highland Design Review approval
City of Highland Lot Line Adjustment approval
City of Highland Minor Variance approval for increased height of perimeter walls City of Highland issuance of Grading, Building, Landscape & Irrigation, Electric, Mechanical, and Plumbing Permits
City of Highland Fire Department approval of proposed site improvement East Valley Water District — Water and Sewer Connection Permits Draft I July 2023 Project Description — 2- 7
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Halcyon 220- Unit Multi -Family Development at 7536 Sterling Avenue Initial Study/ Mitigated Negative Declaration

3. 0 INITIAL STUDY CHECKLIST

3. 1. BACKGROUND

1. Project Title: Halcyon 220- Unit Multi -Family Development at 7536 Sterling Avenue

2. Lead Agency Name and Address:

City of Highland
27215 Base Line
Highland, CA 92346

3. Contact Person and Phone Number:

Ash Syed, Associate Planner
909- 864- 6861 ext. 210

4. Project Location: The project site is located at 7536 Sterling Avenue.

5. Project Sponsor' s Name and Address:

Helios Holdings, LLC
18952 MacArthur Blvd Suite 210
Irvine, CA 92612

6. General Plan Designation: Planned Community ( PC) with Residential High Density Special Overlay

7. Zoning: R- 4 Multi -Family Residential ( MF)

8. Description of the Project: The Applicant proposes to construct 220 multi -family residential units ( townhomes) on the 6. 77 acre project site. Additional details regarding the proposed project are provided in Section 2.4, Project Characteristics.

9. Surrounding Land Uses and Setting: Single-family residential is located to the west. Single-family residential, multi -family residential, and general commercial uses are located to north. Single-family residential, multi -family residential, planned commercial, and neighborhood commercial are located to the south. Public/ quasi- public, neighborhood commercial, general commercial, single- family residential, and multi -family residential uses are located to the east. For additional details refer to Section 2. 2. 2, Surrounding Land Uses.

10. Other public agencies whose approval is required ( e. g., permits, financing approval or participation agreement).

Refer to Section 2. 5, Permits and Approvals.

11. Have California Native American tribes traditionally and culturally affiliated with the project area requested consultation pursuant to Public Resources Code Section 21080. 3. 1? If so, is there a plan for consultation that includes, for example, the determination of significance of impacts to tribal cultural resources, procedures regarding confidentiality?
The City has complied with Tribal Cultural Resources consultation requirements under the California Environmental Quality Act, AB 52 ( Gatto, 2014). Formal notification was sent to the list of three tribes that requested to be on the City' s notification list per Public Resources Code Section 21010. 3( b)( 1). The City received one request for consultation.

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3. 2. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED
The environmental factors checked below would be potentially affected by this project, involving at least one impact that is " Less Than Significant Impact with Mitigation Incorporated," as indicated by the Initial Study Checklist questions in Section 4. 1 through Section 4. 20.

Aesthetics Land Use and Planning
Agriculture and Forestry Resources Mineral Resources
Air Quality Noise
Biological Resources Population and Housing
Cultural and Tribal Cultural Resources Public Services
Energy Recreation
Geology and Soils Transportation
Greenhouse Gas Emissions Utilities and Service Systems
Hazards and Hazardous Materials Wildfire
Hydrology and Water Quality an Findings of Significance

3. 3. EVALUATION OF ENVIRONMENTAL IMPACTS
This section analyzes the potential environmental impacts associated with the proposed project. The issue areas evaluated in this Initial Study include:

Aesthetics
Agriculture and Forestry Resources
Air Quality
Biological Resources
Cultural and Tribal Cultural Resources
Energy
Geology and Soils
Greenhouse Gas Emissions
Hazards and Hazardous Materials
Hydrology and Water Quality
Land Use and Planning
Mineral Resources
Noise
Population and Housing
Public Services
Recreation
Transportation
Wildfire
Utilities and Service Systems
The environmental analysis in this section is patterned after the Initial Study Checklist recommended by the CEQA Guidelines and used by the City of Highland ( City) in its environmental review process. For the preliminary environmental assessment undertaken as part of this Initial Study' s preparation, a determination that there is a potential for significant effects indicates the need to more fully analyze the development' s impacts and to identify mitigation.

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For the evaluation of potential impacts, the questions in the Initial Study Checklist are stated and an answer is provided according to the analysis undertaken as part of the Initial Study. The analysis considers the longterm, direct, indirect, and cumulative impacts of the development. To each question, there are four possible responses:

No Impact. The development will not have any measurable environmental impact on the environment.

Less Than Significant Impact. The development will have the potential for impacting the environment, although this impact will be below established thresholds that are considered to be significant.

Less Than Significant Impact With Mitigation Incorporated. The development will have the potential to generate impacts which may be considered as a significant effect on the environment, although mitigation measures or changes to the development' s physical or operational characteristics can reduce these impacts to levels that are less than significant.

Potentially Significant Impact. The development will have impacts, which are considered significant, and additional analysis is required to identify mitigation measures that could reduce these impacts to less than significant levels.

Where potential impacts are anticipated to be significant, mitigation measures would be required, so that impacts may be avoided or reduced to a less than significant level.

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4.0 ENVIRONMENTAL ANALYSIS
The following sections include a discussion of potential project impacts as identified in the Initial Study Checklist. Explanations are provided for each item. At the beginning of each section is a " Sources Cited," which identifies the sources utilized in that particular section.

4. 1. AESTHETICS
Less Than
Significant
Potentially Impact With Less Than
Significant Mitigation Significant No
Would the project except as provided in Public Resources Code Section (§) 21099: Impact Incorporated Impact Impact a. Have a substantial adverse effect on a scenic vista? b. Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c. In nonurbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? ( Public views are those that are experienced from publicly accessible vantage point). In an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality?
d. Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area?
Note: Certain projects within transit priority area need not evaluate aesthetics (Public Resources Code § 21099).

Sources Cited in Section 4. 1
City of Highland, The City of Highland General Plan, March 2006 California Department of Transportation, Scenic Highways; accessed June 14, 2023 S Y Lee Associates, Inc., Site Lighting Plan, June 2023 S Y Lee Associates, Inc., Site Photometric Plan, June 2023 A. WOULD THE PROJECT HAVE A SUBSTANTIAL ADVERSE EFFECT ON A SCENIC VISTA?

LESS THAN SIGNIFICANT IMPACT
Highland enjoys a beautiful and dramatic setting at the base of the San Bernardino Mountains. The views and vistas that this area affords are among Highland' s most treasured assets and contribute greatly to its rural, natural character.

Per Caltrans State Scenic Highway Map, the project site is not located adjacent to or near an officially designated state scenic highway; nor an eligible state scenic highway. I The western portion of the City is relatively flat. Existing buildings and adjacent roadways are the dominant visual elements in this portion of the City. Views from this location in the City include views to the north and east of the San Bernardino Mountains.

The project site is located in the western portion of the City and is surrounded by urban development on all sides. Existing views from the project site of adjacent urbanized uses include an elementary school to 1 California Department of Transportation, Scenic Highways, Scenic Highways I Caltrans; accessed June 14, 2023.

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the east, commercial uses and single- family residences to the south; church, school, and single- and multi -family residences to the north; and single- family and commercial uses to the east.

Given the project site' s location on Sterling Avenue and the surrounding development, the site does have long distance views of the San Bernardino Mountains.

The proposed project involves the development of 220 multi -family residential units in an urbanized area of the City. The proposed project includes two four-story buildings with a height of 52 feet-8- inchesc(top of roof), which is taller than existing surrounding uses. While there is the limited potential to impede existing scenic views from adjacent uses north of the project site, the views of the San Bernardino Mountains would not be impeded on Sterling Avenue or 9th Street. Thus, less than significant would occur.

MITIGATION MEASURES
No mitigation measures are required.

B. WOULD THE PROJECT SUBSTANTIALLY DAMAGE SCENIC RESOURCES, INCLUDING, BUT

NOT LIMITED TO, TREES, ROCK OUTCROPPINGS, AND HISTORIC BUILDINGS WITHIN A STATE SCENIC HIGHWAY?

NO IMPACT
There are currently no officially designated State Scenic Highways that traverse the City of Highland; however, SR- 210 is an eligible state scenic highway ( Caltrans 2019). In addition, the project site contains no trees, rock outcroppings, or historic building within a state scenic highway.

The Highland General Plan Circulation Element discusses scenic roadways and the importance of scenic resources within the City as viewed from city roadways. The Circulation Element identified the need for improvements along Boulder Avenue, Base Line and Palm Avenue for these proposed scenic routes, as well as considering local roadways as potential scenic routes that can be viewed from Greenspot Road and Base Line (from Boulder Avenue to Weaver Street).

Given there are no state scenic resources on -site, the development of 220 multi -family residential units would not damage any scenic resources within a state scenic highway. Thus, no impacts would occur.

MITIGATION MEASURES
No mitigation measures are required.

C. IN NONURBANIZED AREAS, WOULD THE PROJECT SUBSTANTIALLY DEGRADE THE

EXISTING VISUAL CHARACTER OR QUALITY OF PUBLIC VIEWS OF THE SITE AND ITS SURROUNDINGS? ( PUBLIC VIEWS ARE THOSE THAT ARE EXPERIENCED FROM PUBLICLY ACCESSIBLE VANTAGE POINT). IN AN URBANIZED AREA, WOULD THE PROJECT

CONFLICT WITH APPLICABLE ZONING AND OTHER REGULATIONS GOVERNING SCENIC QUALITY?

LESS THAN SIGNIFICANT IMPACT
The project site is located in the western portion of the City and is surrounded by urban development on all sides. Existing views from the project site of adjacent urbanized uses include an elementary school to the east, commercial uses and single- family residences to the south; church, school, and single- and multi -family residences to the north; and single- family and commercial uses to the east.

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The proposed project involves the development of 220 multi -family residential units in an urbanized area of the City. As such, it is not anticipated that the proposed project would degrade the existing visual character or quality of public views of the project site and its surroundings. Thus, less than significant impacts would occur.

MITIGATION MEASURES
No mitigation measures are required.

D. WOULD THE PROJECT CREATE ANEW SOURCE OF SUBSTANTIAL LIGHT OR GLARE WHICH WOULD ADVERSELY AFFECT DAY OR NIGHTTIME VIEWS IN THE AREA?

LESS THAN SIGNIFICANT IMPACT
The project site is located in an urbanized area with existing sources of lighting. The project site is vacant and undeveloped with no on -site lighting sources. Additional lighting in the area includes vehicle headlights, traffic signals, illuminated signage, and lighting associated with residential, school, church, and commercial uses. Street lighting is currently provided on Sterling Avenue with street lights on the west and east sides of the road.

The proposed project would construct 220 multi -family residential units. Lighting sources for the proposed project would include exterior, interior, security lighting, and parking lot lighting. Project lighting would include light sources typically used in multi -family residential developments including outdoor lighting for security and wayfinding. The recreational, open space, and landscaped areas of the site would have lighting to allow for nighttime use of the amenity areas, lighting for security, and landscape accent lighting. All on -site lighting would be shielded and directed downward to minimize lighting impacts to adjacent residences.

Reflected light (glare) can be caused by sunlight or artificial light reflecting from finished surfaces such as window glass or other reflective materials. Materials known to cause glare, such as mirrored/ reflective glass would not be used by the proposed project. Thus, the proposed project is not anticipated to generate noticeable glare.

The area surrounding the project site is currently urbanized and contains various forms of on- and off - site lighting typical of residential, school, and commercial development. The proposed 220 multi -family residential units would increase the amount of light and glare as shown on the Site Lighting Plan and the Site Photometrics Plan, which have been designed in compliance with Municipal Code Section 16. 40. 160, Lighting, and Section 16. 40.350, Street Lighting and Tree Planting. As such, the proposed project' s light and glare would be consistent with adjacent development in the City. Thus, less than significant impacts would occur.

MITIGATION MEASURES
No mitigation measures are required.

CUMULATIVE IMPACTS
When evaluating cumulative aesthetic impacts, a number of factors must be considered. The cumulative study area for aesthetic impacts is the viewshed that includes the project site and surrounding areas. The context in which a project is being viewed will also influence the significance of the aesthetic impact. The contrast a project has with its surrounding environment may actually be reduced by the presence of other cumulative projects. For example, if most of an area becomes urbanized, the contrast of a project Draft I July 2023 Environmental Analysis — 4- 3
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with the natural surroundings may be less since it would not stand out in contrast as much. In order for a cumulative aesthetic impact to occur, the proposed elements of the cumulative projects would need to be seen together or in proximity to each other. If the projects are not near each other, the viewer would not perceive them in the same scene.

The project site is located adjacent to Sterling Avenue. There is existing development to the north, south, east, and west. However, there is no undeveloped property adjacent to or in the immediate vicinity or viewshed of the project site. Other potential future projects in the viewshed are anticipated to be primarily renovations or rehabilitations because the project site is bound on all sides by existing development. Although the proposed project - combined with past, present, and reasonably foreseeable future projects - has changed the visual character of the area, the proposed project is consistent with surrounding uses and maintains scenic views of the San Bernardino Mountains from Sterling Avenue.

Thus, less than significant cumulative visual impacts would occur.

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4. 2. AGRICULTURE AND FORESTRY RESOURCES
In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model ( 1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state' s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board.

Less Than
Significant
Potentially Impact With Less Than
Significant Mitigation Significant No
Would the project: Impact Incorporated Impact Impact
a. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance ( Farmland), as shown on the maps prepared pursuant to the V/ Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use?
b. Conflict with existing zoning for agricultural use, or a Williamson Act contract? c. Conflict with existing zoning for, or cause rezoning of, forest land ( as defined in Public Resources Code section 12220( g)), timberland ( as defined by Public Resources Code section 4526), or timberland zoned Timberland Production ( as defined by Government Code section 51104( g))?
d. Result in the loss of forest land or conversion of forest land to non -forest use? e. Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland, to non- agricultural use or conversion of forest land to non -forest use?
Sources Cited in Section 4. 2
City of Highland, Highland Zoning Map, September 8, 2022 City of Highland, The City ofHighland General Plan, March 2006, January 2012, August 2012, January 2022 State of California, California Natural Resources Agency, Department of Conservation, California Important Farmland Finder, DLRP Important Farmland Finder ( ca. gov) accessed June 5, 2023 A. WOULD THE PROJECT CONVERT PRIME FARMLAND, UNIQUE FARMLAND, OR

FARMLAND OF STATEWIDE IMPORTANCE ( FARMLAND), AS SHOWN ON THE MAPS

PREPARED PURSUANT TO THE FARMLAND MAPPING AND MONITORING PROGRAM OF THE CALIFORNIA RESOURCES AGENCY, TO NON- AGRICULTURAL USE?

NO IMPACT
The project site does not contain any land that is designated as Prime Farmland, Unique Farmland, or Farmland of Statewide Importance on the California Important Farmland Finder ( CIFF) and San Bernardino County Important Farmland Maps published by the State of California, Department of Conservation, Division of Land Resource Protection, Farmland Mapping and Monitoring Program.

The CIFF designates the project site as Urban and Built -Up Land. This farmland category defines Urban and Built -Up Land as land developed at a density of at least 1 dwelling unit (du) per 1. 5 acres, or approximately 6 structures to a 10- acre parcel. Land uses include but are not limited to residential, industrial, office/commercial, institutional, and public administration. As such, the proposed project Draft I July 2023 Environmental Analysis- 4- 5
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would not result in the conversion of important farmland to non- agricultural uses. Thus, no impacts would occur.

MITIGATION MEASURES
No mitigation measures are required.

B. WOULD THE PROJECT CONFLICT WITH EXISTING ZONING FOR AGRICULTURAL USE, OR A WILLIAMSON ACT CONTRACT?

NO IMPACT
The project site and surrounding area are developed and urbanized. No agricultural land exists within the site vicinity, and the project site does not include any land under a Williamson contract. The project site is currently zoned R- 4 Multi -Family ( MF) Residential and the proposed project is consistent with the zoning. As such, the proposed project would not affect any land zoned for agricultural uses and would not conflict with a Williamson Act Contract. Thus, no impacts would occur.

MITIGATION MEASURES
No mitigation measures are required.

C. WOULD THE PROJECT CONFLICT WITH EXISTING ZONING FOR, OR CAUSE REZONING OF, FOREST LAND ( AS DEFINED IN PUBLIC RESOURCES CODE SECTION 12220( G)), TIMBERLAND ( AS DEFINED BY PUBLIC RESOURCES CODE SECTION 4526), OR

TIMBERLAND ZONED TIMBERLAND PRODUCTION ( AS DEFINED BY GOVERNMENT CODE SECTION 51104( G))?

NO IMPACT
Forestry operations do not occur on or within the vicinity of the project site. Also, the project site does not support any trees that can support 10 percent native tree cover of any species, including hardwoods, under natural conditions, and that allows for management of one or more forest resources, including timber, aesthetics, fish and wildlife, biodiversity, water quality, recreation, and other public benefits.

Asu such, the proposed project would not result in the rezoning of forest land, timberland, or timberland zoned Timberland Production. Thus, no impacts would occur.

MITIGATION MEASURES
No mitigation measures are required.

D. WOULD THE PROJECT RESULT IN THE LOSS OF FOREST LAND OR CONVERSION OF FOREST LAND TO NON -FOREST USE?

NO IMPACT
Refer to Response 4. 2. C.

MITIGATION MEASURES
No mitigation measures are required.

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E. WOULD THE PROJECT INVOLVE OTHER CHANGES IN THE EXISTING ENVIRONMENT,

WHICH, DUE TO THEIR LOCATION OR NATURE, COULD RESULT IN CONVERSION OF

FARMLAND, TO NON- AGRICULTURAL USE OR CONVERSION OF FOREST LAND TO NON - FOREST USE?

NO IMPACT
The project site does not contain any forest land, nor is the site zoned for agriculture. The proposed project would not result in changes to the environment that would result in the conversion of farmland to a non- agricultural use or forest land to a non -forest use. As such, there would be no potential for the conversion of these resources. Thus, no impacts would occur.

MITIGATION MEASURES
No mitigation measures are required.

CUMULATIVE IMPACTS
The Highland General Plan does identify agricultural resources but no forestry resources within the City.

The proposed project would have no impact on agricultural and forestry resources. Therefore, no cumulative impacts would occur.

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4. 3. AIR QUALITY
Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations.

Less Than
Significant
Potentially Impact With Less Than
Significant Mitigation Significant No
Would the project: Impact Incorporated Impact Impact
a. Conflict with or obstruct implementation of the applicable air quality plan? b. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard?
c. Expose sensitive receptors to substantial pollutant concentrations? d. Result in other emissions ( such as those leading to odors) adversely affecting a substantial number of people?
Sources Cited in Section 4. 3
MAT Engineering, Inc., Halcyon Residential Project Air Quality & Greenhouse Gas ( GHG) Impact Analysis, City of Highland, June 28, 2023 ( refer to Technical Appendix A) South Coast Air Quality Management District, 2022 Air Quality Management Plan, December 2, 2022 South Coast Air Quality Management District, CEQA Air Quality Handbook, revised November 1993 Southern California Association of Governments, 2020- 2045 Regional Transportation Plan/ Sustainable Communities Strategy, May 7, 2020
State of California, California Code of Regulations, Title 13 State of California, Office of Environmental Health Hazard Assessment, Air Tox Hot Spots Program Risk Assessment Guidelines and Guidance Manual in the Preparation of Health Risk Assessment, February 2015
A. WOULD THE PROJECT CONFLICT WITH OR OBSTRUCT IMPLEMENTATION OF THE APPLICABLE AIR QUALITY PLAN?

LESS THAN SIGNIFICANT IMPACT

REGULATORY SETTING
The South Coast Air Quality Management District ( SCAQMD) is directly responsible for reducing emissions from stationary (area and point), mobile, and indirect sources to meet Federal and State ambient air quality standards. It has responded to this requirement by preparing a series of Air Quality Management Plans ( AQMP). The most recent of these was adopted by the Governing Board of the SCAQMD on December 2, 2022. This AQMP, referred to as the 2022 AQMP, was prepared to comply with the Federal and State Clean Air Acts and amendments, to accommodate growth, to reduce the high levels of pollutants in the South Coast Air Basin ( SCAB or Basin) , to meet Federal and State air quality standards, and to minimize the fiscal impact that pollution control measures have on the local economy.

The 2022 AQMP identifies the control measures that will be implemented over a 15- year horizon to reduce major sources of pollutants. Implementation of control measures established in the previous Draft I July 2023 Environmental Analysis — 4- 9
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AQMPs has substantially decreased the populations exposure to unhealthful levels of pollutants, even while substantial population growth has occurred within the Basin. The future air quality levels projected in the 2022 AQMP are based on several assumptions. For example, the SCAQMD assumes that general new development within the Basin will occur in accordance with population growth and transportation projections identified by the Southern California Association of Governments ( SCAG) in its most current version of the Regional Transportation Plan/ Sustainable Communities Strategy ( RTP/ SCS), which was adopted December 2, 2022. The 2022 AQMP also assumes that general development projects will include strategies ( mitigation measures) to reduce emissions generated during construction and operation in accordance with SCAQMD and local jurisdiction regulations, which are designed to address air quality impacts and pollution control measures.

For general development projects, the SCAQMD recommends that consistency with the current AQMP be determined by comparing the population generated by the project to the population projections used in the development of the AQMP. Projects that are consistent with SCAG' s applicable growth projections would not interfere with air quality attainment because this growth is included in the projections utilized in the formulation of the 2022 AQMP. As such, projects, uses, and activities that are consistent with the applicable assumptions used in the development of the AQMP would not jeopardize attainment of the air quality levels identified in the AQMP.

IMPACT ANALYSIS
The project is located within the South Coast Air Basin, which is governed by the SCAQMD. On December 2, 2022, the SCAQMD Governing Board adopted the 2022 AQMP. The 2022 AQMP incorporates the latest scientific and technical information and planning assumptions, including the latest applicable growth assumptions, updated emission inventory methodologies for various source categories. Additionally, the 2022 AQMP utilized information and data from SCAG and its 2020- 2045 RTP/ SCS. According to the SCAQMD' s CEQA Air Quality Handbook, projects are reviewed for consistency with two main criteria, as discussed below.

Criterion 1
With respect to the first criterion, SCAQMD methodologies require that an air quality analysis for a project include forecasts of project emissions in relation to contributing to air quality violations and delay of attainment.
a) Would the project result in an increase in the frequency or severity of existing air quality violations? Since the consistency criteria identified under the first criterion pertain to pollutant concentrations, rather than to total regional emissions, an analysis of a project' s pollutant emissions relative to localized pollutant concentrations associated with the National Ambient Air Quality Standards ( NAAQS) and California Ambient Air Quality Standards ( CAAQS) is used as the basis for evaluating project consistency.

As discussed in Responses 4. 33 and 4. 3. C, the proposed project' s short- term construction emissions, long-term operational emissions, and localized concentrations of Carbon Monoxide (CO), NOx, Particulate Matter 10 ( PMio), and Particulate Matter 2. 5 ( PM2.5) would be less than significant. Due to the role Volatile Organic Compounds ( VOC) plays in Ozone ( 03) formation, it is classified as a precursor pollutant and only a regional emissions threshold has been established. As such, the proposed project would not cause or contribute to localized air quality violations or delay the attainment of air quality standard or interim emissions reductions specified in the AQMP.

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b) Would the project cause or contribute to new air quality violations? As discussed in Responses 4.3.13 and 4.3. C, construction and operation of the proposed project would result in emissions that would be below the SCAQMD construction and operational thresholds.

Therefore, the proposed project would not cause or contribute to a violation of the ambient air quality standards.
c) Would the project delay timely attainment of air quality standards or the interim emissions reductions specified in the AQMP?
As discussed in Responses 4. 3. 13 and 4. 3. C, the proposed project would result in less than significant impacts with regard to localized concentrations during project construction and operations. As such, the proposed project would not delay the timely attainment of air quality standards or 2022 AQMP emissions reductions.

Criterion 2
With respect to the second criterion for determining consistency with SCAQMD and SCAG air quality policies, it is important to recognize that air quality planning within the Basin focuses on attainment of ambient air quality standards at the earliest feasible date. Projections for achieving air quality goals are based on assumptions regarding population, housing, and growth trends. Thus, the SCAQMD' s second criterion for determining project consistency focuses on whether or not the project exceeds the assumptions utilized in preparing the forecasts presented in the 2022 AQMP. Determining whether or not a project exceeds the assumptions reflected in the 2022 AQMP involves the evaluation of the following criterion.
a) Would the project be consistent with the population, housing, and employment growth projections utilized in the preparation of the AQMP?
A project is consistent with the 2022 AQMP in part if it is consistent with the population, housing, and employment assumptions that were used in the development of the 2022 AQMP. In the case of the 2022 AQMP, three sources of data form the basis for the projections of air pollutant emissions: The City of Highland General Plan ( Highland General Plan), SCAG' s regional growth forecast, and the SCAG 2020- 2045 RTP/ SCS. The 2020-2045 RTPISCS also provides socioeconomic forecast projections of regional population growth.

The project site is located within City of Highland and encompasses three parcels: the project site is designated as Residential High Density in the General Plan Land Use Map and zoned as Multifamily Residential ( R-4). The proposed project consists of 220 multi -family residential units. The proposed project land use would be consistent with the City of Highland Municipal Code Zoning and General Plan land use designations. As such, the development associated with the proposed project is consistent with the growth projections in the Highland General Plan, and therefore is considered to be consistent with the AQMP.

The proposed project would not substantially induce population growth due to the increase in on -site employees, as the proposed project is a multi -family residential development that would result in the population increase of 770-persons. Therefore, the proposed project would not cause the Highland General Plan buildout population or employment forecast to be exceeded. Therefore, the proposed project is consistent with the types, intensity, and patterns of land use envisioned for the site vicinity and would be considered consistent with the Highland General Platt. Further, the population and housing projections, which are adopted by SCAG' s Regional Council, are based on the local plans and policies applicable to Draft i July 2023 Environmental Analysis — 4- 11
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the City. As the SCAQMD has incorporated these same projections into the 2022 AQMP, the proposed project would be consistent with the 2022 AQMP.
b) Would the project implement all feasible air quality mitigation measures? The proposed project would result in less than significant air quality impacts; refer to Responses 4. 3. B and 4. 3. C. In addition, the proposed project would comply with all applicable SCAQMD rules and regulations, including Rule 403 and Rule 403. 1 that requires excessive fugitive dust emissions controlled by regular watering or other dust prevention measures, and Rule 1113 that regulates the Reactive Organic Gas ( ROG) content of paint. Thus, the proposed project meets this AQMP consistency criterion. c) Would the project be consistent with the land use planning strategies set forth in the AQMP? Land use planning strategies set forth in the 2022 AQMP are primarily based on the 2020-2045 RTPISCS.

The project site is located less than 0. 25- mile from a bus stop located at 9th Street and Sterling Avenue operated by Omnitrans. Thus, the proposed project would be consistent with the actions and strategies of the 2020- 2045 RTPISCS.

Impact Conclusion
In conclusion, the determination of 2022 AQMP consistency is primarily concerned with the long- term influence of a project on air quality in the Basin. The proposed project would not result in a long-term impact on the region' s ability to meet State and Federal air quality. Also, the proposed project would be consistent with the goals and policies of the 2022 AQMP for control of fugitive dust. As discussed above, the proposed project' s long- term influence would also be consistent with the SCAQMD and SCAG' s goals and policies and therefore is considered consistent with the 2022 AQMP. Thus, impacts would be less than significant.

MITIGATION MEASURES
No mitigation measures are required.

B. WOULD THE PROJECT RESULT IN A CUMULATIVELY CONSIDERABLE NET INCREASE OF

ANY CRITERIA POLLUTANT FOR WHICH THE PROJECT REGION IS NON -ATTAINMENT UNDER AN APPLICABLE FEDERAL OR STATE AMBIENT AIR QUALITY STANDARD?

LESS THAN SIGNIFICANT IMPACT
Regulatory Setting
A significant impact may occur if a project adds a considerable cumulative contribution to a Federal or State non -attainment pollutant. Measurements of ambient concentrations of the criteria pollutants are used by the United States Environmental Protection Agency (US EPA) and the California Air Resources Board ( CARB) to assess and classify the air quality of each air basin, county, or, in some cases, a specific urbanized area. The classification is determined by comparing actual monitoring data with National and State standards. If a pollutant concentration in an area is lower than the standard, the area is classified as being in " attainment." If the pollutant exceeds the standard, the area is classified as a " non -attainment" area. If there is not enough data available to determine whether the standard is exceeded in an area, the area is designated " unclassified."
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The South Coast Air Quality Management Plan ( AQMP) 2 demonstrates attainment of the Federal National Ambient Air Quality Standards. Currently the region is not in attainment of the ozone and two of the PM2.5 standards, but the AQMP provides the latest control strategies to achieve attainment as expeditiously as practicable.

Attainment status of the South Coast Air Basin with regard to the National Ambient Air Quality Standards ( NAAQS) and California Ambient Air Quality Standards ( CAAQS) are shown in Table 4. 3- 1, Attainment Status for South Coast Air Basin. As shown in Table 4. 3- 1, the Basin is in nonattainment for ozone ( 1 hour and 8 hour), PM10 and PM2. 5.

TABLE 4. 3- 1 ATTAINMENT STATUS FOR SOUTH COAST AIR BASIN

CRITERIA POLLUTANT

ATTAINMENT STATUS

NAAQS CAAQS
Ozone ( 1- Hour and 8- Hour) Non - Attainment ( Extreme) Non - Attainment Carbon Monoxide Attainment ( Maintenance) Attainment
Nitrogen Dioxide Attainment ( Maintenance) Attainment
Sulfur Dioxide Unclassifiable/ Attainment N/ A ( Attained) PM, o ( 24- Hour) Attainment ( Maintenance) Non -Attainment PM2. 5 ( 24- Hour) Non -Attainment ( Serious) Non - Attainment Lead Non -Attainment ( Partial) Attainment
Hydrogen Sulfide Attainment
Sulfates Attainment
Vinyl Chloride Attainment
Source:

California Air Resources Board, naaqs- caags- feb2016. gdf ( agmd. aov), accessed June 29, 2023 Impact Analysis
Because the South Coast Air Basin is currently in nonattainment for ozone, PMio, and PM2. 5, related projects may exceed an air quality standard or contribute to an existing or projected air quality exceedance. With respect to determining the significance of a project' s contribution, the SCAQMD neither recommends quantified analyses of construction and/or operational emissions from multiple development projects nor provides methodologies or thresholds of significance to be used to assess the cumulative emissions generated by multiple cumulative projects. Instead, the SCAQMD recommends that a project' s potential contribution to cumulative impacts be assessed utilizing the same significance criteria as those for project specific impacts. Furthermore, the SCAQMD states that if an individual development project generates less than significant construction or operational emissions impacts, then 2 South Coast AOMD Air Quality Management Plan; accessed June 29, 2023.

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the development project would not contribute to a cumulatively considerable increase in emissions for those pollutants for which the Basin is in nonattainment. 3 As discussed in Response 4. 3. C, the proposed project would not exceed any of the SCAQMD' s recommended mass daily thresholds of significance for construction or operation. Also, as discussed in Response 4. 3.C, localized emissions generated by the proposed project would not exceed the SCAQMD' s Localized Significance Thresholds (LSTs). Therefore, the proposed project would not contribute to a cumulatively considerable increase in emissions for the pollutants for which the Basin is in nonattainment. Thus, cumulative air quality impacts associated with the proposed project would be less than significant.

MITIGATION MEASURES
No mitigation measures are required.

C. WOULD THE PROJECT EXPOSE SENSITIVE RECEPTORS TO SUBSTANTIAL POLLUTANT CONCENTRATIONS?

LESS THAN SIGNIFICANT IMPACT
Sensitive receptors are considered land uses or other types of population groups that are more sensitive to air pollution than others due to their exposure. Sensitive population groups include children, the elderly, the acutely and chronically ill, and those with cardio- respiratory diseases. For CEQA purposes, a sensitive receptor would be a location where a sensitive individual could remain for 24- hours or longer, such as residencies, hospitals, and schools.

Several sensitive land uses are located surrounding the project site. The closest existing sensitive receptors to the site area are residential uses located immediately to the northwest, east, west and south of the project site, and the Sterling Christian School located immediately to the north and Warm Springs Elementary School located approximately 85 feet to the east of the project site.

A significant impact may occur if a project were to generate pollutant concentrations to a degree that would significantly affect sensitive receptors. Land uses that are considered more sensitive to changes in air quality than others are referred to as sensitive receptors. Land uses such as primary and secondary schools, hospitals, and convalescent homes are considered to be sensitive to poor air quality because the very young, the old, and the infirm are more susceptible to respiratory infections and other air quality - related health problems than the general public. Residential uses are considered sensitive because people in residential areas are often at home for extended periods of time, so they could be exposed to pollutants for extended periods. Recreational areas are considered moderately sensitive to poor air quality because vigorous exercise associated with recreation places a high demand on the human respiratory function.

Significance Thresholds and Standards
Air Quality Regional Significance Thresholds
The SCAQMD has established air quality emissions thresholds for criteria air pollutants for the purposes of determining whether a project may have a significant effect on the environment per CEQA Guidelines Section 15002( g). By complying with the thresholds of significance, the project would be in compliance s South Coast Air Quality Management District, White Paper on Potential Control Strategies to Address Cumulative Impacts from Air Pollution, Appendix A, August 2003.

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with the SCAQMD Air Quality Management Plan (AQMP) and the Federal and State air quality standards.

Table 4. 3- 2 lists the air quality significance thresholds for the air pollutants analyzed in this report.

TABLE 4. 3- 2 SCAQMD REGIONAL SIGNIFICANCE THRESHOLDS

POLLUTANT

CONSTRUCTION

POUNDS/ DAY)

OPERATION

POUNDS/ DAY)
Nitrous Oxides ( NOx) 100 55
Volatile Organic Compounds ( VOC) 75 55
Particulate Matter < 10 Ng ( PM10) 150 150
Particulate Matter < 2. 5 Ng ( PM2. 5) 55 55
Sulfur Oxides ( SOx) 150 150
Carbon Monoxide ( CO) 550 550
Lead ( Pb) 3 3
Sources:

MAT Engineering, Inc. ( June 2023)
CaIEEMod 2022. 1 and SCAQMD' s Mass Rate Look - up Tables for 2. 5 acres in SRA 34 at 25 meters.

Air Quality Localized Significance Thresholds
Table 4. 3- 3 lists the Localized Significance Thresholds (LST) used to determine whether a project may generate significant adverse localized air quality impacts. LSTs represent the maximum emissions from a project that are not expected to cause or contribute to an exceedance of the most stringent applicable federal or state ambient air quality standard.

TABLE 4. 3- 3 SCAQMD LOCALIZED SIGNIFICANCE THRESHOLDS

CRITERIA POLLUTANT CONSTRUCTION ( POUNDS/ DAY)
N Ox 179. 8
CO 1, 083. 8
PM10 7. 9
PM2. s 4. 8
Sources:

MAT Engineering, Inc. ( June 2023)
CaIEEMod 2022. 1 and SCAQMD' s Mass Rate Look -up Tables for 2. 5 acres in SRA 34 at 25 meters.

Air quality emissions were analyzed using the CALEEMod 2022. 1 and SCAQMD' s Mass Rate Localized Significant Threshold ( LST) Look -Up Tables.

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The nearest existing sensitive receptors are located along the property lines surrounding the project site, less than 25 meters from potential areas of on -site construction and operational activity. Although receptors are located closer than 25 meters to the site, SCAQMD LST methodology states that projects with boundaries located closer than 25 meters to the nearest receptor should use the LSTs for receptors located at 25 meters.

The daily disturbance area is calculated to be 2.5 acres, however LST thresholds are only based on 1, 2 and 5- acre sites. Therefore, a linear trend line was used to estimate the threshold for a 2.5- acre site based on the established LST thresholds.

Microscale Carbon Monoxide Concentration Standards
The significance of localized Carbon Monoxide (CO) impacts depends on whether ambient CO levels in the vicinity of a project are above or below Federal or State standards. If ambient levels are below the standards, a project is considered to have a significant impact if project emissions result in an exceedance of the AAQS. If ambient levels already exceed Federal or State standards, project emissions are considered significant if they increase 1- hour CO concentrations by 1. 0 ppm or more or 8- hour CO concentrations by 0. 45 ppm or more.

Current CO levels in the SCAB are in attainment of both Federal and State standards, and local air quality monitoring data indicates there have not been any localized exceedances of CO over the past three years. Therefore, a project must not contribute to an exceedance of a Federal or State ambient air quality standard.

Short Term Air Quality Impacts - Construction
Regional Emissions - Construction
Regional air quality emissions include both on -site and off -site emissions associated with construction of the proposed project. Regional daily emissions of criteria pollutants are compared to the SCAQMD regional thresholds of significance. Refer to Table 4. 3- 4, Regional Significance — Construction Emissions.

TABLE 4. 3- 4 REGIONAL SIGNIFICANCE - CONSTRUCTION EMISSIONS

MAXIMUM DAILY EMISSIONS ( POUNDS/ DAY)'
Activity VOC NOx CO S02 PM10 PM2. 5
Project Maximum Regional Daily Emissions' 30. 1 36. 1 37. 0 0. 05 6. 94 4. 15 SCAQMD Threshold 75 100 550 150 150 55
Exceeds Threshold? No No No TW07 No No
Sources:

MAT Engineering, Inc. ( June 2023)
CaIEEMod 2022. 1. Refer to Technical Appendix A, Appendix A.

Notes:

1. Maximum daily emission during summer or winter; includes both on -site and off -site project emissions.

The proposed project must follow all standard SCAQMD rules and requirements with regards to fugitive dust control, including but not limited to Rule 402 and Rule 403. Table 4. 3- 4 shows that the proposed project' s daily construction emissions would be below the applicable SCAQMD regional air Draft I July 2023 Environmental Analysis — 4- 16
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quality standards and thresholds of significance. As a result, the proposed project would not contribute substantially to an existing or projected air quality violation.

Furthermore, by complying with the SCAQMD standards, the proposed project would not contribute to a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable Federal or State ambient air quality standard, including releasing emissions which exceed quantitative thresholds for ozone precursors.

In conclusion, the regional construction emissions for the proposed project would not exceed the SCAQMD' s daily emission thresholds at the regional level as demonstrated in Table 4.3- 4. Thus, impacts would be less than significant.

Localized Emissions - Construction
Table 4. 3- 5 illustrates the construction - related localized emissions and compares the results to SCAQMD LST thresholds.

TABLE 4.3- 5 LOCALIZED SIGNIFICANCE - CONSTRUCTION EMISSIONS MAXIMUM DAILY EMISSIONS ( POUNDSIDAY) 1
Criteria Pollutants NOX CO PM10 PM2. 5
Maximum On - Site Emissions 36. 0 32. 9 6. 71 4. 1
SCAQMD Construction Threshold 179. 8 1, 083. 8 7. 9 4. 8 Exceeds Threshold? No No No No
Source: MAT Engineering, Inc. ( June 2023)
Source: CalEEMod 2022. 1 and SCAQMD' s Mass Rate Look - up Tables for 2. 5 acres in SRA 34 at 25 meters.

Source: CaIEEMod 2022. 1. See Technical Appendix A, Appendix A.

Notes:

1. Maximum daily summer or winter on - site emissions.

As shown in Table 4.3- 5, the emissions would be below the SCAQMD thresholds of significance for localized construction emissions at the nearest sensitive receptors. The proposed project must follow all standard SCAQMD rules and requirements, including but not limited to Rule 402 and Rule 403, with regards to fugitive dust control. Thus, the proposed project' s short- term construction impact on localized air resources would be less than significant.

Construction — Toxic Air Contaminants
The greatest potential for toxic air contaminant emissions would be related to diesel particulate emissions associated with heavy equipment operations during construction of the proposed project. The Office of Environmental Health Hazard Assessment ( OEHHA) has issued the Air Toxic Hot Spots Program Risk Assessment Guidelines and Guidance Manual for the Preparation of Health Risk Assessments February 2015) to provide a description of the algorithms, recommended exposure variates, cancer and noncancer health values, and the air modeling protocols needed to perform a health risk assessment HRA) under the Air Toxics Hot Spots Information and Assessment Act of 1987. Hazard identification includes identifying all substances that are evaluated for cancer risk and/ or non -cancer acute, 8- hour, Draft I July 2023 Environmental Analysis — 4- 17
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and chronic health impacts. In addition, identifying any multi -pathway substances that present a cancer risk or chronic non -cancer hazard via non -inhalation routes of exposure.

Given the short-term construction schedule, the proposed project' s construction activity is not expected to be a long-term (i.e., 30 years) substantial source of toxic air contaminant emissions and corresponding individual cancer risk. It should be noted that a quantified health risk assessment was not prepared for the proposed project, as it is not required by CEQA.

In order to ensure the level of Diesel Particular Matter (DPM) exposure is reduced as much as possible, the proposed project would implement the best available pollution control strategies to minimize potential health risks. The follow DPM control measures include:

Utilize low emission " clean diesel" equipment with new or modified engines ( Tier 4 or better) that include diesel oxidation catalysts, diesel particulate filters or Moyer Program retrofits that meet CARB best available control technology.

Establish staging areas for the construction equipment that are as distant as possible from adjacent sensitive receptors.

Establish an electricity supply to the construction site and use electric powered equipment instead of diesel -powered equipment or generators, where feasible, Use haul trucks with on -road engines instead of off -road engines for on -site hauling.

Thus, the proposed project' s short-term construction impact from toxic air contaminants would be less than significant.

Long Term Air Quality Impacts - Operation
Regional Emissions - Operation
Long-term operational air pollutant impacts associated with the proposed project are shown in Table 4.3-

6. CalEEMod daily emissions outputs are provided in Technical Appendix A, Appendix A.

The proposed project' s daily operational emissions would be below the applicable SCAQMD regional air quality standards and thresholds of significance, and as such, would not contribute substantially to an existing or projected air quality violation. Furthermore, by complying with the SCAQMD standards, the proposed project would not contribute to a cumulatively considerable net increase of any criteria pollutant for which the project region is non -attainment under an applicable Federal or State ambient air quality standard, including releasing emissions which exceed quantitative thresholds for ozone precursors. Thus, the proposed project' s regional operational emissions impacts would be less than significant.

Localized Emissions - Operation
According to the SCAQMD LST methodology, LSTs would apply to the operational phase of a project, if the project includes stationary sources, or attracts mobile sources (i.e., heavy-duty trucks) that may spend long periods queuing and idling at a site, such as industrial warehouse/ transfer facilities.

The proposed project consists of a 220- unit multi -family residential development and does not include such uses identified in the previous paragraph. Due to the lack of such emissions, no long-term localized significance thresholds analysis is necessary. Thus, operational LST impacts would be less than significant.

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TABLE 4. 3- 6 REGIONAL OPERATIONAL EMISSIONS

MAXIMUM DAILY EMISSIONS ( POUNDS/ DAY)'
Activity VOC NOx CO S02 PM10 PM2. 5
SUMMER
Mobile Sources' 3. 67 2. 91 27. 20 0. 06 5. 61 1. 46
Energy Sources2 6. 19 3. 22 12. 80 0. 02 0. 26 0. 26
Area Sources3 0. 04 0. 61 0. 26 0. 01 0. 05 0. 05
Summer Total Emissions 9. 89 6. 75 41. 20 0. 09 5. 92 1. 76 WINTER
Mobile Sources' 3. 40 3. 12 23. 20 0. 06 5. 61 1. 46
Energy Sources2 5. 08 3. 10 1. 32 0. 02 0. 25 0. 25
Area Sources3 0, 04 0. 61 0.26 0. 01 0. 05 0. 05
Winter Total Emissions 8. 52 6. 84 24. 80 0. 08 5. 91 1. 76 SCAQMD Threshold 55 55 550 150 150 55
Exceeds Threshold?
Summer - No
Winter - No
Summer - No
Winter - No
Summer - No
Winter - No
Summer - No
Winter - No
Summer - No
Winter - No
Summer - No
Winter - No
Sources:

MAT Engineering, Inc. ( June 2023)
CaIEEMod 2022. 1
Notes:

1. Mobile sources consist of emissions from vehicles and road dust.

2. Energy usage consists of emissions from on -site natural gas usage.

3. Area sources consist of emissions from consumer products, architectural coatings, and landscaping equipment.

Toxic Air Contaminants - Operations
Given that the proposed project consists of multi -family residential uses, the proposed project would not include any land uses that would involve the use, storage, or processing of carcinogenic or non - carcinogenic toxic air contaminants and no toxic airborne emissions would typically result from project implementation. This type of project does not include major sources of toxic air contaminants JAC) emissions that would result in significant exposure of sensitive receptors to substantial pollutant concentrations. As such, toxic air contaminant operational impacts would not result in significant health impacts to sensitive receptors. Thus, impacts would be less than significant.

CO Hot Spot Emissions
Carbon Monoxide (CO) is the pollutant of major concern along roadways because the most notable source of CO is motor vehicles. For this reason, CO concentrations are usually indicative of the local air quality generated by a roadway network and are used as an indicator of potential local air quality Draft I July 2023 Environmental Analysis - 4- 19
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impacts. Local air quality impacts can be assessed by comparing future without and with project CO levels to the Federal and State CO standards.

To determine if the proposed project could cause emission levels in excess of the CO standards, a sensitivity analysis is typically conducted to determine the potential for CO " hot spots' at a number of intersections in the general project vicinity. Because of reduced speeds and vehicle queuing, "hot spots" potentially can occur at high traffic volume intersections with a Level of Service E or worse.

Micro -scale air quality emissions have traditionally been analyzed in environmental documents where the air basin was a non -attainment area for CO. However, the SCAQMD has demonstrated in the CO attainment redesignation request to the US EPA that there are no " hot spots" anywhere in the air basin, even at intersections with much higher volumes, much worse congestion, and much higher background CO levels than anywhere else. If the worst -case intersections in the air basin have no " hot spot" potential, any local impacts would also be below the thresholds.

The 1992 Federal Attainment Plan for Carbon Monoxide (1992 CO Plan) showed that an intersection which has a daily traffic volume of approximately 100, 000 vehicles per day would not violate the CO standard.

According to the project Traffic Study, the proposed project would generate a total of 999 daily vehicle trips. The volume of traffic at project buildout with cumulative projects would be well below 100, 000 vehicles, and as such would not result in a violation of the CO standard. As such, no CO " hot spot" modeling was conducted for the proposed project. Thus, CO Hot Spot impacts would be less than significant.

Air Quality Health Effects
The following discussion is for informational purposes only. Health effects were addressed previously in Section 4. 3. C. As such, a qualified health risk assessment was not prepared for the proposed project, as it is not required by CEQA.

Adverse health effects induced by criteria pollutant emissions are highly dependent on a multitude of interconnected variables ( e. g., cumulative concentrations, local meteorology and atmospheric conditions, and the number and character of exposed individual [ e.g., age, gender]). In particular, ozone precursors VOCs and NOx affect air quality on a regional scale. Health effects related to ozone are therefore the product of emissions generated by numerous sources throughout a region. Existing models have limited sensitivity to small changes in criteria pollutant concentrations, and, as such, translating project - generated criteria pollutants to specific health effects or additional days of nonattainment would produce meaningless results. In other words, the proposed project' s less than significant increases in regional air pollution from criteria air pollutants would have nominal or negligible impacts on human health.

As noted in the Brief of Amicus Curiae by the SCAQMD, the SCAQMD acknowledged it would be extremely difficult, if not impossible to quantify health impacts of criteria pollutants for various reasons including modeling limitations as well as where in the atmosphere air pollutants interact and form.

Further, as noted in the Brief of Amicus Curiae by the San Joaquin Valley Air Pollution Control District SJVAPCD), SJVAPCD has acknowledged that currently available modeling tools are not equipped to provide a meaningful analysis of the correlation between an individual development project' s air emissions and specific human health impacts.

The SCAQMD acknowledges that health effects quantification from ozone, as an example is correlated with the increases in ambient level of ozone in the air (concentration) that an individual person breathes.

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SCAQMD' s Brief of Amicus Curiae states that it would take a large amount of additional emissions to cause a modeled increase in ambient ozone levels over the entire region. The SCAQMD states that based on their own modeling in the SCAQMD' s 2012 Air Quality Management Plan, a reduction of 432 tons 864,000 pounds) per day of NOX and a reduction of 187 tons (374,000 pounds) per day of VOCs would reduce ozone levels at highest monitored site by only nine parts per billion. As such, the SCAQMD concludes that it is not currently possible to accurately quantify ozone -related health impacts caused by NOX or VOC emissions from relatively small projects ( defined as projects with regional scope) due to photochemistry and regional model limitations.

Impact Conclusion
The Highland General Plan EIR analyzed construction, operational, and cumulative emissions impacts associated with buildout of the Highland General Plan, which were concluded to be significant and unavoidable. In March 2006, the City Council certified The Highland General Plan EIR, adopting a Statement of Facts and Findings, adopting a Statement of Overriding Considerations for significant and unavoidable agricultural resources, air quality, mineral resources, and noise impacts, and adopted a Mitigation Monitoring and Reporting Program.

The Highland General Plan EIR accounted for additional residential growth in the City. Thus, the proposed project would not result in the emissions beyond those analyzed in the Highland General Plan EIR.

To ensure that all short- term and long- term quality impacts remain at or can be mitigated to less than significant levels, the proposed project would be required to implement applicable SCAQMD rules.

Thus, proposed project short- term and long- term quality impacts are concluded to be less than significant.

MITIGATION MEASURES
No mitigation measures are required.

D. WOULD THE PROJECT RESULT IN OTHER EMISSIONS ( SUCH AS THOSE LEADING TO ODORS) ADVERSELY AFFECTING A SUBSTANTIAL NUMBER OF PEOPLE?

LESS THAN SIGNIFICANT IMPACT
A project -related significant adverse effect could occur if construction or operation of the proposed project would result in generation of odors that would be perceptible in adjacent sensitive areas.

According to the SCAQMD CEQA Air Quality Handbook, land uses associated with odor complaints typically include agricultural uses, wastewater treatment plants, food processing plants, chemical plants, composting, refineries, landfills, dairies, and fiberglass molding. The proposed project involves the construction and operation of residential uses, which are not typically associated with odor complaints.

The proposed project does not include any uses identified by the SCAQMD as being associated with odors. However, certain odors may emanate from construction operations if diesel -powered construction equipment is used during the construction period for the proposed project. These odors would be limited to the City' s specified construction period and would disperse quickly.

Construction activities associated with the proposed project may generate detectable odors from heavyduty equipment exhaust and architectural coatings. However, construction -related odors would be short- term in nature and cease upon completion of the proposed project.

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In addition, the proposed project would be required to comply with the California Code of Regulations, Title 13, sections 2449( d)(3) and 2485, which minimizes the idling time of construction equipment either by shutting it off when not in use or by reducing the time of idling to no more than five minutes. This would further reduce the detectable odors from heavy- duty equipment exhaust. The proposed project would also comply with the SCAQMD Regulation XI, Rule 1113 — Architectural Coating, which would minimize odor impacts from ROG emissions during architectural coating.

On -site trash receptacles would have the potential to create adverse odors; however, trash receptacles would be located and maintained in a manner that would promote odor control to reduce potential odor impacts and would be removed from the site at least once per week.

In conclusion, odor impacts to existing adjacent land uses from proposed project construction and operation would be required to comply with applicable State and SCAQMD regulations. Thus, impacts would be less than significant.

MITIGATION MEASURES
No mitigation measures are required.

CUMULATIVE IMPACTS
A project that has a significant impact on air quality with regard to emissions of PMio, PM2.5, NOx, SO2, VOC, and/ or ROGs as determined above would have a significant cumulative effect. In the event direct impacts from a project are less than significant, a project may still have a cumulatively considerable impact on air quality if the emissions from the project, in combination with the emissions from other proposed, or reasonably foreseeable future projects are in excess of thresholds, and the project' s contribution accounts for more than an insignificant proportion of the cumulative total emissions. With regard to past and present projects, the background ambient air quality includes the concentrations of pollutants from existing sources. Past and present project impacts are therefore included in the background ambient air quality data. As discussed above, the proposed project emissions would be below the significance thresholds during both construction and operations. Thus, the proposed project' s contribution is not considered cumulatively considerable.

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4.4. BIOLOGICAL RESOURCES
Less Than
Significant
Potentially Impact With Less Than
Significant Mitigation Significant No
Would the project: Impact Incorporated Impact Impact
a. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special V/ status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U. S. Fish and Wildlife Service? b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c. Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act ( including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means?
d. Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e. Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
f. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan?
Sources Cited in Section 4.4
City of Highland, The Highland General Plan Final Environmental Impact Report ( Highland General Plan EIR, Highland GP EIR), March 2006
Hamilton Biological, Inc., Biological Resources Analysis, Halcyon Project, 7536 Sterling Avenue, APN Nos:
0278- 131- 45, 0278- 131- 46, 0278- 131- 47, Highland, California, March 27, 2023 ( Refer to Technical Appendix B)

BIOLOGICAL RESOURCES METHODOLOGY
On March 2, 2023, Hamilton Biological accessed the Consortium of California Herbaria web page htti2s:// uoeps.berkeley.edu/ consortium/ georef search.php) and California Native Plant Society' s CNPS) Online Inventory of Rare and Endangered Plants ( www. rareplants. cnps. org) and searched for sensitive plant species known from the Highland area.

On March 2, 2023 Hamilton Biological accessed the California Natural Diversity Data Base ( 2023a, 2023b, 2023c) for information on special -status plant and wildlife taxa recorded on the Redlands and Harrison Mountain 7.5' USGS topographic quadrangles.

On March 3, 2023, Robert Hamilton conducted a field visit from 9: 50 am to 10: 50 am. The temperature was 51- 54 degrees F; wind was 1- 3 miles per hour; and skies were clear. Mr. Hamilton recorded all plant species and all vertebrate wildlife species detected on the project site and within the study area, and examined the project site and study area for tracks, scat, and other sign. He also characterized the Draft I July 2023 Environmental Analysis — 4- 23
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ecological communities on the project site and in the study area, and evaluated the potential for wildlife to move through the project site and study area.

SITE BIOLOGICAL SETTING
In the following discussions, scientific names are provided only for plant species, and for wildlife species not recorded during the surveys. The attached species lists provide the scientific names of all species recorded during the surveys.

Topography and Surrounding Land Uses
The project site is nearly flat, ranging in elevation between approximately 1, 100 and 1, 110 feet, and lacks any creeks or other drainage features. The site lies within an existing residential neighborhood characterized by low- and medium -density housing. In addition to the surrounding housing, the project vicinity includes an elementary school to the east, a church to the north, and a small commercial/retail center to the south.

Soils
According to Soilweb ( https:// casoilresource. lawr.ucdavis.edu/ gmap/), soils on the project site consist of Hanford coarse sandy loam, 2 to 9 percent slopes. The Hanford series consists of very deep, well drained soils that formed in moderately coarse textured alluvium dominantly from granite. Hanford soils are on stream bottoms, floodplains and alluvial fans and have slopes of 0 to 15 percent. The soils are well drained, with negligible to low runoff and moderately rapid permeability. The on -site soils are considered prime farmland.

Ecological Community
The approximately seven -acre project site consists of disturbed rangeland, with remnants of old building foundations and landscaping in the eastern part. The ecological community across the entire site is characterized as " ruderal/ disturbed" ( refer to Technical Appendix B, Figure 3, Photos 1- 5). The term ruderal" refers to weedy vegetation growing in areas where the natural vegetational cover has been disturbed by human actions. The entire site had been disked for weed control within approximately one week prior to the field visit, and review of historical aerial photos shows that the site has been disked regularly to at least as far back as 1994. A relatively small number of widespread, disturbance - adapted herbaceous plant species were recorded on the site, with the most abundant species being Common Fiddleneck ( Amsinckia intermedia), Cheeseweed ( Malva parviflora), Ripgut Brome ( Bromus diandrus), Storksbill ( Erodium cicutarium), Wild Radish ( Raphanus sativus), Nettle -leaved Goosefoot ( Chenopodium murale), and Indian Hedge Mustard ( Sisymbrium orientale).

In the northeastern corner of the site, near Sterling Avenue, is California Sycamore (Platanus racemosa) that stands approximately 50 feet tall with a trunk of diameter approximately 25 inches at 4. 5 feet above ground level. This lone tree does not comprise an ecological community; it may have been planted there long ago as part of landscaping of the residence that once existed in this part of the site. The only other native woody plant observed on the site is an 18- foot-tall Blue Elderberry (Sambucus nigra ssp. caerulea) growing along the eastern project boundary. Refer to Technical Appendix B, Figure 3.

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Wildlife
Reptiles and Amphibians
No reptiles or amphibians were observed during the field surveys. The widespread Side -blotched Lizard Uta stansburiana) and Western Fence Lizard (Sceloperus occidentalis) may occur there. A small number of snakes could also occur, such as the Pacific Gophersnake ( Pituophis catenifer catenifer) and California Kingsnake (Lampropeltis californiae). Amphibians that may have potential to occur are limited to common and widespread species, such as the Western Toad ( Anaxyrus boreas) and Baja California Treefrog Pseudacris hypochondriaca). No special -status reptiles or amphibians are likely to occur on the site due to its disturbed condition and surrounding development.

Birds
Fifteen native bird species were recorded in and adjacent to the study area: Rock Pigeon, Eurasian Collared -Dove, Anna' s Hummingbird, Turkey Vulture, Cassiri s Kingbird, Common Raven, Bushtit, European Starling, Northern Mockingbird, Cedar Waxwing, House Sparrow, House Finch, Lesser Goldfinch, White -crowned Sparrow, and Yellow- rumped Warbler. No special - status bird species are likely to occur the site except occasionally during migration.

Mammals
The diggings of Botta' s Pocket Gopher ( Thomomys botta) were observed throughout the site. Other common species likely to occur on the site include the Coyote ( Canis latrans), Raccoon ( Procyon lotor), Virginia Opossum ( Didelphis virginiana), and California Ground Squirrel ( Otospermophilus beecheyi). No special -status mammals are likely to occur on the site due to its disturbed condition and surrounding development.

IMPACT ANALYSIS
A. WOULD THE PROJECT HAVE A SUBSTANTIAL ADVERSE EFFECT, EITHER DIRECTLY OR

THROUGH HABITAT MODIFICATIONS, ON ANY SPECIES IDENTIFIED AS A CANDIDATE,

SENSITIVE, OR SPECIAL STATUS SPECIES IN LOCAL OR REGIONAL PLANS, POLICIES, OR REGULATIONS, OR BY THE CALIFORNIA DEPARTMENT OF FISH AND GAME OR U. S. FISH AND WILDLIFE SERVICE?

NO IMPACT
The project site is located within an urbanized area. The project site is currently undeveloped and vacant.

No special -status plants were observed on the site during the site visit, and no such plants are expected to occur there. In addition, no special -status wildlife species were observed on the site during the site visit, although birds may occasionally fly over the site or land there during migration or winter.

Because the project site has little conservation value for any special -status species, implementation of the proposed project would have no impacts to any special -status species. Thus, no impacts would occur.

MITIGATION MEASURES
No mitigation measures are required.

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B. WOULD THE PROJECT HAVE A SUBSTANTIAL ADVERSE EFFECT ON ANY RIPARIAN

HABITAT OR OTHER SENSITIVE NATURAL COMMUNITY IDENTIFIED IN LOCAL OR

REGIONAL PLANS, POLICIES, REGULATIONS OR BY THE CALIFORNIA DEPARTMENT OF FISH AND GAME OR U. S. FISH AND WILDLIFE SERVICE?

NO IMPACT
Riparian habitats, within woodlands and forest communities, occur in the foothill and mountain portions of the City. The Biological Assessment did not identify that the project site is located within a riparian habitat or the presence other sensitive natural community.

Because the project site is undeveloped and vacant, and is surrounded urban development, implementation of the proposed project would have no impacts to any riparian habitat or sensitive communities. Thus, no impacts would occur.

MITIGATION MEASURES
No mitigation measures are required.

C. WOULD THE PROJECT HAVE A SUBSTANTIAL ADVERSE EFFECT ON FEDERALLY PROTECTED WETLANDS AS DEFINED BY SECTION 404 OF THE CLEAN WATER ACT INCLUDING, BUT NOT LIMITED TO, MARSH, VERNAL POOL, COASTAL, ETC.) THROUGH DIRECT REMOVAL, FILLING, HYDROLOGICAL INTERRUPTION, OR OTHER MEANS?

NO IMPACT
There are no Federally protected wetlands present within or adjacent to the project site. The project site has been previously disturbed and is void of water features, including wetlands. Thus, no impacts would occur.

MITIGATION MEASURES
No mitigation measures are required.

D. WOULD THE PROJECT INTERFERE SUBSTANTIALLY WITH THE MOVEMENT OF ANY

NATIVE RESIDENT OR MIGRATORY FISH OR WILDLIFE SPECIES OR WITH ESTABLISHED

NATIVE RESIDENT OR MIGRATORY WILDLIFE CORRIDORS, OR IMPEDE THE USE OF NATIVE WILDLIFE NURSERY SITES?

LESS THAN SIGNIFICANT IMPACT WITH MITIGATION INCORPORATED The project site consists of approximately seven acres of vacant land surrounded by existing urban land uses. The lack of adjacent open spaces means that the project vicinity lacks source habitat areas for wildlife to move out of, or destination habitat areas for wildlife to move into. As such, no impacts would occur.

However, there is the potential for impacts on nesting birds. If vegetation removal takes place between February 1 to August 31, which is the typical nesting season for birds in the local area, there is the potential to disrupt nesting birds in potential violation of State and/ or Federal laws. Implementation of Mitigation Measure BIO- 1 ensures that impacts to nesting birds are mitigated. Thus, impacts would be less than significant with mitigation incorporated with mitigation incorporated.

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MITIGATION MEASURES
13I0- 1 If vegetation removal must be conducted during the nesting bird season. February 1 to August 31, a qualified biologist should first conduct a survey to determine whether any native birds are nesting in the area. If an active nest is found ( i. e., a complete nest with at least one egg), the nest and an appropriate buffer, to be determined by the biologist, should be avoided until after all young have fledged from the nest. Alternatively, work may be monitored by a biologist to ensure against disruption of nesting.

E. WOULD THE PROJECT CONFLICT WITH ANY LOCAL POLICIES OR ORDINANCES

PROTECTING BIOLOGICAL RESOURCES, SUCH AS A TREE PRESERVATION POLICY OR ORDINANCE?

LESS THAN SIGNIFICANT IMPACT
Highland Municipal Code Chapter 8. 36 applies to all heritage trees on all private property within the City, except as set forth in this chapter. As defined in Section 8. 36. 020, Definitions:

Heritage tree" means any live tree, shrub or plant which meets at least one of the following criteria:

A. All woody plants in excess of 15 feet in height and having a single trunk circumference of 24 inches or more, as measured four and one- half feet above ground level; or B. Multitrunk tree( s) having a total circumference of 30 inches or more, measured four and onehalf feet from ground level; or C. A stand of trees, the nature of which makes each dependent upon the others for survival; or D. Any other tree as may be deemed historically or culturally significant by the community development director or designee because of size, condition, location, or aesthetic qualities.

There is one large California Sycamore in the eastern part of the site that may qualify as a Heritage Tree, as defined in Highland Municipal Code Chapter 8. 36. Although removal of this tree would represent a less than significant impact to biological resources, removal of this tree may require a permit from the City as described in Highland Municipal Code Section 8. 36. 040, Requirements for Permit, and Section

8. 36. 100, Tree Replacement Policy.

Compliance with the requirements stipulated in Highland Municipal Code Chapter 8. 36 ensures impacts to heritage trees would be less than significant.

MITIGATION MEASURES
No mitigation measures are required.

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F. WOULD THE PROJECT CONFLICT WITH THE PROVISIONS OF AN ADOPTED HABITAT

CONSERVATION PLAN, NATURAL COMMUNITY CONSERVATION PLAN, OR OTHER APPROVED LOCAL, REGIONAL, OR STATE HABITAT CONSERVATION PLAN?

NO IMPACT
The project site is not located within an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved habitat conservation plan. 1, 5 Thus, no impacts would occur.

MITIGATION MEASURES
No mitigation measures are required.

The types of measures required for projects impacting protected habitat, species, and regulated resources can include avoidance, project design features, regulatory approvals, best management practices, and mitigation measures. The proposed project would not cause a significant impact to biological resources.

Therefore, the proposed project would not contribute to a cumulatively considerable impact.

California Department of Fish and Wildlife, California Natural Community Conservation Plans, NCCP Plan Summaries, July 2019, NCCP Plan Summaries ( ca. gov); accessed June 6, 2023 5 California Department of Fish and Wildlife, California Natural Community Conservation Plans Map, April 2019, FileHandler. ashx ( ca. Qov); accessed June 6, 2023
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4. 5. CULTURAL AND TRIBAL CULTURAL RESOURCES
Less Than
Significant
Potentially Impact With Less Than
Significant Mitigation Significant No
Would the project: Impact Incorporated Impact Impact
a. Cause a substantial adverse change in the significance of a historical resource as defined in CEQA Guidelines Section 15064. 5?
b. Cause a substantial adverse change in the significance of an archaeological resource pursuant to CEQA Guidelines Section15064. 5?
c. Disturb any human remains, including those interred outside of formal cemeteries?
d. Cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code Section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is:
1) Listed or eligible for listing in the California Register of Historical Resources, or in the local register of historical resources as defined in Public Resources Code Section 5020. 1( k)?
2) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to the criteria set forth in subdivision ( c) of Public Resources Code Section 5024. 1? In applying the criteria set forth in subdivision ( c) of Public Resources Code § 5024. 1, the lead agency shall consider the significance of the resource to a California Native American tribe.

Sources Cited in Section 4. 5
City of Highland, The City of Highland General Plan, March 2006, January 2012, August 2012, January 2022 Duke Cultural Resources Management ( DUKE CRM), Cultural Resources Research for the Halcyon Multifamily Residential Development, City of Highland, County of San Bernardino, California, April 2023 Included as Technical Appendix C)
A. WOULD THE PROJECT CAUSE A SUBSTANTIAL ADVERSE CHANGE IN THE SIGNIFICANCE OF A HISTORICAL RESOURCE AS DEFINED IN CEQA GUIDELINES SECTION 15064. 5?

NO IMPACT
The Highland Historic District is generally bound by Nona Avenue to the north, Main Street to the south, Orange Street to the west, and Church Avenue to the east. The Highland Historic District includes a mix of early 1900s architecture, including Craftsman Bungalows, Victoria -influenced design, Gothic Revival, and early commercial styles. The Highland Historic District is a designated historic district on the National Register of Historic Sites (01000333 NRIS), which depicts the old town area of the Highland townsite as a fine example of an early citrus town in southern California. The Highland Historic District covers approximately 290 acres with 99 contributing buildings. 6, 7 6 Highland California Historic District Page I Highland Area Historical Society ( highlandhistory. org) , accessed June 7, 2023 7 www. HighlandHistoiy. org, accessed June 7, 2023
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Review of the Highland General Plan Land Use Element Figure 2- 2, General Plan Land Use, shows that the project site is not located within the Historic Village District ( HVD). The project site is currently undeveloped and vacant, but surrounded by urban development. Thus, due to the lack of historic resources on the project site or surrounding area, the proposed project would have no impact on historic resources.

MITIGATION MEASURES
No mitigation measures are required.

B. WOULD THE PROJECT CAUSE A SUBSTANTIAL ADVERSE CHANGE IN THE SIGNIFICANCE

OF AN ARCHAEOLOGICAL RESOURCE PURSUANT TO CEQA GUIDELINES SECTION 1 S064. S?

LESS THAN SIGNIFICANT IMPACT WITH MITIGATION INCORPORATED Duke Cultural Resources Management, LLC (DUKE CRM) conducted a cultural resources records search and research for the Halcyon Multifamily Residential Development (proposed project), located at 7536 Sterling Avenue in the City of Highland, San Bernardino County, California. The City of Highland (City) is the lead agency for the California Environmental Quality Act (CEQA). The purpose of the DUKE CRM report is to document efforts to comply with CEQA and to assess whether any cultural resources have been recorded within or near the project site boundary.

The proposed project is located within Section 1, Township 1 South, Range 4 West, as depicted on the Redlands, Calif. USGS 7.5- minute quadrangle (see Technical Appendix C, Attachment A, Map 2: Project Location). It is located along the west side of Sterling Avenue just north of 9th Street ( see Technical Appendix C, Attachment A, Map 3: Project Aerial) within APNs 1278- 131- 45, - 46, and - 47. The proposed project is 6. 77 acres in size, and it will involve construction of 220 residential units with a total residential space of 270, 302 square feet. The proposed project will also include construction of 4, 649 square feet of amenities including a pool and clubhouse, and a total of 419 parking units.

Research
On March 13, 2023, DUKE CRM conducted a records search at the South Central Coastal Information Center (SCCIC). The SCCIC is part of the California Historical Resources Information System (CHRIS) and is located at California State University, Fullerton. The records search included a review of all recorded cultural resources and reports within a' h-mile radius of the project site. Review of the SCCIC data indicates that no cultural resources have been previously identified within the project site. Six cultural resources have been recorded within the lh- mile search radius (refer to Table 4. 5- 1).

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TABLE 4.5- 1 CULTURAL RESOURCES WITHIN 1/ 2- MILE OF THE PROJECT SITE Resource No. Site Type Description

NRHP/ CRHR
Eligibility
Distance
P- 36- 012850 Historical site Historic trash scatter Not evaluated 0. 35- mile W P- 36- 012870 Historical site Historic isolated artifact Not evaluated 0. 5- mile W P- 36- 029559 Historical structure Historic single- family residence 6Y— Not Eligible 0. 45- mile SW P- 36- 029560 Historical structure Historic multi -family residence 6Y — Not Eligible 0. 45- mile SW P- 36- 029561 Historical structure Historic commercial building 6Y — Not Eligible 0.5- mile SW P- 36- 029562 Historical structure Historic single- family residence 6Y — Not Eligible 0. 45- mile SW Source:

DUKE CRM (April 2023)
SCCIC data indicates that eight cultural resource reports cover areas within 1/ 2- mile of the project site Table 4.5- 2). None of these reports covered the proposed project site or documented any cultural resources within the project site.

In addition, the California Built Environment Resources Directory (BERD) was examined. The BERD includes the National Register of Historic Places ( NRHP), California Register of Historical Resources CRHR), California Historical Landmarks ( CHL), and California Points of Historic Interest ( CPHI). The BERD did not identify any cultural resources within the project site.

DUKE CRM also conducted a review of historical aerial photographs and historical topographic maps using the University of California, Santa Barbara' s online FrameFinder program and the USGS Historical Topographic Map Explorer. A historical aerial image from 1930 depicts dirt roads in the approximate current alignments of 5th Street and Del Rosa Avenue, but it shows no other development; the majority of the surrounding area appears to be either undeveloped or being used for agriculture, and the project site appears undeveloped.

A historical aerial image from 1952 shows a great deal more development in the vicinity of the project site. By this time, Sterling Avenue and 9th Street have both been constructed in their current alignments.

The southwest corner of the project site appears to be in use as an agricultural field, and several small buildings are depicted in the southeast corner of the project site. The 1954 Redlands 1: 24,000 historical topographic map appears to show the buildings in the southeast comer of the project area. A historical aerial image from 1968 shows that the southwestern corner of the project site is no longer being used for agriculture by this time, and the buildings in the southeast corner are still extant. The 1967 Redlands 1: 24,000 historical topographic map depicts the same buildings in the southeast corner of the project site, but no other development. The 1996 Redlands 1: 24, 000 historical topographic map does not depict any change in development within the project site.

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TABLE 4. 5- 2 CULTURAL RESOURCE REPORTS WITHIN'/ z MILE OF THE PROJECT SITE Report
No.

Year Report Title Authors
Sites within the
Project area
Cultural Resources Assessment of the Proposed Smith, Gerald A. and SB- 01111 1981 Patton Farms Residential Housing Project, San Michael K. Lerch None
Bernardino.

SB- 01465 1984
Cultural Resources Assessment: Construction of Del Smith, Gerald A. None Rosa Drive ( From 6th Street to Baseline Street).

Identification and Evaluation of Historic Properties:

East Valley Water District — Arroyo Verde Mutual
SB- 04045 2002 Water Company Water System Improvement Project Dandul, Miriam None in the City of Highland, San Bernardino County,
California.

SB- 04333 2002
Cultural Resources Assessment: New High School, Goodwin, Riordan and None San Bernardino, California. Robert E. Reynolds
Cultural Resource Records Search Results and Site
2006 Visit for T- Mobile USA Facility Candidate IE04843G Bonner, Wayne H. and None SB- 04830 Scotty' s), 1679 East Baseline Street, San Marnie Aislin- Kay Bernardino, San Bernardino County, California.

Results of Cultural Resource Monitoring for the New
SB- 05647 2006 Curtis Middle School and Elementary School No. 48, Fulton, Barowoj None City of San Bernardino, California.

Historical/ Archaeological Resources Survey Report:

East Valley Water District' s Perchlorate Treatment
SB- 06194 2005 and Water Distribution Facilities in and near the Encarnacion, Deirdre None Cities of San Bernardino and Highland, San
Bernardino County, California.

Historic Property Survey Report: Tiger 5th Street Tang, Bai " Tom" and SB- 07309 2011 Improvement Project, Cities of Highland and San Michael Hogan
None
Bernardino, San Bernardino County, California.

Source:

DUKE CRM ( April 2023)
A request for a Sacred Lands File (SLF) search was submitted to the Native American Heritage Commission (NAHC) on April 14, 2023 to ascertain the presence of known sacred sites, Native American cultural resources, and/ or human remains within the boundaries of the project site.

The NAHC responded on May 24, 2023, and indicated that the results of the SLF search were positive.

The NAHC recommended that DUKE CRM contact the Yuhaaviatam of San Manuel Nation ( YSMN) for information regarding potential sacred sites within the project site. DUKE CRM contacted the YSMN via email on May 24, 2023 to request information. Ryan Nordness of the YSMN responded via email on May 30, 2023 stating that " the proposed project is located near the known route of relocation following the battles against Serrano people in the 1870s. The area is of concern to the YSMN and the department is interested to consult whenever this project moves into AB5210EQA territory." The AB 52 tribal consultation process is Draft I July 2023 Environmental Analysis — 4- 32
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discussed later in this section.

Finally, DUKE CRM consulted its internal archives for ethnographic information relevant to the project area. The project site is located in an area that was shared between several Native American groups at the time of European contact. Groups that traditionally used the area included the Serrano, Cahuilla, and Gabrieleno:

The nearest ethnographically known Serrano villages to the project site are Amutskupiabit, Guapiabit, and Tarneobit, all located approximately 16 miles northeast.

The nearest ethnographically known Gabrieleno villages to the project site are Homhoa, located approximately 3. 8 miles southwest, and Wa' Aachnga, located approximately 4.2 miles southeast.

The nearest ethnographically known Cahuilla village is Saxhatpa, located approximately 12 miles southeast of the project site.

Impact Conclusion
DUKE CRM conducted research to assess whether any cultural resources have been recorded within or near the Project boundary. The six cultural resources recorded within 1/ 2- mile of the project site are all historic in age. Four are historic structures that were previously evaluated as not eligible for the NRHP.

Two are small historic refuse scatters or historic isolates.

No cultural resources are recorded within the project site. However, no previous cultural resource studies have been conducted within or adjacent to the project site, and the project site has consequently never been surveyed. DUKE CRM therefore recommends a field survey of the project site by a qualified archaeologist to assess the level of previous disturbance within the project site and to evaluate the project site for previously unidentified cultural resources. If previously unidentified cultural resources are unearthed during construction, work shall be halted in that area until the qualified archaeologist can assess the significance of the find.

Given that the project site has never been surveyed for cultural resources, these impacts are considered potentially significant. In order to reduce the potentially significant impacts, Mitigation Measure CUL- 1 includes archaeological monitoring during ground disturbance. Thus, impacts would be less than significant with mitigation incorporated.

MITIGATION MEASURES
CUL- 1 In the event that cultural resources are discovered during project activities, all work in the immediate vicinity of the find (within a 60-foot buffer) shall cease and a qualified archaeologist meeting Secretary of Interior standards shall be hired to assess the find. Work on the other portions of the project outside of the buffered area may continue during this assessment period. Additionally, the Yuhaaviatam of San Manuel Nation Cultural Resources Department ( YSMN) shall be contacted, as detailed within Mitigation Measure TCR- 1, regarding any pre -contact and/ or historic -era finds and be provided information after the archaeologist makes his/her initial assessment of the nature of the find, so as to provide Tribal input with regards to significance and treatment.

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C. WOULD THE PROJECT DISTURB ANY HUMAN REMAINS, INCLUDING THOSE INTERRED OUTSIDE OF FORMAL CEMETERIES?

NO IMPACT
There are no formal cemeteries in the City of Highland. Also, no formal cemeteries occur or known human remains have been discovered on -site.

Due to the level of past disturbance, it is not anticipated that human remains exist within these areas. In the event human remains are encountered during earth removal or disturbance activities, all activities would cease immediately and a qualified archaeologist and Native American monitor would be immediately contacted. California Health and Safety Code Section 7050. 5 states that no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097. 98. The County Coroner must be notified of the find immediately. If the remains are determined to be prehistoric, the Coroner would notify the Native American Heritage Commission ( NAHC), which will determine and notify a Most Likely Descendant ( MLD). With the permission of the landowner or his/ her authorized representative, the MLD may inspect the site of the discovery. The MLD shall complete the inspection within 48 hours of notification by the NAHC. The MLD may recommend scientific removal and nondestructive analysis of human remains and items associated with Native American burials. Compliance with the above protocols per Health and Safety Code and Public Resources Code ensure no impacts would occur.

MITIGATION MEASURES
No mitigation measures are required.

D. WOULD THE PROJECT CAUSE A SUBSTANTIAL ADVERSE CHANGE IN THE SIGNIFICANCE

OF A TRIBAL CULTURAL RESOURCE, DEFINED IN PUBLIC RESOURCES CODE SECTION 21074 AS EITHER A SITE, FEATURE, PLACE, CULTURAL LANDSCAPE THAT IS

GEOGRAPHICALLY DEFINED IN TERMS OF THE SIZE AND SCOPE OF THE LANDSCAPE,

SACRED PLACE, OR OBJECT WITH CULTURAL VALUE TO A CALIFORNIA NATIVE AMERICAN TRIBE, AND THAT IS:

1. LISTED OR ELIGIBLE FOR LISTING IN THE CALIFORNIA REGISTER OF HISTORICAL

RESOURCES, OR IN THE LOCAL REGISTER OF HISTORICAL RESOURCES AS DEFINED IN PUBLIC RESOURCES CODE SECCTION 5020. 1( K)?

LESS THAN SIGNIFICANT IMPACT WITH MITIGATION INCORPORATED Tribal Consultation
Chapter 532, Statutes of 2014 ( AB 52), requires that Lead Agencies evaluate a project' s potential to impact " tribal cultural resources." Such resources include "[ s] ites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native American tribe that are eligible for inclusion in the California Register of Historical resources or included in a local register of historical resources." AB 52 also gives Lead Agencies the discretion to determine, supported by substantial evidence, whether a resource qualifies as a " tribal cultural resource." Draft I July 2023 Environmental Analysis — 4- 34
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Also per AB 52 ( specifically Public Resources Code [ PRC] Section 21080. 3. 1), Native American consultation is required upon request by a California Native American tribe that has previously requested that the City provide it with notice of such projects.

On May 23, 2023, the City of Highland sent a project notification letter via email to the following California Native American tribes, which had previously submitted a general consultation request letter pursuant to Public Resources Code 21080. 3. 1( d):

Yuhaaviatam of San Manuel Nation ( formerly known as the San Manuel Band of Mission Indians) YSMN]
Gabrielino Band of Mission Indians
Soboba Band of Luiseno Indians
All three tribes were provided a brief description of the project and its location, the lead agency contact information, and a notification that the tribe has 30 days to request consultation.

At the conclusion of the 30- day period to request AB 52 consultation, the City received one request for consultation: Yuhaaviatam of San Manuel Nation (YSMN).

Human Remains
Human remains are defined as any physical remains of a human being. The term " human remains" encompasses more than human bones. In ancient as well as historic times, Tribal Traditions included, but were not limited to, the burial of associated cultural resources ( Funerary objects) with the deceased, and the ceremonial burning of human remains. These remains are to be treated in the same manner as bone fragments that remain intact. Associated funerary objects are objects that, as part of the death rite or ceremony of a culture, are reasonably believed to have been placed with individual human remains either at the time of death or later; other items made exclusively for burial purposes or to contain human remains can also be considered as associated funerary objects.

The Native American Graves Protection and Repatriation Act (NAGPRA) provides guidance that agencies shall consult with organizations on whose aboriginal lands the remains and cultural items might be discovered, who are reasonably known to have a cultural relationship to the human remains and other cultural items.

Impact Analysis
Whatever the linguistic affiliation, Native Americans in and around the project area exhibited similar organization and resource procurement strategies. Villages were based on clan or lineage groups. Their home/ base sites are marked by midden deposits, often with bedrock mortars. During their seasonal rounds to exploit plant resources, small groups would migrate within their traditional territory in search of specific plants and animals. Their gathering strategies often left behind signs of special use sites, usually grinding slicks on bedrock boulders, at the locations of the resources.

On June 23, 2023, the YSMN responded to the notification letter via an email. The response stated that the YSSN concurs with the findings in the Cultural Resources Report prepared by DUKE Cultural Resources Management. The response also included the tribe' s suggested cultural resource and tribal cultural resource mitigation measures for unanticipated discoveries. The City approved the suggested mitigation measures without changes. Tribal consultation was formally concluded with the YSMN via the previously referenced email on June 23, 2023.

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Given the long- standing history of the YSSN in and around Highland, and that the project site lies within the ancestral territories of the YSSN, there is the potential for construction of the proposed project to impact tribal cultural resources. Thus, ground -disturbing activities, such as grading or excavation; could disturb previously unidentified subsurface resources.

Implementation of Mitigation Measures TCR- 1, TCR- 2, CUL- 2, and CUL- 3 would reduce any potentially significant impacts to previously undiscovered tribal cultural resources to a less than significant level.

Thus, impacts related to unknown buried tribal cultural resources would be less than significant with mitigation incorporated.

MITIGATION MEASURES
TCR- 1 The Yuhaaviatam of San Manuel Nation Cultural Resources Department ( YSMN) shall be contacted, as detailed in YSMN CUL- 1, of any pre -contact and/ or historic -era cultural resources discovered during project implementation, and be provided information regarding the nature of the find, so as to provide Tribal input with regards to significance and treatment. Should the find be deemed significant, as defined by CEQA ( as amended, 2015), a cultural resources Monitoring and Treatment Plan shall be created by the archaeologist, in coordination with YSMN, and all subsequent finds shall be subject to this Plan. This Plan shall allow for a monitor to be present that represents YSMN for the remainder of the project, should YSMN elect to place a monitor on -site.

TCR- 2 Any and all archaeological/ cultural documents created as a part of the project ( isolate records, site records, survey reports, testing reports, etc.) shall be supplied to the applicant and Lead Agency for dissemination to YSMN. The Lead Agency and/ or applicant shall, in good faith, consult with YSMN throughout the life of the project.

CUL- 2 If significant pre -contact and/ or historic -era cultural resources, as defined by CEQA (as amended, 2015), are discovered and avoidance cannot be ensured, the archaeologist shall develop a Monitoring and Treatment Plan, the drafts of which shall be provided to YSMN for review and comment, as detailed within Mitigation Measure TCR- 1. The archaeologist shall monitor the remainder of the project and implement the Plan accordingly.

CUL- 3 If human remains or funerary objects are encountered during any activities associated with the project, work in the immediate vicinity ( within a 100- foot buffer of the find) shall cease and the County Coroner shall be contacted pursuant to State Health and Safety Code Section 7050. 5 and that code enforced for the duration of the project.

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2. A RESOURCE DETERMINED BY THE LEAD AGENCY, IN ITS DISCRETION AND SUPPORTED

BY SUBSTANTIAL EVIDENCE, TO BE SIGNIFICANT PURSUANT TO CRITERIA SET FORTH IN SUBDIVISION ( C) OF PUBLIC RESOURCES CODE SECTION 5024. 1? IN APPLYING THE CRITERIA SET FORTH IN SUBDIVISION ( C) OF PUBLIC RESOURCES CODE § 5024. 1, THE

LEAD AGENCY SHALL CONSIDER THE SIGNIFICANCE OF THE RESOURCE TO A CALIFORNIA NATIVE AMERICAN TRIBE.

LESS THAN SIGNIFICANT IMPACT WITH MITIGATION INCORPORATED Refer to Response 4. 5. D. I.

MITIGATION MEASURES
Refer to Mitigation Measures TCR- 1, TCR- 2, CUL- 2, and CUL- 3. No additional mitigation measures are required.

CUMULATIVE IMPACTS
Potential cumulative impacts could occur if the proposed project, when combined with other past, present, and reasonably foreseeable future projects, would cause significant impacts based on the thresholds of significance set forth in this Initial Study. The project site does not contain any historic resources and is not expected to impact any archaeological or paleontological resources; measures have been identified to mitigate potential impacts to a less than significant level. As with the proposed project, other past projects, other current projects, and probable future projects would be required to comply with standard conditions of approval and mitigation measures. Despite the site -specific nature of resources, mitigation required for the identification and protection of unknown or undocumented resources would reduce the potential for cumulative impacts. On a cumulative level, data recovered from sites in the region allow for the examination and evaluation of the diversity of human activities in the region. The proposed project would not contribute to a cumulatively considerable impact on cultural resources.

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4. 6. ENERGY
Less Than
Significant
Potentially Impact With Less Than
Significant Mitigation Significant No
Would the project: Impact Incorporated Impact Impact
a. Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation?
b. Conflict with or obstruct a state or local plan for renewable energy or energy efficiency?
Sources Cited in Section 4.6
City of Highland, Municipal Code, Title 15, Buildings and Construction MAT Engineering, Inc., Halcyon Residential Project Air Quality & Greenhouse Gas ( GHG) Impact Analysis, City of Highland, June 28, 2023 ( refer to Technical Appendix A) California Department of General Services, Building Standards Commission Building Standards Commission ( ca. gov), accessed June 28, 2023 California Department of General Services, 2022 California Building Standards Code ( California Code Regulations, Title 24)
A. WOULD THE PROJECT RESULT IN POTENTIALLY SIGNIFICANT ENVIRONMENTAL IMPACT

DUE TO WASTEFUL, INEFFICIENT, OR UNNECESSARY CONSUMPTION OF ENERGY RESOURCES, DURING PROJECT CONSTRUCTION OR OPERATION?

LESS THAN SIGNIFICANT IMPACT
The Halcyon Residential Project Air Quality & Greenhouse Gas ( GHG) Impact Analysis provides an estimate of energy consumption for the proposed project. As indicated in Table 4. 8- 2, Project Operations Greenhouse Gas Emissions, the proposed project is estimated to annually consume approximately 301. 0 MTCO2e$ of electricity and natural gas, which is an increase over existing conditions as the project site is currently vacant and undeveloped.

The proposed project would include energy -efficient fixtures and appliances. The proposed project would be constructed in accordance with the Highland Municipal Code Title 15, Buildings and Construction and the 2022 California Building Standards Code requirements. Thus, impacts would be less than significant impacts would occur.

MITIGATION MEASURES
No mitigation measures are required.
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B. WOULD THE PROJECT CONFLICT WITH OR OBSTRUCT A STATE OR LOCAL PLAN FOR RENEWABLE ENERGY OR ENERGY EFFICIENCY?

LESS THAN SIGNIFICANT IMPACT
The California Green Building Standards Code, also known as CALGreen, is Part 11 of Title 24 of the California Code of Regulations. It is the first -in -the -nation green building standards code and its history is significant. On January 12, 2010, the State Building Standards Commission adopted updates to the California Green Building Standards Code, which became effective on January 1, 2011. The California Code of Regulations ( CCR) Title 24, Part 11: California Green Building Standards became effective to aid efforts to reduce GHG emissions associated with energy consumption. Title 24 now require that new buildings reduce water consumption, employ building commissioning ( which is to ensure that the building' s energy efficient fixtures meet or exceed their performance and energy savings) to increase building system efficiencies, divert construction waste from landfills, and install low pollutant -emitting finish materials.

The most current code version is the 2022 CALGreen Code, which became effective as of January 1, 2023.

The proposed project includes 220 multi -family residential units. A majority of the energy that would be consumed by daily operations would be related to lighting, cooling, and ventilation. Adherence to the requirements identified in the 2022 CALGreen Code or most current version of the CALGreen Code would further ensure conformance with the State' s goal of promoting energy and lighting efficiency.

Thus, less than significant impacts would occur.

MITIGATION MEASURES
No mitigation measures are required.

CUMULATIVE IMPACTS
Past, present, and reasonably foreseeable future projects are required to implement measures, as set forth in their respective CEQA documents, consistent with Federal, State, and local regulations to avoid adverse effects related to energy consumption, and mitigate, where necessary, for significant impacts to energy resources. The proposed project would not cause a significant impact to energy resources. Thus, the proposed project would not contribute to a cumulatively considerable impact.

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4. 7. GEOLOGY AND SOILS
Less Than
Significant
Potentially Impact With Less Than
Significant Mitigation Significant No
Would the project: Impact Incorporated Impact Impact
a. Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving:
1) Rupture of a known earthquake fault, as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. 2) Strong seismic ground shaking?
3) Seismic -related ground failure, including liquefaction? 4) Landslides?
b. Result in substantial soil erosion or the loss of topsoil? c. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on -or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? d. Be located on expansive soil, as defined in Table 18- 1- B of the Uniform Building Code ( 1994), creating substantial risks to life or property? e. Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water?
f. Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?
Sources Cited in Section 4. 7
Leighton and Associates, Inc. ( Leighton), Geotechnical Exploration, Proposed 6. 77- Acre Multi -Family Residential Project, 7536 Sterling Avenue, City of San Bernardino, California, October 14, 2022 ( refer to Technical Appendix D)
City of Highland, The City of Highland General Plan, March 2006 City of Highland Municipal Code, Title 15, Buildings and Construction Existing Conditions
The 6. 77- acre project is situated on a relatively flat irregularly shaped parcel. It is bounded by Sterling Avenue and residential structures to the east, west, and south, and commercial structures to the north.

Review of historical aerial imagery indicates the site had been open and used for agricultural purposes from at least 1938. Sometime between 1938 and 1959, agriculture ceased onsite and a residential structure was constructed in the eastern edge of the site on Sterling Avenue. The residential structure was demolished sometime between 1984 and 1994 where remnants of the home' s foundation and hardscape remains today.

Based upon Leighton' s review of existing geotechnical literature ( References) and subsurface exploration refer to Field Investigation subheading below and Technical Appendix D, Appendix A), on -site soils consist of Undocumented Artificial Fill ( Afu) composed of either disturbed native deposits or fill soils Draft I July 2023 Environmental Analysis — 4- 41
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placed from previous agricultural activities, which are underlain by Quaternary Young Alluvial Valley Deposits ( Qya).

Field Investigation
The field exploration consisted of drilling six hollow stem auger borings. Prior to the field exploration, the area of the borings were marked and Dig Alert (811) was notified for utility clearance.

Three borings (B- 1 through B- 3) were drilled at various locations within the project site to depths reaching approximately 261/ 2 to 51'/ 2 feet below ground surface ( bgs) to evaluate the general subsurface conditions beneath the project site.

Additionally, three borings (IT- 1 through IT-3) were drilled to depths of approximately 15 to 30 feet bgs and converted into temporary percolation wells. These wells were installed in the northwest and southwest corners of the site and used for infiltration testing.

During excavation of the borings, ring samples and standard penetration test (SPT) samples were obtained for geotechnical laboratory testing. Bulk samples were collected at selected boring locations and depths for geotechnical laboratory testing. Each boring was logged in the field by staff geologist under supervision of a State licensed Certified Engineering Geologist. Collected soil samples were reviewed in the field and described in accordance with the Unified Soil Classification System ( USCS).

Logs of the borings and infiltration testing are included in Technical Appendix D. Locations of boring and percolation wells explorations are depicted on Technical Appendix D Figure 2, Exploration Location Map.

A. WOULD THE PROJECT DIRECTLY OR INDIRECTLY CAUSE POTENTIAL SUBSTANTIAL ADVERSE EFFECTS, INCLUDING THE RISK OF LOSS, INJURY, OR DEATH INVOLVING:

RUPTURE OF A KNOWN EARTHQUAKE FAULT, AS DELINEATED ON THE MOST RECENT

ALQUIST- PRIOLO EARTHQUAKE FAULT ZONING MAP ISSUED BY THE STATE GEOLOGIST FOR THE AREA OR BASED ON OTHER SUBSTANTIAL EVIDENCE OF A KNOWN FAULT? REFER TO DIVISION OF MINES AND GEOLOGY SPECIAL PUBLICATION 42.

NO IMPACT
Southern California, including the City of Highland and the project site, is subject to the effects of seismic activity due to the active faults that traverse the area. Active faults are defined as those that have experienced surface displacement within Holocene time ( approximately the last 11, 000 years) and/ or are in a State - designated Alquist- Priolo Earthquake Fault Zone.

Alquist-Priolo Earthquake Fault zones exist within the City of Highland, in the northern and eastern portions of the City; refer to Exhibit 4. 7- 1, Regional Fault and Historical Seismicity Map.

Based on Leighton' s site reconnaissance and review of available geologic literature and aerial photographs, Leighton finds no evidence that suggests active faults have been mapped across or towards the site, and the site is not located within a currently established Alquist- Priolo ( AP) Earthquake Fault Zone ( Bryant and Hart, 2007). In addition, the project site is not located within a current County Earthquake Fault Zone ( County of San Bernardino, 2010).

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Ex]
Source: Leighton and Associates, Inc. ( October 2022)
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Therefore, according to Table 4 of Special Publication 42 and the earthquake fault zones map, the project site is not located within an Alquist-Priolo Special Studies Zone. Thus, no impacts would result from the potential for fault rupture of a known earthquake fault on the project site.

MITIGATION MEASURES
No mitigation measures are required.

2. STRONG SEISMIC GROUND SHAKING?

LESS THAN SIGNIFICANT IMPACT WITH MITIGATION INCORPORATED The closest mapped active fault that could affect the project site through ground shaking is related to the San Andreas fault zone, located approximately 2.6 miles northeast of the project site. The San Andreas fault is capable of producing a maximum moment magnitude of Mw9 = 6.8 to 8.0. Based on the absence of faults known or mapped across or trending towards the site, the potential for fault ground rupture at the site is considered low.

Major regional faults with surface expression in proximity to the site are shown on Exhibit 4. 7- 1. The project site would experience strong ground shaking after the proposed project is developed resulting from an earthquake occurring along one or more of the major active or potentially active faults in southern California.

Accordingly, the proposed project should be designed in accordance with all applicable current codes and standards utilizing the appropriate seismic design parameters to reduce seismic risk as defined by California Geological Survey ( CGS) Chapter 2 of Special Publication 117a ( CGS, 2008). The 2019 edition of the California Building Code ( CBC) is the current edition of the code. Through compliance with these regulatory requirements and the utilization of appropriate seismic design parameters selected by the design professionals, potential effects relating to seismic shaking can be reduced.

During the life of the future residential uses, the project site would likely experience moderate to high ground shaking from these fault zones, as well as some background shaking from other seismically active areas of the Southern California region. The proposed project would be required to incorporate necessary design and structural elements to resist strong ground motion in compliance with the California Building Code.

Although some structural damage is typically not avoidable during a large earthquake, the proposed project would be constructed to meet existing construction ordinances and the California Building Code in order to protect against building collapse and major injury during a seismic event. The California Building Code includes specific design measures, which are based on the determination of Site Classification and Seismic Design Categories specific to the project site. These design measures are intended to maximize structural stability in the event of an earthquake.

Technical Appendix D page 10 provides text and a table identifying the parameters that should be considered for design under the 2019 CBC. The project structural engineer should review the seismic parameters provided on Technical Appendix D page 10, and recommend a site -specific seismic ground motion analysis, if needed.

Adherence to the California Building Code requirements, as well as Mitigation Measures GEO-1 and GEO2, would reduce impacts related to strong seismic shaking to less than significant. Thus, impacts would be less than significant with mitigation incorporated.

Mw is an abbreviation for Moment Magnitude scale.

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MITIGATION MEASURES
GEO- 1 Prior to the issuance of grading and/ or building permits, the recommendations in Geotechnical Exploration Section 2. 0 — Findings and Section 3. 0 - Conclusions and Recommendations shall be confirmed or modified by a geotechnical engineer to ensure compliance with the California Building Code. The recommendations of the geotechnical engineer shall be implemented during site grading and construction, and project operations.

GEO- 2 Prior to the issuance of grading permits, the City shall review all project plans for grading, foundation, structural, infrastructure, and all other relevant construction permits to ensure compliance with the applicable recommendations from the Geotechnical Exploration and other applicable Code requirements.

3. SEISMIC -RELATED GROUND FAILURE, INCLUDING LIQUEFACTION?

LESS THAN SIGNIFICANT IMPACT
Liquefaction is the loss of soil strength or stiffness due to a buildup of pore -water pressure during severe ground shaking. Liquefaction is associated primarily with loose (low density), saturated, fine -to -medium grained, cohesionless soils. As the shaking action of an earthquake progresses, the soil grains are rearranged, and the soil densifies within a short period of time. Rapid densification of the soil results in a buildup of pore -water pressure. When the pore -water pressure approaches the total overburden pressure, the soil reduces greatly in strength and temporarily behaves similarly to a fluid. Effects of liquefaction can include sand boils, settlement, and bearing capacity failures below structural foundations.

The State of California has not evaluated the site for liquefaction hazards. However, the project site is located within a zone of High Generalized Liquefaction Susceptibility as mapped by the County of San Bernardino.

Regional groundwater maps and groundwater data indicate that regional groundwater shallower than 50 feet below ground surface ( bgs) do not exist locally, and existing groundwater levels are not expected to rise significantly.

Groundwater was not encountered in any of the exploratory borings drilled to a maximum depth of approximately 511/ 2 feet bgs. Based on Leighton' s review of regional maps and groundwater data CDWR, 2022, and Fife et al., 1974), groundwater is expected to be on the order of 100 feet or deeper below existing ground surface in the vicinity of the site. Therefore, due to the lack of shallow groundwater and dense underlying fill and alluvial soil, the potential for liquefaction to occur is considered very low on the project site.

The Geotechnical Exploration concluded the potential for liquefaction is unlikely at the site. Thus, the potential for on -site liquefaction impacts would be less than significant.

MITIGATION MEASURES
No mitigation measures are required.

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4. LANDSLIDES?

LESS THAN SIGNIFICANT IMPACT
The geologic and topographic characteristics of an area often determine its potential for landslides. Steep slopes, the extent of erosion, and the rock composition of a hillside all contribute to the potential slope failure and landslide events.

The State of California has not evaluated the project site for seismically induced landslide hazards. The project site is located outside of any zones of Generalized Landslide Susceptibility as mapped by the County of San Bernardino. Additionally, the project site is relatively level and flat with no significant slopes. Given these considerations, the potential for seismically induced landslides to affect the site is low.

Due to the current site topography, seismically -induced landslides would not pose a danger to the project site. Thus, impacts as a result of seismic -related ground failure, including landslides would be less than significant.

MITIGATION MEASURES
No mitigation measures are required.

B. WOULD THE PROJECT RESULT IN SUBSTANTIAL SOIL EROSION OR THE LOSS OF TOPSOIL?

LESS THAN SIGNIFICANT IMPACT
On -site soils consist of Undocumented Artificial Fill (Afu) composed of either disturbed native deposits or fill soils placed from previous agricultural activities, which are underlain by Quaternary Young Alluvial Valley Deposits ( Qya).

Currently, the project site is subject to mechanical erosion, runoff, and sedimentation due to the granular nature of the site soil and high winds experienced in the region throughout the year. The on -site grading and earthwork activities to create the proposed project would result in ground surface disruption that could create the potential for short-term erosion by wind and water to occur. However, proper erosion control measures and surface drainage improvements upon completion of the proposed project would reduce the loss of site materials due to erosion ( water and wind), and the potential for mechanical erosion of the site would be considered low.

All demolition and construction activities on -site would be subject to compliance with the California Building Code. Further, the proposed project would be subject to compliance with the requirements set forth in the National Pollutant Discharge Elimination System ( NPDES) Storm Water General Construction Permit for construction activities; refer to Response 4.9.A. The NPDES Storm Water General Construction Permit requires preparation of a Storm Water Pollution Prevention Plan, which would identify specific erosion and sediment control Best Management Practices that would be implemented to protect storm water runoff during construction activities. Compliance with the California Building Code and NPDES would minimize effects from erosion and ensure consistency with the Los Angeles Regional Water Quality Control Board Water Quality Control Plan.

Once construction is complete, disturbed surfaces would be stabilized through vegetation or pavement.

Therefore, substantial soil erosion or loss of topsoil is not expected to occur during long- term operations.

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Following compliance with NPDES requirements, the proposed project would result in less than significant impacts regarding soil erosion.

MITIGATION MEASURES
No mitigation measures are required.

C. WOULD THE PROJECT BE LOCATED ON A GEOLOGIC UNIT OR SOIL THAT IS UNSTABLE,

OR THAT WOULD BECOME UNSTABLE AS A RESULT OF THE PROJECT, AND POTENTIALLY

RESULT IN AN ON -SITE OR OFF - SITE LANDSLIDE, LATERAL SPREADING, SUBSIDENCE, LIQUEFACTION OR COLLAPSE?

LESS THAN SIGNIFICANT IMPACT WITH MITIGATION INCORPORATED Stratigraphy
On -site soils consist of Undocumented Artificial Fill ( Afu) composed of either disturbed native deposits or fill soils placed from previous agricultural activities, which are underlain by Quaternary Young Alluvial Valley Deposits ( Qya).

Undocumented Artificial Fill ( Afu)
Undocumented artificial fill, presumed to have been from previous agricultural activities, were observed in the borings to depths of approximately 3.5 to 5 feet below the current surface. The undocumented artificial fill encountered in the borings was characterized as relatively dry, medium dense, silty sand.

During grading, dry and/ or loose undocumented fill within the subject site may be uncovered to be locally deeper or shallower than currently estimated.

Quaternary Young Alluvial Valley Deposits ( Qya)
Quaternary -age young alluvial valley deposits have been mapped and were observed within our borings underlying undocumented artificial fill on -site. The alluvial deposits encountered below the project site generally consisted of silty sand and sand with silt, with minor amounts of gravel. Alluvial deposits observed were typically medium dense in the upper 25 feet, becoming denser with depth as encountered in the exploratory borings. On -site alluvial deposits were observed to generally be moist at depths of about 5 feet below the existing ground surface.

All site grading should be performed in accordance with the applicable local codes and in accordance with the project specifications that are prepared by the appropriate design professional. The General Earthwork and Grading Recommendations are included in Technical Appendix D, Appendix E. In case of conflict the following recommendations shall supersede those provided in Technical Appendix D, Appendix E.

In conclusion, the existing soils are not suitable for the support of structural fill or foundations for the proposed project. All such fill soils would be removed, cleaned of all trash and debris, and recompacted prior to placing any structural fill soils and beneath future proposed structures, including patios/ porches, driveways, hardscape, and all associated footings. Any imported soils to be used for fill would be evaluated prior to placement on -site.

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to less than significant levels, which are to be reviewed and revised, as necessary, as part of Mitigation Measures GEO- 1 and GEO- 2. Thus, impacts would be less than significant with mitigation incorporated.

MITIGATION MEASURES
Refer to Mitigation Measures GEO- 1 and GEO- 2. No additional mitigation measures are required.

D. WOULD THE PROJECT BE LOCATED ON EXPANSIVE SOIL, AS DEFINED IN TABLE 18- 1- B OF THE UNIFORM BUILDING CODE ( 1994), CREATING SUBSTANTIAL RISKS TO LIFE OR PROPERTY?

LESS THAN SIGNIFICANT IMPACT WITH MITIGATION INCORPORATED Expansive soils can be a problem, as variation in moisture content will cause a volume change in the soil.

Expansive soils heave when moisture is introduced and contract as they dry. During inclement weather and/ or excessive landscape watering, moisture infiltrates the soil and causes the soil to heave expansion). When drying occurs the soils will shrink ( contraction). Repeated cycles of expansion and contraction of soils can cause pavement, concrete slabs on grade and foundations to crack. This movement can also result in misalignment of doors and windows.

Expansive soils contain significant amounts of clay particles that swell considerably when wetted and shrink when dried. Foundations constructed on these soils are subjected to large uplifting forces caused by the swelling. Without proper measures taken, heaving and cracking of building foundations and slabs -on -grade could result.

Based on the presence of sandy soil observed in the borings and test pits and results of laboratory testing refer to Technical Appendix D, Appendix B), the near -surface soils are expected to possess a very low potential for expansion ( EI< 21).

However, in order to ensure that the proposed project is not susceptible to damage as a result of on -site soils and geological conditions, the Geotechnical Exploration has included specific recommendations to reduce this risk to less than significant levels. The recommendations are to be reviewed and revised as necessary as part of Mitigation Measures GEO- 1 and GEO- 2. Impacts would be less than significant with mitigation incorporated.

MITIGATION MEASURES
Refer to Mitigation Measures GEO- 1 and GEO- 2. No additional mitigation measures are required.

E. WOULD THE PROJECT HAVE SOILS INCAPABLE OF ADEQUATELY SUPPORTING THE USE

OF SEPTIC TANKS OR ALTERNATIVE WASTE WATER DISPOSAL SYSTEMS WHERE SEWERS ARE NOT AVAILABLE FOR THE DISPOSAL OF WASTE WATER?

NO IMPACT
Sewers are currently available for the on -site disposal of wastewater; therefore, it would not be necessary to install septic tanks or alternative wastewater disposal systems. Therefore, no impacts would occur.

MITIGATION MEASURES
No mitigation measures are required.

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WOULD THE PROJECT DIRECTLY OR INDIRECTLY DESTROY A UNIQUE PALEONTOLOGICAL RESOURCE OR SITE OR UNIQUE GEOLOGIC FEATURE?

LESS THAN SIGNIFICANT IMPACT WITH MITIGATION INCORPORATED The project site is located in an urbanized area of the City and is currently vacant and undeveloped. The surrounding development has previously disturbed subsurface sediments. As such, the potential for the surrounding area and the project site to contain paleontological resources or unique geologic features are considered to be low.

Excavation during construction per the Geotechnical Exploration requires that all undocumented fill and dry or loose native alluvium should be removed, reworked, and replaced as engineered fill to a minimum depth of 5 feet from the existing ground surface within the foundation structural zone or 3 feet below structural footings, whichever is deeper. These overexcavations should extend a minimum five feet laterally beyond outside edges of exterior footings.

Excavation in sediments below the level of previous disturbance has the potential to encounter unknown paleontological resources. With the implementation of Mitigation Measure GEO- 3, impacts from the unanticipated discovery of paleontological resources impacts would be less than significant. Thus, impacts would be less than significant with mitigation incorporated.

MITIGATION MEASURES
GEO- 3 Unanticipated Discovery of Paleontological Resources. If paleontological resources are discovered during project construction, all work in the area of the find shall cease and a qualified paleontologist shall be retained by the City to investigate the find and to make recommendations on its disposition.

CUMULATIVE IMPACTS
The proposed project would be constructed in compliance with all applicable codes and in accordance with the Mitigation Measures set forth in this Initial Study/ Mitigated Negative Declaration, which are designed to reduce the exposure of people or structures to substantial risk of loss, injury, or death related to geological conditions or seismic events. The potential cumulative impact related to earth and geology is typically site -specific. The analysis herein determined that the proposed project would not result in any significant impacts related to landform modification, grading, or the destruction of a geologically significant landform or feature with implementation of mitigation. Moreover, existing State and local laws and regulations are in place to protect people and property from substantial adverse geological and soils effects, including fault rupture, strong seismic ground shaking, seismic -induced ground failure including liquefaction), and landslides.

Existing laws and regulations also protect people and property from adverse effects related to soil erosion, expansive soils, loss of topsoil, development on an unstable geologic unit or soil type that could result in on- or off -site landslides, lateral spreading, subsidence, liquefaction, or collapse. These existing laws and regulations, along with mitigation required for the proposed project, would render potentially adverse geological and soil effects less than significant. These existing laws and regulations also ensure that past, present, and reasonably foreseeable future projects in the region do not result in substantial adverse geological and soils effects. As a result, the existing legal and regulatory framework would ensure that the incremental geological and soils effects of the proposed project would not result in greater adverse cumulative effects when considered together with the effects of other past, present, and reasonably foreseeable future projects in Highland and the greater San Bernardino County region.

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Therefore, the proposed project, in combination with past, present, and reasonably foreseeable future projects, would not result in a cumulatively significant impact by exposing people or structures to risks related to geologic hazards, soils, or seismic conditions.

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4.8. GREENHOUSE GASES
Less Than
Significant
Potentially Impact With Less Than
Significant Mitigation Significant No
Would the project: Impact Incorporated Impact Impact
a. Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment?
b. Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases?
Sources Cited in Section 4.8
MAT Engineering, Inc., Halcyon Residential Project Air Quality & Greenhouse Gas ( GHG) Impact Analysis, City of Highland, June 28, 2023 ( refer to Technical Appendix A) California Air Resources Board, 2022 Scoping Plan, November 16, 2022 Southern California Association of Governments, 2020- 2045 Regional Transportation Plan/ Sustainable Communities Strategy — Connect SoCal, September 3, 2020 South Coast Air Quality Management District, Interim CEQA Greenhouse Gas ( GHG) Significance Thresholds, December 2008
Global Climate Change Setting
Global climate change is the change in the average weather of the earth that is measured by such things as alterations in temperature, wind patterns, storms, and precipitation. Current data shows that the recent period of warming is occurring more rapidly than past geological events. The average global surface temperature has increased by approximately 1. 4° Fahrenheit since the early 20th Century, which may seem like a small change. But, it is an unusual event in Earth' s recent history, and as we are seeing, even small changes in temperature can cause enormous changes in the environment.

The planet' s climate record, preserved in tree rings, ice cores, and coral reefs, shows that the global average temperature has been stable over long periods of time. For example, at the end of the last ice age, when the Northeast United States was covered by more than 3,000 feet of ice, average global temperatures were only 5° to 9° Fahrenheit cooler than today. The Intergovernmental Panel on Climate Change (IPCC), which includes more than 1, 300 scientists from the United States and other countries, forecasts a temperature rise of 2. 5° to 10' Fahrenheit over the next century. Therefore, significant changes to the environment are expected in the near future.

The consequences of global climate change include more frequent and severe weather, worsening air pollution by increasing ground level ozone, higher rates of plant and animal extinction, more acidic and oxygen depleted oceans, strain on food and water resources, and threats to densely populated coastal and low lying areas from sea level rise.

The impacts of climate change are already visible in the Southwest United States. In California, the consequences of climate change include:

A rise in sea levels resulting in the displacement of coastal businesses and residencies A reduction in the quality and supply of water from the Sierra snowpack Increased risk of large wildfires
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Exacerbation of air quality problems
Reductions in the quality and quantity of agricultural products An increased temperature and extreme weather events
A decrease in the health and productivity of California' s forests Greenhouse Gases
Most scientists agree the main cause of the current global warming trend is anthropogenic ( human - induced) augmentation of the greenhouse effect. The greenhouse effect refers to the way gases in the earth' s atmosphere trap and re -emits long wave infrared radiation, acting like a blanket insulating the earth. Activities such as fossil fuel combustion, industrial processes, agriculture, and waste decomposition have elevated the concentration of greenhouse gases in the atmosphere beyond the level of naturally occurring concentrations.

GHGs comprise less than 0. 1 percent of the total atmospheric composition, yet they play an essential role in influencing climate. Greenhouse gases include naturally occurring compounds such as carbon dioxide CO2), methane ( CH4), water vapor (1-120), and nitrous oxide (N20), while others are synthetic. Manmade GHGs include the chlorofluorocarbons ( CFCs), hydrofluorocarbons ( HFCs) and Perfluorocarbons PFCs), as well as sulfur hexafluoride ( SF6). Different GHGs have different effects on the Earth' s warming. GHGs differ from each other in their ability to absorb energy (their "radiative efficiency") and how long they stay in the atmosphere, also known as the " lifetime." The Global Warming Potential ( GWP) was developed to allow comparisons of the global warming impacts of different gases. Specifically, it is a measure of how much energy the emissions of 1 ton of a gas will absorb over a given period of time, relative to the emissions of 1 ton of CO2. The larger the GWP, the more than a given gas warms the Earth compared to CO2 over that time period. The time period usually used for GWPs is 100 years. GWPs provide a common unit of measure, which allows analysts to add up emissions estimates of different gases and allows policymakers to compare emissions reduction opportunities across sectors and gases.

Regulatory Setting
Technical Appendix A Section 4. 0 details the regulatory setting. Air pollutants are regulated at the, National, State, and air basin level with each agency having a different level of regulatory responsibility.

The United States Environmental Protection Agency ( US EPA) regulates at the national level. The California Air Resources Board (CARB) regulates at the state level. The South Coast Air Quality Management District ( SCAQMD) regulates at the air basin level.

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A. WOULD THE PROJECT GENERATE GREENHOUSE GAS EMISSIONS, EITHER DIRECTLY OR INDIRECTLY, THAT MAY HAVE A SIGNIFICANT IMPACT ON THE ENVIRONMENT?

LESS THAN SIGNIFICANT IMPACT
SCAQMD GHG Thresholds
For quantifiable analysis purposes, a project' s GHG emissions are compared to the South Coast Air Quality Management District (SCAQMD) Interim CEQA Greenhouse Gas ( GHG) Significance Thresholds, December 2008. The purpose of the SCAQMD thresholds of significance is to assist local agencies with determining the impact of a project for CEQA. SCAQMD' s objective in providing the GHG guidelines is to establish a performance standard that will ultimately contribute to reducing GHG emissions below 1990 levels, and thus achieve the requirements of the California Global Warming Solutions Act ( AB 32).

The SCAQMD has held several GHG Significance Thresholds Stakeholder Working Group meetings where staff has presented updated recommendations that serve in addendum to the interim document.

The SCAQMD describes a five -tiered approach for determining GHG Significance Thresholds.

Tier 1- If a project is exempt from CEQA, project -level and cumulative GHG emissions are less than significant.

Tier 2 - If the project complies with a GHG emissions reduction plan or mitigation program that avoids or substantially reduces GHG emissions in the project' s geographic area ( i. e., city or county), project -level and cumulative GHG emissions are less than significant.

For projects that are not exempt or where no qualifying GHG reduction plans are directly applicable, SCAQMD requires an assessment based on the following tiers.

Tier 3 - Consists of screening values that are intended to capture 90 percent of the GHG emissions from projects. If a project' s emissions are under the screening thresholds, then the project is less than significant. SCAQMD has presented two options that lead agencies could choose for screening values. Option #1 sets the thresholds for residential projects to 3,500 MTCO2e/year, commercial projects to 1, 400 MTCO2e/ year), and the mixed use to 3, 000 MTCO2e/ year. Option #2 sets a single numerical threshold for all non -industrial projects of 3, 000 MTCO2e/ year. The current staff recommendation is to use option # 2, but allows lead agencies to choose option # 1 if they prefer.

Regardless of which option a lead agency chooses to follow, it is recommended that the same option is consistently used for all projects.

The table below shows the screening levels described in option #2, which have been used previously in the City of Highland.

SCAQMD Tier 3 Screening Levels
Land Use Screening Value
Industrial Projects 10, 000 MTCO2eNr
Residential/ Commercial Projects 3, 000 MTCO2eNr
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Tier 4 - includes three performance standard compliance options to demonstrate that a project is not significant for GHG emissions.

Compliance Option 1 consists of achieving a target percentage reduction in emission compared to the business as usual (BAU) methodology. The project proponent would need to incorporate design features into the project and/ or implement GHG mitigation measures to demonstrate a 30 percent reduction in GHG emissions below BAU that is consistent with the current applicable goals of AB 32 in the State of the California.

Compliance Option 2 consists of early compliance with AB 32 through early implementation of CARB' s Scoping Plan Measures. This option is intended for projects in sectors subject to the Scoping Plan Measures.

Compliance Option 3 consists of establishing efficiency -based performance standards at the plan level program -level projects such as general plans) and project level. Efficiency standards are based on the amount of GHG emissions ( MTCO2e/ year) per Service Population ( SP). SP is defined as the sum of the residential and employment populations provided by a project.

SCAQMD Tier 4 Efficiency Thresholds
Project Type
Efficiency Thresholds
Target Year 2020 Target Year 2035
Plan ( Program) Level 6. 6 MTCO2e/ yr/SP 4. 1 MTCO2e/ yr/ SP Project Level 4. 8 MTCO2e/ yr/ SP 3. 0 MTCO2e/ yr/SP
Tier 5 — involves implementing off -site mitigation or the purchasing of offsets to reduce GHG emissions to less than the proposed screening level. The project proponent would be required to provide offsets for the life of the project, which is defined as 30 years.

By complying with the SCAQMD GHG thresholds of significance, a project is considered to be in compliance with the applicable State GHG legislation.

Neither the SCAQMD nor the City of Highland has adopted any numerical GHG thresholds. For the purpose of this analysis, the SCAQMD interim screening level Tier 3 numerical screening threshold of 3, 000 MT CO2e/ yr for residential development such as the proposed project. Notwithstanding, for informational purposes, the analysis also calculates the amount of GHG emissions that would be attributable to the project using recommended air quality models, as described below. The primary purpose of quantifying the project' s GHG emissions is to satisfy CEQA Guidelines Section 15064.4( a), which calls for a good -faith effort to describe and calculate emissions. The estimated emissions inventory is also used to determine if there would be a reduction in the project' s incremental contribution of GHG emissions as a result of compliance with regulations and requirements adopted to implement plans for the reduction or mitigation of GHG emissions. However, the significance of a project' s GHG emissions impacts is not based on the amount of GHG emissions resulting from the project.

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Impact Analysis
Greenhouse Gas Emissions - Construction
The CaIEEMod assumes the proposed project to require approximately 24 months for construction.

During proposed project construction, the CaIEEMod 2022. 1 computer model predicts that the construction activities would generate the annual CO2e emissions identified in Table 4. 8- 1, Project Construction Greenhouse Gas Emissions. In addition, the SCAQMD GHG emissions policy for construction activities is to amortize emissions over a 30- year lifetime, which is also shown in Table 4. 8- 1.

TABLE 4.8- 1 PROJECT CONSTRUCTION GREENHOUSE GAS EMISSIONS Emission Conditions Emissions ( MTCO2e')
Total Emissions Year 2024 530. 0
Total Emissions Year 2025 506. 0
Total Emissions Year 2026 5. 4
Emissions Amortized Over 30 Years2 34. 7
Source: MAT Engineering, Inc., June 2023
Notes:

CaIEEMod Output contained in Technical Appendix A, Appendix A

1. MTCO2e = metric tons of carbon dioxide equivalents (includes carbon dioxide, methane, nitrous oxide, and/or hydrofluorocarbon).

2. The emissions are amortized over 30 years and added to the operational emissions, pursuant to SCAQMD recommendations.

Because impacts from construction activities occur over a relatively short- term period of time, they contribute a relatively small portion of the overall lifetime project GHG emissions. By itself, the construction activities from the proposed project are less than significant when compared to the thresholds recommended by SCAQMD. Thus, construction -related GHG impacts would be less than significant.

However, SCAQMD recommends that construction emissions be amortized over a 30- year project lifetime and added to the overall operational emissions of the proposed project. In doing so, construction GHG emissions are included in the overall contribution of the proposed project, as discussed in the next section.

Greenhouse Gas Emissions - Operation
Greenhouse gas emissions are estimated for on -site and off -site operational activity using CalEEMod.

Greenhouse gas emissions from mobile sources, area sources and energy sources are shown in Table 4. 8- 2 Project Operations Greenhouse Gas Emissions. CalEEMod annual GHG output calculations are provided in Technical Appendix A, Appendix A.

As shown in Table 4. 8- 2, the proposed project GHG emissions are expected to be below the SCAQMD' s Tier 3 approach, which limits GHG emissions to 3, 000 MTCO2e for residential projects. Thus, t less than significant long-term GHG impacts would occur.

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TABLE 4. 8- 2 PROJECT OPERATIONS GREENHOUSE GAS EMISSIONS Source Category Emissions ( MTCO2e)
Area Sources 48. 5
Energy Usage 301. 0
Mobile Sources 1, 056. 0
Solid Waste 50. 8
Water 22. 4
Construction 34. 7
Total Emissions 1, 513. 4
SCAQMD Tier 3 Threshold 3, 000
Exceeds SCAQMD Tier 3 Threshold? No
Source: MAT Engineering, Inc., June 2023
Notes:

CalEEMod 2022. 1. See Appendix A.
1= Area sources consist of GHG emissions from consumer products, architectural coatings, and landscape equipment.
2= Energy usage consist of GHG emissions from electricity and natural gas usage. 3= Mobile sources consist of GHG emissions from vehicles. 4= Solid waste includes the CO2 and CH4 emissions created from the solid waste placed in landfills.
5= Water includes GHG emissions from electricity used for transport of water and processing of wastewater.
6= Construction GHG emissions based on a 30- year amortization rate.

MITIGATION MEASURES
No mitigation measures are required.

B. WOULD THE PROJECT CONFLICT WITH AN APPLICABLE PLAN, POLICY OR REGULATION ADOPTED FOR THE PURPOSE OF REDUCING THE EMISSIONS OF GREENHOUSE GASES?

LESS THAN SIGNIFICANT IMPACT
Consistency With CARB Scoping Plan
The CARB 2022 Scoping Plan identifies reduction measures necessary to achieve the goal of carbon neutrality by 2045 or earlier. Actions that reduce GHG emissions are identified for each AB 32 inventory sector.

Table 4. 8- 3, Consistency with the CARB 2022 Scoping Plan provides an evaluation of applicable reduction actions/ strategies by emissions source category to determine how the proposed project would be consistent with or exceed reduction actions/ strategies.

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TABLE 4. 8- 3 CONSISTENCY WITH CARB 2022 SCOPING PLAN

ACTIONS AND STRATEGIES CONSISTENCY ANALYSIS
Smart Growth/ Vehicles Miles Traveled ( VMT)
Reduce VMT per capita to 25% below 2019 levels by 2030, Consistent. The proposed project would be required to provide and 30% below 2019 levels by 2045 Electric Vehicle ( EV) charging station and bicycle parking space in accordance with the 2022 Title 24 standards and CALGreen Code, which would promote alternative mode of
transportation to reduce VMT. As such, the proposed project would be consistent with this action.

New Residential and Commercial Buildings
All electric appliances beginning 2026 ( residential) and 2029 Consistent. The proposed project is expected to consist of commercial), contributing to 6 million heat pumps installed natural gas heating and/ or cooking on -site. The City of statewide by 2030 Highland has not adopted an ordinance or program limiting the use of natural gas for on -site cooking and/ or heating. However, if adopted, the proposed project would comply with the
applicable goals or policies limiting the use of natural gas equipment in the future. As such, the proposed project would be consistent with this action.

Construction Equipment
Achieve 25% of energy demand electrified by 2030 and 75% Consistent. The City of Highland has not adopted an electrified by 2045 ordinance or program requiring electricity - powered construction equipment. However, if adopted, the proposed project would comply with the applicable goals or policies requiring the use of electric construction equipment in the future. As such, the proposed project would be consistent with this action.

Non -Combustion Methane Emissions
Divert 75% of organic waste from landfills by 2025 Consistent. SB 1383 establishes targets to achieve a 50 percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2020 and a 75 percent reduction by 2025. The law establishes an additional target that not less than 20 percent of currently disposed edible food is recovered for human consumption by 2025. The proposed
project would comply with local and regional regulations and recycle or compost 75 percent of waste by 2025 pursuant to SB 1383. As such, the proposed project would be consistent with this action.

Source: MAT Engineering, Inc., June 2023
Consistency With SCAG 2020- 2045 RTP/ SCS
On September 3, 2020, the Regional Council of SCAG formally adopted the 2020- 2045 RTP/ SCS. The 2020- 2045 RTP/ SCS includes performance goals that were adopted to help focus future investments on the best -performing projects, as well as different strategies to preserve, maintain, and optimize the performance of the existing transportation system. The 2020-2045 RTP/ SCS is forecast to help California Draft I July 2023 Environmental Analysis — 4- 57
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reach its GHG reduction goals by reducing GHG emissions from passenger cars by 8 percent below 2005 levels by 2020 and 19 percent by 2035 in accordance with the most recent CARB targets adopted in March 2018. Five key SCS strategies are included in the 2020- 2045 RTP/ SCS to help the region meet its regional VMT and GHG reduction goals, as required by the State.

Table 4. 8- 4, Consistency with SCAG 2020- 2045 RTP/ SCS shows the proposed project' s consistency with these five strategies found within the 2020-2045 RTP/SCS. As shown therein, the proposed project would be consistent with the GHG emission reduction strategies contained in the 2020- 2045 RTP/ SCS.

TABLE 4. 8- 4 CONSISTENCY WITH SCAG 2020- 2045 RTP/ SCS

REDUCTION STRATEGY APPLICABLE LAND USE TOOLS CONSISTENCY ANALYSIS Focus Growth Near Destinations and Mobility Options
Emphasize land use patterns that Center Focused Placemaking Consistent. The project site is located facilitate multimodal access to work, Priority Growth Areas ( PGA) within an area that is planned for educational and other destinations residential uses, with uses to the north, Focus on a regional jobs/ housing
Job Centers west, and east presently developed with
balance to reduce commute times High Quality Transit Areas ( HQTAs) single- and multi -family residential and and distances and expand job Transit Priority Areas ( TPA) institutional uses. The project site is
currently vacant, and the proposed project opportunities near transit and along center - focused main streets Neighborhood Mobility Areas ( NMAs) would develop underutilized land.

Furthermore, the proposed project is
Plan for growth near transit Livable Corridors located approximately 0. 25 miles from the investments and support Spheres of Influence ( SOls) existing Omnitrans bus stops. Therefore, implementation of first/ last mile the proposed project would focus growth strategies Green Region
near destinations and mobility options.

Promote the redevelopment of Urban Greening
underperforming retail developments
and other outmoded nonresidential
uses
Prioritize infill and redevelopment of
underutilized land to accommodate
new growth, increase amenities and
connectivity in existing
neighborhoods
Encourage design and transportation
options that reduce the reliance on
and number of solo car trips ( this
could include mixed uses or locating
and orienting close to existing
destinations)
Identify ways to " right size" parking
requirements and promote
alternative parking strategies ( e. g.
shared parking or smart parking)
Promote Diverse Housing Choices
Preserve and rehabilitate affordable PGA Consistent. The proposed project would housing and prevent displacement Job Centers
involve development of multi -family
dwelling units near existing bus stops and
HQTAs commercial development to the north,
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REDUCTION STRATEGY APPLICABLE LAND USE TOOLS CONSISTENCY ANALYSIS Identify funding opportunities for new NMA which increases housing supply and workforce and affordable housing TPAs
supports reduction of GHG emissions.
development Therefore, the proposed project would be
Create incentives and reduce
Livable Corridors consistent with this reduction strategy. regulatory barriers for building Green Region
context sensitive accessory dwelling Urban Greening
units to increase housing supply
Provide support to local jurisdictions
to streamline and lessen barriers to
housing development that supports
reduction of greenhouse gas
emissions
Leverage Technology Innovations
Promote low emission technologies HQTA Consistent. The proposed project would such as neighborhood electric TPAs require new multi -family development to vehicles, shared rides hailing, car install listed raceways to accommodate sharing, bike sharing and scooters NMA dedicated branch circuits to support by providing supportive and safe Livable Corridors electric vehicle chargers in accordance infrastructure such as dedicated with the 2022 Title 24 standards and lanes, charging and parking/ drop-off CALGreen Code. Additionally, new multi - space family dwelling units would be required to
Improve access to services through install solar photovoltaics panels. technology —such as telework and Therefore, the proposed project would telemedicine as well as other leverage technology innovations and help incentives such as a " mobility the City, County, and State meet its GHG wallet," an app- based system for reduction goals. The proposed project storing transit and other multi -modal
would be consistent with this reduction
payments
strategy.

Identify ways to incorporate " micro -
power grids" in communities, for
example solar energy, hydrogen fuel
Support Implementation of Sustainability Policies
Pursue funding opportunities to Center Focused Placemaking Consistent. The proposed project would support local sustainable Priority Growth Areas ( PGA)
be located close to bus stops, which would
development implementation promote alternative modes of projects that reduce greenhouse gas
Job Centers transportation. Additionally, new single -
emissions High Quality Transit Areas ( HQTAs) and multi -family residential development Support statewide legislation that Transit Priority Areas ( TPA) would be required to install listed raceways
to accommodate dedicated branch circuits
reduces barriers to new construction
and that incentivizes development Neighborhood Mobility Areas ( NMAs) to support electric vehicle chargers. The near transit corridors and stations Livable Corridors
proposed project would include private
outdoor areas with landscaped planters,
Support local jurisdictions in the Spheres of Influence ( 301s) trees, and seating. Further, the proposed establishment of Enhanced project would comply with sustainable Infrastructure Financing Districts Green Region
practices included in the CALGreen Code
EIFDs), Community Revitalization Urban Greening and 2022 Title 24 standards. Thus, the and Investment Authorities proposed project would be consistent with CRIAs), or other tax increment or this reduction strategy. value capture tools to finance
sustainable infrastructure and
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REDUCTION STRATEGY APPLICABLE LAND USE TOOLS CONSISTENCY ANALYSIS development projects, including
parks and open space
Work with local
jurisdictions/ communities to identify
opportunities and assess barriers to
implement sustainability strategies
Enhance partnerships with other
planning organizations to promote
resources and best practices in the
SCAG region
Continue to support long range
planning efforts by local jurisdictions
Provide educational opportunities to
local decisions makers and staff on
new tools, best practices and policies
related to implementing the
Sustainable Communities Strategy
Promote a Green Region
Support development of local climate Green Region Consistent. The proposed project adaptation and hazard mitigation Urban Greening
involves development of a residential
plans, as well as project community on a disturbed vacant lot and implementation that improves Greenbelts and Community Separators would therefore not interfere with regional community resiliency to climate wildlife connectivity or concert agricultural change and natural hazards land. The proposed project would be Support local policies for renewable required to comply with CALGreen Code energy production, reduction of and 2022 Title 24 standards, which would urban heat islands and carbon help reduce energy consumption and sequestration
reduce GHG emissions. Thus, the
proposed project would support efficient
Integratelocalal foodfoodproduction into development that reduces energy the regional a a consumption p and GHG emissions. The Promote more resource efficient proposed project would be consistent with development focused on this reduction strategy. conservation,
recycling and reclamation
Preserve,
enhance and restore regional
wildlife connectivity Reduce
consumption of resource areas,
including agricultural land Identify
ways to improve access topublic
park space Source:

MAT
Engineering, Inc., June 2023 Draft
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Impact Conclusion
The proposed project does not result in any potential conflicts with an applicable plan, policy or regulation for the purpose of reducing the emissions of greenhouse gases. Thus, less than significant impacts would occur.

MITIGATION MEASURES
No mitigation measures are required.

CUMULATIVE IMPACTS
Because of the global nature of the climate change problem, most projects would not generate GHG emissions that individually would cause a significant impact on global climate change. Therefore, the analysis of a project' s GHG impacts is typically not considered individually, but is analyzed against the GHG emissions of existing and proposed projects within the region, State, and ultimately against global emissions and how the emissions can cumulatively affect global climate change. This concept is supported in the various Attorney General, State of California Office of Planning and Research, and SCAQMD publications. Therefore, the proposed project' s generation of GHG emissions would not make a cumulatively considerable contribution to GHG emissions. Thus, the proposed project would not result in a cumulatively considerable impact associated with GHGs.

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4. 9. HAZARDS AND HAZARDOUS MATERIALS
Less Than
Significant
Potentially Impact With Less Than
Significant Mitigation Significant No
Would the project: Impact Incorporated Impact Impact
a. Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials?
b. Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment?
c. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? d. Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962. 5 and, as a result, would it create a significant hazard to the public or the environment? e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area?
Sources Cited in Section 4.9
City of Highland, The City of Highland General Plan, March 2006 Leighton and Associates, Inc. ( Leighton), Phase I and Limited Phase II Environmental Site Assessment, Proposed 6. 77-Acre Multi -Family Residential Project, 7536 Sterling Avenue, City of San Bernardino, California 92410, November 21, 2022 ( refer to Technical Appendix E) Department of Transportation, National Transportation Noise Map (dot.gov), accessed June 12, 2023 Existing Site Conditions
The project site is an approximate 6.77-acre lot that is mostly vacant undeveloped land; however, concrete remnants of former on -site structures include a well and a concrete paved driveway on the eastern most portion of the project site.

The general site vicinity is developed with single and multi -family residences, a church, an elementary school, and a retail shopping center.

Physical Setting
Leighton reviewed pertinent maps and readily available literature for information on the physiography and hydrogeology of the project site. A summary of this information is presented in Section 4. 0, Records Review of the Phase I and Limited Phase II Environmental Site Assessment. The review included the following topics: Topography, Surface Water, Geology and Soils, Hydrogeology, Oil and Gas Fields, Wetlands and Floodplains, Radon.

Standard Environmental Record Sources
A search of selected government databases was conducted by Leighton using the EDR Radius MapTM Report with GeoCheckO environmental database report system. Details and descriptions of the database search are provided in the EDR database report (refer to Technical Appendix E, Appendix D).

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The project site itself was not identified in the EDR database report.

The EDR database report did identify some off -site database listings that were identified due to the proximity to the project site and/ or the nature of the listing ( refer to Phase I and Limited Phase II Environmental Site Assessment Section 4. 2.2, Offsite). The Phase I and Limited Phase II Environmental Site Assessment concluded the following for the notable listings: given information provided in the database report did not reveal a release of petroleum or other hazardous materials, it is Leighton' s opinion these database listings are not likely evidence of a recognized environmental condition ( REC) on the subject site.

Regulatory Agency Contacts
Leighton researched other reasonably ascertainable, local and regional regulatory agency records (refer to Phase 1 and Limited Phase II Environmental Site Assessment Section 4. 2. 3, Regulatory Agency Contacts).

The results are summarized below.

Agency Conclusion
San Bernardino County Fire Protection District— The SBCFPD responded by indicating no records were Hazardous Materials Division ( SBCFPD) found for the site.

State of California Department of Toxic Substances The DTSC Cypress office responded by indicating no Control ( DTSC) records were found for the site.

State of California Regional Water Quality Board, Santa SARWQCB responded by indicating no records were Ana Region ( SARWQCB) found for the site.

Envirostor Given the distance from the site, and the potential soil only impacts of organochlorine pesticides ( OCPs),
Leighton concluded opinion that the offsite listing does not indicate a likely REC on the site.

Geotracker An online review of the Geotracker database revealed no listings for the Site. Four facilities with a cased closed status are listed within a 0.5- mile radius of the site.

Leighton concluded that the four off -site listing do no indicate a likely REC on the site.

National Pipeline Mapping Systems No natural gas transmission pipelines, no hazardous liquid pipelines, and no reported accidents ( gas or
liquids) on the site or within 0. 50- mile radius of the site.

South Coast Air Quality Management District No records associated with the site or in the immediately adjoining properties.

City of San Bernardino No records were found associated with the site.

Vapor Encroachment
Leighton reviewed the Vapor Encroachment Screen (VES) produced using EDR' s Vapor Encroachment Worksheet application that gathers regulatory database information from the accompanying Radius Report and allows the user to integrate groundwater information, regional geology, and other information to evaluate the concern for potential vapor encroachment from on -site activities and from Draft I June 2023 Environmental Analysis — 4- 64
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adjacent properties. The VES application was designed by EDR to assist parties seeking to meet the search requirements of the ASTM Standard Practice for Assessment of Vapor Encroachment into Structures on Property Involved in Real Estate Transactions, also referred to as the Tier I VES, as defined by ASTM E2600- 15.

Based on information provided in the EDR database report, and other information discussed in this report, no known Vapor Encroachment Condition ( VEC) was identified for the site.

Historical Use of Property
From at least the early 1930s through the late 1980s, the site appeared to be largely used for agriculture and/ or vacant land with rural residential use visible in the eastern portion of the site from at least the late 1930s through the late 1980s. By the early 1990s through at least the mid-2010s, the site was largely vacant land with only concrete remnants of the former residential structures visible on the eastern portion of the site.

From at least the early 1930s through the late 1930s, the surrounding properties were mostly developed for agricultural use. In addition, from at least the early 1930s through at least the late- 1960s what appeared to be a school was developed on the western adjoining property which appeared to undergo redevelopment by at least the mid-1970s through the mid-2010s. Likely rural residences were visible on the north -northeastern adjoining properties by at least the late 1930s, however by at least the late 1940s through at least the mid- 2010s were redeveloped with a larger structure ( rural residence or commercial) and several smaller structures (likely rural residences). What appeared to be residential developments were visible on the western and southern adjoining properties by at least the late 1940s through the mid-2010s and by at least the late 1950s what is likely the present day church and related school were developed on the northern most adjoining property. Also by the late 1950s, the south -southeastern most adjoining property appeared to be cleared of residences and appeared to be redeveloped into the present day shopping center by at least the late 1980s through the mid-2010s.

Given the historical site usage for agriculture, and the potential for residual agricultural chemicals, additional Phase II ESA soil sampling was recommended in conjunction with this Phase I ESA for the site.

Copies of historical resources used to assess past site and adjoining property uses ( i. e., topographic maps, aerial photos, city directories, etc.) are provided in Technical Appendix E, Appendix F.

IMPACT ANALYSIS
A. WOULD THE PROJECT CREATE A SIGNIFICANT HAZARD TO THE PUBLIC OR THE

ENVIRONMENT THROUGH THE ROUTINE TRANSPORT, USE, OR DISPOSAL OF HAZARDOUS MATERIALS?

LESS THAN SIGNIFICANT IMPACT
The project proposes to construct 220 multi -family residential units and would not create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials.

The proposed project could involve the transport and use of materials associated with routine maintenance of the property, such as janitorial supplies for cleaning purposes and/ or herbicides and pesticides for landscaping. The handling and transportation of all hazardous materials would be performed in accordance with applicable laws and regulations. Furthermore, the types and quantities of Draft I June 2023 Environmental Analysis — 4- 65
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materials to be used and stored on -site would not be of a significant quantity to create a reasonably foreseeable upset or accident.

Operation of the proposed project would not create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials and impacts would be less than significant.

Development plans for the proposed project would also be reviewed by the San Bernardino County Fire Protection District - Hazardous Materials Division (SBCFPD) for hazardous material use, safe handling, and storage, as appropriate. The SBCFPD could require that conditions of approval be applied for the project applicant to reduce hazardous material impacts, if applicable. Thus, less than significant impacts would occur.

MITIGATION MEASURES
No mitigation measures are required.

B. WOULD THE PROJECT CREATE A SIGNIFICANT HAZARD TO THE PUBLIC OR THE

ENVIRONMENT THROUGH REASONABLY FORESEEABLE UPSET AND ACCIDENT

CONDITIONS INVOLVING THE RELEASE OF HAZARDOUS MATERIALS INTO THE ENVIRONMENT?

LESS THAN SIGNIFICANT IMPACT WITH MITIGATION INCORPORATED A Phase I and Limited Phase II Environmental Site Assessment was conducted by Leighton and Associates, Inc. (Leighton, November 2022). The results are summarized below and presented in Exhibit 4. 9- 1, Phase I ESA Site Detail Map.

Phase I and Limited Phase II Environmental Site Assessment Soil Sampling
On November 10, 2022, a Leighton representative collected shallow soil samples at seven locations on the Site. The seven sampling locations, designated HA1- HA6, and SP1 are shown on Exhibit 4. 9- 1, Phase I ESA Site Detail Map.

Soil samples were collected at each location at approximately 0. 5 to 2. 5 feet below ground surface ( bgs) using a decontaminated stainless steel hand auger. The hand auger was advanced to the sampling depth, and the soil sample transferred from the tip of the hand auger to a new laboratory - supplied 4- ounce glass jar with Teflon -lined lids. In addition, one grab soil sample was collected from a soil pile along the southern edge of the site. Fresh soil was exposed just below the surface, and a sample was obtained directly from the soil pile with a new, nitrile gloved hand, and placed into a new laboratory -supplied 4- ounce glass jar with a Teflon -lined lid.

The soil samples were labeled with sample identification, date, time of collection, and placed in an ice - chilled cooler and transported under chain -of -custody procedures to Enviro- Chem, Inc. in Pomona, California for analyses.

Laboratory Analyses
All samples from the shallowest depth, ( i.e., approx. 0. 5 feet bgs) in HA1 through HA6 were analyzed for organochlorine pesticides ( OCPs) by US EPA Method 8081A, as well as arsenic and copper by US EPA Draft I June 2023 Environmental Analysis - 4- 66
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Method 6010B. The soil pile sample, SP1, was analyzed for Title 22 Metals by US EPA method no. 6010B and 7471, and Total Petroleum Hydrocarbons ( TPH). The deeper samples ( i.e., approx. 2. 5 feet bgs) from the hand auger borings were held pending analysis results of the shallower samples.

Analytical Results
Results of the soil analyses are provided in Technical Appendix E, Tables 1- 3.

Concentrations of OCPs were not detected above minimum detection limits in any of the soil samples analyzed. Technical Appendix E, Table 1 summarizes the OCP sample results and the applicable soil screening levels.

All soil samples analyzed for arsenic, copper, and other Title 22 metals were reported to have metal concentrations below the US EPA and DTSC residential soil screening levels with the exception of detections of arsenic. Detections of arsenic were reported in all soil samples analyzed at concentrations between 0. 618 mg/kg and 2. 28 mg/ kg, which exceed the USEPA and DTSC residential soil screening levels of 0.68 mg/kg and 0. 11 mg/ kg, respectively; however, none of them exceed the more appropriately applied DTSC Human Health Risk Assessment ( HHRA) Note 11 Southern California Ambient Arsenic Screening Level of 12 mg/ kg (DTSC, 2020b). Reported arsenic concentrations in the soil samples are not a concern for the future residential development ( refer to Technical Appendix E, Table 2).

TPH in the gasoline range organics ( C4-C10) was not detected above minimum detection levels in the single soil pile sample ( SP1) analyzed. TPH in the diesel range organics ( C10- C28) was detected in soil sample SP1 at a concentration of 42.3 mg/kg, which is below the USEPA and DTSC residential soil screening levels of 96 mg/ kg and 97 mg/ kg respectively. TPH in the oil range organics ( C28- C35) was detected at a concentration of 194 mg/ kg, which is below the USEPA and the DTSC residential screening level of 2400 mg/kg. Technical Appendix E, Table 3 summarizes the TPH sample results and the applicable soil screening levels.

While the results of the sample from this small soil pile (Photo 19 — Technical Appendix E, Appendix B) are acceptable relative to residential screening records, it may be prudent to either remove this soil from the site or use it a location which is buried beneath a future structure.

Phase I and Limited Phase II Limited ESA Conclusions and Recommendations Leighton performed a Phase I and Limited Phase II ESA of the property located at 7536 Sterling Avenue, Highland, California.

On - Site Conclusions
Historically, from at least the early 1930s through the late 1980s, the site appeared to be largely used for agriculture and/or vacant land with rural residential use visible in the eastern portion of the site from at least the late 1930s through the late 1980s. By the early 1990s through at least the mid- 2010s, the site was largely vacant land with only concrete remnants of the former residential structures visible on the eastern portion of the project site.

The project site consists mostly of a 6. 77-acre lot that is currently vacant undeveloped land. The project site is proposed for a multi -family residential development.

The project site itself is not listed in the search of various environmental databases.

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Leighton staff researched other reasonably ascertainable, local and regional environmental regulatory agency records using the site address of 7536 Sterling Avenue, a possible historic address of 7558 Sterling Avenue, and the site APNs of 0278131- 45, - 46, &- 47 where applicable.

A review of Envirostor, CaIGEM, SCAQMD FINDS, GeoTracker and NPMS ( pipelines) databases revealed no records associated with the project site. The SBCFPD, the DTSC Cypress Office and the SARWQCB reported no records found related to the project site. An online search of the COSB database did not reveal any records associated with the project site.

No Vapor Encroachment Condition ( VEC) was identified for the project site.

Based on preliminary information indicating historic agricultural use of the site, and the potential for residual pesticides on the project site, Leighton completed limited Phase II shallow soil sampling at the site in conjunction with this Phase I ESA. The sampling consisted of six hand auger borings, with soil samples collected from approximately 0.5 and 1. 5 to 2.5 feet bgs. Samples collected from 0.5 feet bgs were analyzed for OCPs, arsenic and copper, and the deeper 2. 5 feet bgs samples were held pending analyses results of the shallower samples. Additionally, the site reconnaissance revealed a soil pile that appeared to have been dumped along the southern edge of the site. A soil sample was obtained from near the surface of this soil pile and analyzed for Title 22 Metals and TPH in conjunction with the Limited Phase II ESA performed at the site.

The results of shallow soil sample analyses indicate no detected OCPs, and no TPH, arsenic, copper or other Title 22 metals exceeding USEPA or DTSC soil screening levels for a residential use scenario.

Off -Site Conclusions
Historically, from at least the early 1930s through the late 1930s, the surrounding properties were mostly developed for agricultural use. In addition, from at least the early 1930s through at least the late1960s what appeared to be a school was developed on the western adjoining property which appeared to undergo redevelopment by at least the mid- 1970s through the mid- 2010s. Likely rural residences were visible on the north -northeastern adjoining properties by at least the late 1930s, however by at least the late 1940s through at least the mid- 2010s were redeveloped with a larger structure ( rural residence or commercial) and several smaller structures (likely rural residences). What appeared to be residential developments were visible on the western and southern adjoining properties by at least the late 1940s through the mid-2010s and by at least the late 1950s what is likely the present day church and related school were developed on the northern most adjoining property. Also by the late 1950s, the south -southeastern most adjoining property appeared to be cleared of residences and appeared to be redeveloped into the present day shopping center by at least the late 1980s through the mid- 2010s.

Currently, the general site vicinity is developed for mixed use including single- family residences, a church, an elementary school, and a retail shopping center.

The environmental database search indicated no adjoining or nearby facilities likely to have created a REC on the project site. A review of the Envirostor, GeoTracker, SCAQMD FINDS, Ca1GEM, and NPMS pipelines) databases revealed no nearby facilities likely to have created a REC on the project site.

The adjoining property reconnaissance revealed no obvious visual evidence indicating a likely REC on the project site from an off -site source.

Impact Conclusions
Based on the findings of this Phase I and Limited Phase II ESA, Leighton recommends no further assessment.

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The following two issues are not considered RECs; however, Leighton recommends the following:

The results of a soil sample collected from a small soils pile on the southern site edge ( eastern portion of site) ( Technical Appendix E, Photo 19 - Appendix B) are acceptable relative to residential screening records; however, it may be prudent to either remove this soil from the site or use it a location which is buried beneath a future structure.

An unused water supply well was observed in the northeastern portion of the Site ( Technical Appendix E, Photo 14 - Appendix B). Any water well that is no longer used is considered abandoned and should be destroyed in accordance with State of California well standards, as implemented by San Bernardino County Environmental Health Services ( SBCEHS). The SBCEHS issues well destruction permits, which must be obtained prior to doing such.

The Phase I and Limited Phase II Environmental Site Assessment concludes less than significant impacts relative to any on -site or off -site recognized environmental conditions ( RECs).

However, to ensure that Leighton s recommendations regarding an on -site soil sample and an unused water supply well are implemented, Mitigation Measures HAZ-1 and HAZ-2 are included to reduce potentially significant impacts to less than significant with mitigation incorporated.

MITIGATION MEASURES
HAZ- 1 Prior to the issuance of grading permits, a determination shall be made by the City that the soil sample collected from a small soils pile on the southern site edge ( eastern portion of site) as shown in Technical Appendix E, Photo 19 - Appendix B will either: 1) remove this soil from the site, or 2) use this soil in a location that is buried beneath a future structure.

HAZ- 2 Prior to the issuance of grading permits, the Applicant shall coordinate with the San Bernardino County Environmental Health Services to officially abandon and destroy the on - site unused water supply well observed in the northeastern portion of the site in accordance with State of California well standards, as implemented by San Bernardino County Environmental Health Services.

C. WOULD THE PROJECT EMIT HAZARDOUS EMISSIONS OR HANDLE HAZARDOUS OR

ACUTELY HAZARDOUS MATERIALS, SUBSTANCES, OR WASTE WITHIN ONE -QUARTER MILE OF AN EXISTING OR PROPOSED SCHOOL?

LESS THAN SIGNIFICANT IMPACT
The closest existing school sites are the Sterling Christian School located immediately north of the project site, and the Warm Springs Elementary School located on Sterling Avenue east of the project site. The proposed project does not include any uses that could potentially generate hazardous materials in significant quantities. As such, the proposed residential uses would not emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste; and as such, would not impact existing or proposed schools within one -quarter mile of the project site. Thus, less than significant impacts would occur.

MITIGATION MEASURES
No mitigation measures are required.

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D. WOULD THE PROJECT BE LOCATED ON A SITE WHICH IS INCLUDED ON A LIST OF

HAZARDOUS MATERIALS SITES COMPILED PURSUANT TO GOVERNMENT CODE SECTION 65962. 5 AND, AS A RESULT, WOULD IT CREATE A SIGNIFICANT HAZARD TO THE PUBLIC OR THE ENVIRONMENT?

LESS THAN SIGNIFICANT IMPACT WITH MITIGATION INCORPORATED Refer to Response 4. 9. B.

MITIGATION MEASURES
Refer to Mitigation Measures HAZ- 1 and HAZ- 2. No additional mitigation measures are required.

E. FOR A PROJECT LOCATED WITHIN AN AIRPORT LAND USE PLAN OR, WHERE SUCH A

PLAN HAS NOT BEEN ADOPTED, WITHIN TWO MILES OF A PUBLIC AIRPORT OR PUBLIC

USE AIRPORT, WOULD THE PROJECT RESULT IN A SAFETY HAZARD FOR PEOPLE RESIDING OR WORKING IN THE PROJECT AREA?

LESS THAN SIGNIFICANT IMPACT
The San Bernardino International Airport ( SBIA, SBD) is a single runway, multi -use airport. The SBIA covers 1, 329 acres and has one runway that can accommodate the largest existing aircraft, including the Airbus A380 and the Boeing 747. The SBIA facility is a commercial, general aviation, and cargo airport.

The project site is located approximately 0. 67 mile north of SBIA. There are no private airstrips near the project site.

Highland General Plan
The Highland General Plan Airport Element includes goals, policies, and actions that address Noise, Safety, and Land Use Opportunities and Future Planning to its nearby airports, include SBIA. Relevant noise and safety actions pertinent to the proposed project are listed below.

Noise
1) Disseminate the latest information on noise mitigation through site planning review and construction techniques.
3) Work with the San Bernardino International Airport Authority to encourage restrictions on hours of operation to minimize noise impacts.

Safety
1) Establish occupancy requirements ( i. e., noise mitigation and height restrictions) within established airport easement or overflight areas as a condition of approval for new development.
2) Require letters of advisement incorporating information in Conditions, Covenants and Restrictions ( CCRs) or Real Estate Disclosures, which report where projects occur within established 65 Community Noise Equivalent ( CNEL) and an established Airport Influence Area ( AIA).

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Impact Analysis
The proposed project includes the development of 220 multi -family residential units in two four-story buildings on the 6. 77 gross acre project site. The new residential buildings and associated public infrastructure improvements would be available to existing and future City residents. Per Section 4. 14, Population and Housing, the proposed project is estimated to provide housing for 770 persons.

San Bernardino International Airport
An airport often contains airport traffic pattern and airport influence zones that can extend outside of the actual airport boundary. The San Bernardino International Airport (SBIA) airport traffic safety zones are within the boundaries of the airport, while the airport influence area zones are shown on Exhibit 4. 9- 2 SBIA AIA/ Redlands Municipal Airport Compatibility Map.

The project site is not within the Airport Traffic Pattern Zone, but is within the SBIA Airport Influence Area ( AIA) Zone. The AIA is considered to be of low risk or negligible risk to the underlying existing and future population.

Separately, the project site is not located within the 65 CNEL noise contour for SBIA per the Federal Department of Transportation, National Transportation Noise Map; refer to Exhibit 4. 9- 3, SBIA CNEL Noise Contour Map. 10 However, as previously noted, the project site is located within the SBIA AIA.

Given that the proposed project is surrounded by existing development, it is not anticipated that development and operation of proposed project would negatively affect airport operations. As such, the proposed project would not result in a significant safety hazard for people residing or working in the project area. Thus, less than significant impacts would occur.

MITIGATION MEASURES
No mitigation measures are required.

F. WOULD THE PROJECT IMPAIR IMPLEMENTATION OF OR PHYSICALLY INTERFERE WITH AN ADOPTED EMERGENCY RESPONSE PLAN OR EMERGENCY EVACUATION PLAN?

LESS THAN SIGNIFICANT IMPACT
The proposed project includes 220 multi -family residential units on a currently undeveloped and vacant lot that is surrounded by residential, educational, and commercial uses. The project site is located along Sterling Avenue, north of the 911, Street intersection.

The City adopted the City of Highland Emergency Plan. In addition, the City participates in the Statewide Master Mutual Aid Agreement; Mutual Aid Agreements with the City of San Bernardino and the San Bernardino County Sheriff' s Department; and automatic aid agreements with the cites of Redlands and Yucaipa, the California Department of Forestry and Fire Protection ( CDF), and the United States Forest Service. The American Red Cross also provides a wide range of emergency response support services to Highland ranging from single residential fire to community -wide disaster relief.

Evacuation Routes
The San Bernardino County General Plan identifies potential evacuation routes in and around Highland.

Major evacuation routes within the San Bernardino Valley include, but are not limited to, Interstate 10, 10 Source: Department of Transportation, National Transportation Noise Map (dot.eov), accessed June 12, 2023.

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15 and 215; State Highway 30, 31, 60, 66, and 71; and numerous major and secondary highways. Since earthquakes, floods, fires, or other disasters may render some or portions of these routes impassible, specific evacuation routes may need to be designated during an emergency depending on the nature and location of the particular disaster.

The City' s arterial streets maintain minimum right-of-way widths, and would continue to ensure that various evacuation routes are accessible to residents. As such, the proposed project would not interfere with an adopted emergency response plan and/ or the emergency evacuation plan.

In conclusion, emergency vehicles would continue to have access to project -related and surrounding roadways during construction and upon completion of the proposed project. As such, the proposed project would not impact access to emergency response. Thus, less than significant impacts would occur.

CUMULATIVE IMPACTS
The incremental effects of the proposed project related to hazards and hazardous materials, if any, are anticipated to be minimal, and any effects would be site -specific. Therefore, the proposed project would not result in incremental effects to hazards or hazardous materials that could be compounded or increased when considered together with similar effects from other past, present, and reasonably foreseeable probable future projects. The proposed project would not result in cumulatively considerable impacts to or from hazards or hazardous materials.

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4. 10. HYDROLOGY AND WATER QUALITY
Less Than
Significant
Potentially Impact With Less Than
Significant Mitigation Significant No
Would the project: Impact Incorporated Impact Impact
a. Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality?
b. Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin?
c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of stream or river or through the addition of impervious surfaces, in a manner which would:
1) Result in a substantial erosion or siltation on- or off -site? 2) Substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site?
3) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff?
4) Impede or redirect flood flows?
d. In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation?
e. Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan?
Sources Cited in Section 4. 10
Adjudicated Basins Annual Reporting System for San Bernardino Basin, accessed June 17, 2023 Basin Plan I Santa Ana Regional Water Quality Control Board ( ca. gov), accessed June 15, 2023 DRC Engineering, Inc., Preliminary Drainage Report for Helios Highland, West Side of Sterling Ave. Between Baseline St & 911 St, Highland, CA, April 2023 ( refer to Appendix F1) DRC Engineering, Inc., Preliminary Water Quality Management Plan for Helios Highland, WQP 23- 002, April 2023 ( refer to Appendix F2)
East Valley Water District, 20201RUWMP Part 2 Chapter 6, June 30, 2021; 637614377451900000 sbvmwd. com)
San Bernardino Valley Water Conservation District, Upper Santa Ana River Watershed Integrated Regional Water Management Plan ( IRWMP), June 15, 2021; Upper Santa Ana River Integrated Regional Water Management Plan - San Bernardino Valli Water Conservation District ( sbvwcd. org) San Bernardino Valley Water Conservation District, San Bernardino Valley Regional Urban Water Management Plan ( RUWMP), June 15, 2021, Upper Santa Ana River Integrated Regional Water Management Plan - San Bernardino Valley Water Conservation District ( sbvwcd. org) SGMA Groundwater Management ( SGMA) Portal - Department of Water Resources ( ca. gov), accessed June 17, 2023
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A. WOULD THE PROJECT VIOLATE ANY WATER QUALITY STANDARDS OR WASTE

DISCHARGE REQUIREMENTS OR OTHERWISE SUBSTANTIALLY DEGRADE SURFACE OR GROUND WATER QUALITY?

LESS THAN SIGNIFICANT IMPACT
The project site is located in the City of Highland, which is within the jurisdiction of the Santa Ana Regional Water Quality Control Board (SARWQCB).

The San Bernardino County MS4 Permit, Order No R8-2010-0036, NPDES Permit No. CAS618036 is currently in effect. The previous orders, including Order No. R8-2002- 0012, have been rescinded except for enforcement purposes for violations that occurred when they were in effect.

The Model Water Quality Management Plan ( WQMP) and Technical Guidance Document ( TGD) were developed by the Permittees according to section XI. E. of the current Order. These documents govern the development and implementation of post -construction pollution controls for certain new development and significant redevelopment as defined in the Order. The Order, WQMP, and TGD emphasize the use of controls that support Low Impact Development ( LID). Both documents are subject to periodic updates and amendments, subject to the approval of the Executive Officer and after public review.

Santa Ana River Basin Plan
The Basin Plan for the Santa Ana Region includes the upper and lower Santa Ana River watersheds, the San Jacinto River watershed, and several other small drainage areas. The Santa Ana Region covers parts of southwestern San Bernardino County, western Riverside County, and northwestern Orange County.

The Basin Plan establishes water quality standards for the ground and surface waters of the region. The Basin Plan includes an implementation plan describing the actions by the Regional Board and others that are necessary to achieve and maintain the water quality standards.

Project Overview
The proposed development consists of the construction of two residential multi -family buildings, garages, and associated parking and hardscape. The remaining site includes residential landscaping.

All on -site Drainage Management Areas (DMA) would drain to hydrodynamic separation devices before draining to infiltration arch chambers with an overflow route to either Elm Street or Sterling Avenue.

Existing Conditions - Water Quality
The existing site is currently vacant and undeveloped land with 90 percent pervious coverage.

Watershed Description for Drainage Area
Following are existing conditions relative to receiving waters, 303( d) listed impairments, applicable total maximum daily loads (TMDL), and environmentally sensitive and special biological significant areas.

Receiving Waters
Highland Creek
Patton Basin
303( d) Listed Impairments
Not listed on 303( d) list
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Applicable TDMLs
Alkalinity as CaCO3
Benthic Community Effects
Chloride Nitrate/ Nitrate
Nitrogen - Ammonia
Oxygen -Dissolved
pH Specificity Conductivity
Sulfates
Temperature - water
Environmentally Sensitive Areas
Burrowing Owl
Unique Downstream Water Bodies
None
Hydrologic Conditions of Concern
No
Watershed -Based BMP Included in a RWQCB Approved WAP
No
Expected Pollutants of Concern
Pathogens (Bacterial / Virus): pavement runoff
Nutrients — Phosphorous: primary sources of nutrients are fertilizers and eroded soils Nutrients — Nitrogen: primary sources of nutrients are fertilizers and eroded soils Noxious Aquatic Plants: landscaped areas
Sediment: during construction and grading and at landscaped areas Oil and Grease: vehicular traffic
Trash/ Debris: public waste and general waste products on the landscape Pesticides/ Herbicides: landscape activities areas
Organic Compounds: landscape areas
Proposed Project — Water Quality
A Preliminary Water Quality Management Plan (PWQMP) was prepared for the proposed project, and complies with the requirements of the City of Highland and County of San Bernardino NPDES Stormwater Program requiring the preparation of a plan.

Currently, the project site is 90 percent pervious and 10 percent impervious. Implementation of the proposed project would alter the site characteristics to 15 percent pervious and 85 percent impervious, as shown in Table 4. 10- 1, Pre- and Post -Project Conditions.

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TABLE 4. 10- 1 PRE- AND POST -PROJECT CONDITIONS
Pervious Impervious
Project Area
Area Percentage Area Percentage
Pre -Project Conditions

6. 77 AC (
262, 648 SF)
90%
0 AC
29, 574 SF)
10%
Post -Project Conditions

0. 36 AC
15, 697 SF)
15%

2. 04 AC
88, 951 SF)
85%
Source:

DRC Engineering, Inc. ( April 2023)
Notes:

AC = acres; SF = square feet
Site Total SF — 292,222 SF
PWQMP Sections 4 and 5 identify applicable best management practices ( BMP) for the proposed project, as shown on the following PWQMP forms completed by DRC Engineering, Inc. (refer to Technical Appendix 172):

Form 4. 1- 1, Non -Structural Source Control BMPs
Form 4. 1- 2, Structural Source Control BMPs
Form 4. 1- 2, Preventative LID Site Design Practices Checklist Form 4.2- 1, LID BMP Performance Criteria for Design Capture Volume (DA 1 - DMA A) Form 4.2- 1, LID BMP Performance Criteria for Design Capture Volume ( DA 2 - DMA B) Form 4.2- 2, Summary of HCOC Assessment (DA 1)
Form 4. 2- 3, HCOC Assessment for Runoff Volume ( DA 1) Form 4.2- 4, HCOC Assessment for Time of Concentration (DA 1) Form 4.2- 5, HCOC Assessment for Peak Runoff (DA 1)
Form 4.3- 1, Infiltration BMP Feasibility ( DA 1)
Form 4.3- 2, Site Design Hydrologic Source Control BMPs (DA 1) Form 4. 3- 2, Infiltration LID BMP - Including Underground BMPs ( DA 1) Form 4.3- 3, Infiltration LID BMP - Including Underground BMPs (DA 2) Form 4.3- 4, Harvest and Use BMPs ( DA 1)
Form 4. 3- 5, Selection and Evaluation of Biotreatment BMP ( DA 1) Form 4. 3- 6, Volume Based Biotreatment ( DA 1) - Bioretention and Planter Boxes with Underdrains Form 4. 3- 7, Volume Based Biotreatment ( DA 1) - Constructed Wetlands and Extended Detention Form 4. 3- 8, Flow Based Biotreatment ( DA 1)
Form 4. 3- 8, Flow Based Biotreatment ( DA 2)
Form 4.3- 9, Conformance Summary and Alternative Compliance Volume Estimate ( DA 1) Form 4. 3- 9, Conformance Summary and Alternative Compliance Volume Estimate ( DA 2) Draft I July 2023 Environmental Analysis - 4- 80
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4. 3- 10, Hydromodification Control BMPs ( DA 1)
5- 1, BMP Inspection and Maintenance
Table 4. 10- 2 summaries the relative project information from the above forms.

TABLE 4. 10- 2 LID BMP PERFORMANCE CRITERIA FOR DESIGN CAPTURE VOLUME Project Area Imperviousness
Runoff
Coefficient
p2yr- 1hr
Mean 6- hr
Precipitation
Drawdown Rate
Design Capture
Volume
SF)
Rc)

IN)( N) HRS)
SF)
DA- 1— DMA - A
274, 637 sf 87. 4% 0. 69 0. 537 in 0. 795 in 48 hrs 24, 754 sf DA- 2 — DMA- B
2M00 sf 74. 8% 0. 54 0. 537 In 0. 795 48 hrs 1, 485 sf
Source:

DRC Engineering, Inc. ( April 2023)
Notes:

SF = Square Feet; % - Percent; IN = inches; HRS = hours; P2y- 1 r = 1- hour rainfall depth for a 2- year return period Table 4. 10- 3 summaries the proposed design conditions for the two on -site drainage areas.

TABLE 4. 10- 3 DRAINAGE AREA SUMMARY CONDITIONS
Drainage Area Square Footage
Percent Design Capture
Proposed
Design Volume
Impervious Volume ( SF)
CF)
A 274, 637 87. 4 24, 784 41, 748
B 21, 100 74. 8 1, 485 1, 616
TOTAL 295, 737 86. 5 26, 269 43, 364
Source:

DRC Engineering, Inc. ( April 2023)
Notes:

SF = square feet; CF = cubic feet
Impact Conclusion
All sources of potential pollutants from the proposed project are mitigated to less than significant through the use of identified BMPs per the requirements of Santa Ana Regional Water Quality Control Board as outlined in the Preliminary WQWP. Refer to Exhibit 4. 10- 1, Preliminary WQMP Map. Thus, less than significant impacts would occur.

MITIGATION MEASURES
No mitigation measures are required.

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B. WOULD THE PROJECT SUBSTANTIALLY DECREASE GROUNDWATER SUPPLIES OR

INTERFERE SUBSTANTIALLY WITH GROUNDWATER RECHARGE SUCH THAT THE PROJECT MAY IMPEDED SUSTAINABLE GROUNDWATER MANAGEMENT OF THE BASIN?

LESS THAN SIGNIFICANT IMPACT
Upper Santa River Watershed Region
The water management agencies within the Upper Santa Ana River (SAR) Watershed Region (Region) have a long history of collaboration to deliver regional water resource solutions. They collaborate to collect and manage water resource data and prepare multiple planning documents to meet regulatory requirements while guiding effective regional and local decision -making. Two of the Region s foundational documents are the Upper Santa Ana River Watershed Integrated Regional Water Management Plan ( IRWMP) and the San Bernardino Valley Regional Urban Water Management Plan RUWMP). Since both documents were due to be updated for the 2020 planning cycle and considering the overlap and interdependence of these two documents, Valley District and its regional partners envisioned a consolidated document that combines these two plans, merges the common elements, and creates a cohesive water resources planning framework for the future. The IRUWMP includes: Part 1, Regional Context; Part 2, Local Agency Urban Water Management Plans; Part 3, Regional Supporting Information, and Part 4, Urban Water Management Plan Agency Supporting Information. The IRWRP was adopted by the San Bernardino Valley Municipal Water District on June 15, 2021.

Water Sources and Uses in the Region
The Region' s water sources include local groundwater, local surface water, imported surface water and recycled water. The local surface water is derived from the Santa Ana River and its tributaries and developed local supplies are either treated for domestic use or delivered for irrigation or groundwater recharge. Nearly all of the Regions groundwater is produced from seven distinct groundwater basins.

Five basins provide the majority of the groundwater supply to the region: San Bernardino Basin ( SBB), Rialto -Colton, Riverside -Arlington, Yucaipa and San Timoteo. Together, these five basins provide over 12 million acre-feet (AF) of available local storage for use in dry years. Recycled water is produced at several water resource recovery facilities in the region for irrigation, industrial use and groundwater recharge. A portion of the recycled water produced in the Region is discharged to the SAR and its tributaries to support habitat and meet downstream flow obligations. Imported water for most of the Region is provided by Valley District, who is a State Water Project (SWP) contractor. San Gorgonio Pass Water Agency, also a SWP contractor, and Western Municipal Water District, a member agency of Metropolitan Water District of Southern California, provide supplemental imported water to the portions of the Region within Riverside County.

The City of Highland relies on a combination of groundwater, surface water, and purchased or imported water to meet its water needs. Currently, the City relies on 82. 5 percent groundwater, 5. 4 percent surface water, and 12. 2 percent purchased or imported water.

East Valley Water District
East Valley Water District (EVWD or District) is a California Special District, established in 1954, that provides water and wastewater services. EVWD encompasses 30. 1 square miles along the foothills of the San Bernardino Mountains and serves the City of Highland, portions of the City and County of San Bernardino, along with the San Manuel Band of Mission Indians. EVWD is a retail public water supplier that meets the definition of an urban water supplier with over 21, 600 municipal water service connections in 2020.

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EVWD produces groundwater from the San Bernardino Basin ( SBB). There are 22 wells within EVWD' s water system, of which 15 wells are currently active and 7 are inactive. Per the Western -San Bernardino Judgement, EVWD is not limited in the amount of groundwater they can produce from SBB.

In 2018, EVWD and other local agencies voluntarily formed the SBB Groundwater Council to coordinate and implement groundwater management activities in the Bunker Hill Sub -Basin ( part of SBB) and achieve groundwater sustainability throughout the basin. The monitoring and management programs in place today enable EVWD to sustainably manage the groundwater basin.

Proposed Project
The proposed project would substantially increase impervious surfaces when compared to the existing vacant and undeveloped site conditions on the approximately 6. 77- acre site; however, the project site is an urbanized area of the City. This increase in impervious surfaces would not adversely impact sustainable groundwater basin management.

The proposed project would connect to the City' s water lines and is not anticipated to deplete groundwater supplies through the consumption of the water. The proposed 220 multi -family residential units would not substantially decrease groundwater supplies within the City of Highland or within the East Valley Water District ( EVWD), as additional residential growth was accounted for in The City of Highland General Plan and the East Valley Water District 2020 IRUWMP.

In conclusion, the proposed project would not substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the proposed project may impeded sustainable groundwater management of the basin. Thus, less than significant impacts would occur.

MITIGATION MEASURES
No mitigation measures are required.

C. WOULD THE PROJECT SUBSTANTIALLY ALTER THE EXISTING DRAINAGE PATTERN OF

THE SITE OR AREA, INCLUDING THROUGH THE ALTERATION OF THE COURSE OF STREAM OR RIVER, IN A MANNER WHICH WOULD:

1. RESULT IN SUBSTANTIAL EROSION OR SILTATION ON- OR OFF -SITE?

2. SUBSTANTIALLY INCREASE THE RATE OR AMOUNT OF SURFACE RUNOFF IN A MANNER WHICH WOULD RESULT IN FLOODING ON- OR OFF -SITE?

3. CREATE OR CONTRIBUTE RUNOFF WATER WHICH WOULD EXCEED THE CAPACITY

OF EXISTING OR PLANNED STORMWATER DRAINAGE SYSTEMS OR PROVIDE SUBSTANTIAL ADDITIONAL SOURCES OF POLLUTED RUNOFF?

LESS THAN SIGNIFICANT IMPACT
Hydrology - Existing Site Conditions
The existing site is approximately 6. 79 acres of undeveloped land. The site is barren with only slight vegetation. The site is hydrologic soil class A and infiltrates at a high rate. Preliminary infiltration testing was performed by Leighton & Associates and presented in the geotechnical investigation attached in Technical Appendix F1, Appendix G. Due to the City of Highland' s infiltration testing requirements, Draft I July2023 Environmental Analysis — 4- 83
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these values are preliminary and require a minimum factor of safety of 10. To comply with California Stormwater Quality Association ( CASQA) best performance recommendations of 2. 4 inches/ hour maximum), a factor of safety of 13. 3 was selected prior to final infiltration testing for the construction phase final hydrology report.

Presently, the site drains west to an on -site sump area before ponding on -site and releasing north to Elm Street at " Discharge V' Refer to Exhibit 4. 10- 2 Existing Storm Summary (H d rology Mati) for an illustration
of the existing drainage patterns. The peak flows and runoff volumes were determined from the Small Unit Area Hydrograph results. All calculations can be found in Technical Appendix F1, Appendices C- F.

Table 4. 10-4, Existing Storm Summary summarizes the data and results for the 10- year and 100- year storm event in the existing condition.

TABLE 4. 10- 4 EXISTING STORM SUMMARY
Drainage Area Acreage ( AC)
10- Year Flowrate
CFS
100- Year Flowrate
CFS
Discharge 1
A 6. 79 5. 32 11. 44
Off -Site 1. 91 2. 03 4. 18
Total 8.70 7. 35 15. 62
Source:

Leighton & Associates ( April 2023)
Notes:

AC = Acres; CFS = Cubic Feet Per Second
Hydrology - Proposed Site Conditions
The proposed development consists of the construction of two residential multi -family buildings.

Accompanying the buildings is the development of paved parking areas, drive aisles, car ports, concrete hardscape, retaining/ screen walls, and curbing. The remaining portion of the site would be residential landscaping.

There are two proposed underground infiltration areas. The majority of the site drains to the larger underground infiltration system on the west side of the site. The second underground infiltration area accepts the runoff from a small easterly portion of the site near Sterling Avenue.

Refer to Exhibit 4. 10- 3 Proposed Hydrology Map for an illustration of the existing drainage patterns.

Table 4. 10- 5, Proposed Storm Summary Pre -Detention summarizes the results for the 10- year and 100- year storm event in the proposed condition prior to mitigation.

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TABLE 4. 10- 5 PROPOSED STORM SUMMARY PRE - DETENTION
Drainage Area Acreage ( AC)
10- Year Flowrate
CFS
100- Year Flowrate
CFS
Discharge 1
A 6. 31 9. 20 15. 77
Total 6. 31 9. 20 15. 77
Discharge 2
B 0. 48 0. 99 1. 73
Total 0. 48 0. 99 1. 73
Source:

Leighton & Associates ( April 2023)
Notes:

AC = Acres; CFS = Cubic Feet Per Second
The proposed on -site storm drain system is designed to collect the runoff in the infiltration chambers and infiltrate the low flows and water quality design volume prior to utilizing a " bubble up" method to pond the high flows in the on -site gutters and low risk parking stall areas to an elevation above the existing street sections that would safely discharge the high flows to existing infrastructure. The infiltration chambers have been sized greater than the required water quality volume to further reduce the peak flows and necessary ponding for discharge of the 10- year and 100- year storm events.

For the specific drainage areas, runoff from Area A would drain to the west infiltration chambers and then pond to the surface and to the existing curb and gutter at Elm Street " Discharge V' Runoff from Area B would drain to the southeast infiltration chambers and then pond to the curb inlet at the southeast corner of the site to discharge into the curb and gutter at Sterling Avenue " Discharge 2." Table 4. 10- 6, Proposed Pond Summary provides the results for the 10- year and 100- year storm event in the proposed condition post -mitigation.

TABLE 4. 10- 6 PROPOSED PONDING SUMMARY
Maximum Discharge at
Drainage Area
Release
Ponding
Design Ponding Design Elevation
Elevation
Elevation
Elevation
CFS)
A 105. 50 105. 90 105. 84 3. 50
B 110. 80 111. 10 111. 03 1. 18
Source:

Leighton & Associates ( April 2023)
Notes:

CFS = Cubic Feet Per Second
Off -Site Area
Approximately 1. 91 acres of off -site area drainage is tributary to the proposed project. This land remains mostly undisturbed from the existing on -site conditions of barren landscape and highly infiltrating class A soil.

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The runoff from this off -site area surface flows to an off -site u-channel along the north property line and discharges through a parkway drain to Elm Street ( Discharge # 3). The peak flow and runoff volumes for the 10- year and 100- year storm events for the off -site area were determined from the Small Unit Area Hydrograph results. The capacity for the off -site u- channel to convey the 10- year and 100- year storm events and the capacity for a 4- inch opening parkway drain to discharge the storm events were analyzed using F1owMaster and included in Technical Appendix F1, Appendix F.

Table 4. 10- 7, Proposed Off -Site Summaru summarizes the off -site discharge and ponding summary for the 10- year and 100- year storm events.

TABLE 4.10- 7 PROPOSED OFF -SITE SUMMARY
Maximum
Maximum
Ponding in
Discharge at
Drainage Area Ponding in U- Parkway
Design Elevation
Channel ( FT)
Drain
CFS)
Discharge 3
Off -Site 0. 85 ( 85%) 0. 31 ( 94%) 4. 18
Source:

Leighton 8 Associates (April 2023)
Notes:

FT = Feet; CFS = Cubic Feet Per Second; % = Percent
Impact Conclusion
The proposed underground detention/infiltration system is sized to reduce the proposed 10-year and 100- year storm flowrates to below existing 10- year and 100- year peak flowrates, as well as infiltrate the Water Quality Management Plan treatment volume.

Proposed flows would discharge through surface runoff to the existing curb and gutter improvements at a peak of 3. 50 CFS in Elm Street and 1. 18 CFS to Sterling Avenue. Off -site surface runoff tributary to the site in the existing condition would be routed directly to Elm Street using an appropriately sized uchannel and parkway drain.

Due to the proposed development reducing peak flows to below the existing condition and the aboveground ponding below existing and proposed curb height for the 10- year and 100- year events, the proposed development would not pose any flood dangers to any downstream or upstream drainage facilities and properties. Thus, less than significant hydrology impacts would occur.

MITIGATION MEASURES
No mitigation measures are required.

4. IMPEDE OR REDIRECT FLOOD FLOWS?

LESS THAN SIGNIFICANT IMPACT
The project site is currently vacant and undeveloped, but is surrounded by residential, commercial, church, and school uses to the north, south, east, and west. Existing storm water infrastructure supports these uses. Sterling Avenue, which is adjacent to the site' s southern boundary, is paved with curbs and gutters.

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Implementation of the proposed project includes 220 multi -family residential units and infrastructure to support the development, which would change the site' s drainage characteristics. However, infrastructure exists off -site and the post -project, storm water runoff would continue to be conveyed and discharged off -site into the local stormwater infrastructure. Additionally, construction of the proposed project would be restricted to the site boundary. As such, implementation of the proposed project would not lead to on -site or off -site siltation or erosion impeding or redirecting flood flow. Thus, less than significant impacts would occur.

MITIGATION MEASURES
No mitigation measures are required.

D. WOULD THE PROJECT IN FLOOD HAZARD, TSUNAMI, OR SEICHE ZONES, RISK RELEASE OF POLLUTANTS DUE TO PROJECT INUNDATION?

LESS THAN SIGNIFICANT IMPACT
Flood Hazards
Flood hazard areas identified on the Flood Insurance Rate Map (FIRM) are identified as a Special Flood Hazard Area ( SFHA). A SFHA is defined as the area that would be inundated by the flood event having a 1- percent chance of being equaled or exceeded in any given year. The 1- percent annual chance flood is also referred to as the base flood or 100- year flood.

SFHAs are labeled as Zone A, Zone AO, Zone AH, Zones Al-A30, Zone AE, Zone A99, Zone AR, Zone AR/AE, Zone AR/AO, Zone AR/A1- A30, Zone AR/A, Zone V, Zone VE, and Zones V1- V30. Moderate flood hazard areas, labeled Zone B or Zone X ( shaded) are also shown on the FIRM, and are the areas between the limits of the base flood and the 0. 2- percent- annual- chance ( or 500- year) flood. The areas of minimal flood hazard, which are the areas outside the SFHA and higher than the elevation of the 0.2- percent- annual- chance flood, are labeled Zone C or Zone X ( unshaded).

Per Federal Emergency Management Agency ( FEMA) Flood Insurance Rate Map (FIRM), Community Panel No. 06071C8701J, dated September 2, 2016, the project site lies within Flood Zone X. Flood Zone X shaded) is described as areas of 0. 2 percent annual chance flood; areas of 1. 0 percent annual chance with average depths of less than one foot or within drainage areas less than one square mile; and within Flood Zone X ( no screen) area of minimal flooding hazard.

The project site could be subject to minimal site flooding, but site improvements would comply with all City and County requirements and would remove any flood hazard potential to future development associated with the proposed project. Thus, less than significant impacts would occur.

Dam Failure
There is one dam located outside of the City of the Highland ( Seven Oaks Dam) that poses a risk should the dam fail.

Dam failure at full capacity is a potential hazard for most of Highland. Exhibit 4. 10- 4 Flood Hazards shows the limits of flooded areas with failure of the Seven Oaks Dam. In such a case, water could extend as far north as Pacific Street in some locations. All southern exits from Highland could be impassable during a major inundation event.

Seven Oaks Dam is a single purpose flood control project located just outside Highland' s northeast boundary in an unincorporated area of San Bernardino County. The dam is a major feature of the Santa Ana River Mainstem Project designed to protect Orange, Riverside, and San Bernardino Counties from Draft I July 2023 Environmental Analysis — 4- 87
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flood. The dam is able to resist an earthquake measuring 8. 0 on the Richter scale with any point able to sustain a displacement of four feet without causing any overall structural damage.

In the event of dam failure, the Big Bear Dam has the potential to flood eastern portions of Highland.

The Big Bear Dam is a water conservation reservoir owned by the Big Bear Municipal Water District.

The Seven Oaks Dam is northeast of the project site. Per Figure 6. 5, the project site is located with the Limit of Flooded Area with Dam Failure/ 500- Year Flood Boundary, but not within the Special Flood Hazard Areas Inundated by 100- Year Flood. Thus, the proposed project would not be subject to flooding due to dam inundation. Thus, less than significant impacts would occur.

Seiche
A seiche is a periodic oscillation of a body of water resulting from seismic shaking or other causes that can cause flooding. The General Plan Public Health and Safety Element states that an earthquake -induced seiche associated with dam failure at Seven Oaks Dam is considered a risk in the City of Highland. As noted in the dam failure section above, the proposed project would not be subject to flooding due to dam inundation. Thus, less than significant impacts would occur.

Tsunami
The project site is located inland approximately 75 miles east of the Pacific Ocean (Santa Monica Bay).

Due to the City of Highland' s inland location, the potential for a tsunami to impact the City is considered to be low. Thus, no impacts would occur.

Mudflow
Mudflows tend to flow in channels, but can spread out over a floodplain, and generally occur in places where they have occurred before. Debris flows could originate off -site and pass through the project site.

The project site has not been subject to mudflows in the recent past, and the construction of residential uses on -site would not result in a change in the potential for mudflow impacts over existing conditions.

Thus, less than significant impacts would occur.

Impact Conclusion
The impacts with regards to flooding, seiches, dam inundation, and mudflow would be less than significant, and no impacts with regard to tsunamis.

MITIGATION MEASURES
No mitigation measures are required.

E. WOULD THE PROJECT CONFLICT WITH OR OBSTRUCT IMPLEMENTATION OF A WATER QUALITY CONTROL PLAN OR SUSTAINABLE GROUNDWATER MANAGEMENT PLAN?

LESS THAN SIGNIFICANT IMPACT
Refer to Response 4. 10. 13.

MITIGATION MEASURES
No mitigation measures are required.

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CUMULATIVE IMPACTS
Buildout of the proposed project, in combination with present and reasonably foreseeable future development that would occur within the watershed, would involve construction activities, new development from which runoff would discharge into waterways, potential increased in storm water runoff from new impervious surfaces, and a potential reduction in groundwater recharge areas.

Construction of new development within the watershed could result in the erosion of soil, thereby cumulatively impacting water quality within the watershed. In addition, the increase in impermeable surfaces and more intensive land uses within the watershed resulting from future development may also adversely affect water quality by increasing the amount of storm water runoff and common urban contaminants entering the storm drain system. However, new development would be required to comply with existing regulations regarding construction and operational practices that minimize risks of erosion and runoff. Compliance with requirements would minimize degradation of water quality at individual construction sites. Thus, less than significant cumulative impacts would occur.

Draft I July 2023 Environmental Analysis — 4- 89
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4. 11. LAND USE AND PLANNING
Less Than
Significant
Potentially Impact With Less Than
Significant Mitigation Significant No
Would the project: Impact Incorporated Impact Impact
a. Physically divide an established community?
b. Cause a significant environmental impact due to a conflict with any applicable land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect?
Sources Cited in Section 4. 11
City of Highland, The City of Highland General Plan, March 2006 City of Highland, Highland Municipal Code, Code of Ordinances Codified through Ordinance No. 3274, August 2019 Supplement
A. WOULD THE PROJECT PHYSICALLY DIVIDE AN ESTABLISHED COMMUNITY?

NO IMPACT
The 6.77 acre project site is vacant and undeveloped. Surrounding uses include single-family residential, multi -family residential, school, and commercial uses.

The project site is surrounded by the following uses:

North: Immediately north of the project site is the Isdaofie Church, Sterling Christian School, and single- family residences. Single- family and multi -family residences are located north of the aforementioned uses.

West. West of the project site is a residential area with a mix of single-family and multi -family residences.

South: Immediately south of the project site are single- family residences and a commercial center.

These uses are located to the north of 9th Avenue, which is classified as a Primary Arterial.

An auto repair business, a church, tire shop, and single- family residences are located to the south of 91h Avenue, west of Sterling Avenue, which is classified as a Major Highway.

East. East of the project site is the Warm Springs Elementary School and single- family residences on Sterling Avenue, which is classified as a Major Highway.

The proposed project would be located on a site in an urbanized area, consistent with the existing on -site and surrounding established land use patterns. Thus, no impacts would occur.

MITIGATION MEASURES
No mitigation measures are required.

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B. WOULD THE PROJECT CAUSE A SIGNIFICANT ENVIRONMENTAL IMPACT DUE TO A

CONFLICT WITH ANY APPLICABLE LAND USE PLAN, POLICY, OR REGULATION ADOPTED FOR THE PURPOSE OF AVOIDING OR MITIGATING AN ENVIRONMENTAL EFFECT?

LESS THAN SIGNIFICANT IMPACT
The proposed project involves the construction of 220 multi -family residential units on the 6. 77- acre approximately 274, 951 square feet) project site. Access to the project site would be from two gated entries on Sterling Avenue. An emergency access gate will be provided on the northern boundary of the site at the southern terminus of Elm Street.

Density Bonus
The Applicant is seeking an Affordable Housing/ Inclusionary Housing Agreement with the City. The Agreement will be consistent with California Density Bonus Law. The project' s base density is 204 units and 11 units are very low income units, representing a total of five percent ( 5%).

City Review
The proposed project would be subject to the City design review, staff review, and tentative tract map review processes.

General Plan and Zoning
General Plan
The project site has a General Plan land use designation of Planned Community ( PC) with Residential High Density Special Overlay, which permits up to 30 units per gross acre.

Zoning
The project site has a Zoning designation of R- 4 Multi -Family Residential (MF), which permits up to 30 units per gross acre. The primary purpose of the R-4 District is to provide for the development, by right, of multi -family attached residential dwelling units with enhanced amenities (common open space and recreation areas. Both the 2014-2021 Housing Element and the 2021- 2029 Housing Element include the proposed project' s three parcels and identify them as lower income sites. In addition, the project site is located within Airport Compatibility Zone E - Airport Influence Zone - Negligible Risk.

Zoning Code
The proposed project is subject to Highland Municipal Code Title 16, Land Use and Development.

Title 16, Section 16. 04. 080, Zoning District. The City has been divided into districts in order to provide a uniform basis for regulating the use of land, buildings and structures, and to establish minimum site development regulations and performance standards applicable to sites within the City. The project site is located within Multiple -Family ( R- 4) District.

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Municipal Code Chapter 16. 16, Residential Districts, Section 16. 16. 020 Residential development districts defines the Multifamily (R-4) District below:

The primary purpose of the R- 4 District is to provide for the development, by right, of multifamily attached residential dwelling units with enhanced amenities ( common open space and recreation areas) at a minimum density of 20 DUs per gross acre and a maximum density of30 DUs per gross acre.

The site -specific development standards for the proposed project are shown in Table 4. 11- 1, Development Standards.

Impact Conclusion
As shown in Table 4. 11- 1, the proposed project complies with the applicable development standards.

In addition, the proposed 220 multi -family units are compatible with adjacent church, private school, and single- family residences to the north; single- and multi -family uses to the west; single-family and commercial uses to the south; and an elementary school and single-family residences to the east. Thus, less than significant impacts would occur.

MITIGATION MEASURES
No mitigation measures are required.

CUMULATIVE IMPACTS
Implementation of the proposed project is consistent with the objectives and anticipated growth of The City of Highland General Plan. The Initial Study finds that all potential environmental impacts of the proposed project would either be less than significant or can be mitigated to less than significant. City growth would be subject to review for consistency with adopted land use plans and policies by the City, in accordance with the requirements of CEQA, the State Zoning and Planning Law, and the State Subdivision Map Act, all of which require findings of plan and policy consistency prior to approval of entitlements for development. Therefore, less than significant cumulative impacts associated with plans and policies would occur.

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TABLE 4. 11- 1 DEVELOPMENT STANDARDS
Complies with
Development Regulation
Highland Municipal
Standard Proposed Project Development
Code Citation Regulation
Street ( Front) Setback Table 16. 16. 040.E
0 feet
for 2- story building
0 feet Yes
Yes with Affordable
Maximum Density Table 16. 16. 040. E
Minimum 20

32. 5 DU/ AC Housing/ Inclusionary
DUs per gross acre) Maximum 30
Housing Agreement
Minimum Building Site Table 16. 16. 040. E 1 Acre 294, 901 SF Yes Net Area In SF)
Minimum Front Yard Setback Table 16. 16. 040. E 25 Feet9 31 Feet Yes Minimum Interior Side Yard
Table 16. 16. 040. B 15 Feet 62 Feet Yes
Setbackh
Minimum Street Side Yard
Table 16. 16. 040. E 15 Feet9 57 Feet Yes
Setbackh
Minimum Rear Yard Setback Table 16. 16. 040. E 15 Feet 55 Feet Yes Maximum Lot Coverage Table 16. 16. 040. E None 27. 45% Yes Maximum Height For Buildings And
Table 16. 16. 040. E
55 Feet 53 Feet
Yes
Structures 4 stories and loft) 4 Stories)
Studio: 425 SF Studio: 445 SF
Minimum Dwelling Unit Size In Table 16. 16. 040. E
1 bedroom: 650 SF 1 Bedroom: 705 SF
Yes
Square FeeN 2 or more bedroom: 2 Bedroom: 975 SF
800 SF 3 Bedroom: 1, 109 SF
Storage Section 16. 16. 040. C. 3
200 CIF per unit 200 CF per unit Yes
minimum
150 SF per unit 150 SF per unit
Private Open Space
Section Ground Floor) Ground Floor)
Yes*

16. 16. 040. E. 4. d 100 SF per unit 60 SF per unit ( Upper Upper Floors Floors)*
Public Open Space
Section

16. 16.040. E. 3. c. i
30% of Site Area 9% of Site Area* Yes*
Source: Highland Municipal Code Chapter 16. 16, Residential Districts, Section 16. 16.020 Notes: *= Public Open Space per Density Bonus Incentive Highland Municipal Code Table 16. 16.040.E Notes
c. Width measurements for cul- de- sac or otherwise odd - shaped lots shall be determined on the basis of the average horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines. h. Except for development in the Corridor Residential ( R- 2C) District and East Highland Village ( EHV) District, a minimum 10- foot setback shall be maintained for all two- story or greater elements. Side yards must have a minimum flat area of five feet in width. Rear yard must be flat and usable. Wherever R- 4 units abut properties designated R- 1 District, a landscaped setback equal to the R-4 building height shall be required to a maximum of 25 feet or lesser amount as determined by the planning commission and shall be designed in a manner to reduce the mass of the buildings adjacent to property in the R- 1 District. Refer to HMC

16. 16. 040( E) for additional provisions within the Multifamily ( R-4) District. i. A minimum of 15 feet of flat, usable area shall be provided. However, for development in the Corridor Residential ( R- 2C) District and East Highland Village ( EHV) District, a minimum of 10 feet of flat, usable area shall be provided. Rear yards in excess of the minimum required may be sloping and shall comply with the provisions of the California Building Code and normally accepted grading practices.

1. One -bedroom units shall be a minimum of 800 square feet.

Two -bedroom units shall be a minimum of 1, 000 square feet.

Three - bedroom units shall be a minimum of 1, 200 square feet.

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4. 12. MINERAL RESOURCES
Less Than
Significant
Potentially Impact With Less Than
Significant Mitigation Significant No
Would theproject: Impact Incorporated Impact Impact
a. Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state?
b. Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land useplan? Sources Cited in Section 4. 12
City of Highland, The City of Highland General Plan, March 2006 A. WOULD THE PROJECT RESULT IN THE LOSS OF AVAILABILITY OF A KNOWN MINERAL

RESOURCE THAT WOULD BE OF VALUE TO THE REGION AND THE RESIDENTS OF THE STATE?

NO IMPACT
The City of Highland, due to its large washes and stream channels, contains regionally significant construction aggregate and mineral resources. The primary minerals found in the area are iron, decorative rocks, clay, limestone, sand and gravel. From a planning perspective, the City overlies areas identified as Mineral Resource Zones ( MRZs, Categories 1- 3). Category 1 areas contain no significant aggregate deposits. Category 2 indicates that significant deposits are likely to be present. Category 3 represents areas whose significance cannot be evaluated from available data.

More than one-half of the City is underlain by MRZ- 2 rated mineral resources, with most of the remaining categorized as MRZ- 3. As identified in the Highland General Plan Conservation Element Table

5. 1: Mineral Resources Zones, most of the MRZ zones exist in areas that have already been developed, and identified approximately 4, 439 acres that had not been developed.

According to the Highland General Plan Conservation Element Figure 5- 3, Mineral Resources Zones, the project site is located within an area designated a Mineral Resource Zone 2 ( MRZ- 2). However, the proposed project would be located in area with existing development to the north, east, west, and south.

As such, the proposed project would not preclude the mining of mineral resources located elsewhere within the City. Thus, no impact to the loss of availability of a known mineral resource would occur.

MITIGATION MEASURES
No mitigation measures are required.

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B. WOULD THE PROJECT RESULT IN THE LOSS OF AVAILABILITY OF A LOCALLY -IMPORTANT

MINERAL RESOURCE RECOVERY SITE DELINEATED ON A LOCAL GENERAL PLAN, SPECIFIC PLAN OR OTHER LAND USE PLAN?

NO IMPACT
The Highland General Plan Conservation Element does not identify the project site as an important mineral resource recovery site. Thus, no impacts would occur.

MITIGATION MEASURES
No mitigation measures are required.

CUMULATIVE IMPACTS
The analysis of potential impacts indicated that no impacts would result from the proposed project.

Thus, no cumulative impacts related to mineral resources would occur.

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4. 13. NOISE
Less Than
Significant
Potentially Impact With Less Than
Significant Mitigation Significant No
Would the project result in: Impact Incorporated Impact Impact a. Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b. Generation of excessive groundborne vibration or groundborne noise levels? c. For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels?
Sources Cited in Section 4. 13
City of Highland, The City ofHighland General Plan Noise Element, March 2006 City of Highland, Highland Municipal Code, Title 8, Health and Safety, Chapter 8. 50, Noise Control City of Highland, Highland Municipal Code Title 15, Buildings and Construction, Chapter 15. 48, Hours of Operation for Construction Activities
Federal Department of Transportation, National Transportation Noise Map ( dot. gov), accessed June 12, 2023
San Bernardino International Airport Authority, Airport Layout Narrative Report, September 22, 2010 MAT Engineering, Inc., Halcyon Residential Project Noise Impact Analysis, City ofHighland, June 28, 2023 refer to Technical Appendix G)
Regulatory Framework
The City of Highland outlines noise regulations and standards within the Highland General Plan Noise Element and Highland Municipal Code Chapter 8. 50. For purposes of this analysis, the Highland General Plan Noise Element is used to evaluate the proposed project' s noise/ land use compatibility and ensure the proposed project is consistent with the established plans, policies and programs for noise control within the City. The Highland Municipal Code Chapter 8. 50 identifies the stationary and construction noise regulations within the City, which are provided below.

Noise/ Land Use Compatibility
Highland Municipal Code
The Highland Municipal Code sets forth the City' s standards, guidelines and procedures concerning the regulation of noise use. Specifically, the Code includes Title 8, Health and Safety, which includes a chapter on noise control, and Title 16, Land Use and Development. Title 8 directly regulates noise while Title 16 lays out land use standards that indirectly regulate noise -generating and sensitive land uses.

These regulations are intended to implement the goals, objectives and policies of the General Plan; protect property values and the health and general well-being of the public; and ensure that any negative effects of noise are minimized or completely avoided.

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The Highland General Plan Noise Element establishes planning criteria for determining a development' s noise/ land use compatibility based on the community noise equivalent level ( CNEL). CNEL is defined as the average equivalent A -weighted sound level during a 24- hour day, obtained after the addition of five decibels to sound levels in the evening from 7:00 pm to 10: 00 pm and after addition of 10 decibels to sound levels in the night from 10: 00 pm. to 7: 00 am.

CNEL noise levels are typically used to evaluate off -site noise impacts to a new development, such as mobile source impacts from roadways, airports, and rail lines. The City categorizes land uses into designated noise zones to assign appropriate interior and exterior noise standards. The interior and exterior noise standards are identified in Table 4. 13- 1 and Table 4. 13- 2, respectively.

TABLE 4. 13- 1 CITY OF HIGHLAND INTERIOR NOISE STANDARDS Type of Land Use CNEL ( dBA)
Residential 45
Educational/ Churches, Other Institutional Uses 45
General Offices 50
Retail Stores, Restaurants 55
Manufacturing, Warehousing 65
Agricultural 55
Sand and Gravel Operations 75
Sources:

The City of Highland General Plan Noise, Element Table 7. 1, City of Highland Interior Noise Standards Highland Municipal Code Chapter 8. 50, Noise Control
TABLE 4. 13- 2 CITY OF HIGHLAND EXTERIOR NOISE STANDARDS Type of Land Use Time Interval CNEL ( dBA)
Residential
10: 00 pm - 7: 00 am 45
7: 00 am - 10: 00 pm 60
Agricultural/ Equestrian
10: 00 pm - 7: 00 am 60
7: 00 am - 10: 00 pm 65
Commercial
10: 00 pm - 7: 00 am 65
7: 00 am - 10: 00 pm 70
Manufacturing or Industrial Any Time 75
Open Space Any Time 75
Sources:

The City of Highland General Plan Noise, Element Table 7. 2, City of Highland Exterior Noise Standards Highland Municipal Code Chapter 8. 50, Noise Control
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A significant impact may occur: 1) if a project would generate excess noise that would cause the ambient noise environment at the project site to exceed noise level standards ( Leq) set forth in the Highland Municipal Code Chapter 8. 50, Noise Control, or 2) a project is subjected to an existing ambient noise environment that exceed the noise level standards ( CNEL) set for in the Highland General Plan Noise Element.

Construction Noise Regulation
Per Highland Municipal Code Title 8, Health and Safety, Chapter 8. 50, Noise Control, Section 8. 50. 060 Exemptions), noise associated with " construction, repair, or excavation work performed pursuant to a valid written agreement with the city or any of its political subdivisions, which agreement provides for noise mitigation measures," is exempt. Because the proposed project does not include a Development Agreement or other agreement with the City or any of its political subdivisions, it is not exempt from performing a construction noise analysis and providing adequate mitigation measures.

Highland Municipal Code Chapter 8. 50, Noise Control, Section 8. 50.050, Controlled Hours of Operation exempts construction noise from the provisions provided it follows certain special provisions, as described below.

It shall be unlawfulfor any person to engage in the following activities at a time other than between the hours of 5: 00 a. m. and 10: 00 p.m. on any day in the industrial (I) zone, and between the hours of 7:00 a. m. and 10: 00 p. m. on any day in all other zones:

A. Operate or permit the use of powered model vehicles and planes.

B. Load or unload any vehicle, or operate or permit the use of dollies, carts, forklifts, or other wheeled equipment that causes any impulsive sound, raucous or unnecessary noise within 1, 000 feet of a residence.

C. Operate or permit the use of domestic power tools, machinery, or any other equipment or tool in any garage, workshop, house or any other structure.

D. Operate or permit the use of gasoline or electric -powered leaf blowers such as commonly used by gardeners and other persons for cleaning lawns, yards, driveways, gutters and other property.

E. Operate or permit the use of privately operated street/parking lot sweepers or vacuums, except that emergency work and/ or work necessitated by unusual conditions may be performed with the written consent of the code enforcement officer.

F. Operate or permit the use of electrically operated compressor( s), fan( s) and other similar device( s).

G. Operate or permit the use ofpile driver(s), steam or gasoline shovel( s), pneumatic hammer(s), steam or electric hoist( s) or other similar device( s).

H. Perform ground maintenance on golf course grounds and tennis courts contiguous to golf courses that creates a noise disturbance across a residential or commercial property line.

Operate or permit the use of any motor vehicle with a gross vehicle weight rating in excess of 10, 000 pounds, or of any auxiliary equipment attached to such a vehicle, including but not limited to refrigerated truck compressors, for a period longer than 15 minutes in any hour while the vehicle is stationary and on a public right-of-way or public space, except when movement of said vehicle is restricted by other traffic.

J. Repair, rebuild, reconstruct or dismantle any motor vehicle or other mechanical equipment or device( s) in a manner so as to be plainly audible across property lines.

K. Load, unload, open, close or otherwise handle garbage cans, recycling bins or other similar objects between the hours of 10:00 p. m. and 7:00 a. m. the following morning, except city -permitted trash collection.

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Highland Municipal Code Title 15, Buildings and Construction, Chapter 15. 48, Hours of Operation for Construction Activities, Section 15. 48. 030 prohibits construction activities to commence any earlier than one- half hour before sunrise or to terminate no later than one- half hour after sunset Monday through Sunday.

A. WOULD THE PROJECT RESULT IN GENERATION OF A SUBSTANTIAL TEMPORARY OR

PERMANENT INCREASE IN AMBIENT NOISE LEVELS IN THE VICINITY OF THE PROJECT IN

EXCESS OF STANDARDS ESTABLISHED IN THE LOCAL GENERAL PLAN OR NOISE ORDINANCE, OR APPLICABLE STANDARDS OF OTHER AGENCIES?

LESS THAN SIGNIFICANT IMPACT WITH MITIGATION INCORPORATED Existing Noise Levels
To ascertain the existing noise at the project site, field monitoring was conducted on June 15, 2023. The field survey noted that noise within the proposed project area is generally characterized by traffic noise propagating from Sterling Avenue and 9th Street.

Measurement Locations
The noise monitoring locations were selected in order to obtain noise measurements of the current noise sources impacting the vicinity of the project site and the surroundings to provide a baseline for the existing noise levels.

Noise Measurements
The noise measurements were taken at four locations surrounding the project site near the existing noise sensitive receptors; refer to Exhibit. The results of the noise level measurements are provided below in Table 4. 13- 3, Noise Measurement Results.

Meteorological conditions consisted of clear skies, mild temperatures, with light wind speeds ( 3 miles per hour), and low humidity. Measured daytime noise levels ranged from 51. 0 to 65. 5 dBA Leg. The results of the field measurements are included in Technical Appendix G, Appendix A.

Noise Measurement Results
The results of the noise measurements are presented in Table 4. 13- 3. Noise measurement data indicates that the existing site and surrounding area experience daytime noise levels ranging from approximately

51. 0 dBA Leq along the northern property line to approximately 60. 4 to 65. 5 dBA Leq in front of properties on Golondria Drive, 9th Street, and Sterling Avenue.

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TABLE 4. 13- 3 NOISE MEASUREMENT RESULTS
Site
Number
Location Time Leq
dBA)
Lmin
dBA)
Lmax
dBA)
1 On Elm Street, along the northwestern project boundary 11: 12 AM 51. 0 40. 4 73. 8 2 In front of 7543 Golondrina Drive residence 11: 33 AM 60. 4 50. 8 88. 2 3 In front of 25590 911 Street 11: 47 AM 65. 5 41. 7 79. 7 4 In front of 7520 Sterling Avenue 12: 08 PM 63. 9 42. 0 79. 0 Source:

MAT Engineering, Inc. ( June 2023)
Notes:

1. Noise measurements conducted for 10 minute intervals.

Construction Noise and Vibration
Temporary construction noise and vibration impacts have been assessed from the project site to the surrounding adjacent land uses. The degree of construction noise would vary depending on the type of construction activity taking place and the location of the activity relative to the surrounding properties.

The proposed project is required to comply with the Highland Municipal Code Section 15.90.050, which exempts construction noise from the provisions of the Noise Control Ordinance, provided it follows the special provisions described below:

Noise sources associated with construction, repair, remodeling, or grading of any real property shall be exempt from the noise level standards specified by Municipal Code Noise Standards and Regulations, provided they take place between the hours of 7 a. m. and 8 p. m. on any day except Sunday or a City -recognized holiday." Although construction activity is exempt from the noise standards in the Highland Municipal Code, CEQA requires that potential noise impacts still be evaluated for significance. For purposes of this analysis, the Federal Transit Administration ( FTA) Transit Noise and Vibration Impact Assessment ( 2006) criteria would be used. The FTA provides reasonable criteria for assessing construction noise impacts based on the potential for adverse community reaction. For residential uses, the daytime noise threshold is 80 dBA Leq for an 8- hour period. In compliance with the Highland Municipal Code, it is assumed construction would not occur during the noise -sensitive nighttime hours.

Typical Construction Noise Levels
Typical construction noise levels are used to estimate potential project construction noise levels at the adjacent sensitive receptors. Construction activities generally are temporary and have a short duration, resulting in periodic increases in the ambient noise environment. Construction activities for the proposed project would occur over approximately six months and would include the following phases:
demolition, grading, building construction, paving, and architectural coating.

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Ground -borne noise and other types of construction -related noise impacts typically occur during the initial demolition and grading phase. This phase of construction has the potential to create the highest levels of noise.

Typical noise levels generated by construction equipment are shown in Table 4, 13- 4, Typical Maximum Construction Noise Levels. It should be noted that the noise levels identified in Table 4. 13- 4 are maximum sound levels ( Lmax), which are the highest individual sound occurring at an individual time period.

Operating cycles for these types of construction equipment may involve one or two minutes of full power operation followed by three to four minutes at lower power settings. Other primary sources of acoustical disturbance would be due to random incidents, which would last less than one minute ( such as dropping large pieces of equipment or the hydraulic movement of machinery lifts).

TABLE 4.13- 4 TYPICAL MAXIMUM CONSTRUCTION NOISE LEVELS

TYPE OF EQUIPMENT

ACOUSTICAL

USE FACTOR'
LMAX AT 50 FEET
DBA) 2
LMAX AT 10 FEET
DBA)
LMAX AT 85 FEET
DBA)
Backhoe 40 78 92 73
Compressor 40 78 92 68
Concrete Saw 20 90 104 85
Dozer 40 82 96 77
Dump Truck 40 76 90 71
Excavator 40 81 95 76
Flatbed Truck 40 74 88 69
Grader 40 85 99 80
Loader 40 79 93 74
Paver 50 77 91 72
Roller 20 80 94 75
Scraper 40 85 99 80
Tractor 40 84 98 79
Water Truck 40 80 89 70
Welder 40 74 88 69
Sources:

Federal Highway Administration, Roadway Construction Noise Model ( FHWA- HEP-05- 054), January 2006.

MAT Engineering, Inc. ( June 2023)
Notes.
1, Acoustical Use Factor (percent): Estimates the fraction of time each piece of construction equipment is operating at full power (i. e., its loudest condition) during a construction operation.

2. These noise levels represent the A -weighted maximum sound level ( Lmax) measured at a distance of 50 feet from the construction equipment.

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Project Construction Noise
Potential noise impacts were analyzed for all expected phases of construction, including; site preparation, grading, building construction, paving, and architectural coating. As shown in Table 4. 13- 4, the highest noise levels from construction are predicted to range from approximately 88 dBA Lmax to 104 dBA Lmax at the nearest receivers at 10 feet.

The nearest sensitive receptor, Warm Springs Elementary School, is located approximately 85 feet from the proposed project' s eastern property line. The maximum noise levels associated with proposed project construction would range from approximately 69 dBA Lmax to 85 dBA Lmax at the school.

These maximum noise levels are considered to be a peak exposure, applicable to not more than 10 to 15 percent of the total construction period, only while the construction activity is taking place along the property boundary closest to the nearest off -site receivers.

The City does not have established numerical noise standards for construction noise if the construction activities occur within the allowable hours specified by the Municipal Code. However, the proposed project would be required to adhere to The City of Highland General Plan limitations on construction noise through restrictions on allowable construction hours ( Noise Element Goal 7. 3, Action 1):

As a condition of approval, limit non -emergency construction activities adjacent to existing noise -sensitive uses to daylight hours between 7: 00 a. m. and 6: 00 p. m. Discourage construction on weekends or holidays except in the case of construction proximate to schools where these operations could disturb the classroom environment." Construction Best Management Practices
In order to further reduce construction noise levels, prior to the issuance of grading permits, the project applicant or their designee would develop and submit to the City a Construction Noise Reduction Plan to minimize construction noise at nearby noise sensitive receptors. The Best Management Practices BMPs) are included in Mitigation Measures N- 1. Thus, with the implementation of N- 1 and N- 2, proposed project construction impacts would be less than significant with mitigation incorporated.

Construction Impact Conclusion
The proposed project would implement Mitigation Measures N- 1 and N- 2 to reduce construction noise impacts to the surrounding sensitive land uses. Thus, construction impacts would be less than significant with mitigation incorporated.

Operational Noise
The main source of operational noise from the proposed project that could impact adjacent residential uses includes noise from trash truck/ delivery activity, parking lot and HVAC equipment.

Mechanical Equipment Noise
Implementation of the proposed project would result in changes to existing noise levels on and around the project site by developing new stationary sources of noise, including the use outdoor HVAC equipment. These sources may affect noise -sensitive land uses in the vicinity of the project site. As part of the proposed project, a minimum six-foot noise barrier wall would be constructed.

On -site operational noise is generally evaluated only for commercial and industrial projects.

Quantitative analysis of on -site operational noise is typically not conducted for residential projects as Draft I July 2023 Environmental Analysis — 4- 107
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they usually do not include stationary noise sources that could result in substantial increases in ambient noise levels resulting in violation of established standards.

HVAC equipment typically result in noise levels that averages 66 dBA at 3 feet from the source.' The nearest HVAC unit would be located approximately 55 feet from the nearest noise sensitive receptor to the west. At this distance of 55 feet, HVAC noise would attenuate to 41 dBA. Therefore, HVAC noise levels would not exceed the City' s exterior noise standards for residential uses during daytime (55 dBA) and nighttime standards(45 dBA). The proposed project would not impact the nearby sensitive receptors from HVAC units. Thus, less than significant HVAC equipment impacts would occur.

Parking Lot Noise
Traffic associated with parking lots is typically not of sufficient volume to exceed community noise standards, which are based on a time -averaged scale such as the CNEL scale. However, the instantaneous maximum sound levels generated by a car door slamming, engine starting up, and car pass- bys may be an annoyance to adjacent noise -sensitive receptors. Estimates of the maximum noise levels associated with typical parking lot activities are presented in Table 4. 13- 5, Typical Noise Levels Generated b Parking Lots.

TABLE 4.13- 5 TYPICAL NOISE LEVELS GENERATED BY PARKING LOTS MAXIMUM NOISE LEVELS AT 50 FEET

NOISE SOURCE

FROM SOURCE
Car Door Slamming 63 dBA Leq
Car Starting 60 dBA Leq
Car Idling 53 dBA Leq
Sources:

MAT Engineering, Inc., ( June 2023)
Kariel, H. G., Noise in Rural Recreational Environments, Canadian Acoustics 19( 5), 3- 10, 1991 The proposed project provides 403 parking spaces throughout the project site. The nearest sensitive receptor would be located immediately adjacent to the proposed parking areas to the north, south, and west. As shown in Table 4. 13- 5, parking lot noise levels could range between 53 dBA and 63 dBA at 50 feet. However, the proposed project would construct a six foot noise barrier wall surrounding the project site, which would shield the parking lot noise from the adjacent sensitive land uses.

Highland City CouncilOctober 10, 2023

Highland City Council
October 10, 2023