Highland City Council
March 12, 2024

STAFF REPORT
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F. HJ-' TO THE CITY COUNCIL
DATE: March 12, 2024
FROM: Chuck Dantuono, Interim City Manager
REVIEWED BY: Lawrence A. Mainez, Community Development Director PREPARED BY: Kim Stater, Assistant Community Development Director SUBJECT: Request for an Extension of Time for Tentative Parcel Map 19958, Tentative Tract Map 20090, the East Highlands Ranch Planned Unit Development ( EHR PUD) Development Agreement, and Impact Fees Development Agreement, and make a finding that no further environmental review is required pursuant to CEQA Guidelines Section 15162 related to the Blossom Trails 137- unit single-family residential subdivision on 25. 5 acres generally located at the southwest corner of Greenspot Road and Church Street.

SB 1439 Campaign Contributions and Conflicts of Interest - Government Code Section 84308 is applicable)
LOCATION: The project is located on the south side of Greenspot Road, west of Church Street, east of Blossom Way, and north of Plunge Creek. It is within Planning Areas 40 and 42 ( PA 40/ 42) of the East Highlands Ranch PUD. Assessor Parcel Numbers: 1201- 401- 02 and 1201- 431- 61 PROPERTY OWNER: S- P Deerfield, LLC, Representative for East Highlands Ranch PUD REPRESENTATIVE: Camille Bahri
RECOMMENDATION: The Planning Commission recommends the City Council:

Approved Motion
Denied Ayes
Continued Noes
Tabled Abstain
7 4Absent
City Clerk

1. Adopt Resolution No. 2024 - to approve a twoyear Extension of Time for Tentative Tract Map No. 20090 ( TTM 17- 001/ EXT 24- 002);
Second Agenda Item No.

File No.

City Manager
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2. Adopt Resolution No. 2024 - to approve a twoyear Extension of Time for Tentative Parcel Map No. 19958 ( TPM 17- 002/ EXT 24- 002);

3. Introduce and conduct first reading of Ordinance
No. to amend the East Highland Ranch
Development Agreement, extending the term by five ( 5)
years ( EXT 24- 001); and

4. Introduce and conduct first reading of Ordinance
No. to amend the East Highland Ranch Impact
Fees Development Agreement, extending the term by
five ( 5) years ( EXT 24- 001).

PUBLIC NOTICE: The agenda for this item was posted at the three locations per Resolution No. 2011- 047 and on the City' s website. The notice was published in the San Bernardino Sun on March 1, 2024, and on February 29, 2024, it was mailed to property owners within 300 feet of the project site and to parties requesting notice.

One letter from the public was received (Attachment 1 — Public Comment Letter). The letter stated that they "do not agree with the project." They are concerned that there will be additional traffic and the obstruction of views. They would prefer a nature preserve to be established on the property or it be left as is. Staff reviewed traffic and aesthetic concerns for the future residential development as noted in the Environmental Review section below. Traffic and aesthetic impacts were discussed, addressed, and mitigated in the project' s environmental Mitigated Negative Declaration and subsequent Addendum. The additional 137 residences will trigger certain on and off -site infrastructure improvements by the developer related to traffic including a new traffic signal at the intersection of Greenspot Road and Blossom Trail Way. Aesthetic impacts of the tract design, building elevations and landscaping will be addressed during the Design Review process, an Application to be submitted by a merchant builder in the future.

DESCRIPTION OF THE SITE: The project site is undeveloped and contains only a few trees, mostly on its the east side. Vegetation on the site primarily consists of non- native grasses.

On the east side of the site is a boxed and open flood control channel and on the west side is a storm drain outlet approximately 300 feet south of Greenspot Road. Along the southern boundary of the site is a 90- foot easement in favor of the Metropolitan Water District ( MWD) for their Inland Feeder Line containing a major underground water pipe. The easement restrictions on this portion of the site limit the extent of development that can occur here ( Attachment 2 - Project Location Map).

The site is within an urbanized area within the East Highlands Ranch PUD. Single-family residential land uses are located to the north. To the east is East Highlands Village, a singlefamily residential neighborhood developed in the early 1900s, an East Valley Water District water well, and a neighborhood shopping center to the northeast (Greenspot Plaza). On the south side of Project site, running east and west ( south of the MWD easement), is a thirty foot ( 30') tall earthen berm. Roughly one -quarter mile south of the Project site is Plunge Creek, which trends east -west. Further south, approximately four tenths of a mile are aggregate sand and gravel activities and approximately 1. 3 miles beyond is the Santa Ana River.

BACKGROUND: On September 26, 2005, Spring Pacific Properties, LLC submitted development applications to amend the " 1999 East Highlands Ranch ( EHR) Planned Unit Development, Development Standards Report". The specific area applicable to the Blossom Trails -2-
application pertains to Planning Areas 40 & 42 within the EHR. The applications proposed 1) Amendments to the EHR Planned Unit Development Standards Report, which modified the Land Use Designation on Planning Areas 40 & 42 from Commercial Business Centerto Medium Density Residential; 2) Amendments to the EHR Development Agreement; 3) Amendments to the EHR Blossom Trails) Impact Fees Agreement to extend the deadline; and 4) Amendments to the EHR Planning Conditions of Approval. On February 28, 2006, the City Council approved the Amendments.

These amendments to the EHR development for 306 multi -family dwelling units were approved at a time when the housing market was in decline. On October 30, 2017, S- P Deerfield explained in a letter to the City of Highland that there were new interests for housing types and that the approved concept ( multi -family) would no longer be marketable to the general public. The Applicant then proposed to 1) Amend the Blossom Trails Community Design Standards to establish a new low - density land use category; 2) Amend the EHR Development Impact Fees Schedule to extend the deadline an additional five ( 5) years; 3) Approve Tentative Parcel Map No. 19958 ( TPM 17- 002) replacing the four lots approved lots in Tentative Parcel Map No. 17630 for four new phased lots within Planning Areas 40 & 42; and 4) Approve Tentative Tract Map No. 20090 ( TTM 17- 001), reducing the 306 multi -family units to 137 single-family homes. On March 27, 2018, the City Council approved these proposed amendments as described below:

1. On March 13, 2018, the City Council amended the " Blossom Trails" development upon recommendation by the Planning Commission. The Council adopted the following three ( 3) resolutions:
a. Resolution No. 2018- 006, adopting the Addendum to the Mitigated Negative Declaration and amending the Mitigation Monitoring and Reporting Program relating to Planning Areas 40 and 42 of the East Highlands Ranch.
b. Resolution No. 2018- 007, adopting Tentative Tract Map No. 20090 ( TTM 17- 001), a subdivision of 137 residential lots within Planning Areas 40 and 42 of the East Highlands Ranch.
c. Resolution No. 2018- 008, adopting Tentative Parcel Map No. 19958 ( TPM 17- 002), the configuration of 4 phased lots within Planning Area 40 and 42 of the East Highlands Ranch.

2. On March 27, 2018, the City Council held a second reading and adopted the following two ( 2) Ordinances:
a. Ordinance No. 423, approving a Planned Unit Development ( SPR 17- 001 Amendment), to amend the Development Agreement between the applicant and the City of Highland for the East Highlands Ranch to extend the term from October 30, 2019, to October 30, 2024.
b. Ordinance No. 424, approving a Planned Unit Development ( SPR 17- 001 Amendment), to amend the Development Impact Fee Agreement schedule between the applicant and the City of Highland to extend the term from October 30, 2019, to October 30, 2024.

Following the initial 3- year approval of the tract maps in 2018, the applicant required additional time to begin construction of the tract. In December of 2020, the Applicant requested an Extension of Time for the Tract and Parcel Maps. They explained that compliance with certain Environmental Mitigation Measures had delayed development of the project. Specifically, while conducting a -3-
presence/ absence trapping for the endangered San Bernardino Kangaroo Rat ( SBKR), four ( 4) SBKRs were caught on the property. The Applicant started the process of securing an Incidental Take Permit ( ITP) from the United States Fish and Wildlife Service but it could not be completed prior to expiration of the maps in 2021. Securing the appropriate permits with USFWS, and more recently the California Department of Fish and Wildlife ( CDFW), has resulted in several subsequent requests for Extensions. These were granted as follows:

3. On April 20, 2021, the Planning Commission adopted the following resolutions:
a. Resolution No. 2021- 004, approving an Extension of Time application for a one ( 1) year extension of Tentative Parcel Map No. 19958 ( TPM 17- 002). b. Resolution No. 2021- 005, approving an Extension of Time application for a one ( 1) year extension of Tentative Tract Map No. 20090 ( TTM 17- 001).

4. On April 19, 2022, the Planning Commission adopted the following resolutions:
a. Resolution No. 2022- 009, approving an Extension of Time application for a second one 1) year extension of Tentative Parcel Map No. 19958 ( TPM 17- 002). b. Resolution No. 2022- 010, approving an Extension of Time application for a second one 1) year extension of Tentative Tract Map No. 20090 ( TTM 17- 001).

5. On February 21, 2023, the Planning Commission adopted the following resolutions:
a. Resolution No. 2023- 006, approving an Extension of Time application for a second one 1) year extension of Tentative Parcel Map No. 19958 ( TPM 17- 002). b. Resolution No. 2023- 005, approving an Extension of Time application for a second one 1) year extension of Tentative Tract Map No. 20090 ( TTM 17- 001).

ANALYSIS: The Parcel and Tract Maps associated with Blossom Trails are scheduled to expire on March 13, 2024. The Applicant has requested the maps be extended for two additional years, making them valid through March 13, 2026 ( Attachment 3 — Extension of Time Request Letter). Section 2. 2. 4 of the Development Agreement provides that any tentative parcel or tract map approved by City — for any portion of the Covered Property — shall have a term of five years with the option for the Owner to apply for two year extensions not to exceed an aggregate term of nine years. Tentative Tract Map No. 20090 (TTM 17- 001) was approved on March 18, 2018 but only had a three year term instead of the five year term required by the Development Agreement.

Tentative Tract Map No. 20090 ( TTM 17- 001) was subsequently granted three, one- year extensions for a total term of six years. The Development Agreement allows the Tentative Tract Map No. 20090 ( TTM 17- 001) to be valid for nine years and, as such, the City is permitted to extend the Tentative Tract Map No. 20090 ( TTM 17- 001) up until March 13, 2027.

When maps are extended, it is an opportunity for the City to consider new or changed conditions that affect the approval and determine if the Conditions of Approval should be modified. There were no recommendations as such from the various City divisions. The Planning, Engineering, Public Services, Public Works/ Engineering, Building & Safety and Fire Marshal all determined that the prior conditions from 2023 remain valid.

Outside agencies were also provided with an opportunity to review the project. Two agencies commented on the proposed Extension. The San Bernardino International Airport is requesting -4-
Avigation Easements be executed and that the future homebuilding include noise attenuating materials in their construction. These comments are included in the attached Resolution. East Valley Water District also commented and noted that they will provide water and sewer services, but a new Development Agreement must be approved between themselves and the developer.

The City will ensure, prior to permit issuance, that these requirements have been achieved.

As noted above, the subject site is covered within the East Highland PUD Development Agreement and Impact Fee Agreement. Those agreements will expire on October 30, 2024. After that date, the property owner will no longer have assurance to proceed with development in accordance with the specific uses, density, and types of development approved by the City Council. Furthermore, the Impact Fees will revert to the citywide Development Impact Fees, unless the property Owner/Applicant records the final map and obtains construction permits by the Development Agreement expiration dates ( October 30, 2024). Therefore, it is a reasonable requirement that the map extensions are accompanied by the Development Agreement extensions.

FISCAL IMPACT: The Applicant' s request to extend the EHR Impact Fee Development Agreement ( for the fourth time) has a fiscal impact. The DIF schedule in place for East Highlands Ranch has a fee of $5, 488. 97 per "detached dwelling" unit (Ordinance 91 adopted on October 30, 1989, and adjusted accordingly over time). Thus, the Blossom Trails 137- unit subdivision would pay an estimated $ 751, 988 in Development Impact Fees per the current Agreement. In the event Development and Fee Agreements are not extended, the project will be required to pay the citywide DIF rate ($ 33, 183 per unit) for subdivided properties, effective April 1, 2024. Applying this rate of $33, 183 per unit for 137 units, the project would pay a total of $4, 546, 071 in total citywide Development Impact Fees, a significant increase.

The East Highlands Ranch PUD Impact Fee Agreements reduced fees is in recognition of the master developer' s construction of numerous public infrastructure projects in and around the development. These projects are complete.

If the Council approves the Development Agreement Extension and DIF Development Agreement, staff recommend a five percent ( 5%) annual escalator be applied over the next five years to the EHR reduced DIFs. The escalator would help offset the rise of labor and materials costs for City - constructed infrastructure. Below is a breakdown showing the escalator calculation:
5,488. 97 — current rate through October 31, 2024
November 1, 2024 through October 31, 2025 5, 763. 42 ( an additional $ 274. 45) November 1, 2025 through October 31, 2026 6, 051. 59 (an additional $ 288. 17) November 1, 2026 through October 31, 2027- 6, 354. 17 ( an additional $ 302. 58) November 1, 2027 through October 31, 2028 6,671. 88 ( an additional $ 317. 71) November 1, 2028 through October 31, 2029 7,005.47 (an additional $ 333. 59) REVIEW AND RECOMMENDATION BY THE PLANNING COMMISSION: The Planning Commission reviewed the Applications at a public hearing on February 20, 2024 and adopted Resolution No. 2024- 004, recommending the City Council approve the project (Attachments 4- 7, Project Resolutions and Ordinances). The Commission was in favor of the residential development but was concerned that continuing to honor a reduced Development Impact Fee 35 years after it was first adopted would limit the City' s ability to collect the funds necessary to complete public projects in the City, especially those related to traffic and drainage. There was a concern that the rate of increase in the cost of labor and materials outpaced the 5% escalator proposed by staff and -5-
that the project should mitigate impacts at the current level regardless of prior improvements Attachment 8 — Draft PC Minutes).

The Applicant responded that the EHR DIF fee did represent the following project' s cumulative impact and that over the life of EHR, the master developer had constructed much of the surrounding circulation and drainage infrastructure, Greenspot Road medians, and Fire Station #2 located at Base Line and Weaver Street. The current EHR DIF schedule does honor prior improvements as reflected in the project' s DIF rates. Currently, the EHR DIF pays the following percentages as compared to the City-wide rate: 100% of Law Enforcement Facilities, 14% of Fire Suppression Facilities/ Vehicles/ Equipment, 2. 81 % of Local Circulation System, 2. 81 % of Regional Circulation System, 0% of Regional Flood Control Facilities, 100% of General Facilities/ Vehicles/ Equipment, 100% Library Facilities/Collection, 100% Public Use ( Community Center Facilities) and 14% Park Land Acquisition/ Park Facilities Development.

Following the meeting, the Applicant offered to modify the annual escalator to be a percentage rate established by the City Council or Subcommittee for City- wide DIFs, or a minimum 5%. For example, if the City-wide DIF is increased anytime during the 5- year term of the Development Agreement, the EHR DIF would match that percentage increase or have an automatic 5% increase, whichever is greater.

ENVIRONMENTAL REVIEW: A Mitigated Negative Declaration ( MND) and a Mitigation Monitoring and Reporting Program ( MMRP) for an amendment to the East Highlands Ranch Planned Development for the Blossom Trails community were adopted by the City Council on February 28, 2006, via Resolution No. 2006- 007. An Addendum to the adopted 2006 Mitigated Negative Declaration addressed changes to the original project and was approved by the Highland City Council in 2018 ( Resolution No. 2018- 006). The Addendum discussed shifts in the residential market over the twelve ( 12) years and analyzed a revised proposal for the Blossom Trails development to be reduced from 306 multi -family residential units to 137 single- family homes. It also compared the impacts identified in the 2006 Mitigated Negative Declaration with the projected impacts associated with a Planned Development amendment. The findings determined that no further detrimental effects would be triggered and that the anticipated impacts from the 2006 Mitigated Negative Declaration ( MND) would continue to be addressed by the implemented mitigation measures or by present day regulations.

The MND requires mitigation for the endangered species, the San Bernardino Kangaroo Rat SBKR). In September 2017, the United States Fish and Wildlife Service ( USFWS) and the California Department of Fish and Wildlife ( CDFW) required that the Applicant conduct SBKR trapping on the Blossom Trails property as a part of the project' s CEQA process. The trapping resulted in the capture of four ( 4) SBKR, which prompted the need for the processing and issuance of separate Incidental Take Permits from USFWS and CDFW. Since then, the Applicant has worked diligently with both agencies and has secured approval and permits from the USFWS.

The CDFW Incidental Take Permit is currently being finalized and it is expected that the final Permit be issued in the second quarter of 2024. Notwithstanding the completion of other common residential development processes, such as the approval of the tract' s final engineering that is currently underway, the issuance of the CDFW Incidental Take Permit will allow the Applicant to move forward with the implementation of the project.

City staff has considered the potential environmental impacts of the extension of the Tentative Tract Map and Tentative Parcel Map, and the extension to the Development Agreement and the Impact Fee Development Agreement. City staff reviewed the MND, MMRP and the Addendum to the MND, including the impacts and mitigation measures identified therein. Staff has determined that the Project, is not subject to further environmental review pursuant to CEQA Guidelines -6-
Section 15162 because:
1) The Project and the circumstances under which the Project is undertaken do not involve substantial changes which will result in new significant environmental effects, and that the Project does not involve new information of substantial importance which shows that the Project will have significant effects not discussed in the MND or the Addendum to the MND; and
2) All potential environmental impacts associated with the Project are adequately addressed by the MND, and the mitigation measures contained in the MND will reduce certain impacts to a level that is less than significant; and 3) The Project has been evaluated against the previous analysis in the MND, to ensure that extending the approval time for the Tentative Tract Map and Tentative Parcel Map and the extension to the Development Agreement and the Impact Fee Development Agreement does not create new significant impacts or substantially increase the severity of previously analyzed impacts as compared to those identified previously. It has been determined that the analyses and the conclusions in the MND remain valid and that the Project is " within the scope" pursuant to CEQA Guidelines Section 15162 a).

Attachments: 1) Project Location Map
2) Public Comment Letter
3) Extension of Time Request Letter
4) Resolution to Extend Tentative Tract Map No. 20090
Exhibit "A" — Tentative Tract Map
Exhibit " B" — Conditions of Approval
5) Resolution to Extend Tentative Parcel Map No. 19958
Exhibit " A" — Tentative Parcel Map
6) Ordinance to Extend the Development Agreement
7) Ordinance to Extend the Impact Fees Development Agreement 8) Draft PC Minutes dated February 20, 2024
K:Planning/ Planning Projects/ Extension of Time/ EXT 24- 001 & 24- 002/ Staff Reports/ City Council Staff Report EHR DA EXT 2024- 2029 ( 3) ( 002). doc -7-
ATTACHMENT 1
Public Comment Letter
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City of Highland F; o
27215 Base Line, Highland, CA. 92346
Contact: Kim Stater, Asst. Comm. Dev. Director FMb
E- mail: kstater( cr cityofhighland. org, Phone: ( 909) 864-6861, x 204

PROJECT NOTICE
The proposal listed below has been filed with the City of Highland Planning Department. You are invited to comment because you may own property or have a regulatory interest in development in the area.

PROJECT Blossom Trails" Residential Subdivision & East Highlands Ranch REFERENCE #: Development Agreement - Extensions of Time File Number: Extension of Time EXT 24- 001 & EXT 24- 002 LOCATION: Approximately 23 acres, currently undeveloped, on the south side of Greenspot Rd., west of Church Street within the planned community of East Highlands Ranch. Planning Areas 40 & 42.

Assessor's Parcel Numbers: 1201- 401- 02 & 1201- 431- 61.

DESCRIPTION: This is a two- part application by S- P Deerfield / East Highlands Ranch to 1) Extend the East Highlands Ranch Development Agreement and Development Impact Fee Schedule for five years ( October 2024-2029); and 2) Extend the Blossom Trails Tentative Tract Map No. 20090 and Parcel Map No. 19958 ( EHR PAs 40 & 42) for two years ( Feb 2024- 2026).

Parcel Map No. 19958 and Tentative Tract Map No. 20090 represent a residential project referred to as " Blossom Trails" ( South) to subdivide 23 acres into 137 single- family lots and a 0.3 acre recreation center. Plans are attached hereto.

OWNER/ S- P Deerfield, LLC

APPLICANT
COMMENTS:

Please submit your comments no later than January 31, 2024. If you have no comment,/ no reply is necessary. , o
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ATTACHMENT 2
Project Location Map
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ATTACHMENT 3
Extension of Time Request Letter by the Applicant
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SUNLAND

COMMUNITIES, LLC
10575 Oakdale Drive, Rancho Cucamonga, CA 91730 Phone: ( 951) 538- 4140 Ms. Kim Stater, Assistant Director of Community Development October 30, 2023 City of Highland
27215 Baseline
Highland, CA 92346
Re: A five- year extension of the Development Agreement and Impact Fees Development Agreement for the East Highlands Ranch, and a two-year extension of Tentative Tract Map 20090 and Tentative Parcel Map 19958.

Dear Kim,
The Blossom Trails project received its final approvals from the City Council on March 13, 2018.

Since then, the permitting process for the San Bernardino Kangaroo Rat (SBKR) has delayed the project significantly. Now, we are happy to report to you that we have recently received clearance from the United States Fish and Wildlife Service (" USFWS") in addition to the draft Incidental Take Permits ( ITP) from the California Department of Fish and Wildlife (" CDFW"). Consistent with the Development Agreement, which allows a maximum of nine years of extensions, the City has so far granted extensions totaling six years to the Tentative Tract Map and Parcel Map approvals.

Despite the progress we have made and the much -appreciated support from City Staffwe need additional time beyond the current expiration dates to implement the orderly development of this last planning area of the Ranch as intended under the Development Agreement. For this, we respectfully request a five-year extension of the Development Agreement and Impact Fees Development Agreement (" DA/ IFDA") and a two- year extension to the Tentative Tract Map TTM) and Tentative Parcel Map (TPM) approvals.

Please find attached the application for the five- year time extension to the above referenced agreements and a two- year extension for the TTM and TPM approvals. The current expiration date of the DA/IFDA is October 30, 2024, and the extended date will be October 30, 2029. The current expiration date for the TTM and TPM approvals is March 1, 2024, and the new date will be March 1, 2026.

Despite the costly delays we remain very committed to the development of this last parcel of the East Highlands Ranch and have proceeded with the final engineering and received feedback from the first plan check. Now, we kindly ask for your consideration of the requested extensions of the DA/ IDFA and Tentative Maps to have this much anticipated community come to fruition.

I sincerely thank you for your assistance and am ready to answer any questions you may have.

Sunland Communities, LLC
Camille G. Bahri
President
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ATTACHMENT 4
Resolution to Extend
Tentative Tract Map No. 20090
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RESOLUTION NO. 2024 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HIGHLAND

APPROVING A TWO-YEAR EXTENSION OF TIME APPLICATION ( EXT 24- 002) FOR TENTATIVE TRACT MAP NO. 20090 ( TTM 17- 001) RELATED TO THE PROPOSED 137- UNIT BLOSSOM TRAILS HOUSING DEVELOPMENT WITHIN PLANNING AREAS 40 AND 42 OF THE EAST

HIGHLANDS RANCH PLANNED UNIT DEVELOPMENT, AND MAKING

A FINDING THAT NO FURTHER ENVIRONMENTAL REVIEW IS
REQUIRED PURSUANT TO CEQA GUIDELINES SECTION 15162.

APPLICANT: S- P DEERFIELD, LLC
A. RECITALS

1. On February 7, 2006, the Planning Commission recommended that the City Council approve Amendments to the East Highlands Ranch Planned Unit Development ( PUD 05- 003), Tentative Tract Map No. 16448 ( SUB 05- 003) and Tentative Parcel Map No. 17630 ( MS 05- 005).

2. On February 28, 2006, the City Council adopted Resolutions No. 2006- 007, 2006- 008, 2006- 009, and 2006- 010, approving the Amendments to the East Highlands Ranch Planned Unit Development ( PUD 05- 003), Tentative Tract Map No. 16448 ( SUB 05- 003) and Tentative Parcel Map No. 17630 ( MS 05- 005).

3. On October 30, 2017, the Applicant submitted an application to replace Tentative Tract Map No. 16448 (SUB 05- 003) with Tentative Tract Map No. 20090 (TTM 17- 001), to replace Tentative Parcel Map No. 17630 ( MS 05- 005) with Tentative Parcel Map No. 19958 ( TPM 17- 002), an Addendum to the Mitigated Negative Declaration and an amendment to the Mitigation Monitoring and Reporting Program ( ENV- 18- 006) to the East Highlands Ranch Planned Unit Development ( PUD 05- 003).

4. On February 20, 2018, the Planning Commission recommended that the City Council approve Tentative Tract Map No. 20090 ( TTM 17- 001), Tentative Parcel Map No. 19958 ( TPM 17- 002), an Addendum to the Mitigated Negative Declaration and an amendment to the Mitigation Monitoring and Reporting Program ( ENV- 18- 006).

5. On March 13, 2018, the City Council adopted Resolutions No. 2018-006, 2018- 007, 2018- 008, approving Tentative Tract Map No. 20090 ( TTM 17- 001), Tentative Parcel Map No. 19958 ( TPM 17- 002), the Addendum to the Mitigated Negative Declaration and the amendment to the Mitigation Monitoring and Reporting Program ( ENV- 18- 006).

6. On April 20, 2021, the Planning Commission adopted Resolution No. 2021- 004 and 2021- 005, approving an Extension of Time ( EXT 22- 001) application for a one ( 1) year extension of Tentative Parcel Map No. 19958 (TPM 17- 002) -15-
and Tentative Tract Map No. 20090 ( TTM 17- 001), with new expiration dates of March 13, 2021.

7. On April 19, 2022, the Planning Commission adopted Resolution No. 2022- 009 and 2022- 010, approving an Extension of Time ( EXT 22- 001) application for a one ( 1) year extension of Tentative Parcel Map No. 19958 ( TPM 17- 002) and Tentative Tract Map No. 20090 (TTM 17- 001), with new expiration dates of March 13, 2022.

8. On February 21, 2023, the Planning Commission adopted Resolution No. 23- 006 and 23- 005, approving an Extension of Time ( EXT 23- 001) application for a one ( 1) year extension of Tentative Parcel Map No. 19958 (TPM 17- 002) and Tentative Tract Map No. 20090 (TTM 17- 001), with new expiration dates of March 13, 2023.

9. Section 2. 2. 4 of the Development Agreement provides that any tentative parcel or tract map approved by City, for any portion of the Covered Property, shall have a term of five years with the option for the Owner to apply for two year extensions not to exceed an aggregate term of nine years. Tentative Tract Map No. 20090 (TTM 17- 001) was approved on March 18, 2018, but only had a three year term instead of the five year term required by the Development Agreement. Tentative Tract Map No. 20090 ( TTM 17- 001) was subsequently granted three, one-year extensions for a total term of six years.

The Development Agreement allows Tentative Parcel Map No. 19958 ( TTM 17- 002) to be valid for nine years and, as such, the City is permitted to extend Tentative Parcel Map No. 19958 ( TTM 17- 002) up until March 13, 2027.

10. On October 30, 2023, the Applicant submitted an Extension of Time (EXT 24- 002) application to extend the expiration date of Tentative Parcel Map No. 19958 ( TPM 17- 002) and Tentative Tract Map No. 20090 ( TTM 17- 001) an additional two (2) years. Concurrently, the Applicant submitted an Extension of Time application ( EXT 24- 001) to extend the term of the related East Highlands Ranch Planned Unit Development ( EHR PUD) Development Agreement and Impact Fees Development Agreement for five ( 5) years.

11. On February 20, 2024, the Planning Commission held a duly noticed public hearing at which interested parties had an opportunity to testify in support of, or in opposition to, the Extension of Time Application ( EXT 24- 002). At the close of the public hearing, the Planning Commission adopted Resolution No. 24- 004, recommending that the City Council approve Extension of Time Application ( EXT 24- 002) for Tentative Tract Map No. 20090.

12. On March 12, 2024, the City Council held a duly noticed public hearing at which time interested parties had an opportunity to testify in support of, or in opposition to Extension of Time Application ( EXT 24- 002) for Tentative Tract Map No. 20090 attached as Exhibit " 1".
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13. All legal prerequisites to the adoption of this Resolution have occurred.

B. RESOLUTION
NOW THEREFORE, it is hereby found, determined and resolved by the City Council of the City of Highland 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. 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. On February 28, 2006, the City Council of the City of Highland adopted Resolution No. 2006-007 adopting a Mitigated Negative Declaration MND") and a Mitigation Monitoring and Reporting Program (" MMRP") for an amendment to the East Highlands Ranch Planned Development for the Blossom Trails community. An Addendum to the adopted MND addressed changes to the original project and was approved by the Highland City Council in 2018 ( Resolution No. 2018- 006). The Addendum discussed a revised proposal for the Blossom Trails development to be reduced from 306 multi -family residential units to 137 single- family homes. The Addendum determined that no further detrimental effects would be triggered and that the anticipated impacts from the MND would continue to be addressed by the implemented mitigation measures or by present day regulations.

Pursuant to the California Environmental Quality Act (" CEQA") ( Cal. Pub.

Res. Code § 21000 et seq.) and the State Guidelines (the " Guidelines") ( 14 Cal. Code Regs. § 15000 et seq.), the City Council has considered the potential environmental impacts of the Project. The City Council has independently reviewed the MND, and the Addendum to the MND, and based upon the whole record before it, and based on its independent review and judgment, finds that that the Project, is not subject to further environmental review pursuant to the Guidelines because:
1) The Project and the circumstances under which the Project is undertaken do not involve substantial changes which will result in new significant environmental effects, and that the Project does not involve new information of substantial importance which shows that the Project will have significant effects not discussed in the MND or the Addendum to the MND; 2) All potential environmental impacts associated with the Project are adequately addressed by the MND, and the mitigation measures contained in the MND will reduce certain impacts to a level that is less than significant; and
3) The Project has been evaluated against the previous analysis in the MND, to ensure that extending the approval time for the Tentative Tract Map and Tentative Parcel Map and the extension to the Development -17-
Agreement and the Impact Fee Development Agreement does not create new significant impacts or substantially increase the severity of previously analyzed impacts as compared to those identified previously. It has been determined that the analyses and the conclusions in the MND remain valid and that the Project is " within the scope" pursuant to CEQA Guidelines Section 15162 ( a).

Section 4. Tentative Tract Map Findings of Fact ( TTM 17- 001/ TTM 20090), covering Planning Areas 40 and 42. Pursuant to California Government Code Section 66474 the City Council hereby finds and determines that:
a. The proposed map is consistent with applicable General and Specific Plans as specified in Section 65451.

Response: The subdivision of 25. 5 acres of land, comprised of Planning Areas 40 and 42, to create 137 single-family residential lots is desirable for the development of the community and consistent with the surrounding development and with the types of uses envisioned by the existing General Plan land use designation of Planned Development with a density equivalent to the Medium Density Residential land use designation. The subdivision also complies with the Planned Development Designation which allows any density that is compatible with surrounding existing and planned uses as determined through the development review process. In addition, the map is consistent with the proposed planned development of the East Highland Ranch Planned Unit
Development. This site is noted as a " Pipeline Project" in the City' s 6th Cycle Housing Element ( 2021- 2029) as accommodating 137 above moderate" housing units in the Planned Development Zone Housing Element Section 4. 3. 1 Blossom Trails).
b. The design or improvement of the proposed subdivision is consistent with applicable General and Specific Plans.

Response: The proposed project subdivides 25.5 acres into 137 numbered lots, multiple lettered lots, water quality basins, and multipurpose trails, and proposes street improvements, complies with the development standards specified within the PUD and is
complimentary with the adjacent single-family neighborhoods to the north and east and ultimately to the west. In addition, the project site will provide on -site amenities in the form of a community recreational area, fitness stations, and HOA maintained landscape area. The project is consistent with the General Plan including the 6th Cycle Housing Element. The project helps to achieve Goal 1: A preserved and enhanced housing stock within high -quality Neighborhoods, - Goal 2: A diverse range and adequate supply of housing types that align with the needs of all current and future Highland households, - Policy 2.3: Ensure new residential and mixed -use developments are adequately served by park and recreation, libraries, transportation, -18-
public safety, and other public services and facilities; and Policy 2. 4:

Encourage the development of a range of housing types in targeted areas of the City, such as inventoried vacant residential sites, Planned Development districts, Mixed -Use districts, special Policy Areas identified in the Land Use Element, and areas with access to resources and amenities.

C. The site is physically suitable for the type of development.

Response: The site is fairly flat without any unusual features and is located within an urbanized area with existing services and infrastructure available to the site. It is adjacent to existing singlefamily residential development to the north and east. In order to accommodate the development, the site will be cleared of a few trees and non- native plant. The site is comprised of 25. 5 acres that can accommodate subdividing into 137 residential numbered lots, multiple lettered lots, and a community recreational area while ensuring the minimum building setbacks, parking, landscaping, and other development guidelines area met as require by the East Highlands Ranch Land Use standards for SFD-V.
d. The site is physically suitable for the proposed density of development.

Response: Tentative Tract Map 20090 will permit residential development with recreational amenities at a density of approximately 6 dwelling units per acre. Again, the Map is consistent with the proposed EHR PUD, and permitted by the site' s Planned Development Designation in the General Plan and Zoning Code. The site is physically suitable for the proposed density of development.

The proposed planned development includes single- family residential and open space in the form of a community pool and recreation area, community landscape areas, multi -purpose trails, and fitness stations with an overall density of approximately 6 dwelling units per acre. As specified, the mapped lots meet the East Highlands Ranch Land Use standards for SFD- V which allows a minimum 3, 600 square foot lot size for single-family detached dwelling units. The City's land use designation of Planned Development allows any density that is compatible with surrounding existing and planned uses as determined through the development review process. Given that the proposed project density is approximately 6 units per acre, which falls within the allowed density within the current land use and the type of development is compatible with the surrounding uses, the site is considered suitable for the density proposed.
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e. The design of the,: subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidable injure fish or wildlife or their habitat.

Response: The project site is adjacent to property along its southern boundary with potentially sensitive habitat. Numerous biological assessments have been conducted on the project site with varying results over the past 15 years. Based on the results of a study in 2017, the applicant is working with the USFWS and CDFW to reconcile potential impacts to their satisfaction. The Mitigated Negative Declaration and Addendum for the project included mitigation measures to reduce any potential impacts to a less than significant level and,' therefore, the proposed project is not likely to cause substantial environmental damage or substantially or avoidable injure fish or wildlife or their habitat.
f. The design of the subdivision or type of improvement is not likely to cause serious public health problems.

Response: The proposed project has been reviewed by Planning Engineering, Building and Safety, the Fire Department and the Police Department and the subdivision map design and conditions of approval have been incorporated to ensure the development of the project will not cause serious public health problems.
g. 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 design of the subdivision will not conflict with easements for access through, or use of, property within the proposed subdivision. All points of access to this property can be taken from the adjacent streets. The proposed design of the subdivision is conditioned so as not to conflict with any easements of record.

Section 5. Based on the Findings of Fact and Conclusions set forth above, the City Council approves the Application, granting a two ( 2) year Extension of Time for Tentative Tract Map No. 20090 (EXT 24- 001/ TTM 17- 001).

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. -20-
PASSED, APPROVED AND ADOPTED this 12th day of March, 2024.

Penny Lilburn, Mayor
ATTEST:

Alondra Munoz
City Clerk
APPROVED AS TO FORM:

Maricela Marroquin
City Attorney
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Exhibit' T'
Tentative Tract Map No. 20090
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Exhibit " 2"
Tentative Tract Map No. 20090
Conditions of Approval
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CITY OF HIGHLAND

PLANNING DIVISION CONDITIONS OF APPROVAL
Date: April 20, 2021
Owner: S- P Deerfield, LLC
File/ Index: Tentative Tract Map No. 20090 ( TTM 17- 001) and Tentative Parcel Map No. 19958 ( TPM 17- 002)
Proposal: Request for a one- year Extension of Time ( EXT 20- 002) for Tentative Tract Map No. 20090 ( TTM 17- 001) and Tentative Parcel Map No. 19958 TPM 17- 002) and amendments to the approved Tentative Tract Map Conditions of Approval related to the 137- unit Blossom Trails housing development in the East Highlands Ranch.

Location: Southwest corner of Church Street and Greenspot Road Assessor' s Parcel Numbers: 1201- 401- 02, 1201- 431- 61 Note: These Conditions represent Planning Division Conditions only and are meant to be only one part of the Project's overall Conditions that may 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.

The Tentative Tract Map Application has been conditionally approved, subject to compliance with the requirements as specified below. The conditions listed below are continuing conditions. Failure of the Applicant and/ or developer to comply with any or all of said conditions at any time shall result in the revocation of the application.

1. This Tentative Tract Map 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 tentative tract map have occurred within thirty- six ( 36) months from the approval date, this tentative tract map 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 community development department no less than 30 calendar days nor more than 90 calendar days prior to the expiration date of the permit or approval. Such application shall be filed together with the City' s processing fee, as established by the City Council.
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2. 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 cannot begin prior to receipt of this signed documentation.

3. The subject property shall be developed in accordance with plans approved by the Planning Commission on February 6, 2018, on file with the City of Highland Planning Division, and shall be in compliance with all conditions of approval contained herein.

4. 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.

5. 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.

6. No expansion of the project beyond the scope and nature described in the application, which would tend to increase the projected scale of the project, shall not be permitted except upon application for, and approval of, modification of this application in compliance with all procedures and requirements therefore.

7. 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.

8. Development standard not addressed in the East Highlands Ranch — Planned Unit Development shall comply with the Ordinances, Policy Resolutions, and Standards of the City, in effect at the time of development of this project site and shall be complied with as a condition of this approval.

9. The approval of this project is subject to, and contingent upon, the developer completing all subdivision improvements necessary to support future construction.

Necessary subdivision improvements shall include, but not be limited to, design and construction of street, parkway, sidewalk, disabled ramping, driveway approach improvements, multi -use trail connections, water system facilities, water quality improvements, fire suppression facilities, sewer and storm drain facilities, electrical, gas, and telecommunication facilities, grading improvements and retaining walls, perimeter walls and fencing, street trees and landscaping, private front yard landscaping, and landscaping on all applicable lettered lots. -26-

10. Design and construction of all subdivision improvements shall be completed in accordance with the approved plan.

11. No permanent building construction shall commence until the tract map is recorded and the final grading and improvement plans have been approved, rough grading certified, and a building permit issued by the Building Division.

12. Prior to recordation of the final map submit the proposed names for approval by the Planning Commission prior to designating street names on tentative tract maps or installing street signs.

13. Construction of improvements and structures shall occur substantially in sequence with the approved conceptual Phasing defined with Tentative Parcel Map 17640 as well as the approved construction phasing grading plan. Deviation from the phasing sequence, shall be approved by the Planning Commission.

14. The applicant shall be responsible for making arrangements with the City' s franchised waste collection and hauling services provider for any/ all construction debris or solid waste generated as a result of this project.

15. Prior to issuance of Building Permits, the Applicant/Contractor/Occupant shall submit and obtain approval from the Public Services Division, a Construction Waste Diversion Plan, in accordance with Section 8. 12. 285 of the Highland Municipal Code.

Easements

16. A minimum 12-foot wide multi -purpose community trail easement shall be labeled and all locations defined on Tentative Tract Map 20090 prior to final map approval.

Site Design

17. All future development with East Highlands Ranch Planning Areas 40/ 42 shall comply with EHR- PUD' s Single Family Detached — 3, 600 SF ( SFC- V) development standards, as shown in the 2018 amended Development Standards Report for the EHR- PUD, as may be amended from time to time.

18. The Applicant / Developer shall be required to file a Design Review Application, with the required filing fee, for review and approval by the Planning Commission prior to the issuance of any permits. The review shall include, but is not limited to: rough and precise grading plans, retaining/boundary walls, housing product mix, all building elevations, privacy fences, all landscaping, hardscape, common recreational area related plans, and model home complexes.

19. The landscape buffer along Greenspot Road shall be no less than seven ( 7) feet behind the right- of-way.
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20. Additional landscape area shall be provided on each corner of Street D where it intersects with Greenspot Road to provide for the installation of an enhanced subdivision entry statement.

21. Conceptual Landscape Plan shall be submitted for review by the City' s Landscape Architect and Design Review Board. Said landscaping shall include the following:
a. The type and location of the required street trees for each unit. b. A six foot ( 6) high split -face block or masonry wall ( or as required by an acoustical analysis) shall be constructed, subject to Planning Commission review and approval along Greenspot Road. The boundary wall over drainage easements shall be designed and constructed in a way that drainage flow can be maintained at all times.

In addition, all walls or fences along street side yards shall be masonry fencing. If a wall should extend into any front yard setback area the maximum height shall be four feet ( 4'). On corner lots, the maximum wall height shall not exceed thirty inches (30") in the front yard setback (within the vision triangle).

All walls and fences shall be designed and constructed to incorporate design features such as tree planter wells, variable setback, split -block face, columns, or other such decorative features to provide visual and physical relief along the face of the wall and fence. Vinyl fencing shall be allowed at property lines between lots, at house returns, and crossing side yards as exhibited on the approved Tentative Tract Map. c. A Typical Front Yard Landscaping Plan shall be provided for each Floor Plan. The landscape material shall be appropriate for the design theme and architecture of each unit

22. In addition to the standard landscaping conditions listed above, the following items shall be incorporated into the final landscaping plans for review and approval by the Planning Commission:
a. Greenspot Road streetscape and median planting shall match existing Greenspot Road streetscape and median.
b. The use of turf in parkways and front yard is discouraged.

C. Vines shall be planted at ten ( 10') feet on -center spacing along all exterior boundary block walls as designated through a Design Review Application. Consideration should be given to vine species and method of attachment with respect to the type of fence or wall.

23. Landscape and irrigation specifications shall adhere to the adopted Engineering/ Public Works Standards as may be amended from time to time. -28-

24. Modifications to approved landscape and irrigation plans, or landscaping requirements described in Specific Plan Section 8. 2 Landscaping, resulting from federal, state or local mandates, shall be reviewed and approved by the City' s Landscape Architect.

Grading

25. All slopes shall be limited to a maximum ratio of 2 to 1 and shall be a part of the downhill lot when located within or between individual lots.

26. Prior to issuance of a grading permit any designated sensitive areas shall be fenced or protected as recommend by oversight agencies prior to any demolition, grubbing, or grading permit issuance on site.

27. Prior to issuance of a grading permit, a tree removal application shall be reviewed and approved for removal of any on -site trees.

28. If a residential tract will remain undeveloped for longer than 18 months after initial grading has been completed, the applicant shall submit an interim landscape plan, consisting of temporary measures for screening, hydro -seeding, and dust control.

Such plan shall include the timing of installation of necessary measures and shall be approved by the Community Development Director.

29. In the event the diversion channel is installed across any portion of the site the disturbed area shall be hydro -seeded to limit wind and water erosion. If the diversion channel occurs within the MWD easement area, then the proposed seed mix shall be acceptable to Metropolitan Water District, the California Department of Fish and Wildlife, and or other agencies with oversite to control erosion.

Construction

30. The recreational center and fitness stations shall be installed prior to the issuance of the 50th building permit for production homes.

31. The multi -purpose trail along Church Street shall include a curb adjacent landscape buffer in the remaining area of the right-of-way. Development of this trial shall occur with development of Phase 1.

32. An access easement across the Metropolitan Water District' s parcel to the benefit of the City shall be secured by the applicant/ developer prior to development within Phase 2 for the dedication of a multi -purpose trail. No physical improvements will be required by the project within the MWD parcel or along any portion of Pole Line Road.

33. Prior to issuance of the 1st Certificate of Occupancy in each Phase, adjacent multipurpose and hiking trails shall be constructed and/ or fully improved.

34. Prior to the issuance of the 1st building permit, the applicant shall submit development plans for the multipurpose trails inclusive of amenities and signage to -29-
be provided at trail entries, forks, and interpretive stations within those sites. The plans shall be reviewed by the City' s Landscape Architect, Community Trails Committee and Public Facilities Subcommittee. Trails shall be designed and constructed consistent with the Highland General Plan, and the Highland Development Policies, Standards and Procedures. The existing trail within the MWD easement area shall remain as -is.

35. Prior to issuance of the 1st Certificate of Occupancy in each Planning Area, adjacent multipurpose and hiking trails shall be constructed and/or fully improved.

36. All trails shall be open and accessible to the general public.

37. The ultimate height and design of the perimeter walls and fences adjacent to undeveloped areas considered sensitive and critical habitat shall be determined after consultation with U. S. Fish and Wildlife Department and the California Fish and Wildlife Service.

38. The developer shall not engage in any construction activities other than between the hours of 7: 00 a. m. and 7: 00 p. m. Monday through Saturday. No construction shall be permitted on Sundays or National Holidays.

39. The Applicant shall construct the property boundary walls and fences prior to first occupancy in accordance with construction phasing plan, as approved by the Planning Commission in conjunction with the Design Review Application for home construction ( if applicable).

40. Housing unit elevations visible from the public right-of-way shall be enhanced with architectural elements used on the front elevations as approved by the Planning Commission.

Environmental

41. The East Highlands Ranch Planned Unit Development Final Environmental Impact Report Mitigation Measures and " Mitigation Monitoring Requirements" with the 1999 amendments, as they relate to PAs 40/ 42 are incorporated herein and made a condition of approval ( See " Attachment A- 1, Mitigation Monitoring Reporting Program"). Comply with all mitigation measures identified in the Program, the time in which it will be implemented and the responsible party for monitoring its implementation.

42. Pursuant to provisions of California Public Resources Code Section 21089 ( b), this Application shall not be operative, vested or final, nor will building permits be issued or a map recorded, until: ( 1) the Notice of Determination ( NOD) regarding the associated environmental action is filed and posted with the Clerk of the Board of Supervisors of the County of San Bernardino, and; ( 2) any and all required filing fees assessed pursuant to California Fish and Game Code Section 711. 4, together with any required handling charges, are paid to the Clerk of the Board of Supervisors of the County of San Bernardino.
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43. The Applicant shall provide the Planning Division with a check for the appropriate fee, made payable to the Clerk of the Board of Supervisors, by no later than 24 hours after receiving approval of the project. The City will file the NOD and fee payment with the County/State and will provide the Applicant with a copy of the receipt and filed NOD.

44. Based on the Acoustical Analysis by Christopher Jean & Associates, Inc, dated February 4, 2014, further analysis may be required to bring the then current Greenspot Road way noise of 72 dBA to the City' s required interior noise levels of 45 dBA. The report list additional construction methods that could reduce the noise level further but the final mitigation method needs evaluating when a development plan for homes is proposed.

45. Prior to commencement of project activities project applicant shall obtain either of the following: Written correspondence from the California Department of Fish and Wildlife stating that notification under Section 1602 of the California Fish and Game Code is not required for the project; or a copy of a Department -executed Lake or Streambed Alteration Agreement, authorizing impacts to California Fish and Game Code, section 1602 resources associated with the project, or evidence of avoidance of impacts on jurisdictional areas through the final design of the project per Engineering Condition No. 84 and a statement from the project' s biologist and California Department of Fish and Wildlife approval.

Declaration of Conditions, Covenants and Restrictions / Homebuyer Notification

46. Prior to first occupancy, two ( 2) copies of all organizational documents for the project, including Conditions, Covenants and Restrictions ( CC& R' s) or letters of advisement to future property owners shall be submitted to the Community Development Director for review and approved which identifies the following:
a. Architectural controls shall be provided and shall include, but not be limited to, establishing the requirement to obtain approval from the City of Highland for any additions, patios, or accessory buildings/ structures and establishing minimum design guidelines to ensure compatible development; b. Provisions alerting the buyers of any lot that required construction of the dwelling to meet the City' s interior noise standard for single-family residential development;
c. Provisions alerting the owners of any affected lots that those lots are required to accept and accommodate runoff from other lots. Said provisions shall prohibit homeowners from modifying drainage facilities or flow patterns of their lots without first obtaining permission from the City; d. Provisions alerting the buyers of any applicable Community Facility District or other assessment districts;
e. A notice explaining the obligation to comply with Highland Municipal Code regulations pertaining to the parking and storage of recreational vehicles. -31-
f. Disclosures of surrounding land uses or activities having the potential to disturb purchaser shall be provided as defined in correspondences on file with the City of Highland. These include, but may not be limited to, the following:
i. City of Redlands letter dated July 31, 2017, regarding the " Area of Special Compatibility Concern: the Redlands Municipal Airport; ii. Located within the San Bernardino International Airport " Influence Area;"
iii. Cemex letter date May 30, 2017, regarding Tentative Tract Map 20090' s close proximity to Property that is utilized for permitted quarry mining and processing operations;
iv. The existing gun club on the south side of the Santa Ana River. v. Potential noise impacts associated with traffic along Greenspot Road; vi. Disclosure of Metropolitan Water District' s 144'/ 2 inch -diameter welded steel Inland Feeder Pipeline within its easement along the southern property boundary.

47. The approved CC& Rs or letters of advisement shall be recorded prior to the first occupancy and a copy of the recorded documents shall be submitted to the Planning Division within five ( 5) days after recordation.

Fees

48. Pursuant to City Council Resolution, as may be amended from time to time, the Owner/ Developer shall pay all applicable Development Impact Fees per the East Highlands Ranch Development Impact Fees Development Agreement. The Development Impact Fees are calculated from the fee schedule in affect at the time of issuance of Building Permits.
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SECTION 5. 0

MITIGATION SUMMARY

5. 1 OVERVIEW
The following Table 5. 1- 1, Mitigation and Implementation Summary Matrix, comprehensively presents mitigation measures incorporated in the 2005 IS/ MND, and associated with the development of the Addendum Project described herein.

Within the " Mitigation Measures column, Mitigation Measures that are no longer required are indicated by ' ' keeut ` oi4t, new Mitigation Measures are indicated by bold italic text. The " Remarks" column identifies status and applicability of Mitigation Measures. Retained or new mitigation measures presented at Table 5. 1- 1 will be implemented through Project Conditions of Approval or as otherwise deemed appropriate by the City.

At the discretion of the City Planning Director, any of the mitigation measures identified at Table 5. 1- 1 may be modified to respond to conditions and context as they may apply to development proposed by the Addendum Project. Any such discretionary modifications cannot result in any new significant environmental impacts; rather, modifications would ensure compliance and consistency with current City goals, policies, regulations, and development programs/ plans. 2017 Addendum to the 2005 ISIMNDfor the Blossom Trails Community Project Mitigation SummaryPage 1 SCH No. 2005121172)
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City of Highland
Engineering Department
Conditions of Approval
TTM 17- 001; PDA 17- 001; TPM 17- 002
Blossom Trails
SWC of Greenspot Road and Church Street
03017- 544
A — Required Prior to Map Recordation
B — Required Prior to Building Permit/ Construction
C — Required Prior to Occupancy
D — Ongoing
E — Required Prior to Grading Permit
Non -Standard Conditions
April 20', 2021

SOILS/ GRADING
A 1. 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 thereto as approved by the City Engineer.

A 2. Design individual lot grading to drain the entire area of each lot directly to the adjacent street.

A 3. 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.

A 4. Design grading and on -site improvements to drain the entire site to the proposed Basin A at the northeast corner of Blossom Way and Promenade Way.

E 5. Submit structural design and location for any required retaining walls for review and approval by the City Engineer. Install concrete v-ditches at the back of retaining walls in accordance with the Grading Plan Checklist.

E 6. The grading and landscaping plans must 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.

A 7. 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.

A 8. Design short term erosion control in accordance with Best Management Practices such as, silt fencing to control the site perimeter, and straw bale barriers, sandbag barriers, rock filters or sediment basins to control internal erosion, or other methods to stabilize disturbed areas, as approved by the City Engineer.

D 9. 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, Blossom Trails Aril 20, 2021
TTM17- 001; PDA17- 001; TPM 17- 002 Page 1 of 9
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Engineering Department
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utilizing soil emulsions, limiting construction vehicle speed to 10 miles per hour, stabilizing construction entrances to prevent trackout of sediments, and street sweeping.

B 10. 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 11. Submit original wet signed and stamped final grading certification from the grading engineer to the City Engineer.

STREET IMPROVEMENTS
C* 12. Prior to first occupancy in Phase 1, construct street improvements along the entire project frontage on Greenspot Road including, but not be limited to, 8" curbs and gutters, 5'- wide parkway sidewalk, streetlights, curb returns and handicap ramps at the intersections of Blossom Way and Street D. Align centerline of Blossom Way with that of the existing street on the north side of Greenspot Road.

C* 13. Prior to first occupancy in Phase 1, reconstruct the existing landscaped median on Greenspot Road to accommodate a 75'- long westbound left turn pocket at Blossom Way. Construct pavement repairs as required by the City Engineer.

C* 14. Prior to first occupancy in Phase 1, remove existing pavement and construct new street improvements along the entire project frontage on Church Street including the Church Street/Abbey Way intersection. Construct street improvements including, but no limited to: 6-inch curb and gutter located 18' west of the street centerline, asphalt concrete pavement from the lip of gutter to 14' east of centerline, class II aggregate base, redwood header at edge of pavement, and street lights.

A* 15. Remove existing interim drainage inlets on the west side of Church Street and construct roadway drainage system to convey street flows on Church Street to the Line C Channel as required by the City Engineer.

C* 16. Construct grading along both sides of the existing drainage box culvert located on the west side of Church Street north of Merris Street. Maintain grading with a maximum 2% slope between the
east tract boundary wall and the west curb on Church Street. Construct drainage v-ditch to accommodate surface flow if necessary. Provide surface treatment on the top of the box culvert as necessary to accommodate pedestrian use over the box culvert.

C* 17. Construct a public trail along both sides of the Line C Channel from Merris Street to the south boundary of the tentative map including a connection to the future trail along the south side of Abbey Way. Grade the trail with a maximum slope of 2% to drain toward the Line C Channel or Church Street. Remove existing chain -linked fence along the west side of the Line C Channel, and replace it with new vinyl split Fail fenGidecorative fencing as approved by the City Engineer and the Community Development Director, a portion of which shall be removable as required by the City Engineer to accommodate City maintenance of the Channel. Improve the trail surface with decomposed granite along both sides of the Channel. Protect the existing chain -linked fence in place and construct a new vinyl split rail fencing along the east side of the Channel located at 4' from the proposed curb on Church Street. Install parkway landscaping and irrigation between the trail fencing and the curb as required by the City Planner. Install assess control to trail entrances. Construct an access between the existing concrete maintenance ramp and the east Blossom Trails
TTM17- 001; PDA17- 001; TPM 17- 002 Page 2 of 9
April 20, 2021
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Engineering Department
COA
end of Lot M to facilitate City channel maintenance operations and temporary stockpiling and storage of debris removed from maintenance activities. ( PC Amended 2/ 8/ 18) C* 18. Prior to first occupancy in Phase 1, submit to the City Engineer a signal warrant analysis to determine the number of dwelling units within the tentative map that will trigger the need of a new traffic signal.to be constructed at the Greenspot Road/ Blossom Way intersection. Construct the traffic signal within the time frame as required by the City Engineer.

C* 19. If and when warranted, construct a traffic signal utilizing a video detection system at the Greenspot Road/ Blossom Way intersection Install a fiber optic interconnect between the new signal and the existing signals at Church Street and Orange Street, including any necessary hardware and software. Provide a coordinated timing analysis for the traffic signals on Greenspot Road at Boulder Avenue, Orange Street, the new signal, Church Street and the Greenspot Road entrance to the Village at East Highlands.

D* 20. Construct street improvements within the tentative map necessary to provide proper circulation for each phase of the development. For Phase 1, construct Blossom Way, Promenade Way, Street F ( north of Promenade Way), Street A, Street B, Street C and Street D ( north of Promenade Way). For Phase 2, construct Street F ( south of Promenade Way), Street E ( to just west of Street F) and Street D ( south of Promenade Way). For Phase 3, construct Street E ( west of Street F). Street improvements shall include, but not be limited to: 6- inch curb and gutter, asphalt concrete pavement, class II aggregate base, 6-foot curb adjacent sidewalks, driveway approaches, and street lights in accordance with City of Highland Standards.

C* 21. Construct traffic calming devices along Promenade Way and Street D including signage and bulb - outs at street intersections as approved by the City Engineer.

C* 22. Construct walkways in Lots A, C, K, L, and N to provide connectivity with the proposed sidewalk on Greenspot Road and existing sidewalk on Church Street, and the proposed trail in Lot N.

C* 23. Adjust the proposed alignment of Street D so that adequate parkway landscaping can be accommodated at the proposed Street D/ Greenspot Road intersection adjacent to the northwest corner of the EVWD parcel located easterly of Street D.

C* 24. Install during the first phase, City owned streetlights ( LS- 3) along Church Street using light emitting diode ( LED) luminaires on octagonal concrete poles at locations specified by the City Engineer. The poles shall be natural gray with black and white aggregate and shall have a factory - applied anti -graffiti coating. Coordinate with Southern California Edison to energize the streetlights. The property owner shall be responsible for the City' s payment of energy charges for 12 months following energizing of the streetlights.

D* 25. Install during each phase, City owned streetlights ( LS- 3) on the local streets using light emitting diode ( LED) luminaires on octagonal concrete poles at locations specified by the City Engineer.

The poles shall be natural gray with black and white aggregate and shall have a factory -applied anti -graffiti coating. Coordinate with Southern California Edison to energize the streetlights.

The property owner shall be responsible for the City' s payment of energy charges for 12 months following energizing of the streetlights.

A 26. Submit street improvement plans to the City Engineer for review and approval. Indicate the location of any existing utility/ facility which would affect construction on final plans and profiles.

Blossom Trails April 20, 2021
TTM17-001; PDA17- 001; TPM 17- 002 Page 3 of 9
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Comply with the City of Highland design standards as shown on the Street and Storm Drain Plan and Profile Checklist.

A 27. Submit a thorough evaluation of the structural road section, for the private and public streets, from a soil engineer to the City Engineer. Include a recommended street structural section, designed for a service life of 20 years as outlined in Section 600 of the Caltrans Highway Design Manual.

The minimum section is 3" A.C./ 4" A. B. The City Engineer will provide traffic indexes.

A 28. Design public improvements including sidewalk, drive approaches, and access ramps in accordance with all requirements of the State of California Accessibility Standards, Title 24 California Administrative Code. Truncated domes shall be dark gray Armor -Tile Cast in Place System manufactured by Engineered Plastics, Inc.

C 29. Install traffic control signs, striping, and pavement markings, with locations and types approved by the City Engineer.

DRAINAGEMATER QUALITY
E 30. 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 Preliminary 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 commercial 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 the City form. Include a copy of the recorded agreement in the F- WQMP. Construct BMPs in accordance with the approved F- WQMP.

E 31. Submit two ( 2) 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* 32. Prior to first occupancy in Phase 1, construct a water quality basin with the size, extent and scope of improvement in conformance with the F- WQMP and as required by the City Engineer. Maintain a maximum side slope of 4: 1 or otherwise approved by the City Engineer. Construct a 12'- wide concrete maintenance access from Blossom Way to the basin bottom. Install fencing and landscaping along the top of, and within, the basin as required by the City Planner and the City Engineer.

D* 33. Prior to issuance of building permits for Lot 58, Lot 59 and Lot H in Phase 1, and any lots in Phases 2, construct the overflow channel located within Lots 68 thru 71 in Phase 3, Lot M, and within Lots 127 thru 137 in Phase 4 or at an alternate location as approved b the City Engineer.

Obtain from FEMA its final determination on revising the effective FIRM removing these lots from Flood Hazard Zone A.

Blossom Trails Aril 20, 2021
TTM17- 001; PDA17- 001; TPM 17- 002 Page 4 of 9 P
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Engineering Department
COA
D* 34. Prior to issuance of building permits for any lots in Phase 3, remove the westerly portion of the overflow channel from Lots 68 thru 71 in Phase 3, and extend the overflow channel along the south line of Lots 69 thru 71 within the MWD property, and connect the realigned overflow channel to the future overflow channel if it has been constructed as a part of development of Tentative Tract No 17604. An alternate alignment may be submitted by the applicant for approval by the City Engineer. If the future overflow channel has not been constructed by future development of Tentative Tract No. 17604 to allow for the realignment of the overflow channel, Phase 3 shall remain undeveloped.

D* 35. Prior to issuance of building permits for any lots in Phase 4, remove the overflow channel from Lots 127 thru 137 in Phase 4 or as may have been approved the City Engineer, if San Bernardino County Flood Control District has completed construction of a project that improves drainage flows in the County' s Elder Creek Channel and the City' s Line " C" Channel, and FEMA has determined that an overflow channel is no longer needed for flood protection in Phase 4.

Obtain written approval from FEMA prior to removal of the overflow channel.

D* 36. Design the overflow channel in accordance with the approved FEMA Conditional Letter of Map Revision ( CLOMR). Maintain a maximum side slope of 4: 1. Construct additional improvements to the overflow channel as required by the City Engineer prior to acceptance by the City for maintenance. Alternatively, if the overflow channel is to be maintained by San Bernardino County Flood Control District, construct the overflow channel per District requirements.

B* 37. Obtain a Letter of Map Revision from FEMA prior to issuance of any building permits in Lots 58, 59 and H within Phase 1 and any lots within Phase 2, 3 and 4.

C* 38. Prior to first occupancy in Phase 1, reconstruct and extend the existing storm drain, and reconstruct and relocate the existing outlet structure to a location west of the west project boundary, and construct additional drainage improvements at the westerly end of Promenade Way as needed to accommodate construction of full street improvements along Blossom Way and the Blossom Way/ Promenade Way intersection within the project boundaries.

E 39. Obtain written permission from the owner of the adjoining property west of the tentative map to accept the post -development flows from the tentative map. In case such written permission could not be obtained, design and construct the proposed drainage system and the water quality basin to release flows to the adjoining property in an amount not higher than the pre -development flows.

A* 40. Design project entrances to minimize the possibility of off -site flows entering the site from Greenspot Road. Submit hydraulic calculations to verify the project entrances design.

A 41. Prepare and submit a hydrology study to determine storm runoff quantities tributary to and generated by the site. Include in the study hydraulic calculations to determine the extent, size and type of all drainage facilities.

A 42. Prepare and submit drainage improvement plans to the City Engineer for review and approval.

Indicate on final plans and profiles the location of any existing utility/facility which would affect construction. Comply with City design standards as shown on the street and storm drain improvement checklist.

MAP/DEDICATION/ANNEXATION
Blossom Trails Aril 20, 2021
TTM17- 001; PDA17- 001; TPM 17- 002 Page 5 of 9
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Engineering Department
COA
A* 43. Apply to the City to annex the project into the City' s drainage and trail maintenance districts for storm maintenance of the overflow channel in Lot M, and routine maintenance of public storm drains within the tentative map, and public trails within Lot M and along both sides of the Line C Channel. Sign ballots prepared by the City agreeing to the annexations and amounts of assessment.

A* 44. Maintain through a homeowners association the water quality basin ( Lot F) and the outlet pipe between the basin and the Line A storm drain in Blossom Way, all letter lots including non -storm maintenance of Lot M, and parkway landscaping along all public streets including Greenspot Road and Church Street. Grant all lettered lots to the homeowners association ( HOA) for ownership and landscape maintenance. Provide written documentation from the HOA agreeing to accept the lettered lots including the water quality basin.

A* 45. If applicable, dedicate to the City a drainage easement for City storm maintenance of the overflow channel located within Phase 3, Phase 4 and Lot M. Secure a drainage easement from MWD to be dedicated to the City for City storm maintenance of the overflow channel located within MWD property adjoining the southwest corner of the tentative map. Provide non -storm maintenance of the overflow channel through a homeowners association.

A* 46. Dedicate to the City an easement for City maintenance of public trails located within Lot N.

Provide trail and landscape maintenance in Lots C, L and K through a homeowners association A* 47. Dedicate to the City an easement for City maintenance of the Line C Channel, public trails, and parkway landscaping within Lot N along the Church Street frontage of the tentative map.

A* 48. Dedicate to the City street rights -of -way along the project street frontage on Greenspot Road and Church Street, if not previously dedicated.

A* 49. If the existing drainage improvements are modified as described in condition No. 38, acquire a drainage easement and an access easement from the property adjoining the west side of the tentative map to accommodate City maintenance of the public storm drain required to be reconstructed and relocated west of the Blossom Way/ Promenade Way intersection. This condition No. 49 shall not be applicable if condition No. 82 is implemented.

A* 50. Dedicate a landscape easement for potential City maintenance of landscaping along Greenspot Road and Church Street through the City' s Landscape Maintenance District.

A 51. Coordinate with the utility companies to eliminate easements not required for any utility facilities A 52. Record a Parcel Map and a Final Map with the San Bernardino County Recorder pursuant to the provisions of the State Subdivision Map Act.

A 53. Submit, at the time of Parcel Map and Final Map submittal: Traverse calculations ( sheets), 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. The traverse calculation sheets shall show error of closure. Inverse calculations will not be acceptable for plan check review.

A 54. Dedicate on the Final Map public street right-of-way and all drainage, landscaping and community trail easements within the project.

A 55. Dedicate corner property line cutoffs on public streets in accordance with City Standards.

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Engineering Department
COA
A 56. Include an Improvement Certificate/ Statement on the Parcel Map in accordance with Section 66411. 1 of the Subdivision Map Act.

A 57. Submit a duplicate photo mylar of the map recorded with the San Bernardino County Recorder.

D 58. In the event the Applicant fails to acquire the required off -site property interests, the Applicant shall request the City acquire the off -site property interests. The Applicant shall provide evidence of attempts to acquire any required off -site property interests and shall enter into an agreement with the City committing to complete the improvements pursuant to Government Code Section 66462 after the City has acquired the property interests. Such agreement shall provide for payment by Applicant of all costs incurred by the City to acquire the off -site property interests. Security for a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the City, at the Applicant' s cost.

FEES/ PERMITS/ BONDING
E* 59. Obtain written permission from the Metropolitan Water District prior to any encroachment or construction within the District easement.

B* 60. Pay traffic mitigation fees in the amount of $252. 71 per dwelling unit.

A 61. Post a deposit for monumentation which shall not be released prior to completion of all on -site construction and submittal of written verification from the project engineer or land surveyor that the monuments have been set and payment for the work has been received. Submit an estimate of the deposit amount prepared by the project land surveyor.

E 62. Post a deposit for erosion control which shall not be released prior to completion of all on -site construction.

A 63. Post Faithful Performance, Labor and Material, and Warranty bonds for all required street, drainage, trail, and Landscape Maintenance District improvements. Post Faithful Performance, and Labor and Material bonds for all required grading, and private landscaping improvements.

A 64. Enter into an agreement with the City of Highland for construction of public improvements using the adopted City form.

D 65. Pay appropriate engineering fees for bond processing, plan check, hydrology report review, WQMP review, structural calculation review, traffic report review, assessment district annexations, on -site and off -site inspection, utility excavation permits, GIS map plan update, microfilming and storage of maps and plans, and other required fees.

D 66. Obtain a permit from Engineering prior to any on -site construction or construction within the City' s right- of-way.

E 67. Post a deposit for erosion control which shall not be released prior to completion of all on -site construction.

UTILITIES/ CONSTRUCTION
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Engineering Department
COA
B* 68. Remove existing utility poles and overhead lines along the south side of Greenspot Road crossing the tentative map to the easterly side of Church Street, and on the west side of Church Street along the project frontage.

C 69. Design and construct above ground and flush mount utility structures at locations where retaining walls are not necessary in accordance with the requirements of the utility companies. Prepare a Composite Utility Plan indicating locations of slopes and all above ground and flush mount utility structures and submit the plan to the City for review prior to City issuance of utility permits. Utilize underground utility structures if necessary, to avoid construction of retaining walls.

C 70. Construct an extension of the public sewer from Street D easterly to a proposed sewer manhole in Church Street to accommodate connection of a sewer system serving the East Highlands Village neighborhood. Design and construct the sewer extension per EVWD requirements. If construction of the sewer extension requires removal of a portion of the City' s Line " C" Channel, reconstruct the Channel as required by the City Engineer.

D 71. Provide all utility services to each unit, including sanitary sewers, water, electric power, cable television, gas, and telephone. All utilities are to be underground.

D 72. Coordinate, and where necessary, pay for the relocation of any existing public utilities as necessary.

D 73. Obtain written permission from the adjoining property owner( s) for off -site grading and/ or construction work, if any.

D 74. Street pavement shall be constructed in lifts as directed by the City inspector. Final asphalt lifts shall be placed after all houses are built or within 12 months of the completion of each construction phase. Repair any pavement damage to the satisfaction of the City Engineer if the final asphalt cap is done before the completion of all house construction.

C 75. After all houses are constructed, slurry seal the streets within the tract prior to final bond release or submit cash payment in lieu of slurry seal.

E 76. Reconstruct existing public improvements removed or damaged during construction as approved by the City Engineer. Pavement repair, which may include A.C. overlay, T-cut trench repair and/ or slurry seal shall be across all or a portion of existing pavement as determined by the City Engineer.

E 77. Install construction fencing and screening in accordance with Building and Safety Division Policy 335.

B 78. 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 project' s WDID number.

B 79. 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.

D 80. All underground structures, except those desired to be retained, must be broken in, backfilled, and inspected before covering.

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Engineering Department
COA
D 81. Comply with the prevailing City design and construction standards and requirements at the time of permit issuance.

C 82. As an alternative to constructing Blossom Way as shown on the tentative map, the developer may construct Blossom Way along an alignment that could avoid the need to extend the existing storm drain and relocate the existing outlet headwall to the property west of the tentative map. Include in the alternate design an 8'- wide median, full curb -to -curb width of 56' between Greenspot Road and the south end of the median, a minimum curb -to -curb width of 36" between the south end of the median and Promenade Way, 6' curbs and gutters on both sides, and 6'- wide sidewalks on the east side, Install roadway safety measures. Construct access to accommodate City maintenance of the existing storm drain and outlet on Blossom Way. Dedicate additional street right-of-way. Maintain capacity of the proposed water quality basin in Lot F and adjust the size of Lots No. 55 and 59 if necessary.

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9 Building and Safety Division Conditions of Approval
Date:

Applicant:

Address of Applicant:

Site Location:

Telephone:

APN
5- 26- 17
S- P Deerfield, LLC
31866 Camino Capistrano, SJC, CA 92675
Southwest of Greenspot and Church
949496- 1316
1201- 401- 02, 1201- 431- 61

1. Please provide three ( 3) sets of the following construction plans and documents listed below for review of the proposed project. The initial plan review time will take two weeks on most projects. The applicant will receive a plan review number at the time plans are submitted for Building & Safety's plan review.

This plan review number is needed to obtain information regarding your project. 3) Architectural Plans
3) Structural Plans
3) Structural Calculations
3) Plot/ Site Plans
3) Electrical Plans
3) Electrical Load Calculations
3) Plumbing Plans/ Isometrics
3) Mechanical Plans
3) HVAC Duct Layout Plans
3) Roof and Floor Truss Plans
3) Title 24 Energy Calculations
3) Geology Report
3) Soils Report
3) Precise Grading Plans
3) Site Disabled Access Plan
3) Condition of Approval Packages
3) Temporary Fence Plan
1) Approved Health Department Plans
2) Commissioning Plan

2. All structures shall be designed in accordance with the current version of the California Building Codes, including the California Green Building Standards Code. Design all structures to comply with Seismic Design Category D, basic wind speed 110 ( ULT) MPH, at exposure " C."

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3. Gas release is not provided until all final approvals are made and verified by City staff. Policy 295.

4. 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.

5. The Developer/Owner is responsible for the coordination of the final occupancy, The Developer/Owner shall request clearances from each department and/ or 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 and provide a copy of the signatures to Building and Safety at the time a final inspection is requested.

6. Projects requiring County Health and/ or San Bernardino Environmental Control, such as food services, need to obtain those permits prior to building permit issuance.

7. Building and Safety inspection requests can be made 24 hours in advance for the next day inspection. Please contact (909) 864-2136, Ext 228.

8. A security fence with screening shall protect all construction sites. The fencing and screening shall be maintained at all times to protect pedestrians.

9. Portable 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.

10. AII 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 Planning Division.

11. 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.

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12. Fire Sprinklers are required by Ordinance 209. Submit fire sprinkler plans to the Fire Marshal located at 27215 Base Line, Highland CA. Please contact the Fire Marshal for information on the design requirements. ( 909) 864- 2136, ext. 248.

13. Prior to the issuance of Building Permits, on site water service shall be installed and approved by the responsible agency. On site fire hydrants shall be approved by the Fire Department. No flammable materials will be allowed on the site until the fire hydrants are established and approved. 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.

14. Prior to issuance of permits, site -grading certifications and compaction. reports shall be submitted to Building and Safety.

15. Prior to issuance of building permits, provide a receipt from the appropriate Unified School District stating that all school fees have been paid.

16. 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)

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

18. 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.

19. 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.

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

DATE : May 31, 2017 PAGE 1 OF 6
APPLICANT : S-P Deerfield, LLC / Aguilar Consulting, Inc.

Address
SITE LOCATION: SW Corner of Greenspot & Church
FILE / INDEX No.: 17- 001 17- 002

THIS PROJECT IS PROTECTED BY THE CITY OF HIGHLAND FIRE DEPARTMENT / CAL - FIRE / CALIFORNIA DEPARTMENT of FORESTRY and FIRE PROTECTION.

Fire Department Review of all projects is required.

SUBMIT TO FIRE MARSHAL' S OFFICE: ONE COPY OF BUILDING AND/ OR STRUCTURE PLANS FOR FIRE DEPARTMENT REVIEW.

ALL CONSTRUCTION ( New and renovations to existing) SHALL COMPLY WITH THE CALIFORNIA FIRE CODE ( 2016 edition) Along with amendments as adopted within the Highland Municipal Code ( Ord. # 387).

Note: All weather access roads ( CFC 503. 2. 3) 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 Section 4905. 4 for construction requirements.

GENERAL.

1. 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 YEARROUND BASIS. CFC Chapter 49 & HMC

2. HF31: APPROVED FIRE HYDRANT PAVEMENT MARKERS ( BLUE DOTS) SHALL BE INSTALLED AT EVERY HYDRANT.
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3. HF51: THE MAIN ELECTRICAL PANEL AND ALL SUB- PANEL( s) SHALL BE LABELED ON INSIDE COVER FOR ALL CIRCUITS, CEC 408.4

4. 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
5, HF53: A SELF -CLOSING AND LATCHING DOOR SHALL BE INSTALLED BETWEEN AN ATTACHED GARAGE AND LIVING SPACE. CBC
6, 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 OCCUPIEDE. 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.

7. EXIT SIGNS SHALL BE INTERNALLY OR EXTERNALLY ILLUMINATED BY TWO LAMPS OR SHALL BE OF THE SELF -LUMINOUS TYPE. CFC CHPTR 10; CBC
8, 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 %" MAXIMUM OPENINGS. CFC CHPTR 6; CBC; CMC

9. 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,

10. HF48: A CLASS "A" ROOF COVERING STRUCTURE WITH " BIRD STOPS" SHALL BE INSTALLED.

ACCESS:

11. 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 chapter 5, Sec 503

REETS AND
12 ACCESS ROADS, PUBLIC,

VERTICAL CLEARANCEO
F

RESIDENTIAL
HF8- ALL F THIRTEEN ( 13) EET- SIX ( 6)

I SHALL
INCHES.

MAINTAIN ACFC
503.

2.1 -63-

13. 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 14, HF10: DRIVEWAYS EXCEEDING 150 FEET SHALL HAVE A FIRE DEPARTMENT APPROVED TURNAROUND AT THE TERMINUS. CFC 603. 1. 1 / APPENDIX D, D103. 4

15. HF11: FIRE DEPARTMENT ACCESS ROADWAY( s) AND/ OR PUBLIC/ PRIVATE STREET( s) EXCEEDING ONE HUNDRED FIFTY ( 150) FEET IN LENGTH SHALL PROVIDE AN APPROVED TURN -AROUND AT THE TERMINUS ( CUL- DE- SAC). MINIMUM RADIUS SHALL BE NOT LESS THAN 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 44 FEET. CFC 503. 1. 1 / APPENDIX D, D103. 4, SBCO TRANSPORTATION STD 120/ 121

16. HF12: FIRE DEPARTMENT ACCESS ROADWAY( s); PUBLIC/ PRIVATE STREET( s) AND DRIVEWAYS SHALL NOT EXCEED 12016 GRADE. CBC 503. 2.71 APPENDIX D, D103.2 - HMC

17. 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%.

WHERE AN APPROVED ACCESS ROAD CANNOT BE PROVIDED, A FIRE PROTECTION SYSTEM SHALL BE REQUIRED AND APPROVED BY THE FIRE DEPARTMENT. CFC 503. 1. 1

18. HF16: " 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 503. 1. 2 - APPENDIX D, Sec D104. 3

19. 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. CFC 506. 6 —Appendix D 103. 5 Note: The city of Highland also requires an electronic " H" key system ( Ord. # 320) for multifamily, gated communities or secured storage facilities. HMC Chapter 15. 56

20. 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 503. 3 - APPENDIX D, D103.6 -64-

21. 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 SHALL
NANT SPACE OR OHER AREAS AS DETERMINED BY THE FIRE MARSHAL.

N CLEARLY
CFC 506
KEYS 0
EACHTENANT WATER:

22. HF25: MINIMUM REQUIRED FIRE FLOW, AS DETERMINED BYI.S. O. FORMULA, ISAS 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 X

C HYDRANTS
WITH TWO 21/ 2" OUTLET( s) AND ONE 4" OUTLET CFC
APPENDIX BAND Note:

Hydrants shall meet EVWD standards. 23,
HF29: FIRE HYDRANT SPACING SHALL BE: SINGLE
FAMILY RESIDENTIAL: 600 FEET MAXIMUM CFC
607 / APPENDIX BAND APPENDIX C. Note:

Existing fire hydrants ( off -site) can be included ifthey meet spacing requirements. Hydrants shall not be located at the 'bulb' end of cul-de- sacs. 24.

HF26: TWO SETS OF WATER DELIVERY SYSTEM PLANS, DESIGNED TO MEET THE REQUIRED FIRE FLOW FOR THIS PROJECT AND/OR DEVELOPMENT, SHALL BE SUBMITTED TOTHE FIRE DEPARTMENT FOR REVIEW AND APPROVAL. CFC 501.3 25.

HF27: APPLICANT - DEVELOPER SHALL PROVIDE ALETTER FROM THE WATER COMPANY SERVING

THE PROJECT - DEVELOPMENT, VERIFYING FINANCIAL ARRANGEMENTS HAVE BEEN MADE AND BONDED FOR THE REQUIRED WATER IMPROVEMENTS. CFC 501.3 26, HF28: FIRE HYDRANTS SHALL BE INSTALLED, INSPECTED
W

AND OPERATIONAL AS PER PRIORAPPROVED

SYSTEM DELIVERY PLANS DEL

VERY OF COMBUST BLE MATERIALS TO PRO ECCTTSITE ANY
FRAMING, CFC01.
4 / CFOOR C 33 2.
1 CONSTRUCTION 27. 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 CONSTRUCTED OR MOVED WITHIN THE JURISDICTION. WHEN ANY PORTION OF THE FACILITY OR BUILDING PROTECTED IS INEXCESS OF 160 FEET FROM A FIRE HYDRANT ON APUBLIC 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, C
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ADDRESSING — IDENTIFICATION:

28. 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 PROVIDE ILLUMINATION.

MINIMUM SIZE OF THE NUMERALS SHALL BE 8" HEIGHT, 3/ 8" STROKE, OR AS APPROVED BY THE FIRE MARSHAL.

INDUSTRIAL OCCUPANCIES SHALL HAVE ADDRESS NUMBERS OF 12" HEIGHT, ''Y2" STROKE

AND SHALL BE 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.

CFC 505. 1
29, 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 505. 2 Note: Permanent signage shall meet City standards as required by Planning.

30. HF17: THE PUBLIC AND/OR PRIVATE ROADWAYS SERVING THIS PROJECT SHALL BE IDENTIFIED WITH CITY APPROVED NAMES. CFC 505. 2

31. 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, 3/ 8" 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, 3/ 8" STROKE, ON CONTRASTING BACKGROUND SHALL BE DISPLAYED AT PROPERTY ACCESS ENTRANCE. CFC 505. 1 FIRE PROTECTION & ALARM SYSTEMS:
32, HF34: RESIDENTIAL AUTOMATIC FIRE SPRINKLERS SHALL BE INSTALLED ACCORDING TO NFPA 13D AND FIRE DEPARTMENT REQUIREMENTS, SUBMIT THREE ( 3) SETS OF SHOP PLANS WITH MATERIAL CUT SHEETS AND HYDRAULIC CALCULATIONS FOR FIRE DEPT. REVIEW AND APPROVAL PRIOR TO ANY INSTALLATION. SUBMIT COPY OF CALIFORNIA C- 16 LICENSE.

33. THE WATER METER SUPPLYING A 13D SYSTEM SHALL BE OF SUFFICENT SIZE ( usually 1- inch) TO PROVIDE THE CALCULATED FLOW REQUIREMENTS OF THE 13D FIRE SPRINKLER SYSTEM.

MINIMUM PIPE SIZE BEYOND THE WATER METER SHALL BE 1- INCH. CFC CHPTR 9; CFC 903; CBC; & HMC 8. 24; NFPA131), CHAPT. 6 & 10

34. 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 CHPTR 9; CFC 903; CBC; & HMC 8. 24
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MATIC FIRE INKLER CONTROL SHALL BE VISIBLE

35. EM
FROM FIREODEPT. ACCESS ROADWAY, AND IDENTIFY )R

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 912, 912. 2

36. 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 FEETADDITIONAL FIRE EXTINGUISHERS, SIZE AND CLASS TO BE DETERMINED BY FIRE DEPARTMENT, MAY BE REQUIRED. FIRE EXTINGUISHERS SHALL BE SERVICED BIANNUALLY AND SHALL HAVE A CURRENT SFM SERVICE TAG ATTACHED, FIRE EXTINGUISHERS ARE TO BE SERVICED EVERY TWO YEARS AND INSPECTED & TAGGED EVERY YEAR. CFC 906; APPLICABLE NFPA STANDARDS.

37. 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 907; CBC; & NFPA 72

38. HF46: SMOKE DETECTORS AND CARBON MONOXIDE 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. CFC 907; CBC

39. HF60: 2016 CALIFORNIA FIRE CODE, CHAPTER 33, FIRE SAFETY DURING CONSTRUCTION AND DEMOLITION, SHALL APPLY TO THIS PROJECT. IT IS THE REPSONSIBILITY OF THE PROJECT MANAGER TO MEET WITH THE FIRE MARSHAL TO DISCUSS REQUIREMENTS SPECIFIC TO THIS

PROJECT,

40. 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 Department
909) 864- 6861 X 248
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James Morales, Jr.

Chairman of the Boord
Ronald L. Coats
Vice Chairman
Chris Carrillo
Governing Boord Member
Phillip R. Goodrich
Governing Boord Member
Ms. Kim Stater
Assistant Community Development Director
City of Highland
27215 Baseline
Highland, CA 92346
Phone: 909- 864- 6861 x 204
David E. Smith
Governing Board Member
Michael Moore, P.E.

Generol Monger/ CEO
31111 Greenspot Road
Highland, CA 92346
909) 889-9501
www.eastvalley.org
January 30, 2024
Subject: Comment Response to Proj 42 akace
for " Blossom
TTM 20090 and PM
Trails"
1995g
East Highlands
Ranch Planning Areas 40 ft ,
Dear Ms. Stater,
Prior to the City of Highlands incorporation, the East Valley Water District ( District) and past developers related to the East Highlands Ranch Development entered into an agreement under certain terms and conditions of the original Planned Unit Development PUD). Due to the change of nature of the development, number of units, as well as other impacts affecting the terms and conditions of the original PUD, the Districts performance under any previous agreements is dservicesThrough to the above` mentionedopment Agreement projectfor
intends to serve water a
sewer
domestic, fire protection, and sanitary sewer purposes.

All improvements necessary for water and sewer services are subject to approval by the District and must meet all District Standards. Developer must comply with all District rules, regulations, policies and procedures, including payment for all capital improvements, main lines, extensions, water/ sewer capacity or commitments of the District' s resources. The District will operate and maintain all water and sewer improvements upon their dedication to the East Valley Water District.

Sincerely,
A9n ,
Senior Engineer
East Valley Water District

LEADERSHIP I PARTNERSHIP I STEWARDSHIP
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a:

SBD
IF,,, c. r- nW-,ioncrl Air(. -;Orr
Kim Stater
Assistant Community Development Director
City of Highland
Community Development Department
27215 Base Line Street
Highland, CA 92346
January 18, 2024
San Bernardino International Airport Authority
1601 E. Third Street, San Bernardino, CA 92408
909) 382- 4100 phone 1 ( 909) 382-4106 fax
Blossom Trails Residential Development Comment Letter — Avigation Easement Ms. Stater:

This letter is a reply to your request for comments to the Project Notice of the proposed Blossom Trails Residential Subdivision & East Highlands Ranch Development Agreement — Extension of Time consisting of the subdivision of approximatelwithi theplanned homes and a .3 acre recreation center along the south side of Greenspot Road, community of East Highlands Ranch, Assessor' sParcel Numbers: 1204-401-02 & 1201- 431- 61. The San Bernardino International Airport is a commercial airport operated in accordance with Federal Aviation Regulation Part 139. The Airport' sinfrastructure is designed toaccommodate all aircraft types, up -to and including thelargest aircraft operating inthe world today. Currently, the Airport supports approximately 50,000 annual aircraft operations, aflight training center, business jet terminal, commercial airline passenger service, USFS aerial tanker activity, and is the 26t" busiest air cargo airport inthe United States. The
proposed project is located within the Airport Influence Area, Zone 6 as further defined iand theCalifornia
Airport Land Use Planning Handbook, and also within the extended runway approach departure paths extensively used by general aviation, corporate jet, and large commercial aircraft. Housing located within the Airport Influence Area and extended runway centerline may negatively affect future residents with single event and cumulative aircraft noise impacts. The Airport respectfully requests thatthe City of Highland condition this project onthe execution ofan Avigation Easement infavor of San Bernardino International Airport, and consider noise attenuating materials into the project structures. Asample avigation easement and Airport Influence Area Map are attached for your reference. If you have any questions or would like to further discuss, please contact me at (909) 382- 4100, ext 131. Sincerely,
San
Bernardino International Airport Authority Mark
Gibbs Director
of Aviation cc:

Mike Burrows info@sbdairport.
com l.www. sbdairport. com
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ATTACHMENT 5
Resolution to Extend
Tentative Parcel Map No. 19958
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RESOLUTION NO. 2024 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HIGHLAND APPROVING A TWO- YEAR EXTENSION OF TIME ( EXT 24- 002) FOR TENTATIVE PARCEL MAP NO. 19958 ( TPM 17- 002) RELATED TO THE PROPOSED 137- UNIT " BLOSSOM TRAILS" HOUSING DEVELOPMENT WITHIN PLANNING AREAS 40 AND 42 OF THE EAST HIGHLANDS

RANCH PLANNED UNIT DEVELOPMENT, AND MAKING A FINDING

THAT NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED
PURSUANT TO CEQA GUIDELINES SECTION 15162.

APPLICANT: S- P DEERFIELD, LLC
A. RECITALS

1. On February 7, 2006, the Planning Commission recommended that the City Council approve Amendments to the East Highlands Ranch Planned Unit Development ( PUD 05- 003), Tentative Tract Map No. 16448 ( SUB 05- 003) and Tentative Parcel Map No. 17630 ( MS 05- 005).

2. On February 28, 2006, the City Council adopted Resolutions No. 2006- 007, 2006- 008, 2006- 009, and 2006-010, approving the Amendments to the East Highlands Ranch Planned Unit Development ( PUD 05- 003), Tentative Tract Map No. 16448 ( SUB 05- 003) and Tentative Parcel Map No. 17630 ( MS 05- 005).

3. On October 30, 2017, the Applicant submitted an application to replace Tentative Tract Map No. 16448 ( SUB 05- 003) with Tentative Tract Map No. 20090 ( TTM 17- 001), to replace Tentative Parcel Map No. 17630 ( MS 05- 005) with Tentative Parcel Map No. 19958 ( TPM 17- 002), an Addendum to the Mitigated Negative Declaration and an amendment to the Mitigation Monitoring and Reporting Program ( ENV- 18- 006) to the East Highlands Ranch Planned Unit Development ( PUD 05- 003).

4. On February 20, 2018, the Planning Commission recommended that the City Council approve Tentative Tract Map No. 20090 ( TTM 17- 001), Tentative Parcel Map No. 19958 ( TPM 17- 002), an Addendum to the Mitigated Negative Declaration and an amendment to the Mitigation Monitoring and Reporting Program ( ENV- 18- 006).

5. On March 13, 2018, the City Council adopted Resolutions No. 2018- 006, 2018- 007, 2018- 008, approving Tentative Tract Map No. 20090 ( TTM 17- 001), Tentative Parcel Map No. 19958 ( TPM 17- 002), the Addendum to the Mitigated Negative Declaration and the amendment to the Mitigation Monitoring and Reporting Program ( ENV- 18- 006).

6. On April 20, 2021, the Planning Commission adopted Resolution No. 2021- 004 and 2021- 005, approving an Extension of Time ( EXT 22- 001) application for a one ( 1) year extension of Tentative Parcel Map No. 19958 ( TPM 17- 002) and -71-
Tentative Tract Map No. 20090 ( TTM 17- 001), with new expiration dates of March 13, 2021.

7. On April 19, 2022, the Planning Commission adopted Resolution No. 2022- 009 and 2022- 010, approving an Extension of Time ( EXT 22- 001) application for a one ( 1) year extension of Tentative Parcel Map No. 19958 ( TPM 17- 002) and Tentative Tract Map No. 20090 ( TTM 17- 001), with new expiration dates of March 13, 2022.

8. On February 21, 2023, the Planning Commission adopted Resolution No. 23- 006 and 23- 005, approving an Extension of Time ( EXT 23- 001) application for a one ( 1) year extension of Tentative Parcel Map No. 19958 ( TPM 17- 002) and Tentative Tract Map No. 20090 ( TTM 17- 001), with new expiration dates of March 13, 2023.

9. Section 2. 2. 4 of the Development Agreement provides that any tentative parcel or tract map approved by City, for any portion of the Covered Property, shall have a term of five years with the option for the Owner to apply for two year extensions not to exceed an aggregate term of nine years. Tentative Tract Map No. 20090 ( TTM 17- 001) was approved on March 18, 2018 but only had a three year term instead of the five year term required by the Development Agreement. Tentative Tract Map No. 20090 ( TTM 17- 001) was subsequently granted three, one- year extensions for a total term of six years. The Development Agreement allows Tentative Parcel Map No. 19958 ( TTM 17- 002) to be valid for nine years and, as such, the City is permitted to extend Tentative Parcel Map No. 19958 ( TTM 17- 002) up until March 13, 2027.

10. On October 30, 2023, the Applicant submitted an Extension of Time ( EXT ( 24- 002) application to extend the expiration date of Tentative Parcel Map No. 19958 ( TPM 17- 002) and Tentative Tract Map No. 20090 ( TTM 17- 001) an additional two ( 2) years. Concurrently, the Applicant submitted an Extension of Time application ( EXT 24- 001) to extend the term of the related East Highlands Ranch Planned Unit Development ( EHR PUD) Development Agreement and Impact Fee Development Agreement for five (5) years.

11. On February 20, 2024, the Planning Commission held a duly noticed public hearing at which interested parties had an opportunity to testify in support of, or in opposition to, the Extension of Time Application ( EXT 24- 002). At the close of the public hearing, the Planning Commission adopted Resolution No. 24- 004, recommending that the City Council approve Extension of Time Application ( EXT 24-002) for Tentative Parcel Map No. 19958.

12. On March 12, 2024, the City Council held a duly noticed public hearing at which time interested parties had an opportunity to testify in support of, or opposition to Extension of Time Application ( EXT 24- 002) for Tentative Parcel Map 19958 attached as Exhibit " 1 ".

13. All legal prerequisites to the adoption of this Resolution have occurred. -72-
B. RESOLUTION
NOW THEREFORE, it is hereby found, determined and resolved by the City Council of the City of Highland 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. 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. On February 28, 2006, the City Council of the City of Highland adopted Resolution No. 2006- 007 adopting a Mitigated Negative Declaration MND") and a Mitigation Monitoring and Reporting Program (" MMRP") for an amendment to the East Highlands Ranch Planned Development for the Blossom Trails community. An Addendum to the adopted MND addressed changes to the original project and was approved by the Highland City Council in 2018 ( Resolution No. 2018- 006). The Addendum discussed a revised proposal for the Blossom Trails development to be reduced from 306 multi -family residential units to 137 single-family homes. The Addendum determined that no further detrimental effects would be triggered and that the anticipated impacts from the MND would continue to be addressed by the implemented mitigation measures or by present day regulations.

Pursuant to the California Environmental Quality Act (" CEQA") ( Cal. Pub.

Res. Code § 21000 et seq.) and the State Guidelines ( the " Guidelines") ( 14 Cal. Code Regs. § 15000 et seq.), the City Council has considered the potential environmental impacts of the Project. The City Council has independently reviewed the MND, and the Addendum to the MND, and based upon the whole record before it, and based on its independent review and judgment, finds that that the Project, is not subject to further environmental review pursuant to the Guidelines because:
1) The Project and the circumstances under which the Project is undertaken do not involve substantial changes which will result in new significant environmental effects, and that the Project does not involve new information of substantial importance which shows that the Project will have significant effects not discussed in the MND or the Addendum to the MND; 2) All potential environmental impacts associated with the Project are adequately addressed by the MND, and the mitigation measures contained in the MND will reduce certain impacts to a level that is less than significant; and
3) The Project has been evaluated against the previous analysis in the MND, to ensure that extending the approval time for the Tentative Tract Map and Tentative Parcel Map and the extension to the Development Agreement and the Impact Fee Development Agreement does not create new significant impacts or substantially increase the severity of previously -73-
analyzed impacts as compared to those identified previously. It has been determined that the analyses and the conclusions in the MND remain valid and that the Project is " within the scope" pursuant to CEQA Guidelines Section 15162 ( a).

Section 4. Tentative Parcel Map No. 19958 Findings of Fact covering EHR Planning Areas 40 and 42. Pursuant to California Government Code Section 66474 the City Council hereby finds and determines that:
a. The proposed map is consistent with the applicable General and Specific Plans as specified in Section 65451.

Response: The subdivision of 25. 5 acres of land by TPM 19958 into four ( 4) parcels is intended to be a financing map defining the future phases of development for Tentative Tract Map 20090 which has proposed 137 single- family residential lots. This parcel map does not propose any development unto itself but aids developing the types of uses envisioned by the existing General Plan Planned Development of the East Highlands Ranch Planned Unit
Development. This site is noted as a " Pipeline Project" in the City's 6th Cycle Housing Element ( 2021- 2029) as accommodating 137 above moderate" housing units in the Planned Development Zone Housing Element Section 4. 3. 1 Blossom Trails).
b. The design or improvement of the proposed subdivision is consistent with applicable General and Specific Plans.

Response: The proposed configuration of the parcel map coincides with proposed phasing of development for Tentative Tract Map 20090 and is consistent with the General Plan. The configuration of lots accounts for the required improvements of Greenspot Road along the subdivision boundary and complies with the Circulation Element of the General Plan. The project is consistent with the General Plan including the 6th Cycle Housing Element. The project helps to achieve Goal 1: A preserved and enhanced housing stock within high -quality Neighborhoods; Goal 2: A diverse range and adequate supply of housing types that align with the needs of all current and future Highland households, Policy 2. 3: Ensure new residential and mixed -use developments are adequately served by park and recreation, libraries, transportation, public safety, and other public services and facilities; and Policy 2.4: Encourage the development of a range of housing types in targeted areas of the City, such as inventoried vacant residential sites, Planned Development districts, Mixed -Use districts, special Policy Areas identified in the Land Use Element, and areas with access to resources and amenities.

Lawful Conditions of Approval have been applied to the project to ensure compliance with applicable General Plan and Development -74-
Code provisions. Implementation of the Development Standards within the EHR PUD will further ensure consistency with the General Plan and EHR PUD. There are no Specific Plans affecting the site.

C. The site is physically suitable for the type of development.

Response: The site is fairly flat without any unusual features and is located within an urbanized area with existing services and infrastructure available to the Site. The proposed Tentative Parcel Map No. 19958 subdivides 25. 5 acres into four (4) separate parcels for financing that defines the phases of development based on the configured lots and roadway within Tentative Tract Map 20090. d. The site is physically suitable for the proposed density of development.

Response: Tentative Parcel Map No. 19958 is not intended for development but is intended to facilitate development in concert with Tentative Tract Map No. 20090 which will permit residential development with recreational amenities at a density of approximately 6 dwelling units per acre. The map is consistent with the proposed HER PUD for the property and permitted by the Planned Development Designation in the General Plan and Zoning Code. The site is physically suitable for the proposed density of development.
e. That the design of the subdivision and the proposed improvements are not likely cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

Response: The project site is adjacent to existing single- family residential development on two sides. The proposed Tentative Parcel Map No. 19958 does not propose or define development but rather defines phased development areas. It has been conditioned to comply with the City of Highland Municipal Code and EHR PUD Conditions of Approval and related Mitigation Measures. Subject to compliance with the Conditions of Approval, the design of the Subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidable injure fish or wildlife or their habitat.

That the design of the subdivision or type of improvements is not likely to cause serious public health problems.

Response: The proposed Tentative Parcel Map No. 19958 acts as a development phasing map for Tentative Tract Map No. 20090 and does not propose any development, thus it will not cause public health problems.
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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 design of the subdivision will not conflict with easements for access through, or use of, property within the proposed subdivision. No public access is currently taken over this project site. The proposed Tentative Parcel Map No. 19958 is a phasing map for Tentative Tract Map No. 20090 and does not propose any development.

Section 5. Based on the Findings of Fact and Conclusions set forth above, the City Council approves the Application, granting a two ( 2) year Extension of Time for Tentative Parcel Map No. 19958 (EXT 24- 002/TPM 17- 002).

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 12t" day of March, 2024.

Penny Lilburn, Mayor
ATTEST:

Alondra Munoz
City Clerk
APPROVED AS TO FORM:

Maricela Marroquin
City Attorney
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Exhibit' 1"
Tentative Parcel Map No. 19958
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A i' r'
e
Em.
ens
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ATTACHMENT 6
Ordinance to Extend the EHR PUD
Development Agreement
-79-
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HIGHLAND,

CALIFORNIA, APPROVING A FOURTH AMENDMENT TO THE DEVELOPMENT

AGREEMENT BETWEEN S- P DEERFIELD, LLC AND S- P EAST HIGHLANDS, LLC

AND THE CITY OF HIGHLAND WITHIN THE EAST HIGHLANDS RANCH PLANNED

UNIT DEVELOPMENT
THE CITY COUNCIL OF THE CITY OF HIGHLAND HEREBY ORDAINS AS FOLLOWS:

Section 1. Procedural Findings.

A. On or about March 14, 2000, the City of Highland ( the " City") and S- P East Highlands, LLC, entered into a Development Agreement, recorded as Document No. 20000145605 in Official Records of the San Bernardino County Recorder, for development of a multi -phased master planned community known as East Highlands Ranch (" EHR"), more particularly described on Exhibit "A" hereto and incorporated in full herein.

B. On or about February 28, 2006, the City Council adopted Resolution No. 2006-008 approving an amendment to the EHR Planned Unit Development ("EHR PUD"), the Supplement to the Development Standards Report ( the " Supplement") and the Planning Conditions ( PUD 05- 003), Resolution No. 2006-009 adopting Tentative Tract Map 16488 ( SUB- 05- 001) ( a subdivision of fourteen single family detached residential lots at a minimum of 5, 500 square feet on 3. 9 acres within the EHR PUD Planning Area 39), and Resolution No. 2006- 010 adopting Parcel Map 17630 ( MS 05- 005) ( a subdivision of four residential lots on 25 acres within EHR PUD Planning Areas 40 and 42).

C. On or about March 26, 2006, the City Council of the City of Highland adopted Ordinance No. 304 approving the First Amendment to the Development Agreement between the City of Highland ( the " City") and S- P East Highlands, LLC and S- P Deerfield, LLC, recorded as Document No. 2006- 0330458 in the Official Records of the San Bernardino County Recorder, extending the term of the Development Agreement through October 30, 2014.

D. On June 10, 2014, the City Council of the City of Highland adopted Ordinance No. 391, approving a Second Amendment to the Development Agreement extending the term of the Development Agreement by five years, expiring on October 30, 2019.

E. On March 27, 2018, the City Council of the City of Highland adopted Ordinance No. 423, approving a Third Amendment to the Development Agreement extending the term of the Development Agreement by five years, expiring on October 30, 2024.

F. S- P Deerfield LLC, is the successor in interest for Planning Areas 40 and 42, and to S- P East Highlands, LLC. S- P East Highlands, LLC has retained the rights, -80-
interest and entitlements to the remainder of the EHR PUD. S- P Deerfield, LLC and S- P East Highlands, LLC are collectively referred to herein as " Spring Pacific".

G. On October 30, 2023, S- P Deerfield, LLC (" Spring Pacific") applied for ( 1) a five ( 5) year extension of the term of the EHR PUD Development Agreement related to Planning Areas 40 and 42 only, ( 2) a five ( 5) year extension of the term of the DIF Development Agreement related to Planning Areas 40 and 42 only, ( 3) a two ( 2) year extension of time ( Extension of Time EXT 24- 001) for Tentative Tract Map No. 20090 TTM 17- 001) creating a 137 residential lot subdivision over 25. 5 acres; and ( 4) a two (2) year extension of time ( EXT 24- 002) for Tentative Parcel Map No. 19958 ( TPM 17- 002) configuring four ( 4) lots for financing and phasing of the project. The aforementioned entitlements are referred to collectively as "the Project". The extension of the term of the Development Agreement, extending the term until October 30, 2029 is the subject matter of this ordinance (" Fourth Amendment").

H. On February 20, 2024, the Planning Commission of the City of Highland held a duly noticed public hearing to consider the Project and at the conclusion of the hearing and after considering the staff report and public comments, adopted Resolution No. 2024- 04 recommending the City Council approve the Project.

I. This Ordinance, and the Fourth Amendment to the Development Agreement effected hereby, is only intended to affect and apply to the development of Planning Areas 40 and 42 ( the " Covered Property,") as shown on Exhibit " B" hereto and incorporated herein in full.

Section 2. Legislative Findings. Based on the full record of these proceedings, pursuant to Highland Municipal Code Section 16. 08. 080, the City Council hereby finds that the proposed Fourth Amendment to the Development Agreement:

A. Is consistent with the objectives, policies, general land uses, and programs specified in the general plan and any applicable specific plan.

Response: The Project' s established standards will permit residential development and recreational amenities at a density slightly above 6 dwelling units per acre. The proposed subdivision is consistent with the EHR PUD, and permitted by the site's Planned Development Designation in the General Plan and Zoning Code. The site is physically suitable for the proposed density of development and contributes to the diversity of housing encouraged by the General Plan and will not adversely affect the orderly development of property.

The Blossom Trails development and extension are consistent with the policies of the City' s Certified 6th Cycle Housing Element ( 2021- 2029). Blossom Trails is categorized in the Housing Element as a " Pipeline Project" meaning that it is a project " seeking entitlements or actively pursuing construction or having perspective development to be built within the planning period." There are nine such Pipeline Projects, including Blossom Trails that total 752 housing units. Blossom Trails is described in Section 4. 1. 3 of the Housing Element as a residential housing development in East Highlands Ranch that will include 137 single-family units on approximately 25. 5 acres at an approximate density of -81-

5. 4 dwelling units per acre. It notes that the City adopted the development's Tentative Tract Map ( TTM 17- 001, No. 20090) and Tentative Parcel Map ( TPM 17- 002, No. 19958) in March 2018. The 137 units are categorized as " above moderate" housing units within Higher Resources Areas" in the Planned Development Zone.

B. Is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is or will be located.

Response: The Project will create 137 single-family residential lots which is consistent with the surrounding development and with the types of uses envisioned by the existing General Plan land use designation of Planned Development with a density equivalent to the Medium Density Residential land use designation. The Project also complies with the Planned Development Designation which allows any density that is compatible with surrounding existing and planned uses as determined through the development review process. In addition, the map is consistent with the proposed planned development of the East Highland Ranch Planned Unit Development. The Project is consistent with the East Highlands Ranch Land Use standards for SFD- V which allows a minimum 3, 600 square foot lot size for single- family detached dwelling units.

C. Is in conformity with and will promote public convenience, general welfare and good land use practice.

Response: The Project site is flat without any unusual features and it is located within an urbanized area with existing services and infrastructure available to the Project.

It is adjacent to existing single- family residential development to the north and east. The proposed development standards establish the criteria by which TTM 20090 was conceived with 137 single family lots, orderly circulation, and on -site recreational amenities will promotes good land use practices for public convenience and the general welfare of the community it creates.

D. Will not be detrimental to the health, safety and general welfare.

Response: The Project has been reviewed by Planning, Engineering, Building and Safety, the Fire Department and the Police Department and the development standards and the subdivision map design with conditions of approval will not cause serious public health problems.

E. Will not adversely affect the orderly development of property or the preservation of property values.

Response: This Project will not adversely affect orderly development or property values. The proposed amendments establish standards that permit the development of a well -planned single-family residential subdivision that will be desirable for the development of the community and consistent the surrounding development and with the types of uses envisioned by the existing General Plan Planned Development.

F. Will promote and encourage the development of the proposed project by providing a greater degree of requisite certainty.
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Response: The Project establishes development standards which, as followed, permit residential development and recreational amenities at a density slightly above 6 dwelling units per acre providing a greater degree of requisite certainty that development of the type proposed will be achieved.

G. Is consistent with the provisions of California Government Code Sections 65864 through 65869. 5.

Response: The Development Agreement includes all the mandatory provisions identified by California Government Code Sections 65864 through 65869. 5 including, without limitation, periodic reviews, the duration of the agreement, the permitted uses of the Property, the density or intensity of uses, the maximum height and sizes of proposed buildings and provisions for the reservation or dedication of land for public purposes. The City has also complied with all procedural mandates for the adoption of a Development Agreement as required by applicable law. Thus, the Development Agreement is consistent with the provisions of California Government Code Sections 65864 through 65869. 5
Section 3. CEQA.

A. On February 28, 2006, the City Council of the City of Highland adopted Resolution No. 2006- 007 adopting a Mitigated Negative Declaration (" MND") and a Mitigation Monitoring and Reporting Program (" MMRP") for an amendment to the East Highlands Ranch Planned Development for the Blossom Trails community. An Addendum to the MND addressed changes to the original project and was approved by the Highland City Council in 2018 ( Resolution No. 2018- 006). The Addendum discussed a revised proposal for the Blossom Trails development to be reduced from 306 multifamily residential units to 137 single- family homes. The Addendum determined that no further detrimental effects would be triggered and that the anticipated impacts from the MND would continue to be addressed by the implemented mitigation measures or by present day regulations.

B. Pursuant to the California Environmental Quality Act (" CEQA") ( Cal. Pub.

Res. Code § 21000 et seq.) and the State Guidelines ( the " Guidelines") ( 14 Cal. Code Regs. § 15000 et seq.), the City Council has considered the potential environmental impacts of the Project. The City Council has independently reviewed the MND, and the Addendum to the MND, and based upon the whole record before it, and based on its independent review and judgment, finds that that the Project, is not subject to further environmental review pursuant to the Guidelines because:
1) The Project and the circumstances under which the Project is undertaken do not involve substantial changes which will result in new significant environmental effects, and that the Project does not involve new information of substantial importance which shows that the Project will have significant effects not discussed in the MND or the Addendum;
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2) All potential environmental impacts associated with the Project are adequately addressed by the MND, the Addendum to the MND, and the mitigation measures contained in the MND will reduce certain impacts to a level that is less than significant; and
3) The extension of time requests for TTM 17- 001 and TPM 17- 02, and the extension of the term for the EHR PUD Development Agreement and the DIF Development Agreement have been evaluated against the previous analysis in the MND and Addendum to the MND, to ensure that extending the approval time does not create new significant impacts or substantially increase the severity of previously analyzed impacts as compared to those identified previously. It has been determined that the analyses and the conclusions in the MND and Addendum to the MND remain valid and that the Project is within the scope" pursuant to CEQA Guidelines Section 15162 ( a) 4) The custodian of records for the MND, and the Addendum, and all other materials that constitute the record of proceedings upon which the City Council' s action is based, is the Planning Department of the City of Highland. Those documents are available for public review in the Planning Department located at 27215 Base Line, Highland, CA, 92346.

Section 4. Approval of Amendment. Based upon the aforementioned findings, the City Council hereby approves the Fourth Amendment to the Development Agreement attached hereto as Exhibit " C" and authorizes the Mayor to execute the same in substantially the same form attached hereto as Exhibit " C" to this Ordinance.

Section 5. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.

Section 6. Recording of this Ordinance. Pursuant to the terms of Government Code Section 65868. 5, within ten ( 10) days after the City adopts this Ordinance, the City Clerk shall have this Ordinance Approving the Fourth Amendment to the Development Agreement recorded in the Official Records of the San Bernardino County Recorder. If the parties to this Fourth Amendment to the Development Agreement or their successor( s) in interest amend or cancel the Development Agreement as amended hereby, as provided in Government Code Section 65868, or if the City determines to terminate or modify the Development Agreement as provided in Government Code Section 65865. 1 for failure of the Applicant to materially comply in good faith with the terms or conditions in the Agreement, as amended, then the City Clerk shall have notice of such action recorded with the San Bernardino County Recorder. From and after the time of such recordation, the Development Agreement, as amended hereby, shall impart such notice thereof to all persons as is afforded by the recording laws of this State.
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Section 7. Certification. The City Clerk shall certify to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the City' s official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days after its adoption. The executed Development Agreement shall be recorded against the title to the property.
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PASSED, APPROVED AND ADOPTED this 9th day of April, 2024.

Penny Lilburn
Mayor
ATTEST:

Alondra Munoz
City Clerk
APPROVED AS TO FORM:

Maricela Marroquin
City Attorney
c:\ nrportbl\ rwg iman 1 \ mmarroquin\ 2932057_ 1. docx -86-
EXHIBIT " A"
PORTIONS OF SECTIONS 26, 25, AND 36, TOWNSHIP 1 NORTH, RANGE 3

WEST, SAN BERNARDINO BASE AND MERIDIAN, TOGETHER WITH
PORTIONS OF SECTIONS 1, 2, AND 3 TOWNSHIP 1 SOUTH, RANGE 3 WEST,

SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN

BERNARDINO, STATE OF CALIFORNIA, AS SHOWN BY A RECORD OF SURVEY ON FILE IN BOOK 42, RECORDS OF SURVEY, PAGES 5 THROUGH 20 INCLUSIVE, RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

PARCEL " A"

THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID
SECTION 26, TOGETHER WITH THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 26, TOGETHER WITH THAT PORTION OF THE SOUTHWEST QUARTER OF SAID SECTION 26 LYING SOUTHEASTERLY OF

THE BROW OF THE SOUTHEASTERLY BLUFF OF COOK' S CANYON AS DESCRIBED IN THE DEED RECORDED IN BOOK 122, PAGE 144, OF DEED, RECORDS, OF SAID COUNTY, ALL AS SHOWN BY SAID RECORD OF SURVEY.

PARCEL" B"
THE NORTH HALF OF SAID SECTION 36, TOGETHER WITH THE NORTH HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 36, TOGETHER WITH THE NORTH HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 36,

TOGETHER WITH THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 36, ALL AS SHOWN BY SAID RECORD OF SURVEY.

PARCEL " C"
ALL OF SAID SECTION 35, AS SHOWN BY SAID RECORD OF SURVEY.

EXCEPTING THEREFROM ANY PORTION THEREOF LYING WITHIN THE NORTH FORK DITCH, AS SHOWN BY SAID RECORD OF SURVEY.

ALSO EXCEPTING THEREFROM ANY PORTION THEREOF LYING WITHIN

THAT CERTAIN PARCEL OF LAND DESCRIBED IN THE DEED TO THE EAST SAN BERNARDINO COUNTY WATER DISTRICT, RECORDED SEPTEMBER 15, 1971, IN BOOK 7753, PAGE 494, OFFICIAL RECORDS OF SAID COUNTY.

ALSO EXCEPTING THEREFROM ANY PORTION THEREOF LYING WITHIN

THAT CERTAIN PARCEL OF LAND DESCRIBED IN THE DEED RECORDED APRIL 12, 1991, INSTRUMENT NO. 91- 122858, OFFICIAL RECORDS OF SAID COUNTY.

ALSO EXCEPTING THEREFROM ANY PORTION THEREOF LYING

WITHIN THAT CERTAIN PARCEL OF LAND DESCRIBED IN THE DEED RECORDED DECEMBER 31, 1992, INSTRUMENT NO. 92- 543649, OFFICIAL RECORDS OF SAID COUNTY.
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ALSO EXCEPTING THEREFROM ANY PORTION THEREOF LYING EASTERLY OF THE EASTERLY LINE OF TRACT NO. 12307- 1, AS SHOWN PER PLAT ON FILE IN BOOK 179 OF MAPS, PAGES 81 THROUGH 86, INCLUSIVE, RECORDS

OF SAID COUNTY, AND SOUTHWESTERLY OF THE SOUTHWESTERLY LINE OF TRACT NO. 13469, AS SHOWN PER PLAT ON FILE IN BOOK 205 OF MAPS, PAGES 78 THROUGH 83, INCLUSIVE, RECORDS OF SAID COUNTY.

ALSO EXCEPTING THEREFROM LOT 2 AND LOT " X" OF TRACT NO. 13551, AS SHOWN BY PLAT ON FILE IN BOOK 224 OF MAPS, PAGES 39 THROUGH 41, INCLUSIVE, RECORDS OF SAID COUNTY.

ALSO EXCEPTING THEREFROM ANY PORTION THEREOF LYING WITHIN TRACT NO. 13550, AS SHOWN BY PLAT ON FILE IN BOOK 206 OF MAPS, PAGES 3 THROUGH 9, INCLUSIVE, RECORDS OF SAID COUNTY.

ALSO EXCEPTING ANY PORTION THEREOF LYING WITHIN TRACT NO. 12307- 1, AS SHOWN BY PLAT ON FILE IN BOOK 179 OF MAPS, PAGES 81 THROUGH 86, INCLUSIVE, RECORDS OF SAID COUNTY.

ALSO EXCEPTING THEREFROM ANY PORTION THEREOF LYING WITHIN TRACT NO. 12307- 2, AS SHOWN BY PLAT ON FILE IN BOOK 202 OF MAPS, PAGES 38 THROUGH 40, INCLUSIVE, RECORDS OF SAID COUNTY.

ALSO EXCEPTING THEREFROM ANY PORTION THEREOF LYING WITHIN TRACT NO. 12307, AS SHOWN BY PLAT ON FILE IN BOOK 202 OF MAPS, PAGES 41 THROUGH 43, INCLUSIVE, RECORDS OF SAID COUNTY.

ALSO EXCEPTING THEREFROM ANY PORTION THEREOF LYING WITHIN TRACT NO. 12306, AS SHOWN BY PLAT ON FILE IN BOOK 179 OF MAPS, PAGES 79 AND 80, RECORDS OF SAID COUNTY.

ALSO EXCEPTING THEREFROM ANY PORTION THEREOF LYING WITHIN TRACT NO. 13469, AS HOWN BY PLAT ON FILE IN BOOK 205 OF MAPS, PAGES 78 THROUGH 83, INCLUSIVE, RECORDS OF SAID COUNTY.

ALSO EXCEPTING THEREFROM ANY PORTION THEREOF LYING WITHIN PARCEL MAP NO. 12928, AS SHOWN BY PLAT THEREOF ON FILE IN BOOK 148 OF PARCEL MAPS, PAGES 73 AND 74, RECORDS OF SAID COUNTY.

PARCEL " D"

THAT CERTAIN PARVEL OF LAND DESCRIBED IN A DEED RECORDED AS INSTRUMENT NO. 93- 522560, OFFICIAL RECORDS OF SAID COUNTY;

TOGETHER WITH THAT CERTAIN PARCEL OF LAND DESCRIBED IN THE DEED RECORDED AS INSTRUMENT NO. 93- 522561, OFFICIAL RECORDS OF SAID COUNTY.

PARCEL " E"
THAT PORTION OF SAID SECTION 1, LYING NORTHERLY OF THE CENTER

LINE OF THE NORTH FORK DITCH, AS SHOWN BY SAID RECORD OF SURVEY.
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EXCEPTING THEREFROM ANY PORTION THEREOF LYING WITHIN TRACT NO. 13729, AS SHOWN BY PLAT ON FILE IN BOOK 235 OF MAPS, PAGES 30 THROUGH 35, INCLUSIVE, RECORDS OF SAID COUNTY.

PARCEL " F"
PARCELS 2, 3, AND 4 OF PARCEL MAP NO. 14348, AS SHOWN BY PLAT ON FILE IN BOOK 168 OF PARCEL MAPS, PAGES 12 AND 13, RECORD OF SAID COUNTY.

PARCEL " G"

THE SOUTH HALF OF THE NORTHWEST QUARTER AND THE NORTH HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 2.

EXCEPTING THEREFROM ANY PORTION THEREOF LYING WITHIN PARCEL MAP NO. 14348, AS SHOWN BY PLAT ON FILE IN BOOK 168 OF PARCEL MAPS, PAGES 12 AND 13, RECORDS OF SAID COUNTY.

ALSO EXCEPTING THEREFROM ANY PORTION THEREOF LYING WITHIN TRACT NO. 12924, AS SHOWN BY PLAT ON FILE IN BOOK 193 OF MAPS, PAGES 22 THROUGH 26, INCLUSIVE, REOCRDS OF SAID COUNTY.

ALSO EXCEPTING THEREFROM ANY PORTION THEREOF LYING WITHIN TRACT NO. 13549, AS SHOWN BY PLAT ON FILE IN BOOK 214 OF MAPS, PAGES 51 THROUGH 54, INCLUSIVE, RECORDS OF SAID COUNTY.

ALSO EXCEPTING THEREFROM ANY PORTION THEREOF LYING WITHIN TRACT NO. 13740, AS SHOWN BY PLAT ON FILE IN BOOK 240 OF MAPS, PAGES 51 THROUGH 54, INCLUSIVE, RECORDS OF SAID COUNTY.

ALSO EXCEPTING THEREFROM ANY PORTION THEREOF LYING WITHIN TRACT NO. 15252, AS SHOWN BY PLAST ON FILE IN BOOK 251 OF MAPS, PAGES 75 THROUGH 81, INCLUSIVE, RECORDS OF SAID COUNTY.

ALSO EXCEPTING THEREFROM ANY PORTION THEREOF LYING WITHIN TRACT NO. 15253, AS SHOWN BY PLAT ON FILE IN BOOK 250 OF MAPS, PAGES 67 THROUGH 72, INCLUSIVE, RECORDS OF SAID COUNTY.

ALSO EXCEPTING THEREFROM ANY PORTION THEREOF LYING WITHIN TRACT NO. 15254, AS SHOWN BY PLAT ON FILE IN BOOK 252 OF MAPS, PAGES 54 THROUGH 58, INCLUSIVE, RECORDS OF SAID COUNTY.

ALSO EXCEPTING THEREFROM THAT CERTAIN PARCEL OF LAND
DESCRIBED IN THE DEED RECORDED AS INSTRUMENT NO. 87- 399526, OFFICIAL RECORDS.

PARCEL " H"
THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 1 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE

CITY OF HIGHLAND, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,

ACCORDING TO THE OFFICIAL GOVERNMENT PLAT THEREOF ON FILE IN -89-
THE DISTRICT LAND OFFICE, DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT 30 FEET EAST AND NORTH 0 DEG. 37' WEST, 25 FEET FROM THE SOUTHWEST CORNER OF SAID SECTION 2; THENCE NORTH 89 DEG. 36' 30" EAST, 638 FEET; THENCE NORTH 0 DEG. 37' WEST, 494. 07 FEET; THENCE SOUTH 89 DEG. 36' 30' WEST, 638 FEET TO THE

EAST LINE OF CHURCH STREET, AS DESCRIBED IN THE DEED TO THE COUNTY OF SAN BERNARDINO, RECORDED SEPTEMBER 19, 1893, IN BOOK 186, PAGE 50, OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE SOUTH 0 DEG, 37' EAST TO THE POINT OF

BEGINNING,

EXCEPT THEREFROM THAT PORTION LYING EASTERLY OF THE WESTERLY LINE OF A STRIP OF LAND, 100. 00 FEET WIDE, AS DESCRIBED IN THE

DEED TO THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT, RECORDED NOVEMBER 9, 1972, IN BOOK 8057, PAGE 726, OFFICIAL RECORDS OF SAID COUNTY, BEING 50. 00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE:

COMMENCING AT A 1- 1/ 4 INCH IRON PIPE MARKING THE SOUTHWEST CORNER OF SAID SECTION 2; THENCE NORTH 0 DEG. 37' 06" WEST ALONC THE WEST LINE OF SAID SECTION 2, A DISTANCE OF 536. 17 FEET; THENCE NORTH 89 DEG. 44' 07" EAST ALONG THE CENTER OF MERRIS DRIVE, 352. 24 FEET TO 539. 33 FEET TO THE POINT OF TERMINATION IN THE

SOUTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SAID SECTION 2, SAID POINT OF TERMINATION BEING DISTANT ALONG SAID SOUTH LINE, SOUTH 89 DEG. 45' 00" EAST, 351. 76 FEET FROM SAID 1- 1/ 4 INCH IRON PIPE MARKING THE SOUTHWEST CORNER OF SAID SECTION 2.

PARCEL " I"

THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF SAID SECTION 3, LYING SOUTHERLY OF THE SOUTHERLY RIGHT- OF- WAY LINE OF EASTTHIRD STREET, 80. 00 FEET WIDE, AS SHOWN BY SAID RECORD OF SURVEY.

EXCEPTING THEREFROM THE SOUTHERLY 100. 00 FEET OF THE WESTERLY 150. 00 FEET OF SAID SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 3.
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I
NNW
PARCEL vvBvv
T. J N.
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EXHIBIT " B"
LEGAL DESCRIPTION FOR PLANNING AREAS 40 AND 42
Real property in the City of Highland, County of San Bernardino, State of California, described as follows:

PARCELI: THE
EAST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 1 SOUTH, RANGE 3 WEST, SAN. BERNARDINO

BASE AND MERIDIAN, IN THE CITY OF HIGHLAND, COUNTY OF SAN BERNARDINO, STATE

OF CALIFORNIA, ACCORDING TOTHE OFFICIAL GOVERNMENT PLAT THEREOF ON FILE IN THE DISTRICT LAND OFFICE. EXCEPT
THEREFROM THAT PORTION LYING NORTHERLY OF THE CENTER LINE OF A STRIP OF LAND, 80

FEET IN WIDTH, AS DESCRIBED INTHE DEED TO THE COUNTY OF SAN BERNARDINO RECORDED DECEMBER 11, 1931, IN BOOK 772, PAGE 333, OFFICIAL RECORDS OF SAID COUNTY. ALSO

EXCEPTING THEREFROM THAT PORTION FIRST DESCRIBED INTHE DEED TO NORTH FORK WATER COMPANY, RECORDED NOVEMBER 25, 1958, IN BOOK 4663, PAGE 201, OFFICIAL RECORDS, AND MORE PARTICULARLY DESCRIBED THEREIN AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE SAID EAST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 3; THENCE SOUTH 89 DEG. 43' 30" EAST, 150. 00 FEET ALONG THE SOUTH LINE OF SAID SECTION 3; THENCE NORTH 0 DEG. 04 45 WEST, 100. 00 FEET ON A LINE PARALLEL WITH THE WEST LINE OF THE SAID EAST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 3; THENCE NORTH 89 DEG. 43' 30" WEST, 150. 00 FEET TO A POINT IN THE SAID WEST LINE OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 3; THENCE ALONG SAID WEST LINE, SOUTH 0 DEG. 04' 45" EAST, 100. 00 FEET TO THE POINT OF BEGINNING. TOGETHER
WITH THAT PORTION OF 5TH STREET VACATED BY RESOLUTION OF THE BOARD OF SUPERVISORS SAN BERNARDINO COUNTY, CALIFORNIA, RESOLUTION NO. 93- 17 RECORDED JUNE 22, 1994, INSTRUMENT NO. 94- 277999, OFFICIAL RECORDS, ADJOINING SAID PROPERTY ON THE NORTH WHICH WOULD PASS BY OPERATION OF LAW BY A CONVEYANCE OF SAID PROPERTY. APN:
1201- 401-02 PARCEL
2: LOT
111, TRACT NO. 15252, IN THE CITY OF HIGHLAND, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 251 OF MAPS, PAGE( S) 75 THROUGH 81, INCLUSIVE, RECORDS OF SAID COUNTY, AS AMENDED BY CERTIFICATE OF CORRECTION RECORDED SEPTEMBER 7, 1999, INSTRUMENT NO. 19990377331, OFFICIAL RECORDS. TOGETHER WITH THAT PORTION OF FIFTH STREET ADJOINING LOT 111 ON THE SOUTH, VACATED BY RESOLUTION OFTHE BOARD OF SUPERVISORS SANBERNARDINO COUNTY, CALIFORNIA, RESOLUTION NO. 93- 17 RECORDED JUNE 22, 1994, INSTRUMENT NO. 94- 277999, OFFICIAL RECORDS, WHICH WOULD PASS BY OPERATION OF LAW WITH A CONVEYANCE OF SAID PROPERTY. EXCEPTING FROM LOT 111 THAT PORTION DESCRIBED AS FOLLOWS: COMMENCING ATTHE WEST CORNER OF SAID LOT 111, SAID POINT HAVING A RADIAL BEARING NORTH 18 DEG. 47' 19" WEST; THENCE NORTHEASTERLY ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHWEST, WITH A RADIUS OF 1852. 00 FEET; SAID ARC BEING THE NORTHWESTERLY LINE OF -92-
SAID LOT 111, THROUGH A CENTRAL ANGLE OF 15 DEG. 33' 39", A DISTANCE OF 502. 98 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTHEASTERLY ALONG SAID ARC THROUGH A CENTRAL ANGLE OF 02 DEG. 14' 41", A DISTANCE OF 72. 56 FEET TO THE BEGINNING OF A REVERSE CURVE WITH A RADIUS OF 1348. 00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 04 DEG. 14' 45", A DISTANCE OF 99. 89 FEET; THENCE LEAVING SAID NORTHWESTERLY LINE, SOUTH 27 DEG. 28' 13" EAST, A DISTANCE OF 111. 08 FEET TO A POINT ON THE WEST RIGHT- OF-WAY LINE OF CHURCH STREET, AS SHOWN ON SAID TRACT NO. 15252, SAID POINT HAVING A RADIAL BEARING SOUTH 84 DEG. 09' 49" EAST; THENCE SOUTHERLY ALONG AN ARC OF A CURVE HAVING A RADIUS OF 70. 00, THROUGH A CENTRAL ANGLE OF 30 DEG. 03' 55", A DISTANCE OF 36. 73 FEET TO THE BEGINNING OF A REVERSE CURVE HAVING A RADIUS OF 50. 00 FEET; THENCE SOUTHERLY ALONG AN ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 23 DEG. 33 23 , A DISTANCE OF 20. 56 FEET TO A POINT 30. 00 FEET WEST OF THE CENTERLINE OF CHURCH STREET, MEASURED AT RIGHT ANGLES; THENCE LEAVING SAID RIGHT- OF- WAY LINE, SOUTH 89 DEG. 20' 14" WEST A DISTANCE OF 163. 51 FEET; THENCE NORTH 34 DEG. 20' 58" WEST A DISTANCE OF

69. 76 FEET ALONG A LINE RADIAL TO THE NORTHWESTERLY LINE OF SAID LOT 111 TO THE TRUE POINT OF BEGINNING.

ALSO EXCEPTING FROM LOT Ill THAT PORTION DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHWEST CORNER OF SECTION 2, TOWNSHIP 1 SOUTH, RANGE 3 WEST,

SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN ON RECORD OF SURVEY RECORDED IN BOOK 42 OF SURVEYS, PAGES- 5 THROUGH 20, INCLUSIVE; THENCE NORTHERLY ALONG THE WEST LINE OF SAID SECTION, SAID LINE ALSO BEING THE CENTERLINE OF OLD CHURCH STREET, NORTH 0 DEG. 39' 50" WEST A DISTANCE OF 1117. 49 FEET TO THE POINT OF BEGINNING, SAID POINT BEING A POINT ON A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 70. 00 FEET AND A RADIAL BEARING OF NORTH 26 DEG. 02' 27" WEST, SAID CURVE BEING THE NORTHERLY RIGHT- OF- WAY LINE OF OLD GREENSPOT ROAD; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 58 DEG. 0652", A DISTANCE OF 71.00 FEET; THENCE LEAVING SAID RIGHT- OF-WAY LINE NORTH 27 DEG. 27' 31" WEST A DISTANCE OF 110. 10 FEET TO A POINT ON A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 1348. 00 FEET AND A RADIAL BEARING OF NORTH 32 DEG. 20' 23" WEST SAID CURVE BEING THE SOUTHERLY RIGHT-OF-WAY LINE OF 5TH STREET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 4 DEG. 22' 40", A DISTANCE OF 103. 00 FEET TO A POINT ON THE WEST LINE OF SAID SECTION, SAID LINE ALSO BEING THE CENTERLINE OF OLD CHURCH STREET; THENCE SOUTH 0 DEG. 39' 50" EAST A DISTANCE OF 94.55 FEET TO THE POINT OF BEGINNING.

APN:
1201- 431-61
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Exhibit " C" to City of Highland Ordinance No.

FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT
This Fourth Amendment to the Development Agreement is entered into effective on the date of its recordation, ( the " Effective Date"), by and between S- P East Highlands, LLC, a California limited liability company and S- P Deerfield, LLC, a California limited liability company ( collectively referred to as " Spring Pacific" and " Owner"), and the City of Highland, a municipal corporation (" City"). Owner and City are sometimes collectively referred to herein as the " parties."
Recitals
A. Government Code Sections 65864 through 65869. 5 and the Highland Municipal Code ( the " Development Agreement Laws") authorize the City to enter into and amend binding development agreements with persons having a legal or equitable interest in real property for the development of such property, all for the purpose of strengthening the public planning process, encouraging private participation and comprehensive planning and reducing the economic cost of such development. The City is authorized by law to amend existing development agreements which are in effect and in good standing.

B. On or about January 9, 1996, the City Council of the City of Highland adopted Ordinance No. 204 approving a Development Agreement between the City of Highland and East Highlands Ranch, Incorporated recorded as Document No. 19950240975 in the Office of the San Bernardino County Recorder ( the " Development Agreement"), providing for the development of that certain multi -phased master planned community known as East Highlands Ranch (" EHR"), and phased development pursuant to the EHR Planned Unit Development ( the " EHR PUD"). On or about March 14, 2000, the City Council of the City of Highland adopted Ordinance No. 256, repealing Ordinance No. 204, and in accordance with the Development Agreement Laws, the City and S- P East Highlands, LLC, entered into a Development Agreement, recorded as Document No. 20000145605 in the Office of the San Bernardino County Recorder ( the " Development Agreement"), providing for the development of that certain multi -phased master planned community known as East Highlands Ranch (" EHR"), and phased development pursuant to the EHR Planned Unit Development ( the " EHR PUD").

C. On or about March 26, 2006, the City Council of the City of Highland adopted Ordinance No. 304 approving a First Amendment to the Development Agreement between the City of Highland ( the " City") and S- P East Highlands, LLC and S- P Deerfield, LLC, recorded as Document No. 2006- 0330458 in the Official Records of the San Bernardino County Recorder, extending the term of the Development Agreement through October 30, 2014. At this time, the EHR PUD has been substantially developed, with the exception of Planning Areas 40 and 42 which are designated as the " Covered Property" for purposes of this Fourth Amendment to the Development Agreement. -94-
D. On June 10, 2014, the City Council of the City of Highland adopted Ordinance No. 391, approving a Second Amendment to the Development Agreement extending the term of the Development Agreement by five years, expiring on October 30, 2019.

E. On March 13, 2018, the City Council of the City adopted Ordinance No. 423, approving a Third Amendment to the Development Agreement, extending the term of the Development Agreement until October 30, 2024, recorded as Document No. 2018- 0214474 in the Official Records of the San Bernardino County Recorder.

C. S- P Deerfield, LLC represents that it is the legal successor in interest to S- P East Highlands, LLC, a California limited liability company, and has the right, title, interest and legal authority to enter into this Fourth Amendment to the Development Agreement, affecting the Covered Property. A true and correct copy of the assignment of interest from S- P East Highlands, LLC to S- P Deerfield, LLC was previously provided to the City of Highland.

D. It is the intent of the parties hereto to ( 1) provide for the continued development of the EHR PUD, ( 2) to designate Planning Areas 40 and 42 as the remaining " Covered Property" under the Development Agreement, ( 3) to extend the term of the Development Agreement to allow for the continued and orderly development of the Covered Property by providing the Owner with assurance regarding the land use regulations applicable to the Covered Property during the term of this Fourth Amendment to the Development Agreement, and assurance that the Owner and its authorized successors in interest will be able to proceed with development of the Covered Property in accordance with the specific uses, densities and types of development approved by the City Council, and ( 4) to promote comprehensive planning for the Covered Property.

E. The City has determined that the Fourth Amendment of the Development Agreement as set forth herein is consistent with the City's General Plan, and has approved this Fourth Amendment to the Development Agreement in order to promote the health, safety and welfare of its citizens and protect the quality of life of the community and the surrounding environment.

F. On March 12, 2024, the City Council of the City adopted Ordinance No. approving this Fourth Amendment to the Development Agreement with the Owner and conducted a second reading on April 9, 2024.
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AGREEMENT
In light of the foregoing Recitals, which are an operative part of this Fourth Amendment to the Development Agreement and which are incorporated herein in full, the parties agree as follows:

1. The findings, terms, conditions, and amendments set forth in Ordinance No. are incorporated herein in full, and shall effectively amend and extend the term of the Development Agreement in pertinent part as it applies to the Covered Property.

2. Paragraph 5 of the Development Agreement is amended to read as follows:

5. " Term." This Agreement is intended to allow Owner and the Merchant Builders to be able to develop the Covered Property in an orderly and complete manner.

This Agreement shall expire on October 30, 2029. If the parties determine that a longer period is necessary to achieve the foregoing purposes, the term of this Agreement may be extended by further written agreement of the parties in accordance with Section 15. 3 hereof."

3. Section 15. 17 " Notices" of the Development Agreement is hereby revised to read as follows:

15. 17 Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent certified mail, postage prepaid and addressed as follows:

To Owner:

S- P Deerfield, LLC
Attn: Camille G. Bahri
31866 Camino Capistrano
San Juan Capistrano, CA 92675
S- P East Highlands, LLC
Attn: Camille G. Bahri
31866 Camino Capistrano
San Juan Capistrano, CA 92675
To City:

City of Highland
Attn: City Manager
27215 Base Line
Highland, CA 92346
Any notice given as required herein shall be deemed given seventy- two ( 72) hours after deposit in the United States mail or upon earlier receipt. A party may change its -96-
address for notices by giving notice in writing to the other party as required herein, and thereafter notices shall be addressed and transmitted to the new address.

4. The remaining terms of the Development Agreement, to the extent they are not in conflict herewith, shall continue in effect and be extended as provided herein as applicable to the Covered Property as defined herein. In the event of any conflict in interpretation or application of the terms of the Development Agreement and the terms of this Fourth Amendment, the Fourth Amendment shall control with respect to the development of the Covered Property.

5. The parties acknowledge that this Fourth Amendment does not, and is not intended to, vest the Owner with any additional right to obtain monetary assistance from the City for design, construction or installation of any part of the project.

6. The burdens of this Fourth Amendment bind and the benefits of this Fourth Amendment inure to the successors -in -interest to the parties to it in accordance with the provisions of and subject to the limitations of this Fourth Amendment.

7. This Fourth Amendment is for the sole and exclusive benefit of the City and the Owner. No other parties or entities are intended to be, or shall be considered, a beneficiary of the performance of any of the parties' obligations under this Fourth Amendment. It is specifically understood and agreed that the development of the Covered Property is a private and not a public sector development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Fourth Amendment. No partnership, joint venture or other association of any kind is formed by this Fourth Amendment. The only relationship between the City and the Owner is that of a government entity regulating the development of private property by the equitable owner of such property.

8. City and Owner acknowledge that this Fourth Amendment is the product of mutual arms -length negotiation and drafting and each represents and warrants to the other that it has been represented by legal counsel in the negotiation and drafting of this Fourth Amendment. Accordingly, the rule of construction, which provides the ambiguities in a document, shall be construed against the drafter of that document shall have no application to the interpretation and enforcement of this Fourth Amendment. In any action or proceeding to interpret or enforce this Fourth Amendment, the finder of fact may refer to such extrinsic evidence not in direct conflict with any specific provision of this First Amendment to determine and give effect to the intention of the parties hereto.

9. Each provision, term, condition, covenant, and/ or restriction, in whole and in part, in this Fourth Amendment shall be considered severable. In the event any provision, term, condition, covenant, and/ or restriction, in whole and/ or in part, in this Fourth Amendment is declared invalid, unconstitutional, or void for any reason, such provision or part thereof shall be severed from this Fourth Amendment and shall not affect any -97-
other provision, term, condition, covenant, and/ or restriction, of this Fourth Amendment and the remainder of the Fourth Amendment shall continue in full force and effect.

10. This Fourth Amendment shall be administered for the City by, and the City shall maintain authority over this Fourth Amendment through the City Manager, or his/ her designated representative, following approval of this Fourth Amendment by the City Council. The City Manager ( or his/ her designated representative) shall have the authority to issue interpretations of this Fourth Amendment on behalf of the City so long as such actions do not materially change the Fourth Amendment or make a commitment of additional funds of the City.

11. Each party hereto expressly warrants and represents that he/ she/they has/ have the authority to execute this Fourth Amendment on behalf of his/ her/ their corporation, partnership, business entity, or governmental entity and warrants and represents that he/ she/ they has/ have the authority to bind his/ her/ their entity to the performance of its obligations hereunder.

12. This Fourth Amendment may be executed in multiple counterparts, each of which so fully executed counterpart shall be deemed an original. No counterpart shall be deemed to be an original or presumed delivered unless and until the counterpart executed by the other party to this Fourth Amendment is in the physical possession of the party seeking enforcement thereof.

13. Ordinance No. and this Fourth Amendment, and any amendment or cancellation hereto shall be recorded in the Official Records of the San Bernardino County Recorder, by the City Clerk within the period required by Section 65868. 5 of the Government Code.

The parties have executed this Fourth Amendment on the date and year first written above.

S- P Deerfield, LLC
A California Limited Liability Company
William J. Griffith, Manager
Insert title]
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S- P East Highlands, LLC
A California Limited Liability Company
William J. Griffith, Manager
Insert title]
City of Highland
Penny Lilburn, Mayor
ATTEST:

Alondra Munoz, City Clerk
APPROVED AS TO FORM:

Maricela Marroquin, City Attorney
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ATTACHMENT 7
Ordinance to Extend the EHR PUD
Impact Fee Development Agreement
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ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HIGHLAND,

CALIFORNIA, APPROVING FOURTH AMENDMENT TO THE IMPACT FEES

DEVELOPMENT AGREEMENT BY AND BETWEEN S- P EAST HIGHLANDS, LLC

AND S- P DEERFIELD, LLC AND THE CITY OF HIGHLAND FOR THE EAST

HIGHLANDS RANCH PLANNED UNIT DEVELOPMENT, AND MAKING FINDINGS

THAT NO FURTHER CEQA REVIEW IS REQUIRED PURSUANT TO CEQA GUIDELINES SECTION 15162
THE CITY COUNCIL OF THE CITY OF HIGHLAND HEREBY ORDAINS AS FOLLOWS:

Section 1. Procedural Findings:

A. On or about October 30, 1989, the City of Highland ( the " City") adopted Ordinance No. 91, approving an Impact Fees Development Agreement between the City and East Highlands Ranch, Inc., a Delaware corporation, recorded as Document No. 90- 044456 in the Official Records of the San Bernardino County Recorder ( the " DIF Development Agreement"), the purpose of which was to establish Development Impact Fees (" DIF') within Specified Improvement Categories, as defined in the DIF Development Agreement, which would be levied by the City and paid as a condition of the issuance of building permits for the East Highlands Ranch Planned Unit Development the " EHR PUD") which is described in Exhibit " A" hereto and incorporated herein in full; and
B. On or about March 26, 2006, the City Council of the City of Highland adopted Ordinance No. 305 approving a First Amendment to the DIF Development Agreement between the City and Spring Pacific Properties, LLC, recorded as Document No. 2006- 0330459 in the Official Records of the San Bernardino County Recorder, for development of a multi -phased master planned community known as East Highlands Ranch (" EHR"). The First Amendment extended the term of the DIF Development Agreement for five ( 5) years with an expiration date of October 30, 2014; C. On or about June 10, 2014, the City Council of the City of Highland adopted Ordinance No. 392 approving a Second Amendment to the DIF Development Agreement between the City of Highland and Spring Pacific Properties, LLC, recorded as Document No. 2014- 0240534 in the Official Records of the San Bernardino County Recorder, to extend the DIF Development Agreement for five ( 5) years with an expiration date of October 30, 2019;
D. On or about March 27, 2018, the City Council of the City of Highland adopted Ordinance No. 424 approved a Third Amendment to the DIF Development Agreement between the City of Highland and Spring Pacific Properties, LLC, recorded as Document No. 2018- 0214475 in the Official Records of the San Bernardino County Recorder, to extend the Agreement for five ( 5) years with an expiration date of October 30, 2024.
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E. The DIF Development Agreement specifically allows the City to adopt fees for the provision of public improvements which fall outside the Specified Improvement Categories, and apply such fees to the EHR PUD; and
F. On October 30, 2023, S- P Deerfield, LLC (" Spring Pacific") applied for ( 1) a five ( 5) year extension of the term of the EHR PUD Development Agreement related to Planning Areas 40 and 42 only, ( 2) a five ( 5) year extension of the term of the DIF Development Agreement related to Planning Areas 40 and 42 only, ( 3) a two ( 2) year extension of time ( Extension of Time EXT 24- 001) for Tentative Tract Map No. 20090 TTM 17- 001) creating a 137 residential lot subdivision over 25. 5 acres; and ( 4) a two ( 2) year extension of time ( EXT 24- 002) for Tentative Parcel Map No. 19958 ( TPM 17- 002) configuring four ( 4) lots for financing and phasing of the project. The aforementioned entitlements are referred to collectively as "the Project". The extension of the term of the DIF Development Agreement, extending the term until October 30, 2029 is the subject matter of this ordinance; and
G. This Ordinance, and the Fourth Amendment to the DIF Development Agreement, is only intended to affect and apply to the development of Planning Areas 40 and 42 (the " Covered Property,") as shown on Exhibit " B" hereto and incorporated herein in full.

H. Spring Pacific is the successors in interest to East Highlands Ranch, Inc., and to the rights, interest and entitlements of the DIF Development Agreement; and I. Pursuant to the DIF Development Agreement the Owner had the right, without the consent of the City, to sell, assign and transfer all or a portion of the Covered Property and/ or all or a fractional share of the Owner's right, title and interest under the Agreement; and
J. The Fourth Amendment to the DIF Development Agreement is intended to ensure the orderly and complete development of the tracts located in the Covered Property. Accordingly, the term of the DIF Development Agreement shall be extended an additional five ( 5) years consistent with the term of EHR Development Agreement, which shall expire on October 30, 2029. In addition, a 5% annual escalator shall be added to the DIF reduced fees.

K. On February 20, 2024, the Planning Commission of the City of Highland held a duly noticed public hearing to consider the Project and at the conclusion of the hearing and after considering the staff report and public comments, adopted Resolution No. 2024- 04 recommending the City Council approve the Project.

L. On March 13, 2024, the City Council of the City of Highland held a duly noticed public hearing to consider the Project.

M. The City Council has found and determined as follows:
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1) The terms and conditions proposed by the Fourth Amendment to the DIF Development Agreement, as set forth herein, are consistent with the City of Highland General Plan; and
2) The proposed Fourth Amendment to the DIF Development Agreement complies with all applicable requirements of State Law and City ordinances and regulations; and
3) It is the intent of the City Council that the EHR PUD Amended Development Agreement and the DIF Development Agreement provide for the same expiration date, which would require that the DIF Development Agreement also be extended for an additional term of five ( 5) years; and 4) The City Council finds and determines that there are benefits to the City in approving the requested all of which are adopted herein in full by reference and which are made a part of the Fourth Amendment to the DIF Development Agreement.

N. The DIF Development Agreement is in full force and effect.

Section 2. Legislative Findings. Based on the full record of these proceedings, pursuant to Highland Municipal Code Section 16. 08. 080, the City Council hereby finds that the proposed Fourth Amendment to the DIF Development Agreement:

A. Is consistent with the objectives, policies, general land uses, and programs specified in the general plan and any applicable specific plan.

Response: The extension of the DIF Development Agreement allows the City to continue to impose fees for the provision of public improvements specifically within Planning Areas 40 and 42 of the EHR PUD for an additional five (5) years, terminating on October 30, 2029. These fees were negotiated by both parties and represent the development's responsibility in the categories of Law Enforcement Facilities, Fire Suppression Facilities/ Vehicles/ Equipment, Local Circulation System, Regional Circulation System, General Facilities/Vehicles/ Equipment, Library Facilities & Collect, Public Use and Park Land Acquisition & Park Facilities Development.

The DIF Development Agreement is consistent with General Plan Policy 4. 1. 3 to Ensure that existing residents and businesses are not burdened with the cost of financing infrastructure aimed at supporting new development or the intensification of existing development; Policy 4. 1. 17 Continue to require that all new development pay the applicable Development Impact Fees established by the City Council; Police 4. 1. 18 18) Maintain flexibility in the collection and application of Development Impact Fees to permit the construction of master planned facilities in lieu of fees when the City determines that it is in the public interest to do so; Policy 4. 1. 19 Continue to require the construction of public facilities as a condition of approval where the value of the services and facilities needed to support buildout of a proposed development exceed established Development Impact Fees, as consistent with the City' s performance standards. Require an agreement with the developer for reimbursement from future development fees for the excess costs. -103-
Such reimbursements shall be from future fees collected for the specific excess facilities, which the initial developer was required to construct; and Policy 4. 1. 22 Continue to require that planned communities participate in the development of public infrastructure, in addition to the payment of development impact fees, through the following methods:

An approved development agreement for all new specific plan or planned unit development projects that specifies the timing of infrastructure improvements in relation to project development. • An annual review of improvements conducted for all new specific plans and an annual report in a format that can be easily included in the City' s infrastructure assessment and reporting system.

B. Is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is or will be located.

Response: The DIF Development Agreement supports development within EHR PA 40 and 42. The Project will create 137 single- family residential lots which is consistent with the surrounding development and with the types of uses envisioned by the existing General Plan land use designation of Planned Development with a density equivalent to the Medium Density Residential land use designation. The Project also complies with the Planned Development Designation which allows any density that is compatible with surrounding existing and planned uses as determined through the development review process. In addition, the map is consistent with the proposed planned development of the East Highland Ranch Planned Unit Development. The Project is consistent with the East Highlands Ranch Land Use standards for SFD- V which allows a minimum 3, 600 square foot lot size for single-family detached dwelling units. The Project is consistent with the General Plan including the 6th Cycle Housing Element. The Project helps to achieve Goal 1: A preserved and enhanced housing stock within high -quality Neighborhoods; Goal 2:

A diverse range and adequate supply of housing types that align with the needs of all current and future Highland households; Policy 2.3: Ensure new residential and mixed - use developments are adequately served by park and recreation, libraries, transportation, public safety, and other public services and facilities, and Policy 2. 4: Encourage the development of a range of housing types in targeted areas of the City, such as inventoried vacant residential sites, Planned Development districts, Mixed -Use districts, special Policy Areas identified in the Land Use Element, and areas with access to resources and amenities.

C. Is in conformity with and will promote public convenience, general welfare and good land use practice.

Response: The DIF Development Agreement promotes good land use practice evident in its compliance with General Plan Policy 4. 1. 22 to continue to require that planned communities participate in the development of public infrastructure, in addition to the payment ofdevelopment impact fees, through the following methods: • An approved development agreement for all new specific plan or planned unit development projects that specifies the timing of infrastructure improvements in relation to project development.• An annual review of improvements conducted for all new specific plans and an annual report in a format that can be easily included in the City' s infrastructure assessment and reporting system. The DIF Agreement promotes general welfare through -104-
the collection of fees that aid the City in constructing the appropriate infrastructure resulting from impacts of the proposed 137- unit development.

D. Will not be detrimental to the health, safety and general welfare.

Response: The DIF Development Agreement will collect fees and result in the construction of public infrastructure including law enforcement facilities, fire suppression, circulation, general facilities, library, public use and park land that will promote the health, safety and general welfare of the development and surrounding community.

E. Will not adversely affect the orderly development of property or the preservation of property values.

Response: This DIF Development Agreement supports the development of the EHR Planning Areas 40 and 42 through the application of appropriate fees with consideration given to the applicant' s construction of related infrastructure. The residential development will not adversely affect orderly development or property values.

The established standards that permit the development of a well -planned single- family residential subdivision that will be desirable for the development of the community and consistent the surrounding development and with the types of uses envisioned by the existing General Plan Planned Development.

F. Will promote and encourage the development of the proposed project by providing a greater degree of requisite certainty.

Response: The DIF Development Agreement reflects fees appropriate for the impacts related to the development of EHR Planning Areas 40 and 42 as studied by the City. The fees will be held for a 5- year period with predetermined escalators known to both parties. The surety of the Agreement will provide a greater degree of certainty afforded to large- scale developments such as the East Highlands Ranch Planned Unit Development.

G. Is consistent with the provisions of California Government Code Sections 65864 through 65869. 5.

Response: The DIF Development Agreement includes all the mandatory provisions identified by California Government Code Sections 65864 through 65869. 5 including, without limitation, periodic reviews, the duration of the agreement, the permitted uses of the Property,. The City has also complied with all procedural mandates for the adoption of a Development Agreement as required by applicable law. Thus, the Development Agreement is consistent with the provisions of California Government Code Sections 65864 through 65869. 5
Section 3. CEQA.

A. On February 28, 2006, the City Council of the City of Highland adopted Resolution No. 2006- 007 adopting a Mitigated Negative Declaration (" MND") and a Mitigation Monitoring and Reporting Program (" MMRP") for an amendment to the East Highlands Ranch Planned Development for the Blossom Trails community. An -105-
Addendum to the MND addressed changes to the original project and was approved by the Highland City Council in 2018 ( Resolution No. 2018- 006). The Addendum discussed a revised proposal for the Blossom Trails development to be reduced from 306 multifamily residential units to 137 single-family homes. The Addendum determined that no further detrimental effects would be triggered and that the anticipated impacts from the MND would continue to be addressed by the implemented mitigation measures or by present day regulations.

B. Pursuant to the California Environmental Quality Act (" CEQA") ( Cal. Pub.

Res. Code § 21000 et seq.) and the State Guidelines ( the " Guidelines") ( 14 Cal. Code Regs. § 15000 et seq.), the City Council has considered the potential environmental impacts of the Project. The City Council has independently reviewed the MND, and the Addendum to the MND, and based upon the whole record before it, and based on its independent review and judgment, finds that that the Project, is not subject to further environmental review pursuant to the Guidelines because:
1) The Project and the circumstances under which the Project is undertaken do not involve substantial changes which will result in new significant environmental effects, and that the Project does not involve new information of substantial importance which shows that the Project will have significant effects not discussed in the MND or the Addendum,
2) All potential environmental impacts associated with the Project are adequately addressed by the MND, the Addendum to the MND, and the mitigation measures contained in the MND will reduce certain impacts to a level that is less than significant, and
3) The extension of time requests for TTM 17- 001 and TPM 17- 02, and the extension of the term for the EHR PUD Development Agreement and the DIF Development Agreement have been evaluated against the previous analysis in the MND and Addendum to the MND, to ensure that extending the approval time does not create new significant impacts or substantially increase the severity of previously analyzed impacts as compared to those identified previously. It has been determined that the analyses and the conclusions in the MND and Addendum to the MND remain valid and that the Project is within the scope" pursuant to CEQA Guidelines Section 15162 ( a) 4) The custodian of records for the MND, and the Addendum, and all other materials that constitute the record of proceedings upon which the City Council' s action is based, is the Planning Department of the City of Highland. Those documents are available for public review in the Planning Department located at 27215 Base Line, Highland, CA, 92346.

Section 4. Approval of Amendment. Based upon the aforementioned findings, the City Council hereby approves the Fourth Amendment to the DIF Development Agreement attached hereto as Exhibit " C" and authorizes the Mayor to execute the same in substantially the same form attached hereto as Exhibit " C" to this Ordinance.
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Section 5. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.

Section 6. Recording of this Ordinance. Pursuant to the terms of Government Code Section 65868. 5, within ten ( 10) days after the City adopts this Ordinance, the City Clerk shall have this Ordinance approving the Fourth Amendment to the Development Agreement recorded in the Official Records of the San Bernardino County Recorder. If the parties to this Fourth Amendment of the Development Agreement or their successor( s) in interest amend or cancel the Development Agreement as amended hereby, as provided in Government Code Section 65868, or if the City determines to terminate or modify the Development Agreement as provided in Government Code Section 65865. 1 for failure of the Applicant to materially comply in good faith with the terms or conditions in the Development Agreement, as amended, then the City Clerk shall have notice of such action recorded with the San Bernardino County Recorder. From and after the time of such recordation, the Development Agreement, as amended hereby, shall impart such notice thereof to all persons as is afforded by the recording laws of this State.

Section 7. Certification. The City Clerk shall certify to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the City' s official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days after its adoption. The executed Development Agreement shall be recorded against the title to the property.

PASSED, APPROVED AND ADOPTED this 9th day of April, 2024.

Penny Lilburn
Mayor
ATTEST:

Alondra Munoz
City Clerk
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APPROVED AS TO FORM:

Maricela Marroquin
City Attorney
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EXHIBIT " A"
PORTIONS OF SECTIONS 26, 25, AND 36, TOWNSHIP 1 NORTH, RANGE 3

WEST, SAN BERNARDINO BASE AND MERIDIAN, TOGETHER WITH
PORTIONS OF SECTIONS 1, 2, AND 3 TOWNSHIP 1 SOUTH, RANGE 3 WEST,

SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN

BERNARDINO, STATE OF CALIFORNIA, AS SHOWN BY A RECORD OF SURVEY ON FILE IN BOOK 42, RECORDS OF SURVEY, PAGES 5 THROUGH 20 INCLUSIVE, RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

PARCEL " A"

THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID
SECTION 26, TOGETHER WITH THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 26, TOGETHER WITH THAT PORTION OF THE SOUTHWEST QUARTER OF SAID SECTION 26 LYING SOUTHEASTERLY OF

THE BROW OF THE SOUTHEASTERLY BLUFF OF COOK' S CANYON AS DESCRIBED IN THE DEED RECORDED IN BOOK 122, PAGE 144, OF DEED, RECORDS, OF SAID COUNTY, ALL AS SHOWN BY SAID RECORD OF SURVEY.

PARCEL " B"
THE NORTH HALF OF SAID SECTION 36, TOGETHER WITH THE NORTH HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 36, TOGETHER WITH THE NORTH HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 36,

TOGETHER WITH THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 36, ALL AS SHOWN BY SAID RECORD OF SURVEY.

PARCEL " C"
ALL OF SAID SECTION 35, AS SHOWN BY SAID RECORD OF SURVEY.

EXCEPTING THEREFROM ANY PORTION THEREOF LYING WITHIN THE NORTH FORK DITCH, AS SHOWN BY SAID RECORD OF SURVEY.

ALSO EXCEPTING THEREFROM ANY PORTION THEREOF LYING WITHIN

THAT CERTAIN PARCEL OF LAND DESCRIBED IN THE DEED TO THE EAST SAN BERNARDINO COUNTY WATER DISTRICT, RECORDED SEPTEMBER 15, 1971, IN BOOK 7753, PAGE 494, OFFICIAL RECORDS OF SAID COUNTY.

ALSO EXCEPTING THEREFROM ANY PORTION THEREOF LYING WITHIN

THAT CERTAIN PARCEL OF LAND DESCRIBED IN THE DEED RECORDED APRIL 12, 1991, INSTRUMENT NO. 91- 122858, OFFICIAL RECORDS OF SAID COUNTY.

ALSO EXCEPTING THEREFROM ANY PORTION THEREOF LYING

WITHIN THAT CERTAIN PARCEL OF LAND DESCRIBED IN THE DEED RECORDED DECEMBER 31, 1992, INSTRUMENT NO. 92- 543649, OFFICIAL RECORDS OF SAID COUNTY.
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ALSO EXCEPTING THEREFROM ANY PORTION THEREOF LYING EASTERLY OF THE EASTERLY LINE OF TRACT NO. 12307- 1, AS SHOWN PER PLAT ON FILE IN BOOK 179 OF MAPS, PAGES 81 THROUGH 86, INCLUSIVE, RECORDS

OF SAID COUNTY, AND SOUTHWESTERLY OF THE SOUTHWESTERLY LINE OF TRACT NO. 13469, AS SHOWN PER PLAT ON FILE IN BOOK 205 OF MAPS, PAGES 78 THROUGH 83, INCLUSIVE, RECORDS OF SAID COUNTY.

ALSO EXCEPTING THEREFROM LOT 2 AND LOT " X" OF TRACT NO. 13551, AS SHOWN BY PLAT ON FILE IN BOOK 224 OF MAPS, PAGES 39 THROUGH 41, INCLUSIVE, RECORDS OF SAID COUNTY.

ALSO EXCEPTING THEREFROM ANY PORTION THEREOF LYING WITHIN TRACT NO. 13550, AS SHOWN BY PLAT ON FILE IN BOOK 206 OF MAPS, PAGES 3 THROUGH 9, INCLUSIVE, RECORDS OF SAID COUNTY.

ALSO EXCEPTING ANY PORTION THEREOF LYING WITHIN TRACT NO. 12307- 1, AS SHOWN BY PLAT ON FILE IN BOOK 179 OF MAPS, PAGES 81 THROUGH 86, INCLUSIVE, RECORDS OF SAID COUNTY.

ALSO EXCEPTING THEREFROM ANY PORTION THEREOF LYING WITHIN TRACT NO. 12307- 2, AS SHOWN BY PLAT ON FILE IN BOOK 202 OF MAPS, PAGES 38 THROUGH 40, INCLUSIVE, RECORDS OF SAID COUNTY.

ALSO EXCEPTING THEREFROM ANY PORTION THEREOF LYING WITHIN TRACT NO. 12307, AS SHOWN BY PLAT ON FILE IN BOOK 202 OF MAPS, PAGES 41 THROUGH 43, INCLUSIVE, RECORDS OF SAID COUNTY.

ALSO EXCEPTING THEREFROM ANY PORTION THEREOF LYING WITHIN TRACT NO. 12306, AS SHOWN BY PLAT ON FILE IN BOOK 179 OF MAPS, PAGES 79 AND 80, RECORDS OF SAID COUNTY.

ALSO EXCEPTING THEREFROM ANY PORTION THEREOF LYING WITHIN TRACT NO. 13469, AS HOWN BY PLAT ON FILE IN BOOK 205 OF MAPS, PAGES 78 THROUGH 83, INCLUSIVE, RECORDS OF SAID COUNTY.

ALSO EXCEPTING THEREFROM ANY PORTION THEREOF LYING WITHIN PARCEL MAP NO. 12928, AS SHOWN BY PLAT THEREOF ON FILE IN BOOK 148 OF PARCEL MAPS, PAGES 73 AND 74, RECORDS OF SAID COUNTY.

PARCEL " D"

THAT CERTAIN PARVEL OF LAND DESCRIBED IN A DEED RECORDED AS INSTRUMENT NO. 93- 522560, OFFICIAL RECORDS OF SAID COUNTY;

TOGETHER WITH THAT CERTAIN PARCEL OF LAND DESCRIBED IN THE DEED RECORDED AS INSTRUMENT NO. 93- 522561, OFFICIAL RECORDS OF SAID COUNTY.

PARCEL " E"
THAT PORTION OF SAID SECTION 1, LYING NORTHERLY OF THE CENTER

LINE OF THE NORTH FORK DITCH, AS SHOWN BY SAID RECORD OF SURVEY.
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EXCEPTING THEREFROM ANY PORTION THEREOF LYING WITHIN TRACT NO. 13729, AS SHOWN BY PLAT ON FILE IN BOOK 235 OF MAPS, PAGES 30 THROUGH 35, INCLUSIVE, RECORDS OF SAID COUNTY.

PARCEL " F"
PARCELS 2, 3, AND 4 OF PARCEL MAP NO. 14348, AS SHOWN BY PLAT ON FILE IN BOOK 168 OF PARCEL MAPS, PAGES 12 AND 13, RECORD OF SAID COUNTY.

PARCEL " G"

THE SOUTH HALF OF THE NORTHWEST QUARTER AND THE NORTH HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 2.

EXCEPTING THEREFROM ANY PORTION THEREOF LYING WITHIN PARCEL MAP NO. 14348, AS SHOWN BY PLAT ON FILE IN BOOK 168 OF PARCEL MAPS, PAGES 12 AND 13, RECORDS OF SAID COUNTY.

ALSO EXCEPTING THEREFROM ANY PORTION THEREOF LYING WITHIN TRACT NO. 12924, AS SHOWN BY PLAT ON FILE IN BOOK 193 OF MAPS, PAGES 22 THROUGH 26, INCLUSIVE, REOCRDS OF SAID COUNTY.

ALSO EXCEPTING THEREFROM ANY PORTION THEREOF LYING WITHIN TRACT NO. 13549, AS SHOWN BY PLAT ON FILE IN BOOK 214 OF MAPS, PAGES 51 THROUGH 54, INCLUSIVE, RECORDS OF SAID COUNTY.

ALSO EXCEPTING THEREFROM ANY PORTION THEREOF LYING WITHIN TRACT NO. 13740, AS SHOWN BY PLAT ON FILE IN BOOK 240 OF MAPS, PAGES 51 THROUGH 54, INCLUSIVE, RECORDS OF SAID COUNTY.

ALSO EXCEPTING THEREFROM ANY PORTION THEREOF LYING WITHIN TRACT NO. 15252, AS SHOWN BY PLAST ON FILE IN BOOK 251 OF MAPS, PAGES 75 THROUGH 81, INCLUSIVE, RECORDS OF SAID COUNTY.

ALSO EXCEPTING THEREFROM ANY PORTION THEREOF LYING WITHIN TRACT NO. 15253, AS SHOWN BY PLAT ON FILE IN BOOK 250 OF MAPS, PAGES 67 THROUGH 72, INCLUSIVE, RECORDS OF SAID COUNTY.

ALSO EXCEPTING THEREFROM ANY PORTION THEREOF LYING WITHIN TRACT NO. 15254, AS SHOWN BY PLAT ON FILE IN BOOK 252 OF MAPS, PAGES 54 THROUGH 58, INCLUSIVE, RECORDS OF SAID COUNTY.

ALSO EXCEPTING THEREFROM THAT CERTAIN PARCEL OF LAND
DESCRIBED IN THE DEED RECORDED AS INSTRUMENT NO. 87- 399526, OFFICIAL RECORDS.

PARCEL " H"
THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 1 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE

CITY OF HIGHLAND, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,

ACCORDING TO THE OFFICIAL GOVERNMENT PLAT THEREOF ON FILE IN -111-
THE DISTRICT LAND OFFICE, DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT 30 FEET EAST AND NORTH 0 DEG. 37' WEST, 25 FEET FROM THE SOUTHWEST CORNER OF SAID SECTION 2; THENCE NORTH 89 DEG. 36' 30" EAST, 638 FEET; THENCE NORTH 0 DEG. 37' WEST, 494.07 FEET; THENCE SOUTH 89 DEG. 36' 30' WEST, 638 FEET TO THE

EAST LINE OF CHURCH STREET, AS DESCRIBED IN THE DEED TO THE COUNTY OF SAN BERNARDINO, RECORDED SEPTEMBER 19, 1893, IN BOOK 186, PAGE 50, OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE SOUTH 0 DEG. 37' EAST TO THE POINT OF BEGINNING.

EXCEPT THEREFROM THAT PORTION LYING EASTERLY OF THE WESTERLY LINE OF A STRIP OF LAND, 100. 00 FEET WIDE, AS DESCRIBED IN THE

DEED TO THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT, RECORDED NOVEMBER 9, 1972, IN BOOK 8057, PAGE 726, OFFICIAL RECORDS OF SAID COUNTY, BEING 50. 00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE:

COMMENCING AT A 1- 1/ 4 INCH IRON PIPE MARKING THE SOUTHWEST CORNER OF SAID SECTION 2; THENCE NORTH 0 DEG. 37' 06" WEST ALONG THE WEST LINE OF SAID SECTION 2, A DISTANCE OF 536. 17 FEET; THENCE NORTH 89 DEG. 44' 07" EAST ALONG THE CENTER OF MERRIS DRIVE, 352. 24 FEET TO 539. 33 FEET TO THE POINT OF TERMINATION IN THE

SOUTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SAID SECTION 2, SAID POINT OF TERMINATION BEING DISTANT ALONG SAID SOUTH LINE, SOUTH 89 DEG, 45' 00" EAST, 351. 76 FEET FROM SAID 1- 1/ 4 INCH IRON PIPE MARKING THE SOUTHWEST CORNER OF SAID SECTION 2.

PARCEL " I"

THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF SAID SECTION 3, LYING SOUTHERLY OF THE SOUTHERLY RIGHT- OF- WAY LINE OF EAST THIRD STREET, 80. 00 FEET WIDE, AS SHOWN BY SAID RECORD OF SURVEY.

EXCEPTING THEREFROM THE SOUTHERLY 100. 00 FEET OF THE WESTERLY 150. 00 FEET OF SAID SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 3.
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PARCEL 7".

PARCEL 11111

PROPERTY PLAT

FOR EXHIBIT A)

NOT TO SCALE

EAST HIGHLANDS RANCH
PARCEL" Alf

PARCEL '
ICII
PARCEL " B"'
T. I N.
u UII 11/ - I
II/ 11 % Ij av w
d
i11111 nmin° i IIIIIIj i
4 Ig11111117 = -
IIII
JUi,/ iil t %q%f
q,p i1 imun
1 NOTE:

THIS EXHIBIT IS INTENDED ONLY AS AN AID IN LOCATING THE CORRESPONDING PROPERTY DESCRIBED IN THE ACCOMPANYING LEGAL DESCRIPTION AND IS NOT A PART THEREOF. -113-
EXHIBIT " B"
LEGAL DESCRIPTION FOR PLANNING AREAS 40 AND 42
Real property in the City of Highland, County of San Bernardino, State of California, described as follows:

PARCEL 1:

THE EAST 1/ 2 OF THE SOUTHEAST 1/ 4 OF SECTION 3, TOWNSHIP 1 SOUTH, RANGE 3 WEST, SAN

BERNARDINO BASE AND MERIDIAN, IN THE CITY OF HIGHLAND, COUNTY OF SAN BERNARDINO,

STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL GOVERNMENT PLAT THEREOF ON FILE IN THE DISTRICT LAND OFFICE.

EXCEPT THEREFROM THAT PORTION LYING NORTHERLY OF THE CENTER LINE OF A STRIP OF LAND, 80 FEET IN WIDTH, AS DESCRIBED IN THE DEED TO THE COUNTY OF SAN BERNARDINO RECORDED DECEMBER 11, 1931, IN BOOK_772, PAGE 333, OFFICIAL RECORDS OF SAID COUNTY.

ALSO EXCEPTING THEREFROM THAT PORTION FIRST DESCRIBED IN THE DEED TO NORTH FORK WATER COMPANY, RECORDED NOVEMBER 25, 1958, IN BOOK 4663,_PAGE 201, OFFICIAL RECORDS, AND MORE PARTICULARLY DESCRIBED THEREIN AS FOLLOWS:

BEGINNING AT THE SOUTHWEST CORNER OF THE SAID EAST 1/ 2 OF THE SOUTHEAST 1/ 4 OF SECTION 3; THENCE SOUTH 89 DEG. 43' 30" EAST, 150. 00 FEET ALONG THE SOUTH LINE OF SAID SECTION 3; THENCE NORTH 0 DEG. 04' 45" WEST, 100. 00 FEET ON A LINE PARALLEL WITH THE WEST LINE OF THE SAID EAST 1/ 2 OF THE SOUTHEAST 1/ 4 OF SECTION 3; THENCE NORTH 89 DEG. 43' 30" WEST, 150. 00 FEET TO A POINT IN THE SAID WEST LINE OF THE EAST 1/ 2 OF THE SOUTHEAST 1/ 4 OF SECTION 3; THENCE ALONG SAID WEST LINE, SOUTH 0 DEG. 04' 45" EAST, 100. 00 FEET TO THE POINT OF BEGINNING.

TOGETHER WITH THAT PORTION OF 5TH STREET VACATED BY RESOLUTION OF THE BOARD OF SUPERVISORS SAN BERNARDINO COUNTY, CALIFORNIA, RESOLUTION NO. 93- 17 RECORDED JUNE 22, 1994, INSTRUMENT NO. 94- 277999, OFFICIAL RECORDS, ADJOINING SAID PROPERTY ON THE NORTH WHICH WOULD PASS BY OPERATION OF LAW BY A CONVEYANCE OF SAID PROPERTY.

APN: 1201- 401- 02
PARCEL 2:

LOT 111, TRACT NO. 15252, IN THE CITY OF HIGHLAND, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 251 OF MAPS, PAGE( S) 75 THROUGH 81, INCLUSIVE,

RECORDS OF SAID COUNTY, AS AMENDED BY CERTIFICATE OF CORRECTION RECORDED SEPTEMBER 7, 1999, INSTRUMENT NO. 19990377331, OFFICIAL RECORDS.

TOGETHER WITH THAT PORTION OF FIFTH STREET ADJOINING LOT Ill ON THE SOUTH, VACATED BY

RESOLUTION OF THE BOARD OF SUPERVISORS SAN BERNARDINO COUNTY, CALIFORNIA, RESOLUTION NO. 93- 17 RECORDED JUNE 22, 1994, INSTRUMENT NO. 94- 277999, OFFICIAL RECORDS, WHICH WOULD PASS BY OPERATION OF LAW WITH A CONVEYANCE OF SAID PROPERTY.

EXCEPTING FROM LOT 111 THAT PORTION DESCRIBED AS FOLLOWS:

COMMENCING AT THE WEST CORNER OF SAID LOT 111, SAID POINT HAVING A RADIAL BEARING NORTH 18 DEG. 47' 19" WEST; THENCE NORTHEASTERLY ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHWEST, WITH A RADIUS OF 1852. 00 FEET; SAID ARC BEING THE NORTHWESTERLY LINE OF -114-
SAID LOT 111, THROUGH A CENTRAL ANGLE OF 15 DEG. 33' 39", A DISTANCE OF 502. 98 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTHEASTERLY ALONG SAID ARC THROUGH A CENTRAL ANGLE OF 02 DEG. 14' 41", A DISTANCE OF 72. 56 FEET TO THE BEGINNING OF A REVERSE CURVE WITH A RADIUS OF 1348. 00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 04 DEG. 14' 45", A DISTANCE OF 99. 89 FEET; THENCE LEAVING SAID NORTHWESTERLY LINE, SOUTH 27 DEG. 28' 13" EAST, A DISTANCE OF 111. 08 FEET TO A POINT ON THE WEST RIGHT- OF-WAY LINE OF CHURCH STREET, AS SHOWN ON SAID TRACT NO. 15252, SAID POINT HAVING A RADIAL BEARING SOUTH 84 DEG. 09' 49" EAST; THENCE SOUTHERLY ALONG AN ARC OF A CURVE HAVING A RADIUS OF 70. 00, THROUGH A CENTRAL ANGLE OF 30 DEG. 03' 55", A DISTANCE OF 36. 73 FEET TO THE BEGINNING OF A REVERSE CURVE HAVING A RADIUS OF 50. 00 FEET; THENCE SOUTHERLY ALONG AN ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 23 DEG. 33' 23", A DISTANCE OF 20. 56 FEET TO A POINT 30. 00 FEET WEST OF THE CENTERLINE OF CHURCH STREET, MEASURED AT RIGHT ANGLES; THENCE LEAVING SAID RIGHT- OF-WAY LINE, SOUTH 89 DEG. 20' 14" WEST A DISTANCE OF 163. 51 FEET; THENCE NORTH 34 DEG. 20' 58" WEST A DISTANCE OF

69. 76 FEET ALONG A LINE RADIAL TO THE NORTHWESTERLY LINE OF SAID LOT 111 TO THE TRUE POINT OF BEGINNING.

ALSO EXCEPTING FROM LOT 111 THAT PORTION DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHWEST CORNER OF SECTION 2, TOWNSHIP 1 SOUTH, RANGE 3 WEST,

SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN ON RECORD OF SURVEY RECORDED IN BOOK 42 OF SURVEYS, PAGES 5 THROUGH 20, INCLUSIVE; THENCE NORTHERLY ALONG THE WEST LINE OF SAID SECTION, SAID LINE ALSO BEING THE CENTERLINE OF OLD CHURCH STREET, NORTH 0 DEG. 39' 50" WEST A DISTANCE OF 1117. 49 FEET TO THE POINT OF BEGINNING, SAID POINT BEING A POINT ON A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 70. 00 FEET AND A RADIAL BEARING OF NORTH 26 DEG. 02' 27" WEST, SAID CURVE BEING THE NORTHERLY RIGHT- OF- WAY LINE OF OLD GREENSPOT ROAD; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 58 DEG. 06' 52", A DISTANCE OF 71. 00 FEET; THENCE LEAVING SAID RIGHT- OF-WAY LINE NORTH 27 DEG. 27' 31" WEST A DISTANCE OF 110. 10 FEET TO A POINT ON A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 1348. 00 FEET AND A RADIAL BEARING OF NORTH 32 DEG. 20' 23" WEST SAID CURVE BEING THE SOUTHERLY RIGHT- OF- WAY LINE OF 5TH STREET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 4 DEG. 22' 40", A DISTANCE OF 103. 00 FEET TO A POINT ON

THE WEST LINE OF SAID SECTION, SAID LINE ALSO BEING THE CENTERLINE OF OLD CHURCH STREET; THENCE SOUTH 0 DEG. 39' 50" EAST A DISTANCE OF 94. 55 FEET TO THE POINT OF BEGINNING.

APN: 1201- 431- 61
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Exhibit " C" to City of Highland Ordinance No.

FOURTH AMENDMENT TO IMPACT FEE DEVELOPMENT AGREEMENT
This Fourth Amendment to the Impact Fees Development Agreement (" Fourth Amendment") is entered into effective on the date of its recordation, ( the " Effective Date"), by and between SP East Highlands, LLC, a California limited liability company and S-P Deerfield, LLC a California limited liability company (referred to as "Spring Pacific" and " Owner"), and the City of Highland, a municipal corporation (" City"). Owner and City are sometimes collectively referred to herein as the "parties."
RFCITAI_ S
A. Government Code Sections 65864 through 65869.5 and the Highland Municipal Code (the "Development Agreement Laws") authorize the City to enter into and amend binding development agreements with persons having a legal or equitable interest in real property for the development of such property, all for the purpose of strengthening the public planning process, encouraging private participation and comprehensive planning and reducing the economic cost of such development. The City is authorized by law to amend existing development agreements which are in effect and in good standing.

B. On or about October 30, 1989, in accordance with the Development Agreement Laws, the City adopted Ordinance No. 91, approving an Impact Fees Development Agreement between the City and East Highlands Ranch, Inc., a Delaware corporation, recorded as Document No. 90- 044456, in the Office of the San Bernardino County Recorder ( the " DIF Development Agreement"), the purpose of which was to establish Development Impact Fees DIF") which would be levied by the City and paid as a condition of the issuance of building permits within the East Highlands Ranch Planned Unit Development ( the " EHR PUD").

C. On or about March 26, 2006, the City Council of the City of Highland adopted Ordinance No. 305 approving a First Amendment to the DIF Development Agreement between the City and Spring Pacific Properties, LLC, which was recorded as Document No. 2006- 0330459 in the Official Records of the San Bernardino County Recorder, for development of a multi -phased master planned community known as East Highlands Ranch (" EHR"). The First Amendment extended the term of the DIF Development Agreement for five ( 5) years with an expiration date of October 30, 2014.

D. On or about June 10, 2014, the City Council of the City of Highland adopted Ordinance No. 392 approving a Second Amendment to the DIF Development Agreement between the City and Spring Pacific Properties, LLC, recorded as Document No. 2014- 0240534 in the Official Records of the San Bernardino County Recorder, to extend the DIF Development Agreement for five (5) years with an expiration date of October 30, 2019.

E. On or about March 27, 2018, the City Council of the City of Highland adopted Ordinance No. 424 approving a Third Amendment to the DIF Development Agreement between the City and Spring Pacific Properties, LLC, recorded as Document No. 2018- -116-
0214475 in Official Records of the San Bernardino County Recorder, to extend the DIF Development Agreement for five ( 5) years with an expiration date of October 30, 2024.

F. The EHR PUD has been substantially developed, with the exception of Planning Areas 40 and 42 which are designated as the "Covered Property" for purposes of this Fourth Amendment.

G. S- P Deerfield, LLC represents that it is the legal successor in interest to East Highlands Ranch, Inc., and has the right, title, interest and legal authority to enter into this Fourth Amendment, affecting the Covered Property.

H. It is the intent of the parties hereto to ( 1) provide for the continued development of the EHR PUD, ( 2) to designate Planning Areas 40 and 42 as the remaining " Covered Property" under the DIF Development Agreement, and ( 3) to extend the term of the DIF Development Agreement to allow for the continued and orderly development of the Covered Property by providing the Owner with assurance regarding the cost of development during the term of this Fourth Amendment
I. The City Council has determined that the adoption of the Fourth Amendment to the DIF Development Agreement is consistent with the City's General Plan, and will promote the health, safety and welfare of its citizens and protect the quality of life of the community and the surrounding environment.

J. On April 9, 2024, the City Council of the City adopted Ordinance No. approving this Fourth Amendment with the Owner until October 30, 2029.

AGREEMENT
In light of the foregoing Recitals, which are an operative part of this Fourth Amendment, and which are incorporated herein in full, the parties agree as follows:

1. The findings, terms, conditions, and amendments set forth in Ordinance No. — are incorporated herein in full and shall effectively amend and extend the term of the DIF Development Agreement in pertinent part as it applies to the Covered Property. Specifically, Paragraph 8 of the DIF Development Agreement is hereby amended to read as follows:

This Agreement is intended to ensure the orderly and complete development of the tracts located in the Covered Property. Accordingly, the term of this Agreement shall be extended an additional five (5) years consistent with the term of EHR Development Agreement, which shall expire on October 30, 2029."

2. A new Subsection 6. 5 " Development Impact Fee Increase" is hereby added to Section 6 " Development Impact Fee Calculation Procedure" of the DIF Development Agreement to read as follows:
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6. 5. Development Impact Fee Increase
Notwithstanding any other provision in this Agreement to the contrary, a five percent (5%) annual escalator shall be applied over the next five years to the reduced Development Impact Fees.

Below is a breakdown showing the escalator calculation:
5,488.97 — current rate through October 31, 2024
November 1, 2024 through October 31, 2025 - $ 5,763.42 (an additional $ 274.45) November 1, 2025 through October 31, 2026 - $ 6, 051. 59 ( an additional $ 288. 17) November 1, 2026 through October 31, 2027- $ 6, 354. 17 ( an additional $ 302. 58) November 1, 2027 through October 31, 2028 - $ 6, 671. 88 ( an additional $ 317. 71) November 1, 2028 through October 31, 2029 - $ 7,005.47 (an additional $ 333. 59)"

3. Section 14. 2 " Notices" of the DIF Development Agreement is hereby revised to update the contact information for "Owner" and " City" as follows, with all remaining provisions of Section 14.2 remaining unchanged:

OWNER
S- P Deerfield, LLC
31866 Camino Capistrano
San Juan Capistrano, CA 92675
S- P East Highlands, LLC
31866 Camino Capistrano
San Juan Capistrano, CA 92675
CITY
City of Highland
27215 Base Line
Highland, CA 92346

4. The remaining terms of the DIF Development Agreement shall remain in effect and shall be construed in a manner which is consistent with the Fourth Amendment herein. In the event of any conflict in interpretation or application of the terms of the DIF Development Agreement and this Fourth Amendment, the terms of this Fourth Amendment shall control with respect to the development of the Covered Property.

5. The parties acknowledge that this Fourth Amendment does not, and is not intended to, vest the Ownerwith any additional right to obtain monetary assistance from the City for design, construction or installation of any part of the project.

6. In entering into this Fourth Amendment, the Owner specifically agrees that any and all new fees or categories of development -related impact or other fees adopted by the City and imposed and collected as a condition of new development or the issuance of a building permit -118-
on a city-wide basis shall apply to and be paid by the Owner and/ or Merchant Builders for development of the Covered Property, in accordance with the City's Development Impact Fee Ordinance in effect at the time of issuance of a building permit.

5. The burdens of this Fourth Amendment bind and the benefits of this Fourth Amendment insure to the successors -in -interest to the parties to it in accordance with the provisions of and subject to the limitations of this Fourth Amendment.

6. This Fourth Amendment is for the sole and exclusive benefit of the City and the Owner. No other parties or entities are intended to be, or shall be considered, a beneficiary of the performance of any of the parties' obligations under this Fourth Amendment. It is specifically understood and agreed that the development of the Covered Property is a private and not a public sector development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Fourth Amendment. No partnership, joint venture or other association of any kind is formed by this Fourth Amendment. The only relationship between the City and the Owner is that of a government entity regulating the development of private property by the equitable owner of such property.

7. City and Owner acknowledge that this Fourth Amendment is the product of mutual arms -length negotiation and drafting and each represents and warrants to the other that it has been represented by legal counsel in the negotiation and drafting of this Fourth Amendment.

Accordingly, the rule of construction, which provides the ambiguities in a document, shall be construed against the drafter of that document shall have no application to the interpretation and enforcement of this Fourth Amendment. In any action or proceeding to interpret or enforce this Fourth Amendment, the finder of fact may refer to such extrinsic evidence not in direct conflict with any specific provision of this Fourth Amendment to determine and give effect to the intention of the parties hereto.

8. Each provision, term, condition, covenant, and/ or restriction, in whole and in part, in this Fourth Amendment shall be considered severable. In the event any provision, term, condition, covenant, and/ or restriction, in whole and/ or in part, in this Fourth Amendment is declared invalid, unconstitutional, or void for any reason, such provision or part thereof shall be severed from this Fourth Amendment and shall not affect any other provision, term, condition, covenant, and/ or restriction, of this Fourth Amendment and the remainder of the Fourth Amendment shall continue in full force and effect.

9. This Fourth Amendment shall be administered for the City by, and the City shall maintain authority over this Fourth Amendment through the City Manager, or his/ her designated representative, following approval of this Fourth Amendment by the City Council. The City Manager (or his/her designated representative) shall have the authority to issue interpretations of this Fourth Amendment on behalf of the City so long as such actions do not materially change the Fourth Amendment or make a commitment of additional funds of the City.

10. Each party hereto expressly warrants and represents that he/she/they has/have the authority to execute this Fourth Amendment on behalf of his/her/their corporation, -119-
partnership, business entity, or governmental entity and warrants and represents that he/ she/they has/ have the authority to bind his/ her/their entity to the performance of its obligations hereunder.

11. This Fourth Amendment may be executed in multiple counterparts, each of which so fully executed counterpart shall be deemed an original. No counterpart shall be deemed to be an original or presumed delivered unless and until the counterpart executed by the other party to this Fourth Amendment is in the physical possession of the party seeking enforcement thereof.

12. Ordinance No. and this Fourth Amendment, and any amendment or cancellation hereto shall be recorded in the Official Records of the San Bernardino. County Recorder, by the City Clerk within the period required by Section 65868. 5 of the Government Code.

The parties have executed this Fourth Amendment on the date and year first written above.

S- P Deerfield, LLC
A California Limited Liability Company
William J. Griffith, Manager
Insert title]
S- P East Highlands, LLC
A California Limited Liability Company
William J. Griffith, Manager
Insert title]
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Penny Lilburn, Mayor
ATTEST:

Alondra Munoz, City Clerk
APPROVED AS TO FORM:

Maricela Marroquin, City Attorney
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ATTACHMENT 8
Draft PC Minutes dated February 20, 2024
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PLANNING COMMISSION REGULAR MEETING MINUTES
February 20, 2024 — 6: 00 P. M.

CALL TO ORDER
The regular meeting of the Planning Commission of the City of Highland was called to order at 6: 00 p. m. by Chair Hamerly at the Donahue Council Chambers, 27215 Base Line, Highland, California.

Present: Chair
Vice Chair
Commissioner
Commissioner

Absent: Commissioner
Randall Hamerly
Chandra Thomas
Jarrod Miller
David Saran
Craig Graves
Staff Present: Lawrence Mainez, Community Development Director Kim Stater, Assistant Community Development Director
Matt Bennett, Assistant Public Works Director
Camille Duarte, Administrative Assistant III
Chair Hamerly led the Pledge of Allegiance.

COMMUNITY INPUT ( ITEMS NOT ON THE AGENDA)
None.

PUBLIC HEARING

1. Request for an Extension of Time for Tentative Parcel Map 19958 Tentative Tract Map 20090, the East Highlands Ranch Planned Unit Development ( EHR PUD) Development Agreement and Impact Fee Development Agreement related to the Blossoms Trails 137- unit- singlefamily residential subdivision on 25. 5 acres generally located at the southwest corner of Greenspot Road and Church Street.

Assistant Community Development Director Stater presented the staff report.

Commissioner Miller asked what was the duration of time when the original tentative map was approved?
Assistant Community Development Director Stater stated three years.

Commissioner Miller asked when did that occur?
Assistant Community Development Director Stater stated years 2018- 2021. The Planning Commission has extended it three times.

Chair Hamerly opened the public hearing.
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Applicant Camille Bahri stated I am the owner. This is the last piece of land of East Highlands Ranch. The development agreement is still in good standing, but we are seeking an extension before it expires. In terms of the development agreement the tentative map has a nine- year life, an initial five years, then two extensions of two years each. So, the development agreement grants the size of this East Highland Ranch development initially 3, 600 units but capping eventually at 2, 800 units. By state law it' s a three- year initial time frame, three extensions at one year. We did not follow exactly the allowed provision in the development agreement, but in essence, if the development agreement continues for another few years.

Since we are at the juncture where the tentative map needs to be extended, the development agreement also needs to be extended. So that is why we thought that best way is to revisit rather than debate whether should it have been allowed under the DA or not. There are some provisions by the state due to COVID- 19 that extend certain tentative maps that may apply to us. We have been working very hard on this to mitigate some of the issues that we have encountered that is not in our hands. What has happened when the market after the Great Recession came back, we did not feel that the original entitlements of 306 units would have been around 12 units per acre on a gross basis. We decided that maybe it is better to reduce our density by more than half and went with the program that was approved by the Planning Commission in 2018 is when we got the approval. It was at the same time frame when we were requested to conduct another survey of the Kangaroo Rat ( K- Rat), which we had done for about 20 years and did not catch any. There is no habitat there, but we got 4 K- Rats, and it has been a nightmare since. We received our permit from the United States Fish and Wildlife Service, but since then the state has adopted the San Bernardino Kangaroo Rat as an endangered species and they have their own standards on how to mitigate it. We are around the corner of finalizing the final touches on the Incidental Take Permit that the state issues through the California Department of Fish and Wildlife. We are meeting somewhere in the middle where it is not such a heavy burden where it would scare off a potential builder.

Commissioner Miller asked so you initially approached California Department of Fish and Wildlife and received conditions back, but those were not acceptable to you? Since those were not acceptable that is when you had to find something that was acceptable, and I am sure it was a significant amount of time.

Applicant Camille Bahri stated sort of. The initial process in 2017 with the K- Rat has to go through a protocol. They have to notify us when and how many nights they will be conducting the trapping. It is a biologist that is certified who reports what is caught and that first started with the United States Fish and Wildlife Service. That process took about six years until mid - last year. Later in the process is when the California Department of Fish and Wildlife stepped in and adopted the K- Rat as an endangered species. While we were in the process with United States of Fish and Wildlife, the State stepped in, and we were advised by both agencies to complete the process we started with the Federal Agency. An example, you need an exclusionary fence to be placed before you start the grading, so the K- Rat does not migrate or be harmed. The initial requirement is a biologist on the job site, 8- 10 hours a day watching for holes in the fence to make sure the K- Rat does not come in. The Santa Ana wash area that is owned and managed by the San Bernardino Valley Water Conservation District have areas that have been identified by the Federal Agencies and the State that they are good candidates to restore the K- Rat habitat.
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Commissioner Miller stated I think the $ 752, 000 Development Impact Fees on Greenspot Road is chump change. It is too small. I do not think it is what is best for our community, and it does not represent the impact to our infrastructure. I cannot support it.

Vice Chair Thomas asked has staff evaluated updating the Development Impact Fees ordnance?
Assistant Community Development Director Stater stated this is a part of a Master Plan community that had infrastructure requirements that have fulfilled over the term of the entire Specific Plan, like bridges, roads, and drainage systems. That is what offsets those lower fees and that is the purpose of the development agreement. A long- term project over many years and it is recognizing both sides. Staff understands exactly what you are stating, and the Director asked for the 5% escalator per year. Staff' s opinion that a lower fee is appropriate, and what that fee is somewhat debatable. So, our recommendation was a 5% escalator.

Commissioner Miller stated that is small. I have been involved in projects with the roads or storm drains and we have seen escalation significantly beyond these numbers presented.

They are too conservative and not representative.

Community Development Director Mainez stated it seems that there is a concern with one of our Commissioners. The Planning Commissioners can certainly recommend to the City Council but indicate the concern about that Development Impact Fee, because the authority sits with the Council. If you deny it tonight, it will still go to City Council for a recommendation of denial.

Chair Hamerly stated if we were to read the recommendation as it is written, and if it were to fail, we could parse it and state we are going to entertain a new motion and separate it into multiple motions and give the City Council. We do not have final finance authority, that always go to City Council for decision, however we can make an additional recommendation.

Assistant Community Development Director Stater stated the Planning Commissioners looked at fees five years ago. The development agreement is expiring October of 2024, so five years ago we did talk about fees for this project. This exact recommendation came before you to state if they are still appropriate fees to be charging the development.

Chair Hamerly stated as a Planning Commission, we recommended that the City Council put it on their list of future discussion items and to evaluate the Development Impact Fees that were representing the cost of delivering service to new units as they are constructed.

Community Development Director Mainez stated we just went through that process and the new fees will take effect April 1, 2024. Those were adjusted through a very detailed nexus study. There are two development agreements, Master Development Agreement, and Development Impact Fees Agreement.

Applicant Camille Bahri stated I have lived with this for a very long time, and I do have the background. I would be remised not to clarify a few things if you have been offended by the fee structure. The fee is revisited on a yearly basis. For instance, the city staff would remove something from the cities program that is covered by the Development Impact Fees. Also, the -125-
fee is revisited for cost, what kind of index the city feels should be applied to keep up with cost of construction. All of the fees that apply either partially or fully to the East Highlands Ranch because some fees apply 100% and escalate at the same rate that everybody else. It is typically 2. 5% and what staff suggested is to double it. The $ 750, 000 plus or minus was not the sweetheart deal that East Highlands Ranch reached with the city and getting away with murder while others are paying more. This is a reduction in view of things that the ranch provided. Many years ago, the fire station on Weaver Avenue and Base Line was built and funded by the ranch. So, it is not that the ranch or Blossom Trails is getting away with the lower fee. While this owner has not had the chance to develop its own property, although it is contributed to that fire station and is still waiting to benefit from something that they contributed cost decades ago. I hope you do not feel that the city has been short changed, there has been a lot more than the balance and the difference between not being East Highlands Ranch versus East Highlands Ranch Development Impact Fees that have been expended, put in the ground and being of service to all of the existing community for many years.

Commissioner Miller stated I understand your point. As it relates to infrastructure, I feel the drainage infrastructure in your area, specifically as it relates to Church Street, is inadequate.

It had huge flooding issues, and it needs more funding. The roads that will support this development and their existing state, along with the other commercial development, will be stressed. The $ 750,000, no matter how you spend it with 137 lots, it is a small amount. There may have been money paid back 30 years ago, but we are in different times. The construction costs that we are seeing on these projects are not 2. 5% or 5%, they are more like 25 or 30%.

So, I appreciate your response, I does not change my opinion.

Applicant Camille Bahri stated the flooding on Church Street is not a city burden. 15 years ago, we built the Church Street Channel before Blossom Trails. The flooding as mentioned is not the city' s responsibility, it is the Flood Control responsibility. I would like to point out the traffic concern, we do contribute to the regional facilities with a fee specific to the East Highlands Ranch and the only median that has existed in the city is facing Blossom Trails because these the ranch did the full right of way before I came to the East Highlands Ranch in 1990. Thank you.

Chair Hamerly closed the public hearing.

A MOTION was made by Vice Chair Thomas and seconded by Commissioner Saran to adopt Resolution No. 2024- 004, recommending the City Council adopt a Resolution to approve Extension of Time for Tentative Parcel Map 19958 and Tentative Tract Map 20090 and introduce an ordinance to extend the term of the East Highlands Ranch PUD Development Agreement and Impact Fee Development Agreement. Motion carried, 3- 1- 1, with Commissioner voting no and Commissioner Graves being absent.

RESOLUTION NO. 2024- 004

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HIGHLAND,

CALIFORNIA, RECOMMENDING THE CITY COUNCIL APPROVE EXTENSION OF TIME EXT 24- 002 TO EXTEND TENTATIVE PARCEL MAP 19958 ( TPM 17- 002) AND TENTATIVE TRACT MAP 20090 ( TTM 17- 001) FOR A PERIOD OF TWO YEARS AND APPROVE EXTENSION OF TIME 24- 001 EXTENDING THE EAST HIGHLANDS RANCH -126-

DEVELOPMENT AGREEMENT AND DEVELOPMENT FREE AGREEMENT FOR THE PERIOD OF FIVE YEARS TO FACILITATE THE DEVELOPMENT OF " BLOSSOMS TRAILS", A 137 UNIT RESIDENTIAL DEVELOPMENT LOCATED ON THE SOUTHSIDE OF GREENSPOT ROAD WEST OF CHURCH STREET.

ANNOUNCEMENTS
The Planning Commissions next regular meeting is scheduled March 5, 2024.

ADJOURN
There being no further business, Chair Hamerly declared the meeting adjourned at 6: 32 p. m.

Submitted by:

Camille Duarte, Administrative Assistant III
Community Development Department
Approved by:

Randall Hamerly, Chair
Planning Commission
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STAFF REPORT

TO THE CITY COUNCIL
DATE: March 12, 2024
FROM: Chuck Dantuono, Interim City Manager/ City Treasurer REVIEWED BY: Maricela E. Marroquin, City Attorney
PREPARED BY: Chuck Dantuono, Interim City Manager/ City Treasurer SUBJECT: Final Action on Employment Agreement between Carlos Zamano and the City of Highland.

RECOMMENDATION: That the City Council authorize the Mayor to execute the Employment agreement between Carlos Zamano and the City of Highland.

FISCAL IMPACT: Total Salary of $235, 788 annually.

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: On August 31, 2023, City Manager, Joseph Hughes submitted his Notice of Retirement to be effective December 29, 2023. On October 18, 2023, the Finance/Personnel Subcommittee reviewed the submitted Request for Proposals (RFPs) for City Manager Recruitment Services and subsequently awarded a Professional Services Agreement to Ralph Andersen & Associates ( RAA). Working with Fred Wilson of RAA, the Finance/ Personnel Subcommittee interviewed 6 candidates in closed session on December 21, 2023. The City Council interviewed 5 candidates in closed session on January 30, 2024.

Highland Public Works Director/ City Engineer, Carlos Zamano was selected as the top candidate. As directed by the City Council, the City Attorney drafted the attached proposed agreement which has been reviewed, accepted, and signed by Carlos Zamano. The main points of the agreement are as follows:

Annual salary of $ 224, 568 or $ 18, 714 monthly.

Approved Motion
Denied Ayes
Continued Noes
Tabled Abstain
Absent
City Clerk
Second Agenda Item No.

File No
City Manager
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Continue to receive bilingual pay which is 5% of the current salary. This amounts to an additional $ 935 per month or $ 11, 220 annually. This would bring the annual salary to $ 235, 788 ($ 224, 568 + $ 11, 220).

A merit salary increase, or other salary/ benefit incentives may be considered by the City Council at an annual performance review.

Be provided with a one-time offer to buy back 100 hours of accrued vacation leave, which shall not reduce the annual 60 hours of vacation leave that can be purchased.

Be provided with the same Cost -of -Living Adjustment ( COLA) as City employees.

Vehicle allowance of $700 per month.

Be provided with a combined contribution to the ICMA Deferred Compensation Plan. For each $ 2. 00 of voluntary contributions made, the City will contribute $ 1. 00 up to the maximum allowed combined contribution limit. In 2024, the maximum contribution is 30, 500. The City' s responsibility of this amount would be $ 10, 165 or 33%.

Keep the same benefits that is currently being received such as: Cafeteria Plan of $ 1, 500 per month, Life insurance, and PERS retirement 2% at 55.

Keep the current accrued leave balances.

The City Attorney has prepared the attached agreement and has approved as to form. -2-

CITY MANAGER EMPLOYMENT AGREEMENT
THIS AGREEMENT is entered into as of the 12th day of March, 2024 (" Effective Date"), by and between the CITY OF HIGHLAND, a general law city and municipal corporation of the State of California ( the " City"), and Carlos Zamano, an individual (" Employee" or the " City Manager").

The City and the Employee are sometimes individually referred to as a " Party" and collectively as the " Parties."

RECITALS
A. The City requires the services of a City Manager.

B. Employee has the necessary education, experience, skills and expertise to serve as the City' s City Manager.

C. The City Council of the City ( the " City Council") desires to employ Employee to serve as the City Manager of the City.

D. The Parties desire to execute this Agreement pursuant to the authority of and subject to the provisions of Government Code Sections 53260 et seq.

E. In consideration of these Recitals and the performance by the Parties of the promises, covenants and conditions herein contained, the Parties agree as provided in this Agreement.

AGREEMENT

1. EMPLOYMENT
The City hereby appoints and employs Employee, commencing on March 13, 2024 as its City Manager. Employee hereby accepts such employment.

2. COMMITMENTS AND UNDERSTANDINGS
A. Employee' s Commitments.
1) Duties and Authority.
a) Employee shall be the chief executive officer of the City and be responsible to the City Council for the proper administration of all affairs of the City. b) Employee shall perform all of the duties of the City Manager as set forth in Chapter 2. 08 of the Highland Municipal Code, the California Government Code, and City policies and procedures approved by the City Council, as may be provided from time to time. To the extent any provision or provisions of the Highland Municipal Code may be inconsistent with the terms ofthis Agreement, the terms ofthis Agreement shall prevail and apply. The City Council may amend Chapter 2. 08 of the Highland Municipal Code in the future, but such amendment shall not affect the substantive provisions of this Agreement. In addition to the powers and duties Page - 1- of 11
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expressly set forth and incorporated herein, Employee shall have such powers and duties which are delegated to him by the City Council. Employee shall execute all of the powers and duties in accordance with the policies adopted by the City Council and applicable state and federal laws. c) Employee shall exercise such other powers and perform such other duties as City Council may from time to time assign. As determined by the City Council, Employee shall serve as representative to any agency or organization to which the City Council may make appointments. Except as otherwise determined by the City Council, Employee shall serve as Executive Director to any agency, authority or similar entity staffed by City or any City -related legal entity.
d) Employee shall administer and enforce policies established by the City Council and promulgate rules and regulations as necessary to implement City Council policies.
e) Employee represents that he has the necessary qualifications and licenses required in the performance of his duties and responsibilities pursuant to this Agreement, and that any such licenses will be maintained in effect and good standing during the term of this Agreement.
f) To accomplish this, Employee shall have the power and shall be required to:
i) Attend all meetings of the City Council, unless excused by the Mayor, and take part in the discussion of all matters before the City Council. The Mayor shall not unreasonably refuse to excuse the City Manager' s absence. ii) Direct the work of all City officers and departments that are the concern and responsibility of the City Council, except those that are directly appointed by or report directly to the City Council. Employee shall endeavor to implement changes that Employee believes will result in greater efficiency, economy, or improved public service in the administration of City affairs.
iii) Recommend to the City Council from time to time, adoption of such measures as Employee may deem necessary or expedient for the health, safety, or welfare of the community or for the improvement of administrative services. iv) Develop and recommend to the City Council long- range plans to improve City operations and prepare for future City growth and development. v) Provide management training and develop leadership
qualities among department heads and staff as necessary to build a City management team that can plan for and meet future challenges.
vi) Exercise control of City government in emergencies as authorized by the Municipal Code and California law.

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2) Hours of Work.
a) Employee is an exempt employee and is expected to engage in those hours of work that are necessary to fulfill the obligations of Employee' s position. Employee does not have set hours of work as the City Manager is expected to be available at all times. The City Manager shall be exempt from the overtime pay provisions of California law (if any) and federal law.
b) It is recognized that the Employee must devote a great deal of time to the business of the City outside ofthe City' s customary office hours, and to that end, Employee' s schedule of work each day and week shall vary in accordance with the work required to be performed. Employee shall spend sufficient hours on site to perform the City Manager' s duties.

B. City Commitments.
1) The City shall provide Employee with the compensation, incentives and benefits, specified elsewhere in this Agreement.
2) The City shall provide Employee with the facilities and services adequate for the performance of the City Manager' s duties.
3) The City agrees to pay for Employee' s reasonable travel and subsistence expenses for education, short courses, institutes and seminars that are necessary for the good of the City or for the professional development of Employee. Such travel and expenses shall be approved in advance by the City Council, or may be approved by the City Council on an annual basis, or by establishing a budget for the City Manager' s position which allows for their reimbursement. Reimbursement of expenses shall be made by the City in accordance with established City policies and procedures.

C. City Council Commitments.
1) The City Council sets policy for the governance and administration of the City, and implements its policies through the City Manager. 2) The City Council recognizes that to meet the challenges facing the City they must exercise decisive policy leadership. As one step in carrying out this leadership responsibility, the City Council commits to continuing its established policy of spending time each year outside of regular City Council meetings to work with Employee and staff on setting goals and priorities for the City government, and to work on issues that may be otherwise inhibit the maximal achievement of City goals.
3) Except for the purpose of inquiry, the City Council and its members shall deal with all subordinate City employees, officers, contractors, and consultants through the City Manager or his designee.
4) Neither the City Council nor any of its members shall interfere with the execution of the powers and duties of the City Manager. The City Manager shall take orders and instructions from the City Council only when it is sitting as a body in a lawfully held meeting, or Page - 3- of 11
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where the City Manager believes that a recommended action is in the immediate best interests of the City and within the scope of his authority.

D. Mutual Commitments.
1) Performance Evaluation.
a) Annual performance evaluations are an important way for the City Council and Employee to ensure effective communications about expectations and performance. b) The City Council recognizes that for Employee to respond to its needs and to grow in the performance of Employee' s job, the City Manager needs to know how the City Council Members evaluate Employee' s performance. c) To assure that the City Manager receives this feedback, the City Council shall conduct an evaluation of Employee' s performance at least once each year. The first performance evaluation shall take place on or before March 11, 2025. Employee shall establish a mutually convenient time, provide all relevant information to the City Council prior to the date scheduled, and timely agendize all such performance evaluations. d) The annual review and evaluation shall be in accordance with specific criteria developed jointly by the City Council and Employee. Such criteria may be added to or deleted as the City Council may from time to time determine. The City Council and Employee shall define such goals and performance objectives as they mutually determine are necessary for the proper operation of the City for the attainment of the City Council' s policy objectives, and the City Council and Employee shall further establish a relative priority among those goals and performance objectives.

3. COMPENSATION
The City agrees to provide the following compensation to Employee during the term of this Agreement:

A. Base Salary.
1) The annual base salary for the position of City Manager shall be 224, 568. 00, effective March 12, 2024. In addition, the annual base salary, Employee shall continue to receive bilingual pay which is 5% of his current salary. With the addition of the bilingual pay, Employee' s annual salary shall be $ 235, 788.00. Employee' s salary is compensation for all hours worked and for all services under this Agreement, including those as an Executive Director or involving any other position, office or appointment associated with the City. 2) Employee shall receive the same Cost -of -Living Adjustment ( COLA) as City employees.
3) Employee shall have a one-time opportunity to buy-back 100 hours of accrued vacation leave, which shall not reduce the annual 60 hours of vacation leave.

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4) A merit salary increase or other salary/benefit incentives may be considered by the City Council at an annual performance review.
5) Employee shall be paid at the same intervals and in the same manner as regular City employees.

B. Deferred Compensation. Employee shall be eligible for a combined contribution to the ICMA Deferred Compensation Plan. For each $ 2. 00 of voluntary contributions made by the Employee, the City will contribute $ 1. 00 up to the maximum allowed combined contribution limit.

C. Retirement. The City contracts with the California Public Employees' Retirement System (" PERS") for retirement benefits; the current City PERS plan provides 2% at 55.

Employee shall receive PERS benefits on the same terms and conditions as regular management employees ofthe City.

D. Basic Benefits.
1) Paid Holidays. Employee shall be entitled to the same paid holidays, on the same terms, as are provided to regular employees of the City. 2) Vacation Leave. Employee shall retain his accrued vacation leave upon commencement of this Agreement, and shall continue to receive the maximum vacation accrual offered to regular management employees of the City during the term of this Agreement.

E. Automobile. Employee is on call twenty- four hours per day, and is expected to use, maintain and insure his personal vehicle such that it is available at all times for his use on City business. In consideration of these requirements, Employee shall receive a vehicle allowance of 700. 00 per month. This allowance is intended to cover the entire cost of the Employee' s automobile, including, but not limited to, purchase, depreciation, maintenance, repair, insurance and mileage. Employee shall be required to provide proof of vehicle liability insurance in the amounts and in the form and with the endorsements required by the City.

F. Cellular Phone. The City shall provide Employee with a City -issued cellular device to maintain communication with the City Council and City staff. Such equipment shall remain the sole property of the City and the City reserves the right to monitor the use of its equipment. Employee agrees that Employee has no privacy rights in the use of such equipment and the equipment shall be returned upon termination or separation from employment.

4. HEALTH AND WELFARE BENEFITS
A. Health and Welfare Benefits.
1) Cafeteria Plan. Employee shall continue to receive a Cafeteria Plan contribution equivalent to the dollar amount provided for regular management employees of the City.

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2) Life Insurance. Employee shall continue to receive the same life insurance package as is provided for regular management employees of the City. 3) Other Benefits. Employee shall also receive other welfare benefits made available by the City Council to other City employees, on the same terms and conditions. 4) Sick Leave. Employee shall continue to accrue sick leave at the same rate and on the same terms and conditions as it is provided to regular management employees of the City.
5) Administrative Leave. Employee shall continue to accrue administrative leave on the same terms and conditions as such leave is afforded regular management employees of the City.
6) Leave Buy -Back Privileges. Employee shall continue to have the same leave buy- back privileges as are afforded regular management employees of the City.

5. SEPARATION
A. Resignation/ Retirement.
1) Employee may resign at any time and agrees to give the City at least sixty 60) calendar days' advance written notice of the effective date of his resignation, unless the Parties otherwise agree in writing.
2) If Employee retires from full time public service with the City, Employee may provide six ( 6) months' advance notice. Employee' s actual retirement date will be mutually established.

B. Termination and Removal.
1) Employee is an at -will employee serving at the pleasure ofthe City Council as provided in Government Code Section 36506. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City to terminate this Agreement and the employment of the City Manager at any time, with or without cause, as provided in this paragraph. 2) The City Council may remove Employee at any time, with or without cause, by a four -fifths vote of its members. Notice of termination shall be provided to Employee in writing. Any such notice of termination or act constituting termination shall be given at or effectuated at a duly noticed meeting of the City Council.

C. Severance.
1) In the event Employee is terminated by the City Council without cause during such time that Employee is willing and able to perform the City Manager' s duties under this Agreement, then in that event the City agrees to pay Employee a lump sum cash payment equal to six ( 6) months' base salary then in effect.

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2) In the event Employee is terminated within three ( 3) months following a general municipal election at which at least one ( 1) member of the City Council is elected, Employee shall be entitled to double the amount of severance provided in section ( 1) above.

D. Separation for Cause.
1) Notwithstanding the provisions of Section 5. C, Employee may be terminated for cause. As used in this section, " cause" shall mean any of the following:
a) Conviction of a felony or any offense involving a violation of Employee' s official duties;
b) If, during the term of this Agreement, Employee becomes mentally or physically incapable of performing the City Manager' s functions and duties as set forth in this Agreement with reasonable accommodation, and it reasonably appears such incapacity will last for more than six ( 6) months;
c) Continued abuse or use of prescription or non- prescription drugs or alcohol that materially affects the performance of City Manager' s duties; d) Repeated and protracted unexcused absences from the City Manager' s office and duties;
e) Refusal to comply with a lawful order or instruction issued by a majority of the City Council at a lawfully convened meeting; f) Deliberate falsification of City records or official documents, or instructing a City employee to commit an act which Employee knows or has reason to know is a crime; or
g) Failure and refusal to carry out the duties of the City Manager as set forth in this Agreement.
2) In the event the City Council terminates Employee for cause, then the City Council may also terminate this Agreement immediately, and Employee shall be entitled to only the compensation accrued up to the date of termination, payments for unused accrued vacation leave balance, and such other termination benefits and payments as may be required by law.

Employee shall not be entitled to any severance benefits provided by Section 5. C. Further, in the event the City Manager is convicted of a crime involving an abuse of office or position, the City Manager shall reimburse City for any paid leave salary offered pending investigation or cash settlement ( including severance), as provided by Government Code Sections 53243 — 53243. 4.

E. Death of Employee.

In the event Employee dies while employed by the City under this Agreement, this Agreement shall terminate, and Employee' s beneficiaries or those entitled to his estate shall be entitled to Employee' s earned salary and any in -lieu payments for accrued benefits, including compensation for the value of any accrued leave balances.

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6. MISCELLANEOUS PROVISIONS
A. Term.

Unless sooner terminated, the term of this Agreement shall commence on the Effective Date and terminate on March 12, 2025 (" Term"). This Agreement will automatically renew on March I Ith of each year, for additional one year renewal terms on the same terms and conditions that are in force at the time of the renewal, unless either party gives the other party written notice of non -renewal at least three months prior to the end of the term of this Agreement." B. Amendments.

This Agreement may be amended at any time by mutual agreement of the City and Employee. Any amendment shall be negotiated, in writing, and approved by the City Council.

C. Conflict of Interest.
1) Employee shall not engage in any business or transaction or have a financial or other personal interest or association, direct or indirect, which is in conflict with the proper discharge of official duties or would tend to impair independence of judgment or action in the performance of official duties. Personal, as distinguished from financial interest, includes an interest arising from blood or marriage relationships or close business, personal, or political relationships or close business, personal or political associations. This section shall not serve to prohibit independent acts or other forms of enterprise during those hours not covered by active City employment, providing such acts do not constitute a conflict of interest as defined herein. 2) Employee shall also be subject to the conflict of interest provisions of the California Government Code and any conflict of interest code applicable to Employee' s City employment.
3) Employee is responsible for submitting to the City Clerk the appropriate Conflict of Interest Statements at the time of appointment, annually thereafter, and at the time of separation from his position.

D. Indemnification.
1) Except as otherwise permitted, provided, limited or required by law, including without limitation California Government Code Sections 825, 995, and 995. 2 through 995. 8, the City will defend and indemnify Employee, using legal counsel of the City' s choosing, against legal liability for acts or omissions by Employee occurring in the course and scope of employment under this Agreement. The City may compromise and settle any such claim or suit and pay the amount of any settlement orjudgment rendered thereon. In the event the City provides funds for legal criminal defense pursuant to this section and the terms of the Government Code, Employee shall reimburse the City for such legal criminal defense funds if Employee is convicted of a crime involving an abuse of office or position, as provided by Government Code Sections 53243 through 53243. 4. Further, in the event Employee is convicted of a crime involving an abuse of office or position, Employee shall reimburse City for any paid leave or cash settlement, as provided by Government Code Sections 53243 through 53243. 4.

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2) The indemnification provided in this Section 6. D shall extend beyond termination of employment and this Agreement to provide protection for any such acts undertaken or committed in Employee' s capacity as City Manager, regardless of whether the notice of filing of a claim or lawsuit occurs during or following employment with the City. 3) In the event that the City Manager shall serve as the chief executive of other City -related legal entities as provided in Section 2.A( 1)( c), then each provision of this Section shall be equally applicable to each City -related legal entity as though set forth in an indemnity agreement between Employee and that legal entity.

E. Confidential Information.

Employee acknowledges and agrees that in the performance of his duties, the City discloses and entrusts him with certain confidential proprietary information. Employee agrees not to directly or indirectly disclose or use at any time any such information, whether it be in the form of records, lists, data, personnel information, reports or otherwise, of a business or technical nature, which was acquired or viewed by Employee during Employee' s relationship with the City unless such disclosure is authorized by the City in writing, required by law, or required in the performance of the duties of the City Manager. This provision shall survive the termination or expiration of this Agreement.

F. Independent Review of Agreement.

Employee acknowledges that he has had the opportunity and has conducted an independent review of the financial and legal effects of this Agreement. Employee acknowledges that he has made an independent judgment upon the financial and legal effects of this Agreement and has not relied upon any representation of the City, its officers, agents or employees other than those expressly set forth in this Agreement.

G. Severability.

If any clause, sentence, part, section, or portion of this Agreement is found by a court of competent jurisdiction to be illegal or unenforceable, such clause, sentence, part, section, or portion so found shall be regarded as though it were not part of this Agreement and the remaining parts of this Agreement shall be fully binding and enforceable by the Parties hereto.

H. Jurisdiction and Venue.

This Agreement shall be construed in accordance with the laws of the State of California, and the Parties agree that venue shall be in San Bernardino County, California.

I. Entire Agreement.

This Agreement represents the entire agreement of the Parties, and no representations have been made or relied upon except as set forth herein. This Agreement may be amended or modified only by a written, fully executed agreement of the Parties, as set forth herein.

Notice.

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Any notice, amendments, or additions to this Agreement, including changes of address of either Party during the term hereof, which Employee or the City shall be required, or may desire, to make shall be in writing and shall be sent by prepaid first class mail or hand - delivered to the respective parties as follows:

Ifto the City: Mayor and City Council
27515 Base Line
Highland, CA 92346
If to Employee: Carlos Zamano
Will be mailed to his last address on file in his
personnel file.

K. Drafting of Agreement.

The Parties hereto acknowledge and agree that although this Agreement has been drafted by City' s legal counsel, Employee has reviewed, or had an opportunity to review the terms of this Agreement with his legal counsel. Consequently, the doctrine that ambiguities in an agreement should be resolved against the drafting party shall not be employed in connection with this Agreement and this Agreement shall be interpreted in accordance with its fair meaning.

L. Voluntary Agreement.

Employee represents and warrants that he has read carefully and fully understands all the provisions of this Agreement, that he is free to enter into this Agreement and to render the services described in it, that he entering into and performance of this Agreement will not breach or violate or conflict with any other agreement ( written or oral) to which he is a party, and that he has had an opportunity to consult with his legal counsel prior to entering into this Agreement and has either done so or voluntarily chosen not to do so. Employee is voluntarily entering into this Agreement. The City represents and warrants that it has the right and power to enter into this Agreement.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year first above written.

CITY" " CITY MANAGER" " EMPLOYEE"
Penny Lilburn, Mayor Carlos Zamano, y M ager
ATTEST:

Alondra Munoz, City Clerk
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APPROVED AS TO FORM:

Maricela E. Marroquin, City Attorney
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STAFF REPORT

TO THE CITY COUNCIL
DATE: March 12, 2024
FROM: Chuck Dantuono, Interim City Manager
REVIEWED BY: Carlos Zamano, Public Works Director/City Engineer 6Z PREPARED BY: Matt Bennett, Assistant Public Works Director " 54-1 SUBJECT: Development Impact Fee Reimbursement for Greenspot Road Improvements, TTM 18893
RECOMMENDATION: It is recommended that the City Council approve the Greenspot Road improvement reimbursement to Sunland, LLC in the amount of 63, 237. 00.

FISCAL IMPACT: As per DRA- 012- 007/ East Valley Water District Administrative Office and Corporate Yard located at 31111 Greenspot Road, EVWD paid 63,237. 00 in lieu of the design and construction of a future landscaped median on Greenspot Road across their project frontage.

Reimbursement paid to Sunland, LLC is offset by the design and construction of Greenspot Road street improvements constructed in conjunction with the TTM 18893 Sunland, LLC residential development.

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: In accordance with City Council Resolution No. 2020- 005, TTM 18893 as approved on Dec. 8, 2020, the Engineering Conditions of Approval required the project to widen and improve Greenspot Road along the TTM 18893 project frontage. This Greenspot Road widening project incorporated existing EVWD driveways at the new Mediterra Parkway traffic signal and the corporate yard, as approved by the City Engineer.

Approved Motion
Denied Ayes
Continued Noes
Tabled Abstain
A --`, A Absent
Second Agenda Item No. 17
File No.

City Clerk City Manager
-1-
Pursuant to the City' s Policy, the developer' s cost to widen Greenspot Road along the project frontage, including construction of sidewalk, curb and gutter, asphalt paving, raised landscaped medians and driveway approaches is eligible for reimbursement of the full design, construction, engineering and contract administration cost. The reimbursement request is in the amount of 63, 237. 00.

There will be no direct impacts to the City' s existing Regional Circulation System DIF Fund because the reimbursement requested to offset the design and construction of the street improvements as conditioned by Engineering and approved by the City Council on December 8, 2020 do not exceed the in -lieu cash payment of $ 63, 237. 00 by EVWD for the design and construction of the Greenspot Road improvements. Furthermore, the on -going maintenance impacts to the City' s General Fund will be offset by the Homeowner' s Association ( or Maintenance Community Facilities District) conditioned to establish a funding mechanism to maintain the landscaped parkways and median along Greenspot Road in perpetuity.

Based on the required findings listed above, staff recommends the City Council consider Sunland, LLC' s reimbursement request for a Regional Circulation System DIF reimbursement totaling 63, 237. 00.

ATTACHMENT: Vicinity Map
LAEngineering_ Backup\ 03017536 - PUD 013- 001 - Tr 18893 - Mediterra\ DIF credit\ DIF Sunland LLC\ Sunland LLC reimbursement staff report. doc
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1119: 3Oki : r±9:[1 Base
Line 07G
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space
Greenspot Road Pine v
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Greenspot
Road
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STAFF REPORT

TO THE CITY COUNCIL
DATE: February 13, 2024
FROM: Chuck Dantuono, Interim City Manager
PREPARED BY: Alondra Munoz, City Clerk
SUBJECT: City Manager Report and Comments
Work Program, Regional/ Legislative/ Development Issues, Subcommittees, etc.)
RECOMMENDATION: Discussion and possible action.

Approved Motion Second Agenda Item No.

Denied Ayes
Continued Noes File No.

Tabled Abstain
Absent
City Clerk City Manager
-1-

STAFF REPORT

TO THE CITY COUNCIL
DATE: February 13, 2024
FROM: Chuck Dantuono, Interim City Manager
PREPARED BY: Alondra Munoz, City Clerk
SUBJECT: Council Member Comments
Agency/ Committee/ AB1234 Reports, District Updates, etc.) RECOMMENDATION: Discussion and possible action.

Approved Motion
Denied Ayes
Continued Noes
Tabled Abstain
Absent
Second Agenda Item No.

File No.

City Clerk City Manager
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