Cities Index.
Agenda, regular meeting, second session

Highland City Council
October 8, 2024

Document
Agenda, regular meeting, second session
Meeting
October 8, 2024
Body
Highland City Council
Pages
78
Original file
252.9 MB
Text extracted from the city's file for reading and search. Open the original on highlandca.api.civicclerk.com. That file is the official record.

August 2024
105
Exhibit D - Mitigation Monitoring and Reporting Program Time Frame for Responsible Verification of Com liance
No. Mitigation Measure Implementation Agency/ Party
Initials Date Remarks
MM PALEO- 1 Prior to the start of grading, the Applicant shall Prior to Grading Project prepare, and the City shall approve, a Paleontological Applicant/ Cultural Resource Impact Mitigation Program ( PRIMP). The Consultant PRIMP shall include methods for:

Attendance by a qualified paleontologist at the
preconstruction meeting to consult with the
grading and excavation contractors.

On -site presence of a paleontological monitor to
inspect for paleontological resources during the
excavation of previously undisturbed deposits.

Salvage and recovery of paleontological
resources by the qualified paleontologist or
paleontological monitor.

Preparation ( repair and cleaning), sorting, and
cataloguing of recovered paleontological
resources.

Donation of prepared fossils, field notes,
photographs, and maps to a scientific institution
preferably the LACM) with permanent
paleontological collections.

Completion of a final summary report that
outlines the results of the mitigation program, to
be submitted for approval by the City of
Highland.

MM PALEO- 2 A qualified paleontological monitor shall be present Prior to Grading Project part-time to monitor grading of undisturbed alluvial Applicant/ Cultural fan deposits starting at a depth of five feet below the Consultant

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August 2024
106
Exhibit D - Mitigation Monitoring and Reporting Program Time Frame for Responsible Verification of Compliance
No. Mitigation Measure Implementation Agency/ Party
Initials Date Remarks
surface. A suggested part- time monitoring schedule
may be three days per week during earth disturbance
activities. Full- time monitoring may be implemented
at the discretion of the project paleontologist based
on actual conditions observed, such as finding a fossil deemed to be significant. The paleontological
monitor shall have the authority to halt or redirect
grading activities if paleontological resources are
found on site.

Hazards and Hazardous Materials
PDF HAZ- 1 Prior to the acceptance of imported soil, the material During Grading Project shall be tested to confirm no Contaminants of
Concern ( COC) exceed State of California screening
Applicant/ Project
Contractor/ City
levels. Public Work
MM HAZ- 1 Prior to the demolition of existing structures, a survey Prior to Project Applicant/ for asbestos containing materials ( ACM), lead based Demolition of City Public Work paint ( LBP), and polychlorinated biphenyl ( PCBs) shall Buildings be conducted, and any such materials shall be
removed and disposed of properly by qualified
certified technicians in accordance with State
regulations.

Noise
PDF N0I- 1 All HVAC equipment should be fully shielded behind During final Project Applicant noise barrier walls from the line of sight of adjacent design properties.

PDF NOI - 2 A six ( b) foot high concrete masonry unit ( CMU) block During final Project Applicant wall will be installed along the project frontage on design Central Avenue. The proposed block wall will het

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August 2024
107
Exhibit D - Mitigation Monitoring and Reporting Program Time Frame for Responsible Verification of Compliance
No. Mitigation Measure Implementation Agency/ Party
Initials Date Remarks
shield the habitable backyard exterior areas of homes
fronting Central Avenue.

PDF NOI - 3 The project should incorporate building construction During final Project Applicant techniques and insulation that is consistent with design California Title 24 Building Standards to achieve the
minimum interior noise standard of 45 dBA CNEL for
all residential units.

PDF NOI - 4 A " windows closed" condition with upgraded During final Project Applicant windows and sliding glass doors should be provided design for all residential units facing Central Avenue and
Base Line Street in order to meet the interior noise
standard. To accommodate windows closed
conditions, all units facing the adjacent roadways shall be equipped with mechanical fresh air ventilation.

See Section 6. 1. 2, Table 15, for details regarding
window STC requirements.

PDF NOI - 5 For proper acoustical performance, all exterior During final Project Applicant windows, doors, and sliding glass doors should have design a positive seal and leaks/ cracks must be kept to a
minimum. Attic vents and opening should be
oriented away from the adjacent roadways.

PDF NOI - 6 The project should comply with City of Highland During Project Municipal Code requirements, and all construction Construction Applicant/ Project will take pursuant to a valid written agreement with Contractor the City or applicable political subdivisions, which
agreement provides for noise mitigation measures
including the limitation of construction hours
between 7: 00 am and 7: 00 pm.

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August 2024
108
Exhibit D - Mitigation Monitoring and Reporting Program Time Frame for Responsible Verification of Compliance
No. Mitigation Measure Implementation Agency/ Party
Initials Date Remarks
PDF NOI - 7 Provide public notifications and signage in readily During Project visible locations along the perimeter of construction Construction Applicant/ Project sites that indicate the dates and duration of Contractor construction activities, as well as provide a telephone number where neighbors can enquire about the
construction process and register complaints to a
designated construction noise disturbance
coordinator.

PDF NOI - 8 All construction equipment should be equipped with During Project mufflers and other suitable noise attenuation devices Construction Applicant/ Project e. g., engine shields). Contractor
PDF NOI - 9 Establish an electric connection to the site to avoid the During Project use of diesel- and gas - powered generators, to the Construction Applicant/ Project extent feasible. Contractor
PDF NOI - 10 Locate staging area, generators, and stationary During Project construction equipment as far from the adjacent Construction Applicant/ Project residential homes as feasible. Contractor
PDF NOI - 11 Construction - related equipment, including heavy- During Project duty equipment, motor vehicles, and portable Construction Applicant/ Project equipment, should be turned off when not in use for Contractor more than 5 minutes.

Trans ortation/ Traffic
MM TRANS- 1 Final Design of the Project entry call box island shall Final Design Project accommodate a turn - around sufficient for delivery Applicant/ Traffic trucks and sufficient queuing of two ( 2) vehicles Consultant/ City outside of the Central Avenue right- of- way.

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August 2024
109
Exhibit D - Mitigation Monitoring and Reporting Program Time Frame for Responsible Verification of Com liance
No. Mitigation Measure Implementation Agency/ Party
Initials Date Remarks
Tri al Cultura Resources
MM TRC- 1 The Yuhaaviatam of San Manuel Nation Cultural Prior to Grading Project Applicant/ Resources Department ( YSMN) and Gabrieleno Band Permit Project of Mission Indians - Kizh Nation shall be contacted, as Archaeologist/ detailed in MM CUL- 1, of any pre -contact and/ or Native American historic - era cultural resources discovered during Monitor project implementation, and be provided information
regarding the nature of the find, so as to provide
Tribal input with regards to significance and
treatment. Should the find be deemed significant, as
defined by CEQA ( as amended, 2015), a cultural
resources Monitoring and Treatment Plan shall be
created by the archaeologist, in coordination with
YSMN and Gabrieleno Band of Mission Indians - Kizh
Nation, and all subsequent finds shall be subject to
this Plan. This Plan shall allow for a monitor to be
present that represents YSMN or Gabrieleno Band of
Mission Indians - Kizh Nation for the remainder of the
project, should YSMN or Gabrieleno Band of Mission
Indians - Kizh Nation elect to place a monitor on -site.

MM TRC- 2 The Project Applicant shall retain one Native During Grading Project Applicant/ American Monitor from or approved by the City/ Native
Yuhaaviatam of San Manuel Nation Cultural American Monitor Resources Management Department (YSMN) or the
Gabrieleno Band of Mission Indians - Kizh Nation
Consulting Tribes"). The monitor shall be retained
prior to the commencement of any " ground -
disturbing activity" for the subject project at all project locations ( i. e., both on -site and any off -site locations that are included in the project description/ definition

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August 2024
110
Exhibit D - Mitigation Monitoring and Reporting Program Time Frame for Responsible Verification of Compliance
No. Mitigation Measure Implementation Agency/ Party
Initials Date Remarks
and/ or required in connection with the project, such
as public improvement work). " Ground- disturbing
activity" shall include, but is not limited to, tree/ shrub removal and planting, clearing/ grubbing, demolition,
pavement removal, potholing, auguring, boring,
grading, excavation, drilling, trenching, compaction,
fence/ gate removal and installation, drainage and
irrigation removal and installation, hardscape
installation [ benches, signage, boulders, walls, seat
walls, fountains, etc.], and archaeological work. Due
to the heightened cultural sensitivity of the proposed
project area, a tribal monitor from the Consulting
Tribe( s) and archaeologist with at least 3 years of
regional experience in archaeology shall be present
for allground- disturbing activities.

MM TRC- 3 A copy of the executed monitoring agreement shall Prior to Grading Project Applicant/ be submitted to the Lead Agency prior to the Permit Project commencement of any ground -disturbing activity, or Archaeologist/ the issuance of any permit necessary to commence a
Native American
ground - disturbing activity. Monitor
MM TRC- 4 A Cultural Resources Monitoring and Treatment Plan Prior to Grading Project Applicant/ CRMTP) that is reflective of the project mitigation Permit Project Cultural Resources" and " Tribal Cultural Resources") Archaeologist/ shall be completed by the archaeological principal Native American investigator ( PI) and submitted to the Lead Agency for Monitor dissemination to the Consulting Tribes. Once all
parties review and agree to the plan, it shall be
adopted by the Lead Agency - the plan must be
adopted prior to permitting for the project. All

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August 2024
111
Exhibit D - Mitigation Monitoring and Reporting Program Time Frame for Responsible Verification of Compliance
No. Mitigation Measure Implementation Agency/ Parry
Initials Date Remarks
findings will be subject to the protocol detailed within the CRMTP.

MM TRC- 5 The PI may submit a detailed letter to the Lead During Project Applicant/ Agency, Consulting Tribes, and Project Applicant Construction Project during construction requesting a modification to the Archaeologist/ monitoring program when a field condition such as Native American modern disturbance post- dating the previous Monitor
grading/ trenching activities, presence of fossil
formations, or when native soils are encountered that
may reduce or increase the potential for resources to
be present.

MM TRC- b The Tribal Monitor shall complete daily monitoring During Project Applicant/ logs that will provide descriptions of the relevant Construction Project ground -disturbing activities, the type of construction Archaeologist/ activities performed, locations of ground -disturbing Native American activities, soil types, cultural -related materials, and any Monitor other facts, conditions, materials, or discoveries of
significance to the Tribe. Monitor logs will identify and describe any discovered TCRs, including but not
limited to, Native American cultural and historical
artifacts, remains, places of significance, etc.,
collectively, tribal cultural resources, or " TCR"), as well as any discovered Native American ( ancestral)
human remains and burial goods. Copies of tribal
monitoring logs shall be provided to the project
applicant/ lead agency upon written request to the
Tribe.

MM TRC- 7 In the event of an archaeological discovery, either During Project Applicant/ historic or pre -contact, the archaeological or tribal Construction Project monitor shall have the authority to halt all round- Archaeologist/

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August 2024
112
Exhibit D - Mitigation Monitoring and Reporting Program No. Mitigation Measure
Time Frame for
Implementation
Responsible
Agency/ Party
Verification of Compliance
Initials Date Remarks
disturbing activities that occur within the proposed Native American project area and direct the contractor to temporarily fMcriitor divert all soil -disturbing activities in the area of
discovery around a buffer of 50 feet if historical ( i. e., 1950s) or 60 feet around the resource( s) if the
discovery is pre -contact or historical from the mid to late 19th century. An Environmentally Sensitive Area
ESA) physical demarcation/ barrier shall be
constructed at the edge of the buffer. The
archaeological ortribal monitorshall and immediately
notify the Consulting Tribes, the Lead Agency, Project
Applicant, and the PI ( unless the monitor is the PI) of the discovery. Should the discovery be determined to
be a potentially significant resource, the PI shall
develop a research design that shall include a plan to
evaluate the resource for significance under CEQA
criteria. Representatives from the Consulting Tribes,
the PI, the Lead Agency, and Project Applicant shall
confer regarding the research design, as well as any
testing efforts needed to delineate the resource
boundary. Following the completion of evaluation
efforts, all parties shall confer regarding the
resource' s archaeological significance, its potential as a Tribal Cultural Resource ( TCR), and avoidance ( or
other appropriate treatment) of the discovered
resource.

1. The PI shall immediately notify the Lead
Agency, Consulting Tribes, and Project

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August 2024
113
Exhibit D - Mitigation Monitoring and Reporting Program No. Mitigation Measure
Time Frame for
Implementation
Responsible
Agency/ Party
Verification of Com liance
Initials Date Remarks
Applicant to discuss the significance
determination and shall also submit a letter
indicating whether additional mitigation is
required.

2. If the resource is historically significant ( i. e., from the 1900 and older), the PI shall submit
an Archaeological Data Recovery Program
ADRP) and obtain written approval from the
Lead Agency, with input from the Consulting
Tribes and Project Applicant to implement that
program. Impacts to significant resources
must be mitigated before ground - disturbing
activities in the area of discovery will be
allowed to resume.
a) The PI shall be responsible for ensuring
that all cultural remains collected are cleaned
and cataloged.
b) The PI shall be responsible for ensuring
that all artifacts are analyzed to identify
function and chronology as they relate to the
history of the area; that faunal material is
identified as to species; and that specialty
studies are completed, as appropriate.
c) Pre -contact or the mid to late 19th century
historical resource will be collected,
cataloged, and analyzed in the field and
stored secure) on -site in a CONEX box or a

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August 2024
114
Exhibit D - Mitigation Monitoring and Reporting Program No. Mitigation Measure
Time Frame for
Implementation
Responsible
Agency/ Party
Verification of Com liance
Initials Date Remarks
secure office trailer for future reburial on the
project site upon completion of the project.
d) The cost for curation is the responsibility of
the property owner.
e) It is the preference of the Consulting Tribes
that removed cultural material be reburied as
close to the original find location as possible.

However, should reburial within/ near the
original find location during project
implementation not be feasible, then a
reburial location for future reburial shall be
decided upon by the Consulting Tribes, the
Project Applicant, and the Lead Agency, and
all finds shall be reburied within this location.

Additionally, in this case, reburial shall not
occur until all ground - disturbing activities
associated with the project have been
completed, all monitoring has ceased, all
cataloguing and basic recordation of cultural
resources have been completed, and a final
monitoring report has been issued to Lead
Agency, CHRIS, the Consulting Tribes, and
the Project Applicant. All reburials are subject
to a reburial agreement that shall be
developed between the Project Applicant
and the Consulting Tribes outlining the
determined reburial process/ location and
shall include measures and provisions to

Page 17 ends

August 2024
115
Exhibit D - Mitigation Monitoring and Reporting Program No. Mitigation Measure
Time Frame for
Implementation
Responsible
Agency/ Party
Verification of Compliance
Initials Date FRemarks
protect the reburial area from any future
impacts.
f) Should it occur that avoidance,
preservation in place, and on -site reburial are
not an option for treatment, the landowner
shall relinquish all ownership and rights to this
material and confer with the Consulting
Tribes to identify an American Association of
Museums ( AAM)- accredited facility within the
County that can accession the materials into
their permanent collections and provide for
the proper care of these objects in
accordance with the 1993 CA Curation
Guidelines. A curation agreement with an
appropriately qualified repository shall be
developed between the landowner and
museum that legally and physically transfers
the collections and associated records to the
facility. This agreement shall stipulate the
payment of fees necessary for permanent
curation of the collections and associated
records and the obligation of the Project
developer/ applicant to pay for those fees.
g) All draft records/ reports containing the
significance and treatment findings and data
recovery results shall be prepared by the
archaeologist and submitted to the Lead
Agency, Project Applicant, and the
Consulting Tribes for review and comment.

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August 2024
116
Exhibit D - Mitigation Monitoring and Reporting Program Time Frame for Responsible Verification of Com liance
No. Mitigation Measure Implementation Agency/ Party
Initials Date Remarks
After approval from the Lead Agency, the
final reports and site/ isolate records are to be
submitted to the local CHRIS Information
Center, the Lead Agency, Project Applicant,
and the Consulting Tribes.
h) The PI shall submit the approved final
monitoring report to the Lead Agency,
Project Applicant, and the Consulting Tribes.

3. If the historical resource ( i. e., from the 1900
and older) is not significant, the PI shall submit
a letter to the Lead Agency and the Consulting
Tribes, indicating that artifacts will be
collected, cataloged, and analyzed in the field
and stored securely on -site in a CONEX box or
a secure office trailer for future reburial on the
project site upon completion of the project.

The letter shall also indicate that that no further
work is required.

MM TRC- 8 On -site tribal monitoring shall conclude upon the Post Construction Project Applicant/ latter of the following ( 1) written confirmation to the Construction Project Consulting Tribes and Lead Agency from a
Archaeologist/
designated point of contact for the Project Applicant Native American that all ground -disturbing activities and phases that Monitor may involve ground - disturbing activities on the
project site or in connection with the project are
complete; or ( 2) a determination and written

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August 2024
117
Exhibit D - Mitigation Monitoring and Reporting Program Time Frame for Responsible Verification of Compliance
No. Mitigation Measure Implementation Agency/ Parry
Initials Date Remarks
notification by the Consulting Tribes to the Project
Applicant or Lead Agency that no future, planned
construction activity and/ or
development/ construction phase at the project site
possesses the potential to impact Consulting Tribe' s
TCRs.

MM TRC- 9 If human remains orfunerary objects are encountered During Grading Project Applicant/ during any activities associated with the project, work Project in the immediate vicinity ( within a 100- foot buffer of Archaeologist/ the find) shall cease and the County Coroner shall be Native American contacted pursuant to State Health and Safety Code Monitor 7050. 5 and the applicable sections of the California
Health and Safety Code and California Public
Resources Code pertaining to the discovery of human
remains shall be enforced for the duration of the
Project.

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August 2024
118
ATTACHMENT 5
Resolution to Approve General Plan Amendment ( GPA 24- 001) 119
RESOLUTION NO. 2024-

A RESOLUTION OF THE HIGHLAND CITY COUNCIL APPROVING GENERAL PLAN AMANDMENT ( GPA 24- 001) TO CHANGE THE LAND USE OF THREE ( 3) SUBJECT

PARCELS FROM LOW DENSITY ( LD) RESIDENTIAL TO PLANNED DEVELOPMENT PD) FOR A DEVELOPMENT CONSISTING OF 79 SINGLE- FAMILY LOTS AND COMMON AREAS ON A 8. 3 ACRE SITE LOCATED ON THE WEST SIDE OF CENTRAL AVENUE, APPROXIMATELY 400 FEET SOUTH OF BASE LINE.

ASSESSOR' S PARCEL NUMBERS 1192- 341- 11, 1192- 361- 45, AND 1192- 361- 47.

APPLICANT: DSMG Investments, LLC, Anacapa DG
A. RECITALS
On March 18, 2024, the Applicant submitted an application for General Plan Amendment ( GPA 24- 001) to change the land use designation from Low Density ( LD) residential to Planned Development ( PD) for a development consisting of 79 single-family lots and common areas on a 8. 3 acre site located on the west side of central avenue, approximately 400 feet south of Base Line.

Related entitlements include Zone Change ( ZC 24- 001) to change the zoning designation from Low Density ( LD) Residential/ Single- Family ( R- 1) to Planned Development ( PD), Conditional Use Permit ( CUP 23- 010) for the development consisting of 79 single- family lots, Design Review Application ( DRA 24- 003) for a site plan, building elevations, conceptual landscape plan, grading plan, and Tentative Tract Map No. 20693 ( TTM 24-001) to subdivide three ( 3) existing lots into 79 single family lots. The aforementioned entitlements are referred to collectively as "the Project".

2. Pursuant to the provision of the California Environmental Quality Act (CEQA) and State and Local CEQA Guidelines, the City of Highland is the Lead Agency, and is charged with the responsibility of deciding whether to approve the Project. An Initial Study and Mitigated Negative Declaration were prepared and circulated in accordance with state and local law to be considered by the City Council at the October 8, 2024 public hearing.

3. On August 20, 2024, the Planning Commission of the City of Highland, conducted a Public Hearing on the subject Project, concluded the Hearing on that date, and adopted Resolution No. 24-021, recommending the City Council approve General Plan Amendment (GPA 24-001).

4. On October 8, 2024, the Highland City Council conducted a Public Hearing on the subject Project and concluded the Hearing on that date.

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

B. RESOLUTION
NOW THEREFORE, it is hereby found, determined and resolved by the Highland City Council as follows:
120
The Highland City Council finds that all of the facts set forth in the Recitals, Part "A" of this Resolution, are true and correct.

2. Environmental Review - CEQA Compliance
a. An Initial Study was prepared for the Project and potential impacts to air quality, biological resources, tribal/cultural resources, geology and soils, paleontological resources, hazards and hazardous materials, transportation, tribal cultural resources, and noise were identified. Project specific mitigation measures have been included to reduce said impacts to below a level of significance and the list of measures have been included in the Mitigation Monitoring and Reporting Program ( MMRP). b. A Notice of Intent to Adopt a Mitigated Negative Declaration ( MND) was circulated through the California State Clearinghouse and made available for public comment between July 9, 2024 and August 7, 2024. The Notice was mailed to surrounding property owners within 300 feet as well as interested agencies and parties at their request. The Notice was also posted on the City's website, outside City Hall, the Sam J. Racadio Library and Environmental Learning Center, and Fire Station # 1. The Notice was also published in the San Bernardino Sun, a newspaper of general circulation. c. Based upon the Findings of the Initial Study and adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, the Project will not have a significant impact upon the environment.

Concurrently with this Resolution, the City Council is adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for this Project.

3. Based upon substantial evidence presented to the Highland City Council during the October 8, 2024 Public Hearing, including public testimony and written and oral Staff Reports, the Highland City Council finds as follows:
a. All necessary public meetings and opportunities for public testimony and comment have been conducted in compliance with State Law and the Municipal Code of the City of Highland.

4. Findings of Fact for General Plan Amendment ( GPA 24- 001) ( Highland Municipal Code Section 16. 08. 030. G General plan amendments. Findings):

Based on the Findings below, the Highland City Council does herby find:
a. The proposed amendment is consistent with the goals, objectives, policies, and programs of the general plan, or the general plan as revised 121
by the proposed amendment, and will not result in any inconsistencies within the plan:

Response: The General Plan' s vision for Providing New Housing Opportunities includes both Low Density ( LD) Residential and Planned Development ( PD) uses to " Continue the innovative use of land resources and development ofa variety of housing types and sizes within the City by using the Planned Development designation". The proposed General Plan Amendment ( GPA 24- 001) to change the land use designations from Low Density (LD) Residential to Planned Development PD) will help satisfy Goal 2. 3 of the General Plan with the construction of this 79- unit single family community as it will achieve superior design and create a more desirable living environment. Under the current Low Density Designation, the site could only permit an estimated 49 units maximum. The Project promotes Project -specific, flexible development standards and the framework of a site specific development plan. The Project complies with the applicable provisions of the Highland General Plan Land Use Element, Housing Element and Community Design Element for low and medium density residential development within a Planned Development ( PD) Zone including design, building material, hardscape, and site amenities are of superior quality. The General Plan Amendment and the zone change is consistent with the property to the east as it is a multi -family apartment in the Planned Development ( PD) zone. Through its increased density, the Project is an opportunity to develop entry level housing which is a goal for the Housing Element. The General Plan goals and policies relevant to the project include its inclusion in the Providing New Housing Opportunities, Ensuring Land Use Compatibility, the Housing Element, and general standards applicable to the Land Use Element, Circulation Element, and Community Design Element. The Project meets all relevant goals and policies.
b. The proposed amendment will not adversely affect the public health, safety or general welfare.

Response: The proposed General Plan Amendment will continue to permit residential development at this site. The proposed General Plan Amendment will increase the density range from a maximum of 6 to 9. 3 dwelling units per acre. The Project will contain a gated residential community with community open space, infrastructure and modern amenities. It has been reviewed by Planning, Engineering, Building and Safety, the Fire Department and the Police Department and certain conditions of approval that are necessary and proper to safeguard and protect the public health, safety, and welfare have been implemented.

That being the case, the approval of a General Plan Amendment for the 122
proposed Project will not adversely affect the public health, safety, or general welfare.
c. The proposed amendment is consistent with the purposes and intent of this title, unless such amendment proposes to change, supplement, or alter any part of this title, whereas, said amendment must be consistent with all of the applicable sections including these findings.

Response: The Project includes a change of land use designation from Low Density ( LD) Residential to Planned Development ( PD) designation which allows any density that is compatible with surrounding existing and planned uses as determined through the development review process.

Both the current and proposed land use allows for residential development; however, the proposed land use for Planned Development allows the developer some flexibility in the design of the Project to ensure creation of a cohesive development. The proposed land use designation, as specified within the General Plan, allows for the type of development proposed and changing the land use from Medium Density Residential to Planned Development is consistent with the purpose and intent of the Land Use section of the General Plan.
d. The potential environmental impacts of the proposed amendment are insignificant or there are overriding considerations which outweigh the potential impacts.

Response: An Initial Study was prepared for the Project and potential impacts to air quality, biological resources, cultural resources, geological and soils, hazards and hazardous material, noise, transportation and traffic, and tribal cultural resources were identified. The Project design features and Project -specific mitigation measures have been included to reduce said impacts to below a level of significance and the list of measures has been included in the Mitigation Monitoring and Reporting Program ( MMRP). Based upon the Findings of the Initial Study and adoption of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, the Project will not have a significant impact upon the environment.

5. Based on the Findings and Conclusions set forth above, the Highland City Council approves General Plan Amendment ( GPA 24- 001) as shown on Exhibit 2. The City Clerk is hereby authorized to take any action necessary to effectuate the purposes of this Resolution.

Exhibit A — Existing and Proposed General Plan Land Use Designation 123
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 8th day of October 2024 Penny Lilburn, Mayor
ATTEST:

Alondra Munoz
City Clerk
APPROVED AS TO FORM:

Maricela E. Marroquin
City Attorney
124

EXHIBIT A
General Plan Map Amendment
125
126
ATTACHMENT 6
Ordinance to Approve Zone Change ( ZC 24- 001)
127
ORDINANCE NO.

AN ORDINANCE OF THE HIGHLAND CITY COUNCIL, APPROVING ZONE CHANGE ZC 24-001) TO CHANGE THE ZONING DESIGNATION OF THREE ( 3) PARCELS FROM SINGLE FAMILY RESIDENTIAL ( R- 1) TO PLANNED DEVELOPMENT ( PD) RELATED TO A DEVELOPMENT CONSISTING OF 79 SINGLE- FAMILY LOTS AND COMMON AREAS ON AN 8. 3 ACRE SITE LOCATED ON THE WEST SIDE OF CENTRAL AVENUE, APPROXIMATELY 400 FEET SOUTH OF BASE LINE ASSESSOR PARCEL NUMBERS 1192- 341- 11, 1192- 361- 45, and 1192- 361- 47).

APPLICANT: DSMG Investments, LLC, Anacapa DG
WHEREAS, on March 18, 2024, the Applicant submitted an application for Zone Change ZC 24- 001) to change the zoning designation of three ( 3) parcels from Single Family Residential ( R- 1) to Planned Development ( PD) related to a development consisting of 79 single-family lots and common areas on a 8. 3 acre site located on the west side of Central Avenue, approximately 400 feet south of Base Line. Related entitlements include General Plan Amendment ( GPA 24- 001) to change the land use designation from Low Density ( LD) Residential/Single- Family ( R- 1) to Planned Development (PD), Conditional Use Permit (CUP 23-010) for the development consisting of 79 single-family lots, Design Review Application ( DRA 24- 003) for a site plan, building elevations, conceptual landscape plan, grading plan, and Tentative Tract Map No. 20693 ( TTM 24- 001) to subdivide three ( 3) existing lots into 79 single family lots. The aforementioned entitlements are referred to collectively as "the Project"; WHEREAS, the City of Highland is the Lead Agency, and is charged with the responsibility of deciding whether to approve the Project. An Initial Study and Mitigated Negative Declaration were prepared and circulated in accordance with state and local law to be considered by the Planning Commission at the August 20, 2024 public hearing and the City Council at the October 8, 2024 public hearing; WHEREAS, the Planning Commission of the City of Highland, conducted a public hearing on the subject Project on August 20, 2024, concluded the hearing on that date, and adopted Resolution No. 2024- 021, recommending to the City Council to introduce an Ordinance for Zone Change ( ZC 24- 001) as discussed; and WHEREAS, the Highland City Council held a public hearing on October 8, 2024, at 6: 00 pm, and notice of said public hearing( s) have been duly given, as required by law an in accordance with the provisions of the Highland Municipal Code, to hear and consider evidence for and against said Zone Change ( ZC 24- 001).

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

Section 1. Findings and Intent.

The Highland City Council finds that all of the facts set forth herein above are true and correct.

Section 2. General Plan Consistency Finding.
128
The proposed Zone Change is being considered concurrently with a General Plan Amendment seeking to change both the General Plan and Zoning designations from Single -Family ( R- 1) Residential/ Low Density ( LD) Residential to Planned Development ( PD). Both Single Family Residential R- 1) and Planned Development ( PD) allow for single-family residential development, however, Planned Development ( PD) promotes project - specific, flexible development standards. Section 16. 12. 010 of the Highland Municipal Code, Planned Development ( PD) allows projects to set standards for density of residential uses and establishes regulations which implement those goals, objectives and policies which provides for superior development by allowing a greater degree of design and land use flexibility within the framework of a site specific development plan. The Project, as proposed, will have a General Plan and Zoning Designation of Planned ( PD) and its design features meet the goal of superior design. The development is a gated small -lot single family development with enhanced landscaping, shared recreation facilities including turf play areas, shaded play structures for various ages, barbeques and passive open space. The community will have a cohesive architecture, private roads and pleasing community design thus achieving consistency with the Planned Development ( PD) designation.

Section 3. Zone Change.

The Applicant is seeking to develop a 79- unit single family community at the proposed site. Its current Single Family Residential ( R- 1) zoning designation does not permit this density. Because the site is located a street with similar use and density, the Applicant is seeking to change the Zoning designation from Single Family ( R- 1) Residential to Planned Development PD), which would allow a 79- unit single family community upon approval of a Conditional Use Permit.

Section 4. Findings of Fact for Zone Change ( ZC 24-001) ( Highland Municipal Code Section 16. 08. 040 Amendments to zoning districts and other provisions).

Based on the Findings below, the Highland City Council does herby find:
a. The proposed zone change is consistent with the goals, objectives, policies, and programs of the municipal code, and will not result in any inconsistencies within the municipal code:

Response: The zone change would result in the site being designated Planned Development ( PD). The Project proposes implementation of a planned development. The subdivision of land to create 79 numbered lots, with common areas complies with the development standards specified within the planned development and is compatible with the adjacent single- family and multi -family neighborhoods. This type of development is desirable for the community and consistent with the proposed land use designation of Planned Development ( PD) which 129
allows any density that is compatible with surrounding existing and planned uses as determined through the development review process.

The request for a zone change to Planned Development in conjunction with a planned development for development of a residential community would continue the current zoning pattern along Central Avenue, south of Base Line, which is predominantly residential, and would not result in an illogical land use pattern or inconsistency with the municipal code. b. The proposed zone change will not adversely affect the public health, safety or general welfare.

Response: The proposed Zone Change will continue to permit residential land development at the site. The current zone, R- 1, would have permitted a single- family residential subdivision at a maximum of 6. 0 dwelling units per acre and the proposed zone change will allow the same use, but at a reduced lot size with an overall density of 9. 3 dwelling units per acre. The increased density will be offset by shared open space, recreation and landscape parkways. The Project will meet all other development standards and public infrastructure as prescribed by the Highland Municipal Code and City Guidelines and Procedures. It will not result in adverse effects to the public health, safety or welfare. c. The proposed zone change is consistent with the purposes and intent of this title, unless such amendment proposes to change, supplement, or alter any part of this title, whereas, said zone change must be consistent with all of the applicable sections including these findings.

Response: As indicated above, the Project includes a change of zone from Single -Family District ( R- 1) to Planned Development. Both the current zoning and proposed zoning allow for residential uses; however, the proposed zoning allows the developer some flexibility in the design of the Project to ensure creation of a cohesive development. The proposed zoning designation, as specified within Section 16. 12. 010 of the Highland Municipal Code, allows for the type of development proposed and changing the zone from Single -Family District ( R- 1) to Planned Development is consistent with the purpose and intent of the Land Use and Development Chapter of the Highland Municipal Code.

There are no inconsistencies with other sections of the Municipal Code. d. The potential environmental impacts of the proposed zone change are insignificant or there are overriding considerations which outweigh the potential impacts.

Response: The Project site is adjacent to existing single-family and multifamily residential development to the east, west, and to the south. The site contains a single-family residence and small accessory structures from past ranching activities. The Initial Study prepared for the project analyzed the potential for environmental impacts and all topics were found to have either no impact or a less than significant impact with 130
mitigation incorporated. The Mitigated Negative Declaration incorporated 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.

Section 5. Environmental Review - CEQA Compliance
An Initial Study was prepared for the Project and potential impacts to air quality, biological resources, tribal/ cultural resources, geology and soils, paleontological resources, hazards and hazardous materials, transportation, tribal cultural resources, and noise were identified. Project specific mitigation measures have been included to reduce said impacts to below a level of significance and the list of measures have been included in the Mitigation Monitoring and Reporting Program ( MMRP).

A Notice of Intent to Adopt a Mitigated Negative Declaration ( MND) was circulated through the California State Clearinghouse and made available for public comment between July 9, 2024 and August 7, 2024. The Notice was mailed to surrounding property owners within 300 feet as well as interested agencies and parties at their request. The Notice was also posted on the City's website, outside City Hall, the Sam J. Racadio Library and Environmental Learning Center, and Fire Station # 1. The Notice was also published in the San Bernardino Sun, a newspaper of general circulation.

Based upon the Findings of the Initial Study and adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, the Project will not have a significant impact upon the environment.

Concurrently with this Ordinance, the City Council is adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for this Project.

Section 6. Change of Zone
A. The City Council hereby approves Zone Change ( ZC 24- 001) changing the Zoning designation of an 8. 3 acre site located on the west side of Central Avenue, approximately 400 feet south of Base Line, commonly known as APNs 1192- 341- 11, 1192- 361- 45 and 1192- 361- 47 from Single Family Residential (R- 1) to Planned Development (PD) as shown on Exhibit

2. B. The City Clerk is hereby authorized to take action to effectuate the purposes of this Ordinance.

Section 7. Publication and Posting
Within fifteen ( 15) days following the passage of this Ordinance, the City Clerk shall publish an/or post this Ordinance as required by state law and City resolution.

Section 8. Execution
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The Mayor is hereby directed to attest to the adoption of this Ordinance by signing where indicated below and the City Clerk shall publish and/ or post this ordinance according to applicable law.

Exhibit A — Existing and Proposed Zoning Designation
PASSED, APPROVED and ADOPTED this 8t" day of October 2024 Penny Lilburn, Mayor
ATTEST:

Alondra Munoz
City Clerk
APPROVED AS TO FORM:

Maricela E. Marroquin
City Attorney
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Exhibit A
Zone Change Map Amendment
133
134
ATTACHMENT 7
Resolution to Approve Conditional Use Permit ( CUP 23- 003) 135
RESOLUTION NO. 2024-

A RESOLUTION OF THE HIGHLAND CITY COUNCIL APPROVING CONDITIONAL USE PERMIT ( CUP 23- 010) FOR A PLANNED RESIDENTIAL DEVELOPMENT CONSISTING OF 79 SINGLE- FAMILY LOTS AND COMMON AREAS ON A 8. 3 ACRE SITE LOCATED WEST OF CENTRAL AVENUE, APPROXIMATELY 400 FEET SOUTH

OF BASE LINE WITH RELATED ENTITLEMENTS INCLUDING DESIGN REVIEW APPLICATION ( DRA 24-003), TENTATIVE PARCEL MAP NO. 20693 ( TPM 24- 001), GENERAL PLAN AMENDMENT ( GPA 24- 001), AND ZONE CHANGE ( ZC 24- 001).

ASSESSOR' S PARCEL NUMBERS 1192- 341- 11, 1192- 361- 45, and 1192- 361- 47).

APPLICANT: DSMG Investments, LLC, Anacapa DG
A. RECITALS
On March 18, 2024, the Applicant submitted an application for Conditional Use Permit ( CUP 23- 010) for a development consisting of 79 single- family lots and common areas on an 8. 3 acre site located on the west side of Central Avenue, approximately 400 feet south of Base Line. Related entitlements include General Plan Amendment ( GPA 24- 001) and Zone Change ( ZC 24- 001) to change the land use designation and zoning designation from Low Density ( LD) Residential/Single- Family (R- 1) to Planned Development (PD), Design Review Application ( DRA 24- 003) for a site plan, building elevations, conceptual landscape plan, grading plan, and Tentative Tract Map No. 20693 ( TTM 24- 001) to subdivide three ( 3) existing lots into 79 single family lots. The aforementioned entitlements are referred to collectively as " the Project

2. Pursuant to the provision of the California Environmental Quality Act ( CEQA) and State and Local CEQA Guidelines, the City of Highland is the Lead Agency, and is charged with the responsibility of deciding whether to approve the proposed project. An Initial Study and Mitigated Negative Declaration were prepared and circulated in accordance with state and local law to be considered by the City Council at the October 8, 2024 public hearing.

3. On August 20, 2024 the Planning Commission of the City of Highland, conducted a Public Hearing on the subject Project, concluded the Hearing on that date, and adopted Resolution No. 24- 021, recommending the City Council approve Conditional Use Permit ( CUP 23- 010).

4. On October 8, 2024, the Highland City Council conducted a Public Hearing on the subject Project and concluded the Hearing on that date.

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

B. RESOLUTION
NOW THEREFORE, it is hereby found, determined and resolved by the Highland City Council as follows:
136
The Highland City Council finds that all of the facts set forth in the Recitals, Part " A" of this Resolution, are true and correct.

2. Environmental Review - CEQA Compliance
a. An Initial Study was prepared for the Project and potential impacts to air quality, biological resources, tribal/ cultural resources, geology and soils, paleontological resources, hazards and hazardous materials, transportation, tribal cultural resources, and noise were identified. Project specific mitigation measures have been included to reduce said impacts to below a level of significance and the list of measures have been included in the Mitigation Monitoring and Reporting Program ( MMRP). b. A Notice of Intent to Adopt a Mitigated Negative Declaration ( MND) was circulated through the California State Clearinghouse and made available for public comment between July 9, 2024 and August 7, 2024. The Notice was mailed to surrounding property owners within 300 feet as well as interested agencies and parties at their request. The Notice was also posted on the City' s website, outside City Hall, the Sam J. Racadio Library and Environmental Learning Center, and Fire Station # 1. The Notice was also published in the San Bernardino Sun, a newspaper of general circulation. c. Based upon the Findings of the Initial Study and adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, the Project will not have a significant impact upon the environment.

Concurrently with this Resolution, the City Council is adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for this Project.

3. Based upon substantial evidence presented to the Highland City Council during the October 8, 2024 Public Hearing, including public testimony and written and oral Staff Reports, the Highland City Council finds as follows:
a. All necessary public meetings and opportunities for public testimony and comment have been conducted in compliance with State Law and the Municipal Code of the City of Highland.

4. Findings of Fact for Conditional Use Permit ( CUP 23- 010) ( Highland Municipal Code Section 16. 08. 050. E. Conditional Use Permits, Findings):

Based on the Findings below, the Highland City Council herby finds:
a. The proposed use is permitted within the subject district pursuant to the provisions of this section and complies with all of the applicable provisions of this title; and is consistent with the goals, policies, and objectives of the Highland General Plan, and the applicable development policies and standards of the city.
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Response: Approval of the subject Conditional Use Permit is contingent upon the concurrent approval of General Plan Amendment (GPA 24-001) to change the land use designation of the site to Planned Development PD). A 79- unit single family dwelling community, such as the one proposed, is permitted within the General Plan' s Planned Development PD) zone and land use designation. Any proposed development within the Planned Development ( PD) General Plan land use designation is required to be processed through the use of a conditional use permit, planned development, or a development plan approved for the site. The General Plan requires that PD developments be of superior development by allowing a greater degree of design and land use flexibility withing the framework of the site -specific development plan.

The Project complies with the applicable provisions of the Highland General Plan Land Use Element, Housing Element and Community Design Element for medium density residential development within a Planned Development ( PD) Zone including design, building material, hardscape, and site amenities are of superior quality. The General Plan Amendment and the zone change is consistent with the property to the east as it is a multi -family apartment in the Planned Development ( PD) zone. The Project is an opportunity to develop entry level housing which is a goal for the Housing Element. The General Plan goals and policies relevant to the Project include its inclusion in the Providing New Housing Opportunities, Ensuring Land Use Compatibility, the Housing Element, and general standards applicable to the Land Use Element, Circulation Element, and Community Design Element. The Project meets all relevant goals and policies.
b. The proposed use would not impair the integrity and character of the district in which it is to be established or located.

Response: Approval of Zone Change ( ZC 24- 001) is required concurrent with approval of the subject Conditional Use Permit and will change the zoning designation from Single -Family Residential ( R- 1) to Planned Development ( PD). The PD zoning designation would allow for the development of a small -lot single family housing community with a density of 9. 3 dwelling units per acre, as proposed. The surrounding neighborhood includes single-family neighborhoods to the west and south and multi -family community to the east on the opposite side of Central Avenue. The development density of the Project is consistent with its surroundings. This Project is comprised of detached single-family dwellings, making it most similar to the properties that are contiguous to its boundaries.

The proposed housing community would be overseen by a Homeowners Association ( HOA) which would govern the maintenance of the area that includes a street tree program. All would provide a uniformed and manicure look to the neighborhood. If the General Plan Amendment is approved, the Project will be located within the Planned Development 138
PD) General Plan land use designation, allowing the applicant to propose project -specific land use and development standards. The Project' s site plan, overall landscape plan, building elevations and conceptual grading plan meets the District' s requirements for residential uses mandated by Highland Municipal Code Chapter 16. 16 Residential Districts, 16. 52 Parking regulations, and other relevant sections with some flexibility given to lot size and building setbacks. On -site and off - site improvements proposed as part of the Project will meet all applicable standards and provide a safe and efficient environment for the residents and surrounding residential neighborhood, with the imposition of the conditions of approval, the site is physical suitable for the type of developments proposed. Therefore, the proposed use would not impair the integrity and character of the district in which it is to be established or located.
c. The site is suitable for the type and intensity of use or development which is proposed.

Response: This site is in suburban area with a low -density single-family residential to the south, and to the west, General Commercial ( CG) to the north, and multi -family Planned Development (PD) residential to the east. The site itself is 8. 31 acres and is improved with one single- family home. The proposed use as a 79- unit single-family residential development that yields a density of approximately 9. 3 units to the acre which is compliant with the Project plans and associated Planned Development standards, once approved. The site is designed to include sidewalks, common areas, gathering space, two -car garages for each unit as well as guest parking, there is adequate circulation and infrastructure to serve the residents. There are no issues related to geotechnical, hydrology, flooding, fire protection, storm water, soils and hazards that would prohibit medium density residential development at the site.
d. There are adequate provisions for water, sanitation, and public utilities and services to ensure public health and safety.

Response: The existing water, public utilities and services for the Project are available to serve the proposed use and ensure public health and safety. Additionally, staff sent out project notices to the different public utility companies and they did not have any comments regarding not being able to provide adequate services for the Project site. e. The proposed use will not be detrimental to the public health, safety, or welfare, or materially injurious to properties and improvements in the vicinity.

Response: The proposed residential development use will be compliant with Highland Municipal Code, Uniform Fire and Building Codes. Each public safety and utility provider has been given an opportunity to 139
comment and condition the project. The necessary permits will be required prior to and during construction. Therefore, the Project will not be detrimental to the public health, safety or welfare, or materially injurious to properties and improvement in the vicinity. f. The proposed use would not result in a significant effect on the environment.

Response: Pursuant to the California Environmental Quality Act (CEQA) and State and Local CEQA Guidelines, the City of Highland is the Lead Agency. As such, the City oversaw preparation of an Initial Study, which was made available for public review from July 9, 2024 to August 9. 2024.

The Initial Study finds that either no impact or less than significant impacts would be associated with the issues of Aesthetics, Agricultural and Forestry Resources, Energy,
Hydrology and Water Quality,
Population/ Housing, Public Services,
Utilities and Services Systems.

Greenhouse Gas Emissions,
Land Use and Planning,
and Recreation, Wildfire, and
The Initial Study also finds that potential impacts to air quality, biological resources, cultural/ tribal resources, geological and soils, hazards and hazardous material, noise, transportation and traffic were identified and require the implementation of mitigation measures to reduce impacts to a less than significant level. A Mitigated Negative Declaration is the appropriate document for this project and will be adopted concurrently with the Conditional Use Permit.

6. Based on the Findings and Conclusions set forth above, the Highland City Council approves Conditional Use Permit ( CUP 23- 010) for a development consisting of a 79 single-family lots and common areas on a 8. 3 acre site.

All improvements will be completed subject to the Conditions of Approval attached hereto and the development plans incorporated by reference.

Exhibit 1 - Site Plan
Exhibit 2 - Conditions of Approval for CUP 23- 010
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. 140
PASSED, APPROVED and ADOPTED this 8th day of October, 2024 Penny Lilburn, Mayor
ATTEST:

Alondra Munoz
City Clerk
APPROVED AS TO FORM:

Maricela E. Marroquin
City Attorney
141
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PLANNING DIVISION CONDITIONS OF APPROVAL
Date: August 20, 2024
Applicant: DSMG Investments, LLC, Anacapa DG
File/ Index: Conditional Use Permit ( CUP 23- 010)
Proposal: Construction of a 79- unit, 2- story single family home community.

Location: Three ( 3) vacant parcels, totaling 8. 31 acres in area, located at 7394 Central Avenue
Assessor' s Parcel Numbers: 1192- 341- 11, 1192- 361- 45 and 47 Related Entitlements: Design Review Application ( DRA 24- 003), Tentative Tract Map No. 20693 ( TPM 24- 001), General Plan Amendment ( GPA 24- 001), and Zone Change ( ZC 24- 001)

PLANNING CONDITIONS OF APPROVAL
Note: These conditions represent Planning Division conditions only and are meant to be only one part of the Project' s overall conditions that may include Building and Safety, Engineering, and the Fire Department 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.

Conditional Use Permit ( CUP 23- 010) is conditionally approved, subject to compliance with the requirements as specified below. The Conditions listed below are continuing Conditions; failure of the Applicant and/ or operator to comply with any or all Conditions at any time, shall result in initiating revocation of the subject permit.

Conditional Use Permit ( CUP 23- 010) shall become null and void:
a. Unless all conditions have been complied with and the occupancy or use of the land or structures authorized by this design review application, and have occurred within thirty- six ( 36) months from the approval date this design review application shall expire and be null and void without further action by the City of Highland.
b. Where circumstances beyond the control of the Applicant cause delays which do not permit compliance within the time limitation established in this Section, the Planning Commission may grant an extension of time for a period of time not to exceed an additional thirty- six ( 36) months. An application for an extension of time must be set forth in writing, stating the reasons for the extension, and must be filed with the 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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NOTE: All required on -site and off -site improvements shall be completed and approved prior to final inspection for occupancy.

2. The proposed Entitlement permits the construction of a 79- unit single family residential community with 2- car attached garage, 9 uncovered guest parking with common recreation area and water quality facilities.

3. The subject property shall be developed in accordance with plans and materials approved by the Planning Commission on August 20, 2024, on file with the City of Highland Planning Division, and shall be in compliance with all conditions of approval contained herein.

4. 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.

5. Indemnity, Duty to Defend and Obligation to Pay Judgments and Defense Costs, Including Attorneys' Fees, Incurred by the City. The Applicant shall defend, indemnify, and hold harmless the City, its elected officials, officers, employees, volunteers, agents, and those City agents serving as independent contractors in the role of City officials ( collectively " Indemnitees") from and against any claims, damages, actions, causes of actions, lawsuits, suits, proceedings, losses, judgments, costs, and expenses ( including, without limitation, attorneys' fees or court costs) in any manner arising out of or incident to the Planning Commission' s actions, the City Council' s actions, related entitlements, or the City' s environmental review thereof. The Applicant shall pay and satisfy any judgment, award or decree that may be rendered against City or the other Indemnitees in any such suit, action, or other legal proceeding. The City shall promptly notify the Applicant of any claim, action, or proceeding and the City shall reasonably cooperate in the defense. If the City fails to promptly notify the Applicant of any claim, action, or proceeding, or if the City fails to reasonably cooperate in the defense, the Applicant shall not thereafter be responsible to defend, indemnify, or hold harmless the City or the Indemnitees. The City shall have the right to select counsel of its choice. The Applicant shall reimburse the City, and the other Indemnitees, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Nothing in this condition shall be construed to require the Applicant to indemnify Indemnitees for any claim arising from the sole negligence orwillful misconduct of the Indemnitees. In the event such a legal action is filed challenging the City' s determinations herein or the issuance of the approval, the City shall estimate its expenses for the litigation. The Applicant shall deposit said amount with the City within thirty days of being notified of the estimate cost or, at the discretion of the City, enter into an agreement with the City to pay such expenses as they become due.
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6. The Owner/ Applicant is responsible for implementing all conditions of approval to the satisfaction of the Community Development Director, City Engineer, Fire Department, and Police Department. No final inspection or clearances shall be given until all conditions are met. Each condition of approval is separately enforced, and if one of the conditions of approval is found to be invalid by a court of law, all the other conditions shall remain valid and enforceable.

7. Revisions, modification, or deletions of associated plans must be submitted to the Planning Division for review and approval. Revisions may require additional review by the Planning Commission.

8. 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.

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

10. 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.

11. 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.
aMeRities at a future - • • date, by
PC on 1 1

13. Each of the 79 units shall have a rear yard at least 10 feet deep. Side yard widths may vary with a minimum of 4 feet on one side and 5 feet on the other. Living space shall be setback from the front property line a minimum of 9 feet and the 147
garage would be setback a minimum of 19 feet measured from the property line to garage door. The minimum lot size is 2, 500 square feet

14. 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.
a. The Applicant shall provide the Planning Division with a check for the appropriate fee, made payable to the Clerk of the Board of Supervisors, 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.
b. Construction and operation of the proposed project shall be in compliance with the project's Mitigation Monitoring and Reporting Program.

15. Development Impact Fees shall be paid in accordance with City Ordinance. Fees are subject to change by action of the City Council as may be amended from time to time. Fees are locked in upon submission of application to the Building & Safety Division for plan check.

16. The design and installation of tract identification signs shall be in accordance with Chapter 16. 56, Sign Regulations, of the Highland Municipal Code, unless otherwise approved by the Planning Commission.

17. The Developer shall comply with all applicable Conditions of Approval and the Mitigation Monitoring and Reporting Plan related to the associated entitlements; DRA- 24- 003 and TTM- 24- 001.
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Building and Safety Division Conditions of Approval
Date:

Applicant:

Address of Applicant:

Site Location:

Project Numbers:

APN:

General Conditions:
4/ 30/ 2024
Matt Gibson/ Coffee Family Trust
UNK.
7394 Central Ave
TTM 24- 001, CUP 23- 010, DRA 24- 003, GPA 24- 001,
ZC 24- 001 -
1192- 341- 11, 1192- 361- 45, 1192- 361- 47

1. Please provide the following number of construction plans and documents listed below for the Building & Safety's first review of the proposed project. The initial plan review time will take two weeks on most projects. The applicant will receive an application number at the time plans are submitted for Building & Safety' s plan review. This number is needed to obtain information regarding your project. 3) Architectural Plans
3) Condition of Approval from all departments:

To be included in Architectural plan set at plan submittal. 3) Plot/ Site Plans
3) Electrical Plans
3) Plumbing Plans/ Isometrics
3) Mechanical plans
3) HVAC Duct Layout Plans
3) Precise Grading Plans
Grading, Photometric, or Landscape Plans: Please mark "FOR REFERENCE ONLY"
3) Roof and Floor /Truss Plans
3) Structural Plans
2) Structural Calculations.
2) Title 24 Energy Calculations, or include in each of the ( 3) plan sets 2) Soils Reports
3) Temporary Construction Fence Plan as applicable
1) Fire Flow Test ( Request from East Valley Water)
Dimension Hydrant location on the plot plan from furthest structure.

2. All structures shall be designed in accordance with the current version of the California Building Codes at the time of submittal ( Currently the 2022 codes), including the California Green Building Standards Code. Design all structures to Risk Category II at exposure " C" ( ASCE7- 22), and Energy Climate Zone 10.

Page 1 of 5 ends

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

4. Fire Sprinklers are required for all newly constructed Single -Family Dwellings.

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. Please list the Fire sprinklers on the plans as a differed submittal. R313

5. All deferred plan items are to be identified on the plans cover sheet.

6. Deputy inspections are to be identified on the plans cover sheet. Deputy inspectors shall register with the City' s Building Official.

7. Identify within the plans where all new utility services ( gas meter, electric, and/ or water & Sewer service connections) are to be installed. The address assignment should be obtained for each structure and utility meters prior to permit issuance.

Please contact the Planning Division for addressing.

8. 2022 CRC 319. 1/ HMC 15. 14. 050 New structures of all occupancies shall provide address identification with illumination during the hours of darkness. Illumination shall be of the high efficiency type meeting provisions of the energy code. Address for Occupancy Group R- 3 shall be provided with internal illumination.

9. The building is to be connected to the public sewer system, when provided or within 250 feet of the nearest sewer main
a. When the public system is not available, an onsite septic system is to be installed. Please provide Building Staff with a will-not/sewer not available letter from East Valley Water District ( EVWD) and an approved septic system design from the Santa Ana Regional Water Quality Control Board please contact Susan Beeson at ( 951) 782-4902). An approved design with percolation test will be required to be submitted to Building & Safety for separate review and permitting prior to issuance of a building Permit.

10. It has come to the City' s attention that premature failures have occurred in copper piping when used within the City of Highland, particularly east of City Creek.

Property Owners, Contractors and Developers are advised to analyze soil and water compositions when considering the type of pipe material to be utilized. City staff makes no recommendations on which Plumbing Code approved products or methods to be utilize, this is the responsibility of the property owner or contractor.

Alternate unapproved code materials may be submitted for City approval at the time of plan submittal via an alternate material and methods application.

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11. Prior to issuance of building permits, provide a receipt from the appropriate Unified School District stating that all school fees have been paid. This project is located in the ( San Barnardino City Unified School District)

12. Prior to issuance of building permits, site -grading certifications, compaction reports, and survey report shall be submitted to Building and Safety.

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 or existing hydrants and flows shall be approved by Fire Prevention. 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 approval by the Fire Department. All streets 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 a building permit, provide Building and Safety with a sewer and water availability letter from East Valley Water District. (909) 888- 8986

15. All construction materials, which are not used, shall be recycled pursuant to the requirements set forth by Ordinance No. 269. Receipts from the recycle company responsible for picking up the materials shall be kept in the construction office.

After the construction is complete and before final occupancy, the trash receipts shall be forwarded to the City Public Services division. a. Prior to Permit issuance — The permit holder shall register a project Construction & Demolition Debris Program application for self -haul or contract services through the City's Franchise hauler.

16. Construction projects requiring fire permits must apply and submit fire plans prior to the issuance of the building permit, including fire sprinkler submittals.

17. A security fence with screening shall protect all construction sites. The fencing and screening shall be maintained at all times to protect pedestrians. All development projects shall submit a construction fencing plan with the construction design plans. Construction projects that have phased occupancy shall be completely separated by a construction fence that is screened and show the adjusted fence locations at each phase.

18. 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

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

20. Building and Safety inspection requests must be made by 4: 00 pm. on the previous City working day to receive the next business day inspection. Please contact ( 909) 864-6861, Ext 228.
a. If your inspection request is left on another phone extension your inspection will not be performed.
b. You may also fill out an inspection request at the building and Safety counter.

The request may be made to the front counter staff by 4: 00 pm for an inspection the following day.

21. All construction projects shall comply with the NPDES Stormwater Best Management Practices.

22. Building and Safety does not release all meters until final approvals are obtained from all agencies and departments. Policy 295.

23. 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.

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

The Developer/ Owner shall request clearance 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 Building and Safety Job Card, or provide agency approved signed documentation, and provide a copy of the signatures to Building and Safety at the time the final inspection is requested.

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

Items specific to this project
Please obtain a demolition permit prior to demolition of any structures on these lots prior issuance of a building permit. Verify the termination of utility and proper abatement of any onsite underground storage tanks prior to grading activities.

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Planning should be consulted for compliance with the City of Highland Development code.

2. 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.
a. All common areas, which includes " Lot B" communal outdoor area shall be accessible. CBC sec. 1110A. 1( 2), sec. 1110A.3.

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City of Highland
Engineering Department
Conditions of Approval
DRA 24- 003 TTM 20693) 7394 Central Avenue Project
A - Required Prior to Map Approval
B - Required Prior to Building Perm it/ Construction
C - Required Prior to Building Occupancy
D - Ongoing
E - Required Prior to Grading Permit
Non Standard Conditions
GRADING P. C. Approved 8- 20- 24
E 1. Design grading and landscaping plans to comply with the City's clear sight triangle criteria at public street intersections and at private driveways. Walls, fencing, monument signs, slope, and landscaping, within the clear sight triangle, must not exceed thirty inches in height measured from the flowline of the street, unless a sight distance analysis that demonstrates sight distance is adequately maintained is submitted to and approved by the City Engineer.

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

E 3. Submit rough and/ or precise grading plans to the City Engineer for review and approval. Comply with the City of Highland grading standards as shown on the grading plan checklist.

E 4. Submit the structural design and location for any required retaining walls for review and approval by the City Engineer. Construct concrete v- ditches and drainage system at the back of retaining walls in accordance with the Grading Plan Checklist and as required by the City Engineer.

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

E 6. Design short-term erosion control in accordance with Best Management Practices such as, hydroseeding, mulching, jute matting or plastic sheeting to protect slopes; silt fencing to control site perimeter; and straw bale barriers, sand bag barriers, rock filters or sediment basins to control internal erosion, or other methods to stabilize disturbed areas, as approved by the City Engineer.
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D 7. Implement dust control measures during construction activities including, but not limited to, daily watering of construction area as frequently as necessary during active and inactive periods, utilizing soil emulsions, limiting construction vehicle speed to 10 miles per hour, stabilizing construction entrances to prevent trackout of sediments, and street sweeping.

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

E 9. Design grading to drain the entire area of the project to the proposed Water Quality Management Plan ( WQMP) infiltration basins and to accommodate overflows as necessary.

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

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

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

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

STREET IMPROVEMENT
C 14. Construct Central Avenue along frontage of the project at its ultimate half section width as a Collector Street, including curb and gutter (Standard 203), a minimum 6- foot wide sidewalk (Type B Standard 208), parkway landscaping, and street lighting: as approved by the City Engineer and Community Development Director.

C 15. Design and construct public improvements including temporary fire access gate 20- foot wide ( minimum) with Knox box lock onto Central Avenue at proposed Fire access Lot F and 24 hour SCE access gate, shown on the Site Plan as approved by the City Engineer and Cal Fire.

C 16. Construct a 84-foot wide drive aisle at the left in/ left out and right in/ right out access road off Central Avenue with landscape areas shown on the Site Plan as Lots A, C, and D: as approved by the City Engineer and Community Development Director.

E 17. Submit engineering plans for street improvements and signing & striping for Central Avenue and private streets within tract to the City Engineer for review and approval.

Indicate the location of any existing utility/ facility which would affect construction on 2 155
plans and profiles. Comply with the City design standards as shown on the street and storm drain improvement checklist.

C 18. Install traffic control signs and pavement markings, with locations and types approved by the City Engineer.

C 19. Design and construct public improvements including sidewalk, driveway approaches and access ramps in accordance with all requirements of the State of California Accessibility Standards, Title 24 California Administrative Code.

Redesign and reconstruct existing frontage improvements on Boulder Avenue if found not in compliance with City Standards.

C 20. Submit " Record Revisions" to all plans to reflect the improvements as constructed, and any changes made during construction.

DRAINAGE
E 21. Obtain approval by the City Engineer of a Final Water Quality Management Plan ( FWQMP), prepared in accordance with the City' s National Pollutant Discharge Elimination System ( NPDES) permit requirements in effect at the time the Conceptual Water Quality Management Plan was approved unless subsequent City NPDES permits require otherwise. The F- WQMP shall ( 1) be prepared, signed, and sealed by a licensed Civil Engineer, ( 2) include Site Design Low Impact Development and Source Control Best Management Practices ( BMPs) appropriate for residential development, ( 3) include a BMP implementation, operation, and funding mechanism, and ( 4) be certified by the property owner. The property owner shall also enter into a Stormwater BMP Transfer, Access, and Maintenance Agreement with the City on standard City form. Include a copy of the recorded agreement in the F- WQMP. Construct BMPs in accordance with the approved FWQMP.

C* 22. Construct and implement site design BMPs per project approved F- WQMP including, but not limited to, pretreatment devices approved at time of C- WQMP approval, infiltration basin, and raised curb landscaped areas. Runoff from the proposed entrance road shall be captured and conveyed to the proposed pretreatment system, and from there to the underground infiltration system.

Alternate site design BMPs which are equally effective may be submitted for review and approval by the City Engineer.

E 23. Include the project grading plan, landscape plan and utility plan with the first submittal of the F- WQMP.

C 24. Submit two sets of WQMP BMP Exhibits with a " WQMP BMP As -Built Certificate" wet signed and sealed by the Engineer of Record. The Certificate shall state:
1 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." 9 156
B 25. At the infiltration basin proposed by the Final WQMP, conduct at least two new infiltration tests using a double -ring infiltrometer. The tests shall be conducted at the proposed WQMP basin bottom elevation, prior to the submittal of the F- WQMP.

After obtaining the results from the two tests, the engineer and geotechnical engineer shall determine if additional testing is required.

E* 26. Construct on -site grading to drain the entire site to the southwest and to the propose WQMP basin. If entire site does not drain to the southwest, then demonstrate how drainage conveyance offsite will replicate predevelopment flow path, discharge quantity, and intensity. Demonstrate adequate drainage away from proposed buildings, walls and fences. To ensure that drainage at the perimeter wall conditions and runoff from covered parking is addressed, install concrete swales and on- stie drainage inlets when necessary. Conveyance of on -site and off -site tributary flows shall be maintained by the underlying property owner.

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

E 28. Submit engineering plans for public and private drainage systems to the City Engineer for review and approval. Indicate the location of any existing utility facility which would affect construction on plans and profiles. Comply with the City design standards as shown the street and storm drain improvement checklist.

DEDICATION/ ANNEXATION/ MAP
C* 29. Establish a maintenance funding mechanism acceptable to the City for City' s potential City maintenance of parkway and frontage landscaping along Central Avenue. The City will maintain parkway and frontage landscaping utilizing CFD revenue only if the City determines that adequate maintenance is not being provided by the property owner. The potential future amount of assessment will include the estimated on -going maintenance cost and one- time construction cost to convert the privately -maintained system to the City -maintained system.

C* 30. Establish a Homeowners Association ( HOA) and secure a commitment from the HOA via an agreement with the City and include in its By- laws and Covenants, Conditions and Restrictions ( CC& R) to maintain the private streets, private parks, the landscaping/ hardscaping/ streetscaping and lighting within the tract, medians and parkway areas at the side of the lots adjacent to the gated entry, the water quality basin, and the landscape areas in private corner lots along the street side where applicable or the enforcement of maintenance of such private slopes by the individual owner where applicable. The HOA shall also accept responsibility of the maintenance of the private drainage, sewer and water system.

M
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C/ D* 31. Establish an agreement for the maintenance funding mechanism as approved by the City for the improvements that are to be maintained by the HOA but may be potentially maintained by the City via the maintenance funding mechanism as approved by the City, if deemed necessary by the City. Include the following improvements: the private streets, private parks, landscaping/ hardscaping/ streetscaping and lighting within the tract, and parkway areas at the side of the lots adjacent to the gated entries, the water quality BMPs, private storm drain, and the landscape areas in private corner lots along the street side where applicable or the enforcement of maintenance of such private slopes by the individual owner where applicable.

B* 32. Establish a mechanism for ownership and maintenance of open space lots per the requirements of the Community Development Director.

B* 33. Dedicate by separate instrument an irrevocable offer of dedication document, ( 1) a 10- foot wide minimum landscape easement across the Central Avenue frontage, in addition to the required street right-of-way, as approved by the City Engineer, ( 2) a temporary construction easement granting permission for the City to enter the property to construct and restore landscaping. The exact dimensions of the landscape easement will be determined at the time on -site improvement plans have been prepared and as approved by the Community Development Director and City Engineer.

E* 34. In the event the developer, after a verifiable good faith effort, fails to acquire, if any, required off -site property interests, the developer shall enter into an agreement with the City to complete the improvements pursuant to Government Code Section 66462 et seq. at such time as the City acquires the property interests required for the improvements. Such agreement shall provide for payment by developer of all costs incurred by the City to acquire the off -site property interests ( drainage easements, drainage acceptance letters, and permission to grade and construct as applicable) required in connection with the development project. Security for a portion of these costs shall be in the form of a cash deposit in the amount estimated by the City based on an appraisal report obtained by the developer, at the developer' s cost. The appraiser shall have been approved by the City prior to commencement of the appraisal.

C 35. Dedicate corner property line cutoffs on public streets in accordance with City Standards ( R= 35'), or as approved by the City Engineer.

D 36. At the time of formal development application, provide a preliminary title report for the proposed project. Project proponent needs to be able to determine if there are any existing easements on the property.

C 37. Record a reciprocal private easement for drainage, utilities, and pedestrian and vehicular access, parking purposes in favor of the parcels within proposed tract.

B 38. Record a Final Map with the San Bernardino County Recorder pursuant to the provisions of the State Subdivision Map Act. Submit a duplicate photo mylar of the map recorded with the San Bernardino County Recorder.
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A 39. At the time of Final Map submittal, include traverse calculation sheets which show error of closure, copies of recorded maps and deeds used as reference and/ or showing original land division, tie notes and bench marks referenced, and a current title report. Inverse calculations will not be accepted for plan check. 13* 40. Record an easement for Public water improvements purposes in favor of the EVWD within Project' s ownership for distribution lines.

FEES/ PERMITS/ BONDS
D 41. Pay appropriate Engineering fees for district annexation, plan check, WQMP review, traffic report review, improvement bond processing, hydrology study review, structural calculation review, on -site and off -site inspection, utility excavation permits, GIS map plan update, microfilming and storage of plans, and other required fees.

D 42. Obtain a permit from Engineering prior to any on -site construction or construction within the public right- of-way and obtain permit/ permission from EVWD, MWD, and SCE prior to any construction within or impacting their easement areas or facilities.

E 43. Post a deposit for erosion control which shall not be released prior to completion of all on - site construction.

B 44. Submit Subdivision Improvement Agreement and bond for public improvements and grading bond, as directed by City Engineer and City Attorney.

UTILITIES/ CONSTRUCTION
E 45. Obtain written permission from the adjoining property owners for offsite grading and/ or construction, if any.

B 46. Install construction fencing and screening in accordance with Building and Safety Division Policy 335.

C 47. Reconstruct existing public improvements removed or damaged during construction.

Pavement repair, which may include A. C. overlay, T- cut trench repair and/ or slurry seal after removal of existing striping shall be across all or a portion of damaged pavement caused by this project as determined by the City Engineer.

C 48. Coordinate, and where necessary, pay for the relocation of any existing public utilities as necessary. Reserve by separate instrument the required easements for those relocated public utilities.

C 49. Provide all utility services to each building, including sanitary sewers, water, electric power, gas ( if required), cable TV, internet, and telephone. All utilities listed under Highland Municipal Code Section 16. 40. 380 ( A) are to be underground per Ordinance 315.

E 50. Comply with applicable requirements of the National Pollutant Discharge Elimination System NPDES) permit program. Provide written verification from the Regional Water Quality Control Board specifying the projects WDID number.

C
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B 51. Destroy any abandoned wells on the property or similar structures that might result in contamination of underground waters in a manner approved by the City Engineer.

B 52. All underground structures, except those desired to be retained, must be broken in, backfilled, and inspected before covering.

D 53. Comply with the prevailing City design and construction standards and requirements at the time of permit issuance.

C 54. Install telephone, cable television, and internet enclosures underground whenever the underground installation is an available option offered by the utility companies. If the underground installation is not an available option and utility enclosures must be installed above ground, install the above - ground utility enclosures and any flush mount utility enclosures at locations where construction of retaining walls will not be necessary for compliance with the setback requirements of the utility companies.

B* 55. Submit a Composite Utility Plan indicating the location of all above ground and flush mount water, electric, cable TV, internet, and telephone utility structures prior to City issuance of utility permits.

B 56. Remove all existing on -site utility poles per Ordinance 315, excluding the poles located along the Project' s westerly property line. Coordinate relocation of electrical drop for affected offsite properties, if any.

C* 57. Underground existing overhead utilities and remove utility poles located within the public right- of-way along the west side of Central Avenue frontage. All utilities listed under Highland Municipal Code Section 16. 40. 380 ( A) are to be underground per Ordinance 315.

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

DATE : 04/ 19/ 24 Page 1 of 6
APPLICANT : Matt Gibson / Coffee Family Trust (Patsy Coffee) ADDRESS : 7394 Central Ave
SITE LOCATION: 1192- 341- 11, 1192- 361- 45 & 47
FILE / INDEX No.: CUP 23- 010, DRA 24-003, GPA 24- 001, ZC 24- 001& TTM 24- 001 A tiered level of mitigation options has been developed and listed below are the systems and/ or modifications required for your project. Compliance of the following items are a condition of FINAL OCCUPANCY APPROVAL. These conditions are required as acceptable solutions to the adverse fire conditions impacting firefighting and emergency operations accompanying the site/ area. They will either assist in detection and extinguishment of the fire and/ or facilitate the anticipated emergency operations.

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

Fire Department Review of all projects is required.

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

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

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

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

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

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

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

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 occupied.

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

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

7. Exit signs shall be internally or externally illuminated by two lamps or shall be of the self -luminous type. CFC; 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 %2" maximum openings. CFC; CBC; CIVIC

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.
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ACCESS:

10. 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

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

12. 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

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

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

15. 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 a0 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

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

17. 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 163
manual over -ride for use during loss of electric power. " KNOX BOX" request form is available from the fire marshal or may be ordered directly from www knoxbox.co_m ( specify City of Highland, CA) CFC —Appendix D Note: The city of Highland also requires an electronic " H" key system (Ord. # 320) for multi -family, gated communities or secured storage facilities. HMC

18. HF24: " NO PARKING — FIRE LANE" signs shall be posted at locations designated by fire marshal. Fire lane curbs shall be painted red, with white letters stating, " NO PARKING — FIRE LANE" on top, not face. CFC - APPENDIX D 1-9. HF54: commercial and industrial structures - occupancies and gated complexes shall have a " KNOX BOX" system installed on the exterior of the building( s) or complex. location of device to be determined by the fire department. The box shall contain keys necessary to gain access and may contain pre -plans and MSDS information as required by the fire department. New and existing multi -tenant commercial buildings shall provide a ' KNOX' box large enough to contain keys to access each individual tenant space. Installation location( s) to be determined by the fire marshal. The box shall contain clearly marked keys to each tenant space or other areas as determined by the fire marshal. CFC
WATER:

20. HF25: Minimum required fire flow, as determined by i. s.o. formula, is as follows:

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

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

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

21. HF29: Fire hydrant spacing shall be:

Single family residential: 600 FEET
CFC / APPENDIX B AND C.

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

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

23. HF27: Applicant -developer shall provide a letter from the water company serving the project -development, verifying financial arrangements have been made and bonded for the required water improvements. CFC
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24. HF28: Fire hydrants shall be installed, inspected and operational as per approved water system delivery plans prior to any framing, construction or delivery of combustible materials to project site. CFC / CFC

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

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

CFC / APPENDIX B AND C

26. 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 in excess of 150 feet from a fire hydrant on a public street, as measured by an approved route around the exterior of the facility or building, additional fire hydrants or on -site fire hydrants, meeting the required fire flow, shall be provided. CFC APPENDIX B AND C
ADDRESSING — IDENTIFICATION:

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

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

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

30. HF20: Residential address numbers shall be placed on all new and existing structures in such a manner as to be plainly visible and legible from the access roadway -or street. Single family dwellings shall have numbers of 4" height, 1/ 4" stroke on contrasting background. Address numbers shall be low voltage, automatically electrically illuminated where structure setback exceeds one hundred ( 100) feet from the access roadway or street, additional non -illuminated numbers 4" in height, 1/ 4" stroke, on contrasting background shall be displayed at property access entrance. CFC
FIRE PROTECTION & ALARM SYSTEMS:
165

31. 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.

32. The water meter supplying a 13D system shall be of sufficient 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; CBC; HMC; NFPA

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

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

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

Craig Sanchez, Fire Marshal
City of Highland Fire Prevention
909) 864-8732 x 248
166
ATTACHMENT 8
Resolution to Approve Design Review Application ( DRA 24- 003) 167
RESOLUTION NO. 2024-

A RESOLUTION OF THE HIGHLAND CITY COUNCIL APPROVING DESIGN REVIEW APPLICATION ( DRA 24- 003) FOR THE SITE PLAN, ROUGH GRADING PLAN, AND

CONCEPTUAL LANDSCAPE PLAN PERTAINING TO THE DEVELOPMENT CONSISTING OF 79 SINGLE- FAMILY LOTS AND COMMON AREAS LOCATED ON THE WEST SIDE OF CENTRAL AVENUE, APPROXIMATELY 400 FEET SOUTH OF BASE LINE. RELATED ENTITLEMENTS INCLUDE CONDITIONAL USE PERMIT CUP 23- 010), TENTATIVE TRACT MAP NO. 20693 ( TTM 24- 001), GENERAL PLAN AMENDMENT ( GPA 24-001), AND ZONE CHANGE ( ZC 24-001).

APPLICANT: DSMG Investments, LLC, Anacapa DG
A. RECITALS
On March 18, 2024, the Applicant submitted an application for Design Review Application ( DRA 24- 003) for the Site Plan, Building Elevations, Grading Plan and Conceptual Landscape Plan pertaining to the development of 79 singlefamily lots and common areas located on the west side of Central Avenue, approximately 400 feet south of Base Line. Related entitlements include General Plan Amendment ( GPA 24- 001) and Zone Change ( ZC 24- 001) to change the land use and zoning designation from Low Density ( LD) Residential/ Single- Family ( R- 1) Residential to Planned Development ( PD), Conditional Use Permit ( CUP 23- 010), and Tentative Tract Map No. 20693 TTM 24- 001) to subdivide three ( 3) parcels into seventy-nine ( 79) plus common areas. The aforementioned entitlements will be referred to collectively as "the Project."

2. The site is located on approximately 8. 31 acres located on the west side of Central Avenue between Base Line and 9th Street. Assessor Parcel Numbers 1192- 341- 11, 1192- 361- 45 and 1192- 361- 47, are within the City's Single - Family ( R- 1) Residential Zoning and Low Density ( LD) Residential General Plan Land Use Designations.

3. Pursuant to the provision of the California Environmental Quality Act ( CEQA) and State and Local CEQA Guidelines, the City of Highland is the Lead Agency, and is charged with the responsibility of deciding whether to approve the Project. An Initial Study and Mitigated Negative Declaration were prepared and circulated in accordance with state and local law to be considered by the City Council at the October 8, 2024 public hearing.

4. On August 20, 2024, the Planning Commission of the City of Highland, conducted a Public Hearing on the subject Project, concluded the Hearing on that date, and adopted Resolution No. 24-021, recommending the City Council approve Design Review Application ( DRA 24- 003).

5. On October 8, 2024, the Highland City Council conducted a Public Hearing on the subject Project and concluded the Hearing on that date. 168

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

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

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

2. Environmental Review - CEQA Compliance
a. An Initial Study was prepared for the Project and potential impacts to air quality, biological resources, tribal/ cultural resources, geology and soils, paleontological resources, hazards and hazardous materials, transportation, tribal cultural resources, and noise were identified. Project specific mitigation measures have been included to reduce said impacts to below a level of significance and the list of measures have been included in the Mitigation Monitoring and Reporting Program ( MMRP). b. A Notice of Intent to Adopt a Mitigated Negative Declaration ( MND) was circulated through the California State Clearinghouse and made available for public comment between July 9, 2024 and August 7, 2024. The Notice was mailed to surrounding property owners within 300 feet as well as interested agencies and parties at their request. The Notice was also posted on the City' s website, outside City Hall, the Sam J. Racadio Library and Environmental Learning Center, and Fire Station # 1. The Notice was also published in the San Bernardino Sun, a newspaper of general circulation.

C. Based upon the Findings of the Initial Study and adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, the Project will not have a significant impact upon the environment. Concurrently with this Resolution, the City Council is adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for this Project.

3. Based upon substantial evidence presented to the Highland City Council during the October 8, 2024 Public Hearing, including public testimony and written and oral Staff Reports, the Highland City Council finds as follows:
a. All necessary public meetings and opportunities for public testimony and comment have been conducted in compliance with State Law and the Municipal Code of the City of Highland.

4. Findings of Fact for Design Review Application ( DRA 24-003) ( Highland Municipal Code Section 16. 08. 090. E Design review, Findings):
169
Based on the Findings below, the Highland City Council hereby finds:
a. That the proposed project is consistent with the General Plan or Specific Plan.

Response: Approval of General Plan Amendment ( GPA 24- 001) is required concurrent with the subject Design Review Application. This action will change the land use designation to Planned Development PD). Within the PD District, all residential uses are considered appropriate. The General Plan requires the Project be processed with a Conditional Use Permit or similar entitlement, which is being accomplished through the concurrent application of Conditional Use Permit ( CUP 23- 010). The Project must achieve a superior design which it has done through its inclusion of a gated entrance, embellished landscaping, uniform architecture and street lined right-of-way, and passive and active recreational amenities. The overall intensity of the Project has been analyzed and found consistent with the surrounding community and forecasted future development to the east where there is potential development of multi -family housing within the PD Zone. b. That the proposed use is in accordance with the objectives of Title 16, Land Use and Development of the City of Highland Municipal Code, and the purposes of the land use district in which the site is located.

Response: Concurrent approval of Zone Change ( ZC 24- 001) is required for approval of the subject Design Review Application. The Planned Development ( PD) Zone District designation allows for residential developments per Section 16. 12. 010 of the Highland Municipal Code.

Uses within a Planned Development (PD) District shall be established by a conditional use permit, planned development, or a development plan approved for the site. A Conditional Use Permit is utilized for this project.

Through CUP 24- 010, the project establishes customized development standards in keeping with the overarching policies of the General Plan, Municipal Code and surrounding neighborhood. The proposed seventynine ( 79) unit single-family community falls within that allowed land use as enumerated in the Project' s Plot Plan. The Building Elevations and Conceptual Landscape Plan meet the City' s standards for quality architectural treatments, varied and multi -tier landscaping, and harmonious and attractive development through varied setbacks, twostory embellishments, decorative block walls and community recreation facilities.
c. That the proposed use is in compliance with city design and landscape standards and criteria.
170
Response: The proposed use is in compliance with city design and landscape standards and criteria because the development will be required to initiate the process to establish a funding mechanism acceptable to the City prior to occupancy for maintenance and upkeep of the landscaping in the common areas and right- of-way and frontage along Central Avenue, and the water quality basin. The Project' s residential developments shall be required to provide the costs for maintenance. The homeowners will be responsible for maintaining the landscaping on the interior sides and the rear of their own individual property. The Project will meet the design guidelines/ criteria of the Conditional Use Permit by providing three architectural styles, Spanish, Craftsman, and Prairie architectural styles for the residential development. The Project is within the Planned Development District and is thus expected to have a superior design. In addition to Municipal Code development standards, the Project' s site plan, and building elevations were scrutinized to ensure that the building heights, massing, pedestrian travel, open space are of high quality.
d. That the proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or will not be materially injurious to properties or improvements in the vicinity of the site.

Response: This Project was subject to an Initial Study as part of the CEQA review process. As such, the City oversaw preparation of an Initial Study, which was made available for public review from July 9, 2024 to August 7, 2024. The Initial Study found that potential impacts to air quality, biological resources, tribal/ cultural resources, geological and soils, hazards and hazardous material, noise, transportation and traffic require the implementation of mitigation measures to reduce impacts to a less than significant level. A Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program was prepared for this Project and will be adopted concurrently with the Conditional Use Permit, Design Review Application, General Plan Amendment, Zone Change, and Tentative Tract Map.

The project is of similar residential use as neighboring properties and is consistent with the surrounding uses. The Project will result in new construction and infrastructure improvements in the vicinity of the site including new curb, gutter, sidewalk, storm drain connections, water and sanitary sewer connections, water quality features, the undergrounding of electrical lines, landscape parkways within the public right- of-way an aesthetically pleasing residential development compliant with the General Plan and the project's adopted Specific Plan. The project will be an asset to the surrounding community.
171
The 79 single- family lots will be in compliance with Municipal, Fire & Building codes. Each public safety division of the City has reviewed the Project and provided relevant Conditions of Approval that will be adopted by resolution.

5. Based on the Findings and Conclusions set forth above, the Highland City Council approves Design Review Application ( DRA 24- 003). All improvements will be completed subject to the Conditions of Approval attached hereto and incorporated by reference.

Exhibit 1 - Project Plans
Exhibit 2 - Conditions of Approval for DRA 24- 003
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 8th day of October, 2024 Penny Lilburn, Mayor
ATTEST:

Alondra Munoz
City Clerk
APPROVED AS TO FORM:

Maricela E. Marroquin
City Attorney
172

EXHIBIT A
DRA Plans & Conditions of Approval
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Elev Color LOT Elev Color LOT Elev Color
A 1 26
27 28
29 30
31 32
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35 36
37 38
39 40
41 42
43 44
45 46
47 48
49 50
B 5 51
52 53
54 55
56 57
58 59
60 61
62 63
64 65
66 67
68 69
70 71
72 73
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A 2 C 9 C 7
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A 3 B 5 B 4
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A 2 A 3 C 9
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B 4 B 4 A 3
C 8 C 9 B 5
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A 3 B 6 C 8
C 9 A 1 B 6
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Created 8/ 14/ 24
JOB# 23074
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LLC.

Kevin L. Crook
Architect
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CITY OF HIGHLAND

PLANNING DIVISION CONDITIONS OF APPROVAL
Date: August 20, 2024
Applicant: DSMG Investments, LLC, Anacapa DG
File/ Index: Design Review Application ( DRA 24- 003)
Proposal: Construction of a 79- unit, 2- story single family home community.

Location: Three ( 3) vacant parcels, totaling 8. 31 acres in area, located at 7394 Central Avenue
Assessor' s Parcel Numbers: 1192- 341- 11, 1192- 361- 45 and 47 Related Entitlements: Conditional Use Permit No. 23- 010), Tentative Tract Map No. 20693/ TTM 24- 001, General Plan Amendment ( GPA 24- 001), and Zone Change ( ZC 24- 001)

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

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

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

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

2. This Design Review Application is for the Site Plan, Landscape Plan, Photometric Plan, Grading Plan, and Elevations pertaining to the construction of a 79- unit, 2- story Single family residential community on an 8. 31 acre site. 212
a. The approval of the Design Review Application is applicable to the proposed use, Site Plan, Grading Plan, Landscape Plan, and design features on the apartment buildings.

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

4. Indemnity, Duty to Defend and Obligation to Pay Judgments and Defense Costs, Including Attorneys' Fees, Incurred by the City. The Applicant shall defend, indemnify, and hold harmless the City, its elected officials, officers, employees, volunteers, agents, and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees") from and against any claims, damages, actions, causes of actions, lawsuits, suits, proceedings, losses, judgments, costs, and expenses ( including, without limitation, attorneys' fees or court costs) in any manner arising out of or incident to the Planning Commission' s actions, the City Council' s actions, related entitlements, or the City' s environmental review thereof. The Applicant shall pay and satisfy any judgment, award or decree that may be rendered against City or the other Indemnitees in any such suit, action, or other legal proceeding. The City shall promptly notify the Applicant of any claim, action, or proceeding and the City shall reasonably cooperate in the defense. If the City fails to promptly notify the Applicant of any claim, action, or proceeding, or if the City fails to reasonably cooperate in the defense, the Applicant shall not thereafter be responsible to defend, indemnify, or hold harmless the City or the Indemnitees. The City shall have the right to select counsel of its choice. The Applicant shall reimburse the City, and the other Indemnitees, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Nothing in this condition shall be construed to require the Applicant to indemnify Indemnitees for any claim arising from the sole negligence or willful misconduct of the Indemnitees. In the event such a legal action is filed challenging the City' s determinations herein or the issuance of the approval, the City shall estimate its expenses for the litigation. The Applicant shall deposit said amount with the City within thirty days of being notified of the estimate cost or, at the discretion of the City, enter into an agreement with the City to pay such expenses as they become due.

5. The Owner/ Applicant is responsible for implementing all conditions of approval to the satisfaction of the Community Development Director, City Engineer, and Fire Department. No final inspection or clearances shall be given until all conditions are met. Each condition of approval is separately enforced, and if one of the conditions of approval is found to be invalid by a court of law, all the other conditions shall remain valid and enforceable.
213

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

7. The Development Impact Fees shall be paid in accordance with City Ordinance and are subject to change by action of the City Council as may be amended from time to time. Fees are locked in upon submission of application to the Building & Safety Division for plan check.

8. Embellishments shall be installed on the second story elevations visible from the public on Lots 1- 3, 27 37- 43 ( visible from Central Avenue), Lots 48, 49, 66 and 76 79( visible from the recreation area), Lots 17 and 18 ( visible from Bruce Street).

Embellish 1st and 2, d stories for Lots 28, 31, 33, 34, 44, 53, 54, 59, 60, 65, 72 and 73 ( visible from adjacent streets within the development). Embellishments could include window surrounds, shutters, or similar treatments. ( Amended by PC on 8/ 20/ 2024)
Landscaping

9. Per Chapter 16.40. 390 of the Highland Municipal Code, the landscape plans shall be prepared by a Landscape Architect who is licensed to practice Landscape Architecture pursuant to Chapter 3. 5 of Division 3 of the most recent California Business and Professions Code.

10. Conceptual landscape plans shall include the following as per Highland Municipal Code 16. 40. 390 Water Efficient Landscape requirements:
a. Design statement, irrigation notes, planting notes, and a conceptual plant palette identifying proposed hydrozones;
b. Preliminary MAWA Calculation for the landscape project area based on the proposed hydrozones;
c. Separate images of all plant material to be used placed in groups such as trees, mid -level shrubs, low shrubs/ accents, vines, and ground cover. If any organic materials are proposed such as gravel, stones, and or boulders they shall also be shown with color images in addition to any site features such as seating, pottery, or other landscape accessories.

11. Update title block information to be corrected for County location and plot plan or DRA/CUP identification- in addition to project and applicant information.

12. Include all site plan information on the landscape plans including, property lines, ROW, easements, Site lighting, transformers, and any required setbacks. 214

13. All planting and irrigation plans shall confirm to all sections of 16. 40. 390 " Water Efficient Landscape" requirements and Section 14 of the Public Works Policies, Procedures, and Standards.

14. Applicant shall include enhanced paving treatments and finishes to assist in way finding in addition to highlighting entrances, street crossings as well as in amenities areas. Enhanced paving includes colored and/ or stamped concrete, stone, tile, and or pavers that complement the architectural features of the development and visually separate pedestrian pathways from parking lots or other hardscape areas.

15. Applicant to show and provide accessible mailbox locations near the central community area with ADA access In addition to any other locations for review.

16. Enhanced landscaping and site features shall be used to define the outdoor community space. This shall include the use of larger plant and tree container size/ boxes in addition to accent material and higher levels/ concentration of planting and the addition of screen walls and/ or screening material for adjacent residences.

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

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

AppliGaRt shall GGRsider the use of deGGrative pottery er other g
StFUGtUred
PrOteGtiRg plant materials in high use areas where typiGal tFaA• Duplicate•

20. Required street trees shall be a minimum of 24" box and Standard in form ( no multitrunked forms), overall tree sizes for the project shall meet the following criteria:
a. 15 gallon 50%, 24" box 20%, 36" box 15%, 48" box 15% b. All palms if used shall be skinned/ dead fronds removed. c. Applicant shall include cultivar and flowering color in legend and shall coordinate with the City Landscape Architect for street tree species and required spacing.
d. Please note that trees that create excessive debris from flowering/ seed production such as Pale Verde are prohibited due to Water Quality concerns.
215

21. Shade tree planting shall be installed to provide shade over 50% of the parking areas and 20% of landscape areas within 15 years of installation per Title 24 of the most current version of the California Green Building Code. Applicant shall prepare an exhibit showing the coverage estimated at noon on the summer solstice including overall parking area in sq. ft. and shaded area in sq. ft.

22. Root barriers shall be installed for all trees planted within 5 feet of hardscape, paving, or walls/ structures. All trees requiring root barriers shall extend 10' from the center of the trunk in either direction and be a minimum of 24" deep.

23. All trees shall be double staked with vinyl type ties nailed to the lodge pole stakes in at least two vertical locations. Trees in high wind corridors or trees requiring special support measures shall require additional staking and or specialized staking material as needed.

24. Shrub planting shall be made up of 75% 5- gallon plants and 25% 1- gallon plants, with the exception of ground covers that will be a minimum of 1 gallon size.

25. All shrubs and groundcovers shall be installed from living plant materials. On center spacing shall be approved by the City Landscape Architect to achieve appropriate plant coverage within 2 years of the installation.

26. Lantana or other shrubs and groundcovers vulnerable to frost damage shall be avoided due to Highlands seasonal temperatures that can result in frost and freeze events in the winter months.

27. All warm season turf will need to be noted as over seeded with Rye for the possible installation in fall or winter months to maintain green turf areas year round.

28. Planting shall offer horizontal and vertical variation in form, texture, and scale that compliments the scale of the structure and shall include multiple varied species to prevent against loss of a monoculture of a single species from species specific pest or other environmental cause.

29. Landscaping and planting areas shall be used to screen and buffer edge areas and parking areas from public view to the extent feasible. All parking areas shall be screened by earth mounding (30") and or screening shrubs to screen the parked cars from public view of users of the establishment and public right aways.

30. Planting in frontage areas shall have three basic levels- Groundcover, low or accent, and mid -level ( up to the 30" requirement) to create the required visual buffer for parking areas.

31. Landscape islands or planters adjacent to parking stalls shall be a minimum of 5' wide excluding any concrete step out areas or curbing.
216

32. Tree diamonds, if used shall be a minimum of 25 sq. ft., trees in areas surrounded by imperviable paving may require specialized growing media, soil support, or other instruments to create healthy aerated soil for long term root and tree health.

33. All plants shall be hydrozoned to low to medium water use according to WUCOLS IV in Region 4, Inland Valley as a general guide.

34. Coordinate the landscape plan layout with the project' s Water Quality Management Plan to ensure that the landscape layout aligns with the required Best Management Practices ( BMP) for the facilities, Current landscape plan does not address any facilities if required.

35. Include total landscape area in square feet and a percentage of overall site for verification with meeting City minimums typically 10- 15% based on similar projects.

36. DG or decorative cobble areas shall cover no more than 50% of the total landscape area and must be compatible with the adjacent area use.

37. Note and identify all fence and wall treatments including color examples of materials as used throughout the project site.

38. A weather -based smart irrigation controller shall be installed that measures evapotranspiration. A rain shut off device shall be installed free of overhead obstruction and connected with the irrigation controller in addition to a master valve, flow sensor and separate Landscape water meter are required.

39. Irrigation systems within landscape maintenance district easements which may or may not be maintained by the City shall be designed for easy isolation from on - site private irrigation systems in the event the City assumes maintenance of the irrigation and landscaping within the landscape maintenance district. Applicant shall design irrigation with the inclusion of required separations per the Shell LMD or actual LMD area per City Engineering Departments direction ( City Standard Detail # 401 a).

40. A copy of the soil management plan and fertility recommendations specified using organic fertilizers and soil amendments shall be included on the first submittal of the landscape construction plans unless extensive grading is anticipated. In that case the landscape contractor shall provide the soil fertility recommendations and soil management plan prior to the pre -job meeting on site.

41. Applicant shall provide a concrete mow curb or other form of separation deemed acceptable by the City at property boundaries to clearly identify where landscape maintenance responsibilities end.

42. The City Landscape Architect shall meet with the job site superintendent and the landscape contractor for a pre -job meeting. Copies of required landscape submittals shall be presented for approval including soil test results per the soil 217
management plan. The overall inspection schedule shall be reviewed, and all procedures shall be reviewed. No landscaping shall occur prior to the meeting.

43. Prior to the request for final inspection the Applicant shall have completed the installation of all landscape items, passed all construction sequence inspections in addition to having a completed3rd party water audit with report, as built documents, controller charts submitted and approved prior by the City Landscape Architect.

Failure to do so will result in delays for final inspection and or sign -off.

44. No light fixture, electric transformer, fire detector check, fire hydrant, or other utilities shall be designed for any location in a planting area, which would make it necessary to eliminate a tree or masses of shrubs. All overhead light fixtures and utilities shall be identified on the grading and site plans. Utilities shall be screened appropriately with landscaping to the extent feasible. Any trees that are determined to be in conflict through the design development process shall be relocated to keep the same quantities shown on the approved entitlement plan, this shall include adjusting, adding, and revising or creating additional planting areas to support the total required number
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April 10, 2024
Attn: Tiffany Martinez, Assistant Planner
City of Highland
27215 Base Line
Highland, CA 92346
RE: Preliminary Landscape Plan Review:

D RA 24- 003
Anacapa 79 Unit Single Family Community
Dear Tiffany:

We have reviewed the preliminary landscape plans for the project listed above in comparison to the City' s Design Guidelines, Specific Plan, Water Efficient Landscape Ordinance, and recently processed applications of similar occupancy. Accordingly, we recommend the following landscape - specific conditions:
1) Per Chapter 16. 40. 390 of the Highland Municipal Code, the landscape plans shall be prepared by a Landscape Architect who is licensed to practice Landscape Architecture pursuant to Chapter

3. 5 of Division 3 of the most recent California Business and Professions Code. 2) Conceptual landscape plans shall include the following as per Highland Municipal Code

16. 40. 390 Water Efficient Landscape requirements:
a. Design statement, irrigation notes, planting notes, and a conceptual plant palette identifying proposed hydrozones;
b. Preliminary MAWA Calculation for the landscape project area based on the proposed hydrozones;
c. Separate images of all plant material to be used placed in groups such as trees, midlevel shrubs, low shrubs/ accents, vines, and ground cover. If any organic materials are proposed such as gravel, stones, and or boulders they shall also be shown with color images in addition to any site features such as seating, pottery, or other landscape accessories.
3) Update title block information to be corrected for County location and plot plan or DRA/ CUP identification- in addition to project and applicant information. 4) Include all site plan information on the landscape plans including, property lines, ROW, easements, Site lighting, transformers, and any required setbacks. 5) All planting and irrigation plans shall confirm to all sections of 16. 40.390 " Water Efficient Landscape" requirements and Section 14 of the Public Works Policies, Procedures, and Standards.
6) Applicant shall include enhanced paving treatments and finishes to assist in way finding in addition to highlighting entrances, street crossings as well as in amenities areas. Enhanced 71 1 1 INDIANA AVE, STE 300 • RIVERSIDE CA 92504 • ( 951) 369-0700 • WWW. CWDG. FUN 219
CITY OF HIGHLAND PRELIMINARY LANDSCAPE REVIEW - DRA 24- 003 April 10, 2024 paving includes colored and/ or stamped concrete, stone, tile, and or pavers that complement the architectural features of the development and visually separate pedestrian pathways from parking lots or other hardscape areas.
7) Applicant to show and provide accessible mailbox locations near the central community area with ADA access In addition to any other locations for review. 8) Enhanced landscaping and site features shall be used to define the outdoor community space.

This shall include the use of larger plant and tree container size/ boxes in addition to accent material and higher levels/ concentration of planting and the addition of screen walls and/ or screening material for adjacent residences.
9) Applicant to consider the use of decorative pottery or other structured methods of protecting plant materials in high use areas where typical ground level planting in planter areas only can lead damage from high use or increased pedestrian foot traffic. 10) Required street trees shall be a minimum of 24" box and Standard in form( no multitrunked forms), overall tree sizes for the project shall meet the following criteria:
a. 15 gallon 50%, 24" box 20%, 36" box 15%, 48" box 15% b. All palms if used shall be skinned/ dead fronds removed. c. Applicant shall include cultivar and flowering color in legend and shall coordinate with the City Landscape Architect for street tree species and required spacing. d. Please note that trees that create excessive debris from flowering/ seed production such as Pale Verde are prohibited due to Water Quality concerns. 11) Shade tree planting shall be installed to provide shade over 50% of the parking areas and 20% of landscape areas within 15 years of installation per Title 24 of the most current version of the California Green Building Code. Applicant shall prepare an exhibit showing the coverage estimated at noon on the summer solstice including overall parking area in sq. ft. and shaded area in sq. ft.
12) Root barriers shall be installed for all trees planted within 5 feet of hardscape, paving, or walls/ structures. All trees requiring root barriers shall extend 10' from the center of the trunk in either direction and be a minimum of 24" deep.
13) All trees shall be double staked with vinyl type ties nailed to the lodge pole stakes in at least two vertical locations. Trees in high wind corridors or trees requiring special support measures shall require additional staking and or specialized staking material as needed. 14) Shrub planting shall be made up of 75% 5- gallon plants and 25% 1- gallon plants, with the exception of ground covers that will be a minimum of 1 gallon size. 15) All shrubs and groundcovers shall be installed from living plant materials. On center spacing shall be approved by the City Landscape Architect to achieve appropriate plant coverage within 2 years of the installation.
16) Lantana or other shrubs and groundcovers vulnerable to frost damage shall be avoided due to Highlands seasonal temperatures that can result in frost and freeze events in the winter months. 220
CITY OF HIGHLAND PRELIMINARY LANDSCAPE REVIEW - DRA 24- 003 April 10, 2024 17) All warm season turf will need to be noted as overseeded with Rye for the possible installation in fall or winter months to maintain green turf areas year round. 18) Planting shall offer horizontal and vertical variation in form, texture, and scale that compliments the scale of the structure and shall include multiple varied species to prevent against loss of a monoculture of a single species from species specific pest or other environmental cause. 19) Landscaping and planting areas shall be used to screen and buffer edge areas and parking areas from public view. All parking areas shall be screened by earth mounding ( 30") and or screening shrubs to screen the parked cars from public view of users of the establishment and public right aways.
20) Planting in frontage areas shall have three basic levels- Groundcover, low or accent, and midlevel ( up to the 30" requirement) to create the required visual buffer for parking areas. 21) Landscape islands or planters adjacent to parking stalls shall be a minimum of 5' wide excluding any concrete step out areas or curbing.
22) Tree diamonds, if used shall be a minimum of 25 sq. ft., trees in areas surrounded by imperviable paving may require specialized growing media, soil support, or other instruments to create healthy aerated soil for long term root and tree health. 23) All plants shall be hydrozoned to low to medium water use according to WUCOLS IV in Region 4, Inland Valley as a general guide.
24) Coordinate the landscape plan layout with the project' s Water Quality Management Plan to ensure that the landscape layout aligns with the required Best Management Practices ( BMP) for the facilities, Current landscape plan does not address any facilities if required. 25) Include total landscape area in square feet and a percentage of overall site for verification with meeting City minimums typically 10- 15% based on similar projects. 26) DG or decorative cobble areas shall cover no more than 50% of the total landscape area and must be compatible with the adjacent area use.
27) Note and identify all fence and wall treatments including color examples of materials as used throughout the project site.
28) A weather - based smart irrigation controller shall be installed that measures evapo- transpiration.

A rain shut off device shall be installed free of overhead obstruction and connected with the irrigation controller in addition to a master valve, flow sensor and separate Landscape water meter are required.
29) Irrigation systems within landscape maintenance district easements which may or may not be maintained by the City shall be designed for easy isolation from on -site private irrigation systems in the event the City assumes maintenance of the irrigation and landscaping within the landscape maintenance district. Applicant shall design irrigation with the inclusion of required separations per the Shell LIVID or actual LIVID area per City Engineering Departments direction City Standard Detail # 401a).
221
CITY OF HIGHLAND PRELIMINARY LANDSCAPE REVIEW — DRA 24- 003 April 10, 2024 30) A copy of the soil management plan and fertility recommendations specified using organic fertilizers and soil amendments shall be included on the first submittal of the landscape construction plans unless extensive grading is anticipated. In that case the landscape contractor shall provide the soil fertility recommendations and soil management plan prior to the pre -job meeting on site.
31) Applicant shall provide a concrete mow curb or other form of separation deemed acceptable by the City at property boundaries to clearly identify where landscape maintenance responsibilities end.
32) The City Landscape Architect shall meet with the job site superintendent and the landscape contractor for a pre -job meeting. Copies of required landscape submittals shall be presented for approval including soil test results per the soil management plan. The overall inspection schedule shall be reviewed, and all procedures shall be reviewed. No landscaping shall occur prior to the meeting.
33) Prior to the request for final inspection the Applicant shall have completed the installation of all landscape items, passed all construction sequence inspections in addition to having a completed 3rd party water audit with report, as built documents, controller charts submitted and approved prior by the City Landscape Architect. Failure to do so will result in delays for final inspection and or sign -off.
34) No light fixture, electric transformer, fire detector check, fire hydrant, or other utilities shall be designed for any location in a planting area, which would make it necessary to eliminate a tree or masses of shrubs. All overhead light fixtures and utilities shall be identified on the grading and site plans. Utilities shall be screened appropriately with landscaping. Any trees that are determined to be in conflict through the design development process shall be relocated to keep the same quantities shown on the approved entitlement plan, this shall include adjusting, adding, and revising or creating additional planting areas to support the total required number.

We look forward to discussing these items with you in further detail. Please feel free to contact us at 951) 369- 0700 with any questions.

Respectfully,
Dan Burkhart ASLA
City Landscape Plan Reviewer/ Inspector
Landscape Architect CA# 6092
Certified Arborist WE- 11637A
For:

ScotTLandsArchitect ED AP, CASp
City
Landscape Architect CA # 5111
Consultants to the City of Highland via Community Works Design Group 222
ATTACHMENT 9
Resolution to Approve Tentative Tract Map No. 20693 ( TTM 24- 001) 223
RESOLUTION NO. 2024-

A RESOLUTION OF THE HIGHLAND CITY COUNCIL APPROVING TENTATIVE TRACT MAP NO. 20693 ( TTM 24- 001) TO SUBDIVIDE THREE ( 3) PARCELS INTO SEVENTY- NINE ( 79) SINGLE- FAMILY PARCELS IN ASSOCIATION WITH CONDITIONAL USE PERMIT ( CUP 23- 010), DESIGN REVIEW APPLICATION ( DRA 24- 003), GENERAL PLAN AMENDMENT ( GPA 24- 001), AND ZONE CHANGE ( ZC 24- 001) TO DEVELOP 79- UNIT SMALL LOT SINGLE- FAMILY LOTS WITH COMMON

AREAS LOCATED ON THE WEST SIDE OF CENTRAL AVENUE, APPROXIMATELY 400 FEET SOUTH OF BASE LINE ( ASSESSOR PARCEL NUMBERS 1192- 341- 11, 1192- 361- 45, and 1192- 361- 47).

APPLICANT: DSMG Investments, LLC, Anacapa DG
A. RECITALS

1. On March 18, 2024, the Applicant submitted an application for Tentative Tract Map No. 20693 ( TTM 24- 001) to subdivide three ( 3) parcels into seventy-nine ( 79) parcels associated with the development of a singlefamily, small lot subdivision with common areas located on the west side of Central Avenue, approximately 400 feet south of Base Line. Related entitlements include General Plan Amendment ( GPA 24- 001) and Zone Change ( ZC 24- 001) to change the land use and zoning designation from Low Density ( LD) Residential/ Single- Family ( R- 1) to Planned Development PD), Conditional Use Permit ( CUP 23- 010) for the development consisting of 79 single- family lots, Design Review Application ( DRA 24- 003) for a site plan, building elevations, conceptual landscape plan, grading plan. The aforementioned entitlements are referred to collectively as "the Project"

2. The proposed project is contingent upon the approval of General Plan Amendment ( GPA 24- 001) and Zone Change ( ZC 24- 001) to change the land use and zoning designations from Low Density ( LD) Residential/Single-Family ( R- 1) Residential to Planned Development ( PD) and the approval of Conditional Use Permit ( CUP 23-010), approving the Planned Development ( PD).

3. Pursuant to the provision of the California Environmental Quality Act CEQA) and State and Local CEQA Guidelines, the City of Highland is the Lead Agency, and is charged with the responsibility of deciding whether to approve the proposed project. An Initial Study and Mitigated Negative Declaration were prepared and circulated in accordance with state and local law to be considered by the City Council at the October 8, 2024 public hearing.

4. On August 20, 2024, the Planning Commission of the City of Highland, conducted a Public Hearing on the Project, concluded the Hearing on that date, and adopted Resolution No. 24- 021, recommending the City Council approve Tentative Tract Map No. 20693 ( TTM 24- 001) subject to the Conditions of Approval and Findings of Fact.
224

5. On October 8, 2024, the Highland City Council conducted a Public Hearing on the Project and concluded the Hearing on that date.

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

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

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

2. The Highland City Council after due consideration, inspection, investigation and study made by itself and on its behalf, and after due consideration of all evidence and reports offered at said hearing, including the staff report to the Highland City Council dated October 8, 2024, and which is incorporated herein by this reference, does find and determine the following facts:
a. All necessary public meetings and opportunities for public testimony and comment have been conducted in compliance with State Law and the Municipal Code of the City of Highland.

3. Tentative Tract Map No. 20693 ( TTM 24- 001) proposes to subdivide 3 lot into 79 lots with common areas on approximately 8. 31 acres.

4. A duly noticed public hearing was held by the Highland City Council on October 8, 2024, in the City Hall Council Chambers and notice of the time, date, place and purpose of the aforesaid hearing was given as required by applicable law. At the public hearing, the Highland City Council took testimony, both written and oral, from various parties, including the Applicant.

5. Tentative Tract Map No. 20693 ( TTM 24- 001) complies with the provisions of Chapter 16. 68 Land Divisions of the Highland Municipal Code.

6. Tentative Tract Map No. 20693 ( TTM 24- 001) complies with the Subdivision Map Act, Sections 66410-66499.58 of the Government Code of the State of California.

7. Environmental Review - CEQA Compliance
An Initial Study was prepared for the Project and potential impacts to air quality, biological resources, tribal/ cultural resources, geology and soils, paleontological resources, hazards and hazardous materials, transportation, tribal cultural resources, and noise were identified. Project specific mitigation measures have been included to reduce said impacts to below a level of significance and the list of measures have been included in the Mitigation Monitoring and Reporting Program ( MMRP). 225
A Notice of Intent to Adopt a Mitigated Negative Declaration ( MND) was circulated through the California State Clearinghouse and made available for public comment between July 9, 2024 and August 7, 2024. The Notice was mailed to surrounding property owners within 300 feet as well as interested agencies and parties at their request. The Notice was also posted on the City's website, outside City Hall, the Sam J. Racadio Library and Environmental Learning Center, and Fire Station # 1. The Notice was also published in the San Bernardino Sun, a newspaper of general circulation.

Based upon the Findings of the Initial Study and adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, the Project will not have a significant impact upon the environment.

Concurrently with this Resolution, the City Council is adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for this Project.

8. Findings of Fact for Tentative Tract Map No. 20693 ( TTM 24- 001):

Based on the Findings below, the Highland City Council does hereby find:
a. That the proposed map is consistent with applicable General and Specific Plans as specified in Section 65451.

Response: The Tentative Tract Map 20693 as designed and conditioned is consistent with the Highland General Plan. The Project will ensure that the new development will be " designed in a manner that preserves the quality of life in existing neighborhoods" as described in General Plan Goal 2. 2, Policy 3. The development will be complimentary in density to the adjacent single family and multifamily uses. It will have aesthetically pleasing landscape buffers along its frontage, decorative block walls and wrought iron gate, limiting the development' s entry to and from Central Avenue and not disrupting existing traffic patterns. The Project meets the policies established for Goal 2. 3, to " Provide a variety of urban, suburban and rural housing opportunities that are adequate to meet the City' s share of regional housing needs." Specifically, the Project meets Policies 3- 7, by maintaining residential areas that provide for suburban lifestyles including ownership of single- family housing. It has appropriate amenities including shared active and passive open space encouraging community cohesiveness. It utilizes the Planned Development ( PD) designation through the Conditional Use Permit process, allowing innovative design and land use. The Project exemplifies Goal 2. 6 to, " Maintain an organized pattern of land use that minimizes conflicts between adjacent land uses." The site is a good balance between the existing low density single- family developments to the west and south and the multi -family developments and zoned vacant parcels to the east.
b. That the design or improvement of the proposed subdivision is consistent with applicable General and Specific Plans.
226
Response: The proposed design and improvements shown are consistent with the General Plan and the Specific Plan. The project is consistent with the General Plan Land Use Element in that it furthers the City' s efforts to plan for the future growth, helps to maintain a mix of urban and suburban character, creates places for people to live and recreate, enhances the existing neighborhoods while providing ne housing opportunities and ensures land use compatibility. The project is consistent with General Plan Goal 2. 3 Providing New Housing Opportunities Policy No. 1 to " provide a broad range of, and encourage innovation in, housing types that incorporate high quality design and construction", Policy No. 4 " ensure that new residential developments provide appropriate community amenities, including common open space and recreation areas", and Policy No. 7 " require that Planned Development project provide a greater level of community amenities and cohesiveness, achieved superior design and create a more desirable living environment than could be achieved through conventional subdivision design and requirements." The project is consistent with the Housing element in that it increases the number of units permitted at this site and there is no " Net Loss", consistent with program 24 and while it will result in the loss on one unit, it will result in 79 new units, compliant with the Circulation Element as it will fully improve Central Avenue along its frontage and add a decorative landscape parkway and will also underground existing electrical lines.

The Planned Development ( PD) is residential in nature, in keeping with the surrounding neighborhood and through the Conditional Use Permit process has adopted appropriate development standards and site amenities. Lawful Conditions of Approval have been applied to the map to ensure compliance with General Plan, Specific Plan and Development Code provisions. The development is a gated small -lot single family development with enhanced landscaping, shared recreation facilities including turf play areas, shaded play structures for various ages, barbeques and passive open space. The community will have a cohesive architecture, private roads and pleasing community design thus achieving consistency with the Planned Development ( PD) designation.
c. That the site is physically suitable for the type of development.

Response: The Project site is an urbanized area. The northern parcel currently has a single-family dwelling and the two parcels to the south are vacant surrounded on three side by residential developments and has minimal slopes. It has been subject to numerous studies that address relevant issues including geotechnical, hydrology, potential flooding, fire protection, storm water, soils and hazards. These reports address the suitability of the Project site for the type of development contemplated by Tentative Tract Map No. 20693. Based on the location 227
of the Project, the site is physically suitable for the development of this Project.
d. The site is physically suitable for the proposed density of development.

Response: This Project site will be of a suitable size to accommodate the respective residential development. The Planning Development authorizes a maximum of 79 dwelling units and supports the necessary right-of-way, water quality and recreation features. The Planned Development and the City' s Zoning Ordinance established design requirements, developmental standards, and other regulations that will accommodate development at a density that is physically suitable for the Project site, most clearly aligned with R- 2 multi -family zoning standards. e. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

Response: The Site lies in an urbanized area and has been vacant for many years. The Project is residential in nature and its impacts with respect to all CEQA categories have been considered. The potential environmental impacts were analyzed in the Initial Study / Mitigated Negative Declaration and circulated for public review as required by state and local law. Mitigation measures have been established and the project will be built and operated in compliance with environmental findings and compliance with the Mitigation Monitoring and Reporting Program ( MMRP).
f. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems.

Response: The proposed Project has been reviewed and conditioned by the City' s Engineering, Building and Safety, Planning Divisions and Fire Department so that the design of the subdivision or the types of improvements will not cause serious public health problems. 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. In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.
228
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 Central Avenue.

The proposed design of the subdivision is conditioned so as not to conflict with any easements of record or judgement of court.

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

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

11. Based on the Findings and Conclusions set forth above, the Highland City Council approves Tentative Tract Map No. 20693 ( TTM 24- 001) to subdividing three ( 3) to seventy- nine ( 79) for this 79 single- family community with common areas development, subject to the Conditions of Approval attached hereto and incorporated by reference:

Exhibit 1 includes Tentative Tract Map No. 20693
Exhibit 2 includes Conditions of Approval for TTM 24- 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.

PASSED, APPROVED, AND ADOPTED this 8t" day of October, 2024 Penny Lilburn, Mayor
ATTEST:

Alondra Munoz
City Clerk
APPROVED AS TO FORM:

Maricela E. Marroquin
City Attorney
229
ATTACHMENT 10
Draft PC Minutes of August 20, 2024
230
Planning Commission Regular Meeting
August 20, 2024
Agenda Item No. 4
Conditional Use Permit ( CUP 23-010) for the development of a 79- unit small lot single family community: Design Review Application ( DRA 24- 003) for the related Site Plan, Building Elevations Landscaping and Grading Plan: General Plan Amendment ( GPA 24- 001) and Zone Change ( ZC 24- 001) from Low Density/ Single- Family Residential ( LD/ R7 1) to Planned Development ( PD) and Tentative Tract Map No. 20693 ( TTM 24- 001) to subdivide of 3 parcels into 79 single family lots and common areas. ( Location: 7394 Central Avenue) ( Owner: Coffee Family Trust)
Assistant Planner Martinez presented the staff report,
Assistant Community Development Director Stater stated I have three additional clarifying items for you based on what you have seen in front of you. Design Review Application DRA 24- 003) is a single page during duplication of the agenda. We omitted one of the pages of engineering conditions, so it is between page 181 and 182, engineering conditions 25- 30. There is a discussion about how there is not a lot of detailing on the park amenities, staff had recommended that come back to you at a future date, however the Applicant would prefer to have a concept approved at this level. In front of you is an 11x17 color plan.

Commissioner Miller stated there is a looks like an existing storm drain system that runs along the boundary of the project. The existing site looks to discharge to some combination alleyway road and drains west. Do we do we know if that existing string drain system is capable of handling the additional flows being introduced at this location? Assistant Public Works Director Bennett stated that storm drain that goes westerly on Crest Street does pick up Central Avenue and the east side of Central Avenue from housing development Jeffrey Court. There is a catch basin on both sides, but it was anticipated designed storm drain system for the drainage easterly to west, and south at Central Avenue.

Commissioner Miller stated it looks like we will probably be introducing flow a little bit earlier to that storm drain. As a part of the process of the drainage report, would the city be requesting analysis of that existing line to verify capacity? Assistant Public Works Director Bennett stated we have had the study completed.

Chair Hamerly stated in the staff report condition No. 14 addressed the recreational facility and it has to do with California Public Resources Code. Is there another condition that addressed that facility? It was on page 176.

Assistant Community Development Director Stater stated it is on page 175, staff removed some conditions that messed up the numbering.

Applicant' s Representative Peter Carlson stated I am representing the applicant team, DMSG. I am happy to be here and present this project to you. We put together slides just 231
to show you this park area that we had worked on and thought that might be helpful for you in your consideration of the project. We been working with staff on the design of the park and staff had had requested an amenity package and we had talked about whether that was a half -court basketball or a tot lot. We drew this concept plan with a combination of open turf as well as tot lot for two different age groups. There is still a shade structure for seating and barbecue and the tot lot would have shade over them. There is a gazebo kind of a shade structure over the play equipment allowing for greater use of the play equipment especially when it gets hot and during the summer months. There are a couple conditions that I think we have resolved completely. One of them was the was coming back to the Planning Commission on the on the park area. The other conditions had to do with some engineering issues. That referenced ten additional feet along Central Avenue and I think we had talked about that being actually part of the right of way. Our plans show a curb adjacent sidewalk as opposed to a meandering sidewalk. There is a condition that talks about a meandering sidewalk along Central Avenue and our recommendation would be a curb adjacent sidewalk with about four and -a half feet of landscaping within the right of way. Otherwise, we accept all of the conditions and look forward bringing this project to City of Highland. There are two conditions, one is No. 33 on page 182 and condition No. 14 which is on page 180. Condition No. 14 references a 6 foot meandering sidewalk and condition No. 33 stated a 10 foot wide- minimum landscape easement across Central Avenue frontage in addition to the required street right of way. We are dedicating additional right of way and improving the half section of Central Avenue which is currently not improved. I think what the concept is that we have we have 11 feet between face of curb and the edge right of way, and that area that would include the sidewalk as well as landscaping.

Chair Hamerly stated condition No. 33 is 10. 5 half feet from back of curb to the face of the development wall, which is also the rear yard wall.

Applicant' s Representative Peter Carlson stated correct.

Chair Hamerly stated maybe you can answer item 34 references the required off site property interests.. Are you aware of what those are?
Applicant' s Representative Peter Carlson stated there are no offsite acquisitions, which is necessary.

Chair Hamerly stated I did not see any, that is why I am asking you.

Applicant' s Representative Peter Carlson stated I was not too worried about that condition where we are all self- contained. We do have the secondary access that is off of Central Avenue, however there is no off site acquisition that is required. Regarding the drainage question with the basin, basically the way the system' s been designed is that drain that goes into Crest Street is part of the master plan of drainage through San Bernardino County. We looked at the planned queues going into that drainage system, our detention basin detains run off from the developed condition to match the design cues going into that system that was in the master plan. We had very good infiltration rates in the basin, and we are satisfying our water quality requirements through infiltration.

Public Speaker Karen Harnick stated I am speaking for the Harnick Family Trust. We wonder what direction the City of Highland is taking, and it is high density, so I have that one right. It looks like 2/ 3 of the plans are to be 4 bedroom houses and if 2/ 3 of the houses 232
are 4 bedrooms, which is 52 houses with two people in each bedroom that is possibility of nine people in each house. So, 9 x 52 is 468 people, plus the other third of the plans being 3 bedroom, would be 27 houses with the possibility of seven people in each house. 7 x 27 is 189 people, plus the 468 means possibility of 657 people living there. Possibly. How many of these people will be drivers and needing to go to work, school or somewhere at the same time every morning and all returning home at the same time about every evening. Even if you cut that in half, the rest of your children are not of driving age yet.

That is possibly over 300 cars trying to get in and out twice a day at about the same time.

All this traffic will pour out through one entrance and exit onto Central Avenue creating everyday congestion like we have never known. It looks like there might be a possibility of another entry and exit on the west side of the Coffee Trust Property, which is Bruce Street, and it does dead end to the back of the Coffee Trust Property. There is a possibility of losing two of the proposed houses to open up Bruce Street to a second entrance and exit.

This could help relieve the congestion and Bruce Street leads over to the Cunningham Park. The proposed emergency exit also enters onto Central Avenue, the same street that is already overcrowded. There are other possible emergency exits, but they exit onto private property. You can' t have an emergency exit there, although the road does end there of the newly the proposed properties. There is no emergency exit off Crest Street. I am looking at the legend on the first diagram in the staff report, not the new diagram that was provided for tonight, 3/4 of an inch and is 60 feet. I guessed that the proposed park in this proposal will be something like 60 x 60 feet. Is that a big enough area to entertain all the kids or adults? What does the proposed development add to this community other than money, high density housing, high density population, and congestion. I think that this proposal will overburden our community, and I think too value our property. We as a family do not want any part of high density housing, this is where our families have grown up. From six houses to 9. 5 houses per acre is a huge increase and it is just too big of a stretch. Also, there are nine extra parking places for the Junior Accessory Dwelling Units JADUs) and that is not a lot. I think that what it is going to cause is a lot of visitors and family members who are visiting the new homes are going to be parking out on Central Avenue and when you pull out, you will not be able to see because all the cars will be parking out there. So, I it is going to cause a lot of street parking. I hope I am wrong, but you for listening to me tonight.

Public Speaker stated I am Mark, and this is my dad, Ron. We live on Central Avenue, right next door to the property that they want to build the houses on. My dad' s concern is safeness. He has equipment and backyard. We were all kids at one time. You see equipment you are going to climb the fence; you are going to go back there. Also, privacy.

He has been there for 51_ years; he has had that empty field next to him. Now they are going to put two- story houses, right? We are concerned the wall not being high enough for privacy. there. He has been there for 51 years and have had no problems. There' s cars constantly in the street parking there, we get 50 cars and where my dad' s property is, the sidewalk ends right at his property. The fence next door comes out about 8 feet. There is going to be more cars, more traffic, so if they can do something where you cannot park on Central Avenue. People are driving 70 miles an hour down Central Avenue, they need to put some speed bumps or something. I know they cannot for like the fire trucks, but it is crazy on that street. I moved in there when I was 13 years old. I have seen a lot of changes because of the traffic. There is a fence that sticks out by my dad' s property, and you cannot see cars coming. When we pull out of my dad' s driveway, we creep out looking north because the you can' t see. They need to do something about the traffic on that street and like she said there is going to be more traffic. There are going to be two- story houses right here and they are going to look right into his living room window. He sits in his chair 233
because he has had a stroke, and he will not be able to see the mountains through his window. This is going to block his view. If we can get higher walls or trees and make it nice. It would help if there is another entrance or exit somewhere else, maybe on the backside that would help. He can see the casino from his backyard, all of that is going to be taken away from him. Thank you for listening.

Chair Hamerly asked the commissioners if they were in favor to continue the public hearing to another date or continue the meeting tonight.

Applicant' s Representative Peter Carlson Mr. Chair, members of the Commission, we have all been here since 6: 00 p. m. this evening. We have been very patient and with all due respect, the prior applicant was not as prepared as they should have been. It became more of a workshop than actually a public hearing. l do not think it is fair for us to receive the burden and the punishment of the prior applicant' s inability to have architecture prepared for you and to change plans right at the last minute. We have worked very diligently to be prepared. We would like to continue through this public hearing so that we can move on to the City Council
Planning Commissioners voted to continue the meeting.

Commissioner Miller asked if there was a traffic study on those developed to support the change?
Applicant' s Representative Peter Carlson stated yes, there was a traffic analysis that was conducted. The traffic study is done based on the Institute of Traffic Engineers, which they conducted a trip generation rate per dwelling unit. This was done based off the latest 11 th edition. It is 9: 73 average daily trips per dwelling unit and multiply that by the 79 dwelling units, and that is the number of trips that are being generated by the proposed project.

The traffic study looked at both the AM and PM peak hours. There are 55 trips in the morning, and 74 trips in the evening. Central Avenue and Base Line it is currently B in the morning and B in the PM. It stays as B in the morning, and it goes to C in the PM.

Assistant Community Development Director Stater stated this is on page 151.

Commissioner Miller asked was there any consideration given to adding an access point on Bruce Street?
Applicant' s Representative Peter Carlson stated we looked at that initially and we had conversations ` with staff. ;This is a gated community and having a second entry gate is problematic from operation of the gates as well as turn around. We saw Bruce Street as being an exit only gate. The concern is that at the end of Bruce Street often times cars parked there and can block the gate. Staff really encouraged us to keep access off of Central Avenue and not create a condition where that gate could be blocked by somebody parking.

Chair Hamerly stated regarding the General Plan Amendment and Zone Change, on page

20. This stated proposed use would not impair the integrity or character of the district in which is to be established or located. In the response it assumed the fact that we are changing to Planned Development ( PD), which does not address the established 234
character of the neighborhood. What is the justification for the increased density? The Planned Development is the issue. We are changing from a Residential 1 ( R1) to a PD.

Assistant Community Development Director Stater asked are you referring to B in the General Plan or B in the Conditional Use Permit ( CUP)? What page? Chair Hamerly stated page 20 item B.

Assistant Community Development Director Stater stated page 20 B are the findings for the CUP. The resolution will be broken down into a number of resolutions that the City Council will consider as well as the ordinance for the Zone Change. It has to go in order and the environmental has to go first.

Chair Hamerly stated I did not see real rationale, if we are asking for a 55% increase, which is achievable solely because of the PD, what are we getting? It references some vague standards like superior design and amenities. Amenities could be anything but what are we getting for that sense of community that allows for increased density? These are all two- story residences within the neighborhood that is predominantly a single story neighborhood and that is when we start talking about context and neighborhood character.

Assistant Community Development Director Stater stated we can build on these findings and improve those before they go to City Council
Chair Hamerly stated the Homeowner Association ( HOA) does a lot towards improving the overall character and quality of the community. This project is a lot of density with minimal benefit. The park is 60 x 60 and for 79 homes, which is pushing maximum density.

Chair Hamerly'' stated I know we have different floor plans, and we have mirror image orientations, but along each respective segment of the street, all the driveways and plans are repetitive. The interval of the Lot width, there is a driveway, a tree, and a pop out. Since the lots are so tight, if some were reversed or flipped it allows the driveways to be separated and it gives the apparent distance between front doors.

Applicant' s Representative Peter Carlson stated we have talked about doing is taking some of those and reversing them, so the driveways are next to each other and there is a larger opening between the next set of driveways.

Chair Hamerly stated the elevation details are expended on the front facade and very little wraps around the side., ' n those instances, such as the two parcels that flank the main entry gate and the four parcels that are adjacent to the community park, if we could consider two or three sided architecture and have the front facade elements wrap around the side.

Chair Hamerly asked do they have fences here? ( Pointing to the PowerPoint) Applicant' s Representative Peter Carlson asked do you have the fence plan that has the color pallet? it is hard to read without the color, but there are fences along here. ( Pointing to the PowerPoint)
235
Chair Hamerly stated I completely missed that, I was reading it as side yard, community landscaping that was parkway for the street. Where is the fence? Applicant' s Representative Peter Carlson pointed to the PowerPoint.

Chair Hamerly stated I was reading that the yard was separated, and the fence spanned between all those houses.

Applicant' s Representative Peter Carlson stated there is no fence, you are right.

Chair Hamerly stated the feature trees (Holly Oak) at the most prominent areas in the site, I have nothing against it, they are beautiful trees. The only concern is, it has 24 inch box and those are pretty slow growing trees. I recommend particularly at the main entry if we increase the size of that.

Applicant' s Representative Peter Carlson stated yes. The irony is the smaller container size will make the plant grow faster.

Chair Hamerly stated I have a comment on the elevation, the Prairie style house, the eaves, and roof slopes are very consistent and one of the defining features of prairie style is broad eaves and very shallow hips. Would you consider flattening that roof out, and extending the eaves so it reads more as Prairie?
Representative' s Architect Jeff Addison stated one of the challenges that we have the narrower homes like this is the forced air unit that is up in the attic. We have that challenge when you start shallowing up the roof pitch a little bit more, we can certainly look at it.

Vice Chair Thomas stated regarding the color palettes on page 247, 1 did not care for the colors on the Prairie style homes.

Chair Hamerly stated the brickand roof look similar toeach other. Representative' sArchitect Jeff Addison stated we could look at those materials and make sure the brick and roof colors are different. Chair
Hamerly asked what types of equipment areyou thinking forthe tot lots? Applicant' sRepresentative Peter Carlson stated there are different play equipment for different age groups. We are going to go through with those additional designs, work with staff, and make sure itis age appropriate. There are a combinationf climbing equipment, slides, and swings that helps differentiate someofthe older kids from some ofthe younger kids.

Vice
Chair Thomas stated I am finishing aproject right now at my job and itis a playground that is for all abilities children, so including some accessible features for those that have disabilities as well. Maybe itis something that you could consider. Applicant' s Representative Peter Carlson stated absolutely. Vice
Chair Thomas asked were you planning to use rubberized surface on the playground? 236
Applicant' s Representative Peter Carlson yes, the rubberized surface does get integrated and other surfaces surrounding that.

Chair Hamerly stated regarding the Conditions of Approval, we are reviewing the community amenity, and we are striking condition No. 12, is that correct? Assistant Community Development Director Stater stated yes.

Chair Hamerly stated on Engineering Condition of Approval No. 14, we had a discussion on the previous application, however this mentions the six foot wide, meandering sidewalk.

The applicant stated they proposed a 4. 5 foot wide sidewalk within the right of way. What is the standard for the sidewalk that is presently on Central Avenue? Assistant Public Works Director Bennett stated the curb adjacent sidewalk would be six foot wide and a meandering would be a 5-foot wide.

Chair Hamerly asked does the Engineering department concur with the 4. 5 foot recommendation that the applicant had suggested?
Assistant Public Works Director Bennett stated 6 foot curb adjacent sidewalk, 4. 5 foot for landscaping.

Chair Hamerly stated if it is six foot curb adjacent then it would no longer be meandering, is that correct?
Assistant Public Works Director Bennett stated that is correct.

Chair Hamerly stated ok we will strike meandering in condition No. 14.

Chair Hamerly stated Condition of Approval No. 33 would be modified.

Assistant Public Works Director Bennett stated yes, this would be modified and as approved by City Engineers, so we are probably going to see that planning looks at it and does not need the 10`foot landscape easement back of right of way.

Chair Hamerly asked any additional comments on this item? Conditions of Approval No. 4 and 5 as modified.

Assistant Community Development Director Stater stated just for clarification, it is best to drop that into the beginning of the recommendation because the Planning Commission only has one resolution. Staff is recommending the Planning Commission adopt the resolution recommending the City Council take the actions one through six and at the end you would state conditions as modified. I will note that on page 16 it is before General Plan Amendment, and it needs to strike City Council and change that to Planning Commission. On page 18 No. 5 zone change, change from City Council to Planning Commission. On page 22 1 am going to strike LIVID and replace that with funding mechanism acceptable to the city.

Community Development Director Mainez stated rule of order, generally the Chair does not make the motion.
237
Chair Hamerly closed the public hearing.

A MOTION was made by Chair Hamerly and seconded by Vice Chair Thomas to adopt Resolution No. 2024 - 021, recommending the City Council items one through six as modified.

1. Adopt a resolution approving Mitigated Negative
Declaration ( ENV 24-002) and direct Staff to File and Notice of Determination with San Bernardino County Clerk of the Board of Supervisors;

2. Adopt a resolution approving General Plan Amendment
GPA 24- 001) to change the land use designation of the site from Low Density (LD) Residential to Planned Development PD);

3. Introduce an ordinance approving Zone Change ( ZC 24- 001) to change the zoning designation of the site from
Single -Family ( R- 1) Residential to Planned Development PD);

4. Adopt a resolution approving Conditional Use Permit ( CUP 23- 010) for a 79- unit single family development and related improvements, subject to the Conditions of Approval and Findings of Fact;
5, Adopt a resolution approving Design Review Application DRA 24- 003) for the Site Plan, Building Elevations,
Conceptual Grading Plan, and Conceptual Landscape Plan
for the residential development, subject to the Conditions of Approval and Findings of Fact; and

6. Adopt a resolution approving Tentative Tract Map No. 20693 ( TTM- 24- 001) for the subdivision of three ( 3) parcels into 79 single-family lots and common area, subject to
Conditions of
Approval and Findings of Fact. Motion carried, 5- 0.

RESOLUTION NO. 2024 - 021

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

HIGHLAND, CALIFORNIA, RECOMMENDING THE CITY COUNCIL
APPROVE CONDITIONAL USE PERMIT ( CUP 23-010) TO ALLOW THE DEVELOPMENT OF A 79- UNIT SMALL LOT SINGLE- FAMILY

COMMUNITY AND RELATED ENTITLEMENTS INCLUDING GENERAL
PLAN AMENDMENT ( GPA 24- 001) TO CHANGE THE LAND USE

DESIGNATION FROM LOW DENSITY ( LD) RESIDENTIAL TO PLANNED DEVELOPMENT ( PD), ZONE CHANGE ( ZC 24- 001) TO CHANGE THE ZONE DISTRICT FROM SINGLE- FAMILY ( R- 1) RESIDENTIAL TO

PLANNED DEVELOPMENT ( PD), DESIGN REVIEW APPLICATION ( DRA 238
24- 003) FOR THE RELATED SITE PLAN, BUILDING ELEVATIONS, LANDSCAPING AND GRADING PLAN, TENTATIVE TRACT MAP NO.
20693 ( TTM 24- 001) TO SUBDIVIDE OF 3 PARCELS INTO 79 SINGLEFAMILY LOTS AND COMMON AREAS, AND ADOPT A MITIGATED NEGATIVE DECLARATION ON A 8. 3 ACRE SITE LOCATED ON THE WEST SIDE OF CENTRAL AVENUE, APPROXIMATELY 400 FEET SOUTH OF BASE LINE ( APNS 1192- 341- 11, 1192- 361- 45, AND 1192- 361- 47). 239
ATTACHMENT 11
PC Directives
240
Directives from Planning Commission on 8/ 20/ 24 Public Hearing General Site / Plot Plan

1. Revise the plotting to reverse a substantial number of lots, promoting a variety of setbacks and mass the landscaping.

Building Elevations

2. Wrap around architectural treatments from the front elevations to the side elevations where they meet the fence line, especially near the project entry and the park.

3. Color Palette
a. Better differentiate the roof and brick for elevation Prairie 3C. b. Craftsman add " pop"/ contrast to the color scheme (deep jewel tones and earth tones).

4. Spanish- bring detailing around to front (trim, grid, and shutters).

5. Prairie- lower roof and extend eve ( suggested roof slope 3'/ 2: 12).

Landscape Plans

6. Upsize the Holly Oak at project entry from 24" box.
241

EXHIBIT A
TTM Plans & Conditions of Approval
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PLANNING COMMISSION

CONDITIONS OF APPROVAL
Date: August 20, 2024
Applicant: DSMG Investments, LLC, Anacapa DG
File/ Index: Tentative Tract Map No. 20693 / TTM- 24- 001 Proposal: Subdivision of three parcels to create a 79- unit small lot single-family subdivision with private roads, common recreation areas and landscape maintenance.

Location: 3 parcels at approximately 8. 31 acres in area, located 7394 Central Ave Assessor' s Parcel Numbers 1192- 341- 11, 1192- 361- 45, and 47 Related Entitlements: Conditional Use Permit CUP 23- 010 & Design Review Application DRA 24-003, General Plan Amendment ( GPA 24-001), Zone Change ( ZC 24- 001)
PLANNING DIVISION — CONDITIONS OF APPROVAL
Note: These conditions represent Planning Conditions and are meant to be one part of overall conditions that may include, but are not limited to, Engineering, Fire Department, Public Services 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 unless otherwise stated herein.

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.

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 application have occurred within thirty- six 36) months from the approval date of this tentative tract map application, this tentative tract map application shall expire and be null and void without further action by the City of Highland.
b. Where circumstances beyond the control of the Applicant cause delays which do not permit compliance within the time limitation established in this Section, the Planning Commission may grant an extension of time for a period of time not to exceed an additional thirty- six ( 36) months. An application for an extension of time must be set forth in writing, stating the reasons for the extension, and must be filed with the Planning Division a minimum of thirty ( 30) calendar days prior to the expiration of the tentative tract map. Such application shall be filed together with the City's processing fee, as established by the City Council.
246

2. The subject property shall be developed in accordance with the plans approved by the Planning Commission on August 20, 2024 on file with the City of Highland Planning Division, and shall be in compliance with all conditions of approval contained herein and as defined on the Tentative Tract Map 20693 incorporated herein by reference.

3. Revisions, modifications, and/ or deletions to the approved plans shall be submitted to the Planning Division for review and approval. Revisions, modifications and/ or deletions may require additional review by the Planning Commission.

4. Indemnity, Duty to Defend and Obligation to Pay Judgments and Defense Costs, Including Attorneys' Fees, Incurred by the City. The Applicant shall defend, indemnify, and hold harmless the City, its elected officials, officers, employees, volunteers, agents, and those City agents serving as independent contractors in the role of City officials ( collectively " Indemnitees") from and against any claims, damages, actions, causes of actions, lawsuits, suits, proceedings, losses, judgments, costs, and expenses ( including, without limitation, attorneys' fees or court costs) in any manner arising out of or incident to the Planning Commission' s actions, the City Council' s actions, related entitlements, or the City's environmental review thereof. The Applicant shall pay and satisfy any judgment, award or decree that may be rendered against City or the other Indemnitees in any such suit, action, or other legal proceeding. The City shall promptly notify the Applicant of any claim, action, or proceeding and the City shall reasonably cooperate in the defense. If the City fails to promptly notify the Applicant of any claim, action, or proceeding, or if the City fails to reasonably cooperate in the defense, the Applicant shall not thereafter be responsible to defend, indemnify, or hold harmless the City or the Indemnitees. The City shall have the right to select counsel of its choice. The Applicant shall reimburse the City, and the other Indemnitees, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Nothing in this condition shall be construed to require the Applicant to indemnify Indemnitees for any claim arising from the sole negligence or willful misconduct of the Indemnitees. In the event such a legal action is filed challenging the City' s determinations herein or the issuance of the approval, the City shall estimate its expenses for the litigation. The Applicant shall deposit said amount with the City within thirty days of being notified of the estimate cost or, at the discretion of the City, enter into an agreement with the City to pay such expenses as they become due.

5. The applicant and recorded owner of the property shall submit to the Planning Division written evidence of agreement with all conditions of this approval before the approval becomes effective. Plan check cannot begin prior to receipt of this signed documentation.

6. 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 247
valid and enforceable.

7. Prior to the start of operations ( i. e. construction), the developer shall obtain any necessary permits. The developer shall arrange for a final inspection by representatives of the Planning Division, Building Division, Engineering Division, and Fire Department prior to the start of operations ( i. e., occupancy). Any discrepancy between the approved plans and the field conditions shall be remedied prior to the start of operations ( i. e., occupancy) such that the field condition is consistent with the approved plans. If the field condition cannot be reconfigured to match the approved plans, the Community Development Director shall consider any requested deviation and may refer the matter to the Planning Commission for review and consideration.

8. The approval of this project is subject to, and contingent upon, the developer completing all subdivision improvements necessary to support future construction of single-family residences on Lots 1 through 79 and water quality basin prior to the sale of any individual lot or lots. Necessary subdivision improvements shall include, but not be limited to, design and construction of street, parkway, sidewalk, disabled ramping, driveway approach improvements, 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, landscaping in areas designated to be within a landscape maintenance districts and open space.

9. No further subdivision of any lot shall be permitted.

10. 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.

Declaration of Conditions, Covenants and Restrictions

11. Prior to recordation of the final map, all organizational documents for the project, including Conditions, Covenants and Restrictions ( CC& R' s) shall be submitted and approved by the Planning Division. The approved CC& R' s shall be recorded concurrently with the recordation of the final map and a copy of the recorded documents shall be submitted to the Planning Division within five ( 5) days after recordation. This document shall include, but not be limited to, 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 on Lots 1 through 79 and establishing minimum design guidelines to ensure compatible development; and
b. Provisions alerting the buyers of any applicable assessment districts. 248

12. Prior to recordation of the final map, the Applicant/ Owner shall submit to the Planning Division for review and approval a homebuyer notification document that includes, but is not limited to, the notifications listed below and within the project' s Mitigation Monitoring and Reporting Program. The notification shall be signed by each buyer at the time of sale.
a. A notice indicating the proximity of San Bernardino International Airport.

13. Prior to the issuance of building permits, the Owner/ Developer shall pay all applicable Development Impact Fees.

14. The Project shall comply with the City' s Inclusionary Housing Ordinance.

15. Prior to issuance of building permits, the Owner/ Developer shall provide receipts indicating payment of any applicable school fees.
249
City of Highland
Engineering Department
Conditions of Approval
DRA 24-003 TTM 20693) 7394 Central Avenue Project
A - Required Prior to Map Approval
B - Required Prior to Building Perm it/ Construction
C - Required Prior to Building Occupancy
D - Ongoing
E - Required Prior to Grading Permit
Non Standard Conditions
GRADING P. C. Approved 8- 20- 24
E 1. Design grading and landscaping plans to comply with the City's clear sight triangle criteria at public street intersections and at private driveways. Walls, fencing, monument signs, slope, and landscaping, within the clear sight triangle, must not exceed thirty inches in height measured from the flowline of the street, unless a sight distance analysis that demonstrates sight distance is adequately maintained is submitted to and approved by the City Engineer.

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

E 3. Submit rough and/or precise grading plans to the City Engineer for review and approval. Comply with the City of Highland grading standards as shown on the grading plan checklist.

E 4. Submit the structural design and location for any required retaining walls for review and approval by the City Engineer. Construct concrete v- ditches and drainage system at the back of retaining walls in accordance with the Grading Plan Checklist and as required by the City Engineer.

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

E 6. Design short- term erosion control in accordance with Best Management Practices such as, hydroseeding, mulching, jute matting or plastic sheeting to protect slopes; silt fencing to control site perimeter; and straw bale barriers, sand bag barriers, rock filters or sediment basins to control internal erosion, or other methods to stabilize disturbed areas, as approved by the City Engineer.
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D 7. Implement dust control measures during construction activities including, but not limited to, daily watering of construction area as frequently as necessary during active and inactive periods, utilizing soil emulsions, limiting construction vehicle speed to 10 miles per hour, stabilizing construction entrances to prevent trackout of sediments, and street sweeping.

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

E 9. Design grading to drain the entire area of the project to the proposed Water Quality Management Plan ( WQMP) infiltration basins and to accommodate overflows as necessary.

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

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

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

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

STREET IMPROVEMENT
C 14. Construct Central Avenue along frontage of the project at its ultimate half section width as a Collector Street, including curb and gutter (Standard 203), a minimum 6- foot wide sidewalk ( Type B Standard 208), parkway landscaping, and street lighting: as approved by the City Engineer and Community Development Director.

C 15. Design and construct public improvements including temporary fire access gate 20- foot wide ( minimum) with Knox box lock onto Central Avenue at proposed Fire access Lot F and 24 hour SCE access gate, shown on the Site Plan as approved by the City Engineer and Cal Fire.

C 16. Construct a 84- foot wide drive aisle at the left in/ left out and right in/ right out access road off Central Avenue with landscape areas shown on the Site Plan as Lots A, C, and D: as approved by the City Engineer and Community Development Director.

E 17. Submit engineering plans for street improvements and signing & striping for Central Avenue and private streets within tract to the City Engineer for review and approval.

Indicate the location of any existing utility/facility which would affect construction on 2 251
plans and profiles. Comply with the City design standards as shown on the street and storm drain improvement checklist.

C 18. Install traffic control signs and pavement markings, with locations and types approved by the City Engineer.

C 19. Design and construct public improvements including sidewalk, driveway approaches and access ramps in accordance with all requirements of the State of California Accessibility Standards, Title 24 California Administrative Code.

Redesign and reconstruct existing frontage improvements on Boulder Avenue if found not in compliance with City Standards.

C 20. Submit " Record Revisions" to all plans to reflect the improvements as constructed, and any changes made during construction.

DRAINAGE
E 21. Obtain approval by the City Engineer of a Final Water Quality Management Plan ( FWQMP), prepared in accordance with the City' s National Pollutant Discharge Elimination System ( NPDES) permit requirements in effect at the time the Conceptual Water Quality Management Plan was approved unless subsequent City NPDES permits require otherwise. The F- WQMP shall ( 1) be prepared, signed, and sealed by a licensed Civil Engineer, ( 2) include Site Design Low Impact Development and Source Control Best Management Practices ( BMPs) appropriate for residential development, ( 3) include a BMP implementation, operation, and funding mechanism, and ( 4) be certified by the property owner. The property owner shall also enter into a Stormwater BMP Transfer, Access, and Maintenance Agreement with the City on standard City form. Include a copy of the recorded agreement in the F- WQMP. Construct BMPs in accordance with the approved FWQMP.

C* 22. Construct and implement site design BMPs per project approved F- WQMP including, but not limited to, pretreatment devices approved at time of C- WQMP approval, infiltration basin, and raised curb landscaped areas. Runoff from the proposed entrance road shall be captured and conveyed to the proposed pretreatment system, and from there to the underground infiltration system.

Alternate site design BMPs which are equally effective may be submitted for review and approval by the City Engineer.

E 23. Include the project grading plan, landscape plan and utility plan with the first submittal of the F- WQMP.

C 24. Submit two sets of WQMP BMP Exhibits with a " WQMP BMP As -Built Certificate" wet signed and sealed by the Engineer of Record. The Certificate shall state:

I hereby certify that the Water Quality Management Plan Best Management Practices have been constructed under my supervision in accordance with the approved plans and are functional to the best of my knowledge." K,
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B 25. At the infiltration basin proposed by the Final WQMP, conduct at least two new infiltration tests using a double -ring infiltrometer. The tests shall be conducted at the proposed WQMP basin bottom elevation, prior to the submittal of the F- WQMP.

After obtaining the results from the two tests, the engineer and geotechnical engineer shall determine if additional testing is required.

E* 26. Construct on -site grading to drain the entire site to the southwest and to the propose WQMP basin. If entire site does not drain to the southwest, then demonstrate how drainage conveyance offsite will replicate predevelopment flow path, discharge quantity, and intensity. Demonstrate adequate drainage away from proposed buildings, walls and fences. To ensure that drainage at the perimeter wall conditions and runoff from covered parking is addressed, install concrete swales and on- stie drainage inlets when necessary. Conveyance of on -site and off -site tributary flows shall be maintained by the underlying property owner.

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

E 28. Submit engineering plans for public and private drainage systems to the City Engineer for review and approval. Indicate the location of any existing utility facility which would affect construction on plans and profiles. Comply with the City design standards as shown the street and storm drain improvement checklist.

DEDICATION/ ANNEXATION/ MAP
C* 29. Establish a maintenance funding mechanism acceptable to the City for City' s potential City maintenance of parkway and frontage landscaping along Central Avenue. The City will maintain parkway and frontage landscaping utilizing CFD revenue only if the City determines that adequate maintenance is not being provided by the property owner. The potential future amount of assessment will include the estimated on -going maintenance cost and one-time construction cost to convert the privately -maintained system to the City -maintained system.

C* 30. Establish a Homeowners Association ( HOA) and secure a commitment from the HOA via an agreement with the City and include in its By- laws and Covenants, Conditions and Restrictions ( CC& R) to maintain the private streets, private parks, the landscaping/ hardscaping/ streetscaping and lighting within the tract, medians and parkway areas at the side of the lots adjacent to the gated entry, the water quality basin, and the landscape areas in private corner lots along the street side where applicable or the enforcement of maintenance of such private slopes by the individual owner where applicable. The HOA shall also accept responsibility of the maintenance of the private drainage, sewer and water system. 0 253
C/ D* 31. Establish an agreement for the maintenance funding mechanism as approved by the City for the improvements that are to be maintained by the HOA but may be potentially maintained by the City via the maintenance funding mechanism as approved by the City, if deemed necessary by the City. Include the following improvements: the private streets, private parks, landscaping/ hardscaping/ streetscaping and lighting within the tract, and parkway areas at the side of the lots adjacent to the gated entries, the water quality BMPs, private storm drain, and the landscape areas in private corner lots along the street side where applicable or the enforcement of maintenance of such private slopes by the individual owner where applicable.

B* 32. Establish a mechanism for ownership and maintenance of open space lots per the requirements of the Community Development Director.

B* 33. Dedicate by separate instrument an irrevocable offer of dedication document, ( 1) a 10- foot wide minimum landscape easement across the Central Avenue frontage, in addition to the required street right-of-way, as approved by the City Engineer, ( 2) a temporary construction easement granting permission for the City to enter the property to construct and restore landscaping. The exact dimensions of the landscape easement will be determined at the time on -site improvement plans have been prepared and as approved by the Community Development Director and City Engineer.

E* 34. In the event the developer, after a verifiable good faith effort, fails to acquire, if any, required off -site property interests, the developer shall enter into an agreement with the City to complete the improvements pursuant to Government Code Section 66462 et seq. at such time as the City acquires the property interests required for the improvements. Such agreement shall provide for payment by developer of all costs incurred by the City to acquire the off -site property interests ( drainage easements, drainage acceptance letters, and permission to grade and construct as applicable) required in connection with the development project. Security for a portion of these costs shall be in the form of a cash deposit in the amount estimated by the City based on an appraisal report obtained by the developer, at the developer' s cost. The appraiser shall have been approved by the City prior to commencement of the appraisal.

C 35. Dedicate corner property line cutoffs on public streets in accordance with City Standards ( R= 35'), or as approved by the City Engineer.

D 36. At the time of formal development application, provide a preliminary title report for the proposed project. Project proponent needs to be able to determine if there are any existing easements on the property.

C 37. Record a reciprocal private easement for drainage, utilities, and pedestrian and vehicular access, parking purposes in favor of the parcels within proposed tract.

B 38. Record a Final Map with the San Bernardino County Recorder pursuant to the provisions of the State Subdivision Map Act. Submit a duplicate photo mylar of the map recorded with the San Bernardino County Recorder.
5 254
A 39. At the time of Final Map submittal, include traverse calculation sheets which show error of closure, copies of recorded maps and deeds used as reference and/ or showing original land division, tie notes and bench marks referenced, and a current title report. Inverse calculations will not be accepted for plan check.

B* 40. Record an easement for Public water improvements purposes in favor of the EVWD within Project' s ownership for distribution lines.

FEES/ PERMITS/ BONDS
D 41. Pay appropriate Engineering fees for district annexation, plan check, WQMP review, traffic report review, improvement bond processing, hydrology study review, structural calculation review, on -site and off -site inspection, utility excavation permits, GIS map plan update, microfilming and storage of plans, and other required fees.

D 42. Obtain a permit from Engineering prior to any on -site construction or construction within the public right-of-way and obtain permit/ permission from EVWD, MWD, and SCE prior to any construction within or impacting their easement areas or facilities.

E 43. Post a deposit for erosion control which shall not be released prior to completion of all on - site construction.

B 44. Submit Subdivision Improvement Agreement and bond for public improvements and grading bond, as directed by City Engineer and City Attorney.

UTILITIES/ CONSTRUCTION
E 45. Obtain written permission from the adjoining property owners for offsite grading and/ or construction, if any.

B 46. Install construction fencing and screening in accordance with Building and Safety Division Policy 335.

C 47. Reconstruct existing public improvements removed or damaged during construction.

Pavement repair, which may include A. C. overlay, T- cut trench repair and/ or slurry seal after removal of existing striping shall be across all or a portion of damaged pavement caused by this project as determined by the City Engineer.

C 48. Coordinate, and where necessary, pay for the relocation of any existing public utilities as necessary. Reserve by separate instrument the required easements for those relocated public utilities.

C 49. Provide all utility services to each building, including sanitary sewers, water, electric power, gas ( if required), cable TV, internet, and telephone. All utilities listed under Highland Municipal Code Section 16. 40. 380 ( A) are to be underground per Ordinance 315.

E 50. Comply with applicable requirements of the National Pollutant Discharge Elimination System NPDES) permit program. Provide written verification from the Regional Water Quality Control Board specifying the projects WDID number.

I
255
B 51. Destroy any abandoned wells on the property or similar structures that might result in contamination of underground waters in a manner approved by the City Engineer.

B 52. All underground structures, except those desired to be retained, must be broken in, backfilled, and inspected before covering.

D 53. Comply with the prevailing City design and construction standards and requirements at the time of permit issuance.

C 54. Install telephone, cable television, and internet enclosures underground whenever the underground installation is an available option offered by the utility companies. If the underground installation is not an available option and utility enclosures must be installed above ground, install the above -ground utility enclosures and any flush mount utility enclosures at locations where construction of retaining walls will not be necessary for compliance with the setback requirements of the utility companies.

B* 55. Submit a Composite Utility Plan indicating the location of all above ground and flush mount water, electric, cable TV, internet, and telephone utility structures prior to City issuance of utility permits.

B 56. Remove all existing on -site utility poles per Ordinance 315, excluding the poles located along the Project' s westerly property line. Coordinate relocation of electrical drop for affected offsite properties, if any.

C* 57. Underground existing overhead utilities and remove utility poles located within the public right- of-way along the west side of Central Avenue frontage. All utilities listed under Highland Municipal Code Section 16. 40.380 (A) are to be underground per Ordinance 315.

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STAFF REPORT

TO THE CITY COUNCIL
DATE: October 8, 2024
FROM: Carlos Zamano, City Manager
REVIEWED BY: Octavio Duran Jr., Public Works Director/City Engineer Idt) PREPARED BY: Jennifer Cioffi, Project Manager
SUBJECT: Rejection of Bids — Bid No. 2024- 05, " Bledsoe Creek Storm Drain ( Line " A") and Slope Repair' ( Project sdr17001)
RECOMMENDATION: It is recommended that the City Council ( 1) Reject all bids, ( 2) Direct staff to modify the project scope as necessary, and ( 3) Re -advertise for construction bids at a later date, for Bid No. 2024- 05 " Bledsoe Creek Storm Drain ( Line " A") and Slope Repair ( Project sdr17001)".

FISCAL IMPACT: The project construction costs exceed the budget of $ 350, 000 in Development Impact Fees ( DIF — Local) Funds per the adopted Capital Improvement Program CIP) FY 2022/ 2023- 2026/ 2027. The low bid is approximately $ 980, 000 and City staff recommends rejection of all bids,
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: The Project aims to improve drainage and provide erosion control in the area located on the south edge of the East Highlands Ranch HOA orange grove located at the southeast corner of Highland Avenue and Rockspring Lane. This project involves the construction of approximately 222 linear feet of storm drain pipe, installation of storm drain inlets and completion of various other improvements necessary to address existing issues, including a new maintenance access road. Upon completion of project design and environmental approvals, staff advertised the project following formal bidding procedures on August 8, 2024.

Approved Motion Second Agenda Item No.

Denied
Continued Ayes File No.

Tabled Noes
Abstain
Absent
City Clerk t Hager
1 Eight ( 8) bids were received and opened on August 27, 2024 with the following results:

Bidder Total Bid
HL Hitchcock Construction, Inc. 978, 847
KEC Engineering 1, 090, 571
Tryco General Engineering 1, 153, 245
AVG Construction 1, 685, 432
RE Chaffee Construction, Inc. 1, 964, 291
Bosco Constructors, Inc. 2, 071, 161
Trinity Construction 2, 145, 647
Norstar 2, 394, 257
Upon reviewing the bids for completeness, it was noted that all the bids significantly surpassed the Engineer' s Estimate of $ 469, 299 and the project budget. Construction costs for the project including the construction contract, construction management, and required environmental monitoring/ mitigations is nearly $ 1. 4 Million. Due to insufficient funding, staff is recommending the City Council reject all bids and authorize staff to re -advertise the project at a later date.

City staff will review the project scope more closely to determine if any changes can be made to reduce the overall construction costs, however, staff will also pursue additional funding opportunities due to the significant funding gap.

Attachments:

A. Project Location Map
2 Attachment A- Project Location Map
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3 STPFF REPORT

TO THE CITY COUNCIL
DATE: October 8, 2024
FROM: Carlos Zamano, City Manager
REVIEWED BY: Octavio Duran Jr., Public Works Director/ City Engineer ov PREPARED BY: Isonja Flynn, Engineering Technician II
SUBJECT: Construction and Construction Management Services Contract Award — Highland Natural Parkland Trail Project ( Project No. tra20001) RECOMMENDATION: It is recommended that the City Council:

1. Award the construction contract for Bid No. 2024-02, Highland Natural Parkland Trail Project to the responsible low bidder, HL Hitchcock Construction, Inc., in the amount of $ 1, 434, 882. 50;

2. Approve the proposal from Engineering Resources of Southern California, Inc.

ERSC) to provide construction management and inspection services ( CM Services) in the amount of $ 190, 011. 00;

3. Authorize the City Manager to approve amendments to the ERSC task order up to 10% of the proposal amount; and

4. Approve a budget adjustment to transfer $ 229, 178 from the " General Capital Financing" fund balance ( Acct# 023- 2510) to be expended from the " Trails Construction" Fund ( Acct # 023- 3890- 6816)
FISCAL IMPACT: The total fee for the construction contract and the CM Services task order, including 10% contingencies, is $ 1, 787, 383. There is sufficient funding for the project to cover construction costs per the adopted Capital Improvement Program ( CIP) FY 2022/ 2023- 2026/ 2027, however, staff is proposing to replace American Rescue Plan Act (ARPA) Funds with General Capital Financing Funds due to ARPA reporting deadlines. These contracts will be funded as follows:
pproved Motion Second
Denied Ayes
Continued Noes
Tabled Abstain
Absent
Agenda Item No.

File No.

City Clerk ger
1 Recreational Trail Program Grant: $ 1, 558, 205
General Capital Financing: $ 229, 178
Total: $ 1, 787, 383
On October 11, 2022, the City Council gave authorization to the Finance Subcommittee to move ARPA funds as needed in the future within the approved fund categories. The deadline for all ARPA funds to be expended is December 31, 2024, unless contractually obligated by December 31, 2024, and expended by December 31, 2026.

On July 2, 2024, the Finance Subcommittee approved expending all remaining ARPA funds not used in category 6. 1 Revenue Replacement to be used for Public Safety to allow the City to fully spend ARPA funds by the deadline of December 31, 2024. The ARPA funds intended for Public Works Projects totaling $ 4. 9 million will be set aside in General Capital Financing Fund to be used to fund projects in the City' s 5- year Capital Improvement Program.

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: The Project will repair and renovate the damaged trails located at the Natural Parkland Trail on the north side of Base Line, east of Aplin Street and west of the city limits.

The project consists of the following work:

Renovating of existing trails and construction of new trails or expanding/ linking trails Development of Trailheads Facilities and Trailside Features Landscaping and Habitat Restoration
On November 4, 2020, the City received notification from the California Department of Parks and Recreation about its recommendation for $ 1, 560, 000 in funding under the FHWA Recreational Trails Program grant. This grant covers 88% of environmental, design, rightof-way, construction and construction engineering costs for the Project. At its regular meeting on April 13, 2021, the City Council approved an agreement for Environmental, Design and Right -of -Way services to Community Works Design Group ( CWDG). On December 22, 2023, the City executed a contract with the California Department of Parks and Recreation. CWDG completed their scope of work and delivered final bid documents to the City for approval. Upon approval of project documents, staff advertised the project following formal bidding procedures on August 8, 2024.

Construction Contract
One ( 1) bid was received and opened on August 27, 2024 with the following results:

Bidder Total Bid
HL Hitchcock Construction, Inc. $ 1, 434, 882. 50
The engineer's estimate for this project is $ 1, 500, 000. The low bid was received from HL Hitchcock Construction, Inc., of Rancho Cucamonga in the amount of $1, 434, 882. 50. A recent reference check has also confirmed that this contractor possesses the qualifications and experience necessary to perform the contract scope of work.

This item was initially on the September 10, 2024 City Council meeting agenda, however, it was 2 pulled from the agenda due to the Line Fire that started near the project site on September 5, 2024.

Staff and the design team visited the site to assess trail conditions and confirmed no changes are needed to the project scope as a result of the fire. Furthermore, the contractor performed a field walk of their own and confirmed in writing that the site conditions remain the same despite the wildfire and they would like to proceed with the project.

Staff recommends the City Council award this project to the responsible lowest bidder, HL Hitchcock Construction, Inc.

Construction Management Services Contract
With this project proceeding to the construction phase, staff requested a proposal from Willdan Engineering, TKE Engineering, Inc., and ERSC to provide construction management and inspection services. The proposals were reviewed by City staff, and ERSC was the top -ranked firm. ERSC has an ongoing contract with the City and has provided these same services for numerous projects using an experienced team. Staff reviewed and negotiated the proposed fee of $ 190, 011. 00, which is about 13% of the construction contract. This fee is reasonable for this type and size of the project. Staff recommends City Council' s approval of ERSC' s proposal to provide construction management and inspection services.

The project was evaluated in accordance with the California Environmental Quality Act (CEQA) and is categorically exempt under section 15301.

Attachments: Project Site Plan
ERSC Construction Management Services Proposal
Contractor' s Confirmation of Scope
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Redlands, CA 92373
City of Highland 909) 890- 1255, info@erscinc. com
27215 Base Line
Evaluation Period Contact:

Highland, CA 92346 Ben Booth, PE
Attn: Octavio Duran Jr., Public Works Director/ City Engineer Project Manager 909) 890- 1255 x116
bbooth@erscinc. com
RE: Construction Management and Inspection Services for the Natural Parkland Trails Project Dear Mr. Duran,
Engineering Resources of Southern California ( ERSC) is pleased to have the opportunity to submit our proposal to the City of Highland City) as a qualified, experienced consultant to provide Construction Management and Inspection Services for the Natural Parkland Trails Project ( Project). Based on our review of the RFP and years of experience providing similar services to local cities and agencies, we thoroughly understand the City' s requirements and unique development setting.

Understanding
The City of Highland is preparing to undergo improvements to its public facilities. The subject project will include public recreation improvements to local trails, including parking improvements, trail restoration construction, and related features. As with any Capital Improvement Project, the City is seeking professional construction management and inspection services during the construction of the improvements to ensure the safe construction of the project while adhering to all plans, specifications, environmental conditions, funding circumstances, and City requirements.

ERSC is ready and able to provide these services to the City. Our proposal highlights our expertise in the above, our knowledge of local procedures, and the challenges in delivering outstanding service to the City' s staff, constituents, and stakeholders.

ERSC' s Team
Ben Booth, PE, Engineer V — Project Manager/ Construction Manager Ben will serve as Project and Construction Manager during the course of the agreement with the City. Ben has served ERSC and the City directly and indirectly over the past seven years and has been responsible for numerous similar efforts in both capacities. He is well -versed in City procedures and can start immediately on this project. He will guide ERSC' s inspection team in the field, interface high- level issues with contractors, and maintain contact between Highland and ERSC' s team.

Mark Alvarez, Construction Inspector - Inspector
Mark joined ERSC with 25 years of experience in the construction industry, having spent a career with local paving contractors as a foreman and superintendent overseeing various paving, street, and traffic construction projects throughout Southern California.

Since joining ERSC, he has been responsible for the inspection of complex tract development grading and paving efforts, traffic signal improvements, and pedestrian improvements. Most recently, Mark has provided inspection services during the construction of transportation, traffic, and public facilities in the City of Banning.

Aragon Geotechnical, Inc.

Aragon Geotechnical, Inc. ( AGI) will serve as geotechnical engineer during the project, providing material testing, inspection, and recommendations. AGI is a certified DBE and will assist in fulfilling the requirements of the funding sources while providing professional services during grading, paving, and wall construction.

Highland' s Engineering Resource
ERSC was founded in 1996 to provide engineering services to the public sector. For 28 years, the firm has delivered Plan Checking, Civil Engineering Design, Surveying, and CM/ Inspection Services to numerous Cities throughout Southern California. Being local to the Inland Empire, ERSC maintains working relationships and valuable experience in differing design criteria and various departments of the region' s diverse public agencies.

ERSC has served the City of Highland in various capacities since 2003.

ERSC understands that the City wants to select the firm that best fits its goals. In selecting ERSC, the City will benefit from the following:

Experience - ERSC' s role in identical inspection responsibilities throughout numerous Inland Empire communities. Our CM/ Inspection Team has completed hundreds of projects for Southern California Cities and Agencies with over 60 years of combined experience. ERSC' s recent experience includes almost identical responsibilities in the City of Banning.

Proximity — As a local Southern California vendor, ERSC' s nearest office is just minutes away in the City of Redlands. Our key personnel have access to ERSC' s 40 engineering and construction professionals located in our nearby offices.

Familiarity —Our team has served local agencies in numerous past assignments. Our experience in the region is far-reaching and lends our team a unique perspective from which to approach inspection services for the City. 6 We look forward to working with the City and thank you for the opportunity to submit a proposal. If you have any questions or require additional information, please contact Ben Booth at bbooth@erscinc. com or ( 909) 890- 1255. This proposal is valid for a term of 180 days from the date of submittal.

Respectfully submitted,
Craig Brudin, QSP
Director of Operations
Ben Booth, PE
Project Manager
7 Table of Contents
Project Understanding & Approach
4 Proposed Project Team
11 1 Qualifications & Experience
1$ M Appendix
Exhibit io-Oi
Exhibit 10- 02
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Understanding &
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9 Understanding and Approach
ERSC understands that the Project includes trailhead improvements, accessible parking and path of travel to the trailhead on Base Line Avenue, restoration of existing trails, drainage culvert improvements, and educational area improvements. The work also includes the construction of stabilized earthen walkway trails, trail grading, excavation, removal of PCC and AC, construction of ADA parking improvements, vehicular maintenance access driveway and turnaround improvements, curb and gutter, sidewalk, retaining walls, drainage culvert improvements, education side furnishings, signing/ striping, and trail guide ropes and signs. Project funding will be sourced from local and federal sources. ERSC is well versed with prevailing wage, certified payroll, department of industrial relations, and labor compliance regulations.

Funding sources
ERSC understands that a number of different funding sources will be utilized to complete the Project. OGALS funding administered through the CA Dept of Parks and Recreation has been secured to complete this work. ERSC' s team has worked to comply with the funding source requirements, including proposing the use of Aragon Geotechnical, Inc. ( AGI) to satisfy DBE requirements and preparing our fee according to Caltrans' Exhibit 10- H Fee Structure.

Project Location
The trails to be rehabilitated are located on steep slopes in the East Highlands Ranch area of the City. Access challenges for inspection staff and construction crews/ equipment will be encountered during the Project. These conditions fit well with ERSC' s inspection philosophy, as our inspectors understand that work is best observed and inspected in the field with a hands- on approach rather than in the field office or truck.

SWPPP
ERSC is planning to prepare the SWPPP for this Project, as noted in the RFR The 2022 CGP has stringent requirements that projects are subject to comply with for the construction and post -construction phases. ERSC has determined that the post -construction BMPs are not applicable and will work this into our scope of work, price, and coordination during the Project. ERSC' s offices are 8 miles from the project site. Our NPDES Inspection can be efficiently conducted in a timely fashion with little drive time.

Scope of Work
Construction Management Services
General Construction Management Services duties shall include, but not be limited to, the following:

1. Provide technical and administrative management services for the Project, coordinate and oversee all construction -related activities, maintain close liaison with the City Project Manager, and copy the City Project Manager on all correspondence.

2. Monitor the City' s NPDES Manager' s activities, including but not limited to preparing a SWPPP in accordance with the 2022 Construction General Permit, uploading the SWPPP, NO1 and other required information to the Water Board' s SMARTS website, and obtaining a WDID Number prior to starting construction. In order to adequately document that the Project does not require post -construction BMPs, ERSC will work with the City' s NPDES Manager to upload the correct documentation to SMARTS to meet the 2022 CGP requirements without implementing post -construction BMPs. It is assumed that the City will pay fees related to the required permits.

3. Conduct bi- weekly construction progress meetings, review and monitor the Contractor' s schedule, prepare weekly status reports, review and approve submittals, prepare and approve progress payments, and negotiate and prepare contract change orders.

4. Review and approve progress pay estimates. ERSC will identify variances between actual and budgeted or estimated costs and inform the City Project Manager whenever Project costs exceed the budget.

5. Schedule and conduct the pre -construction meeting with all stakeholders, including preparation of agendas and minutes and distribution to all applicable entities ( not just attendees) within five ( 5) working days. Identify all problems associated with the construction project in the meeting.

6. Maintain an awareness of safety and health requirements and enforce applicable contract provisions to protect the public and project personnel.

7. Monitor and perform labor compliance tasks, including labor interviews, verifying certified payrolls against Inspection Reports, employee interview forms, and the Prevailing Wage Rates. Verify proper payment in compliance with the project specifications and that contractor/ subcontractor DBE utilization is in compliance with state and federal laws.

8. Schedule, coordinate, facilitate, and attend public meetings as necessary.

9. Assist the City in preparing and processing Progress Reports with photographs, Progress Payments, and Grant Completion Packet to CA Department of Parks and Recreation Office of Grants and Local Services ( OGALS) in accordance with Caltrans LAPM and other Caltrans requirements, as required.

10. Facilitate, coordinate, and oversee the ongoing daily actions required to completely provide the full level of intended services and ensure that the Project meets all applicable Federal, State, and local requirements.

11. Provide as -built drawings markups, final project certification, and memorandum of clearance to issue Notice of Completion. 10 12. Coordinate a final walk- through with OGAL, the City, and all affected stakeholders, prepare punch list, certify completion of project, and recommend acceptance.

Inspection Services

1. Establish effective communication with the Contractor, OGALS, other agencies, utilities, and business and property owners.

2. Ensure compliance with the Plans, Specifications, and other requirements, such as, but not limited to, the Contract, Traffic Control, Water Quality BMPs, Cal/ OSHA Standards, CCOs, Permits, Caltrans requirements, Standard Plans, checking line, grade, size, elevation, and location of improvements.

3. Keep daily diaries ( log), fill out Incident ( accident) Reports, and take pictures of the Project. A daily Inspection Report identifying work done by the Contractor shall be submitted to the City Project Manager on a weekly basis for review and filing.

4. Document all Contractor delays, reasons for delay, length of time for delay, and Phases of work.

5. Monitor and provide supporting documentation on the personnel and equipment that is involved with any extra work performed by the Contractor.

6. During the course of inspection and monitoring of the work, if the Consultant Inspector observes an unsafe situation, he shall notify the Contractor of the violation and provide written notification of such infraction to the Contractor. If the Contractor refuses to comply, the Consultant Inspector shall notify the City and Cal OSHA

7. Measure and tabulate contract quantities on a daily basis.

8. Review the Contractor' s invoices, verify completed work, and approve all quantities.

9. Prepare a list of items for correction ( punch list) and prepare redlined as -built plans.

10. Maintain copies of all permits needed to construct the Project and enforce special requirements of each.

11. Conduct NPDES Inspections at Weekly, Quarterly, and pre/ post/ during Rain Events. Licensed QSP will conduct these tasks in accordance with 2022 CGP.

Geotechnical Services and Materials Testing
AGI will focus its efforts on the Geotechnical and Materials Testing portion of the Project. Field and laboratory testing is based on the City of Highland' s current QAP for federally funded projects. AGI' s scope of materials testing services for this Project includes:

1. Observations and materials testing of subgrade and aggregate base materials for new -construction Service Road and Turn Around;

2. Observations and materials testing of varying widths of Earthen Walkway Trails;

3. Observations and materials testing for Sitting and Educational Areas;

4. Observations and materials testing of PCC and underlying soils for curb and gutter, Curb Ramps, and retaining walls;

5. Laboratory testing for native and aggregate base materials (soil maximum density -optimum moisture determinations, stability and asphalt concrete maximum density determinations); and

6. Attend meetings.

CMIS - NATU AL PARKLAND TRAILS PROJECT
oral Parkland Trails Project 196 days? ue 9/ 10124 iue 6/ 10/ 25 P r on ru 25 d ays Tue 9/ 10/ 24 10/ 16/ I4
Council Award Iday Tue 9/ 10/ 24 Muen9/ 10/ 24
Nllil to Proceed Ida, Wed 9/ 11/ 24 Wed9 WI'
SWPPP Preparation and Filing 23 days Wed 9/ 11/ 24 Fri 10/ 11/ 24 Construction Meeting lday pn 1/ 50/ 24 on 9/ 30/ 24
Zrer u on Submittal Review D days on 9/ 30/ 24 n 10/ 14/ 24 NTP [ p Clonlraclor
1 dayays
n 20/ 14/ 24 Mon 10/ 14/ 24
un u4 CC— tulct31 d on 10/ 14/ 11 n4/ 14/ 25 Pbase
Submdtal Reviews 131 days M., 30/ 14/ 24 Mon 4114/ 25 11 Construction Inspection 131 days n 10/ 14/ 24 M., 4/ A/ 25 NPOES Inipeaionz 131 days n10/ 14/ 24 n4/ 14/ 25 13
labor Compliance 131 days n10/ 14/ 24 Mon 4/ 14/ 25 14
etings ( As Needed) 131 days MI. 10/ 14/ 24 n 4/ 14/ 25 OGALS Progress Report and Payment Request 1311— on 10/ 14/ 24 n4/ 14/ 25 Inal Puncblist/ Final PPE 2 days pn 3/ 31/ 25 Tue4/ 8/ 25 j
llme Completion cot Mon Tof 4/A/ 25 n4/ A/ 25 st Construclion 46 days ue4/ e/ 15 Tue 6/ W/. Submit RTP Grant
Completion Packet 13 days Tue ThI 4/ 24/ 25 20 OGAIS Final Protect lnspe<t+on Iday Tbu 4/ 24/ 25 Th14/ 24/ 25 t SWPPP NOT, Submit PrOj11 Certification Form Iday n5112/ 25 on5/ 11/ 11 1111S Process Final Payment 5 days Wetl 6/ 4/ 25 Tue 6/ 10/ 25 Gty Notice of Comp40on/ Retention Release 21 11 17
2130
12 3138
39 41
5daysWed
6/
4/ 23 Tue 6/ 14/ 15 m rota ar.
eon air. rots 1 1 1
1114
1 M
1 Il
t\ 1,
11 Proposed
Project Team
1 1
F" fisou
IG V
12 Project Team
ERSC has selected our project team based on experience with the type of work proposed. The team presented below includes our project manager/ construction manager, construction inspector, NPDES Inspector/ Assistant Construction Manager, a project engineer, and the added support of our 40 local professionals. We understand that a continuous point of contact allows for efficient communication between parties throughout the project. ERSC certifies that staff included herein will be available during the duration of the project.

Ben Booth, PE - Project Manager/ Construction Manager
Ben will serve as Project and Construction Manager during the course of the agreement with the City. Ben has served ERSC and the City both directly and indirectly over the past 7 years, responsible for numerous similar efforts. He is well versed in City procedures and able to start immediately on this project. During his tenure at the City of Highland, Ben managed the Natural Parkland Trails project during its final engineering design phase and has intimate knowledge of the project scope, funding requirements, and stakeholders.

His management tasks included:

Review of the 90% and 100% PS& E submittals
Coordination with the project' s design consultants, CWDG, TKE and the Altum Group.

Verified contract documents were in conformance with FHWA federal funding requirements.

Coordination with Department of Parks and Recreation - Office of Grants and Local Services on administration procedures requirements.

Oversaw the project' s WQMP and SWPPP applicability/ compliance requirements.

He will guide ERSC' s inspection team in the field, interface high- level issues with contractors, and maintain contact between Highland and ERSC' s team.

IG NUV Ben Booth, PE
Project Manager/
Construction Manager
Project Team
Mark Alvarez Craig Brudin, QSP Zoey Dunmire
Construction Inspector NPDES Inspector/Assistant NPDES/ Construction Construction Manager Management Support
Additional ERSC Team
Subconsultants
Aragon Geotechnical
Geotechnical Engineering
John M. Brudin, PE Robert Righetti Shima Aghaei
President Principal Engineer Engineer III
Moe Ahmadi, PE Robert 011erton, PLS Isaac Gomez
Vice President Principal Surveyor Engineer IV
Erik T Howard, PE, PLS Wade Weaver, PLS Mina Bishara
Sr. Principal Engineer Principal Surveyor Engineer V
Trent Brudin, PE, QSD Stephania Hernandez, EIT Steve Wilson Engineering Manager Engineer IV Sr. Engineering Associate Reza Toorzani, PE Katherine Hernandez John Ward
Principal Engineer Engineer Ill Sr. Engineering Associate Ruben Ibarra, PE Travis Moffatt, EIT Dale Roberson
Principal Engineer Engineer II Engineering Associate V
Erwin Fogerson, PE Nathan Shea, EIT Jazz Goodie
Sr. Principal Engineer Engineer It Engineering Associate III Jeff Wall, PE Marcus Popa, EIT Joseph Wilkins
Sr. Principal Engineer Engineer I Engineering Associate III Lori Askew Gabriela Rodriguez
Principal Engineer Engineering Aide I
MarkAlvarez- Construction
Inspector
Mark joined ERSC with 25 years of
experience having spent a career with
local paving contractors as a foreman and
superintendent in oversight of various
paving, street, and traffic construction
projects throughout Southern California.

Since joining ERSC, he has been
responsible for the inspection of complex
tract development grading and paving
efforts, traffic signal improvements, and
pedestrian improvements. Most recently,
Mark has provided inspection services
during the construction of transportation,
traffic, and public facilities in the City of
Banning.

Cooly Smith Craig Brudin! QSP - NPDES Chief Inspector
Tracy Meeks Inspector/ Assistant
Sr. Construction Inspector
Ralph Martinez Construction Manager
Sr. Construction Inspector
Craig is Director of Operations at ERSC even Nescher
Sr. Construction Inspector and oversees field operations of the firm Mark Korando including CM, Inspection, and Surveying
Sr. Construction Inspector efforts. Craig is currently responsible for Paul Duffell the oversight of CM/ Inspection Services for Sr. Construction Inspector
multi -million dollar efforts for a wide range
Saul Lopez
Sr. Construction Inspector of clients throughout Southern California.

Ste eAllen Craig is also a QSP and will provide NPDES
Sr. Construction Inspector inspections during the course of the project as well as support to Mr. Booth as
Assistant Construction Manager.

Zoey Dunmire - NPDES/ Construciton Management Support
Zoey will assist the team in preparing the required SWPPP document and general assistance supporting the construction management tasks during the project.

Subconsultant - Aragon Geotechnical
Aragon Geotechnical will serve asgeotechnical engineer during the project providing material testing, inspection, and recommendations during the project. Aragon is a certified DBE and will assist in fulfilling the requirements of the funding sources while providing professional services during grading, paving, and wall construction. 5 13 CA, Professional Engineer No. 92625 Similar Project Experience:

Overland Bridge at Murrieta Creek, Federal Highway Bridge Program Fund, Temecula, CA - As a partner to the CNS Engineers' team, Ben served as Project Engineer during Education the design of a bridge structure over and across Murrieta Creek connecting Avenida Alvarado with Overland Drive at the intersection of Enterprise Circle to the east of the BS, Civil Engineering, Arizona State University, creek. The ERSC team was responsible for all ancillary improvements to the design of the Tempe, AZ bridge, including street improvements, drainage improvements, right of way legals/ plats, Areas Expertise
I channel hydraulic/ hydrology analysis, and WQMP, all facilitated in- house by the ERSC of team. The project required compliance with Caltrans LAPM requirements and federal Pavement Rehabilitation Services funding requirements. ERSC is assisting CNS with obtaining permits from various agencies Active Transportation Services such as USACE Section 408, RCFC& WCD Encroachment Permit, CDFW Section 1602, and Drainage and Flood Control RWQCB Section 401 for improvements within the channel.

Land Development Services Golden Avenue Bridge, Placentia, CA — Project Engineer during the development of plans for the bridge replacement project in Orange County. Plan and profile views were created for the proposed bridge layout and the existing Carbon Creek flood control channel below. Considerations during geometric layout included aligning with existing Mr. Booth has a broad base of experience in streets, identification of existing utilities and storm drains, proposing new storm drain various disciplines, such as transportation, locations, an adequate bridge width to accommodate future traffic, pedestrian and bike site development, pavement rehabilitation, flows, and the placement of the OC Bike Loop that is planned to run within the Carbon grading and drainage, and construction Creek channel which has entrance/ exit ramps on either side of the bridge. Bridge design services. Mr. Booth graduated from Arizona was provided by Biggs Cardosa Associates, Inc. This project included LAPM administered State University and interned with notable funding sources. companies such as Schuler Constructors, PW 19- 11 Bike Lane and Trail Program, ATP Funded, Temecula Creek South Side Trail, PACE, and HDR during his undergraduate City of Temecula, CA - Project engineer responsible for . Under an on -call engineering studies. He worked for CASC Engineering, agreement, ERSC completed preliminary and final engineering services necessary to where he served as a survey chairman provide p project p sco p ing and final design. g Project tasks include hydrology y gy review and and design engineer. Mr. Booth recently channel hydraulics modeling, bike trail plan and profile design , specifications, estimates, served the City of Highland as a senior WQMP preparation, and environmental and geotechnical services. ERSC and our civil engineer, managing various capital subconsultants coordinate with various permitting agencies such as RCFC& WCD, CDFW, improvement projects, overseeing the and RWQCB Section 401 for trail improvements within the Temecula Creek Channel.

City' s engineering consultants, assisting
with land development entitlements, and Sector D Pavement Rehab Design and Construction Management Services, City of managing the Engineering plan check Highland, CA - Project Engineer and Assistant Construction Manager responsible for process. Projects recently undertaken contract administration, progress meetings, material/ RFI submittals, correspondence, by Mr. Booth involving the design and labor compliance, and progress payment review. Work included pavement rehabilitation construction services include the following and ADA ramp and needed drainage repairs. Rehabilitation of the streets included overlay significant assignments. with removal and replacement or dig outs of severely distressed areas. Provision for removal and replacement of soft and/ or wet areas where encountered was also included in the specifications and bid schedule.

FY 2016/ 17 and FY 17/ 18 CDBG Pavement Rehab Design and Construction Management Services, City of Highland, CA - Project Engineer and Assistant Construction Manager responsible for contract administration, progress meetings, material/ RFI submittals, correspondence, labor compliance, and progress payment review. The project included site inspection and preparation of construction documents for rehabilitation and repair of pavement on six streets. Rehabilitation included repair of severely distressed areas by removal and replacement, crack repair/ seal and bump grind, edge repair, header cut and cold planing, repair of drainage issues that would compromise new paving, repair of soft or wet subgrade, and HMA overlay.

Sectors B, C, D, and E Pavement Projects Design and Construction Management Services, City of Highland, CA - Project Engineer and Assistant Construction Manager responsible for contract administration, progress meetings, material/ RFI submittals, correspondence, labor compliance, and progress payment review. The projects included pavement preventative maintenance by bump grind, crack seal, slurry seal, and scrub seal of collector and local streets throughout the City and maintenance of City parking lots.

Elder Creek Hydrology Analysis and Feasibility Study, City of Highland, Highland, CA — Project Engineer for the preparation of a drainage feasibility study report for Elder Creek Storm Drain Facilities at Greenspot Road. The report was prepared to determine the tributary flows to Elder Creek Channel near Greenspot Road, and provide storm drain upsizing recommendations.
14 OSHA 30 Similar Project Experience:

TWIC Exp. 01/ 29/ 2022 Atwell - PA23 Open Space Grading and Recreation Improvements City of Banning, CA - Advanced First Aid and CPR Inspector responsible for daily project oversight for conformance to contract documents, Traffic Signal Inspector IMSA
agency requirements, permit compliance, and job safety during the construction of City Inspection/ Public Works Certificate, Open Space improvements for the southwestern planning areas of Tripoint Homes' University of California Riverside Atwell project in the City of Banning. The project included extensive grading, trail improvements, landscape features, and private ponds over a seven acre area. The Areas of Expertise main features to be constructed were the private ponds doubling as retention basins.

Pedestrian improvements were also built around the ponds to allow for a trail throughout Foreman the area. ERSC was also resonsible for supervision of the grading, testing, and drainage Superintendent Improvements.

Quality Control Inspection On -Call Construction Inspection Services, City of Banning, Banning, CA - Sr. Construction Heavy Equipment Operator Inspector in oversight of construction activities for street, sewer, water, grading, and storm drain projects and their related improvements in the City of Banning. Since 2018 ERSC has completed over 430 individual assignments in the City. This is inclusive of the 4, 000- unit Atwell development, for which ERSC has been in oversight all grading and improvement construction activities related to the project. Mark was responsible for Mr. Alvarez joined the ERSC team in 2019 and
inspection of the following in the City of Banning: has since been the prime construction inspector for the City of Burbank and Banning. Mr. Alvarez In -Tract Sewer, Water, Storm Drain, and Street Improvements for:
has been in the construction field for 33 years, e TM38398- 5 PAS 0 TM37298- 2 PA1A bringing insight from hundreds of public works TM37389- 3 PA10 0 TM37390 PA8A, 8B, PA24 Park projects as a foreman, superintendent and 0 TM37365 PA4 a TM37390- 2 PA7 inspector. 0 TM37474 PA3 0 TM37390- 1 PAIS, PA22 Park, PA23 Other inspection assignments have included
0 TM37298- 3 PA113 Open Space, PA25 Open Space
construction management, supervision and
a TM37298 PA2A 0 TM 37389- 2 PA11
inspection of various street and underground Signing, Striping, and Traffic Signal Improvements for:
improvements within public right- of- ways, TM37298- 1 Apex Street at Wilson St. underground facilities, mass grading operations, Highland Home Rd. at Meadowline Way water, sewer and storm drain facilities, pile
foundations and bridge work, lighting and Highland Home Traffic Signal Improvements, City ofBanning, CA- Sr. Inspectorresponsible electrical equipment as well as landscaping and for daily project oversight for conformance to contract documents, agency requirements, irrigation work when needed. permit compliance, and job safety. ERSC' s team provided inspection services during the construction of new Traffic Signals and related improvements in the City of Banning.

Highland Home Road located at the southwestern entry to Tripointe Homes' Atwell project is a new arterial street supporting the new residents of the residential development. A traffic signal was necessary at the intersection at Wilson Street, a major arterial. ERSC inspectors provided inspection throughout the construction of the Traffic Signal and its related improvments including widening of Wilson, ADA/ Pedestrian Improvements, Signing and Striping, and landscape improvements.

On -Call Construction Inspection, City of Highland, CA - Senior Construction Inspector as part ofan on -call professional services agreementwith the Cityof Highland. ERSC provides contract inspection services for the construction of public works and privately funded improvements, including street improvements, paving, sidewalk, curb, gutter, grading, and earthwork. Work also included site review for compliance with City standards and traffic control requirements.

BS 1428 — SR- 134 Corridor Arterial Signal Improvements, City of Burbank, CA - Provided inspection/ observation for the modification of seven traffic signal systems and appurtenances as well as coordination with Burbank Water a nd Power for overhead wiring considerations. Signing and striping, sidewalk construction and related ITS equipment installation are a part of the project. As our Lead Inspector he provided coordination between the Contractor, the City, other agencies, consultants, utility companies, the public, adjacent property owners and other stakeholders.

Hardy & Harper, Inc. - Public Works Foreman / Superintendent accountable for all Trades and Subcontractors on city contracted street rehabilitation projects. Including Asphalt Paving and quantities, Traffic Control, Concrete quantities, Demolition, Trucking and Dump sites, Quality Control Inspection throughout Company.

Matich Corporation - Public Works Foreman responsible for street rehabilitation projects.

Grading, Paving, Traffic Control, Material Quantities and the supervision of all operators, equipment, laborers and tools throughout city projects. 15 11.
1-1- 11
N'tL
CA, QSP No. 26269
CESSWI No. 4852
BS, Environmental Policy & Management
BA, Business Managerial Studies
CASQA
Erosion and Sediment Control
Water Quality
Improvement Plan Check
Land Survey
Construction Management and Inspection
Mr. Brudin serves ERSCs clients requiring
CM/ Inspection, Land Survey, and water
quality and environmental compliance
services. Craig spent years of his career
under the employment of prominent
engineering firms where he gained insight
to the full spectrum of environmental and
storm water compliance requirements and
practices. He has been in oversight of ERSC' s
inspection team in the field for numerous
local agencies during construction of water,
wastewater, transportation, drainage, and
public facilities. Craig is well versed in the
installation requirements, long term cost
effectiveness, and challenges of erosion
and sediment control BMPs. His experience
designing and plan checking erosion
control plans has provided with and all -
encompassing knowledge of the SWPPP
requirements as well as the challenges
associated in meeting plan goals.

Similar Project Experience:

On - Call Plan Check and Construction Inspection Services, City of Highland — Project Engineer responsible for review of maps, legal documents, improvement plans, and grading plans during an on -call professional services agreement with the City of Highland. ERSC provides contract plan check and inspection services for the construction of public works and privately funded improvements, including site improvements, street improvements, paving, sidewalk, curb, gutter, grading, and earthwork. Work also included site review for compliance with City standards and traffic control requirements. ERSC also provides plan checking services for all parcel and tract maps, as well as hydrology review.

On -Call Plan Check and Inspection Services, City of Banning — Project Manager responsible for day-to-day project guidance, team oversight, client contact, as well as schedule and budget management throughout the plan check of residential and CIP projects. Plan check services include review of maps, street, sewer, water, grading and storm drain projects, as well as review of construction drawings to assure compliance with City, State and Federal regulations. ERSC also provides conditions of approvals for City projects, as needed.

On -Call Construction Inspection Services, Elsinore Valley Municipal Water District, Lake Elsinore, CA - Project Manager responsible for day- to- day project guidance, team oversight, client contact, as well as schedule and budget management. Under an On - Call agreement with Elsinore Valley Municipal Water District ERSC provides construction inspection services for developer funded and CIP projects through the District service area. ERSC inspectors are responsible for oversight of construction for various water system improvements including pipelines, reservoirs, lift stations, booster stations, service connections, and related infrastructure and improvements.

CARB Consolidation Project, Riverside, CA — Project Manager and QSP inspector during the ground up construction of the California Air Resources Board testing facility in Riverside, CA. Craig was responsible for all inspections, reporting, recommendations, training, and annual report filing during the course of the project.

Rio S. T. E. A. M Academy, Oxnard, CA — Project Manager and QSP Inspector during all phases of the construction of the Rio School District' s STEAM school in Oxnard, CA.

Craig directed installation of all erosion controls for the 10- acre site including Fiber Roll, Inlet Protections, and Plate -only stabilized enter. Craig also directed the maintenance of controls throughout the project to ensure compliance with the state' s CGP and local requirements. Craig was also responsible for performing all QSP inspections for the project throughout all phases including weekly inspections and all rain event inspections.

MSJC Sports Facilities Improvements, San Jacinto, CA —Project Manager and QSP Inspector during all phases of the Mount San Jacinto College' s Sports Facilities Improvements. The project included installation, maintenance, and removal of all structural BMPs for the project. Fiber Roll, Silt Fencing, Inlet Protection, and traditional Rock -Plate stabilized entrances were included.

Soboba Horseshoe Development, San Jacinto, CA - Project Manager and QSP Inspector during all phases of the Soboba Band of Luiseno indians Horseshoe Development Improvements. The NPDES portion of the project included installation, maintenance, and removal of all structural BMPs for the project. Fiber Roll, Silt Fencing, Inlet Protection, and traditional Rock - Plate stabilized entrances were included. 30" Transmission Mainline Improvements on Highland Ave., West Valley Water District, Rialto, CA - Construction Manager responsible for contract administration, progress meetings, material/ RFI submittals, correspondence, labor compliance, and progress payment review during this improvement project which involves the construction of a new waterline and associated appurtenances in Highland Avenue between Oakdale Avenue and Pepper Avenue in the City of Rialto. Construction includes installation of approximately 3, 7001f of CML& C water line. The proximity to Interstate 210 will require interfacing with CalTrans and coordination with the agency' s procedures. 16 Education
Similar Project Experience:
5th Street, Greenspot Road, & Orange Street Pavement Rehabilitation Project City of MS, Mechanical Engineering, University of Highland, CA - Project Designer responsible for preparation of project documents and California San Diego completion of computer aided design throughout all phases of the assignment. ERSC was BS, Environmental Engineering, university of contracted to provide professional engineering services for a pavement rehabilitation California San Diego project slated to improve five street segments. Rehabilitation efforts include Cold In -Place Recycling ( CIR) and 1. 5" grind and overlay with Petromat, and additional scope includes assessing pavement failures, settled pavement, ponding areas, raised and damaged Areas of Expertise sidewalk panels, and deficient curb and gutter and shoulder areas.

Overland Drive Widening, City of Temecula, CA - Project Designer responsible for MATLAB preparation of project documents and completion of computer aided design throughout Autodesk Fusion 360 all phases of the assignment. ERSC was contracted to provide professional engineering SolidWorks services for the widening of Overland Drive from Jefferson Avenue to Commerce Center AutoCAD Drive. The project included mapping and an evaluation of the effects of a roadway 3D Printing widening, coordination with the Rancho California and Eastern Municipal Water Districts Arduino for relocation and adjustment of water and sewer facilities, as well as various power and communications companies for the relocation of dry utilities impacted by the project pad mount transformers, underground vaults, and service pedestals). The project also included the installation of a new traffic signal and striping modifications, installation of Zoey joined ERSC in 2023 after a collegiate new street lighting, and preparation of legal descriptions and plats in support of the right - tenure in which she earned both of -way ac- quisition effort. undergraduate and graduate engineering PS& E for Sewer Collection System & Lift Stations, Soboba Band of Luiseno Indians, San degrees. She is now a part of our o ur design
Jacinto, CA - Project Designer responsible for preparation of project documents and team, expand her engineering it by completion of computer aided design throughout all phases of the assignment. ERSC performing various engineering tasks such was contracted for the preparation of Plans, Specifications, and Cost Estimates ( PS& E) as Arming drafting, utility calculations, for gravity sewer system and lift stations within Soboba Band of Luiseno Indians ( SBLI) Excel calculations, and spreadsheets. Reservation. Our work focuses on the development of alignment and preparation of construction plans for an alternative which collects the wastewater flows from the reservation to be conveyed to the EMWD sewer system for treatment.

PS& E for the Soboba MDP Line J & J- 1, Soboba Band of Luiseno Indians, San Jacinto, CA Project Designer responsible for preparation of project documents and completion of computer aided design throughout all phases of the assignment. ERSC was contracted for the preparation of Plans, Specifications, and Cost Estimates ( PS& E) for the design and construction of the MDP Line J and J- 1 that would avoid/ minimize adverse impacts on the existing and planned residential developments within the project location. Our scope included field reconnaissance, utility research, design survey, hydrology analysis, hydraulic analysis, geotechnical investigation, preparation of construction plans, specifications, cost estimates, coordination and processing, and post -design bidding support services.

RV Booster Station Rehabilitation, Pechanga Band of Indians, Temecula, CA - Project Designer responsible for preparation of project documents and completion of computer aided design throughout all phases of the assignment. ERSC was contracted to provide professional engineering services for upgrading a booster station that was originally constructed in 2000 at an RV resort. The design will include replacing pumps, motors, valves, and electronic equipment and relocating the electrical equipment to the adjacent electrical room. Our work includes project management and coordination, research and preliminary layout, specifications and plans, and bidding phase assistance.

Public Works Yard Restroom, City of Chino Hills, CA - Project Designer responsible for preparation of project documents and completion of computer aided design throughout all phases of the assignment. ERSC was contracted to provide engineering services for the preparation of construction drawings related to installation of a new staff restroom building at the City Yard Facility. Improvements include the installation of a prefabricated restroom adjacent to an existing storage building, necessary utility connections including water, sewer and electricity, construction of a concrete pad to house the restroom, and necessary asphalt pavement reconstruction to meet ADA requirements. 17 C. FERNANDO ARAGON, M. S., P. E., G. E.

CIVIL ENGINEER, GEOTECHNICAL ENGINEER

EDUCATION
Loyola Marymount University of Los Angeles, B. S., Civil Engineering University of California, Berkeley, M. S., Civil Engineering with emphasis in Geo Engineering

PROFESSIONAL REGISTRATIONS
Registered Civil Engineer, California, No. 72277 [ Exp. 6/ 30/24] Registered Geotechnical Engineer, California, No. 2994 [ Exp. 6/ 30/ 24] California Department of Transportation, Certificate of Proficiency, Expires: 9/ 2022
Governor' s Office of Emergency Services — Disaster Services Worker — Volunteer

PROFESSIONAL AFFILIATIONS AND HONORS
American Society of Civil Engineers
ASTM International — Participating Member
Member of Tau Beta Pi National Engineering Honor Society Member of Chi Epsilon National Civil Engineering Honor Society Association of Drilled Shaft Contractors ( ADSC), The International Association of Foundation Drilling, 2004-2005 graduate student scholarship recipient University of California at Berkeley, 2004- 2005 graduate fellowship

PROFESSIONAL HISTORY
1997- Present: Aragon Geotechnical Inc., Riverside, California; Soils Technician Laboratory and Field) to Engineering Assistant, Staff Engineer, Project Engineer to President.
5/2002- 8/ 2002: Kiewit Pacific Company, Santa Fe Springs, California; Engineering Field Intern.
1996- 1997: Aragon Geotechnical
Arrowhead, California;
Laboratory and Field.)
Consultants, Inc., Riverside and Lake
Engineering Assistant; Soils Technician
10 18
Qualifications &
Experience
Itnab
19 Firm Bio
Engineering Resources of Southern California, Inc. ( ERSC) was formed in 1996 with the Civil Site Design asset purchase of NBS/ Lowry, Inc. Since its formation, ERSC has been committed to Survey & Geospatial serving Special Districts, Regional Agencies, and Municipalities in Southern California' s public sector. Our team provides a comprehensive set of professional services and Construction Services solutions for the life of an y potential p project. p j Municipal Services ERSC Reliability DISCI INEs
We believe that our long- standing service to a variety of public agency clients throughout California, many on a continuous basis throughout our 28- year history, is a testimony Transportation
to the quality of services we provide. Many of our clients have continually sought our services since our first year of business. Throughout our years of service, ERSC has developed p significant g financial resources and organizational g efficiencies. Development p of Drainage & Flood Control
Water Resources
proficiencies in these areas has allowed ERSC to continually deliver projects that routinely exceed client expectations..

Contact Corporate Officers ME11olln Project Vital Information ERSC Insurance Coverage Levels Ben Booth, PE John M. Brudin, PE - President CA Corporation Professional & $ i. om Per Occurrence; Project Manager Moe Ahmadi, PE - Vice President 28 Years in Business General Liability $ 2. 0m Aggregate Phone: (9o9) 890-1255 Trent Brudin, PE - Secretary 40 Employees Fax: ( 909) 890-0995
Automobile $ 1. 0m Combined Single Limit
Craig Brudin - Treasurer FEIN: 33- 0718153
bbooth laerscinc. com CA DIP: 1000017460 Worker' s Comp Maintained as Required by Law ERSC in Construction Management and Inspection
Our staff have performed both On - Call and Project Specific CM and Inspection Services for public agencies since our firm was formed in 1996. Our team is particularly structured to assist public agencies in the administration of their own CIP projects and in supporting Developer -Funded Infrastructure to be accepted by public agencies. Our firm and project team currently support the City of Banning, Eastern Municipal Water District, West Valley Water District, Elsinore Valley Municipal Water District, and the City of Loma Linda in identical assignments.

ERSC and the City of Highland
ERSC has served the City of Highland on a continual basis since 2003. With duties including, plan checking, staff augmentation, design services, and construction management/ inspection, ERSC' s team has vast experience with the City and its staff. In selecting ERSC, the City can be assured that it will be receiving the same level of service that staff has been accustomed to. ERSC' s team will be able to apply knowledge and lessons learned regarding the City' s procedural preferences, funding source requirements, and staff communication.

Differentiating Factors
Our Locations Several considerations differentiate ERSC from other firms:

San Bernardino County No Conflicts of Interest
Headquarters)
1861 W. Redlands Blvd. ERSC consistently focuses on serving public agencies rather than private developers, Redlands, CA 92373 ensuring that we avoid potential conflicts of interest that would preclude our team from Southwest Riverside County providing inspection services on a project. 41593 Winchester Rd., Ste. 200
Temecula, CA 92590 Dedicated Public Works Inspection Staff Coachella Valley ERSC maintains a distinct construction management and inspection group comprised 77- 564 Country Club
Palmlm Desert, CA g2211n
of full- time construction inspectors pecors so y
dedicated to their craft. ERSC inspectors p
do not serve in other capacities, which allows them to promptly address projects and QP Q accommodate part-time obligations when needed.

Knowledge of Neighboring Municipalities and Agencies
As a firm focused on serving public agencies, we have enjoyed a long and successful relationship with many agencies adjacent to and within the boundaries of the City of Highland. We have had the pleasure of working with West Valley Water District, East Valley Water District, County of San Bernardino, the City of Redlands, City of San Bernardino, and the City of Colton. With this level of local involvement, we can leverage local relationships and contacts as needed and as required by work.

References
For the City' s use, ERSC has assembled the below references. We have provided the references to speak for ERSC' s project performance, team expertise, and commitment to client service. We encourage the City to contact each of them for their testimonial of their individual experience with ERSC.

ERSC selected the references herein based on similarity of scope to the RFP, detailed descriptions are included in the following discussion. Additional references are included in the following pages accompanied by full project descriptions. 12 20
1) Jarb Thaipejr, Public Works Director, City Engineer; ( 909) 799- 4400; jhaipejr@lomalinda- ca. gov See the following experience summaries included in this section for further details related to ERSC' s work in the City of Loma Linda:

CM and Inspection Services 1. 6 Million Gallon Welded Steel Reservoir Beaumont Avenue Pipeline
2) Nate Smith, PE, Deputy Director - Public Works/ City Engineer; 951- 922- 3182; nsmith@banningca. gov 3) Perry Gerdes, Water/ Wastewater Superintendent; ( 951) 922- 3140; pgerdes@banningca. gov Inspection services for development and CIP projects throughout the City. See the following experience summaries included in this section for further details related to ERSC' s work in the City of Banning On -Call Inspection Services
Non -Potable Water Improvements - Np- 1 Pump Line
Meadowline Way Interconnect & Pressure Reduction Facility Wilson Street Sewer Lift Station
Foothill West 3. 76 Million - Gallon Reservoir
15" — 12" Force Main And Trunk Sewer
4) Linda Jadeski, Manager of Engineering Services; ( 909) 820- 3713; Ijadeski@wvwd. org 5) Rosa Gutierrez, P. E., Senior Engineer; ( 909) 875- 1322; rutierrez@wvwd. org CM and Inspection Services for water transmission and distribution lines throughout the district. See the following experience summaries included in this section for further details related to ERSC' s work in West Valley Water District:

CM and Inspection Services - Casamilia Water Main Replacement Bloomington Area Water Main Relocations Phase 2A
Zone 4 30" Trasmission Mainline Improvements
Bloomington Area Waterline Replacements Phase 3A
Santa Ana Avenue Transmission Main Project Phase 2
Similar Experience
Nate Smith, PE, Deputy
Director of Public Works/ City
Engineer
951.- 922- 3182
nsmith@banningca. gov
ERSC Project Team:

Craig Brudin, QSP, QSD Ralph Martinez
Cooly Smith Saul Lopez
Mark Alvarez Tracy Meeks
04 BANNING
ATWELL - PA23 OPEN SPACE GRADING AND RECREATION

IMPROVEMENTS CITY OF BANNING, CA
Project Term: 2020- 21 1 Contract Value: $ 130, 000
ERSC' s team provided inspection services during the construction of Open Space improvements for the southwestern planning areas of Tripoint Homes' Atwell project in the City of Banning. The project included extensive grading, trail improvements, landscape features, and private ponds over a seven acre area. The main features to be constructed were the private ponds doubling as retention basins. Pedestrian improvements were also built around the ponds to allow for a trail throughout the area. ERSC was also responsible for supervision of the grading, testing, and drainage improvements. 13 21
ERSC Project Team:

Cooly Smith
Mark Alvarez
ERSC Project Team:

Craig Brudin, QSP, QSD
Cooly Smith
Mark Alvarez
Carlos Zamano, P. E.,
City Manager
909) 864- 8732
czamano@cityofhighland. org
Saul Lopez
Ralph Martinez
Nate Smith, PE, Deputy
Director of Public Works/ City
Engineer
951- 922- 3182
nsmith@banningca. gov
Perry Gerdes, Water/
Wastewater Superintendent
951) 922- 3140
pgerdes@banningca. gov
Ralph Martinez
Saul Lopez
Tracy Meeks

ON - CALL CONSTRUCTION INSPECTION AND PLAN CHECK SERVICES,

CITY OF HIGHLAND, CA
Project Term: 2000 - 2022 1 Contract Value: $ 4M
Under anon -call professional services agreement with the City of Highland, ERSC provides contract inspection services for the construction of public works and privately funded improvements, including street improvements, paving, sidewalk, curb, gutter, grading, and earthwork. Work also included site review for compliance with City standards and traffic control requirements. ERSC also provides plan checking services for all grading, street improvement plans, parcel and tract maps, as well as hydrology review. Work also included site review for compliance with City standards and traffic control requirements.

Representative projects are provided below:

Lankershim Avenue Street
Improvements
Sterling Avenue Improvements
Highland Basin Drainage
Improvements
2012 Sidewalk and Handicap Ramp
Repairs
City Hall ADA Improvements
Victoria Avenue Improvements at 5th
Street
2012 Community Development Block
Grant Project
Bledsoe Creek Outlet Reconstruction
Olive Street Improvements
City -Wide Redevelopment Agency
Sidewalks
Article III Sidewalk - Palm Avenue
Traffic Signals - Various
City -Wide Sidewalk Projects
Miscellaneous Sidewalk Repairs
5th Street Bike Lane, Signing and
Striping Improvements
Greenspot Road " S" Curve
Realignment

ON -CALL INSPECTION SERVICES, CITY OF BANNING, CA
Project Term: 2018 - Ongoing I Contract Value ( to date): $ 41VI ERSC provides plan check and inspection services of CIP and development projects in the City of Banning. The scope of construction inspection services includes oversight of street, sewer, water, grading, and storm drain projects and their related activities. Since 2018 ERSC has completed over 430 individual assignments in the City. This is inclusive of the 4, 000 unit Atwell development, for which ERSC has reviewed all grading and improvement plans as well as all supporting special studies related to the project. Currently ERSC staffs 4 full- time inspectors supporting the City' s activities. ERSC Inspectors have overseen the following in the City of Banning:

In -Tract water, sewer, storm drain and street improvements for the following:
o TM38398- 5 PAS o TM37390- 2 PA7
o TM37389- 3 PA10 o TM37390- 1 PA6, PA22 Park, PA23
o TM37365 PA4 Open Space, PA25 Open Space
o TM37474 PA3 o TM 37389- 2 PA11
o TM37298- 3 PA1B o TM37389- 2 PA11
o TM37298 PA2A o TM37389- 1 PA 1- 5
o TM37298- 2 PA1A o TM37289- 3
o TM37390 PA8A, 813, PA24 Park o TM37298- 1
Offsite Improvements related to the following:
o TM37298- 1 Apex Street at Wilson Street
o Highland Home Road at Wilson Street
o Highland Home Road at Meadowline Way
o TM37389- 1 Offsite 18"- 12" Water and 12" Sewer
o Highland Home Road Retention / BMP Basins and Energy Dissipators o TM37389- 1 Offsite 18" Water in Highland Home Road & 8" Non - Potable Water o TM37388 Offsite 8" Non -Potable Water and 8" Sewer
CIP Oversight for the following:
o Foothill West Zone 18" Transmission Line
o Mountain North Water 18" Transmission Line
0 24" Non - potable Pipeline NP- 1 discharge pipeline
0 16" Non -Potable Pipeline Segments B & D
14 22

CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES, CITY
cftyor
SOUth Gate OF SOUTH GATE, CA
Project Term: 2015- 22 1 Contract Value: $ 325, 556
Arturo Cervantes, PE, Asst. City Manager/ Director of
Public Works
Chakemco Street Improvements
ERSC was contracted by the City of South Gate to provide construction management 323) 563- 9567 and inspection services for the project designed to improve Chakemco Street by adding acervantes@sogate. org sidewalks, curbs, gutters, ADA ramps, drive approaches, landscaping, irrigation, new street pavement, striping, lighting, and miscellaneous additions to improve the overall ERSC Project Team: pedestrian mobility and safety. ERSC inspectors are acting as an extension of City staff Mark Alvarez and ensuring that projects are constructed in accordance with contract documents, proper building standards, SSPWC Greenbook, Caltrans, and current City Standards. ERSC inspectors provide immediate resolution of construction issues, and clarification of items of concern to reduce or eliminate change order request/ demand from the Contractor.

Park Infrastructure Improvements ( Area 5 Picnic Area), City Project No, 488- PRK The project included conversion of an existing Roller Hockey rink into a group picnic area.

The park improvements were located near the northwest corner of South Gate Park, near the intersection of Southern Avenue and Hildreth Avenue, at the roller court facility. Work included construction/ installation of concrete fatwork, decomposed granite paving, seat wall, tree planters, landscaping, picnic structures, and park furniture. Work also included drinking fountain and water service improvements, lighting, and all removals necessary in the conversion of a Roller Rink to a picnic area.

Citywide Sidewalk Improvement, Phase III City Project No. S27- ST The project removed and replaced sidewalk, curb, gutter, driveway approaches, and ADA ramps. The work took place primarily in the Western Portion of the City. Approximately 23, 000 square feet of sidewalk, 500 feet of curb and gutter, and 1, 300 feet of curb were removed and replaced. The project was a HUD Activity and therefore included strict adherence to federal reporting. The project also required special attention to communication with afected residents and the public due to the removal of driveway approaches, ADA ramps, and sidewalk.

ADA Sidewalk Improvements at Hollydale Park, City Project No. 535- PRK The project included earthwork and grading, construction of a decomposed granite walking trail, concrete sidewalk, and concrete ADA ramps. The work was completed in Hollydale Park near Century Blvd. This project was a HUD Activity and therefore included strict adherence to federal reporting.

Citywide Sidewalk Improvements, Phase IV City Project No. 542- ST The project removed and reconstructed sidewalk, curb, gutter, driveway approaches, and ADA ramps.

CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES, CITY
an
Principal Principal Dal Eng Engineer - Traffic
818) 238- 3922

OF BURBANK, CA
Project Term: 2019 - Ongoing I Contract Value ( to date): $ 470, 000 VDavtian@burbankca. gov
SR 134 Arterial Improvements W The City of Burbank contracted ERSC to supervise work and provide coordination between the Contractor, the City, other agencies, consultants, utility companies, the ERSC Project Team: public, adjacent property owners and other stakeholders for the installation of various Mark Korando
Mark Alvarez
traffic signal equipment and appurtenances as well as coordination with Burbank Water and Power for overhead wiring considerations, signing and striping, ramp, sidewalk construction and related ITS equipment. ERSC' s CM/ RE will also participate in public communications, if required by the City, to help identify and mitigate potential public nuisances and inconveniences resulting from various construction activities.

Bid Schedule 1462 Construction Services
ERSC provided full time inspection and construction management services during the construction phases of the project. This project was funded by Los Angeles County Proposition C and Local Transportation funds. The project will reconstruct 6 traffic signals ( cabinet, poles, conduit, pull boxes, boxes, and wiring), remove and replace poles at 8 traffic signals, and install LED lighting and loop detector conduit at 29 traffic signal. 15 23
y
FOOTHILL WEST 3. 76 MILLION -GALLON RESERVOIR, CITY OF
0196
Nate ectorlof Public Works/ City BANNING, CA
ANNI111 Engineer Project Term: 2021- 23 1 Contract Value: $ 300, 000 9S 1- 92 2- 3182
nsmith@banningca. gov ERSC' s team provided inspection services during the construction of a new 3. 76 Million - Gallon reservoir in the City of Banning' s Foothill West pressure zone.

The welded steel reservoir facility was constructed to serve the rapidly growing City ERSC Project Team: of Banning and it' s Atwell community. The 4,800 homes planned would require extra Cooly Smith storage in the foothill west zone for both domestic and fire -suppression purposes. The Ralph Martinez facility was unique in that the rafters for the reservoir were designed and constructed on the tank' s exterior roof.

ERSC inspectors observed all phases of the facility' s construction including grading, welding, coating inspections, SCADA, and electrical component installation.

Jarb Thaipejr
CONSTRUCTION MANAGEMENT& INSPECTION SERVICES, 1. 6MG
Pub lic Works Director, City WELDED STEEL RESERVOIR, CITY OF LOMA LINDA, CA c Engineer Project Term: 2023 - Ongoing I Contract Value ( to date): $ 515 000 909) 799- 4400
5 jhaipejr@lomalinda- ca. gov ERSC' s team provided inspection p services duringg the construction of a new 1. 6 million - gallon reservoir in the City of Loma Linda. The new reservoir is to provide additional supply to the City' s 1A, 2, and 2A pressure zones in the event that the existing reservoirs ERSC Project Team: are taken ofFline for repairs or maintenance. The reservoir is of welded steel construction Breven Nescher with extensive site improvements necessary. The site' s unique topography allows the reservoir to be hidden but requires extensive grading with 10, 000 CY of material moved.

ERSC inspectors were present for observation of the tank construction and also access road improvements, various site improvements, storm drain improvements, SCADA, and electrical component installation as well as coordination of geotechnical and coating inspections. ERSC also provided design services during the PS& E phase of the project.

Westvailey

CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES, WEST
Water District VALLEY WATER DISTRICT, RIALTO, CA
Project Term: 2013 - Ongoing I Contract Value ( to date): $ 731, 200 Linda Jadeski, Manager of Engineering Services
Construction Management and Inspection Services - Casmalia Water Main Replacement 909) 820- 3713 WVWD contracted with ERSC for the Casmalia Water Main Replacement, which includes Ijadeski@wvwd. org installation of 850 linear feet of 8- inch and 50 linear feet of 4-inch ductile iron pipe, 10 Rosa Gutierrez, P. E., Senior Engineer
new services reconnections and one new fire hydrant within the street right of way. The 909) 87S- 1322 replacement will occur on a residential street with typical utilities such as water, sewer, rutierrez@wvwd. org gas, storm drain and cable and the electrical is overhead.

Bloomington Area Water Main Relocations Phase 2A
ERSC Project Team: WVWD' s Bloomington area is an older region of Rialto, CA. The original water layout of John M. Brudin, PE Ron Worthington , PE the residential areas consisted of public street access in the front of residential lots with Joanna RehPE cooly smith Breven
Nescscher Jazz GoodieY
Y e
rear olots. s utility easement was used for water line and water services to each residence. The location of the waterline and services created difficulties for District staff in maintenance and in reading each residence' s meter. The District retained ERSC torelocate the water lines from these utility easements to the public ROW. ERSC staff prepared PS&Efor roughly 2100 LF of 12" waterline, 10000 LF of 8" waterline, and 236 water service connection relocations during phases Iand II replacement projects.

When relocating water services tothe front of residences, itwas determined that lots would also need to be re -piped to accommodate a new service location. ERSC coordinated efforts toinstall new waterlines on properties where itwas required. An inspector worked with the contractor to ensure that impacts to properties were minimized.

Zone 4 -
30" Transmission Mainline Improvements Inspection Services ERSC provided inspection services for the Zone 4 — 30" Transmission Mainline Improvements on Highland Avenue from Pepper Avenue to Oakdale Avenue, which was also designed by ERSC. The project involved the construction ofanew waterline and associated appurtenances in Highland Avenue between Oakdale Avenue and Pepper Avenue in the City of Rialto. Construction included installation of approximately 3,700 If of CML& C waterline. The proximity to Interstate 210 required interfacing with CalTrans and coordination with the agency' s procedures. During the course of construction, itwas discovered that undocumented clay fill material was installed during the reconstruction of Highland Avenue. This clay fill material slowed construction significantly. With the slowed production, itwas suggested that construction continue with CalTrans Force 16 24 West Valley Water District
Account Rates to allow for the now obsolete schedule. ERSC' s inspector verified and documented all information on a daily basis for adequate cost accounting and invoice auditing to coincide with the force account methods.

Bloomington Waterline Replacements Phase 3A Construction Inspection Services WVWD contracted with ERSC to implement Phase 3A of the Bloomington Area Waterline Replacement initiative. The District' s selected contractor installed approximately 5, 600 lineal feet of fully welded CML& C water line, relocated 141 water services from backyard alleyways to front of properties, and installed 14 new fire hydrants. ERSC' s team was responsible for inspection during this phase of the project. ERSC' s selected inspector performed observation and inspection during the entirety of the project to ensure the project was built per plans, specifications, contract documents, and in a timely fashion.

As with previous phases, extensive coordination with local residents was required during the meter relocation phases. With house connections towards the rear of each structure, hand -trenching and installation of new plumbing was conducted to allow the new meter locations. Each residence was to be returned to a satisfactory condition as prior to construction.

Construction Management & Inspection - Santa Ana Avenue Transmission Main Project Phase 2
The project includes the construction of a new 12- inch diameter DI transmission main for approximately 5, 229 linear feet in Santa Ana Avenue that will provide improved fire flow for the residences in the area. The new transmission main will replace the existing 4- inch water main serving this area and will be constructed within the street right of way. 17 25
Appendix
26 Local Assistance Procedures Manual Exhibit 10- 01
Consultant Proposal DBE Commitment

1. Local Agency:

EXHIBIT 10- 01 CONSULTANT PROPOSAL DBE COMMITMENT
City of Highland

3. Project Description:

2. Contract DBE Goal: 22. 2%
Construction Management and Inspection Services for the Natural Parkland Trails Project

4. Project Location: City of Highland

5. Consultant's Name: Engineering Resources of Southern California, Inc. 6. Prime Certified DBE:

7. Description of Work, Service, or Materials

8. DBE
Certification 9. DBE Contact Information 10. DBE °
Supplied
Number
Geotechnical Inspection and Materials Testing CUCP # 45365 Aragon Geotechnical
16801 Van Bwen Blvd, Bldg. B 15. 90
Riverside, CA 92504
Local Agency to Complete this Section

11. TOTAL CLAIMED DBE PARTICIPATION 15. 90 17. Local Agency Contract Number:

18. Federal -Aid Project Number:

Consultant' s Ranking after Evaluation:

IMPORTANT: Identify all DBE firms being claimed for credit, Local Agency certifies that all DBE certifications are valid and information on regardless of tier. Written confirmation of each listed DBE is this form is complete and accurate.
required.
08/ 23/ 2024

21. Local Agency Representative' s Signature 22. Date 12. Preparer' s Signature 13. Date Craig Brudin 909- 890- 1255

23. Local Agency Representative' s Name 24. Phone 14. Preparer' s Name 15. Phone Director of Operations

25. Local Agency Representative' s Title 16. Preparer' s Title DISTRIBUTION: Original — Included with consultant' s proposal to local agency.

ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call ( 916) 654- 6410 or TDD ( 916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS- 89, Sacramento, CA 95814.

LPP 18- 01 Page 1 of 2
Janliry 2019
27 Local Assistance Procedures Manual Exhibit 10- 02
Consultant Contract DBE Commitment
EXHIBIT 10- 02 CONSULTANT CONTRACT DBE COMMITMENT

1. Local Agency: City of Highland 2. Contract DBE Goal: 22. 2%

3. Project Description: Construction Management and Inspection Services for the Natural Parkland Trails Project

4. Project Location: City of Highland

5. Consultant's Name: Engineering Resources of southern California, Inc. 6. Prime Certified DBE: 7. Total Contract Award Amount: $ 191 , 01 7. 85

8. Total Dollar Amount for ALL Subconsultants: $ 30, 381. 00 9. Total Number of ALL Subconsultants: 1

10. Description of Work. Service, or Materials
Supplied

11. DBE
Certification
Number

12. DBE Contact Information

13. DBE
Dollar
Amount
Geotechnical Inspection and Materials CUCP # 45365 Aragon Ge technical Bldg. B 30, 381. 01
Testing Riverside, CA 92504
Local Agency to Complete this Section
30, 381

20. Local Agency Contract
Niinnhar- 14. TOTAL CLAIMED DBE PARTICIPATION

15. 90

21. Federal - Aid Project Number:

22. Contract Execution
natP
Local Agency certifies that all DBE certifications are valid and information on this form is complete and accurate.

IMPORTANT: Identify all DBE firms being claimed for credit, regardless of tier. Written confirmation of each listed DBE is required.
8/ 23/ 24

23. Local Agency Representative' s Signature 24. Date 15. Preparer's Signature 16. Date Craig Brudin 909- 890- 1255

25. Local Agency Representative' s Name 26. Phone 17. Preparer' s Name 18. Phone Director of Operations

27. Local Agency Representative' s Title 19. Preparer' s Title DISTRIBUTION: 1. Original - Local Agency

2. Copy - Caltrans District Local Assistance Engineer ( DLAE). Failure to submit to DLAE within 30 days of contract execution may result in de -obligation of federal funds on contract.

ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call ( 916) 654- 6410 or TDD ( 916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS- 89, Sacramento, CA 95814.

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