Highland City Council
May 13, 2025

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4. That said report shall stand as the Engineer's Report for the purposes of all subsequent proceedings, and pursuant to the proposed district.

APPROVED AND ADOPTED this 13t" day of May 2025.

Penny Lilburn
Mayor
ATTEST:

Alondra Munoz
City Clerk

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ATTACHMENT 3
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RESOLUTION NO. 2025-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HIGHLAND,

CALIFORNIA DECLARING ITS INTENTION TO LEVY AND
COLLECT ASSESSMENTS FOR FISCAL 2025- 26 IN STREET AND
DRAINAGE MAINTENANCE DISTRICT NO. 96- 1, AN ASSESSMENT DISTRICT,

AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO The City Council of the City of Highland, pursuant to the provisions of the Benefit Assessment Act of 1982 codified in Government Code Section 54703 et seq. of the State of California, does resolve as follows:

Description of Work
SECTION 1. That the public interest and convenience requires and it is in the intention of the City Council of the City of Highland, California, to order the following work be done, to wit:

1. Maintenance and servicing of streets and drainage structures as authorized by Section 54703 of the Government Code.

2. Any and all work and materials appurtenant thereto or which are necessary or convenient for the maintenance and servicing thereof.

Location of Work
SECTION 2. ( 1) The Zone 1 described work is to be located within an access easement located between Nye Street and Base Line shown as Emergency Access on the final map of Tract 15663, which is on file in the City Clerk' s office. ( 2) The Zone 2 described work is to be located within roadway, right- of-way or drainage easement within and outside the incorporated boundaries of the City of Highland, along Greenspot Road, Calle Del Rio Street, Mission Street, more particularly described on drainage improvements plans for Tract 14326, 14326- 1 and 14326- 2, which are on file in the City Engineer' s office. ( 3) The Zone 3 described work is to be located within roadway, rightof-way or drainage easements along Boulder Avenue as shown on drainage improvement plans for the Walgreens Pharmacy located at the southeast corner of Base Line and Boulder Avenue. ( 4) The Zone 4 described work is to be located within the alley that connects Carriage Hill Drive to Coachman Lane. ( 5) The Zone 5 described work is to be located within roadway, right-of-way on drainage easements along Santa Ana Canyon Rd., Marianne Way, and Alta Vista Drive. ( 6) The Zone 6 described work is to be located within roadway, right- of-way or drainage easements

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along Streater Drive and Sycamore Drive as shown on the drainage improvement plans for Tract 15969 and 15969- 1, which are on file in the City Engineer' s office. ( 7) The Zone 7 described work is to be located within the connector road located between Boulder Avenue and Stoney Creek Drive as shown as " Access Easement A" on Parcel Map 15687 which is on file in the City Clerk' s office. ( 8) The Zone 8 described work is to be located within roadway, right- of-way or drainage easements along Marshall Court. 9) The Zone 9 described work is to be located within roadway, right-of-way or drainage easements as shown on the drainage improvement plans for Tract 14757, which are on file in the City Engineer's office. ( 10) The Zone 10 described work is to be located within roadway, right- of-way, or drainage easements as shown on the drainage improvement plans for Tract 16607, which are on file in the City Engineer's office. ( 11) The Zone 11 described work is to be located within roadway right- of-way, or drainage easements as shown on the drainage improvement plans for Tract 15960, which are on file in the City Engineer' s office. ( 12) The Zone 12 described work is to be located within roadway right- of-way, or drainage easements as shown on the drainage improvement plans for Tract 16914. ( 13) Zone 13 described work is to be located within the roadway right-ofway, or drainage easements as shown on the drainage improvement plans for Tract 17590. ( 14) Zone 14 described work is to be located within the roadway right-of-way, or drainage easements as shown on the drainage improvement plans for Tract 17263. 15) Zone 15 described work is to be located within the roadway right-of-way, or drainage easements as shown on the drainage improvement plans for Tract 18199, which are on file in the City Engineer' s office. ( 16) Zone 16 described work is to be located within the roadway right- of-way, or drainage easements as shown on the drainage improvement plans for the commercial development known as San Manual Village, which are on file in the City Engineer' s office. ( 17) Zone 17 described work is to be located within the roadway right- of-way, or drainage easements as shown on the drainage improvement plans for Tract 18677, which are on file in the City Engineer' s office. ( 18) Zone 18 described work is to be located within the roadway right-of-way, or drainage easements as shown on the drainage improvement plans for Tract 17682, which are on file in the City Engineer' s office. ( 19) Zone 19 described work is to be located within the roadway right- of-way, or drainage easements as shown on the drainage improvement plans for Tracts 16745 and 18935, which are on file in the City Engineer' s office. ( 20) Zone 20 described work is to be located within the roadway rightof-way, or drainage easements as shown on the drainage improvement plans for Parcel map 19824, which are on file in the City Engineer' s office. 21) Zone 21 described work is to be located within the roadway right- of-way, or drainage easements as shown on the drainage improvement plans for Parcel map 20455 and Tract map 18013, which are on file in the City Engineer's office. 22) Zone 22 described work is to be located within the roadway right-of-way, or drainage easements as shown on the drainage improvement plans for Tract map 20142, which are on file in the City Engineer' s office.

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Description of Assessment District
SECTION 3. That the contemplated work, in the opinion of said City Council, is of more local than ordinary public benefit, and the said City Council hereby makes the expense of said work chargeable upon a district, which said district is described as follows: ( 1) Zone 1: All that certain territory of Subdivision Tract 15663 within the City of Highland, and a commercial parcel of land described as the " remainder parcel of Tract 15663," recorded in Map Book 260 and Page 79 thru 83, San Bernardino County, ( 2) Zone 2:
all that certain territory of Tentative Tract 14326, 14326- 1, and 14326- 2, and recorded in Parcel Map Book 160 and Page 26 thru 28 San Bernardino County as Parcel Map No. 13639, ( 3) Zone 3: all that certain territory described as Parcel 1, Certificate of Compliance No. 99-011, and recorded as Document No. 19990399965, San Bernardino County, ( 4) Zone 4: all that certain territory of Subdivision Tract 7996 and recorded in Map Book 110, Page 97 thru 98, and Tract 8718 and recorded in Map Book 119 Page 45 thru 47, San Bernardino County, ( 5) Zone 5: all that certain territory of Subdivision Tract 15375, and recorded in Map Book 282 and Page 73 thru 75, San Bernardino County, ( 6) Zone 6: all that certain territory of Subdivision Tract 15969 and 15969- 1, and recorded in Map Book 281 and Page 95 thru 97, and Map Book 281 and Page 92 thru 94 respectively, ( 7) Zone 7: Parcels 3, 4, and 5 of Parcel Map 15687 and recorded in Parcel Map Book 193, Page 38 thru 39, San Bernardino County, ( 8) Zone 8: all that certain territory of Subdivision Tract 16404 and recorded in Map Book 297, and Page 4 thru 7 respectively, ( 9) Zone 9: all that certain territory of Tract 14757 in Map Book 303,

Pages 25 & 26; ( 11) Zone 11: all that certain territory of Tentative Subdivision Tract 15960; ( 12) Zone 12: all that certain territory of Tentative Subdivision Tract 16914. ( 13) Zone 13: all that certain territory of Tentative Subdivision Tract 17590; ( 14) Zone 14: all that certain territory of Tentative Subdivision Tract 17263; ( 15) Zone 15: all that certain territory of Tentative Subdivision Tract 18199; ( 16) Zone 16: all that certain territory of Assessor' s Parcel Number' s 1200- 081- 01- 0000 and 1200- 081- 03- 0000; ( 17) Zone 17:
all that certain territory of Tentative Subdivision Tract 18677; ( 18) Zone 18: all that certain territory of Tract 17682, ( 19) Zone 19: all that certain territory of Tracts 16745 and 18935. ( 20) Zone 20: all that certain territory of Parcel map 19824. ( 21) Zone 22: all that certain territory of Parcel map 20455 and Tract map 18013. ( 22) Zone 22: all that certain territory of Tract map 20142.

Report of the Engineer
SECTION 4. The City Council of said City by Resolution No. 2025- has accepted the report of the Engineer of Work, which report indicates the amount of the proposed assessment, the property to be assessed, detailed description of improvements, and the method of assessment. The report titled " Engineer's Report for City of Highland, Street and Drainage District No. 96- 1" is on file in the Office of the City Clerk of said City and was prepared for the 2025- 26 Fiscal Year in accordance with The Benefit Assessment

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Act of 1982. Reference to said report is hereby made for all particulars for the amount and extent of the assessments and for the extent of the work.

Collection of Assessments
SECTION 5. The assessment shall be collected at the time and in the same manner as County taxes are collected. The Engineer of Work shall file a report annually with the City Council of said City and said Council will annually conduct public hearings upon said report as required by law, at which time assessments for the next fiscal year will be determined.

Time and Place of Hearing
SECTION 6. Notice is hereby given that on the loth day of June 2025, at 6. 00 p. m., or as soon thereafter as may be heard, the City Council of the City of Highland will hold a public hearing and any and all persons having any objection to the work or extent of the assessment district, may appear and show cause why said work should not be done or carried out in accordance with this Resolution of Intention. The City Council will consider all oral and written protests.

You may submit your comments by email in advance to the City Clerk at publiccomment@cityofhighland. org and include " Street and Drainage Maintenance District No. 96- l" in the title. Any written comments received in this manner will be included as part of the public record on this matter.

Benefit Act of 1982
SECTION 7. All of the work herein proposed shall be done and carried through in pursuance of the act of the legislature of the State of California designated as the Benefit Act of 1982, being Chapter 6. 4, Division 2, Title 5 of the Government Code of the State of California.

Exclusion of Public Property
SECTION 8. All lots or parcels belonging to public agencies shall be omitted from assessments to be made hereafter to cover the costs and expenses of the Work.

Publication of Notice
SECTION 9. Published notice shall be made pursuant to Section 6063 of the Government Code. The publication of notice of hearing shall be completed at least 10 days prior to the date of hearings.

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Certification
SECTION 10. The City Clerk shall certify to the adoption of this Resolution.

APPROVED AND ADOPTED this 13t" day of May 2025.

Penny Lilburn
Mayor
ATTEST:

Alondra Munoz
City Clerk

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STAFF REPORT

TO THE CITY COUNCIL
DATE: May 13, 2025
FROM: Carlos Zamano, City Manager
REVIEWED BY: Octavio Duran, Public Works Director/City Engineer 670 PREPARED BY: Melissa Morgan, Public Services Manag ;
SUBJECT: Consolidated Landscape and Lighting District 96- 1 Annual Report (Fiscal Year 2025/ 26)
SB 1439 Campaign Contributions and Conflicts of Interest - Government Code Section 84308 is applicable)
RECOMMENDATION: Staff recommends the City Council:
1) Adopt Resolution 2025- giving preliminary approval of the Annual Report; and
2) Adopt Resolution 2025- setting June 10, 2025 as the date of the protest hearing.

FISCAL IMPACT: Total proposed amounts for 2025/ 26 assessment are as follows:

Zone A ( Lighting) $ 346, 476. 00
Zone B ( Landscape) 536, 328. 00
Zone C ( Trail) 16, 719. 00
Zone D ( Park) 117, 872. 00
TOTAL $ 1, 017, 395. 00
Approved Motion Second Agenda Item No. _ 5
Denied Ayes
Continued Noes File No.

Tabled Abstain
Absent
City Clerk er
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City Council Meeting of
May 13, 2025
Landscape and Lighting District 96- 1
Annual Report ( Fiscal Year 2025/26)

For FY 2025/ 26 Zone A will have an estimated budget deficit of $170, 730 and Zone B will have an estimated budget deficit of $278, 755. The City' s share for Park Maintenance in Zone D ( Park) is estimated to be $ 80, 328.

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 City' s Consolidated Landscape and Lighting District 96- 1 consists of four zones. They are Zone A (Lighting), Zone B ( Landscape), Zone C ( Trail) and Zone D ( Park).

Each zone is further divided into several sub -zones. The revenues and expenditures of each sub - zone are tracked separately so that a separate budget can be prepared, and a separate assessment amount can be projected for each sub -zone.

On January 28, 2025, the City Council adopted Resolution No. 2025- 003 which directed the Engineer of Work" to make and file with the City Clerk the Fiscal Year 2025/26 Annual Report that is attached hereto as Attachment 1. The proposed Resolution, attached hereto as Attachment 2, gives preliminary approval of the Engineer' s Report. The proposed Resolution, attached hereto as Attachment 3, sets the Protest Hearing for the regularly scheduled City Council meeting on June 10, 2025.

Zone A ( Lighting)
The amount of assessments has been set at the 1993- 94 level with no increase for twenty- seventh consecutive years. It should be noted that in fiscal year 2025/ 26, there will be a negative fund balance in the amount of $170, 730. This is attributed to an increase in the Southern California Edison energy rates and an abnormal increase in the knockdown of light poles. The 2025/ 26 annual assessment will continue for another year as follows:

Zone Land Use Assessment
Urban
A- 1 Residential $ 23. 75
A- 2 Residential Rural $ 20. 51
A- 3 Non -Residential $ 28. 86
A-4 Agricultural $ 7. 71
Rural
A- 5 $ 7. 07
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City Council Meeting of
May 13, 2025
Landscape and Lighting District 96- 1
Annual Report ( Fiscal Year 2025/ 26)

Zone B ( Landscape)
Zone B ( Landscape) will include eighty-four (84) sub -zones in fiscal year 2025/ 26. Forty-seven 47) sub -zones are currently maintained by the City. Landscaping of thirty- seven ( 37) sub -zones are being maintained by the property owners.

For fiscal year 2025/ 26, sixteen ( 16) sub -zones will remain at their current assessment level, thirtyone ( 31) sub -zones are proposed to be increased by five percent ( 5%), thirty- seven ( 37) sub - zones will have zero assessment. The proposed 5% increase of assessments do not require separate approval of the property owners because the increase is within the percentage of annual adjustment previously approved in the original ballot. It should be noted that in fiscal year 2025/ 26 there will be a projected budget deficit in the amount of $268, 654. In addition, fifteen ( 15) sub - zones do not allow for an increase in assessment rate without re -balloting. Under the direction of the Finance subcommittee, Staff is currently exploring options to reduce costs and/ or increase the assessments for those fifteen ( 15) sub -zones that have a negative fund balance.

For comparison purposes, below are the 2022/ 23, 2023/ 24, 2024/ 25 and the proposed 2025/ 26 assessment:

Zone Tract/ Proposed
B Parcel Map Developer 2022/ 23 2023/ 24 2024/ 25 2025/ 26

31. 42 - 31. 42 - 31. 42 - 31. 42 -
B- 0 12484 Centex

45. 28 45. 28 45. 28 45. 28
10102 31. 24 - 31. 24 - 31. 24 - 31. 24 -
B- 1
10102- 5
Pulsar

34. 36 34. 36 34. 36 34. 36
13936 JM Dev./ 30. 14 - 30. 14 - 30. 14 - 30. 14 -
B 2
1- 2- 3 Forecast Homes 33. 15 33. 15 33. 15 33. 15
12474 7. 85 - 7. 85 - 7. 85 - 7. 85 -
B- 3
12474- 1
Centex

8. 64 8. 64 8. 64 8. 64
108. 94 - 108. 94 - 108. 94 - 108. 94 -
B- 4 11181 Sexton
119. 83 119. 83 119. 83 119. 83

30. 90 - 30. 90 - 30. 90 - 30. 90 -
B- 5 13956 Raleco

33. 99 33. 99 33. 99 33. 99
Kaufman & 54. 74 - 54. 74 - 54. 74 - 54. 74 -
B- 6 14190
Broad 60. 21 60. 21 60. 21 60. 21

38. 30 - 38. 30 - 38. 30 - 38. 30 -
B- 7 13237 Low

42. 13 42. 13 42. 13 42. 13
Highland 63. 61 - 63. 61 - 63. 61 - 63. 61 -
B- 8 13315
Pointe 297. 05 297. 05 297. 05 297. 05
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City Council Meeting of
May 13, 2025
Landscape and Lighting District 96- 1
Annual Report ( Fiscal Year 2025/ 26)

Zone Tract/ Proposed
B Parcel Map Developer 2022/ 23 2023124 2024/ 25 2025/ 26 Canyon 888. 75 - 888. 75 - 888. 75 - 888. 75 -
B- 9 PM 12821
North 2, 103. 75 2, 103. 75 2, 103. 75 2, 103. 75

46. 15 - 46. 15 - 46. 15 - 46. 15 -
B- 10 14326 SunCal

50. 77 50. 77 50. 77 50. 77
14398 Kaufman & 24. 78 - 24. 78 - 24. 78 - 24. 78 -
B- 11
1, - 2, - 3 Broad 27. 26 27. 26 27. 26 27. 26
B- 12 PM 14063
Smith' s
Food 4 Less)
Zero Zero Zero Zero
14095, 42. 30 - 42. 30 - 42. 30 - 42. 30 -
B- 13
1 Braemar

46. 53 46. 53 46. 53 46. 53
B- 14 Various
East Highlands
Zero Zero Zero Zero
Ranch

31. 82 - 31. 82 - 31. 82 - 31. 82 -
B- 15 10726 Centex

35. 00 35. 00 35. 00 35. 00
B- 16
15583
Gardner

17. 87 - 17. 87 - 17. 87 - 17. 87 -
15609 19. 65 19. 65 19. 65 19. 65
7996 48. 96 - 48. 96 - 48. 96 - 48. 96 -
B- 17
8718
Carriage Hills
195. 84 195. 84 195. 84 195. 84
B- 18 PM 14475 Arco Zero Zero Zero Zero
B- 19 PM 14615 Beaver Zero Zero Zero Zero
143. 18 - 150. 34 - 157. 86 - 165. 75 -
B- 20 15618 Stratham
157. 50 165. 37 173. 64 182. 33

80. 39 - 84. 41 - 88. 63 - 93. 07 -
B- 21 15788 Gardner

88. 43 92. 86 97. 50 102. 37
Centex/ 28. 64 - 30. 07 - 31. 57 - 33. 15 -
B- 22 14362
SunCal 31. 50 33. 08 34. 73 36. 47
B- 23 PM 15119 Landmark Zero Zero Zero Zero
B- 24 15788 Gardner 5, 584 5, 863 6, 147 6, 466
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City Council Meeting of
May 13, 2025
Landscape and Lighting District 96- 1
Annual Report ( Fiscal Year 2025/ 26)

Zone Tract/ Proposed
B Parcel Map Developer 2022123 2023/ 24 2024/ 25 2025126 B- 25 N/ A San Manuel 9, 296 9, 765 10, 251 10, 754
B- 26 PM 15438 Walgreen' s 5, 505 5, 779 6, 068 6, 371
B- 27 N/ A McDonald' s Zero Zero Zero Zero
B- 28 N/ A Orco Products Zero Zero Zero Zero
B- 29 N/ A
Wendy' s/ 5, 236 5, 502 5, 767 6, 064
Gardner
176. 57 - 185. 40 - 194. 67 - 204.41 -
B- 30 15375 Centex
194. 23 203. 94 214. 14 224. 85
15969 & Harwood 247. 98 - 260. 38 - 273. 40 - 287. 07 - B- 31
15969- 1 Homes 272. 78 286. 42 300. 74 315. 78
B- 32 N/ A
Universal
Zero Zero Zero Zero
Storage
B- 33 N/ A Check Cashing Zero Zero Zero Zero

92. 19 - 96. 79 - 101. 63 - 106. 71 -
B- 34 16404 Gardner
101. 40 106. 47 111. 80 117. 39
Highland 66. 70 - 70. 04 - 73. 54 - 77. 22 -
B- 35 14757
Orchards 73. 37 77. 04 80. 89 84. 94
B- 36 16543
Mountain
1, 652. 00 1, 734. 60 1, 821. 33 1, 912. 40
Shadows
Highland 192. 25 - 201. 86 - 211. 96 - 222. 55 -
B- 37 16607
Meadows 211. 48 222. 05 233. 15 244. 81
B- 38 PM 9112
Pro -Cast
Zero Zero Zero Zero
Properties
Highland 369. 35 - 387. 82 - 407. 21 - 427. 57 -
B- 39 15960
Orchards 406. 29 426. 60 447. 94 470. 33
B- 40 PM 16788
Valencia Lea
Zero Zero Zero Zero
Mobile Home
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City Council Meeting of
May 13, 2025
Landscape and Lighting District 96- 1
Annual Report ( Fiscal Year 2025/ 26)

Zone Tract/ Proposed
B Parcel Map Developer 2022123 2023124 2024/ 25 2025/26 B- 41 16914 Toll Bros. Zero Zero Zero Zero
B- 42 N/ A Abdon Lucero Zero Zero Zero Zero
569. 54 - 598. 01 - 627. 91 - 659. 31 -
B- 43 17590 Gardner 626.49 657.81 690. 71 725. 24
812. 40 - 853. 02 - 895. 67 - 940. 46 -
B- 44 17263 Williams Homes 893. 64 938. 32 985. 24 1, 034. 50 B- 45 PM 17957 CVS/ Bakers Zero Zero Zero Zero
B- 46 PM 18012 Citicom Zero Zero Zero Zero
236. 17 - 247. 98 - 260. 38 - 273.40 -
B- 47 18199 Gardner 259. 79 272. 78 286. 42 300. 74
B- 48 Various
Greenspot 83, 252 87, 043 91, 362 95, 570
Median/ Parkways
B- 49 N/ A Farmer Bros Zero Zero Zero Zero
B- 50 N/ A
Fifth Street
Zero Zero Zero Zero
Medians
B- 51 N/ A
Jack--iion- theZero Zero Zero Zero
B- 52 N/ A
Jack -in -the- Zero Zero Zero Zero
Box Median
B- 53 PM 19025
Valero Gas Zero Zero Zero Zero
Station
B- 54 N/ A
Baseline
14, 937 15, 684 16, 468 17, 291
Parkways
696. 51 - 731. 34 - 767. 91 - 806. 30 -
B- 55 18677 Williams Homes
766. 17 804. 48 844. 70 886. 94
B- 56 18677 Williams Homes 82. 21 86. 32 90. 64 95. 17
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City Council Meeting of
May 13, 2025
Landscape and Lighting District 96- 1
Annual Report ( Fiscal Year 2025/ 26)

Zone Tract/ Proposed
B Parcel Map Developer 2022/ 23 2023/ 24 2024/ 25 2025126 B- 57 N/ A
Dairy Queen Zero Zero Zero Zero
Parkway
B- 58 N/ A
Dairy Queen Zero Zero Zero Zero
Median
1, 194. 53 — 1, 254. 25 — 1, 316.97 — 1, 382. 81 —
B- 59 N/ A DFI Olive, Inc.
1, 313. 98 1, 379. 68 1, 448. 67 1, 521. 09
B- 60 PM 19376 Family Dollar, Inc. Zero Zero Zero Zero
B- 61 Various
Base Line Town
g 391 9, 860 10, 353 13, 234
Center Medians
B- 62 N/ A Jae Kim Zero Zero Zero Zero
B- 63 N/ A
Brightwater
9, 485 9, 960 10, 457 10, 980. 37
Medians
B- 64 N/ A
Brightwater
Zero Zero Zero Zero
Parkway
B- 65 N/ A EVWD Parkway Zero Zero Zero Zero
B- 66 N/ A EVWD Median Zero Zero Zero Zero
B- 67 N/ A Potomac Plaza Zero Zero Zero Zero
B- 68 N/ A
Richmond
398. 85 418. 79 439. 72 461. 71
American Parkway
B- 69 N/ A
Richmond

59. 05 62. 00 65. 10 68. 36
American Medians
B- 70
16745 &
Diversified Pacific 421. 98 443. 08 465. 23 488. 49
18935
B- 71 N/ A Am/ PM Arco Zero Zero Zero Zero
B- 72 PM 19742 Smart & Final Zero Zero Zero Zero
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City Council Meeting of
May 13, 2025
Landscape and Lighting District 96- 1
Annual Report ( Fiscal Year 2025/ 26)

Zone Tract/ Proposed
B Parcel Map Developer 2022/ 23 2023/ 24 2024/ 25 2025/ 26 Real Journey
B- 73 N/ A Academies 4, 254 4,467 4, 690. 33 4, 924. 85 median
Real Journey
B- 74 N/ A Academies Zero Zero Zero Zero
parkway)
B- 75 N/ A Panda Express Zero Zero Zero Zero
B- 76 N/ A
East Baseline
926 972 1, 021 1, 072
Medians
B- 77 N/ A Jack in the Box Zero Zero Zero Zero
Transition
B- 78 N/ A Properties Zero Zero Zero Zero
parkway)
Transition
B- 79 N/ A Properties 12, 364 12, 982 13, 631 14, 312. 58 median
B- 80 N/ A
Pepitos
Zero Zero Zero Zero
median)
B- 81 N/ A
Pepitos
Zero Zero Zero Zero
parkway)
Smith' s
B- 82 N/ A Food/ Food- 4- Less 7, 560 7, 938 8, 335 8, 751. 64 median
B- 83 N/ A
7- 11
parkway)
Zero Zero Zero Zero
Zone C ( Trail)
Zone C ( Trail) has nine ( 9) sub -zones. For fiscal year 2025/ 26, all nine ( 9) existing annexations are proposed to be increased. The proposed 5% increase of assessments do not require separate approval of the property owners because the increase is within the percentage of annual adjustment previously approved in the original ballot.
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City Council Meeting of
May 13, 2025
Landscape and Lighting District 96- 1
Annual Report ( Fiscal Year 2025/ 26)

Below are the proposed assessments:

Zone Proposed
C Tract Developer 2022/ 23 2023/ 24 2024/ 25 2025/ 26
C- 1
14629
Centex 22. 23 23. 34 24. 50 25. 72
14629- 1
C 2
15689
Gardner 17. 20 18. 06 18. 96 19. 90
15583
C- 3 15374 Centex 30. 80 32. 34 33. 95 35. 64
C- 4
15969 Harwood
22 23 23. 34 24. 50 25. 72
15969- 01 Homes
C- 5 14757
Highland
22 23 23. 34 24. 50 25. 72
Orchards
C- 6 15960
Highland

54. 73 57. 46 60. 33 63. 34
Orchards
C- 7 16914 Toll Bros. 30. 80 32. 34 33. 95 35. 64
C- 8 17263 Hidden Creek 82. 10 86. 20 90. 51 95. 03
C 9
16745 &
Diversified Pacific 19. 15 20. 10 21. 10 22. 15
18935
Zone D ( Park)
For fiscal year 2025/ 26, all four ( 4) existing annexations are proposed to be increased. The proposed 5% increase of the assessment does not require separate approval of the property owners because the increase is within the percentage of annual adjustment previously approved in the original ballot. The City will be responsible for 40% for all 4 sub -zones on behalf of the general public, and residents will be responsible for 60% to account for the special benefit they receive. The City' s share for Park Maintenance in Zone D is estimated to be $ 80, 328. -9-
City Council Meeting of
May 13, 2025
Landscape and Lighting District 96- 1
Annual Report ( Fiscal Year 2025/ 26)

Assessment to individual property owners within Zone D will be as follows:

Zone
D Tract Developer 2022/ 23 2023/ 24 2024/ 25
Proposed
2025126
D- 0
14629/
14757
Centex 85. 21 89. 47 93. 94 98. 63
D- 1 16404 Gardner 359. 18 377. 13 395. 98 415. 77
D- 2 16914 Toll Bros. 581. 51 610. 58 641. 10 673. 15
D- 3 18199 Gardner 812. 41 853. 03 895. 68 940. 46
Attachment: 1) Landscape and Lighting District No. 96- 1 2025/ 26 Engineer' s Report 2) Resolution No. 2025- giving preliminary approval of the Annual Report. 3) Resolution No. 2025- setting Protest Hearing for June 10, 2025. -10-
ATTACHMENT 1
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CITY OF HIGHLAND

ENGINEER' S REPORT

CONSOLIDATED LANDSCAPE AND LIGHTING
DISTRICT NO. 96- 1
FISCAL YEAR 2025- 26

SAN BERNARDINO COUNTY, CALIFORNIA
April 29, 2025

PREPARED BY
Y Harris & Associates
101 Progress, Suite 250
Irvine, CA 92618
www. weareharris. com
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City of Highland
Consolidated Landscape and Lighting District No. 96- 1

CITY COUNCIL
Penny Lilburn, Mayor
Larry McCallon, Mayor Pro Tern
Gregory Hogan, Council Member
Jimmy Saldana, Council Member
John P. Timmer, Council Member

CITY STAFF
Carlos Zamano, City Manager
Leticia Nava -Cruz, Director of Administrative Services Melissa Morgan, Public Services Manager

HARRIS & ASSOCIATES
Alison M. Bouley, P. E., Assessment Engineer
Chris Thomas, Project Manager
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Engineer' s Report
Consolidated Landscape and Lighting District No. 96- 1
I
Harris & Associates
City of Highland
Fiscal Year 2025- 26
Engineer' s Certification..........................................................

PartI - Overview....................................................................

Part II - Plans and Specifications ............................................

Part III — Cost Estimate...........................................................

Part IV - Method of Assessment ............................................

Appendix A — Assessment Diagram .......................................

Appendix B- Assessment Roll ................................................. i
1 2
6 16
42 43
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Engineer' s Report
Consolidated Landscape and Lighting District No. 96-1 ( Harris & Associates City of Highland
Fiscal Year 2025- 26
AGENCY: THE CITY OF HIGHLAND
PROJECT: CONSOLIDATED LANDSCAPE AND LIGHTING DISTRICT NO. 96- 1 TO: THE CITY COUNCIL OF THE

CITY OF HIGHLAND

STATE OF CALIFORNIA
ENGINEER' S REPORT FOR FISCAL YEAR 2025- 26
WHEREAS, the City Council of the City of Highland (the " City"), State of California, under the Landscaping and Lighting Act of 1972 ( the " 1972 Act" or " Assessment Law") established Landscape and Lighting District known and designated as " Consolidated Landscape and Lighting District No. 96- 1", ( hereafter referred to as " LLD 96- 1" or the " District"); and
WHEREAS, Harris & Associates has been directed to prepare and file an Engineer' s Report. The purpose of the proposed assessment covered in this Engineer' s Report is for the levy of the assessments shown for Fiscal Year 2025- 26, and includes the reason for the proposed assessment, identifies the parcels upon which the assessment is proposed for imposition, and presents a basis upon which the assessment is to be calculated.

NOW THEREFORE, the following assessment is proposed to be authorized in order to pay the estimated costs of maintenance, operation and servicing of the improvements to be paid by the assessable real property within the boundaries of the District in proportion to the special benefit received. The following table summarizes the proposed assessment for Fiscal Year 2025- 26. -15-
Engineer' s Report
Consolidated Landscape and Lighting District No. 96-1
I
Harris & Associates
City of Highland
Fiscal Year 2025- 26

SUMMARY OF ASSESSMENT
Fiscal Year 2025- 26
As Preliminary
Approved
Fiscal Year 2025- 26
As Confirmed by
Council
Zone A - Street Lighting 346, 476
Zone B- Landscape Maintenance 536, 328
Zone C- Trail Maintenance 16, 719
Zone D- Park Maintenance 117, 872
Estimated Total Levy FY 2025- 26 1, 017, 395
In making the assessments contained herein pursuant to the Assessment Law:

1. 1 identified all parcels which will have a special benefit conferred upon them from the improvements described in Part II to this Engineer' s Report ( the " Specially Benefited Parcels").

For particulars as to the identification of said parcels, reference is made to the Assessment Diagram, a copy of which is included in Appendix A of this Engineer' s Report.

2. 1 have assessed the costs and expenses of the improvements upon the Specially Benefited Parcels.

In making such assessment:
a. The proportionate special benefit derived by each Specially Benefited Parcel from the improvements was determined in relationship to the entirety of the maintenance costs of the improvements;
b. No assessment has been imposed on any Specially Benefited Parcel which exceeds the reasonable cost of the proportional special benefit conferred on such parcel from the improvements; and
c. Assessment rates for Zone B- 20, B- 21, B- 22, B- 24, B- 25, B- 26, B- 29, B- 30, B- 31, B- 34, 13- 35, B- 36, B- 37, B- 39, B- 43, B- 44, B- 47, B- 48, B- 54, B- 55, B- 56, B- 59, B- 61, B- 63, B- 68, B- 69, B- 70, B- 73, B- 76, B- 79 and B- 82 were increased by 5% for Fiscal Year 2025- 26, pursuant to the ballots approved by the property owners at the time of annexation to the District.

All other Zone B assessment rates and conditions have not changed from the previous year.
-16-
Engineer' s Report
Consolidated Landscape and Lighting District No. 96-1
I
Harris & Associates
City of Highland
Fiscal Year 2025- 26
d. Assessment rates for Zone C- 1 through C- 9 were increased by 5% for Fiscal Year 2025- 26, pursuant to the ballots approved by the property owners at the time of formation of the Community Trail Zone or annexation to the zone.
e. Assessment rates for Zone D- 0 through D- 3 were increased by 5% for Fiscal Year 2025- 26, pursuant to the ballots approved by the property owners at the time of formation of the Park Maintenance Zone or annexation to the zone.
f. Any general benefits from the improvements have been separated from the special benefits and only special benefits have been assessed.

I, the undersigned, respectfully submit the enclosed Engineer' s Report and, to the best of my knowledge, information and belief, the Engineer' s Report, Assessments, and the Assessment Diagram herein have been prepared and computed in accordance with the order of the City Council of the City of Highland and the Assessment Law.

DATED: April 29, 2025
iiHarris & Associates
Alison M. Bouley, P. E., Assessment Engineer
R. C. E. No. C61383
Engineer of Work
County of San Bernardino
State of California
-17-
Engineer' s Report
Consolidated Landscape and Lighting District No. 96-1
City of Highland
Fiscal Year 2025-26
Background of District
Harris & Associates
The City of Highland Landscape and Lighting District No. 96- 1 was formed in 1996 to provide a dedicated source of funding for the operation and servicing of street lights and the maintenance of landscaping, trails and parks within development projects in the City. New developments within the City have been required to annex to the District as a condition of approval based upon the specific improvements within the project area and the special benefits received by parcels from the improvements. The assessments and methods of apportionment described in this Report utilize commonly accepted assessment engineering practices and have been calculated and proportionately spread to each parcel based on the special benefits received as approved by the City Council at the time the District was formed.

Reason for Proposed Assessment
Approval of the proposed assessment covered by this Engineer' s Report will generate the revenue necessary to:

A. Provide for the continued operation, servicing and maintenance of street lighting, landscaping, trails and park facilities within the zones of benefit forthe improvements described in Part II. Maintenance may include but is not limited to, all of the following: the upkeep, repair, removal or replacement of all or any part of the specified improvements. Servicing means the furnishing of electric current or energy, gas or other illuminating agent for the public lighting facilities. This shall also include material, vehicle, equipment, capital improvements and administrative costs associated with the annual administration and operation of the District.

B. The District does not include an overall annual cost of living inflator; however specific benefit zones B- 20 through B- 83, C- 1 through C- 9, D- 0 through D- 3) do allow an annual increase in assessments as approved by the property owners at the time of annexation to the District. Any future increase in assessment in benefit zones which do not have an annual cost of living inflator will require the approval of a majority of the property owners in accordance with the requirements of Article XIIID of the Constitution of the State of California (" Article XIIID") and the Proposition 218 Omnibus Implementation Act.

C. Certain zones are presently established, or will be established, for future maintenance work to be accomplished by the City of Highland should the property owner( s) not perform landscape maintenance to the satisfaction of the City of Highland. The City will levy a $ 0. 00 assessment in those zones where the property owner( s) continues to maintain the improvements at a level acceptable to the City.
1 -18-
Engineer' s Report
Consolidated Landscape and Lighting District No. 96- 1
City of Highland
Fiscal Year 2025- 26
Descriptions of the Boundaries of the District
Harris & Associates
The District provides for the continued administration, maintenance, operations, and servicing of various improvements located within the public right- of-way and dedicated easements within the boundaries of the District including street lighting, landscaping, parks and trails.

The District is located in the City of Highland. The boundaries of the District are generally coterminous with the City Boundaries. In addition, there are four (4) Benefit Zones, Zone A — Lighting which has 5 sub - zones, Zone B — Landscaping which has 83 sub -zones, Zone C — Trails which has 9 sub - zones and Zone D — Parks which has 4 sub - zones.

Descriptions of Improvements and Services
The facilities to be maintained and serviced are more generally described as follows:

Zone A- Lighting
The improvements consist of the installation, operation, maintenance and servicing of street lighting, traffic signals, safety lighting, and appurtenant facilities described as follows:

Street, traffic signals and safety lighting improvements are generally described as consisting of poles, fixtures, bulbs, conduits and equipment including guys, anchors, posts and pedestals, metering devices and appurtenant facilities as required to provide lighting in public rights -of -way and public easements within the proposed boundaries of said Assessment District.

Installation as used herein means the addition or upgrading of street lights and safety lighting.

Maintenance as used herein means the furnishing of services and materials for the ordinary and usual operation, maintenance, and servicing of public lighting facilities, and appurtenant facilities, including repair, removal or replacement of all or part of any of the lighting or appurtenant facilities.

Servicing means the furnishing of electric current or energy, gas or other illuminating agent for the public lighting facilities.

Maps showing the location of public lighting facilities to be operated and maintained by the District are on file in the office of the City Engineer.
2 -19-
Engineer' s Report
Consolidated Landscape and Lighting District No. 96- 1
I
Harris & Associates
City of Highland
Fiscal Year 2025- 26
A. Background Information
Street lights at intersections having traffic signals are referred to in this report as " safety lighting".

The terms " street lights" and " safety lighting" do not include " traffic signals".

The luminaries ( lighting fixtures) in the City of Highland are the Common Mast Type. The illuminating unit is exclusively high pressure sodium vapor. The light output or " lumens" for the luminaries varies depending upon the land use and classification of roadway.

In residential areas the lights are primarily either 70 or 100 watt high pressure sodium vapor.

These lights are the mast -arm type of light, either mounted on ornamental standards or wooden poles.

The commercial areas are primarily along Base Line, 9th Street, Palm Avenue and Victoria Avenue.

These streets have primarily 100 watt high pressure sodium vapor luminaries with some 70 and 150 watt high pressure sodium vapor luminaries.

Each type of luminary has a different wattage, and therefore a different average annual maintenance and operation cost. In Fiscal Year 2019- 20 the City completed the acquisition of the street light inventory from Southern California Edison and converted the streetlights to LED.

Street light count and distribution to the zones is assumed to remain the same as FY 2019- 20 with equivalent wattages as shown on the summary provided in Exhibit 1, pages 20 and 21. We performed a review of annual costs compared to budgets since the lighting acquisition and conversion to LED bulbs. The result confirmed a reduction in energy costs for FY 2022- 23 and FY 2023- 24 and the budgeted lighting costs were reduced to reflect that change. For FY 2025- 26, the City budgeted for expected increases in Southern California Edison (" SCE") lighting rates, therefore, the budgeted lighting costs for the Fiscal Year 2025- 26 budget have been increased to reflect that change. The General Fund will adjust as needed to cover the assessment shortfall.

B. Performance of Maintenance Operations
Upon acquisition of the street lights from SCE, the City hired Yunex Traffic ( formerly Siemens Mobility, Inc.) to take over the maintenance of all the street lights within the District including signalized intersections and the maintenance of the safety lighting, or as the case may be, by the City of San Bernardino, the County of San Bernardino, or Caltrans where signalized intersections are owned and/ or operated jointly by those entities.

The responsibility for maintenance may shift between agencies due to changes in ownership of streets and other variables as established by agreement. As such, during the 1993- 94 Fiscal Year, the City began to maintain the lighting located on State Route 30 ( now 210 Freeway), which has been relinquished by the State to the City after the project was completed. Affected streets include Boulder Avenue between Highland Avenue and 5th Street, 5th Street between Boulder 3 -20-
Engineer' s Report
Consolidated Landscape and Lighting District No. 96- 1
I
Harris & Associates
City of Highland
Fiscal Year 2025- 26
Avenue and the 210 Freeway and the south half of Highland Avenue from the 210 Freeway to Boulder Avenue within the City of Highland.

Zone B - Landscaping
The improvements are the operation, maintenance and servicing of landscaping and appurtenant facilities described as follows:

Landscaping includes plantings, shrubbery, trees, turf, irrigation systems, entry monuments, hardscapes, walls and fencing, and appurtenant structures, including ornamental structures in public rights -of -way, public easements, and on City owned properties including parks, recreational facilities and other public open space within the Special Benefit Zones of the Assessment District.

Maintenance as used herein means the furnishing of services and materials for the ordinary and usual operation, maintenance, and servicing of landscape improvements and appurtenant facilities, including repair, removal or replacement of all or part of any of the landscaping or appurtenant facilities.

Maintenance also means providing for the life, growth, health and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; and the removal of trimmings, rubbish, debris and other solid waste.

Servicing means the furnishing of water and electricity for the irrigation of landscaping and the maintenance and operation of appurtenant facilities.

The plans and specifications for the improvements are on file in the office of the City Planner.

Zone C - Trail Facilities
The improvements are the operation, maintenance and servicing of trail improvements and appurtenant facilities described as follows:

Community trail improvements, fencing improvements, and appurtenant improvements including but not limited to lighting, gates, walks, hardware, landscape barriers, soil replacement, and other improvements as initially installed, or as proposed to be installed as approved by the City.

Maintenance as used herein means the furnishing of services and materials for the ordinary and usual operation, maintenance, and servicing of improvements and appurtenant facilities, including repair, removal or replacement, and painting of all or part of any of the improvements or appurtenant facilities.

Maintenance is further defined as trash removal, debris removal, insect abatement, weed abatement, removal or mitigation of health and safety hazards, and upkeep of the general cleanliness of the trail improvements.
4 -21-
Engineer' s Report
Consolidated Landscape and Lighting District No. 96- 1
I
Harris & Associates
City of Highland
Fiscal Year 2025- 26
Servicing means the furnishing of electricity, power, and water for the irrigation of landscaping, and the maintenance and operation of appurtenant facilities.

The plans and specifications for the improvements are on file in the office of the City Planner.

Zone D - Park Facilities
The improvements are the operation, maintenance and servicing of landscaping, park or recreational improvements and appurtenant facilities within the Canyon Oaks Park, the park located adjacent to Tract 16404, the park adjacent to Tract 16914 and the park adjacent to Tract 18199, including but not limited to:

Park and recreational improvements include lights, playground equipment, and play courts. Landscaping includes plantings, shrubbery, trees, turf, irrigation systems, entry monuments, horoscopes, walls and fencing, and appurtenant structures, including ornamental structures within the park.

Maintenance as used herein means the furnishing of services and materials for the ordinary and usual operation, maintenance, and servicing of park and recreational improvements, landscape improvements, and appurtenant facilities including repair, removal or replacement of all or part of any of the landscaping, park and recreational improvements or appurtenant facilities.

Maintenance also means providing for the life, growth, health and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; and the removal of trimmings, rubbish, debris and other solid waste.

Servicing means the furnishing of electricity, water and other utilities for the irrigation, lighting, and maintenance and operation of park improvements, landscaping improvements, and appurtenant facilities.

The plans and specifications for the improvements are on file in the office of the City Planner. 5 -22-
Engineer' s Report
Consolidated Landscape and Lighting District No. 96- 1
City ofHighland
Fiscal Year 2025- 26
Harris & Associates
The proposed budgets for the District includes an estimate of the costs of utilities, operations, services, administration and maintenance associated with the improvements within each of the zones, including all labor, personnel, equipment, materials and administrative expenses. The summary also shows the estimated fund balance, and the projected contribution/( transfer) that will be required based upon the estimated expenditures and assessment revenue.

District Budget
Tables showing the Fiscal Year 2025- 26 budget estimates for each zone follow. -23-
Engineer' s Report
Consolidated Landscape and Lighting District No. 96- 1
I
Harris & Associates
City of Highland
Fiscal Year 2025- 26
Zone A - Street Lights
Budget Estimate
Exhibit 1
ZONE A
STREET LIGHTING DISTRICT NO. 1

CITY OF HIGHLAND
ESTIMATED BUDGET FY 2025- 26
STREET LIGHTING MAINTENANCE:

Urban Zone:

Zone A- 1 - Residential 377, 974
Zone A- 2- Residential Rural 358
Zone A- 3- Non - Residential 23, 582
Zone A- 4- Agriculture 358
Rural Zone:

Zone A- 5 - Rural 617
Sub Total 402, 890

STREET LIGHTING INSTALLATION
SAFETY LIGHTING MAINTENANCE 7, 088
Sub Total - Street Light Maintenance Costs $ 409, 978
Dues & Subscriptions 0. 53% 2, 160
Contract Services-Eng.' 0. 94% 3, 857
Contract Services- Stl Maint' 18. 50•9 75, 834
Sub Total - Servicing Costs 81, 851
INCIDENTAL EXPENSES:

City Administration 0. 39% 1, 603
Consultant Services 2. 08% 8, 545
San Bernardino County Admin 4, 234
Sub Total - Incidental 14, 382
Total - Operations & Maintenance 506, 211
Delinquency ( Net of Noticing Costs) 3. 2% 13, 492
TOTAL ANNUAL EXPENSES 519, 703

COLLECTIONS/( CREDITS) APPLIED TO LEVY
Reserve Fund Collection/( Transfer From) 3, 679)
General Fund Repayment/( loan)
General Fund Contribution 170, 730)
Balance to Levy 346,476

FUND BALANCE SUMMARY
Estimated Fund Balance ( 7/ 1/ 25) I
General Fund Loan
ribution from City/ Others
ENDING FUND BALANCE ( 6/ 30/ 26)

IE PARCELSUMMARY
s Per Zone
of Assessable Parcels By Zone
a Per BU as Levied ( Maximum)
a per BU needed to fully fund
0 Max and Levied Assessments Fiscal Year 2(
intersections and the maintenance of the safety lighting. 377,974 $
358 $
23, 582 $
358 $ -
617
377, 974 $ 358 $ 23, 582 $ 358 $ 617
6, 404 $ 16 $ 429 $ 34 $ 205
384, 378 $ 374 $ 24, 012 $ 392 $ 822
2, 025 2 127 2 4
3, 616 4 226 4 8
71, 098 69 4, 441 72 152
76, 740 75 4, 794 78 164
1, 503 321 321 321 321
8, 012 8 500 8 17
3, 952 10 153 11 109
13, 466 338 974 340 446
474, 584 787 29, 779 810 1, 433
12, 614 23 792 23 40
487, 198 830 30,571 833 2, 473
133) $ 4, 799) $ 293) $ 1, 546
170, 730) $
316, 469 $ 677 $ 25, 772 $ 540 $ 3,019
3,679) 133) $ 4,799) $ ( 293) $ 1, 546
3, 679) 133) $ 4,799) $ ( 293) $ 1, 546
14, 748 13, 325 33 893 70 427
14, 113 13, 173 32 510 36 362

23.75 $ 20.51 $ 28. 86 $ 7. 71 $ 7.07

36.56 $ 24. 54 $ 34. 23 $ 11. 89 $ 3. 45
7 -24-
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-31-
Engineer' s Report
Consolidated Landscape and Lighting District No. 96- 1
I
Harris & Associates
City of Highland
Fiscal Year 2025- 26
Zone D - Park Maintenance including Annexations
Budget Estimates

DIRECT COSTS

MAINTENANCE AND SERVICIN,
Salaries & Benefits
Contract Services -Tree Trim.

Contract Services - Land. Maint
Alarm Monitoring
Water
Electricity
Materials
INCIDENTAL EXPENSES:

City Administration
Consultant Services
San Bernardino County Administration
Mailing Costs
Advertising
Sub Total
Sub Total

TOTAL ANNUAL EXPENSES

CAPITAL EXPENSES

COLLECTIONS/( CREDITS) APPLIED TO LEVY
Reserve Fund Collection/( Transfer)
General Fund Repayment/( Loan)
Mutual Benefit paid by City General Fund
Balance to Levy

FUND BALANCE SUMMARY
Estimated Fund Balance ( 7/ 1/ 25)
Co ntibuti o ns/( Transfers)
Contribution from City/ Others
EST. ENDING FUND BALANCE ( 6/ 30/ 26)
20, 738 20, 738 20, 738 20, 738 82, 952
5, 490 7, 503 1, 330 14, 323
5, 654 7, 194 8, 830 4, 748 26, 426
600 600
12, 198 23, 127 27, 651 3, 885 66, 860
393 496 9 124 1, 022
4, 422 1, 466 812 6, 701
49,495 60, 524 58, 040 30, 825 198,884
187 187 187 187 748
297 297 297 297 1, 187
484 494 494 484 1, 935
49, 979 61, 008 58, 523 31, 309 200, 819
0 0 0 0 0
11, 247) 433) 5, 275 3, 786 2, 619)
19, 992) 24,403) 23, 409) 12, 523) 80,328)
18,740 36, 172 40, 389 22, 571 117,872
116,417 124, 127 119, 330 121, 143 481, 016
11, 247) 433) 5, 275 3, 786 2, 619)
105, 169 123, 694 124, 605 124, 929 478, 397
Estimated Fund Balance ( 7/ 1/ 25) 0 0 0 0 0
District Revenue Contribution 0 0 0 0 0
Contribution from City/ Other 0 0 0 0 0
TOTAL FACILITIES REPLACEMENT RESERVE 0 0 0 0 0
Total Annual Expenses 49, 979 61, 008 58, 523 31, 309 200, 819 Allocated Budget - Mutual Benefit Zone 40. 0% 19, 992 24, 403 23, 409 12, 523 80,328 Allocated Budget- Specific Benefit Zone 60. 0% 29, 987 36,605 35, 114 18, 785 120, 491

ZONE PARCEL SUMMARY
No. of Assessable Parcels 190 87 60 24
No. of Benefit Units ( BU' s) 190 87 60 24
Levied Rate Per BU - Specific Benefit ( Maximum) 98. 63 415. 77 673. 15 940.46 15 -32-
Engineer' s Report
Consolidated Landscape and Lighting District No. 96-1
I
Harris & Associates
City of Highland
Fiscal Year 2025- 26
General
Pursuant to the 1972 Act and Article XIIID, all parcels that receive a special benefit conferred upon them as a result of the maintenance and operation of improvements and services shall be identified, and the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entire costs of the maintenance and operation of improvements. Part 2 of Division 15 of the Streets and Highways Code, the Landscaping and Lighting Act of 1972, permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements which include the operation, maintenance and servicing of landscaping improvements.

Section 22573 of the Landscape and Lighting Act of 1972 requires that maintenance assessments must be levied according to benefit rather than according to assessed value. This Section states:

The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements."
The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 ( Division 7 ( commencing with Section 5000) [ of the Streets and Highways Code, State of California])." The 1972 Act also permits the designation of zones of benefit within any individual assessment district if by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement" ( Sec. 22547).

Article MID, Section 4( a) of the California Constitution limits the amount of any assessment to the proportional special benefit conferred on the property. Article XIIID also provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights -of -ways, public greenbelts and public parkways.

The net amount to be assessed may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels. Proposition 218, approved by the voters in November 1996, requires the City to separate general benefit from special benefit, whereas only special benefit is assessed.
16 -33-
Engineer' s Report
Consolidated Landscape and Lighting District No. 96-1
I
Harris & Associates
City of Highland
Fiscal Year 2025- 26
Method of Assessment Spread
Zone A Street Lighting
Since the assessment will be levied on the owners of property as shown on the county tax roll, the final charges must be assigned by Assessor' s Parcel Number. If assessments were to be spread just by parcel, not considering land use or parcel size, this would not be equitable, because, as an example, a single family residential parcel would be paying the same as a 50 unit apartment parcel or a large commercial establishment in a similar zone.

Therefore, the benefit each property receives will be assessed as increments of units of benefit called Benefit Units ( BUs) as adopted by the City Council at the time of formation.

One ( 1) BU will be assigned to each developable parcel having street frontage less than or equal to 199 feet. If the lot frontage exceeds 199 feet, one additional BU will be assessed for each additional 100 feet of lot frontage or fraction thereof. For example, 1 BU is assigned to a lot with a frontage equal to 199 feet or less, 2 BUs are assigned to a lot with frontage greater than 199 feet, but less than or equal to 299 feet, and so on. Hence, BUs will increase by one ( 1) unit of benefit for each additional 100 foot increment, or fraction thereof of lot street frontage.

If a residential lot has frontage on two or more streets, only the shortest frontage dimension will be used to determine units of benefit. The unit of benefit for irregularly shaped lots will include only the frontage of the portion of the lot with minimum depth for development. Commercial and other non- residential uses will have all street frontage dimensions included to determine their units of benefit.

Properties that are not capable of being developed because of small size are assigned zero ( 0) units of benefit.

Lots without street frontage have been omitted from the methodology with the exception of condominiums, and planned unit developments. Each of these lots receives one ( 1) BU per dwelling unit.

Lots with apartments constructed upon them have been assigned BU' s based upon their street frontage.

To determine the units of benefit for each lot in the District, the records of the City and the San Bernardino County Assessor were referenced by the consultants in their calculations. All properties were originally reviewed during the formation of the District using both the Assessor' s maps and the Assessor' s tax roll in addition to the City' s zoning maps to determine the zoning, and use of the properties.

Parcels of land listed as tax exempt by the County Assessor' s records as Government owned land and Public Utility owned land will be exempted from the assessment because the current lighting zones were established prior to the passage of Proposition 218.

The method of apportionment will be in accordance with the special benefit received. Annual budgets have been prepared for each benefit zone within the District as shown on Part II of this report. The benefit 17 -34-
Engineer' s Report
Consolidated Landscape and Lighting District No. 96- 1
I
Harris & Associates
City of Highland
Fiscal Year 2025- 26
accruing to the properties is a direct benefit to all lots within the City which have the capability of being developed, whether or not they currently have improvements upon them.

A field inventory of street lights conducted by the City at formation indicated that two main areas of lighting existed, which have been referred to as " urban" and " rural" areas.

The urban area comprises areas within the City of Highland having levels of street lighting which are found in most urbanized areas. The urban area does not strictly refer to a type of land use as there may be agricultural or other uses within this classification.

The rural area is shown on the assessment diagram and includes areas in the easterly and southerly portions of the City of Highland which have a minimal level of lighting. Much of the rural area is presently either undeveloped or in agricultural land use. As development expands into the rural area and street lighting is provided, the properties will be removed from this assessment classification and included into the urban assessment area.

Assessments proposed for individual lots within Zone A will be for the special benefit received and will be determined based upon five assessment zones within the two assessment areas as defined below:

Urban Area
Zone A- 1 Residential - This will include all residential lots within the urban area whether they are developed or undeveloped.

Zone A- 2 Residential Rural - This designation defines all lots within the urban area having this City of Highland land use designation at the formation of the district. These lots generally have a lower level of street lighting and are therefore assessed as a separate zone.

Zone A- 3 Non - Residential - This will include all commercial, manufacturing, administrative professional and other non- residential lots within the urban area whether they are developed or undeveloped.

Zone A- 4 Agricultural - This will include all agriculturally land use zoned lots within the urban area.

Rural Area
Zone A- 5 Rural - This will include all lots outside the urban area regardless of their land use zoning. 18 -35-
Engineer' s Report
Consolidated Landscape and Lighting District No. 96- 1
I
Harris & Associates
City of Highland
Fiscal Year 2025- 26
The following table provides a summary of typical assessments within Zone A. Detailed lighting information is provided in Exhibit 1 on the following pages. 19 -36-
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-38-
Engineer' s Report
Consolidated Landscape and Lighting District No. 96- 1
I
Harris & Associates
City of Highland
Fiscal Year 2025- 26
Zone B Landscape Maintenance
The primary benefits of maintaining landscaping are as set forth below:
a. Improved aesthetic appeal of nearby parcels
b. Improved erosion resistance and dust control
c. Improved safety of playground facilities within neighborhoods d. Beautifies and makes safer flood control facilities that would otherwise be unsightly and potentially dangerous
e. Enhancement of the value of property which results from the foregoing benefits The servicing, operation and maintenance of landscape improvements required as a condition of tract map approval provides a special benefit to those parcels and/ or lots within the tract or subdivision, and the costs should be spread to parcels/ lots within those specific tracts/ subdivisions only.

Since the assessment will be levied on the owners of properties as shown on the tax rolls, the final charges must be assigned by Assessor' s Parcel Number. If assessments were to be spread just by parcel, not considering land use or parcel size, or proximity to the improvements this would not be equitable, because, as an example, a single family residential parcel would be paying the same as a 50 unit apartment parcel or a large commercial establishment in a similar zone.

Residential Zone
Each residential parcel within a benefit zone will be assigned one ( 1) benefit unit. Residential lots adjacent to the landscaping areas to be maintained by the district will be assigned an additional one -tenth ( 0. 1) benefit unit since they receive a greater special benefit from the improvements.

Zone B- 0 Maintenance of the permanent landscape areas along Base Line and the left side of Yarnell Street, fronting Tracts 12484 and 12484- 1.

Zone B- 1 Maintenance of the permanent landscape areas of Church Street and Highland Avenue fronting Tracts 10102 and 10102- 5.

Zone B- 2 Maintenance of the permanent landscape areas along Greenspot Road, Weaver Street, Water Street and Santa Ana Canyon Road fronting Tracts 13936- 1, 13936- 2, 13936- 3 and 13936- 4.

Zone B- 3 Maintenance of the permanent landscape areas along Base Line and Cherokee Rose Drive fronting Tracts 12474, and 12474- 1.

Zone B- 4 Maintenance of the permanent landscape areas along Palm Avenue fronting Tract 11181.
22 -39-
Engineer' s Report
Consolidated Landscape and Lighting District No. 96-1
I
Harris & Associates
City of Highland
Fiscal Year 2025- 26
Zone B- 5 Maintenance of the permanent landscape areas along Elder Gulch Road ( vacated) fronting Tract 13956.

Zone B- 6 Maintenance of the landscape easement within the landscaped drainage detention facility in Tract 14190.

Zone B- 7 Maintenance of the permanent landscape areas along Base Line fronting Tract 13237.

Zone B- 8 Maintenance of the permanent landscape areas along Highland Avenue frontage and the easterly hydro seeded slope of Tract 13315.

Zone B- 9 Maintenance of the permanent landscape areas along Boulder Avenue Parkway frontage and median of Parcel Map 12821 ( Highland Village Plaza).

Zone B- 10 Maintenance of the permanent landscape areas along Greenspot Road, fronting Tracts 14326, 14326- 1, and 14326- 2.

Zone B- 11 Maintenance of the permanent landscape area along a portion of Stoney Creek Drive, within Tracts 14398, 14398- 1, 14398- 2, 14398- 3, and Base Line and Boulder Avenue fronting parcel one ( 1) of Parcel Map 12849.

Zone B- 12 Maintenance of the permanent landscape areas along Highland Avenue and Victoria Avenue fronting Parcel Map 14063 ( Smith' s).

Zone B- 13 Maintenance of the permanent landscape areas along Weaver Street fronting Tract 14095.

Zone B- 14 Maintenance of the East Highland Ranch permanent landscape areas within the public right of way and public easements along Base Line Road, Cloverhill Drive, Church Street, Love Street, 5th Street, Greenspot Road, Highland Avenue, Water Street, and Club View Drive fronting those master planned parcels to be approved within the East Highlands Ranch development as of March 1992.

Zone B- 15 Maintenance of the permanent landscape areas along River Oaks and Church Street fronting Tract 10726, and Assessor' s Parcel 0291- 051- 34.

Zone B- 16 Maintenance of the permanent landscape areas along Ninth Street and Eucalyptus Drive fronting Tracts 15583 and 15609.

Zone B- 17 Maintenance of the permanent landscape areas along Carriage Hill Drive and Surrey Lane fronting Tracts 7996 and 8718.

Zone B- 18 Maintenance of the permanent landscape areas along Base Line and Seine Ave fronting Parcel Map 14475.
23 -40-
Engineer' s Report
Consolidated Landscape and Lighting District No. 96-1
I
Harris & Associates
City of Highland
Fiscal Year 2025- 26
Zone B- 19 Maintenance of the permanent landscape areas along Boulder Avenue; Parkway frontage and median of Beaver Medical Clinic fronting Parcel Map 14615.

Zone B- 20 Maintenance of the permanent landscape areas along Base Line and Streater Drive fronting Tract 15618.

Zone B- 21 Maintenance of the permanent landscape areas along Church Avenue and Powell Drive fronting Tract 15788 and Tract 15929.

Zone B- 22 Maintenance of the permanent landscape areas along Santa Ana Canyon fronting Tract 14362.

Zone B- 23 Maintenance of the permanent landscape areas fronting the Senior Housing Project on Central Avenue.

Zone B- 24 Maintenance of the permanent landscape areas and the median on Base Line fronting the El Ranch Shell ( 27627 Base Line).

Zone B- 25 Maintenance of the permanent landscape areas fronting the Cultural and Retail Center on Highland Avenue and Boulder Avenue.

Zone B- 26 Maintenance of the permanent landscape areas and the median on Boulder Avenue fronting Walgreen' s and KFC/ Taco Bell.

Zone B- 27 Maintenance of the permanent landscape areas fronting McDonald' s at Base Line and Seine Avenue.

Zone B- 28 Maintenance of the permanent landscape areas fronting Orco Blended Products.

Zone B- 29 Maintenance of the permanent landscape areas along Base Line and Stoney Creek fronting Parcel 2 of Parcel Map 14885- 1 ( Wendy' s) and a portion of the median on Boulder Avenue, south of Base Line.

Zone B- 30 Maintenance of the permanent landscape areas along Santa Ana Canyon Road, Marianne Lane and Lot A adjacent to Tract Map 15375.

Zone B- 31 Maintenance of the permanent landscape areas along Streater Avenue and Sycamore Drive adjacent to Tract Map 15969 and 15969- 1.

Zone B- 32 Maintenance of the permanent landscape areas along 5th Street fronting 28099 5th Street.

WE
-41-
Engineer' s Report
Consolidated Landscape and Lighting District No. 96-1 I Harris & Associates City of Highland
Fiscal Year 2025- 26
Zone B- 33 Maintenance of the permanent landscape areas along Base Line and Sterling Avenue adjacent to Lots 44 and 45 of Tract 3582.

Zone B- 34 Maintenance of the permanent landscape areas along Base Line adjacent to Lots 1, 12, 13, 14, 15, 26 and 27 of Tract 16404.

Zone B- 35 Maintenance of the permanent landscape areas along Highland Avenue adjacent to Lots 13 and 14 of Tract 14757.

Zone B- 36 Maintenance of the permanent landscape areas along Boulder Avenue adjacent to lots 2 through 7 of Tract 16543.

Zone B- 37 Maintenance of the permanent landscape areas along Norwood Street and Church Avenue adjacent to lots 1, 19, 20 and 30 through 38 of Tract 16607.

Zone B- 38 Maintenance of the permanent landscape areas along 3rd Street adjacent to Parcel 1 of Parcel Map 9112.

Zone B- 39 Maintenance of the permanent landscape parkway areas along Base Line adjacent to lots 13, 14, and 15 of Tract 15960.

Zone B- 40 Maintenance of the permanent landscape areas along Atlantic Avenue adjacent to Parcel 1 of Parcel Map 16788.

Zone B- 41 Maintenance of the permanent landscape areas along Cochrane Street adjacent to lots 27, 28, and 51 through 59 of Tract 16914.

Zone B- 42 Maintenance of the permanent landscape areas along Base Line adjacent to 27195 Base Line,
Zone B- 43 Maintenance of the permanent landscape areas along Base Line adjacent to lots 1, 2, 3 and 4 of Tract 17590 and along the east side of lot 9 of Tract 17590.

Zone B- 44 Maintenance of the permanent landscape areas along Church Street and Lot " A" adjacent to lots 1 through 4 and lots 15 through 25 of Tract 17263.

Zone B- 45 Maintenance of the permanent landscape areas along Base Line, Palm Avenue and Foster Avenue adjacent to parcels 1 and 2 of Parcel Map 17597.

Zone B- 46 Maintenance of the permanent landscape areas along Base Line and Boulder Avenue adjacent to parcels 1 and 2 of Parcel Map 18012.
25 -42-
Engineer' s Report
Consolidated Landscape and Lighting District No. 96- 1
IHarris & Associates
City of Highland
Fiscal Year 2025- 26
Zone B- 47 Maintenance of the permanent landscape areas along Base Line adjacent to lots 1 and 24 of Tract 18199.

Zone B- 48 Maintenance of the permanent landscape areas along Greenspot Road from Highway 30 to Boulder Avenue.

Zone B- 49 Maintenance of the permanent landscape areas along Palm Avenue, Meines Street and 27250 5th Street.

Zone B- 50 Maintenance of the permanent landscape median areas along 5th Street west of Palm Avenue.

Zone B- 51 Maintenance of the permanent median parkway landscape areas along Base Line and Sterling Avenue at 25699 Base Line ( APN 0278- 121- 39- 0000).

Zone B- 52 Maintenance of the permanent median parkway landscape areas along Base Line and Sterling Avenue at 25699 Base Line ( APN 0278- 121- 39- 0000).

Zone B- 53 Maintenance of the permanent median parkway landscape areas along Base Line, Boulder Avenue, Seine Avenue, and Pluto Street near 27767 Base Line, CUP- 01- 001.

Zone B- 68 Maintenance of the perimeter parkway along Greenspot Road, Boulder Avenue, and Orange Street adjacent to Tract 17682.

Zone B- 69 Maintenance of the median landscaping in the medians on Greenspot Road and Boulder Avenue adjacent to Tract 17682.

Zone B- 70 Maintenance of the landscaping in certain parkway and landscape easement areas, oval medians and the water quality basins within and adjacent to Tracts 18935 and 16745.

Certain parcels within the various zones receive greater benefits from landscape improvements than other parcels within the same zone by either backing up to, facing or adjoining the improvements. In general, those parcels are assessed a 10% surcharge for the added benefit. Additional surcharges include the following:

Zone B- 0 Lots abutting Yarnell Avenue pay 2 times more than those not abutting Yarnell Avenue for landscape improvements on Yarnell Avenue.

Zone B- 8 Lots abutting east -facing slope pay 100% of maintenance cost of slope.

Zone B- 17 Lots facing medians in Carriage Hills Drive pay 4 times more than those lots not facing median in Carriage Hill Drive.
26 -43-
Engineer' s Report
Consolidated Landscape and Lighting District No. 96- 1
I
Harris & Associates
City of Highland
Fiscal Year 2025- 26
on -Residential Zones
The assessment methodology has been developed based upon the special benefits received by each parcel and is established at the time of annexation into the district. Currently, there are forty- six special benefit zones within the district which include non- residential parcels.

The methodologies, as approved at the time of annexation for Zones B- 9, B- 11, B- 12, B- 19, B- 24, B- 25, B26, B- 27, B- 28, B- 32, B- 33, B- 38, B- 40, B- 42, B- 45, B- 46, B- 48, B- 49, B- 50, B- 51, B- 52, B- 53, B- 54, B- 55, B56, B- 57, B- 58, B- 59, B- 60, B- 61, B- 62, B- 67, B- 70, B- 71, B- 72, B- 73, B- 74, B- 75, B- 76, B- 77, B- 78, B- 79, B80, B- 81, B- 82 and B- 83 are shown below for each zone:

Zone B- 9 At the time of annexation, a finding was made that the special benefit to the lots within this zone was directly related to their pro- rata share of the development' s frontage on Boulder Avenue. Therefore, the assessment shall be apportioned on the basis of front footage.

Zone B- 11 At the time of annexation, it was determined that parkway landscaping along the west side of Stoney Creek Drive would be assessed against Tract 14398, and that parkway landscaping along Base Line and Boulder Avenue, and the landscaped median in Boulder Avenue, would be assessed against Parcel 1 of Parcel Map 12849.

Zone B- 12 At the time of annexation, a finding was made that lots adjacent to the landscaped areas to be maintained by the district received ninety percent ( 90%) of the special benefit and that non -adjacent parcels received the remaining ten percent of the special benefit.

Therefore, the assessment shall be apportioned on the basis of acreage, with ninety percent ( 90%) of the total assessment apportioned to those parcels adjacent to the landscaped areas and the remaining ten percent ( 10%) to the non - adjacent parcels.

Zone B- 19 Consists of the parking frontage and median landscape improvements within the rightof-way of Boulder Avenue. The assessments for the improvements are to be levied against Parcel 1 of Map 14615 as a condition of approval for development of the parcel.

Zone B- 24 Consists of frontage landscape improvements and median landscape improvements within the right- of-way of Base Line Avenue. The assessments for the improvements are to be levied against the parcel located on the south side of Base Line Avenue west of State Freeway 30 as a condition of approval for development of the parcel.

Zone B- 25 Consists of frontage landscape improvements and median landscape improvements within the right- of-way and/ or easements of Highland Avenue and Boulder Avenue. The assessments for the improvements are to be levied against the parcel located at the southeast corner of Boulder Avenue and Highland Avenue as a condition of approval for development of the parcel.
27 -44-
Engineer' s Report
Consolidated Landscape and Lighting District No. 96-1
IHarris & Associates
City of Highland
Fiscal Year 2025- 26
Zone B- 26 Consists of frontage landscape improvements and median landscape improvements within the right- of-way and/ or easements of Boulder Avenue and Base Line. The assessments for the improvements are to be levied against the parcel located at the southeast corner of Boulder Avenue and Base Line as a condition of approval for development of the parcel.

Zone B- 27 Consists of frontage landscape improvements within the right- of-way and/ or easements of Seine Avenue and Base Line. The assessments for the improvements are to be levied against the parcel located at the northeast corner of Seine Avenue and Base Line as a condition of approval for development of the parcel.

Zone B- 28 Consists of frontage landscape improvements within the right- of-way and/ or easements of Palm Avenue and Third Street. The assessments for the improvements are to be levied against the parcels located at the southeast corner of Palm Avenue and Third Street as a condition of approval for development of the parcels.

Zone B- 32 Consists of frontage landscape improvements within the right-of-way and/ or easements of 5th Street. The assessments for the improvements are to be levied against the parcel located at 28099 5th Street as a condition of approval for development of the parcel.

Zone B- 33 Consists of frontage landscape improvements within the right- of-way and/ or easements of Base Line and Sterling Avenue. The assessments for the improvements are to be levied against Lots 44 and 45 of Tract 3582 as a condition of approval for development of the parcels.

Zone B- 38 Consists of frontage landscape improvements within the right- of-way and/ or easements of 3RD Street. The assessments for the improvements are to be levied against Parcel 1 of Parcel Map 9112 as a condition of approval for development of the parcel.

Zone B- 40 Consists of frontage landscape improvements within the right-of-way and/ or easements of Atlantic Avenue. The assessments for the improvements are to be levied against Parcel 1 of Parcel Map 16788 as a condition of approval for development of the parcel.

Zone B- 42 Consists of frontage landscape improvements within the right-of-way and/ or easements of Base Line. The assessments for the improvements are to be levied against the following Assessor' s Parcel Number: 1191- 501- 83- 0000 located at 27194 Base Line as a condition of approval for development of the parcels.

W
-45-
Engineer' s Report
Consolidated Landscape and Lighting District No. 96- 1
I
Harris & Associates
City of Highland
Fiscal Year 2025- 26
Zone B- 45 Consists of frontage landscape improvements within the right- of-way and/ or easements of Base Line, Palm Avenue and Foster Avenue, The assessments for the improvements are to be levied against Assessor' s Parcel Numbers 1200- 381- 40- 0000 and 1200- 381- 41- 0000 as a condition of approval for development of the parcels.

Zone B- 46 Consists of frontage landscape improvements within the right- of-way and/ or easements of Base Line and Boulder Avenue. The assessments for the improvements are to be levied against Assessor' s Parcel Numbers 1200- 461- 79- 0000 and 1200- 461- 80- 0000 as a condition of approval for development of the parcels.

Zone B- 48 The improvements to be maintained by Zone B- 48 consist of parkway and median landscape improvements within the right- of-way and/ or easements of Greenspot Road from Highway 30 to Boulder Avenue. The assessments for the improvements are allocated to each development area based on the development area' s frontage on the improvements. Within each development area, the assessments are to be levied against the parcels in the development area based on the net acreage of the individual Assessor' s Parcel Numbers. Improvements for future development areas within Zone B- 48 will be included as the individual projects are developed.

Zone B- 49 Maintenance of the permanent landscape areas along Palm Avenue, Meines Street and 27250 5th Street. The assessments for the improvements are to be levied against Assessor' s Parcel Numbers 1192- 621- 01- 0000 as a condition of approval for development of the parcels.

Zone B- 50 Maintenance of the permanent landscape median areas along 5th Street west of Palm Avenue. The assessments for the improvements are to be levied against Assessor' s Parcel Numbers 1192- 621- 01- 0000 as a condition of approval for development of the parcels.

Zone B- 51 Maintenance of the permanent median parkway landscape areas along Base Line and Sterling Avenue at 25699 Base Line. The assessments for the improvements are to be levied against Assessor' s Parcel Numbers 0278- 121- 39- 0000 as a condition of approval for development of the parcel.

Zone B- 52 Maintenance of the permanent median parkway landscape areas along Base Line and Sterling Avenue at 25699 Base Line. The assessments for the improvements are to be levied against Assessor' s Parcel Numbers 0278- 121- 39- 0000 as a condition of approval for development of the parcels.

Zone B- 53 Maintenance of the permanent median parkway landscape areas along Base Line, Boulder Avenue, Seine Avenue, and Pluto Street near 27767 Base Line ( CUP- 01- 001). 29 -46-
Engineer' s Report
Consolidated Landscape and Lighting District No. 96- 1
I
Harris & Associates
City of Highland
Fiscal Year 2025- 26
The assessments for the improvements are to be levied against Assessor' s Parcel Numbers 1201- 091- 61- 0000 as a condition of approval for development of the parcels.

Zone B- 54 The improvements maintained within this zone includes the maintenance and servicing of landscaping and appurtenant facilities that are located in the parkway areas along Base Line within the rights -of -way and dedicated public easements in front of the parcels to be assessed which are within the boundaries of Benefit Zone 54.

Zone B- 55 Maintenance of the parkway landscaping along Cypress Street, Palm Street and 9th Avenue, and including Lot " A" located within Tract Map 18677.

Zone B- 56 Maintenance for the trimming and replacement of parkway trees along Bella Terra Avenue and Bella Terra Court within Tract Map 18677.

Zone B- 57 Consists of frontage landscape improvements within the right- of-way and/ or easements of Base Line and Central Ave. The assessment for the improvements is to be levied against Assessor Parcel Number 1193- 341- 06- 0000 located at 26897 Base Line as a condition of approval for development of the parcel.

Zone B- 58 Maintenance of the permanent median parkway landscape areas along Base Line and Central Avenue at 26897 Base Line. The assessment for the improvements is to be levied against Assessor Parcel Number 1193- 341- 06- 0000 as a condition of approval for development of the parcel.

Zone B- 59 Maintenance of the parkway landscaping at the northwest corner of Base Line and Olive Street adjacent to 7270, 7278 and 7286 Olive Street.

Zone B- 60 Consists of frontage landscape improvements within the right- of-way and/ or easement of Base Line. The assessment for the improvements is to be levied against Parcel 1 of Parcel Map 19376 (Assessor Parcel Number 1200- 381-42- 0000) located at 27356 Base Line as a condition of approval for development of the parcel.

Zone B- 61 Maintenance of the permanent median parkway landscape area along Base Line between 27310 Base Line and 27356 Base Line and adjacent to 27427 Base Line. The assessments for the improvements are to be levied against Assessor Parcel Numbers 1200- 381- 40- 0000, 1200- 381- 41- 0000, 1200- 381- 42- 0000, 1200- 421- 33- 0000, 1201- 011- 07- 0000, and 1200- 381-47- 0000 as a condition of approval for development.

Zone B- 62 Consists of frontage landscape improvements within the right- of-way and/ or easements of Greenspot Road, Church Street and Old Greenspot Road. The assessment for the improvements is to be levied against Assessor' s Parcel Number 1210- 201- 01- 0000 located at 28895 Greenspot Road as a condition of approval for development of the parcel.
30 -47-
Engineer' s Report
Consolidated Landscape and Lighting District No. 96- 1
I
Harris & Associates
City of Highland
Fiscal Year 2025- 26
Zone B- 63 Maintenance of the permanent median parkway landscape areas along Base Line at 28807 Base Line. The assessment for the improvements is to be levied against Assessor Parcel Number 1201- 251- 12- 0000 as a condition of approval for development of the parcel.

Zone B- 64 Maintenance of the parkway landscaping along Base Line at 28807 Base Line. The assessment for the improvements is to be levied against Assessor Parcel Number 1201- 251- 12- 0000 as a condition of approval for development of the parcel.

Zone B- 64 Maintenance of the parkway landscaping along Greenspot Road at 31111 Greenspot.

The assessment for the improvements is to be levied against Assessor Parcel Number 0297- 051- 17- 0000 as a condition of approval for development of the parcel.

Zone B- 66 Maintenance of the permanent median parkway landscape areas along Greenspot Road at 31111 Greenspot. The assessment for the improvements is to be levied against Assessor Parcel Number 0297- 051- 17- 0000 as a condition of approval for development of the parcel.

Zone B- 67 Maintenance of the parkway landscaping fronting the northeast corner of Base Line and Church Street, Parcel Map 19652.

Zone B- 71 Maintenance of the parkway landscaping located at 26492 Highland Avenue.

Zone B- 72 Maintenance of the parkway and frontage landscaping along Buckeye Street, Base Line and Church Avenue, Parcel Map 19742.

Zone B- 73 Maintenance of the permanent median landscaping in the median on Highland Avenue adjacent to Assessor' s Parcel Numbers 1191- 241- 36- 0000 as a condition of approval for development of the parcel.

Zones B- 74 Maintenance of the parkway and frontage landscaping along Highland Avenue adjacent to Assessor' s Parcel Number 1191- 241- 36- 0000.

Zone B- 75 Maintenance of the parkway and frontage landscaping along Base Line, State Route 210 and Messina Street adjacent to Assessor' s Parcel Number 1200- 461- 81- 0000.

Zone B- 76 Maintenance of the permanent median landscaping and hardscape for the Base Line medians located between State Route 210 and Boulder Avenue adjacent to Assessor' s Parcel Numbers 1200- 461- 81- 0000 and 1200- 461- 82- 0000 as a condition of approval for development of the parcels. The assessments are allocated to parcels based on their percentage of frontage to the improvements. Currently a general fund contribution is required to fully fund the maintenance, but once adjacent parcels develop and annex 31 -48-
Engineer' s Report
Consolidated Landscape and Lighting District No. 96-1
IHarris & Associates
City of Highland
Fiscal Year 2025- 26
into the zone as a condition of their development, the improvements will be fully funded.

Zone B- 77 Maintenance of the parkway and frontage landscaping along Base Line, Seine Avenue and Messina Street adjacent to Assessor' s Parcel Number 1200- 461- 82- 0000.

Zone B- 78 Maintenance of the parkway and frontage landscaping along Fifth Street and Church Avenue adjacent to Parcel 1 of Parcel Map 19797.

Zone B- 79 Maintenance of the permanent median landscaping in the median along Fifth Street adjacent to parcel 1 of Parcel Map 19797 as a condition of approval for development of the parcel.

Zone B- 80 Maintenance of the parkway and frontage landscaping along Base Line adjacent to Assessor' s Parcel Number 1192- 331- 36- 0000.

Zone B- 81 Maintenance of the median landscaping of the median adjacent to 26539 Base Line, Assessor' s Parcel Number 1192- 331- 36-0000.

Zone B- 82 Maintenance of the median landscaping of the median adjacent to 26529 Highland Avenue, Assessor' s Parcel Number 1191- 241- 34- 0000.

Zone B- 83 Maintenance of the parkway and frontage landscaping along Boulder Avenue and Greenspot Road adjacent to Assessor' s Parcel Number 1201- 361- 28- 0000.

Certain zones are presently established, or will be established, for future maintenance work to be accomplished by the City of Highland should the property owner( s) not perform landscape maintenance to the satisfaction of the City of Highland. Zones B- 12, B- 14, B- 18, B- 19, B- 23, B- 26, B- 27, B- 28, B- 32, B33, B- 38, B- 40, B- 41, B- 42, B- 45 B- 46, B- 49, B- 50, B- 51, B- 52, B- 53, B- 57, B- 60, B- 62, B- 64, B- 65, B- 67, B- 71, B- 72, B- 74, B- 75, B- 77, B- 78, B- 80 and B- 83 are subject to these provisions.

Zones B- 20 through B- 83 includes an annual 5% inflation adjustment as balloted and approved by the property owners upon annexation. Each year the maximum rate is escalated 5% ( Escalated Ballot Maximum Assessment Rate), however every year the rate is reviewed and approved by the City Council.

The applied rate can be less than the maximum, but cannot exceed the Escalated Ballot Maximum Assessment Rate.

The following tables provides a summary of typical assessments within Zone B. 32 -49-
Engineer' s Report
Consolidated Landscape and Lighting District No. 96- 1
I
Harris & Associates
City of Highland
Fiscal Year 2025- 26
ZONE B

LANDSCAPE MAINTENANCE
Summary of Typical Assessments
Applied
Rate per Benefit Unit Rate per Benefit Unit Slope Annexations with Differing Zone Standard Lots Surcharged Lots Maintenance Assessment Methods B- 0 ( Base Line) 19. 51 21. 46
B- 0 ( Yarnell Ave) 11. 91 23. 82
B- 1 31. 24 34. 36
B- 2 30. 14 33. 15
B- 3 7. 85 8. 64
B- 4 108. 94 119. 83
B- 5 30. 90 33. 99
B- 6 54. 74 60. 21
B- 7 38. 30 42. 13
B- 8 63. 61 69. 97 227. 08
B- 9 N/ A N/ A 3. 75 per Linear Foot
B- 10 46. 15 50. 77
B- 11 24. 78 27. 26
B- 12
B- 13 42. 30 46. 53
B- 14
B- 15 31. 82 35. 00
B- 16 17. 87 19. 65
B- 17 48. 96 195. 84
B- 18
B- 19
B- 20 (Base Line) 115. 40 126. 94
B- 20 ( Streater Dr) 50. 35 55. 39
B- 21 93. 07 102. 37
B- 22 33. 15 36. 47
B- 23
B- 24 N/ A N/ A 19. 30 per Linear Foot
B- 25 N/ A N/ A 6. 42 per Linear Foot
B- 26 7.42 N/ A 10. 45 / LF maximum
B- 27
B- 28
B- 29 N/ A N/ A 9. 48 LF maximum, $ 5. 93
B- 30 204. 41 224. 85
B- 31 287. 07 315. 78
B- 32
B- 33
B- 34 106. 71 117. 39
B- 35 77. 22 84. 94
B- 36 1, 912. 40 N/ A
B- 37 222. 55 244. 81
B- 38
B- 39 427. 57 470.33
B- 40
33 -50-
Engineer' s Report
Consolidated Landscape and Lighting District No. 96- 1
I
Harris & Associates
City of Highland
Fiscal Year 2025- 26
ZONE B

LANDSCAPE MAINTENANCE
Summary of Typical Assessments (Continued)
Applied
Rate per Benefit Unit Rate per Benefit Unit Slope Annexations with Differing Zone Standard Lots Surcharged Lots Maintenance Assessment Methods B- 41
B- 42 N/ A N/ A 8. 60/ LF maximum, $ 0. 00/ LF
B- 43 659. 31 725. 24
B- 44 940. 46 1, 034.50
B- 45 7. 79/ LF maximum, $ 0. 00/ LF
B- 46 7. 42/ LF maximum, $0. 00/ LF
B- 47 273. 40 300. 74
Varies by development area,
B- 48 N/ A N/ A see following pages
B- 49
B- 50
B- 51
B- 52
B- 53
B- 54 1. 82166 N/ A 1. 82166 LF maximum
B- 55 806. 30 886. 94
B- 56 95. 17
B- 57 7. 07 LF maximum, $ 0. 00/ 1- F
B- 58 3, 394. 17 per lot/$ 0
B- 59 1, 382.81 1, 521. 09
B- 60 4, 874. 47 Annual/ $ 0
Varies per lot, see following
B- 61 N/ A N/ A pages
B- 62 7. 27 LF maximum, $0. 00/ 1- F
B- 63 10, 980. 37
B- 64
B- 65
B- 66
B- 67
B- 68 461. 71
B- 69 68. 36
B- 70 488. 49
B- 71
B- 72
B- 73 4, 924. 85
B- 74
B- 75
B- 76 536.03
B- 77
B- 78
B- 79 14, 312. 58
B- 80
B- 81
B- 82 8, 751. 64
B- 83
34 -51-
Engineer' s Report
Consolidated Landscape and Lighting District No. 96- 1
I
Harris & Associates
City of Highland
Fiscal Year 2025- 26
Parcels in Zone B- 48:

DEVELOPMENT AREA 1 ( Parcel Map 19011)
Maximum
Assessor' s Parcel Annual FY2025- 26
Number Description Assessment Assessment
1201- 331- 07- 0000 Parcel 1, 102. 20 1, 102. 20
1201- 331- 08- 0000 Parcel 25, 166. 27 25, 166. 27
1201- 341- 19- 0000 Parcel 1, 630. 30 1, 630. 30
1201- 341- 20-0000 Parcel 3, 237. 62 3, 237. 62
1201- 341- 21- 0000 Parcel 4, 110. 18 4, 110. 18
35, 246. 57 35, 246. 57
DEVELOPMENT AREA 2 ( Parcel Map 18886)
Maximum
Assessor' s Parcel Annual FY2025- 26
Number Description Assessment Assessment
1201- 341- 26- 0000 Parcel 2, 690. 96 2, 690. 96
1201- 341- 23- 0000 Parcel 2, 333. 77 2, 333. 77
1201- 341- 61- 0000 Parcel 3, 119. 61 3, 119. 61
1201- 341- 62- 0000 Parcel 4, 000.72 4, 000. 72
1201- 341- 25- 0000 Parcel 7, 548. 98 7, 548. 98
19, 694. 04 19, 694. 04
DEVELOPMENT AREA 3
Assessor' s Parcel
Number
Maximum
Annual
Description Assessment
FY2025- 26
Assessment
1201- 341- 29- 0000 2, 309. 15 2, 309. 15
1201- 341- 30- 0000 52. 96 52. 96
1201- 341- 33- 0000 10, 837. 89 10, 837. 89
1201- 341- 34- 0000 789. 64 789. 64
1201- 341- 35- 0000 63. 97 63. 97
1201- 341- 36- 0000 149. 96 149. 96
1201- 341- 37- 0000 366. 51 366. 51
1201- 341- 38- 0000 422. 09 422. 09
1201- 341- 39- 0000 398. 49 398. 49
1201- 341- 40- 0000 358. 12 358. 12
1201- 341- 41- 0000 830. 01 830. 01
1201- 341- 42- 0000 1, 082. 22 1, 082. 22
1201- 341- 43- 0000 718. 33 718. 33
1201- 341- 44- 0000 1, 609. 69 1, 609. 69
1201- 341- 45- 0000 1, 857. 17 1, 857. 17
1201- 341- 46- 0000 290. 48 290. 48
1201- 341- 47- 0000 175. 65 175. 65
1201- 341- 48- 0000 601. 41 601. 41
1201- 341- 49- 0000 439. 91 439. 91
1201- 341- 50- 0000 440. 44 440. 44
1201- 341- 51- 0000 608. 22 608. 22
1201- 341- 52- 0000 209. 21 209. 21
1201- 341- 53- 0000 389. 05 389. 05
1201- 341- 54- 0000 643. 35 643. 35
1201- 341- 55- 0000 386. 95 386. 95
1201- 341- 56- 0000 44. 04 44. 04
1201- 341- 57- 0000 355. 50 355. 50
1201- 341- 58- 0000 212. 35 212. 35
1201- 341- 59- 0000 0. 00 0. 00
1201- 341- 60- 0000 0. 00 0. 00
1201- 351- 14- 0000 1, 232. 17 1, 232. 17
1201- 351- 15- 0000 786.49 786. 49
1201- 351- 16- 0000 1, 006. 71 1, 006. 71
1201- 3.51- 28- 0000 3, 620. 49 3, 620. 49
1201- 361- 26- 0000 5, 492. 82 5, 492. 82
1201- 361- 28- 0000 677. 31 677. 31
1201- 361- 31- 0000 709. 84 709. 84
1201- 361- 32- 0000 460. 37 460. 37
40, 628. 97 $ 40, 628. 97
35 -52-
Engineer' s Report
Consolidated Landscone and Lighting District No. 96-1
I
Harris & Associates
City of Highland
Fiscal Year 2025- 26
The Future Development Area for Zone B- 48 includes the following Assessor' s Parcel Numbers:

FUTURE DEVELOPMENT AREA
Assessor' s Parcel
Number
1201- 331- 01- 0000
1201- 341- 01- 0000
1201- 341- 08- 0000
1201- 341- 09- 0000
1201- 341- 66- 0000
1201- 341- 67- 0000
1201- 341- 68- 0000
1201- 341- 71- 0000
1201- 341- 72- 0000
The summary of Zone B- 61 assessments are as follows:

Zone C Trail Maintenance
Assessor' s Parcel
Number
1201- 361- 23- 0000
1201- 361- 27- 0000
1201- 361- 06- 0000
1201- 361- 07- 0000
1201- 361- 08- 0000
1201- 361- 09- 0000
1201- 361- 11- 0000
1201- 361- 12- 0000
PARCELS IN B- 61
DEVELOPMENT AREA 1
Maximum
Assessor' s Parcel Annual FY2025- 26
Number Description Assessment Assessment
1200- 381- 40- 0000 Parcel $ 1, 900. 67 $ 1, 900. 67
1200- 381- 41- 0000 Parcel $ 1, 146. 95 $ 1, 146. 95
1200- 381- 42- 0000 Parcel $ 1, 228. 88 $ 1, 228. 88
1200- 421- 33- 0000 Parcel $ 2, 224. 20 $ 2, 224. 20
6, 500. 70 $ 6, 500. 70
DEVELOPMENT AREA 2
Maximum
Assessor' s Parcel Annual FY2025- 26
Number Description Assessment Assessment
1201- 011- 07- 0000 Parcel 4, 370. 09 $ 4, 370. 09
DEVELOPMENT AREA 3
Maximum
Assessor' s Parcel Annual FY2025- 26
Number Description Assessment Assessment
1200- 381- 47- 0000 Parcel $ 2, 363. 40 $ 2, 363. 40
Total Levy for Zone B- 61 $ 13, 234. 19
The City Council has determined that a uniform and consistent level of maintenance of the community trail system is vital and necessary for the protection of the economic and humanistic values of the community. Zone C- 1, the original community trail zone, is located within Tracts 14629 and 14629- 1. In addition, the City Council has approved the following annexations to Zone C: Zone C- 2 ( Tracts 15583, 15689, 16509 and 17590), Zone C- 3 ( Tract 15375), Zone C- 4 ( Tract 15969 and 15969- 1), Zone C- 5 ( Tract 14757), Zone C- 6 ( Tract 15960), Zone C- 7 ( Tract 16914), Zone C- 8 ( Tract 17263) and Zone C- 9 ( Tracts 18935 and 16745).
36 -53-
Engineer' s Report
Consolidated Landscape and Lighting District No. 96-1
I
Harris & Associates
City of Highland
Fiscal Year 2025- 26
Community Trail District No. 1 has been developed for the benefit and enjoyment of all the properties located within the aforementioned tracts. It has been a City Council policy that future developments within the City that have community trails as part of their development plan be annexed into the District.

As stated when the District was formed, Special Benefit is determined based on the following facts:
a. The purpose of community trails is to provide an aesthetic impression on the area. b. The maintained community trail benefits all properties in the development. c. The benefit to the lots not adjacent to the community trail areas benefit by the uniform maintenance. All lots not abutting the community trail areas benefit equally. d. The community trail is located in the backyards of the units adjacent to the community trail, however these properties were not given any surcharge in assessment since the community trail will not be directly accessible from the adjacent lots.

Therefore, one zone of benefit has been established for the original District, as well as for each benefit zone that has been annexed to the District. Hence, each developed lot in the development is apportioned equally.

Zone C- 1 The boundary of Community Trail District No. 1 is coincident with the boundaries of Tracts 14629 and 14629- 1, located centrally between Boulder Avenue, Base Line, Church Street and Highland Avenue. The development contains a total of 143 residential lots. The annual budget for the Original District is divided equally by the total number of residential lots within the Original District in order to calculate the assessment amount per Benefit Unit.

Zone C- 2 Annexation No. 1, Tract No. 15583, Tract No. 15689, Tract No. 15609 and Tract No. 17590. The tracts are located between Base Line and Ninth Street approximately 595 feet east of Lankershim Avenue. The zone includes all properties in the aforementioned Tracts, and was approved by the City Council to provide for the ongoing maintenance and servicing of the community trail improvements along the thirty ( 30) foot wide easement that were granted to the City of Highland per approval. The development contains a total of 95 residential lots. The annual budget for Annexation No. 1 is divided equally by the total number of residential lots within the annexation in order to calculate the assessment amount per Benefit Unit.

Zone C- 3 Annexation No. 2, Tract No. 15375 was approved by the City Council to provide for the ongoing maintenance and servicing of the community trail improvements along the easement granted to the City of Highland. The development contains a total of 46 residential lots. The annual budget for Annexation No. 2 is divided equally by the total number of residential lots within the annexation in order to calculate the assessment amount per Benefit Unit.
37 -54-
Engineer' s Report
Consolidated Landscape and Lighting District No. 96-1
I
Harris & Associates
City of Highland
Fiscal Year 2025- 26
Zone C- 4 Annexation No. 3 Tract No. 15969 and 15969- 1 was approved by the City Council to provide for the ongoing maintenance and servicing of the community trail improvements along the easement granted to the City of Highland. The development contains a total of 39 residential lots. The annual budget for Annexation No. 3 is divided equally by the total number of residential lots within the annexation in order to calculate the assessment amount per Benefit Unit.

Zone C- 5 Annexation No. 4 Tract No. 14757 was approved by the City Council to provide for the ongoing maintenance and servicing of the community trail improvements along the easement granted to the City of Highland. The development contains a total of 47 residential lots. The annual budget for Annexation No. 4 is divided equally by the total number of residential lots within the annexation in order to calculate the assessment amount per Benefit Unit.

Zone C- 6 Annexation No. 5 Tract No. 15960 was approved by the City Council to provide for the ongoing maintenance and servicing of the community trail improvements along the easement granted to the City of Highland. The development contains a total of 16 residential lots. The annual budget for Annexation No. 5 is divided equally by the total number of residential lots within the annexation in order to calculate the assessment amount per Benefit Unit.

Zone C- 7 Annexation No. 6 Tract No. 16914 was approved by the City Council to provide for the ongoing maintenance and servicing of the community trail improvements along the easement granted to the City of Highland along Cochran Street and through the park.

The development contains a total of 60 residential lots. The annual budget for Annexation No. 6 is divided equally by the total number of residential lots within the annexation in order to calculate the assessment amount per Benefit Unit.

Zone C- 8 Annexation No. 7 Tract No. 17263 was approved by the City Council to provide for the ongoing maintenance and servicing of the community trail improvements in Lot A of Tract 17263. The development contains a total of 25 residential lots. The annual budget for Annexation No. 7 is divided equally by the total number of residential lots within the annexation in order to calculate the assessment amount per Benefit Unit.

Zone C- 9 Annexation No. 8 Tracts 18935 and 16745 was approved by the City Council to provide for the ongoing maintenance and servicing of the community trail improvements within the right- of-way along Aplin Street of Tract 18935 and 16745. The development contains a total of 80 residential lots. The annual budget for Annexation No. 8 is divided equally by the total number of residential lots within the annexation in order to calculate the assessment amount per Benefit Unit.

M
-55-
Engineer' s Report
Consolidated Landscape and Lighting District No 96-1
City of Highland
Fiscal Year 2025- 26
Harris & Associates
Zones C- 1 through C- 9 include a 5% inflation adjustment to the assessment rates, subject to final approval by the City Council.

The following table provides a summary of typical assessments within Zone C.

ZONE C

COMMUNITY TRAIL MAINTENANCE

SUMMARY OF TYPICAL ASSESSMENTS
Zone
C- 1
Land Use
Single Family Residential
Assigned
BenefitUnits
1 Rate per
BenefitUnit

25. 72
Annual
Assessment

25. 72
C- 2 Single Family Residential 1 19. 90 19. 90
C- 3 Single Family Residential 1 35. 64 35. 64
C- 4 Single Family Residential 1 25. 72 25. 72
C- 5 Single Family Residential 1 25. 72 25. 72
C- 6 Single Family Residential 1 63. 34 63. 34
C- 7 Single Family Residential 1 35. 64 35. 64
C- 8 Single Family Residential 1 95. 03 95. 03
C- 9 Single Family Residential 1 22. 15 22. 15
39 -56-
Engineer' s Report
Consolidated Landscape and Lighting District No. 96- 1
I
HarrisS & ASSOC1atE5
City of Highland
Fiscal Year 2025- 26
Zone D Park Maintenance
At the time of formation, two zones of special benefit were established; Mutual Special Benefit, and Specific Benefit. The " Mutual Special Benefit" zone has been defined as the special benefit that accrues to each lot within the entire City related to Park Maintenance District No. 1. Mutual Special Benefit has been defined as 40% of the total benefit. At this time, the portion of costs applicable to Mutual Special Benefit will be paid by the City. The City may, however, at a future date, annex the remainder of the entire City into the Park Maintenance District No. 1 for purposes of assessing each lot situated therein based on the Mutual Special Benefit received. Tract No. 14757 is located adjacent to the existing Specific Benefit Zone D- 0 and is proposed to be annexed to Zone D- 0. Zone D- 1 ( Tract No. 16404) proposed to be annexed includes the dedication of a new City park to be maintained by the " Mutual Specific Benefit" zone as well as by the parcels in Zone D- 1 using the percentages established at the time the District was formed.

Specific Benefit has been defined as the special benefit that accrues to each lot within Zones D- 0 and D1, and is apportioned based on 60% of the total benefit, assessed at the time the property is subdivided.

There is a specific benefit received by properties within the " specific benefit" zone which includes:
a. Large outdoor areas and green spaces in close proximity to zone parcels which provide open - space and recreation opportunities.
b. Improved aesthetic appeal of nearby parcels.
c. Reduced criminal activity and property -related crimes ( especially vandalism) against properties in the District through well - maintained surroundings amenities and useable park and recreational facilities.

The servicing, operation and maintenance of park and landscape improvements directly benefits those parcels and/ or lots within the tract or subdivision. Lot size is not related to benefit received. Therefore, the benefits assigned to each lot will be equal, regardless of size, or land use zone designation.

Properties that are listed as tax exempt by the Assessor' s Office will not be assessed. In addition, lots that have an assessed valuation of less than $ 500 will not be assessed.

Mutual Specific Benefit" Zone - The " Mutual Special Benefit" zone has been defined as the special benefit that accrues to each lot within the entire City related to the maintenance of Park Maintenance District No. 1 ( Canyon Oaks Park, the City park dedication in Tract 16404 and the new City park dedication adjacent to Tract 16914). Mutual Special Benefit has been defined as 40% of the total special benefit. At this time, the portion of costs applicable to Mutual Special Benefit will be paid by the City. The City may, however, at a future date, annex the remainder of the entire city into the Park Maintenance District No. 1 for purposes of assessing each lot situated therein based on the Mutual Special Benefit received.

Zone D- 0 Zone D- 0 is responsible for the Specific Benefit portion of the maintenance of Canyon Oaks Park, defined as the special benefit that accrues to each lot within Tract 14629 and 40 -57-
Engineer' s Report
Consolidated Landscape and Lighting District No. 96- 1
I
Harris & Associates
City of Highland
Fiscal Year 2025- 26
Tract 14757, and is apportioned based on 60% of the total benefit, assessed at the time the property is subdivided
Zone D- 1 Zone D- 1 is responsible for the Specific Benefit portion of the maintenance of the City park dedication in Tract 16404, defined as the special benefit that accrues to each lot within Tract 16404, and is apportioned based on 60% of the total benefit, assessed at the time the property is subdivided
Zone D- 2 Zone D- 2 is responsible for the Specific Benefit portion of the maintenance of the new City park dedication adjacent to Tract No. 16914, defined as the special benefit that accrues to each lot within Tract 16914, and is apportioned based on 60% of the total benefit, assessed at the time the property is subdivided Zone D- 3 Zone D- 3 is responsible for the Specific Benefit portion of the maintenance of the new City park dedication adjacent to Tract No. 18199, defined as the special benefit that accrues to each lot within Tract 18199, and is apportioned based on 60% of the total benefit, assessed at the time the property is subdivided Zones D- 0 through D- 3 include a 5% inflation adjustment to the assessment rates, subject to final approval by the City Council.

The following table provides a summary of typical assessments within Zone D.

ZONE D

PARK MAINTENANCE

SUMMARY OF TYPICAL ASSESSMENTS
Assessment district incidental costs will be spread within each zone, pro- rata, based on the assessments levied.
41 -58-
Engineer' s Report
Consolidated Landscape and Lighting District No. 96-1
City of Highland
Fiscal Year 2025- 26
Harris & Associates To
An assessment diagram was prepared and filed in the Office of the City Clerk. The diagram consists of nine 9) index sheets and two ( 2) bound books of San Bernardino County Assessor' s Maps. The index sheets show the areas which include properties to be assessed and refer to the San Bernardino County Assessor' s maps for a more detailed description of the properties.

In addition, a diagram of the District Boundaries showing the exterior boundaries of the District has been submitted to the City Clerk, and is incorporated herein by reference. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Assessor of the County of San Bernardino for the year in which this Report was prepared, and are incorporated herein by reference and made part of this Report.
42 -59-
Engineer' s Report
Consolidated Landscape and Lighting District No. 96- 1
City of Highland
Fiscal Year 2025- 26
8I
Harris & Associates
The proposed assessment and the amount of assessment apportioned to each lot or parcel, as shown on the latest roll at the Assessor' s Office are submitted separately as Appendix B of the Engineer' s Report for the City of Highland, Consolidated Landscape and Lighting District No. 96- 1.

The description of each lot or parcel is part of the records of the Assessor of the County of San Bernardino and these records are, by reference, made part of this Report. 43 -60-
ATTACHMENT 2
-61-
RESOLUTION NO. 2025-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HIGHLAND

COUNTY OF SAN BERNARDINO, CALIFORNIA

GIVING PRELIMINARY APPROVAL OF ENGINEER' S REPORT FOR
CONSOLIDATED LANDSCAPING & LIGHTING DISTRICT NO. 96- 1
FISCAL YEAR 2025- 26
RESOLVED by the City Council of the City of Highland that WHEREAS, on the 28t" day of January, 2025 said City Council did adopt its Resolution No. 2025- 03 directing the Engineer of Work to make and file with the City Clerk of said City a report in writing as required by the Landscaping and Lighting Act of 1972 for Fiscal Year 2025- 25; and
WHEREAS, said Engineer of Work has made and filed with the City Clerk of said City a report in writing as called for in said Resolution and under and pursuant to said act, which report has been presented to this Council for consideration; and WHEREAS, said Council has duly considered said report and each and every part thereof, and finds that each and every part of said report is sufficient, and that no part of said report requires modification in any respect;
NOW THEREFORE, it is ordered as follows:

1. That the Engineer's Estimate of the itemized costs and expenses of said work and of the incidental expenses in connection therewith, contained in said report be, and each of them are hereby, preliminarily approved and confirmed.

2. That the diagrams showing the assessment District referred to and described in said report the boundaries of the subdivision of land within said Assessment District as the same existed at the time of passage of said Resolution, is hereby preliminarily approved and confirmed.

3. That the proposed assessment upon the subdivision of land in said Assessment District is in proportion to the estimated benefit to be received by said subdivisions, respectively, from said work and of the incidental expenses thereof, as contained in said report is hereby preliminarily approved and confirmed.

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4. That said report shall stand as the Engineer' s Report for the purposes of all subsequent proceedings, and pursuant to the proposed district.

APPROVED AND ADOPTED this 13th day of May, 2025.

Penny Lilburn
Mayor
ATTEST:

Alondra Munoz
City Clerk

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ATTACHMENT 3
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RESOLUTION NO. 2025-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HIGHLAND,

CALIFORNIA DECLARING ITS INTENTION TO LEVY AND COLLECT
ASSESSMENTS FOR FISCAL 2025-26 IN CONSOLIDATED LANDSCAPE AND LIGHTING DISTRICT NO. 96- 1, AN ASSESSMENT DISTRICT, AND OFFERING A

TIME AND PLACE FOR HEARING OBJECTIONS THERETO
The City Council of the City of Highland, pursuant to the provisions of The Landscaping and Lighting Act of 1972, being Division 15 of the Streets and Highways Code of the State of California, does resolve as follows:

Description of Work
SECTION 1. That the public interest and convenience requires and it is in the intention of the City Council of the City of Highland, California, to order the following work be done, to wit:

1. Maintenance, operation and servicing of landscaping and lighting as authorized by Section 22525 of the Streets and Highways Code.

2. Any and all work and materials appurtenant thereto or which are necessary or convenient for the maintenance and servicing thereof.

Location of Work
SECTION 2. The foregoing described work is to be located within roadway right- of-way and public utility easements, landscape easements, trail easements, park lands, etc., within the incorporated boundaries of the City of Highland, more particularly described on a map which is on file in the City Clerk' s office entitled " Assessment Diagram Consolidated Landscape and Lighting District No. 96- 1." Description of Assessment District
SECTION 3. That the contemplated work, in the opinion of said City Council, is of more local than ordinary public benefit, and the said City Council hereby makes the expense of said work chargeable upon a district, which said district is described as follows: All that certain territory of the City of Highland included within the exterior boundary line shown upon that certain " Assessment Diagram, Consolidated Landscape and Lighting District no. 96- 1," heretofore approved by the City Council of said City indicating by said boundary line the extent of the territory included within the proposed assessment district and which map is on file in the Office of the City Clerk of said City.

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Reference is hereby made to said map for further, full and more particular description of said assessment district, and the said map on file shall govern for all details as to the extent of said assessment district.

Report of the Engineer
SECTION 4. The Highland City Council by Resolution No. 2025- has accepted the report of the Engineer of Work, which report indicates the amount of the proposed assessment, the district boundary, detailed description of improvements, and the method of assessment. The report titled " Engineer' s Report Consolidated Landscape and Lighting District No. 96- 1" is on file in the Office of the City Clerk of said City and was prepared for the 2025-26 Fiscal Year in accordance with the Landscaping and Lighting Act of 1972. Reference to said report is hereby made for all particulars for the amount and extent of the assessments and for the extent of the work.

Collection of Assessments
SECTION 5. The assessment shall be collected at the time and in the same manner as County taxes are collected. The Engineer of Work shall file a report annually with the Highland City Council and the City Council will annually conduct public hearings upon said report as required by law, at which time assessments for the next fiscal year will be determined.

Time and Place of Hearing
SECTION 6. Notice is hereby given that on the 101h day of June 2025, at 6..00 p. m., or as soon thereafter as may be heard, the City Council of the City of Highland will hold a public hearing and any and all persons having any objection to the work or extent of the assessment district, may appear and show cause why said work should not be done or carried out in accordance with this Resolution of Intention. The City Council will consider all oral and written protests.

You may submit your comments by email in advance to the City Clerk at publiccomment@cityofhighland. org and include " Consolidated Landscape and Lighting District No. 96- 1" in the title. Any written comments received in this manner will be included as part of the public record on this matter.

Landscaping and Lighting Act of 1972
SECTION 7. All of the work herein proposed shall be done and carried through in pursuance of act of the legislature of the State of California designated the Landscaping and Lighting Act of 1972, being Division 15 of the Streets and Highways Code of the State of California.

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Assessment of Railroad, Gas, Water, or Electric Utility or Electric Line Right -of - Way
SECTION 8. That by reference to Section 22595 of the Streets and Highways Code all railroad, gas, water or electric utility or electric line right-of-way included within said Consolidated Landscape and Lighting District No. 96- 1 which will receive benefit will be assessed for said benefit.

Exclusion of Public Property
SECTION 9. All lots or parcels belonging to public agencies shall be omitted from assessments to be made hereafter to cover the costs and expenses of the Work.

Publication of Notice
SECTION 10. Published notice shall be made pursuant to Section 6061 of the Government Code. The publication of notice of hearing shall be completed at least 10 days prior to the date of hearings.

Certification
SECTION 11. The City Clerk shall certify to the adoption of this Resolution.

APPROVED AND ADOPTED this 13th day of May, 2025.

Penny Lilburn
Mayor
ATTEST:

Alondra Munoz
City Clerk

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STAFF REPORT

TO THE CITY COUNCIL
DATE: May 13, 2025
FROM: Carlos Zamano, City Manager
PREPARED BY: Lawrence A. Mainez, Community Development Director Maricela Marroquin, City Attorney
SUBJECT: Second Reading of Ordinance No. 468 amending Chapter 1. 20, Arrest and Citation, Chapter 2. 56, Administrative Citation Process, and Chapter 8. 58 of the Highland Municipal Code to increase the administrative fine as allowable under the State Fireworks Law for use of illegal fireworks, and other amendments to authorize enhanced code enforcement efforts.

RECOMMENDATION:

That the City Council conduct a second reading, read by title only, and waive further reading of Ordinance No. 468 amending Chapter 1. 20, Arrest and Citation, Chapter 2. 56, Administrative Citation Process, and Chapter 8. 58 of the Highland Municipal Code to increase the administrative fine as allowable under the State Fireworks Law for use of illegal fireworks, and other amendments to authorize enhanced code enforcement efforts.

PREVIOUS ACTION / BACKGROUND:

On May 7, 2025, the City Council held a public hearing for the subject Municipal Code Amendment and no modification were made, therefore staff recommends the City Council recognize the subject Ordinance and adopt as submitted.

ATTACHMENT:

1. Ordinance No. 468, amending the Highland Municipal Code Chapter 1. 20, Chapter 2. 56, and Chapter 8. 58.
pproved Motion
Denied
inued
led
Ayes
Noes
Abstain
Absent
City Clerk
Second Agenda Item No. _ 0
File No.

City Manager
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ATTACHMENT 1
Ordinance No. 468, amending the Highland Municipal Code Chapter 1. 20, Chapter 2. 56, and Chapter 8. 58 related to illegal fireworks enforcement
-2-
ORDINANCE NO. 468

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HIGHLAND, CALIFORNIA, DELETING CHAPTER 1. 20 ( ARREST AND CITATION PROCEDURES) OF TITLE 1 ( GENERAL PROVISIONS); AND AMENDING CHAPTER 2. 56 ( ADMINISTRATIVE CITATION PROCESS) OF TITLE 2 ADMINISTRATION AND PERSONNEL) AND CHAPTER 8. 58 ( FIREWORKS) OF TITLE 8 ( HEALTH AND SAFETY) OF THE HIGHLAND MUNICIPAL CODE

PERTAINING TO THE ENFORCEMENT OF FIREWORKS VIOLATIONS
WHEREAS, the City of Highland pursuant to its police power, may adopt regulations to protect the health, safety, and welfare of the public under California Constitution, Article XI, Section 7 and California Government Code Section 37100.

WHEREAS, the City has the authority under California Government Code Section 53069. 4 to issue administrative citations for violations of the City' s ordinances and impose administrative fines and penalties for such violations; and further has authority pursuant to Health and Safety Code Section 12557 for the imposition of fines related to persons who possess, sell, use and/ or display, and/ or the seizure of, 25 pounds or less ( gross weight) of dangerous fireworks.

WHEREAS, pursuant to Section 8. 58. 020 of Chapter 8. 58 ( Fireworks) of Title 8 ( Health and Safety) of the Highland Municipal Code, the City has provided that " no person shall have in his or her possession, or keep, store, use, shoot, discharge, set off, ignite, explode, manufacture, sell, offer to sell, give or transport, any fireworks, dangerous fireworks or safe and sane fireworks, except for use as agricultural and wildlife fireworks or for use during a public display of fireworks pursuant to a permit obtained under the provisions of Sections 12640 through 12654 of the California Health and Safety Code, and this code."
WHEREAS, despite the prohibition on fireworks in the Highland Municipal Code, people within the City illegally use fireworks on or near the Fourth of July holiday and also during or near other entertainment and cultural events and festivals throughout each year.

WHEREAS, the City Council finds that the use and discharge of illegal fireworks in the City' s local streets and neighborhoods poses a risk to life and property.

WHEREAS, the City Council finds that it is in the interest ofthe health, safety and welfare ofthe City to increase efforts to deter fireworks activity through the use of administrative citations.

WHEREAS, the City Council finds that it is in the interest ofthe health, safety and welfare ofthe City to hold owners and tenants of private property responsible for the unlawful use, discharge, possession, storage and sale of dangerous fireworks on their property.

NOW, THEREFORE, the City Council of the City of Highland does hereby ordain as follows:

Section 1. Code Amendment. Chapter 1. 20 ( Arrest and Citation Procedures) of Title 1 ( General Provisions) ofthe Highland Municipal Code is hereby deleted in its entirety. 1 -3-
Section 2. Code Amendment. Section 2. 56. 030 ( General enforcement authority) of Chapter 2. 56 ( Administrative Citation Process) of Title 2 ( Administration and Personnel) ofthe Highland Municipal Code is hereby amended to read as follows, with additions shown in underlined text, with all other provisions of Chapter 2. 56 remaining unchanged:

For the purposes of this chapter, the city council designates the police officers, police specialists, city engineer, community development director, assistant community development director. city planner, building official, building inspectors, code compliance officers, business license coordinator, fire chief and fire code inspectors designated by the fire chief as enforcement officers, and their designees with the power to issue administrative citations, inspect public and private property and use whatever judicial and administrative remedies are available under the municipal code and state code."
Section 3. Code Amendment. Section 2. 56. 040 ( Service of administrative citations) of Chapter 2. 56 ( Administrative Citation Process) of Title 2 ( Administration and Personnel) ofthe Highland Municipal Code is hereby amended to read as follows, with additions shown in underlined text, with all other provisions of Chapter 2. 56 remaining unchanged:

A. Administrative citations shall be served as follows:

1. Personal service on the property owner( s); or

2. a. Registered or certified mail, postage prepaid, return receipt requested. Simultaneously, a copy ofthe administrative citation may be sent by regular mail. Ifan administrative citation sent by registered or certified mail is returned unsigned or deemed undeliverable, then service shall be deemed effective pursuant to regular mail, provided the copy of the administrative citation that was sent by regular mail is not returned; and
b. Posting a copy ofthe administrative citation conspicuously on or in front ofthe property.

Administrative citations for violations of Chapter 8. 58 shall not require posting and service shall be deemed complete via personal service or service by registered or certified mail.

Service by registered or certified mail in the manner described above shall be deemed to have been completed or be effective on the date of delivery.

B. The failure of any property owner to receive any notice served in accordance with this section shall not affect the validity of any proceedings taken under this chapter." Section 4. Code Amendment. Section 2. 56. 050 ( Administrative citation procedures) of Chapter 2. 56 ( Administrative Citation Process) of Title 2 ( Administration and Personnel) of the Highland Municipal Code is hereby amended to read as follows, with additions shown in underlined text and deletions shown in strikethrough text, with all other provisions of Chapter

2. 56 remaining unchanged:

A. Upon discovering a violation of the municipal code or the state code, an enforcement officer may issue an administrative citation to a property owner in the manner prescribed in this chapter.

If there exists a continuing violation pertaining to building, plumbing, electrical, or other similar structural or zoning issues, however, and that violation does not create an immediate danger to health or safety, the enforcement officer may issue notice to the property owner of that violation 2 -4-
in the manner prescribed by HMC 2. 56. 040. The property owner must correct or otherwise remedy the violation within at least 15 days from the date of service of this notice; otherwise, the enforcement officer may issue an administrative citation to the property owner for violations of the municipal code or applicable state codes. An administrative citation may be issued for any violation of or failure to comply with any condition imposed by any entitlement, permit, agreement or environmental document issued or approved under the provisions of the municipal code.

B. When issuing an administrative citation via personal service, Iif the property owner is not an individual, the enforcement officer shall attempt to locate an authorized representative of the owner, if known, and issue the owner an administrative citation. If the enforcement officer can only locate the manager or on -site supervisor, the administrative citation may be issued in the name of the owner and the manager or on -site supervisor and given to said manager or on -site supervisor. A copy of the administrative citation shall also be mailed to the owner in the same manner, as described in HMC 2. 56. 040.

C. When issuing an administrative citation via personal service, once the property owner or its authorized representative is located, the enforcement officer shall attempt to obtain the signature ofthat person on the administrative citation. Ifthe property owner or its authorized representative refuses or fails to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the administrative citation or subsequent proceedings.

D. If the enforcement officer is unable to leeate personally serve the property owner or its authorized representative at the property, then the administEative+ t hl be mailed to the property owner- in the manner- py-eser-ibed in 14MG 2.56. 040. E.

If no one ea be laeated at the " rope t ; the administrative citation shall be posted in a conspicuous place on or near the property and a copy subsequently mailed tothe property owner in the manner prescribed in HMC 2.56. 040 except for administrative citations for violations of Chapter

8.58 ( Fireworks) which shall not require posting_ E.

E. The administrative citation shall also contain the printed name and signature ofthe citing enforcement officer. F.

F. The administrative citation shall be mailed tothe property owner inthe manner prescribed by HMC

2.56. 040." Section

5. Code Amendment. Section 8.58. 050 ( Seizure and disposal) of Chapter8.58 Fireworks) of Title 8 (Health and Safety) of the Highland Municipal Code is hereby amended toread as follows, with additions shown inunderlined text, with all other provisions of Chapter8.58 remaining unchanged: A.

It shall be the duty of the fire chief and his or her authorized representatives andthe police chief and his or her authorized representatives toenforce the provisions ofthis chapter. B.

The fire chief and his or her authorized representatives and the police chief and his or her authorized representatives shall have the authority toseize, take, remove, store and dispose of any fireworks, dangerous fireworks and safe and sane fireworks. The fire chief and his or her authorized representatives and the police chief and his or her authorized representatives may 3 -5-
charge any person whose fireworks are seized pursuant to this section a reasonable amount which is sufficient to cover the cost of transporting, storing, handling and disposing of the seized fireworks.

C. At the time of seizure of any fireworks, the fire chief and his or her authorized representatives and the police chief and his or her authorized representatives shall serve by personal service an administrative citation pursuant to Chapter 2. 56 HMC for a violation of this section to any property owner or any property owner' s authorized representative whose fireworks are seized." Section 6. Code Amendment. Section 8. 58. 060 ( Penalties) of Chapter 8. 58 Fireworks) of Title 8 ( Health and Safety) of the Highland Municipal Code is hereby amended to read as follows, with additions shown in underlined text and deletions shown in strikethrough text:

A. Any person who violates any provision of this chapter is subject to prosecution as either an infraction or a misdemeanor as set forth in Chapter 1. 24 HMC.

B. A violation ofany provision ofthis chapter is subject to an administrative citation in the amount of $1, 009--$2, 000 for each violation pursuant to the procedures set forth in Chapter 2. 56 HMC.

Such administrative remedy may be exercised in place of, or in addition to, any administrative, criminal, civil, or equitable remedy allowed by law.

C. If a person who violates any provision of this chapter is charged with a misdemeanor, upon conviction that person shall be punished by a fine of not more than $ 1, 000, or by imprisonment in the county jail for a period not exceeding one year, or by both such fine and imprisonment.

D. A person is guilty of a separate offense for each and every day or portion thereof during which he or she commits, continues or permits a violation of this chapter.

E. Nothing in this chapter shall be interpreted to limit any of the penalties provided for under the California Health and Safety Code or Penal Code with regard to the sale, use, possession, delivery and/or transportation of dangerous fireworks."
Section 7. CE A.

The Ordinance is not subject to the California Environmental Quality Act (" CEQA") pursuant to CEQA Guidelines Section 15061( b)( 3) because it can be seen with certainty that there is no possibility that the adoption of the Ordinance will have a significant effect on the environment.

Section 8. Severability.

If any one or more of the terms, provisions or sections of this Ordinance shall to any extent be judged invalid, unenforceable and/or voidable for any reason whatsoever by a court of competent jurisdiction, then each and all of the remaining terms, provisions and sections of this Ordinance shall not be affected thereby and shall be valid and enforceable.

Section 9. Publication.
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The City Clerk is directed to publish this Ordinance as required by law prior to the expiration of fifteen ( 15) days after its passage.

PASSED, APPROVED AND ADOPTED this 13th day of May, 2025.

Penny Lilburn
Mayor
ATTEST:

Alondra Munoz
City Clerk
APPROVED AS TO FORM:

Maricela Marroquin
City Attorney
5 -7-

STAFF REPORT

TO THE CITY COUNCIL
DATE: May 13, 2025
FROM: Carlos Zamano, City Manager
REVIEWED BY: Lawrence Mainez, Community Development Director, and Kim Stater, Assistant Community Development
Director l
PREPARED BY: Travis Trejo, Assistant Planner -A
SUBJECT: A Special Event Permit ( SEP 25- 001) by Immanuel Baptist Church for a 4th of July community event,
fireworks display and request for co- sponsorship.

Location: 28355 Base Line Street, Highland, CA 92346
Applicant: Immanuel Baptist Church
RECOMMENDATION: Staff recommends the City Council consider the following actions:

1. Approve the Special Event Permit 25- 001 subject to
the conditions of approval; and

2. Approve a request by Immanuel Baptist Church for
Co -Sponsorship and waiving of City Police and Fire
permit fees, and Public Works traffic control in the
amount of approximately $ 15, 402. 62.

FISCAL IMPACT: The City Council has adopted a policy whereby no fee will be collected for processing a Special Event Permit. Application Cost to the City is time and materials Approved Motion
Denied Ayes
Continued Noes
Tabled Abstain
Absent
City Clerk
Second Agenda Item No. _ . 17
File No.
nager
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City Council Meeting of
May 13, 2025
SEP 25- 001
for preparation of the Staff Report and advertisement. Event costs identified by the City' s public Works Department ($ 2, 533. 00), Police Department ($ 12, 667. 32) and Fire Marshal ($ 202. 30) are typically paid by an Applicant prior to the Event. A waiver of police services, fire, and public works traffic control has been requested.

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: Immanuel Baptist Church is seeking approval of its Annual 4th of July Community event and firework display. Additionally, they are requesting co- sponsorship for Police Department, Fire, and Public Works expenses (see attachment 1).

The 4th of July community event and fireworks display is scheduled for Friday, July 4, 2025, from 6: 00 P. M. thru 10: 00 P. M. It is anticipated the Event will draw approximately 5, 000- 7, 0000 people on -site over a period of three-four (3- 4) hours. Activities for the 4th of July Community event would include food vendors, broadcast music and a fireworks display. Church volunteers will provide assistance and security on the site. In addition, first aid will be present on -site provided by Immanuel Baptist Church. All other related equipment and services such as lighting and sound accessories, restroom facilities and trash collection will be provided for by Immanuel Baptist Church.

Per the Highland Municipal Code Section 8. 58. 030 ( Firework Displays), and Section 16. 08. 130 Special Events), a public display of fireworks, under the direction of a pyrotechnic operator is permitted by City Council approval. Immanuel Baptist Church has contracted with " Pyro Spectaculars", a professionally licensed pyrotechnic company, who will provide a full service Sky Concert consisting of a licensed operator, an electronic firing system, custom show choreography and design, insurance coverage, and delivery. Additionally, Cal Fire Battalion Chief Liz Brown, will be present at the event to ensure the required inspections are done.

Co- sponsorship Request: Immanuel Baptist Church has requested City Co-Sponsorto help assist with Police Department expenses, Fire Permits, and Public Works traffic control support in the amount of $15, 402. 62 ( see attachment 1).

The Special Event Permit Application has been circulated to all the City' s Departments for comments and Conditions, if necessary and appropriate.

Attachments: 1. Co- sponsorship request letter

2. Site Plan

3. Department Conditions

4. Highland Municipal Code Section 8. 58 - Fireworks
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Attachment 1:

Co -Sponsorship Request Letter
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I MANUEL

BAPTISTCHU RCH
March 6, 2025
City of Highland
27215 Base Line
Highland, CA 92346
Dear City Council and City Staff,
This letter comes to you as the permit request for the Community July 4" Fireworks display scheduled for Friday, July 4, 2025 from 6:00pm- 10:00-pm. Our event will take place on our ballfields, parking lots and Northwest dirt lot (fireworks staging and firing zone).

The services include food vendors, limited family seating and activities on the ballfields, broadcasting music duoughout the event, and approximately 20-25 minutes ofaerial fireworks provided by Pyro Spzctaculars Productions, Inc).

We anticipate 5, 000-7,000 people at this event over a period of 3- 4 hours. The Church' s Safety team and a security company{ will be providing general security on the campus and will perform a bag check at the entrance to the fields. In addition, the Church' s volunteer safety and medical teams will provide parking direction, traffic control from the campus, security on site, along with a First Aid booth set up for minor needs.

The Church is requesting the City to be a co-sponsor of this community event, as has been the case in prior years, and provide for Police, Fire and Public Works services and expenses. This will greatly assist in being able to offer this event, and the Church has very much appreciated this co -sponsoring in the past. The Church will provide an area for Police and fire staff and vehicles to stage from on our campus.

Other items --trash will be collected and disposed of via a Burrtec dumpster on site, including recyclable and organic waste receptacles. Restrooni facilities will include 14 portable toilets, 6 of which are handicap accessible, some with hand washing stations„ as well as hand sanitizing dispensers will be provided thru out the event.

Thank you for the years ofcooperation you have given us as we all seek to serve the citizens of the Citv of Highland. Please find the attached special event permit application and an event site plan along with other documents. If you have any questions, please feel free to contact me.

Sincerely,
9 7;L
Dr. Tracy .Johnson
Executive Pastor -Ministry
28355 BASELINE ST, HIGHLAND, CA 92346 ( 909) 425-1777 IBCHIGHLAND. OPG -4-
Attachment 2:

Site Plan
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1 -6-
Attachment 3:

Department Conditions
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CITY OF HIGHLAND

PLANNING DIVISION CONDITIONS OF APPROVAL
Date: May 6, 2025
Applicant: Immanuel Baptist Church — Applicant
File/ Index: Special Event Permit ( SEP- 25- 001)
Proposal: 4t" of July community event and professional firework display Location: 28355 Base Line

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 Engineering, Fire Department and Building and Safety. All required on -site and off -site conditions shall be completed prior to the event date, except where noted.

Special Event Permit No. 25- 001 is approved, subject to compliance with the conditions of approval contained herein. The conditions of approval listed below are continuing conditions; failure of the Applicant and/ or operatorto comply with any/all conditions at any time, shall result in initiating revocation of the subject permit.

General
This Special Event Permit approval shall become null and void:
a. Unless all conditions have been complied with and authorized by Special Event Permit No. 25- 001 has occurred.

2. The subject event shall be in compliance with the approved plans on file with the City of Highland Planning Division and shall be in compliance with all conditions of approval contained herein.

3. Revisions, modifications, and/ or deletions to the approved plans must be submitted to the Planning Division for review and approval prior to the event date.

4. ( NS) No later than 2 weeks in advance of the event, Immanuel Baptist Church Applicant) shall provide a " neighborhood mailer" to all residents within a 1, 000 sq. ft. radius of Immanuel Baptist Church property lines notifying them of the proposed event details.
a. A copy of the mailer and location map shall be provided to the City prior to distribution.

5. In compliance with the Highland Municipal Code, the Applicant/ Owner shall agree, at his/ her sole cost and expense, to defend, indemnify, and hold harmless, the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third -party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval -8-
of the City Council, Planning Commission, or other decision -making body, including staff, concerning this project. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve the Applicant/ Owner of his/ her obligations under this condition.

6. The 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.

7. The owner/ applicant is responsible for implementing all conditions of approval to the satisfaction of the Community Development Director, City Engineer, Fire Department, Public Services, Public Works, and Police Department. Final clearances shall not 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.

8. All Ordinances, Policy Resolutions, and Standards of the City in effect at the time this project is approved shall be complied with as a condition of this approval.

9. The applicant shall comply with all Federal, State, and Local laws.

10. No intensification of use event scope and nature described in the application ( i. e., SEP- 25- 001), which would tend to increase the projected scale of the event, shall be permitted except upon application for, and approval of, modification of this permit in compliance with all procedures and requirements therefore.

11. ( NS) If sheriff reserves or any other related police/sheriff volunteers are required to stay over the time suggested on the attached comment sheet the applicant will be responsible for paying additional fees pertaining to the overtime. Overtime fee' s will need to be paid within forty- eight (48) hours of the event end date and time to the City of Highland.

Signage

12. Event signage shall be in compliance with Chapter 16. 56 of the Highland Municipal Code and shall be reviewed and approved under a separate application prior to installation. All signage shall be consistent with the type allowed within the zone and, as conditioned, the tenant space shall not be marked in an exaggerated manner and no banners or streamers shall be strung on the property. Any signage that creates a potential distraction to motor vehicle operations shall be prohibited.

13. All signs and sign structures shall be located outside of the public right- of-way. -9-
Maintenance

14. All trash, litter, debris, etc. that may be generated outside of the property (off -site) by the participants and organizer of the event shall be the responsibility of the applicant or property owner.

Pyrotechnic Element

15. Pyro Spectaculars shall take into account wind direction and speed the day of the event to limit debris and ash fallout onto buildings and structures. The firing site should be moved as needed to meet the safety of surrounding structures and visitors.
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SAN BERNARDINO

COUNTYY
SHANNON D. DICUS, SHERIFF - CORONER
April 11, 2025
City of Highland
27215 Base Line Street
Highland, CA 92346
Re: SEP 25- 001 Immanuel Baptist Church 4th of July Fireworks Show Immanuel Baptist' s annual 41h of July fireworks show has become one of the most popular displays in the San Bernardino valley, attracting thousands of visitors to the City of Highland.

When combined with the City' s annual 41h of July parade that occurs in the morning, staffing levels at the Sheriff' s Department are extremely strained that day. In order to manage both events, and ensure public safety, the Sheriff's Department has to bring in and pay overtime to personnel who are either off duty or from other stations.

Immanuel Baptist' s event is officially held from 6: 00 pm until 10 pm, although traffic starts to increase early in the afternoon and affects may of the surrounding neighborhoods as spectators stake claim to good parking and other viewing locations.

Immanuel Baptist provides private security inside the venue and last year there were no major issues reported. Sheriff' s Department personnel are assigned to support security inside the venue during the show and take control in the event of a criminal act. Sheriff' s Personnel also provide public safety for the immediate surrounding neighborhoods and traffic control with egress as spectators leave the city after the show ends. Many spectators choose to park and watch the show from outside of the venue.

Because of the mass exodus all at the same time after the show, it usually takes upwards of one to two hours for the arterial roadways to resume normal traffic flow.

This year' s event will be staffed with the following personnel, each working a 6- hour shift from 5: 00 pm to 11: 00 pm. This will allow Sheriff' s personnel to be in place as the event starts, and provides enough time to manage traffic afterwards. Of course, as in all other cases, should traffic clear out before 11: 00 pm, the on -scene supervisor will send employees home as appropriate.

SAN BERNARDINO COUNTY SHERIFF' S DEPARTMENT
655 East Third Street • San Bernardino, California 92415- 0061 Post Office Box 569 • San Bernardino, California 92402- 0569 -11-

The following staff will be scheduled for the event. The overtime costs are figured at the County' s current 2024/ 2025 public gathering event fee schedule ( attached). In the past, Reserve Deputies were used at a lower cost. However, Highland Sheriff' s Station only has one remaining Reserve Deputy and he is not always available. Should any Department Reserves choose to work the event, they would take the place of a Deputy Sheriff at a lower cost. 1 Sergeant ( Supervisor) $ 1, 085. 40
14 Deputy Sheriffs $ 11, 581. 92
1 Sheriff' s Service Specialist $ 194. 00
15 Citizen on Patrol / Explorer Scouts No Cost
Total Overtime Amount $ 12, 667. 32
The staffing for this event is based on the after -action report generated after last year' s event. It includes consideration for the number of spectators expected to enter the city and covers the required traffic control to ensure safe egress as they leave.

If these costs are not collected from the event organizer, the Highland Sheriff's Station will be required to cover the costs from the allotted yearly overtime budget.

If you have any questions, please reach out to me.

Phill Dupper, Lieutenant
Highland Sheriff' s Station
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SHANNON D. DICUS
SHERIFF -CORONER 1
1 f
r e II(

SAN BERNARDINO COUNTY
j
DATE: June 25, 2024 PHONE: ( 909) 387- 0640
tv
FROM: KELLY WELTY, CHIEF DEPUTY DIRECTOR
Bureau of Administration
TO: ALL USERS
SUBJECT: FY 2024/ 25 UPDATED FEE SCHEDULE
The Fiscal Year 2024/ 25 County Fee Ordinance outlining the fees to be charged for services provided to the public has been approved by the Board of Supervisors. These fees are effective July 18t, 2024. Please update your schedules/ forms to include the updated fees.

Please see the attached FY 24/ 25 Fee Schedule.

Thank you.

KW/ bc
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SECTION 35. Effective July 1, 2024, Section 16. 0226 of the San Bernardino County Code is amended, to read:

16. 0226 Sheriff/Coroner/ Public Administrator.
a) Locker rental................................................................................................ $ 0. 75 b) Record clearance letter............................................................................. $ 38. 09 c) Photocopies:
1) Records................................................................................... $ 1. 25/ page 2) Medical records...................................................................... $ 16. 00/ hour In addition, there is a flat rate of $ 6. 00 per report mailed, for the cost of supplies and postage or in accordance with Health and Safety Code Section 123110( d)( 1).
d) Photographs:
1) Mug shots....................................................................................... $ 14.00 2) Video/Audio copy to digital format .................................................. $78.57 3) Digital images up to 10 images ....................................................... $ 96. 70 4) Each additional digital image over 10............................................... $ 5. 00 5) 3D images copy to digital format ................................................... $ 146. 83 e) Concealed Weapon Permit ( reservists exempt) ...................................... $ 158. 00 1) Annual renewal ( reservists exempt) ................................................ $ 40. 00 2) Concealed Weapon Permit,
Training ( reservists exempt)......................................................... $ 112. 00 3) Concealed Weapon Permit, modification - additional weapon reservist exempt)........................................................................... $ 16. 00 NOTE: A pass -through processing fee of $5. 00 will be charged for both new and renewal applications. This fee is not retained by the County.
f) Fingerprinting live scan.............................................................................. $ 32. 00 g) Response to subpoena duces tecum........................................................ $ 15. 00 Page191
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h) C.A. D. record search......................................................................... $ 83. 00/ hour 1) Government background check ...................................................... 33. 00 i) Public Records Act requests requiring programming and computer services Government Code section 7922. 575)............. Actual costs to construct a record and the cost of programming and
computer services necessary to
produce a copy of the record, when
I ............................ the record is electronic and only produced at regularly scheduled
intervals or the request would
require data compilation, extraction, or
programing to produce the record
j) In -custody letters for bail bondsmen.......................................................... 30. 00 k) Aircraft fees:
1) Helicopter ( UH- 1 H)............................................................ 3, 213. 00/ hour 2) Helicopter( B- 212).............................................................. $ 3, 302. 00/ hour 3) Helicopter (Airbus H125)................................................... 1, 983. 00/ hour 4) Airplane ( Grand Renaissance)...........................................$ 1, 846. 00/ hour 5) Airplane ( King Air).............................................................. $ 2, 059. 00/ hour 1) Private policing by Sheriff' s Department at public gatherings:
1) Sheriff Reserve Deputy........................................................... 60. 63/ hour 2) Sheriff Deputy....................................................................... 137. 88/ hour 3) Sheriff Detective................................................................... 152. 14/ hour 4) Sheriff Sergeant....................................................... I............ $ 180. 39/ hour m) Administrative charges for explosive permits:
1) Permit application........................................................................... 86. 00 2) Permit:

A) 100 lbs. explosive or less ....................................................... 2. 00 2QK4270 II Page 192
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B) Over 100 Ibs......................................................................... $ 10.0c 3) Magazine/ site inspection:

A) Retail outlets of black sporting
powder and smokeless powder .......................................... $ 203. 00 B) Manufacturer' s wholesale/ retail
outlets of other explosives .................................................. $ 250.00 C) All other storage magazines/ sites...................................... $ 167. 00 Verification of vehicle equipment citation correction .................................. $ 25. 00 Vehicle Releases..................................................................................... $ 155. 00 Fee will be waived upon presentation of sufficient proof that the vehicle was stolen. Sufficient proof includes evidence that the owner timely reported to law enforcement that the vehicle was stolen.

Repossession Recovery Fee..................................................................... $ 15. 00 Contract polygraph exams:
1) Criminal exams............................................................................. $ 324. 00 2) Pre -employment exams................................................................ $ 200. 00 Correctional education programs - Bakery and Food
Services......................................................................... Actual costs of materials Firearm storage and related expenses ( per Family Code section 6389):
1) First firearm..................................................................................... $ 80. 00 2) Each additional firearm................................................................... $ 39. 00 3) Per day storage................................................................................ $ 2. 00 Coroner fees:
1) Coroner Report of Death................................................................ $ 11. 00 2) Private autopsy.......................................................................... $ 2, 882. 00 3) Storage fee for human remains in morgue in excess of 10 calendar days of Coroner notification of release ( fee may be waived based on ability to pay) .......................... $22. 09/ day, not to exceed $ 100. 00 total Page193
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4) Archive retrieval.............................................................................. 99. 00 5) Body removal................................................................................ 283. 00 6) Collection of specimens:

A) DNA sample ( does not include cost of tests) ..................... 214. 00 B) Blood/ Vitreous sample ( does not include cost of tests)...... $ 203. 00 7) Digital Images:

A) Digital images up to 10 images ............................................ 56. 00 B) Each additional digital image over ten .................................... 3. 00 8) Paraffin block re -cuts processing:

A) Micro slides — regular .................................................. 75. 00/ each B) Micro slides — special stains........................................... Actual cost 9) Protective Wear:

A) Observer..................................................................... 40. 00 each B) Autopsy....................................................................... 48. 00 each 10) Digital x- ray duplication.........................................................$ 114. 00 each Bail bond company advertising:
1) Type 1 Detention Facilities .................................................. 22. 00/ month 2) Type 2 Detention Facilities .................................................. 28. 00/ month Background investigations required for County issued business license/operator permit ( new or renewal) ................................................ 325. 00 Business Licensing:
1) Gun Dealer Permit.......................................................................... 69. 00 2) State Pawnbroker Permit................................................................ 35. 00 3) State Secondhand Dealer Permit ................................................... 35. 00 4) Taxicab Driver Permit..................................................................... 37. 00 Peace Officer witness deposit.........................................................$ 275. 00 each NOTE: Additional costs, if any, over the initial $ 275. 00 are due and payable after all Peace Officer Witness fees have been calculated.

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y) En route housing fee........................................................................ $ 173. 76/ day z) Training Course/ Class........................................................................ Actual Cost aa) Stop payment fee............................................................................. $ 10. 00 each

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

DATE : April 16, 2025 Page 1 of 3
APPLICANT : Immanuel Baptist Church
ADDRESS : 28355 Base Line
SITE LOCATION: Parking Lot / Baseball Fields— 4th of July Firework Event Thursday July 41h 2025 — 6pm to 10pm
FILE / INDEX No.: SEP 25-001 — IBC 4th of July Firework Display Compliance with the following items are conditions of FIRE DEPT. APPROVAL OF EVENT.

These conditions are required as acceptable solutions to the adverse fire conditions impacting firefighting and emergency operations accompanying the site/ area and/ or event. 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 dept./Cal- Fire. For event approval the applicant shall comply with the existing California Fire Code and all applicable statutes, codes, ordinances, standards and policies of the City of Highland fire prevention division fire department.

1. Per the site plan and permit request letter submitted, FIRE MARSHAL conditions are as follows.

2. A California State Fire Marshal flame- retardant certificate must be provided ( CCR T- 19), if tent ( over 400 square feet) and/ or air supported structures are used.

3. Outdoor fireworks displays shall comply with 2022 CFC Chapter 56 as well as CCR Title 19, Division 1, Chapter 6, Article 4 ( permits) and Article 15 public display) and NFPA 1123.

4. Adequate marking and security personnel shall be used to prevent event attendees from accessing the fireworks firing site, from all 4 sides, throughout the entire display.

5. Pyrotechnic operators shall meet with local Battalion Chief / Captain prior to the event to provide an overview of the display and to discuss emergency plan and locations of fire apparatus.
1 -19-

6. Fire extinguishers and other fire -protection equipment shall be provided. Minimum rating for fire extinguishers shall be: 2A- 10BC: Location and number shall be determined by the Fire Marshal or Battalion Chief during site inspection.

Extinguishers shall be mounted with a current ( within 1 year from date indicated) State Fire Marshal tag affixed.

7. The areas for the car show and food trucks shall be configured to provide emergency access.

8. The area around the stage shall be maintained free of non -essential items.

Electrical distribution cords shall be in good repair and of the proper size for the intended use. NO SMOKING on the stage or within 10 feet of the stage. Hay bales or other flammable materials shall not be used to create seating areas in front of the stage area.

9. Ground covering shall be of non- combustible or treated materials and maintained in an approved flame- retardant condition. No straw, hay or other unapproved flammable / combustible materials are allowed as ground covering or wall treatments. ( CFC 31 04. 2)

10. Temporary Electrical wiring/ generation shall comply with the National Electrical Code and be inspected and approved by the Fire Marshal & City Building & Safety Official.

11. Lighting generators ( self-contained units) shall be secured from movement and properly protected from tampering by event attendees. Any refueling of the units shall be performed with the engines turned off. Fuel for the generators shall be stored in a secure area not accessible by event attendees.

12. Emergency fire and rescue access lanes shall be maintained at all times. Minimum width for emergency access lanes shall be twenty (20) feet and support a live load for fire apparatus of 74, 000 pounds. Emergency access lanes shall be provided, so that any point at event shall not exceed one hundred fifty ( 150) feet from emergency access road.

13. Concession stands utilized for cooking shall have a minimum of 10 feet of clearance on two sides and shall not be located within 10 feet of other cooking booths and shall not be located within 20 feet of a tent, canopy, membrane structure or attractions.

14. No open -flame demonstrations shall be allowed ( on stage) by performers and/ or audience.

15. The stage area shall have one fire extinguisher ( minimum 2A- 10BC) on each side at the front area.
2 -20-

16. Cooking areas that utilize fryers or create grease laden vapors shall have a K-Type 40BC) fire extinguisher of adequate size with a current State Fire Marshal tag affixed.

17. All volunteers shall be made aware of how to request assistance in the event of an emergency or other incident.

A permit fee is due prior to the event. Contact the Building and Safety Department at 909) 864- 6861 ext. 232 for permit fee amount.

An inspection of the grounds will be performed to confirm compliance with the above conditions.

If you have any questions or concerns regarding the above or wish to discuss other mitigation alternatives contact the City of Highland - Fire Prevention Department. ig Sanchez, Fire arshal
City of Highland F re Prevention
909) 864- 8732 x 248
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i9®9

CITY OF HIGHLAND
a
p FIRE PREVENTION DIVISION
27215 Baseline St., Highland Ca, 92346
Fire Prevention: ( 909) 864- 8732 X 248 1 Inspection Request Line 909- 864- 8732 X 228

APPLICATION FOR FIRE DEPARTMENT INSPECTION

SUBMIT PLOT PLAN AND FLOOR PLAN
TYPE OF INSPECTION REQUESTED:

INITIAL / ANNUAL FLAMMABLE LIQUID STORAGE INITIAL / ANNUAL GREEN WASTE INITIAL / ANNUAL HAZARDOUS MATERIAL INITIAL / ANNUAL L.P. STORAGE

ANNUAL SUPPRESSION SYSTEM INITIAL / ANNUAL HIGH -PILED STORAGE

RESIDENTIAL DAY CARE COMMERCIAL DAY CARE

PLACES OF ASSEMBLY SPECIAL EVENT

BUSINESS LICENSE OTHER -
SITE ADDRESS:

CITY / ZIP
BUILDING OWNERS NAME:

MAILING ADDRESS:

CITY / ZIP
APPLICANT NAME:

MAILING ADDRESS:

CITY / ZIP
TITLE OF APPLICANT. -
SIGNATURE:

DATE

STATE ZIP

STATE ZIP

STATE ZIP
FIRE PREVENTION DEPT. USE ONLY
DATE:

FIRE PREY. REFERENCE NO.

APN:

PHONE:

E- MAIL:

PHONE:

E- MAIL:

FIRE PREVENTION DEPT. USE ONLY
Form Date 12/ 28/ 2022
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IBC 4th of July Firework Display
Public Works Cost Estimate for Services
July 4, 2025
Public Works No Parking Posting/ Equipment
Pre Loading Units Unit Price Total
Maintenance Worker II - Pre Event Set Up ( 7- 3- 25) 2 127 254 Senior Maintenance Worker - Pre Event Set Up ( 7- 3- 25 2 81 162 Public Works Load & Deliver ( Friday 7- 4- 25) Overtime Rates Apply Senior Maintenance Worker ( 2 @ 2hrs) 4 121. 5 486
Maintenance Worker II ( 2 @ 2hrs) 4 190. 5 762
Maintenance Worker 1 ( 1 @ 2hrs) 2 174 348
Misc Signs from stock ( Detour, road closed, etc.) From stock - NC Public Works Removal ( Monday 7- 7- 25) Straight Time Rates Apply Senior Maintenance Worker ( 2 @ 1hrs) 2 81 162
Maintenance Worker II ( 1 @ 1 hrs) 1 127 127. 00
Maintenance Worker 1 ( 2@ 1 hrs) 2 116 232. 00
2, 533. 00
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Building and Safety Division Conditions of At.proval
Date:

Applicant:

Address of Applicant:

Site Location:

Event Date:

Project:
04/ 29/ 2025
Immanuel Baptist
28355 Base Line
Parking Lot
July 41" 2025
SEP 25- 001

1. See Municipal Code information below for Cill requirements;

8. 58. 030 Displays
A. General. Permits are required to conduct a public display of fireworks. Permit application shall be made to the fire chief and the police chief not less than 14 days prior to the scheduled date of the display. The permit application shall include a diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged; the location of building, highways and other lines of communication; the lines behind which the audience will be restrained; and the location of nearby trees, telegraph or telephone lines and other overhead obstructions. At the time of permit application, the fire chief shall be consulted regarding the requirements for standby fire apparatus.

B. Under Supervision of Pyrotechnic Operator. Public display of fireworks operations shall be under the direct supervision of a pyrotechnic operator. The pyrotechnic operator shall be responsible for all aspects of a display related to pyrotechnics.

C. Bond Required. The permittee shall furnish a bond or certificate of insurance in an amount deemed adequate by the fire chief and the police chief for the payment of damages which could be caused either to a person or persons or to property by reason of the permitted display and arising from acts of the permittee, agents, employees or subcontractors. ( Ord. 377 § 2, 2013)

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2. Event Area

1. Provide accessible restroom facilities (where clustered shall provide 5% accessible but not fewer than 1)

2. Parking area to including accessible parking spaces and paths of travel to event ( 2 Percent of the total parking provided for the event). When necessary, temporary accessible spaces can be created in permanent paved lots, dirt lots, or fields. Choose spaces that are level, close to an accessible entrance and near existing curb ramps. Mark or block off an existing parking space with cones, barricades, or pavement marking tape to create a new access aisle and use the accessibility symbol to designate the accessible spaces. If no existing curb ramps are available and the new parking spaces border on the sidewalk, place a portable curb ramp in the temporary access aisle to gain access to the sidewalk level.

3. Provide engineering calculations from a California licensed Engineer, or State of California certificates, or third -party reports if any Bleachers & stage( s) are proposed. a. Guards — when the floor level at any surface is more than 30 inches above the adjacent ground level, Guards shall be provided with the exception of the audience side of the stage.

4. Temporary electrical shall be installed in accordance with the current edition of the California Electric Code.

A. Portable generators shall be grounded.

B. All electric cords shall be protected from becoming tripping or fire hazards. Bridging must be provided for wheelchairs.

C. Overhead cords are to be rated for such use and must not hang lower than ( 10) ten feet above surrounding walking surfaces and ( 18) eighteen feet above fire lanes.

D. Portable or festoon lighting must be approved by the Building Official prior to installation.

5. Trash and waste containers shall be provided. At the conclusion ofthe event, the entire site shall be cleaned of all trash, debris, and signage.

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Intra- office Memorandum
City of Highland
DATE: April 21, 2025
TO: Travis Trejo, Assistant Planner
FROM: Ryan Ramos, Public Services Coordinator / l`
CC: Melissa Morgan, Public Services Manager
SUBJECT: SPECIAL EVENT PERMIT ISSUANCE CLERANCE FORM (SEP 25-001) ANNUAL 4' h OF JULY FIREWORK DISPLAY
The Public Services Division will approve this Special Event Permit with the following conditions:

1. Food/ Beverage: If plastic bottles and aluminum cans are available during this event there must be recycling opportunities onsite. If there is food available during this event there must be organic recycling opportunities onsite for the food vendors. There must be one recycling and one organics container next to each trash receptacle throughout the duration ofthe event.

2. Portable Toilets: Please be sure that all portable toilets on site are equipped with a containment tray throughout the duration of the event. Provide the Portable Toilet Business flyer (attached) to the company you have selected for further suggestions on how to prevent potential spills when delivering or servicing the portable toilets during this event. Ifthere is a storm drain within 50 feet of where the portable toilets are being placed, it must be protected throughout the duration of the event.

3. Solid Waste Services: City does not provide solid waste/recycling services. Applicant must make arrangements for solid waste/recycling collection services with the City' s franchised hauler. Burrtec Waste Industries can be contacted at ( 909) 889- 1969.

Should you have any questions, please feel free to give me a call 909- 864- 8732 ext. 271. -26-
Best Management Practices
Portable Toilets
Prevent potential
waste spills from
coming into contact
with our waterways!
Anchor to
The Ground Catch Basin Waterway
5fl Ft
best practices while portable toilet is in use. When
there is potential for greater than normal usage,
remind your clients to request additional
units or adjust the service schedule to ensure
sanitary conditions and prevent overflow.

WHAT IS STORMWATER POLLUTION?
Stormwater pollution is created when bacteria, organic matter, disinfectants, and suspended solids are transported by water or wind into the catch basins and storm drain system. The untreated urban runoff then flows directly into our lakes and rivers, contaminating our communities with high levels of bacteria, posing a threat to public health and wildlife.

In the event of a spill or discharge to a storm drain or waterway, contact San Bernardino County Stormwater immediately: ( 877) WASTE- 18 I SBCountyStormwater. org/ Report WFIERE WATER To dispose of hazardouse waste, call the San Bernardino County Fire Dept. - CUPA MEETS COMMUNITY Program ( 909) 386- 8401
Big Bear • Chino • Colton • Fontana • Grand Terrace , Highland • Loma Linda ^ Montclair • Ontario • Rancho Cucamonga Redlands • Rialto • San Bernardino . San Bernardino Countv • San Bernardino Countv Flood Control District • UDland • YucaIDa -27-
Attachment 4:

Highland Municipal Code Section 8. 58 - Fireworks
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d. Gallates or gallic acid.
e. Magnesium ( magnesium - aluminum alloys, called magnalium, are permitted). f. Mercury salts.
g. Phosphorus ( red or white except that red phosphorus is permissible in caps and party poppers). h. Picrates or picric acid.
i. Thiocyanates.
j. Titanium, except in particle size greater than 100- mesh). k. Zirconium.

2. Firecrackers.

3. Skyrockets, bottle rockets, model rockets and rockets, including all devices which employ any combustible or explosive material and which rise in the air during discharge.

4. Roman candles, including all devices which discharge balls of fire into the air.

5. Chasers, including all devices which dart or travel about the surface of the ground during discharge.

6. Sparklers more than 10 inches in length or one-fourth of one inch in diameter.

7. All fireworks designed and intended by the manufacturer to create the element of surprise upon the user. These items include, but are not limited to, auto- foolers, cigarette loads, exploding golf balls and trick matches.

8. Fireworks known as devil -on -the -walk, or any other firework which explodes through means of friction, unless otherwise classified by the State Fire Marshal pursuant to this chapter.

9. Torpedoes of all kinds which explode on impact.

10. Fireworks kits.

11. Such other fireworks examined and tested by the State Fire Marshal and determined by him, with the advice of the State Board of Fire Services, to possess characteristics of design or construction which make such fireworks unsafe for use by any person not specially qualified or trained in the use of fireworks.

C. " Exempt fireworks" has the same meaning ascribed to that term under Section 12508 of the California Health and Safety Code and shall mean any special item containing pyrotechnic compositions which the State Fire Marshal, with the advice of the State Fire Advisory Board, has investigated and determined to be limited to industrial, commercial, agricultural use or religious ceremonies when authorized by a permit granted by the authority having jurisdiction.
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D. " Fire chief" or "chief' shall mean the designated fire chief of the city, or his or her authorized representatives.

E. " Fireworks" has the same meaning ascribed to that term under Section 12511 of the California Health and Safety Code and shall mean any device containing chemical elements and chemical compounds capable of burning independently of the oxygen of the atmosphere and producing audible, visual, mechanical or thermal effects which are useful as pyrotechnic devices or for entertainment. The term " fireworks" includes, but is not limited to, devices designated by the manufacturer as fireworks, torpedoes, skyrockets, Roman candles, model rockets, rockets, Daygo bombs, sparklers, chasers, fountains, smoke sparks, aerial bombs and fireworks kits.

F. " Fireworks kits" has the same meaning ascribed to that term under Section 12512 of the California Health and Safety Code and shall mean any assembly of materials or explosive substances which is designed and intended by the seller to be assembled by the person receiving such material or explosive substance and when so assembled would come within the definition of "fireworks." G. " Police chief' shall mean the police chief of the county of San Bernardino, his or her designated deputy acting as the police chief of the city of Highland, or his or her authorized representatives.

H. ' Public display of fireworks" has the same meaning ascribed to that term under Section 12524 of the California Health and Safety Code and shall mean an entertainment feature where the public or a private group is admitted or permitted to view the display or discharge of dangerous fireworks.

I. " Pyrotechnic operator" has the same meaning ascribed to that term under Section 12527 of the California Health and Safety Code and shall mean any licensed pyrotechnic operator, who by examination, experience and training has demonstrated the required skill and ability in the use and discharge of fireworks as authorized by the license granted.

J. " Pyrotechnic special effects material' shall mean low explosive materials, other than detonating cord, commonly used in motion picture, television, theatrical or group entertainment production for which a permit from the chief is required for use or storage.

K. " Safe and sane fireworks" has the same meaning ascribed to that term under Section 12529 of the California Health and Safety Code and shall mean any fireworks which do not come within the definition of "dangerous fireworks" or " exempt fireworks." ( Ord. 444 § 2, 2020; Ord. 377 § 2, 2013) I' 8. 58. 020 Prohibition.

A. General. No person shall have in his or her possession, or keep, store, use, shoot, discharge, set off, ignite, explode, manufacture, sell, offer to sell, give or transport, any fireworks, dangerous fireworks or safe and sane fireworks, except for use as agricultural and wildlife fireworks or for use during a public display of fireworks pursuant to a permit obtained under the provisions of Sections 12640 through 12654 of the California Health and Safety Code, and this code.
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B. Manufacturing Prohibited. The manufacturing of fireworks, dangerous fireworks or safe and sane fireworks is prohibited in the city, except under special use permits as required by local and state regulations by the fire chief and the police chief.

C. Pyrotechnic Special Effects Material. A permit is required to manufacture, compound, store or use pyrotechnic special effects material. Permit application shall be made to the fire chief and the police chief. A permit shall be granted only to a State Fire Marshal licensed pyrotechnic operator. ( Ord. 444 § 2, 2020; Ord. 377 2, 2013)

8. 58. 030 Displays.

A. General. Permits are required to conduct a public display of fireworks. A permit application shall be made to the fire chief and the police chief not less than 14 days prior to the scheduled date of the display. The permit application shall include a diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged; the location of buildings, highways and other lines of communication; the lines behind which the audience will be restrained; and the location of nearby trees, telegraph or telephone lines and other overhead obstructions. At the time of permit application, the fire chief shall be consulted regarding the requirements for standby fire apparatus.

B. Under Supervision of Pyrotechnic Operator. Public display of fireworks operations shall be under the direct supervision of a pyrotechnic operator. The pyrotechnic operator shall be responsible for all aspects of a display related to pyrotechnics.

C. Bond Required. The permittee shall furnish a bond or certificate of insurance in an amount deemed adequate by the fire chief and the police chief for the payment of damages which could be caused either to a person or persons or to property by reason of the permitted display and arising from acts of the permittee, agents, employees or subcontractors. ( Ord. 444 § 2, 2020; Ord. 377 § 2, 2013) P
i 8. 58. 040 Exception. i
Nothing in this chapter shall be construed to prohibit the use of fireworks by railroads or other transportation agencies for signal purposes or illumination, or the sale or use of small blank cartridges for a show or theater, or for signal or ceremonial purposes in athletics or sports or for use by military organizations. ( Ord. 444 § 2, 2020; Ord. 377 § 2, 2013)

8. 58. 050 Seizure and disposal.

A. It shall be the duty of the fire chief and his or her authorized representatives and the police chief and his or her authorized representatives to enforce the provisions of this chapter. -31-
B. The fire chief and his or her authorized representatives and the police chief and his or her authorized representatives shall have the authority to seize, take, remove, store and dispose of any fireworks, dangerous fireworks and safe and sane fireworks. The fire chief and his or her authorized representatives and the police chief and his or her authorized representatives may charge any person whose fireworks are seized pursuant to this section a reasonable amount which is sufficient to cover the cost of transporting, storing, handling and disposing of the seized fireworks. (Ord. 444 § 2, 2020; Ord. 377 § 2, 2013) i

8. 58. 060 Penalties.

A. Any person who violates any provision of this chapter is subject to prosecution as either an infraction or a misdemeanor as set forth in Chapter 1. 24 HMC.

B. A violation of any provision of this chapter is subject to an administrative citation in the amount of $1, 000 for each violation pursuant to the procedures set forth in Chapter 2. 56 HMC. Such administrative remedy may be exercised in place of, or in addition to, any administrative, criminal, civil, or equitable remedy allowed by law.

C. If a person who violates any provision of this chapter is charged with a misdemeanor, upon conviction that person shall be punished by a fine of not more than $ 1, 000, or by imprisonment in the countyjail for a period not exceeding one year, or by both such fine and imprisonment.

D. A person is guilty of a separate offense for each and every day or portion thereof during which he or she commits, continues or permits a violation of this chapter.

E. Nothing in this chapter shall be interpreted to limit any of the penalties provided for under the California Health and Safety Code or Penal Code with regard to the sale, use, possession, delivery and/ or transportation of dangerous fireworks. (Ord. 444 § 2, 2020; Ord. 377 § 2, 2013) -32-

STAFF REPORT

TO THE CITY COUNCIL
DATE: May 13, 2025
FROM: Carlos Zamano, City Manager
PREPARED BY: Leticia Nava -Cruz, Director of Administrative Services/ City Treasurer V,C Ll
SUBJECT: Public Hearing on Vacancies to Comply with Assembly Bill 2561.

RECOMMENDATION: Receive and file this report. No action is needed.

FISCAL IMPACT: None.

PUBLIC NOTICE: The agenda for this item was posted at the three required locations per Resolution 2011- 047 and on the City' s website.

BACKGROUND: In response to Assembly Bill 2561 ( AB 2561), signed into law by Governor Newsom on September 22, 2024, the City of Highland presents this report in compliance with new transparency requirements related to staffing vacancies. AB 2561 states that public agencies hold at least one public hearing each fiscal year before the adoption of their budgets to report on vacancy levels, evaluate hiring and retention efforts, and allow for participation by recognized bargaining groups.

This report includes data for the 2024 calendar year, along with the most current staffing status as of April 30, 2025.

Assembly Bill 2561 ( AB 2561) amended the Meyers- Milias- Brown Act by adding Government Code Section 3502. 3, which requires local public agencies to enhance transparency and accountability in public sector staffing. The purpose of AB 2561 is to address growing concerns over staffing shortages in public agencies, which can lead to increased workloads, employee burnout, lower morale, and reduced service delivery to citizens. To mitigate these impacts, the law requires agencies to:

Report annually on vacancies, recruitment activity, and retention strategies; Identify any policies or practices that may hinder hiring or retention; Provide recognized bargaining groups an opportunity to present during the public hearing; and If any bargaining group vacancy rate reaches or exceeds 20% of authorized positions, provide additional data upon request, including applicant volume, hiring timelines, and efforts to improve compensation, benefits, and working conditions.

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

City Manager
-1-
The City of Highland does not have any bargaining units, therefore there has been no participation from one.

Workforce Overview
As of April 30, 2025, the City of Highland has 46 full- time equivalent ( FTE) budgeted positions. Of the 46 FTE' s, 0 are represented by bargaining groups. Therefore the 20% vacancy threshold that would trigger enhanced reporting under AB 2561 does not pertain to the City of Highland. The City' s overall vacancy rate is currently 4%, which is considered low. Vacancy rates are calculated as follows: Vacancy Rate (%) = ( Number of Vacant Positions in employee group / Total Number of Authorized Positions) x 100. The following table summarizes the City' s vacancy rate by department as of April 30, 2025.

Department FTE' s Budgeted Vacancies Vacancy Rate
Administrative Services 13 0 0%
City Council 5 0 0%
Community Development 12 0 0%
Public Works 16 2 13%
City Overall 461 2 4%
Recruitment Activity
Vacancies within the City arise from a range of factors, including retirements, internal promotions, and resignations. From 1/ 1/ 24 through present, the City promoted 9 employees and hired 12 employees.

Employee Separations
From 1/ 1/ 24 through present, 11 full-time equivalent employees separated from the City of Highland. The reasons for departure were as follows:
2 employees left for other municipal positions offering higher pay or promotional opportunities
1 employee transitioned to the private sector for similar reasons 1 employee resigned without securing alternative employment 3 employees retired
1 employee relocated
1 employee found remote work
2 employees are City Council members. One resigned and one did not run for re- election.

These separation figures reflect broader workforce mobility trends and highlight the ongoing need to support alternative work schedules, offer competitive compensation and benefits, and create pathways for internal advancement.

Employee Retention
Employee retention remains a central focus of the City' s workforce strategy. In 2024, the City implemented several initiatives designed to improve employee satisfaction, promote longevity, and enhance professional growth. These efforts include:

A 5% across the board salary adjustment;
1, 550 Cafeteria plan to help pay for health, dental and vision benefits; -2-
Continued access to a comprehensive benefits package and flexible scheduling options for many positions;
Internal promotional opportunities.

Organizational Self -Assessment
As part of its workforce planning and in alignment with AB 2561, the City continues to assess internal practices and workforce conditions to identify and address recruitment and retention challenges. Current areas of focus include:

Exploring new advertising methods and platforms, particularly for hard -to -fill positions Reviewing recruitment best practices and improving the onboarding experience.

This ongoing self -assessment helps the City to become an employer of choice, supports organizational resilience, and ensures the effective delivery of public services.

CONCLUSION The City of Highland is committed to maintaining a skilled and resilient workforce and to complying with the requirements of Assembly Bill 2561. This report and public hearing fulfill the requirements of AB 2561 and confirm that we are well below the 20% vacancy threshold. The City will continue to monitor staffing trends and address recruitment challenges should they arise Attachments

1. AB 2561 Presentation ( 1/ 1/ 24 through Present)
-3-
City of Highland
AB 256 i
2025 Annual Reporting
f
Must report vacancies, recruitm
Effective January 1, 2025 ® and retention efforts
Adds Govt. Code Section
3502. 3 to the Meyer- MiliasBrown Act. Imposing new
Required Public Hearing before ® obligations on public sector If a bargaining units exists a more Annual Budget is adopted agencies related to comprehensive analysis is required tracking and presenting
information on job .
vacancies.

Public Hearing Purpose: increase -'
W * '
The City of Highland does not have
transparency on staffing shortages in # J. any bargaining units therefore that public sector additional analysis is not required_
-4-
4/ 25/ 2025
Workforce Overview
Vacancy By Department
Department FFFs Budgeted Vacancies Vacancy Rat
Administrative Services 13 0 0%
City Councit 5 0 0%
Community Development 12 0 0%
Public Works 16 2 13%
City Overall 461 21 4%
-5-
4/ 25/ 2025
Recruitment Activity
Vacancies within the City arise from a range of factors, including retirements, internal promotions, and resignations. From January 1 2024 through present, the City promoted 9 employees and hired 12 employees. 5 Employee Separations
I
3 -6-
4/ 25/ 2025
Retention Efforts
5% across the board salary adjustment
in FY 23/ 24 and 24/ 25
Flexible scheduling options for many
positions
1, 550 Cafeteria plan to help pay for
health, dental and vision benefits
Dental, Vision, and employer paid Life
Insurance
Internal promotional opportunities
Employee Recognition and
Appreciation events
Conclusion
The City of Highland is committed to maintaining a skilled and resilient workforce and to complying with the requirements of Assembly Bill 2561. This report and public hearing fulfill the requirements of AB 2561 and confirm that we are well below the 20% vacancy threshold. The City will continue to monitor staffing trends and address recruitment challenges should they arise.
8 n
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4/ 25/ 202 5
-8-

STAFF REPORT

TO THE CITY COUNCIL
DATE: May 13, 2025
FROM: Carlos Zamano, City Manager
v
PREPARED BY: Leticia Nava -Cruz, Director of Administrative Services/ City Treasurer
SUBJECT: Resolution No: 2025- Fixing the Highland Paramedic Special Tax Rate for Fiscal Year 2025- 2026
RECOMMENDATION: That the City Council adopt Resolution No. 2025- fixing the Highland Paramedic Special Tax rate for Fiscal Year 2025-2026.

FISCAL IMPACT: The Special Tax is estimated to generate approximately $370, 000 for Fiscal Year 2025- 2026.

PUBLIC NOTICE: The Public Hearing ad for this item was published in The Sun as well as posted per City Council Resolution No. 2011- 047.

BACKGROUND: iVhen the Cite of Highland detached from County Service Area 38, Improvement Zone L, the existing to„xis< g authority was transferred to Highland for a special tax to provide paramedic services to the community. The attached Resolution sets the special tax rate for next fiscal year at $ 19. 00 per individual dwelling unit and $ 38. 00 per individual commercial unit. This is the r i; + m rate that can be charged under the voter - approved taxing authority.

The tax rate has not changed since the tax was implemented by the County of San Bernardino in 1985 and this tax will generate approximately 11. 4% of the estimated costs of 3, 260, 890 to provide paramedic services for Fiscal Year 2025- 2026. The shortfall in funding paramedic services is made up from the general property taxes the City receives for fire services.

The California Department of Forestry & Fire Protection ( Cal -Fire) along with the City' s consultant, Harris and Associates, will prepare the parcel list with the dwelling and commercial unit information for the tax rolls.

Approved Motion
Denied Ayes
Continued Noes
Tabled Abstain
Absent
City Clerk
Second Agenda Item No. -
File No
anager
-1-
RESOLUTION NO. 2025-

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HIGHLAND, CALIFORNIA,

FIXING THE HIGHLAND PARAMEDIC SPECIAL TAX
RATE FOR FISCAL YEAR 2025- 2026
SECTION 1. The City Council of the City of Highland, California, hereby finds and determines:
a) That on November 5, 1985, the electors of County Service Area 38, Improvement Zone L (" Zone L"), duly authorized a special tax levy for financing paramedic services; and
b) That the amount of such tax established and approved by the electors shall not exceed $ 19. 00 per individual dwelling unit and $ 38. 00 per individual commercial unit, per year; and
c) That on July 1, 1999, the City of Highland ( the " City") detached from County Service Area 38, Improvement Zone L, and now provides paramedic services within the detached area; and
d) That upon detachment from County Service Area 38, Improvement Zone L, the City of Highland was transferred the taxing authority for the special tax; and e) That the estimated total budget cost of providing paramedic services for Fiscal Year 2025- 2026 is $ 3, 260, 890.

SECTION 2. The City Council of the City of Highland therefore, hereby resolves and orders:
a) That to meet the estimated budget amount, the special tax for Fiscal Year 2025- 2026 shall be set at $ 19. 00 per individual dwelling unit and $ 38. 00 per individual commercial unit; and
b) That this resolution shall be effective on July 1, 2025.

PASSED, APPROVED AND ADOPTED this 13th day of May 2025.

Penny Lilburn
Mayor
ATTEST:

Alondra Munoz
City Clerk
-2-

STAFF REPORT

TO THE CITY COUNCIL
DATE: May 13, 2025
FROM: Carlos Zamano, City Manager
PREPARED BY: Lawrence A. Mainez, Comm ity Development Director-, P Matt Wirz, Building Offici
Craig Sanchez, City Fire M rshal
Liz Brown, Battalion Chief, CalFir
Maricela Marroquin, City Attorney
SUBJECT: Ordinance designating Fire Hazard Severity Zones as recommended by the California Department of Forestry
and Fire Protection, State Fire Marshal.

RECOMMENDATION: Staff recommends the City Council:

1. Introduce and conduct first reading of Ordinance No. an Ordinance of the City of Highland designating
Fire Hazard Severity Zones as recommended by the
California Department of Forestry and Fire Protection,
State Fire Marshal pursuant to Government Code
Section 51179( a), and making the findings of exemption under Section 15061( B)( 3) of the California
Environmental Quality Act Guidelines; and
Motion
Ayes
Noes
Abstain
Absent
City Clerk

2. Direct City Clerk to transmit a copy of the Ordinance to the State Board of Forestry and Fire Protection within 30 days of adoption, and post a notice at the office of the County recorder, assessor, and planning agency
identifying the location of the " City of Highland Fire Hazard Severity Zones Map".

3. Direct staff to file a Notice of Exemption with the County Clerk of the Board.

Second Agenda Item No. V
r
File No.
7 City Manager
-1-
City Council Meeting of
May 13, 2025
Fire Hazard Severity Zones Map Ordinance
FISCAL IMPACT: There are no fiscal impacts to the City' s General Fund as a result of the adoption of the subject Fire Hazard Severity Zones Ordinance, and only negligible cost due to staff time to complete this staff report and ordinance for adoption.

In addition, based on information obtained from the California Department of Insurance, the subject Fire Hazard Severity Zones Maps produced by the California Department of Forestry and Fire Protection are intended to drive local planning decisions, not insurance decisions.

PUBLIC NOTICE: A Public Hearing Notice was published on April 28, 2025, in the San Bernardino Sun Newspaper and the Agenda has been posted in the three ( 3) locations and on- line in accordance with City Council policy. In addition, in accordance with Government Code Section 51178. 5, within thirty ( 30) days after receiving a transmittal from the State Fire Marshal ( see Attachment 1, State Fire Marshal letter dated March 24, 2025) that identified fire hazard severity zones pursuant to Government Code Section 51178, the City of Highland made the information available for public review and comment, and said information in the form of a map was posted on the City' s Building & Safety webpage on April 7, 2025.

BACKGROUND/ PROPOSAL: In accordance with Government Code Section 51178, the State Fire Marshal is required to identify areas in the state as moderate, high, and very high fire hazard severity zones based on consistent statewide criteria and based on severity of fire hazard that is expected to prevail in those areas. The State Fire Marshal released his recommended map for the Southern California area on March 24, 2025.

In addition, in accordance with Government Code Section 51179( a), the City of Highland is required to designate by ordinance, moderate, high, and very high fire hazard severity zones in its jurisdiction within 120 days of receiving recommendations from the State Fire Marshal pursuant to Government Code Section 51178. In other words, the City of Highland must adopt the State Fire Marshall' s recommended map by July 24, 2025.

The City' s current Fire Hazard Severity Zone Map was adopted in 2022 as part of the City' s 6th Cycle Housing Element, and the Public Health, Safety, and Environmental Justic Element updates ( City Council Resolution No. 2022- 005) ( See Attachment No. 2, Excerpt from the City' s General Plan Chapter 6, Public Health, Safety, and Environmental Justice Element — pages 41 to 44).

The subject State Fire Marshal recommended map released in March includes the following updates.

1. Updated burn probabilities for wildland areas ( inclusive of 2020 fires). 2 -2-
City Council Meeting of
May 13, 2025
Fire Hazard Severity Zones Map Ordinance

2. Updated the fire environmental footprints ( urban/ developed).

3. Updated vegetation density for urban areas.

4. Inclusion of slopes in the state' s urban zoning model.

5. Inclusion of localized fire weather used in both the state' s wildland and urban models.

6. Inclusion of new state firebrand production and transport model using discrete local wind vector distributions.

By design, the State Fire Marshal' s map is focused on long- range wildfire hazard, which includes only certain variables, like wind, vegetation, ember production and movement, climate, topography, and fire history. The map gives up to date information to communities about the level of wildfire hazard they could face, which could help target resources at the local level.

What is the map for?

1. To help facilitate building standards for new construction in the wildland- urban interface (California Building Code Chapter 7A).

2. Help guide fire safe regulations when reviewing property development standards, such as road widths, water -supply, and signage.

3. To help support the local defensible space requirements ( Government Code 51182).

4. To help with the disclosure of natural hazards as part of real estate transactions.

Will the updated State Fire Marshal' s map affect insurance availability and affordability? The subject State Fire Marshal map is intended to drive local planning decisions, not insurance decisions. Under the current California Department of Insurance Regulations, insurance companies must provide discounts for wildfire safety actions, such as community mitigations and home hardening, which the State Fire Marshal maps do not assess. Insurance companies are already using risk analysis tools and models that go beyond the State Fire Marshal' s proposed maps in determining what properties they will underwrite.

How will these updated maps benefit the public?
According to the State Fire Marshal' s website, these updated maps are an integral part of their public education about where current wildfire hazards exist to help reduce the threat to local communities.

Staff recommends the City Council adopt the attached Ordinance designating the Fire Hazard Severity Zones as recommended by the California Department of Forestry and Fire Protection, State Fire Marshal ( see Attachment 3, Ordinance and State Fire Marshal Map).
3 -3-
City Council Meeting of
May 13, 2025
Fire Hazard Severity Zones Map Ordinance
Attachments:
1 — City' s current Fire Hazard Severity Zone Map ( excerpt — City's General Plan Chapter 6, Public Health, Safety, and Environmental Justice Element, pages 41 to 44). 2 - State Fire Marshal letter dated March 24, 2025.
3 — Proposed Fire Hazard Severity Zone Ordinance No. and Map. 11 -4-
ATTACHMENT 1 —
City' s current Fire Hazard Severity Zone Map ( excerpt — City' s General Plan Chapter 6, Public Health, Safety, and Environmental Justice Element, pages 41 to 44).
-5-
3/ EXISTING CONDITIONS
Wildfire
WHAT
Wildfires are most commonly caused by humans and lightning. Human -caused fires result from campfires left unattended, the burning of debris, electrical equipment use and malfunctions, negligently discarded cigarettes, and intentional acts of arson. 37 Wildfires are known to spread more quickly on dry, windy days, and move more easily in an uphill direction, particularly in areas with a higher density of vegetation. Wildfires are a natural and important part of the ecosystem, but can become more intense and dangerous as a result of climate change and land management.

WHEN
Small fires should occur regularly in the San Bernardino region' s natural chaparral landscape, but years of fire suppression can create a dangerous buildup of fuel. Climate change is likely to intensify the fall fire season by extending the dry season further into the Santa Ana wind season, which drives most wildfires in the San Bernardino region. 38 Fires in the area that threaten Highland are not new or uncommon. In 2003 the Old Fire burned more than 90, 000 acres of land in and around Highland, destroyed nearly 1, 000 homes, and took six lives. Five other fires have occurred in Highland from 2008 to 2018 ( see Figure 15).

WHERE
Most of northern and eastern Highland is built in fire -risk areas due to the proximity to forest land north and east of the City limits. Wildfires can start outside Highland and spread into it, or create dangerous air pollution by blowing ash into Highland. These natural lands east and north of Highland pose the greatest risk to Highland residents and structures. The most northeastern portions of Highland are located in very high fire risk areas, as well as everything east of Weaver Street and north of Greenspot Road. Land use management in these very high fire hazard severity zones is important to ensure safety and resiliency for community members. Highland' s Land Use Element specifies the majority of this space as planned development, and portions as agriculture/ equestrian, low -density residential, and open space, with one parcel listed as medium - density residential. There is also a radio broadcasting station located in the very high fire hazard severity zone. Additionally, an electric transmission line ( between 33 and 92 kilovolts) cuts through a portion of Highland within the very high fire hazard severity zone along Greenspot Road and Morton Front Line. 39 There are also a number of roads within Highland' s very high fire hazard severity zones. Highland Avenue is the only arterial that runs through this zone, and the Steve Faris Memorial Highway also has a small portion within City limits that is in the very high fire hazard severity zone. A number of local roads are within this zone. The fire hazard zones can be seen in Figure 16.

WHO
Similar to flooding, certain members of the community may be more vulnerable to wildfires due to social isolation as a result of language barriers, or physical disabilities leading to difficulty evacuating during a wildfire. An inability to quickly evacuate can also be caused by a lack of access to a car, which is more prevalent in DACs.
37 National Park Service. 2021. " Wildfire Causes and Evaluations:' https:// www.nps. gov/ articles/ wildfire- causes- and- evaluation. htm#:—:text= Nearly% 20 85 %20percent"% 20of%20wildland, and%20intentional%20acts% 20of%20arson. &text= Lightning%20is% 20one% 20of%20the%20two%20natural%20- causes% 20of%20fires.
38 Half, Alex, Neil Berg, and Katharine Reich ( University of California, Los Angeles). 2018. Los Angeles Summary Report. California's Fourth Climate Change Assessment. Publication number: SUM- CCCA4- 2018- 007. 39 California Energy Commission. 2020. " Electric Transmission Lines" May 11, 2020. https:// map. dfg. ca. gov/ metadata/ dsl198. html.

City of Highland Public Health, Safety, and Environmental Justice Element 1 41 -6-
3/ EXISTING CONDITIONS
Low- income renters may face increased challenges recovering from fire events because they are less likely to have renter's insurance and therefore may face higher levels of displacement and homelessness if their residence is damaged. DAC residents in Highland are much more likely to be renters than other residents, and are therefore more vulnerable to fires. More than one- third of the renters in Highland' s DACs spend more than one- half of their income on rent, meaning these community members might have difficulty recovering from a wildfire.

HOW
To protect residents and their property from wildfire, the City uses multiple policies within its General Plan. These policies include development review within fire hazard areas, fire safety standards within the Municipal Code, education on wildfire, and enforcement of standards related to emergency water service and fire sprinklers. The City has adopted the 2019 California Building Code within the Municipal Code, as well as the California Fire Code. These codes require home hardening and defensible space in accordance with state standards within very high fire hazard severity zones. The City does not have a Local Hazard Mitigation Plan, which is another form of hazard planning document. San Bernardino County developed a Multi -Jurisdictional Hazard Mitigation Plan, but this plan does not cover the City of Highland.

Another way that fire hazards are often planned for and mitigated is through community organizations called fire safe councils. Highland does not have a fire safe council, but there are three within 10 miles of Highland to the north and east. There is also the Inland Empire Fire Safe Alliance, which acts as a way to establish efficient, consistent, collaborative actions and messaging among the different fire safe councils, jurisdictions, and organizational partners. 41 Community Wildfire Protection Plans ( CWPPs) are a planning document used by Fire Safe Councils to plan for fire. The nearest CWPP covers land directly north of Highland in the San Bernardino Mountains and was developed by the Mountain Rim Fire Safe Council.

There are several pre -fire measures discussed within the California Department of Forestry and Fire Protection' s ( CAL FIRE) Strategic Fire Plan for the San Bernardino Unit, including fire prevention measures, engineering and structural measures, educational efforts, and vegetation management programs. 41 The Fenner Canyon Fire Crew provides maintenance services that reduce fire risk to general City facilities.

No fire breaks are within City limits, but CAL FIRE' s fire crews have created fire breaks elsewhere in San Bernardino County.
40 Mountain Rim Fire Safe Council. 2020. " Inland Empire Fire Safe Alliance.' https:// www. mountainrimfsc. org/ inland- empire- fire- safe- alliance. 41 California Department ofForestry and Fire Protection. 2020. 2020/ 2021 Strategic Fire Plan for the San Bernardino Unit. May 6, 2020. https:// osfm. fire. ca. gov/ media/ ixcfaefc/ 2020- bdu- fire-plan. pdf City of Highland Public Health, Safety, and Environmental Justice Element 1 42 -7-
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-9-
ATTACHMENT 2 -
State Fire Marshal letter dated March 24, 2025.
-10-
STATE OF CALIFORNIA— NATURAL RESOURCES AGENCY _
Gavin Newsom, Governor

DEPARTMENT OF FORESTRY AND FIRE PROTECTION'
OFFICE OF THE STATE FIRE MARSHAL V4
P. O. Box 944246°
SACRAMENTO, CA 94244- 2460
916) 568- 3800
Website: www.fire. ca. gov
March 24, 2025
Dear: City Manager,
Re: Official Transmittal of Fire Hazard Severity Zones
The State Fire Marshal is mandated by Government Code ( GC) 51178 to identify levels of fire hazard based on consistent statewide criteria and the expected severity of fire hazards.

Government Code 51179 requires the State Fire Marshal to make recommendations of fire hazard severity zones to local agencies, as defined per GC 51177(e), for their designation and adoption by ordinance. This letter serves as the official transmittal of the recommendation. For the Statutory requirements for local adoption please review California Code, GOV 51179.

Your City/ County has been identified as having Moderate, High, Very High or a combination of Fire Hazard Severity Zones ( FHSZ) within your jurisdiction. The maps and data are available in the FHSZ HUB at https•// fire- hazard- severity- zones- rollout- calfire-forestry. hub. arcgis. com/ .

Please complete the Public Contact Survey in the FHSZ HUB using the link above. This information will be used for a public Webmap on the CAL FIRE -Office of State Fire Marshal website to guide your constituents to the appropriate contact person or website for the Local Responsibility Area FHSZ in your jurisdiction.

If you have additional questions, please feel free to contact our Team at FHSZinformation@fire, ca. gov.

Sincerely,
Daniel Berlant
State Fire Marshal
CAL FIRE — Office of the State Fire Marshal
r
The Department ofForestry and Fire Protection serves and safeguards the people andprotects the property and resources of California. " -11-
ATTACHMENT 3 —
Proposed Fire Hazard Severity Zone Ordinance No. and Map. -12-
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

HIGHLAND, CALIFORNIA, DESIGNATING FIRE HAZARD

SEVERITY ZONES AS RECOMMENDED BY THE

CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE

PROTECTION, STATE FIRE MARSHAL, PURSUANT TO
GOVERNMENT CODE SECTION 51179( a) AND MAKING A

FINDING OF EXEMPTION UNDER CALIFORNIA
ENVIRONMENTAL QUALITY ACT (" CEQA") GUIDELINES
SECTION 15061 ( 13)( 3.

THE CITY COUNCIL OF THE CITY OF HIGHLAND ORDAINS AS FOLLOWS:

Section 1. Legislative findings.

WHEREAS, in accordance with Government Code Section 51178, the State Fire Marshal is required to identify areas in the state as moderate, high, and very high fire hazard severity zones based on consistent statewide criteria and based on severity of fire hazard that is expected to prevail in those areas, and said identified area map was published on March 24, 2025;
WHEREAS, in accordance with Government Code Section 51178.5, within 30 days after receiving a transmittal from the State Fire Marshal that identifies fire hazard severity zones pursuant to Government Code Section 51178, the City of Highland shall make the information available for public review and comment, and said information in the form of a map was posted on the City' s Building & Safety webpage on April 7, 2025, in a format that is reasonably accessible to the public; WHEREAS, in accordance with Government Code Section 51179 ( a), the City of Highland shall designate, by ordinance, moderate, high, and very high fire hazard severity zones in its jurisdiction within 120 days of receiving recommendations from the State Fire Marshal pursuant to Section 51178;
WHEREAS, the City of Highland City Council did hold a duly noticed public hearing at the Highland City Hall Council Chambers in Highland, California, on May 13, 2025, at 6: 00 P. M. with a second reading held on June 10, 2025„ as required by law and in accordance with the provisions of the Highland Municipal Code, to hear and consider evidence for and against said Ordinance. At the conclusion of the public hearing, the City Council closed the public hearing.
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Section 2. Fire Hazard Severity Zones and Map. The City of Highland City Council hereby designates the Fire Hazard Severity Zones as recommended by the California Department of Forestry and Fire Protection pursuant to Government Code Section 51178 and 51179( a), and the associated Map is hereby adopted and incorporated by reference and entitled " City of Highland Fire Hazard Severity Zones Map" as shown on Exhibit A.

Section 3. Environmental Exemption. The City Council finds that the adoption of this Ordinance is exempt from the California Environmental Quality Act ( CEQA) pursuant to the General Rule ( 14 C. C. R. Section 15061( B)( 3)) of the CEQA Guidelines, which is the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment, and CEQA does not apply where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment. This Ordinance involves the adoption of an Ordinance designating the Fire Hazard Severity Zones Map as recommended by the California Department of Forestry and Fire Protection pursuant to Government Code Section 51178. There is no possibility that the Ordinance may have a significant effect on the environment since the action is merely the adoption of a Fire Hazard Severity Zones Map as required by Government Code Section 51179. It can be seen with certainty that the adoption of an Ordinance will have no significant negative effect on the environment.

Section 4. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Ordinance shall nonetheless remain in full force and effect. The City Council of the City of Highland hereby declares that they would have adopted each section, subsection, sentence, clause, phrase, or portion of this Ordinance, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions of this Ordinance be declared invalid or unenforceable.

Section 5. Publication and Posting. Within fifteen ( 15) days following the passage of this Ordinance, the City Clerk shall publish and/ or post this Ordinance as required by state law and City resolution, and in accordance with Government Code Section 51179 c) shall transmit a copy of this adopted Ordinance to the State Board of Forestry and Fire Protection within 30 days of adoption. The City Clerk shall also post a notice at the office of the County recorder, assessor, and planning agency identifying the location of the " City of Highland Fire Hazard Severity Zones Map" which shall be available on the following website: www.cityofhighland.org/ l78/Building-Safety.

Section 6. Execution. 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.
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PASSED, APPROVED and ADOPTED 12025.

Penny Lilburn, Mayor
ATTEST:

Alondra Munoz, City Clerk
APPROVED AS TO FORM:

Maricela Marroquin, City Attorney
-15-

EXHIBIT A
Local Responsibility Area Fire Hazard Severity Zones Map, published by the State Fire Marshal on March 24, 2025.
-16-

UNINCORPORATED SAN

BERNARDINO
Co.

SAN

BERNARDINO
3 a 1

UNINCORPORATED

REDLANDS

SAN BERNARDINO
Co. ----
0 FF 40

LOMA LINDA YUCAIPA
T • T IPW
Fire Hazard Severity Zones ( FHSZ) in Local Responsibility I Mi 0 1 2 3 Area ( LRA), as Identified by the State Fire Marshal
KIM 0 1 2 3 4 5 6
Very High High Moderate Projection: NAD 83 California Teale Albers Scale: 1: 78, 000 at 11' x 17-
Fire Hazard Severity Zones in State Responsibility
Area ( SRA), Effective April 1, 2024 = Incorporated City Waterbody Very High Hip Motierate Unzoned LRA Federal Responsibility Area ( FRA)
Government Code section 51178 requires the State Fire statewide criteria and based on the severity of fire hazard that is and other relevant factors including areas where winds Marshal to identify areas in the state as moderate, high, expected to prevail in those areas. Moderate, high, and very high fire have been identified by the Office of the State Fire Marshal and very high fire hazard severity zones based on consistent hazard severity zones shall be based on fuel loading. slope. fire weather, as a major cause of wildfire spread. -17-

STAFF REPORT

TO THE CITY COUNCIL
DATE: May 13, 2025
FROM: Carlos Zamano, City Manager
REVIEWED BY: Lawrence A. Mainez, Community Development Director Kim Stater, Assistant Community Development Director
PREPARED BY: Angela Tafolla, Associate Planner
SUBJECT: Municipal Code Amendment (MCA-24-001): Housing Element Implementation Ordinance of the City of Highland amending portions of Title 5 ( Business License and Regulations), Title 8 Health and Safety), and Title 16 ( Land Use and Development Code) of the Highland Municipal Code.

LOCATION: City -Wide
RECOMMENDATION: The Planning Commission recommends the City Council:

Approved Motion
Denied Ayes
Noes
Continue Abstain
Absent
Clerk
Adopt a Notice of Exemption and instruct staff to file a Notice of Exemption with the County Clerk of the
Board, and;

2. Introduce and conduct first reading of Ordinance No. to amend Chapter 5. 34 ( Multiple -Family and
other Rental Units) of Title 5, and amend various
Chapters of Title 16 ( Land Use and Development
Code) of the Highland Municipal Code ( HMC) for the
implementation of the 6th Housing Element Programs,
mandatory State Legislation updates, and to correct
Municipal Code ambiguities and inconsistencies, and;

3. Introduce and conduct first reading of Ordinance No. to amend Section 16. 44. 180 ( Accessory
Dwelling Units) of Title 16 ( Land Use and Development
Code) of the Highland Municipal Code to implement
Proqram 12 of the 6th Cycle Housing Element and
Second Agenda
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nager
File
Item
No.

No. 2-
City Council Hearing of MCA- 24- 001
May 13, 2025
ensure consistency with recent State housing
legislation, including AB 671, AB 1332, AB 976, and AB
1033. The proposed amendment promotes the
development of ADUs as a means to increase
affordable housing opportunities and ensures the City' s regulations remain compliant with State law.

FISCAL IMPACT: The proposed Municipal Code Amendment is a City -initiated project.

Costs associated with this amendment are unknown at this time and include Staff and City Attorney time, public notices, meetings, and other administrative functions.

ENVIRONMENTAL REVIEW: The draft Ordinances are exempt from the California Environmental Quality Act (" CEQA") pursuant to the General Rule ( 14 C. C. R. Section 15061( b)( 3)) of the CEQA Guidelines, which is the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment, and CEQA does not apply where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment. Additionally, the draft Ordinances qualify for exemption under CEQA Guidelines Sections 15060( c)( 2) and 15060( c)( 3). Under these provisions, an activity is not subject to CEQA if it does not involve a discretionary action by a public agency, will not result in a direct or reasonably foreseeable indirect physical change in the environment, or does not meet the definition of a " project" under Section 15378 of the CEQA Guidelines. These Ordinances involve amending multiple code sections to ensure compliance with state legislation, streamline processes, and promote sustainable development practices. These amendments benefit residents and developers by providing more opportunities for housing and businesses, imposing limitations through proposed guidelines and regulations, and supporting public health, safety, and welfare. There is no possibility of significant environmental effects as the Ordinances only revise Land Use and Development Code provisions to enhance regulatory clarity and compliance and does not propose any specific development projects. The potential environmental impacts of the proposed revisions are insignificant since the amendments are primarily administrative and procedural. The changes align the City' s regulations with recent state laws, correct ambiguities, and improve regulatory efficiency without substantial physical changes to the environment. The benefits, such as promoting affordable housing, enhancing public health and safety, and ensuring regulatory compliance, outweigh any minimal potential impacts. Staff will file a Notice of Exemption with the County Clerk of the Board once the City Council has made a determination. No further environmental review is required.

PUBLIC NOTICE: As required by City Council Resolution, notice of the public hearing was posted at the City' s three ( 3) designated posting locations and the notice was also posted on the City' s website. A display ad was published in the San Bernardino Sun newspaper on May 2, 2025.
-2-
City Council Hearing of MCA- 24- 001
May 13, 2025
PUBLIC COMMENT: Staff has not received any public comments in response to the public hearing notice at the time of preparing this staff report. However, during the prior Planning Commission hearing on this item public comment was provided in person Attachment 5 — April 1, 2025 Planning Commission Minutes).

PREVIOUS ACTION: The Planning Commission conducted a Public Hearing regarding this matter on April 1, 2025. The Planning Commission reviewed the draft Ordinances as reviewed by the City Attorney, and recommends the City Council approve the Municipal Code Amendment ( Attachment 1— Planning Commission Resolutions 25- 006 and Attachment 2 - ( ADU) Planning Commission Resolution 25- 007).

In addition to making a recommendation on the subject draft ordinance, the Planning Commission also conducted a Study Session on April 1, 2025, related to Housing Element Program No. 33 ( Enhance Access to Areas of Opportunity). Program 33 requires the City to up -zone a minimum of five ( 5) acres with a minimum of 20 dwelling units per acre ( and Maximum of 30 du/ ac) in the easterly portion of the City. The easterly portion of the city is designated by the state as a moderate and high resource area which means the area has more public and private amenities, improved infrastructure, and/ or public transit, and an area in historically segregated areas of affluence. Site options were presented to the Planning Commission during the Study Session, and a preferred location was selected for staff to formally commence the General Plan Land Use and Zoning Map Amendment process inclusive of the CEQA requirements. The Planning Commission is anticipated to make a recommendation on the General Plan Land Use and Zoning Map Amendments for City Council consideration in the next few months. The City Council is anticipated to take formal action in November 2025. Residents that participated in the April 1 st Study Session may also attend the City Council meeting on May 13th to voice their comments on the future Housing Element Program No. 33 rezoning. However, this topic is not part of the subject Planning Commission recommendation, therefore no formal action can be taken by the City Council at this time. Staff will take notes concerning public comments and forward to the Planning Commission for their consideration when they review the draft General Plan Land Use and Zoning Amendment in the near future." BACKGROUND: Under State Planning Land Use Law, a City's General Plan must include a comprehensive, long- term plan for its physical development, covering both the City and related areas outside its boundaries ( Sphere of Influence). A General Plan must contain seven mandatory elements: Land Use, Circulation, Housing, Conservation, Open Space, Noise, and Safety, and may include optional elements as appropriate.

The Housing Element, one of the mandatory elements, must be updated every eight years, a period referred to as a " Cycle." This ensures that housing analysis is performed on a regional level in conjunction with other communities. The current Housing Element for the City of Highland covers the planning period from October 15, 2021, to October 15, 2029, known as the " 6th Cycle" Housing Element.
-3-
City Council Hearing of MCA- 24- 001
May 13, 2025
On June 13, 2023, the City Council adopted Resolution No. 2023- 035 approving the City' s Draft 2021- 2029 Housing Element and related CEQA Documents.

On August 18, 2023, the California Department of Housing and Community Development HCD) certified the City' s 2021- 2029 Housing Element.

PROJECT REVIEW/ ANALYSIS:

The 6th Cycle Housing Element ( 2021- 2029) includes a total of 33 programs, of which 11 require amendments to the Highland Municipal Code, and one of those also requires a zone change ( program 33 noted above). This first round of Housing Element implementation reflected in Municipal Code Amendment ( MCA 24- 001) addresses 7 of the 11 required code amendments. A second round of municipal code amendments will be brought forward in the coming months to complete implementation of the remaining programs.

In addition to implementing Housing Element programs, the proposed Municipal Code Amendment includes general code clean- up items identified by staff during internal review. These include updates to outdated terminology, clarification of ambiguous language, and revisions to improve internal consistency and usability of the Highland Municipal Code.

The proposed amendment updates local regulations to comply with recent state housing laws, clarifies definitions and development standards, and corrects inconsistencies to ensure the Municipal Code remains clear, functional, and aligned with the City' s longterm planning goals.

The ordinances include the following key amendments:

Title 5: Eliminates the Crime -Free Rental Housing Program provisions in Chapter

5. 34 to comply with AB 1418 ( Housing Element Program 2).

Title 8: Repeals Chapter 8. 36 ( Heritage Trees) due to overlap with development standards in Title 16.

Chapter 16. 06 ( Definitions): Adds and revises definitions for " Low -Barrier Navigation Centers," " Day Care Facility," and " Residential Care Facility" to reflect AB 101, SB 234, and current licensing standards ( Housing Element Programs 18 and 27).

Chapter 16. 08 ( Permits and Approvals): Adjusts design review thresholds to streamline small- scale residential projects and removes permitting requirements for large family day care homes to comply with SB 234.
-4-
City Council Hearing of
May 13, 2025
MCA- 24- 001
Chapter 16. 12 ( Special Districts): Permits Low -Barrier Navigation Centers by -right in Mixed -Use ( MU) and Planned Development ( PD) zones ( Housing Element Program 27).

Chapter 16. 16 ( Residential Uses): Updates use tables to:

Treat licensed group homes for six or fewer as single- family uses, Permit group homes serving seven or more in at least one zone, Allow supportive housing by -right in multifamily zones, Conditionally permit Single Room Occupancy ( SRO) units in specific residential zones ( Housing Element Programs 18 & 19).

Chapter 16. 22 ( Mixed -Use District): Authorizes Low -Barrier Navigation Centers and establishes a process for SRO approvals ( Housing Element Programs 27 and 19).

Chapter 16. 24 ( Employment Districts): Updates height standards for modern construction practices and explicitly prohibits stand- alone semi- trailer/tractor truck combination vehicle storage in the Employment Districts that are not associated with the primary use of a developed warehouse logistics use.

Chapter 16. 40 ( General Development Standards):

Revises accessory structure standards to introduce spacing, height, and size limitations,
Updates the City' s density bonus provisions to reference current Government Code Section 65915 and comply with multiple recent bills Housing Element Program 6).

Chapter 16. 44 (Specific Use Standards):

Section 16. 44. 180 — ADUs: Updated to comply with current State ADU laws and encourage affordable ADU production ( Housing Element Program 12).

To facilitate State review and ensure compliance, this amendment is being processed through a separate ordinance, which will be submitted to the California Department of Housing and Community Development ( HCD) independently from the other code changes. ( Attachment 4 - ( ADU) Ordinance No. ).

Section 16. 44. 270 — Emergency Shelters/ SROs: Amended to reduce parking requirements and allow SROs consistent with AB 139.

The amendments are administrative and regulatory and do not approve of any particular development. The full text of the proposed Ordinances has been included for the City Council' s reference as Attachment 3 and 4.
-5-
City Council Hearing of
May 13, 2025
Attachments:

1. Planning Commission Resolution No. 25- 006
a. Exhibit "A" — Draft City Council Ordinance

2. ( ADU) Planning Commission Resolution No. 25-007
a. Exhibit " A" - Draft City Council ( ADU) Ordinance

3. Draft Ordinance No.

4. Draft ( ADU) Ordinance No.

5. April 1, 2025 — Planning Commission Minutes
MCA- 24- 001
-6-
ATTACHMENT 1
Planning Commission Resolution No. 25- 006
-7-
RESOLUTION NO. 2025 - 006

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

HIGHLAND, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE AMENDING TITLE 5 ( BUSINESS LICENSES AND REGULATIONS), TITLE 8 ( HEALTH AND SAFETY), AND TITLE 16

LAND USE AND DEVELOPMENT CODE) OF THE HIGHLAND

MUNICIPAL CODE TO UPDATE DEFINITIONS, AMEND HEIGHT

STANDARDS, REVISE DESIGN REVIEW PROCESSES, UPDATE

PROVISIONS FOR ACCESSORY STRUCTURES, DWELLING UNITS, AND

ACCESSORY DWELLING UNITS, MODIFY DEVELOPMENT DENSITY

REQUIREMENTS, ADD LOW -BARRIER NAVIGATION CENTERS,

ESTABLISH SINGLE ROOM OCCUPANCY HOUSING STANDARDS, AND

MAKE A FINDING OF EXEMPTION UNDER THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT ( MUNICIPAL CODE AMENDMENT MCA 24- 001)
A. RECITALS
The City of Highland Planning Commission held a public hearing at the Highland City Hall Council Chambers in Highland, California, on April 1, 2025 at 6: 00 p. m. Notice of said public hearing having been duly given as required by law, and in accordance with the provisions of the Highland Municipal Code, to hear and consider evidence for and against said Land Use and Development Code Amendments and Notice of Exemption, and investigate and make findings and recommendations in connection therewith.

2. On April 1, 2025, the Planning Commission of the City of Highland, conducted a Public Hearing on the subject Project and concluded the Hearing on that date.

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

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

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

2. Based upon substantial evidence presented to the Planning Commission during the April 1, 2025, Public Hearing, including public testimony and written and oral Staff Reports, the Planning Commission 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.
-8-

3. The Planning Commission hereby adopts the Notice of Exemption which is attached hereto and incorporated herein by reference.

4. The Planning Commission hereby instructs City staff to file a Notice of exemption with the Clerk of the Board of the Supervisors of the County of San Bernardino, pursuant to the Public Resources Code and State CEQA Guidelines.

5. Notice of Exemption:
a. The Notice of Exemption was prepared for the proposed project Pursuant to the General Rule ( 14 C. C. R. Section 15061( b)( 3)) of the CEQA Guidelines, which is the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment, and CEQA does not apply where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment since the Code Amendment is not proposing development of a project. Additionally, the draft Ordinance qualifies for exemption under CEQA Guidelines Sections 15060( c)( 2) and 15060( c)( 3). Under these provisions, an activity is not subject to CEQA if it does not involve a discretionary action by a public agency, will not result in a direct or reasonably foreseeable indirect physical change in the environment, or does not meet the definition of a " project" under Section 15378 of the CEQA Guidelines. This Ordinance involves amending multiple code sections to ensure compliance with state legislation, streamline processes, and promote sustainable development practices. These amendments benefit residents and developers by providing more opportunities for housing and businesses, imposing limitations through proposed guidelines and regulations, and supporting public health, safety, and welfare. There is no possibility of significant environmental effects as the Ordinance only revises Land Use and Development Code provisions to enhance regulatory clarity and compliance and does not propose any specific development projects. The potential environmental impacts of the proposed revisions are insignificant since the amendments are primarily administrative and procedural. The changes align the City's regulations with recent state laws, correct ambiguities, and improve regulatory efficiency without substantial physical changes to the environment. The benefits, such as promoting affordable housing, enhancing public health and safety, and ensuring regulatory compliance, outweigh any minimal potential impacts.

6. Municipal Code Amendment Findings ( MCA 24- 001):
a. The proposed revision is consistent with the goals, objectives, policies, and programs of the general plan, and is necessary and desirable to implement the provisions of the general plan. -9-
Response: The proposed Municipal Code amendments to the Land Use and Development Code are consistent with the General Plan' s Goals, Objectives, Policies, and Programs and are necessary to implement its provisions. These updates ensure compliance with recent state legislation, support development goals, clarify definitions, correct ambiguities, and streamline processes.

Additionally, they facilitate the implementation of the Housing Element, ensuring the City meets its housing needs under state law. By aligning with state legislation and current development needs, these amendments ensure the City' s regulations are clear, effective, and promote sustainable growth, making them essential for the General Plan' s implementation.
b. The proposed revision will not adversely affect the public health, safety, and welfare or result in an illogical land use pattern.

Response: The proposed Municipal Code amendments to Title 5 Business Licenses and Regulations), Title 8 ( Health and Safety), and Title 16 ( Land Use and Development) will not negatively impact public health, safety, or welfare, nor will they create an illogical land use pattern. These carefully designed changes aim to enhance the regulatory framework, ensure public health and safety, and promote logical, sustainable land use patterns. Additionally, the amendments incorporate state -mandated changes, ensuring compliance with recent legislation. Thus, the amendments will provide clear, and efficient regulations that benefit the entire City, fostering a well- balanced and thriving community.

C. The proposed revision is consistent with the purpose and intent of the remainder of this title not under consideration.

Response: The proposed amendments to Title 5 ( Business Licenses and Regulations), Title 8 ( Health and Safety), and Title 16 Land Use and Development) are consistent with the purpose and intent of the existing Land Use and Development Code. These amendments align with the overall goals of the Code, supporting sustainable development, public health, safety, and welfare. By updating definitions, correcting ambiguities, streamlining processes, and incorporating state -mandated changes, they enhance the regulatory framework without disrupting the foundational principles.

Therefore, the changes maintain consistency with the broader Code, ensuring a coherent and comprehensive approach to city planning and development. The remainder of this title not under consideration will remain consistent.
d. The potential environmental impacts of the proposed change of zone or revision are insignificant or there are overriding considerations which outweigh the potential impacts.
-10-
Response: The adoption of this Ordinance is exempt from the California Environmental Quality Act ( CEQA) under the General Rule ( 14 C. C. R. Section 15061( b)( 3)), which applies only to projects with the potential for significant environmental effects. This Ordinance involves amending multiple code sections to ensure compliance with state legislation, streamline processes, and promote sustainable development practices. These amendments benefit residents and developers by providing more opportunities for housing and businesses, imposing limitations through proposed guidelines and regulations, and supporting public health, safety, and welfare. There is no possibility of significant environmental effects as the Ordinance only revises Land Use and Development Code provisions to enhance regulatory clarity and compliance and does not propose any specific development projects. The potential environmental impacts of the proposed revisions are insignificant since the amendments are primarily administrative and procedural.

The changes align the City's regulations with recent state laws, correct ambiguities, and improve regulatory efficiency without substantial physical changes to the environment. The benefits, such as promoting affordable housing, enhancing public health and safety, and ensuring regulatory compliance, outweigh any minimal potential impacts.

7. Based on the Findings and Conclusions set forth above, the Planning Commission recommends the City Council adopt a Notice of Exemption and direct Staff to file a Notice of Exemption with the County Clerk of the Board; Introduce an Ordinance to amend Regulations Code and portions of the Land Use and Development Code ( MCA 24- 001), including Title 5 Business License and Regulations), Title 8 ( Health and Safety), Chapter

16. 06 ( Definitions), Chapter 16. 08 ( Permits and Approvals), Chapter 16. 12 Special Districts), Chapter 16. 16 ( Residential Uses), Chapter 16. 22 Mixed Use District), Chapter 16.24 ( Employment Districts), Chapter 16. 40 General Development Standards), Chapter 16. 44 ( Specific Use Development Standards) attached hereto and incorporated by reference as Exhibit A.

Exhibit A — Draft Administrative Ordinance No.

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. -11-
PASSED, APPROVED AND ADOPTED this 1st day of April 2025.

ATTEST:

I
Randall Hamerly, airman wrence Ma,inez
Planning Commis ion Community Development Director
-12-
EXHIBIT " A"
Draft City Council Ordinance to PC resolution No. 25- 006 -13-
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HIGHLAND, CALIFORNIA, AMENDING TITLE 5 ( BUSINESS LICENSES AND
REGULATIONS), TITLE 8 ( HEALTH AND SAFETY), AND TITLE 16

LAND USE AND DEVELOPMENT CODE) OF THE HIGHLAND

MUNICIPAL CODE TO UPDATE DEFINITIONS, AMEND HEIGHT

STANDARDS, REVISE DESIGN REVIEW PROCESSES, UPDATE

REGULATIONS FOR NON -CONFORMING PARCELS, USES AND

STRUCTURES, UPDATE PROVISIONS FOR ACCESSORY

STRUCTURES, DWELLING UNITS, AND ACCESSORY DWELLING

UNITS, AMEND BUSINESS PARK BUILDING HEIGHT STANDARDS,

MODIFY DEVELOPMENT DENSITY REQUIREMENTS, AND

ESTABLISH SINGLE ROOM OCCUPANCY HOUSING STANDARDS,
AND ( 1) ADD LOW -BARRIER NAVIGATION CENTERS AS PERMITTED

USES IN THE MIXED USE ( MU) ZONE AND IN THE PLANNED
DEVELOPMENT ( PD) ZONE, ( 2) SINGLE ROOM OCCUPANCIES AS A CONDITIONALLY PERMITTED USE IN THE A/ EQ, R- 1, R2, R- 3, HDS AND VR ZONES, (3) RESIDENTIAL CARE FACILITIES SERVING SIX OR FEWER AS A PERMITTED USE IN THE A/EQ, R- 1, VR, AND EHV

ZONES AND AS PERMITTED USE WITH A STAFF REVIEW PERMIT IN R- 2 AND R-2C ZONES, ( 4) RESIDENTIAL CARE FACILITIES SERVING

SEVEN OR MORE AS A PERMITTED USE IN THE EHV ZONE AND
CONDITIONALLY PERMITTED USE IN THE A/EQ, R- 1, VR, AND R- 2C ZONES, ( 5) UNLICENSED GROUP HOMES AS A PERMITTED USE IN THE A/ EQ, R- 1, VR AND EHV ZONES AND AS A PERMITTED USE WITH A STAFF REVIEW PERMIT IN THE R- 2C, AND R- 2 ZONES, AND ( 6) CHILD CARE FACILITIES SERVING 14 OR FEWER CHILDREN AS A

PERMITTED USE IN ALL RESIDENTIAL ZONES, AND MAKE A FINDING

OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT ( MUNICIPAL CODE AMENDMENT MCA 24-001)
THE CITY COUNCIL OF THE CITY OF HIGHLAND DOES ORDAIN AS FOLLOWS:

Section 1. Findings and Intent.

WHEREAS, the Highland City Council adopted Resolution No. 2023-035 approving the City' s 6th Cycle 2021- 2029 Housing Element and related CEQA Documents. The Housing Element includes a number of programs and policies and timeframes for the implementation of those programs and policies;
WHEREAS, the California Department of Housing and Community Development (HCD) certified the City' s 6th Cycle 2021- 2029 Housing Element; -14-
WHEREAS, the proposed amendments support the implementation of the Housing Element by promoting the development of affordable housing, incentivizing lot consolidation, and updating regulations for accessory dwelling units, density bonuses, and group homes and residential care facilities;
WHEREAS, the existing Chapters 5, 8, and 16 of the Municipal Code sections contain outdated guidelines, regulations, standards, and permitted land uses that need to be revised to ensure compliance with current state legislation and to address the City' s housing and development goals
WHEREAS, staff has re-evaluated Chapters 5, 8, and 16 of the Municipal Code and proposed modifications that will enhance the regulatory framework, streamline processes, promote sustainable development, and protect the public health, safety, and welfare of the community (" Municipal Code Amendment"); WHEREAS, the City of Highland Planning Commission held a duly noticed public hearing at the Highland City Hall Council Chambers in Highland, California, on April 1, 2025 at 6: 00 P. M., and, notice of said public hearings having been duly given as required by law and in accordance with the provisions of the Highland Municipal Code, heard and considered evidence for and against said Municipal Code Amendment, and investigated and made findings and recommendations in connection herewith. At the conclusion of the public hearing on April 1, 2025, the City of Highland Planning Commission adopted Resolution No. 25- recommending that the City Council adopt this Ordinance; and WHEREAS, the City of Highland City Council held a public hearing at the Highland City Hall Council Chambers in Highland, California, on ,
2025 at 6: 00 P. M., and,
notice of said public hearings having been duly given as required by law and in accordance with the provisions of the Highland Municipal Code, heard and considered evidence for and against said Municipal Code Amendment, and investigated and made findings and recommendations in connection herewith. At the conclusion of the public hearing, the City of Highland City Council closed the public hearing.

WHEREAS, the City Council has found and determined as follows:

1. That the proposed changes to the Development Code, as set forth herein, are consistent with the goals, objectives, policies, and programs of the City of Highland General Plan, and are necessary and desirable to implement the provisions of the General Plan.

The proposed Municipal Code amendments to the Land Use and Development Code are consistent with the General Plan' s goals, objectives, policies, and programs, and are necessary to implement its provisions. The amendments implement key strategies from the 2021- 2029 6tn Cycle Housing Element, including the removal of barriers to fair housing through elimination of the Crime0a -15-
Free Rental Housing Ordinance ( Program 2), consistency with state density bonus law ( Program 6). The updates also facilitate housing for special needs populations through by -right provisions for supportive housing and emergency shelters Program 19), authorize Low -Barrier Navigation Centers ( Program 27), streamline approval processes for qualifying affordable housing developments ( Program 28), and establish objective design standards to increase development certainty and transparency ( Program 29).

These updates ensure compliance with recent state legislation, support development goals, clarify definitions, correct ambiguities, and streamline processes. Additionally, they facilitate the implementation of the Housing Element, ensuring the City meets its housing needs under state law. By aligning with state legislation and current development needs, these amendments ensure the City' s regulations are clear, effective, and promote sustainable growth, making them essential for the General Plan' s implementation.

2. That the proposed changes to the Land Use and Development Code, as forth herein, will not adversely affect the public health, safety, and general welfare or result in an illogical land use pattern.

The proposed Municipal Code amendments to Title 5 ( Business Licenses and Regulations), Title 8 ( Health and Safety), and Title 16 ( Land Use and Development) will not negatively impact public health, safety, or welfare, nor will they create an illogical land use pattern. These carefully designed changes aim to enhance the regulatory framework, ensure public health and safety, and promote logical, sustainable land use patterns. Additionally, the amendments incorporate state -mandated changes, ensuring compliance with recent State legislation.

Consequently, the amendments will provide clear, and efficient regulations that benefit the entire City, fostering a well- balanced and thriving community.

3. The proposed revision is consistent with the purpose and intent of the remainder of this title not under consideration.

The proposed amendments to Title 5 ( Business Licenses and Regulations), Title 8 ( Health and Safety), and Title 16 ( Land Use and Development) are consistent with the purpose and intent of the existing Land Use and Development Code.

These amendments align with the overall goals of the Code, supporting sustainable development, public health, safety, and welfare. By updating definitions, correcting ambiguities, streamlining processes, and incorporating state -mandated changes, they enhance the regulatory framework without disrupting the foundational principles. Therefore, the changes maintain consistency with the broader Municipal Code, ensuring a coherent and comprehensive approach to city planning and development.

4. The potential environmental impacts of the proposed change of zone or revision are insignificant or there are overriding considerations which outweigh the potential impacts. 3 -16-
The adoption of this Ordinance is exempt from the California Environmental Quality Act ( CEQA) under the General Rule ( 14 C. C. R. Section 15061( b)( 3)), which applies only to projects with the potential for significant environmental effects. This Ordinance involves amending multiple code sections to ensure compliance with state legislation, streamline processes, and promote sustainable development practices. These amendments benefit residents and developers by providing more opportunities for housing and businesses, imposing limitations through proposed guidelines and regulations, and supporting public health, safety, and welfare.

There is no possibility of significant environmental effects as the Ordinance only revises Land Use and Development Code provisions to enhance regulatory clarity and compliance and does not propose any specific development projects. The potential environmental impacts of the proposed revisions are insignificant since the amendments are primarily administrative and procedural. The changes align the City' s regulations with recent state laws, correct ambiguities, and improve regulatory efficiency without substantial physical changes to the environment. The benefits, such as promoting affordable housing, enhancing public health and safety, and ensuring regulatory compliance, outweigh any minimal potential impacts.

SECTION 2. Section 5. 34. 020, Special business license provisions — Crime free Multiple - Family Rental -Housing Program, of Chapter 5. 34, Multiple -Family and Other Rental Units, of Title 5, Business Licenses and Regulations, of the Highland Municipal Code is hereby deleted in its entirety.

SECTION 3. Chapter 8. 36, Heritage Trees of Title 8, Health and Safety, of the Highland Municipal Code is hereby deleted in its entirety.

SECTION 4. Section 16. 06. 120, L Definitions, of Chapter 16. 06, Definitions, of Title 16, Land Use and Development Code, of the Highland Municipal Code is hereby amended to add a new definition for " Low -Barrier Navigation Center" to read as follows, with all other provisions of Section 16. 06. 120 remaining unchanged:

Low -Barrier Navigation Center" means a Housing First, low barrier, service -enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. A Low Barrier Navigation Center may be non -congregate and relocatable. " Low Barrier" means best practices to reduce barriers to entry, and may include, but is not limited to, the following:
1) The presence of partners if it is not a population -specific site, such as for survivors of domestic violence or sexual assault, women, or youth. 2) Pets.
3) The storage of possessions.
4) Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms."
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SECTION 5. Section 16. 06.040, D Definitions, of Chapter 16.06, Definitions, of Title 16, Land Use and Development Code, of the Highland Municipal Code is hereby amended to amend the definition of "Day care facility" as follows, with additions shown in bold text and deletions shown in strikethrough text, with all other provisions of Section 16. 06. 040 remaining unchanged:

Day care facility" means a facility which provides nonmedical care to children under 18 years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24- hour basis. Day care facility includes family day care homes, infant centers, preschools, and extended day care facilities. A "family care home" is a day care facility located in a residence which regularly provides care, protection and supervision of 4-214 or fewer children from more than one other family, in the provider' s own home, for periods of less than 24 hours per day, while the parent or guardians are away, and includes the following:

1. " Large family day care home" are those which provide family day care to sevennine to 4-214 children, inclusive, including children who reside at the home.

2. Small family day care home" are those which provide family day care to si-xeight or fewer children, including children who reside at the home." SECTION 6. Section 16. 06. 180, R Definitions, of Chapter 16. 06, Definitions, of Title 16, Land Use and Development Code, of the Highland Municipal Code is hereby amended to amend the definition of " Residential care facility" to read as follows, with additions shown in bold text and deletions shown in strikethrough text, with all other provisions of Section 16. 06. 180 remaining unchanged:
lijjyviijii iqllgiMI." WIN Wp_
Residential Care Facility" means any state -authorized, certified, or licensed facility, place, or building that is maintained and operated to provide nonmedical residential care, day treatment, therapeutic or rehabilitative care, adult day care, residential care for the elderly, transitional housing placement, alcoholism or drug abuse recovery or treatment facilities, or foster family agency services for children or adults. This includes care for individuals with physical disabilities, mental impairments, developmental disabilities, 5 -18-
substance recovery needs, and other vulnerable populations, as defined in the California Community Care Facilities Act (Health and Safety Code Sections 1500 et seq.). A residential care facility can also include a self-help group home that is not licensed by the State.

1. Residential Care Facilities Serving Six or Fewer Residents (Licensed Group Home) - These facilities are considered equivalent to single- family residences and are permitted by right in all single-family residential zones, subject only to the general residential standards applicable to single- family homes.

2. Residential Care Facilities Serving Seven or More Residents ( Licensed Group Home) - Facilities serving seven or more residents are permitted in designated residential zones, subject to discretionary review and approval.

This review may include public hearings and additional criteria to ensure compatibility with surrounding land uses, in accordance with local zoning standards. Reasonable accommodations will still be available as needed to support compliance with fair housing laws and the needs of residents.

3. Unlicensed Group Homes ( Non -licensable Services) - means any residential facility that is not licensed by the State, which, by State law, is required to be treated as a residential use of property. When serving six or fewer persons, unlicensed group homes may only be established in conjunction with a single-family dwelling."
SECTION 7. Section 16. 06. 190, S Definitions, of Chapter 16. 06, Definitions, of Title 16, Land Use and Development Code, of the Highland Municipal Code is hereby amended to add a definition for "Single Room Occupancy (SRO) Unit' to read as follows, with all other provisions of Section 16. 06. 190 remaining unchanged:

Single Room Occupancy ( SRO) Unit" shall have the same definition as " Efficiency Unit' as defined by California Health and Safety Code section 17958. 1." SECTION 8. Subsection B of Section 16. 08. 090, Design Review, of Chapter 16. 08, Permits and Approvals, of Title 16, Land Use and Development Code, of the Highland Municipal Code is hereby amended to read as follows, with additions shown in bold text and deletions shown in strikethrough text, with all other provisions of Section 16.08.090 remaining unchanged:

B. Projects Requiring Design Review. Except as otherwise required by State law, an AR application for design review by the planning commission is required for all commercial, industrial, institutional, and residential projects of fGwfive or more dwelling units involving the issuance of a building permit for construction or reconstruction of a structure which meets the following criteria:

1. New construction on vacant property;
2 -19-

2. Structural additions which are equal to 50 percent or more of the floor area of existing on -site buildings;

3. Reconstruction projects which are equal to 50 percent or more of the floor area of existing buildings;

4. Signs as required by the sign regulations, Chapter 16. 56 HMC;

5. Projects involving a substantial change or intensification of land use, such as the conversion of an existing residential structure to an office or commercial use;

6. Outdoor storage areas;

7. Landscape plans for projects requiring design review; or

8. Major public works projects, as feasible."
SECTION 9. Subsection C of Section 16. 08. 090, Design Review, of Chapter 16. 08, Permits and Approvals, of Title 16, Land Use and Development Code, of the Highland Municipal Code is hereby amended to read as follows, with additions shown in bold text and deletions shown in strikethrough text, with all other provisions of Section 16. 08. 090 remaining unchanged:

C. Projects Requiring Minor Design Review.

1. Except as otherwise required by State law, an AR application for minor design review is required for residential projects with t# reefour or fewer dwelling units, and commercial, industrial and institutional projects not subject to design review which involve the issuance of a building permit for construction or reconstruction of a structure which meets one or more of the following criteria:
a. Structural additions which do not result in an increase of more than 50 percent of the floor area of the existing building;
b. The construction and/ or placement of silos, satellite dishes, antennas, private water tanks, roof- or ground -mounted equipment visible from the public street or similar structures and equipment on existing developed properties as determined by the community development director;
c. Signs as required by Chapter 16. 56 HMC;
d. Residential construction involving three or fewer dwelling units; or e. Landscape plans for projects requiring minor design review. -20-

2. The community development director may determine that any minor design review requires review by the planning commission."
SECTION 10. Section 16. 08. 100, Large Family Day Care Permit, of Chapter 16. 08, Permits and Approvals, of Title 16, Land Use and Development Code, of the Highland Municipal Code is hereby deleted in its entirety.

SECTION 11. Subsections D and E of Section 16. 08. 150, Nonconforming Parcels, Uses and Structures, of Chapter 16. 08, Permits and Approvals, of Title 16, Land Use and Development, of the Highland Municipal Code are hereby amended to read as follows, with additions shown in bold text with deletions shown in strikethrough text, with all other provisions of Section 16. 08. 150 remaining unchanged:

D. Continuation and Maintenance.

1. Any nonconforming structure or use may be continued and maintained for the periods of time hereinafter set forth; provided, that there are no structural alterations, except as hereinafter provided:
a. Agricultural crops shall not be subject to the provisions of this section; b. Agricultural uses that involve permanent structures shall be subject to the provisions of this section; however, such uses shall be permitted to make any changes or improvements that are required by any state law or local ordinance, including structural alterations that are necessary as a part thereof.

2. Any structure for which a building permit has been legally issued, and on which substantial construction has been performed in reliance thereon on the site before an amendment to the regulation or ordinance making the use or structure nonconforming, may be continued in accordance with the plans and specifications upon which the permit was issued, subject to the limitations of this section.

3. A property containing a legally established structure that does not conform with applicable development standards for front yards, side yards, rear yards, height, floor area of structures, or open space for the district in which the property is located shall be deemed to be a nonconforming structure, and may be used and maintained as provided herein.

4. A legally established sign or display which does not conform with applicable standards ( see Chapter 16. 56 HMC) may be used and maintained until the associated use or structure is discontinued. Off -site advertising or displays may be used and maintained as provided in HMC 16. 56. 190.

5. Routine maintenance and repairs may be performed on a nonconforming use, structure, or sign. However, maintenance and repairs shall not be of a nature to extend the normal life of the use, structure or sign.
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6. Any legal nonconforming single-family residential structure which does not conform to current enclosed parking standards may construct a one ( 1) car garage or carport, provided that the property owner demonstrates that the physical limitations of the site prohibits full conformance to the Development Code standard of a two ( 2) car enclosed garage. Said physical limitations shall consist of any construction which would encroach upon a required front, side, street side or rear yard setback area, or the location of the existing structure( s) on site, that were legally constructed with appropriate building permit, which because of their location do not permit sufficient physical space between the structure(s) and any property where a garage, attached or detached, in conformance to the Development Code standards, could be constructed. All individual parking spaces shall conform to the Code' s minimum size standards. The carport or garage shall follow the development standards of the R- 1 ( Single -Family) Zoning District." E. Alterations and Enlargements of Nonconforming Uses and Structures.

1. A nonconforming use, other than those residential units or associated accessory structures listed in the exemption in subsection B of this section, shall not be moved or altered unless required by law, or unless the moving or alteration will result in the elimination of the nonconformity, except as permitted in this chapter.

2. A nonconforming use shall not be enlarged or extended in such a way as to occupy any part of the structure or site or another structure or site which it did not occupy at the time it became a nonconforming use, or in such a way as to displace any conforming use occupying a structure or site, except as permitted in this chapter. There is an exemption, however, for the residential units or associated accessory structures listed in the exemption in subsection B of this section, which may be enlarged or extended by up to 25 percent, as measured by total floor area before and after the enlargement or extension.

3. A nonconforming structure shall not be altered or reconstructed so as to increase the discrepancy between existing conditions and the standards for front yards, side yards, rear yards, height of structures, distances between structures, or usable open space prescribed in the regulations for the zone in which the structure is located. There is an exemption, however, for the residential units or associated accessory structures listed in the exemption in subsection B of this section, which, when enlarged by the allowable 25 percent, may encroach into the permitted setbacks in alignment with the existing structures, subject to compliance with the latest adopted California Building Code."
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SECTION 12. Subsection B of Section 16. 12. 010, Planned Development District, of Chapter 16. 12, Special Districts, of Title 16 Land Use and Development Code of the Highland Municipal Code is hereby amended to read as follows, with additions shown in bold text, with all other provisions of Section 16. 12. 010 remaining unchanged:

B. Use Regulations.

1. Uses within a Planned Development District shall be established by a conditional use permit, planned development, or a development plan approved for the site, as determined by the community development director.

2. Uses established by the development plan shall be consistent with the text and land use map of the general plan and any applicable planned development or specific plan for the project site.

3. Prior to the approval of a district change to " Planned Development," the conditions of approval for the conditional use permit or development plan, approved in accordance with the provisions of this chapter and Chapter 16. 08 HMC, shall establish the permitted and the conditionally permitted primary and accessory uses for the planned development project.

4. Sexually oriented business shall be permitted subject to provisions of Chapter

16. 72 HMC.

5. Accessory dwelling units and junior accessory dwelling units are permitted if they comply with the provisions of HMC 16.44. 180.

6. Low -Barrier Navigation Centers are permitted with a conditional use permit."
SECTION 13. Subsections A, B and C of Table 16. 16.030, Uses Permitted Within Residential Districts, of Section 16. 16. 030, Use Regulations for Residential Districts, of Chapter 16. 16, Residential Districts, of Title 16, Land Use and Development, of the Highland Municipal Code are hereby amended to read as follows, with additions shown in bold text and deletions shown in strikethrough text, with all other provisions of Section

16. 16. 030 remaining unchanged:

A. Residential Uses
A/ EQ R- 1 R- 2 R-3 R- 4 HDS VR R- 2C EHV

1. Single-family detached P P SR P SR P
2- 4 dwellings per parcel)
5+ dwellings per parcel)
C SR
C
SR
C SR
C
C
10 -23-
A/ EQ R- 1 R- 2 R- 3 R-4 HDS VR R- 2C EHV

2. Single- family attached
duplex, triplex, fourplex)

C SR SR

3. Multiple -family attached C C SR SR C
Maximum 650 units ( units
constructed after 650 shall SR
comply with HMC 16. 12. 010

4. Mobilehome subdivisions SR SR C C

5. Mobilehome parks C C C

6. Boarding/ rooming houses
7 or more residents)

C C C C C

7. Senior independent living SR SR C C C C SR C SR

8. Board and care facilities
7 or more residents)

C C C C C

9. Senior congregate care,
assisted living

C C C C C

10. Residential Care Facility
licensed group home) 6 or
fewer persons

P P SR P SR P
licensed group home) 7 or C
C C P
more persons
unlicensed group home) P FP SR P SR P
9-.11 Senior congregate care,
assisted living

C C C C C
4-0-.12 Convalescent care C C C C C
44- 13 Bed and breakfast inns C C C C C C C C C

14. Single Room
Occupancies

C C C C C C
43-.15 Accessory dwelling
units and junior accessory
dwelling units ( shall comply
with the provisions of

P P P P P P P P P
HMC 16. 44. 180)
B. Commercial Uses
rt Hotels, motels r-7: E:
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A/ EQ R- 1 R- 2 R- 3 R- 4 HDS VR R-2C EHV

2. Equestrian centers, riding
academies, commercial C
stables

3. Massage establishments'
C. Public/ Quasi- Public Uses

1. Day nurseries, nursery
schools, child care facilities P P P P P P P P P
per state law ( 14 or fewer
children)
a. / 14 or fewef
Ghk[Fe' 4
c R
dSR cp dcpPc dRc dc lac df cp dR dRC dc R

2. Post office branch

3. Community facilities and C C C C
religious institutions C C C

4. Educational institutions C C C C C C C

5. Fire and police stations C C C C C C C

6. Public libraries and

C C C C
museums

7. Public parks and recreation SR SR SR SR SR SR SR

8. Public utility and public
service substations,
reservoirs, pumping plants, SR SR SR SR C SR SR
and similar installations not
including public utility offices

9. Recreational facilities ( e. g.,
country clubs, tennis and
swim clubs, golf courses),
C C C
including limited commercial C C C C SR SR
uses which are commonly
associated and directly
related to the primary use
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IE
SECTION 14. Subsection B of Table 16.22. 030.A, Uses Permitted Within the Mixed Use District, of Section 16. 22. 030, Mixed Use Regulations, of Chapter 16. 22, Mixed Use District, of Title 16 Land Use and Development Code of the Highland Municipal Code is hereby amended to read as follows, with additions shown in bold text, with all other provisions of Section 16. 22. 030 remaining unchanged:

Use
Attached
Mixed
Use
Structure
Separated
Multiple
Use
Project
B. Residential uses

1. Single- family detached
SR

2. Single-family attached ( e. g., duplex, triplex, fourplex — not attached mixed use)
C SR

3. Multiple -family attached ( not mixed use) C SR

4. Senior independent living C C

5. Senior congregate care, assisted living C C

6. Convalescent care
C C

7. Accessory dwelling units and junior accessory dwelling units shall comply with the provisions of HMC 16. 44. 180)
P P

8. Low Barrier Navigation Centers P P

9. Single Room Occupancies C C
SECTION 15. Subsection B of Table 16.24. 030.A, Uses Permitted Within Employment Districts, of Section 16. 24. 030 Use Regulations for Employment Districts, of Chapter

16. 24, Employment Districts, of Title 16, Land Use and Development Code of the Highland Municipal Code is hereby amended to read as follows, with additions shown in bold text, with all other provisions of Section 16. 24. 030 remaining unchanged:

BP I OP
Uses
B. Wholesale uses and warehousing

1. Light wholesale, storage and distribution including wholesaling, storage, SR SR and warehousing services within enclosed buildings. Storage and wholesale to retailers from the premises of unfinished, raw and semi -refined products requiring further processing, fabrication, and manufacturing, and other storage shall be excluded from this land use type

2. General wholesale, storage, and distribution including warehousing, C SR storage, freight handling, shipping, trucking services and terminals, storage and warehousing from the premises of unfinished, raw and semi -refined 13 -26-
Uses
BPI OP
products requiring further processing, fabrication, or manufacturing. Outdoor storage shall be permitted subject to applicable screening requirements

3. Contractor' s storage yards ( temporary in Business Park) including the SR SR storage of equipment, materials and vehicles for construction industry contractors ( screening of outdoor storage required)

4. Recreational vehicle storage ( screening of outdoor storage required) C SR

5. Vehicle storage/towing services
C SR

6. Vehicle wrecking and storage
C

7. Mini storage
C SR

8. Semi -trailer, tractor units, tractor -trailer combinations ( whether connected or disconnected) storage, parking and/ or staging SECTION 16. Table 16. 24. 040.A, Industrial Site Development Minimum Standards, of Section 16. 24. 040, Employment District Development Standards of Chapter 16. 24, Employment Districts, of Title 16 Land Use and Development Code of the Highland Municipal Code is hereby amended to read as follows, with additions shown in bold text and deletions shown in strikethrough text, with all other provisions of Section 16. 24. 040 remaining unchanged:

Requirement BP I OP

1. Minimum parcel size 1 AC 1 AC 10 K sq.
ft

2. Minimum site width ( in feet) 150 200 80

3. Minimum site depth ( in feet) 150 200 100

4. Minimum front building setback area ( in
feet)
20 20 20

5. Minimum interior side building setback area
in feet)
20 0 20

6. Minimum street side building setback area
in feet)
20 20 20

7. Minimum rear building setback area ( in feet) 20 0 20

8. Maximum building height (in feet) 3550 50 35

9. Maximum lot coverage 60% 50% 60%
SECTION 17. Subsection A of Section 16. 40. 030 Accessory Structures, of Chapter 16. 40, General Development Standards, of Title 16, Land Use and Development Code of the Highland Municipal Code is hereby amended to read as follows, with additions shown in 14 -27-
bold text and deletions shown in strikethrough text, with all other provisions of Section

16. 40. 030 remaining unchanged:

A. Accessory Structures within Residential Districts.

1. Accessory Structure. Except as provided below, all accessory structures, whether attached or detached, shall meet all of the site development standards applicable to the main structure as required by the zoning district in which the main structure is located.

2. Canopies/ Patio Covers. Canopies/ patio covers or roofs attached to the main building or connecting the main building to an accessory building may extend into a required rear yard, interior side yard, and street side yard; provided, that the portions of such structures extending into the yard:
a. Shall not exceed IF foot in heig# t 1, 000 square feet in area, or more than 20 feet in height, or project closer than five feet to an interior side, street side, or rear lot line; provided that, the canopies/ patio cover is no higher than the main structure.
b. Shall be entirely open on at least three sides excluding the necessary supporting columns, except that a roof connecting a main building and an accessory building shall be open on two sides. Construction, projections, openings and penetrations of exterior walls of dwellings and accessory structures shall comply with separation requirements and opening protections as set forth in the California Building Code.
c. A Staff Review Permit, approved by the Planning Commission, is required before issuing building permits for canopies or patio covers that exceed the maximum size specified above. This permit is a one- time approval and will remain valid for the lifetime of the structure.
d. Findings
Prior to acting upon an application for a Special Use Permit for a detached carport, private garage, or other detached accessory structure, the reviewing authority shall find that all of the following are true. 1) The site for the proposed use is adequate in size and shape to accommodate said use and all yards, building coverage, setback, parking area, and other requirements of the Code.
2) The proposed accessory structure is subordinate in size, location, and appearance to the primary residential unit.
15 -28-
3) Issuance of the permit shall not be detrimental to the public health, safety, or welfare, or injurious to the property or improvements in the vicinity and district in which the use is located.
4) The appearance of the detached accessory structure and the method of construction are compatible with the surrounding built environment.

3. Ground -Mounted Equipment. Ground -mounted equipment, including but not limited to air conditioning compressors, evaporative coolers and pool equipment, may project a maximum of four feet into the required rear yard setback, and a maximum of two feet into the required interior side yard setback, but shall be prohibited from projecting into the required front or street side yard setbacks.

4. Detached Accessory Structures.
a. A detached accessory structure may be located within an interior side yard or rear yard; provided, that when such a structure is located closer than five feet to an interior side or rear lot line, one -hour fire walls shall be installed on the side or sides located within the setback. In no case shall an accessory structure be located closer than one foot from the property line.
b. Accessory buildings shall have a maximum height of 4-520 feet and shall not exceed 1000 square feet; provided, however, that the accessory building is no higher than the main structure.
c. Accessory buildings shall be located at least 10 feet from any other building. d. A Staff Review Permit, approved by the Planning Commission, is required before issuing building permits for accessory buildings that exceed the maximum size specified above. This permit is a one-time approval and will remain valid for the lifetime of the structure.

5. Projections into Yards. Porches, steps, and architectural features, such as eaves, awnings, chimneys, balconies, stairways, wing walls and bay windows, may project a maximum of three feet into any required front or rear yard area, and into any required side yard area no more than one- half of the required side yard." SECTION 18. Section 16. 40. 090, Development Density, of Chapter 16. 40, General Development Standards, of Title 16 Land Use and Development Code of the Highland Municipal Code is hereby amended in its entirety to read as follows:

A. The purpose of the provisions of this section is to provide incentives for the production of specific housing types for populations, including, but not limited to, very low income, lower income, moderate income, and senior households, in 16 -29-
accordance with Government Code Section 65915, commonly referred to as the State Density Bonus Law. In enacting this division, it is the intent of the city to facilitate the development of the goals, objectives, and policies of the housing element of the city' s general plan.

B. In addition to any other review required for a proposed housing development, applications for a density bonus shall be filed with the Community Development Department on a form approved by the Community Development Department Director. The application shall be filed concurrently with an application for a design review permit review, staff review permit, or administrative approval.

At the time the application is submitted, the applicant shall pay a density bonus application fee, established by resolution of the City Council.

C. City staff shall process the application for a density bonus in the same manner as, and concurrently with, the application for a design review permit, staff review permit, or administrative approval that is required by this Code. The reviewing authority for the density bonus application shall be the same reviewing authority for the design review permit, staff review permit, or administrative approval.

D. The application shall clearly indicate the number of base units allowed by the City general plan and zoning regulations, the number of density bonus units requested, and the number of affordable units that will be included in the proposed project. The applicant should submit reasonable documentation to establish eligibility for a requested density bonus, incentives or concessions, waivers or reductions of development standards, and parking ratios, to the satisfaction of the Community Development Director.

E. For a housing development qualifying pursuant to the requirements of Government Code Section 65915, the City shall grant a density bonus in an amount specified by Government Code Section 65915. Except as otherwise required by Government Code Section 65915, the density bonus units shall not be included when calculating the total number of housing units that qualifies the housing development for a density bonus.

F. For the purpose of calculating the density bonus, the " maximum allowable residential density" shall be the greatest density allowed under the zoning ordinance, specific plan, or land use element of the general plan, or, if a range of density is permitted, the greatest allowable density for the specific zoning range and land use element of the general plan applicable to the project. If the applicable zoning ordinance, specific plan, or land use element of the general plan does not include a standard for density per acre, the developer shall prepare a base density study to calculate the number of base units pursuant to the provisions of Government Code Section 65915( o)( 6).
17 -30-
G. The City shall grant the applicant the number of incentives and concessions required by Government Code Section 65915. The City shall grant the specific concession( s) or incentive( s) requested by the applicant, unless it makes any of the relevant written findings stated in Government Code Section 65915( d). Senior citizen housing developments that qualify for a density bonus shall not receive any incentives or concessions, unless Government Code Section 65915 is amended to specifically require that local agencies grant incentives or concessions for senior citizen housing developments.

H. For an applicant proposing to construct a housing development that conforms to the requirements of Government Code Section 65915( b) and includes a childcare facility that will be located on the premises of, as part of, or adjacent to the project, the City shall grant either an additional density bonus or a concession or incentive as provided for in Government Code Section 65915( h)( 1). A proposed project shall be eligible for the density bonus or concession or incentive described in this Section only if the project is made subject to, and the project applicant agrees to adhere to the conditions of approvals set forth in Government Code Section 65915( h)( 2). As used in this section, " childcare facility" shall have the same meaning as the term is defined in Government Code Section 65915 .

I. Except as restricted by Government Code Section 65915, the applicant for a density bonus may submit a proposal for the waiver or reduction of development standards that have the effect of physically precluding the construction of a housing development incorporating the density bonus and any incentives or concessions granted to the applicant. A request for a waiver or reduction of development standards should be accompanied by documentation demonstrating that the waiver or reduction is physically necessary to construct the housing development with the additional density allowed pursuant to the density bonus and incorporating any incentives or concessions required to be granted. The City shall approve a waiver or reduction of a development standard, unless it finds that:

1. The application of the development standard does not have the effect of physically precluding the construction of a housing development at the density allowed by the density bonus and with the incentives or concessions granted to the applicant;

2. The waiver or reduction of the development standard would have a specific, adverse impact, as defined in Section 65589. 5( d)( 2), upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact;

3. The waiver or reduction of the development standard would have an adverse impact on any real property that is listed in the California Register of Historical Resources; or
18 -31-

4. The waiver or reduction of the development standard would be contrary to state or federal law.

J. The applicant may request, and the City shall grant, a reduction in parking requirements in accordance with Government Code Section 65915( p), as that section may be amended from time to time.

K. The applicant shall comply with all requirements stated in Government Code Section 65915.

L. The applicant shall enter into an agreement with the City to ensure the continued affordability of all affordable units or the continued reservation of such units for qualifying senior citizens as required by Government Code Section 65915.

Prior to receiving a building permit for any project that receives a density bonus or any incentive, concession, waiver, or reduction of development standards pursuant to this section, such agreement shall be recorded as a covenant against the property. The agreement shall be on a form approved by the City Attorney.

M. For any development project that is granted a density bonus or other benefit pursuant to this section, the affordable units that qualify the project as eligible for a density bonus, must be constructed concurrently with or prior to the construction of any market rate units. In addition, the affordable units must be integrated with the market rate units so that there is a mix of affordable and market rate units, if any, in each building of the development project.

N. An applicant shall not receive a density bonus or any other incentive or concession if the housing development would be excluded under Government Code Section 65915, which includes, but is not limited to, projects that fail to replace" existing housing units, as required by state law.

O. The provisions of this subdivision shall be interpreted to fulfill the requirements of Government Code Section 65915. Any changes to Government Code Section 65915 shall be deemed to supersede and govern any conflicting provisions contained herein.

P. Appeals of a decision to grant or deny a density bonus, or an incentive, concession or waiver of a development standard shall be governed by Highland Municipal Code Section 16. 08. 210."
SECTION 19. Section 16. 44. 270, Emergency Shelters, of Chapter 16. 44, Specific Use Development Standards, of Title 16 Land Use and Development Code of the Highland Municipal Code is hereby amended to read as follows, with additions shown in bold text, with all other provisions of Section 16. 44. 270 remaining unchanged:

A. Intent. This section is intended to control the establishment and operation of emergency shelters in the Business Park ( BP) District to ensure that such uses do not adversely impact adjacent parcels or the surrounding neighborhood, and shall 19 -32-
be developed in a manner which protects the health, safety and general welfare of the nearby residents and businesses, while providing for the housing needs of a needy segment of the community.

B. Definition. As used in this code, the term " emergency shelter" shall be as defined in California Health and Safety Code Section 50801.

C. Development Standards. In accordance with the authority granted in Section 65583( a)( 4)( A) of the Government Code, all emergency shelters shall comply with the following development and management standards:

1. Maximum Number of Beds/ Persons. An emergency shelter for the homeless shall contain a maximum of 25 beds and shall serve no more than 25 homeless persons nightly.

2. Parking. The emergency shelter shall have not less than one off-street parking space for each 250 square feet of gross floor area, unless it is demonstrated by credible evidence that a different parking ratio is appropriate based upon the shelter' s demonstrated need. For emergency shelters located within one-half mile of a public transit stop, or those primarily serving residents who do not own vehicles, the parking requirement may be reduced to zero, provided that credible evidence is submitted to justify the reduced need and subject to approval by the Community Development Director.

3. Client Intake Areas. The waiting and client intake areas shall be a minimum of 500 square feet in floor area and shall be designed to ensure that waiting clients are not required to wait outside the building.

4. Shelter Provider. The agency or organization that is operating the shelter shall comply with the following requirements:
a. Staff and services shall be provided to clients to assist clients to obtain permanent shelter, social and health services and income. b. The provider shall prepare and file a management plan with the city that includes clear operational rules and standards, including, but not limited to, standards governing expulsions and lights out, security, screening of residents to ensure compatibility with services provided at the shelter, and opportunities for training, counseling, and treatment programs for residents.

5. Concentration of Uses. An emergency shelter shall not be located within 300 feet of another emergency shelter.

6. Length of Stay. Temporary shelter shall be available to an individual client for no more than 180 consecutive days.

FA
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7. Lighting. Adequate interior and exterior lighting shall be provided for security purposes.

The lighting shall be stationary, directed away from adjacent properties and public rights -of -way, and of an intensity that is compatible with the neighborhood.

8. Security. Parking and outdoor facilities shall be designed to provide security for clients, visitors, employees, neighbors and the public. On -site supervisory and security personnel shall be provided at all times during the hours the shelter is in operation, with security provided at both interior and exterior locations.

9. Trash/ Recycling Enclosure. A trash/ recycling enclosure is required on site. The receptacles and enclosure shall be of sufficient size to accommodate the trash generated by the uses served. All outdoor storage of trash, garbage, refuse, and other items or materials intended for discarding or recycling collection shall be screened from public view on at least three sides by a solid decorative wall not less than five feet in height, or alternatively, such material or design approved by the planning commission. The fourth side shall contain a solid metal gate maintained in working order and remaining closed except when in use.

10. Laundry Facilities. An emergency shelter is encouraged to provide laundry facilities or services adequate for the number of residents.

11. Common Facilities. An emergency shelter is encouraged to provide a central cooking and dining room, subject to applicable health and use permits, for the exclusive use of the residents and staff.

12. Sanitary Facilities. An emergency shelter shall provide and maintain sufficient interior sanitary facilities to accommodate the number of clients who could be served at the shelter.

13. Clean -Up. The operator of the emergency shelter shall maintain the exterior of the emergency shelter and its immediate surrounding area in a clean and sanitary condition, without the accumulation of trash, belongings, and human or animal waste.

14. Development Standards. A new emergency shelter shall comply with HMC

16. 24. 040, Employment district development standards, unless specified otherwise in this section.

15. Fire Sprinklers. Fire sprinklers shall be installed in all emergency shelters in accordance with the city' s fire code."
SECTION 20. Environmental Review. The City Council finds that the adoption of this Ordinance is exempt from the California Environmental Quality Act ( CEQA) pursuant to the General Rule ( 14 C. C. R. Section 15061( b)( 3)) of the CEQA Guidelines, which is the 21 -34-
general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment, and CEQA does not apply where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment. This Ordinance involves amendments to multiple code sections to align with state law, expand housing and business opportunities, establish clear guidelines and regulations to ensure compatibility with community needs, and promote public health, safety, and welfare, without resulting in significant environmental impacts. There is no possibility that the Ordinance may have a significant effect on the environment since it comprehensively considers safety, aesthetics and financial implications related to such requirements. Additionally, this Amendment is not proposing development of a project.

SECTION 21. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, subsections, sentences, clause or phrases. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, clause and phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clause or phrase be declared invalid or unconstitutional, and would have passed and adopted the same even though any sections, subsections, sentences, clauses or phrases that may be held invalid had been omitted therefrom.

SECTION 22. Publication and Posting. Within fifteen ( 15) days following the passage of this Ordinance, the City Clerk shall publish and/or post this Ordinance as required by state law and City resolution.

PASSED, APPROVED, AND ADOPTED this day of 2025.

Penny Lilburn, Mayor
ATTEST:

Alondra Munoz, City Clerk
APPROVED AS TO FORM:

Maricela E. Marroquin , City Attorney
22 -35-

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF HIGHLAND )
I, Camille Duarte, Administrative Assistant III of the City of Highland, California, do hereby certify Resolution No. 2025- 006 was duly and regularly adopted by the Planning Commission of the City of Highland, California, at a regular meeting thereof held on the 1 st day of April 2025, by the following vote:

AYES: Hamerly, McCance, Miller, Thomas
NOES: None
ABSTAIN: None
ABSENT: None
uwk bcqfCamille Duarte, Administrative Assistant III
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ATTACHMENT 2
ADU) Planning Commission Resolution No. 25- 007
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RESOLUTION NO. 2025 - 007

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

HIGHLAND, CALIFORNIA, RECOMMENDING THE CITY COUNCIL
ADOPT AN ORDINANCE AMENDING SECTION 16.44.190 ( ACCESSORY DWELLING UNITS) OF TITLE 16 ( LAND USE DEVELOPMENT CODE) OF

THE HIGHLAND MUNICIPAL CODE TO UPDATE REQUIREMENTS IN

ACCORDANCE WITH STATE LAW, AND MAKE A FINDING OF

EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT (MUNICIPAL CODE AMENDMENT MCA 24- 001)
A. RECITALS
The City of Highland Planning Commission held a public hearing at the Highland City Hall Council Chambers in Highland, California, on April 1, 2025 at 6: 00 p. m. Notice of said public hearing having been duly given as required by law, and in accordance with the provisions of the Highland Municipal Code, to hear and consider evidence for and against said Land Use and Development Code Amendments and Notice of Exemption, and investigate and make findings and recommendations in connection therewith.

2. On April 1, 2025, the Planning Commission of the City of Highland, conducted a Public Hearing on the subject Project and concluded the Hearing on that date.

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

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

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

2. Based upon substantial evidence presented to the Planning Commission during the April 1, 2025, Public Hearing, including public testimony and written and oral Staff Reports, the Planning Commission 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.

3. The Planning Commission hereby adopts the Notice of Exemption which is attached hereto and incorporated herein by reference.

4. The Planning Commission hereby instructs City staff to file a Notice of exemption with the Clerk of the Board of the Supervisors of the County of San -38-
Bernardino, pursuant to the Public Resources Code and State CEQA Guidelines.

5. Notice of Exemption:
a. The Notice of Exemption was prepared for the proposed project Pursuant to the General Rule ( 14 C. C. R. Section 15061( b)( 3)) of the CEQA Guidelines, which is the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment, and CEQA does not apply where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment since the Code Amendment is not proposing development of a project.

6. Municipal Code Amendment Findings ( MCA 24- 001):
a. The proposed revision is consistent with the goals, objectives, policies, and programs of the general plan, and is necessary and desirable to implement the provisions of the general plan.

Response: The proposed Municipal Code amendments to the Land Use and Development Code are consistent with the General Plan' s Goals, Objectives, Policies, and Programs and are necessary to implement its provisions. These updates ensure compliance with recent state legislation, support development goals, clarify definitions, correct ambiguities, and streamline processes.

Additionally, they facilitate the implementation of the Housing Element Programs and Policies, ensuring the City meets its housing needs under state law. By aligning with state legislation and current development needs, these amendments ensure the City' s regulations are clear, effective, and promote sustainable growth, making them essential for the General Plan' s
implementation.
b. The proposed revision will not adversely affect the public health, safety, and welfare or result in an illogical land use pattern.

Response: The proposed Municipal Code amendments to Title 16 Land Use and Development) will not negatively impact public health, safety, or welfare, nor will they create an illogical land use pattern. These carefully designed changes aim to enhance the regulatory framework, ensure public health and safety, and promote logical, sustainable land use patterns. Additionally, the amendments incorporate state -mandated changes, ensuring compliance with recent legislation. Thus, the amendments will provide clear, and efficient regulations that benefit the entire City, fostering a well- balanced and thriving community.
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C. The proposed revision is consistent with the purpose and intent of the remainder of this title not under consideration.

Response: The proposed amendments to Title 16 ( Land Use and Development) are consistent with the purpose and intent of the existing Municipal Code. These amendments align with the overall goals of the Code, supporting sustainable development, public health, safety, and welfare. By updating ambiguities, streamlining processes, and incorporating state -mandated changes, they enhance the regulatory framework without disrupting the foundational principles. Therefore, the changes maintain consistency with the broader Code, ensuring a coherent and comprehensive approach to city planning and development. d. The potential environmental impacts of the proposed change of zone or revision are insignificant or there are overriding considerations which outweigh the potential impacts.

Response: The adoption of this Ordinance is exempt from the California Environmental Quality Act (" CEQA") pursuant to the General Rule ( 14 C. C. R. Section 15061( b)( 3)) of the CEQA Guidelines, which is the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment, and CEQA does not apply where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment. Additionally, the draft Ordinance qualifies for exemption under CEQA Guidelines Sections 15060( c)( 2) and 15060( c)( 3). Under these provisions, an activity is not subject to CEQA if it does not involve a discretionary action by a public agency, will not result in a direct or reasonably foreseeable indirect physical change in the environment, or does not meet the definition of a " project" under Section 15378 of the CEQA Guidelines. This Ordinance involves amending multiple code sections to ensure compliance with state legislation, streamline processes, and promote sustainable development practices. These amendments benefit residents and developers by providing more opportunities for housing and businesses, imposing limitations through proposed guidelines and regulations, and supporting public health, safety, and welfare. There is no possibility of significant environmental effects as the Ordinance only revises Land Use and Development Code provisions to enhance regulatory clarity and compliance and does not propose any specific development projects. The potential environmental impacts of the proposed revisions are insignificant since the amendments are primarily administrative and procedural. The changes align the City's regulations with recent state laws, correct ambiguities, and improve regulatory efficiency without substantial physical changes to the environment. The benefits, such as promoting affordable housing, enhancing public health and safety, and ensuring regulatory -40-
compliance, outweigh any minimal potential impacts. Staff will file a Notice of Exemption with the County Clerk of the Board once the City Council has made a determination. No further environmental review is required.

7. Based on the Findings and Conclusions set forth above, the Planning Commission recommends the City Council adopt a Notice of Exemption and direct Staff to file a Notice of Exemption with the County Clerk of the Board; Introduce an Ordinance to amend section 16. 44. 190 ( Accessory Dwelling Units) of Title 16 ( Land Use and Development Code) of the Highland Municipal Code as attached hereto and incorporated by reference as Exhibit A.

Exhibit A — Draft Administrative Ordinance No.

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 1st day of April 2025.

ATTEST:

Randall Hamerly, hairman L rence A. Mainez,
Planning Commis ion Community Development Director
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EXHIBIT " A"
Draft City Council (ADU) Ordinance to PC resolution No. 25- 007 -42-
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HIGHLAND, CALIFORNIA, AMENDING SECTION 16. 44. 190 ( ACCESSORY
DWELLING UNITS) OF TITLE 16 ( LAND USE AND DEVELOPMENT

CODE) OF THE HIGHLAND MUNICIPAL CODE TO UPDATE

REQUIREMENTS IN ACCORDANCE WITH STATE LAW, AND MAKE A

FINDING OF EXEMPTION UNDER THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT ( MUNICIPAL CODE AMENDMENT
MCA 24- 001)
THE CITY COUNCIL OF THE CITY OF HIGHLAND DOES ORDAIN AS FOLLOWS:

Section 1. Findings and Intent.

WHEREAS, Senate Bill 477, effective March 25, 2024, amended Accessory Dwelling Unit Law (" ADU Law") (formerly Government Code Sections 65852.2 and 65852. 22) now Chapter 13 of Division 1 of Title 7 of the Government Code), which reorganized ADU Law and has led to references to ADU Law in the Highland Municipal Code to be no longer applicable; and
WHEREAS, the State of California adopted amendments to Government Code Section 66313, 66314, and 66323, altogether known as Senate Bill 1211, effective January 1, 2025, which further amend standards and requirements for accessory dwelling units ADUs"); and
WHEREAS, portions of the City' s current regulations for ADUs and Junior ADUs JADUs") require amendment to remain consistent with State Law; and WHEREAS, on August 24, 2021, the City Council of the City of Highland adopted Ordinance No. 448 amending regulations pertaining to accessory dwelling units and junior accessory dwelling units and determining, based on findings, that ADUs in areas that have been designated as high fire severity zones could endanger the public health and safety; and
WHEREAS, the City's current regulations for ADUs and JADUs prohibit the construction of ADUs in high fire severity zones in the City; and
WHEREAS, Staff has studied the issue of whether there should continue to be a permanent ban on the construction of ADUs in high fire severity zones, or if certain health and safety regulations should be adopted to allow ADUs to be constructed in these areas under certain parameters. As a result of careful consideration by Staff working closely with the City' s Fire Marshal, and the City' s Battalion Chief, it was determined to be appropriate to continue to ban all construction of ADUs in high fire severity zones due to the concentration of housing tracts with units built near each other along the foothills of the National Forest. It was further determined appropriate to 11026- 0001\ 3089047v2. doc
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continue to ban ADUs in high fire severity zones because detached ADUs along the foothills will intrude into the rear setbacks (and others) and could result in impacts to the fuel modification zones, both designed to protect the residential neighborhoods from wildfires; and
WHEREAS, the City Council hereby determines that the construction of ADUs in areas that have been designated as high fire severity zones could endanger the public health and safety. These areas are prone to fires, and increasing the density in these areas can hinder the ability of the fire personnel to evacuate people quickly in event of a fire emergency; and
WHEREAS, on June 27, 2017, there was a 900- acre wildfire in Highland that forced the evacuation of about 200 residents. On July 12, 2017 there was a 33-acre fire that burned in the City. A few days later, on July 14, 2017, there was a 450- acre brush fire that burned around homes in the City. In the neighboring city of San Bernardino, there was a brush fire on October 21, 2019 that destroyed or damaged nine homes. On October 24, 2019, there was a wildfire in San Bernardino that burned 145 acres.

According to CalFire, 7, 860 fires were recorded to CalFire and the US Forest Service in 2019, an increase from the 7, 571 fires in 2018. In 2020, these figures increased again to 9,639 fire incidents. In September 2020, the El Dorado Fire occurred in Yucaipa where 22, 744 acres were burned, 10 structures were destroyed, and tragically, one firefighter died; and
WHEREAS, on September 5, 2024, the Line Fire broke out in Highland. The Line Fire caused conditions of extreme peril to the safety of persons and property within the City of Highland and resulted in fire damage and evacuations for parts of the City. On September 11, 2024, the City Manager declared a local emergency, which was ratified by the City Council on September 12, 2024 through the adoption of Resolution No. 2024-. The Line Fire burned a total of 43, 978 acres. The burn areas are now susceptible to mud and debris flow and possible landslides; and WHEREAS, in January 2025, a series of fourteen wildfires affected Los Angeles County and San Diego County, forcing over 200, 000 people to evacuate from their homes, destroying more than 18, 000 homes and structures and damaging countless others, and burning over 57,000 acres of land. The two largest fires during this time included the Eaton Fire in Altadena and the Palisades Fire in the Pacific Palisades. During this time, the Little Mountain Fire, located in San Bernardino County also burned 34 acres; and
WHEREAS, the City is prone to strong winds which help fuel brush fires and can create a dangerous situation, particularly if there is only one escape route from the fire and streets are blocked due to on -street parking during an evacuation event. Increasing the population in high fire severity zone areas could have devastating consequences if additional people must be quickly moved from the area in the event of an emergency.

According to most fuel modification and defensible space plans, there are generally areas where no combustible construction is to occur adjacent to development in the 2-
11026- 0001 \3089047v2. doc
-44-
high fire hazard severity zones. Should construction of an ADU ( or any combustible construction) occur in these areas, it will compromise the design of any fuel modification and defensible space plan; and
WHEREAS, in the years after a wildfire, areas left charred by flames and devoid of vegetation can render the soil non -permeable to rainwater and increase the likelihood of mudslides, debris flows, and flash floods due to the lack of rainfall absorption in the soil.

The California Governor' s Office of Emergency Services ( CalOES) warns that Californians who live on or below hillsides in general, but especially in areas impacted by wildfires, are at an increased risk of debris flow, or the fast-moving mass of materials such as slurries of water, rock, soil, vegetation, and even boulders and trees.

Construction of ADUs in high fire severity zones increases the residential density in areas prone to mudslides, debris flows, and flash floods thereby increasing the number of people at risk during such events; and
WHEREAS, the City Council further determines that the construction of ADUs in areas without appropriate sewer systems is detrimental to the local water quality, and public health and safety. ADUs proposed to be served by On -Site Wastewater Treatment Systems ( OWTS) ( e. g., septic systems) require review and approval from the local health officer per Government Code section 66314( d)( 9). In this case, the City' s local health officer is the County of San Bernardino Department of Public Health. The County' s approval process requires all proposed ( new) and modified septic systems in the City of Highland to be submitted to the State Water Quality Control Board for evaluation and approval. The extensive minimum standards and technical requirements also derived from the California Plumbing Code) for the treatment and disposal of sewage through the use of OWTS on small lots in established neighborhoods, when no connection to a sewer is available, conflicts with the state' s ADU legislation standards.

These conflicts include, but are not limited to, minimum lot size, setbacks from septic tanks and leach fields, and setback from structures and existing water service lines. For these reasons and others, the State Water Quality Control board is denying ADUs based on current statewide OWTS policy. Accordingly, this ordinance continues the City' s current practice of prohibiting the construction of ADUs in areas not serviced by sewer systems as it would be detrimental to the public health and safety; and WHEREAS, the City of Highland Planning Commission held a public hearing at the Highland City Hall Council Chambers in Highland, California, on April 1, 2025 at 6: 00 p. m., and, notice of said public hearings having been duly given as required by law and in accordance with the provisions of the Highland Municipal Code, heard and considered evidence for and against said Municipal Code Amendment, and investigated and made findings and recommendations in connection herewith. At the conclusion of the public hearing on April 1, 2025, the City of Highland Planning Commission adopted Resolution No. 25- recommending that the City Council adopt this Ordinance; and WHEREAS, the City Council, at a regular meeting, considered the Ordinance on 2025, at 6: 00 p. m., at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did 3-
11026- 0001 \3089047v2. doc
-45-
testify either in support or opposition to this matter. At the conclusion of the public hearing, the City Council closed the public hearing and considered the entire record of information received at the public hearings before the Planning Commission and City Council.

Section 2. Section 16.44. 180(Accessory Dwelling Units) of Chapter 16.44 (Specific Use Development Standards) of Title 16 ( Land Use and Development Code) of the Highland Municipal Code is hereby amended to read as follows, with additions shown in underlined text and deletions shown in strikethrough text:

16. 44. 180 Accessory dwelling units and junior accessory dwelling units.

A. Intent. This section is intended to provide reasonable regulations for the development of accessory dwelling units (" ADUs") and junior ADUs (" JADUs") in certain residential areas on lots developed or proposed to be developed concurrently with single-family residential or multifamily residential dwellings in compliance with state law regarding ADUs and JADUs ( Chapter 13 of Division 1 of Title 7 of the Government Code). ADUs and JADUs contribute needed housing to the community' s housing stock and are intended to provide livable housing at lower cost while providing greater security, companionship and family support for the occupants. In addition, the regulations in this section are intended to ensure that ADUs and JADUs located in residential districts do not adversely impact adjacent residential parcels or the surrounding neighborhood, have access to adequate water and sewer services, will have limited impacts on traffic flow and public safety, and are developed in a manner which protects the integrity of the residential district, while providing for needed housing opportunities for owners of eligible parcels. Moreover, the regulations are intended to ensure that ADUs are not constructed in high fire severity zones as this poses a great risk to the public health and safety in the event of a fire and the need to quickly evacuate residents.

B. Definitions. The following words shall have the meanings set forth below, unless the context otherwise permits or requires:

1. " Accessory dwelling unit" or " ADU" has the meaning ascribed in Government Code Section 66313(a), as the same may be amended from time to time.

2. Attached ADU means an ADU that is constructed as a physical expansion i. e., addition) of the primary dwelling and shares a common wall with the primary dwelling.

3. " Detached ADU" means an ADU that is constructed as a separate structure from the primary dwelling, which does not share any walls with the primary dwelling.

R
11026- 0001 \ 3089047v2. doc
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4. " Existing structure" means an existing single- family dwelling, multifamily dwelling, or other accessory structure that can be safely converted into habitable space under the California Building Standards Code, as amended by the city, and other applicable law.

5. Junior accessory dwelling unit" or " JADU" has the meaning ascribed in Government Code Section 66313( d), as the same may be amended from time to time.

6. " Primary dwelling" means the existing or proposed single- family dwelling or multifamily dwelling on the lot where an ADU would be located.

7. " Public transit" has the meaning ascribed in Government Code Section 66313( m), as the same may be amended from time to time.

C. General Requirements and Application Procedure.

An application for an ADU or JADU shall be considered ministerially, without discretionary review or a hearing, pursuant to either " planning review" or a streamlined " building permit only" review. The city shall act on the application within 60 days from the date the city receives a completed application if there is an existing single- family dwelling or multifamily dwelling on the lot. If the application to create an ADU or JADU is submitted with a permit application to create a new single-family dwelling on the lot, the city may delay acting on the application for the ADU or JADU until the city acts on the permit application to create the new single-family dwelling, but the application to create the ADU or JADU shall still be considered ministerially without discretionary review or public hearing under either the planning review or building permit only review. If the applicant requests a delay, the 60- day time period shall be tolled for the period of the delay. Table

16. 44. 180 summarizes the level of ministerial review required for various types of ADUs.

Table 16.44. 180 - Ministerial ADU Review
Applications Subject to " Planning Applications Subject to " Building Review" ( See HMC 16. 44. 180( D)) Permit Only" Review ( See HMC

16. 44. 180( E))
Any application for an ADU that is not One ADU within the space of an existing eligible for "building permit only" review. or proposed single-family dwelling or an accessory structure. The ADU may
expand the physical dimensions of an
existing accessory structure by not more
than 150 square feet to allow for ingress
and egress. The space must have
5-
11026- 0001\ 3089047v2. doc
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exterior access from the proposed or
existing single- family dwelling. The rear
and side yard setbacks must be sufficient
for fire and safety. A JADU that meets the requirements of Article 3 ( commencing with Section
66333) of Chapter 13 of Division1 of Title
7 of the Government Code.

One detached, new construction ADU,
so long as the ADU does not exceed four -
foot side and rear yard setbacks fora lot
witha proposed or existing single- family
dwelling unit, a total floor area of 800
square feet, anda height of 16 or 18 feet
as provided in Government Code Section
66321( b)( 4)( A)-( C), as applicable.

Multiple ADUs within the portions of an
existing multifamily dwelling, in spaces
not used as living space. Examples
include conversion of storage rooms,
boiler rooms, passageways, attics,
basements, and garages. Each ADU
must comply with state building standards
for dwellings.

The number of ADUs that may be created
withina multifamily dwelling is equal to 25
percent of the number of existing
multifamily dwelling units, or one ADU,
whichever is greater.

Not more than eight detached ADUs on
a lot with an existing multifamily dwelling;
however, the number of ADUs cannot
exceed the number of existing units on
the lot. The ADUs are subject toa 16 or
18-foot height limit as provided in
Government Code Section
66321( b)( 4)( A)-(C), as applicable, and
must maintain at leasta four -foot rear and
side yard setback, unless the existing
multi -family dwelling hasa rear or side
setback of less than four feet
Not more than two detached ADUs ona
lot witha proposed multifamily dwelling.

The ADUs are subject toa 16 or 18-foot
height limit as provided in Government
Code Section 66321b4 A - C , as
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applicable, and must maintain at least a
four -foot rear and side yard setback.

2. All ADUs and JADUs shall satisfy the requirements of the California Building Standards Code, as amended by the city.

3. In accordance with state law, ADUs are an accessory use or an accessory structure to the primary dwelling on the lot. ADUs shall not be considered to exceed the allowable density for the lot.

4. The application for the planning review ADU or building permit only ADU or JADU must be signed by the owner( s) of the parcel of land.

D. Planning Review ADUs. Except as otherwise set forth in subsection E of this section regarding building permit only ADUs ( Government Code Section 66323 ADUs and JADUs), the city shall not approve an application for a new ADU unless the ADU satisfies all of the standards below. An application for a new ADU that satisfies each of the below standards shall be approved by the director of community development, or designee, following a ministerial review for compliance. ADUs approved pursuant to " planning review" shall comply with the following standards, unless state law mandates that different standards shall apply, in which case the mandated state law standards shall apply:

Location Restrictions. One ADU shall be allowed on a lot with a proposed or existing primary dwelling that is zoned residential, except as otherwise set forth herein. To protect the public health and safety, no ADUs shall be constructed in an area designated as a high fire severity zone, or in an area without adequate sewer systems ( i. e., on septic tank system).

2. Development Standards.
a. Size Restrictions. The total floor area of an attached ADU to an existing primary dwelling shall not exceed fifty percent of the gross floor area for the primary dwelling, except where such standard would prevent construction of an ADU of 850 square feet or 1, 000 square feet for an ADU that provides more than one bedroom. The total floor area of an attached ADU or detached ADU that has two or more bedrooms shall not exceed 1, 200 square feet. In no case shall an ADU be a smaller size than an " efficiency unit" as defined in Section 17958. 1 of Health and Safety Code.
b. Height Restrictions. A detached or attached ADU shall not exceed the height limit established for the district in which it is located, the height of the primary dwelling, or the applicable height in Government Code Section 66321( b)( 4)( A)-(D), whichever is greatest.
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c. Setback. No setback shall be required for an ADU that is within an existing structure or within a structure constructed in the same location and that has the same dimensions as an existing structure.

For all other ADUs, the required setback from side and rear lot lines shall be four feet. ADUs shall comply with the front yard setbacks otherwise required by the Highland Municipal Code, except where the application of the front yard setbacks would not permit construction of an 800- square- foot ADU.
d. Lot Coverage. An ADU shall conform to all lot coverage requirements applicable to the zoning district in which the property is located, except where the application of the lot coverage regulations would not permit construction of an 800- square-foot ADU with four -foot side and rear yard setbacks.
e. Historic Resources. An ADU that has the potential to adversely impact any historical resource listed on the California Register of Historic Resources shall be designed and constructed in accordance with the " Secretary of the Interior' s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings" found at Section

68. 3 of Title 36 of the Code of Federal Regulations, as amended from time to time.

3. Design and Features.
a. Design. The ADU shall have the same colors and materials of the primary dwelling, and shall comply with any objective design standards adopted by the city that are applicable to the zoning district, specific plan area, or planned unit development where the ADU is located.
b. Fire Sprinklers. ADUs are required to provide fire sprinklers if they are required for the primary dwelling, or as required under the existing California Residential Code. The construction of an ADU shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
c. Entrance. An attached ADU shall have a separate exterior entrance from the primary dwelling.

4. Covenant Required. The property owner shall record a declaration of restrictions, in a form approved by the city attorney, placing the following restrictions on the property, the property owner, and all successors in interest: ( a) the ADU is to be rented only for terms of 31 days or longer.

In
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Proof of recordation of the covenant shall be provided to the city prior to the issuance of a certificate of occupancy for the ADU.

5. Transfer. An ADU shall not be sold, transferred, or assigned separately from the primary dwelling, except when the ADU is constructed by a qualified nonprofit corporation pursuant to Government Code Section 66341. In such cases, the ADU may be separately sold to an eligible low- income buyer as defined by state law. Otherwise, the ADU may be rented, but shall not be used for short-term rentals for less than 31 consecutive days.

6. Parking Requirements.
a. In addition to the off-street parking space( s) required for the primary dwelling, one off-street parking space shall be provided for each ADU, except when:
i. The ADU is located within one- half mile walking distance of public transit;
ii. The ADU is located within an architecturally and historically significant historic district;
iii. The ADU is part of a proposed or existing primary dwelling or accessory structure;
iv. The ADU is located in an area where on -street parking permits are required but not offered to an ADU occupant; or
V. The ADU is located within one block of a city -approved and dedicated parking space for a car share vehicle.
b. Off-street parking shall be permitted in setback areas in locations determined by the planning division or through tandem parking. c. When the ADU is created by converting or demolishing a garage, carport, covered parking structure, or uncovered parking space, replacement of parking space( s) eliminated by the construction of the ADU shall not be required as long as the ADU remains in use as a legal ADU.

7. Permits Required. Except as otherwise required herein, all construction, structural alterations or additions made to create an ADU shall comply with current development standards and building, electrical, fire and plumbing codes. The applicant shall obtain a building permit and any other applicable construction permits prior to the construction of the ADU.

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E. Building Permit ADUs.

An applicant shall not be required to submit an application for an ADU or JADU permit under this section, and may instead seek building permit approval for an ADU and/ or JADU that satisfies the requirements of Government Code Section 66323, as the same may be amended from time to time, and the California Building Standards Code, as amended by the city.

2. In addition to obtaining a building permit under this process, the applicant shall be required to obtain all other applicable construction permits prior to the construction of the ADU or JADU.

3. An ADU or JADU approved by a building permit only process shall be rented only for terms of 31 days or longer.

4. The property owner shall record a
declaration of restrictions, in a form
approved by the city attorney, placing the following restrictions on the property, the property owner, and all successors in interest: ( a) the ADU or JADU is to be rented only for terms of 31 days or longer; ( b) the ADU or JADU is not to be sold or conveyed separately from the primary dwelling, except as permitted by Government Code Section 66341; and ( c) if there is a JADU on the property, either the JADU or single-family residence shall be occupied by the owner of record, unless the owner is a governmental agency, land trust, or housing organization, and the JADU shall be restricted in size and attributes pursuant to Article 3 of Chapter 13 of Division 1 of Title 7 of the Government Code as set forth in subsection ( E)( 6) of this section.

Proof of recordation of the covenant shall be provided to the city before a certificate of occupancy may be issued for the ADU and/ or JADU.

5. Pursuant to Government Code Section 66323, the city shall ministerially approve an application for a building permit within a residential or mixed - use zone to create any of the following:
a. One ADU and one JADU per lot with a proposed or existing singlefamily dwelling if all of the following apply:

The ADU or JADU is within the proposed space of a singlefamily dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical
dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.
11026- 0001\ 3089047v2. doc
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The space has exterior access from the proposed or existing single-family dwelling.
iii. The side and rear setbacks are sufficient for fire and safety. iv. The JADU complies with the requirements of Article 3 commencing with Section 66333) of Chapter 13 of Division 1 of Title 7 of the Government Code as set forth in subsection E)( 6) of this section.
b. One detached, new construction ADU that does not exceed four -foot side and rear yard setbacks for a lot with a proposed or existing single- family dwelling. The detached ADU may be combined with a JADU described in subsection ( E)( 5)( a) of this section. The ADU shall be no more than 800 square feet in size, with a height limit as provided in Government Code Section 66321( b)( 4)( A)-( C). c. At least one ADU within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, spaces for living, sleeping, eating, cooking, and sanitation, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. If requested, multiple ADUs shall be allowed, up to the number of ADUs that equals 25 percent of the existing multifamily dwelling units in the structure.
d. Not more than eight detached ADUs that are located on a lot that has an existing multifamily dwelling, subject to a height limit as provided in Government Code Section 66321( b)( 4)( A)-( C), and four -foot rear and side yard setbacks except where the existing multiple family dwelling has a rear or side setback of less than four feet. However, the number of ADUs shall not exceed the number of existing units on the lot.
e. Not more than two detached ADUs on a lot with a proposed multifamily dwelling, subject to a height limit as provided in Government Code Section 66321( b)( 4)( A)-(C) and four -feet rear and side yard setbacks.

6. In accordance with the standards set forth in Article 3 ( commencing with Section 66333) of Chapter 13 of Division 1 of Title 7 of the Government Code, JADUs shall comply with the following requirements, unless state law is amended to set forth different standards, in which case state law standards will govern:
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a. A JADU shall be a minimum of 150 square feet and a maximum of 500 square feet of gross floor area. The gross floor area of a shared sanitation facility shall not be included in the maximum gross floor area of a JADU.
b. A JADU must be contained entirely within the walls of the existing or proposed single-family dwelling. Enclosed uses within the residence such as attached garages shall be considered within the walls of the existing or proposed single-family dwelling.
c. A separate exterior entry from the main entrance to the single-family dwelling shall be provided to serve the JADU.
d. A JADU may include separate sanitation facilities, or may share sanitation facilities with the existing single-family dwelling. If the JADU does not include separate sanitation facilities, the JADU shall include a separate entrance from the main entrance to the structure, with an interior entry to the main living area.
e. A JADU shall include an efficiency kitchen, which shall consist of a cooking facility with appliances and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU.
f. No additional parking is required for a JADU.
g. One JADU is permitted per lot zoned for single- family residences with a proposed or existing single-family residence on the lot. h. Unless state law is amended, the JADU or the single- family residence shall be occupied by the owner of record, except where the owner is another governmental agency, land trust, or housing organization.

F. Fees and Utility Connections. ADUs and JADUs that are processed under either the planning review ADU process set forth in subsection D of this section or through the building permit only ADU process set forth in subsection E of this section, shall comply with the following:

1. ADUs and JADUs shall have adequate water and sewer services. These services may be provided from the water and sewer points of connection for the primary dwelling and need not be a separate set of services, unless the local water and sewer service provider requires a new or separate utility connection directly between the ADU and the utility if the ADU is constructed concurrently with a new single- family residence. 12-
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2. The owner of an ADU shall be subject to the payment of all sewer, water and other applicable fees, including impact fees set forth in Government Code Section 66000 et seq., except as specifically provided in California Government Code Sections 66324 and 66332( e).

3. Prior to receiving a building permit, the owner of an ADU must submit letters of service availability for water and sewer disposal to the building official.

Section 3. Environmental Review. The City Council hereby finds that this Ordinance is exempt from the requirements of the California Environmental Quality Act (" CEQX) pursuant to CEQA Guidelines Section 15282( h) which creates a statutory exemption for the adoption of an ordinance regarding second units in a single-family or multifamily residential zone by a city to implement the provisions of Article 2 ( commencing with Section 66314) or Article 3 ( commencing with Section 66333) of Chapter 13 of Division 1 of Title 7 of the Government Code as set forth in Section 21080. 17 of the Public Resources Code. In addition, the City Council finds that the Ordinance is exempt from further environmental review pursuant to CEQA Guidelines Section 15061( b)( 3) because it can be seen with certainty that there is no possibility that amendments to the City' s ADU and JADU regulations in accordance with State Law will have a significant effect on the environment.

Section 4. Submission of Ordinance to HCD In compliance with Government Code Section 66326 the Community Development Director is hereby directed to submit a copy of this Ordinance to the Department of Housing and Community Development within 60 days after adoption.

Section 6. Certification The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law.

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

Section 8. Effective Date. This Ordinance shall take effect thirty ( 30) days after passage.

PASSED, APPROVED, AN ADOPTED this day of 2025.

Penny Lilburn, Mayor
ATTEST:
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Alondra Munoz, City Clerk
APPROVED AS TO FORM:

Maricela E. Marroquin , City Attorney
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STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF HIGHLAND )
I, Camille Duarte, Administrative Assistant III of the City of Highland, California, do hereby certify Resolution No. 2025-007 was duly and regularly adopted by the Planning Commission of the City of Highland, California, at a regular meeting thereof held on the 1st day of April 2025, by the following vote:

AYES: Hamerly, McCance, Miller, Thomas
NOES: None
ABSTAIN: None
ABSENT: None
Camille Duarte, Administrative Assistant III
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ATTACHMENT 3
Draft Ordinance No.
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ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HIGHLAND, CALIFORNIA, AMENDING TITLE 5 ( BUSINESS LICENSES AND
REGULATIONS), TITLE 8 ( HEALTH AND SAFETY), AND TITLE 16

LAND USE AND DEVELOPMENT CODE) OF THE HIGHLAND

MUNICIPAL CODE TO UPDATE DEFINITIONS, AMEND HEIGHT

STANDARDS, REVISE DESIGN REVIEW PROCESSES, UPDATE

REGULATIONS FOR NON -CONFORMING PARCELS, USES AND

STRUCTURES, UPDATE PROVISIONS FOR ACCESSORY

STRUCTURES, DWELLING UNITS, AND ACCESSORY DWELLING

UNITS, AMEND BUSINESS PARK BUILDING HEIGHT STANDARDS,

MODIFY DEVELOPMENT DENSITY REQUIREMENTS, AND

ESTABLISH SINGLE ROOM OCCUPANCY HOUSING STANDARDS,
AND ( 1) ADD LOW -BARRIER NAVIGATION CENTERS AS PERMITTED

USES IN THE MIXED USE ( MU) ZONE AND IN THE PLANNED
DEVELOPMENT ( PD) ZONE, ( 2) SINGLE ROOM OCCUPANCIES AS A CONDITIONALLY PERMITTED USE IN THE A/ EQ, R- 1, R2, R- 3, HDS AND VR ZONES, ( 3) RESIDENTIAL CARE FACILITIES SERVING SIX OR FEWER AS A PERMITTED USE IN THE A/ EQ, R- 1, VR, AND EHV

ZONES AND AS PERMITTED USE WITH A STAFF REVIEW PERMIT IN R- 2 AND R- 2C ZONES, ( 4) RESIDENTIAL CARE FACILITIES SERVING

SEVEN OR MORE AS A PERMITTED USE IN THE EHV ZONE AND
CONDITIONALLY PERMITTED USE IN THE A/ EQ, R- 1, VR, AND R- 2C ZONES, ( 5) UNLICENSED GROUP HOMES AS A PERMITTED USE IN THE A/ EQ, R- 1, VR AND EHV ZONES AND AS A PERMITTED USE WITH A STAFF REVIEW PERMIT IN THE R- 2C, AND R- 2 ZONES, AND ( 6) CHILD CARE FACILITIES SERVING 14 OR FEWER CHILDREN AS A

PERMITTED USE IN ALL RESIDENTIAL ZONES, AND MAKE A FINDING

OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT ( MUNICIPAL CODE AMENDMENT MCA 24- 001)
THE CITY COUNCIL OF THE CITY OF HIGHLAND DOES ORDAIN AS FOLLOWS:

Section 1. Findings and Intent.

WHEREAS, the Highland City Council adopted Resolution No. 2023- 035 approving the City' s 6th Cycle 2021- 2029 Housing Element and related CEQA Documents. The Housing Element includes a number of programs and policies and timeframes for the implementation of those programs and policies;
WHEREAS, the California Department of Housing and Community Development ( HCD) certified the City' s 6th Cycle 2021- 2029 Housing Element; -59-
WHEREAS, the proposed amendments support the implementation of the Housing Element by promoting the development of affordable housing, incentivizing lot consolidation, and updating regulations for accessory dwelling units, density bonuses, and group homes and residential care facilities;
WHEREAS, the existing Chapters 5, 8, and 16 of the Municipal Code sections contain outdated guidelines, regulations, standards, and permitted land uses that need to be revised to ensure compliance with current state legislation and to address the City' s housing and development goals
WHEREAS, staff has re- evaluated Chapters 5, 8, and 16 of the Municipal Code and proposed modifications that will enhance the regulatory framework, streamline processes, promote sustainable development, and protect the public health, safety, and welfare of the community (" Municipal Code Amendment"); WHEREAS, the City of Highland Planning Commission held a duly noticed public hearing at the Highland City Hall Council Chambers in Highland, California, on April 1, 2025 at 6: 00 P. M., and, notice of said public hearings having been duly given as required by law and in accordance with the provisions of the Highland Municipal Code, heard and considered evidence for and against said Municipal Code Amendment, and investigated and made findings and recommendations in connection herewith. At the conclusion of the public hearing on April 1, 2025, the City of Highland Planning Commission adopted Resolution No. 25- 006 recommending that the City Council adopt this Ordinance; and WHEREAS, the City of Highland City Council held a public hearing at the Highland City Hall Council Chambers in Highland, California, on May 13, 2025 at 6: 00 P. M., and, notice of said public hearings having been duly given as required by law and in accordance with the provisions of the Highland Municipal Code, heard and considered evidence for and against said Municipal Code Amendment, and investigated and made findings and recommendations in connection herewith. At the conclusion of the public hearing, the City of Highland City Council closed the public hearing.

WHEREAS, the City Council has found and determined as follows:

1. That the proposed changes to the Development Code, as set forth herein, are consistent with the goals, objectives, policies, and programs of the City of Highland General Plan, and are necessary and desirable to implement the provisions of the General Plan.

The proposed Municipal Code amendments to the Land Use and Development Code are consistent with the General Plan' s goals, objectives, policies, and programs, and are necessary to implement its provisions. The amendments implement key strategies from the 2021- 2029 6t" Cycle Housing Element, including the removal of barriers to fair housing through elimination of the Crime2 -60-
Free Rental Housing Ordinance ( Program 2), consistency with state density bonus law (Program 6). The updates also facilitate housing for special needs populations through by -right provisions for supportive housing and emergency shelters Program 19), authorize Low -Barrier Navigation Centers ( Program 27), streamline approval processes for qualifying affordable housing developments ( Program 28), and establish objective design standards to increase development certainty and transparency ( Program 29).

These updates ensure compliance with recent state legislation, support development goals, clarify definitions, correct ambiguities, and streamline processes. Additionally, they facilitate the implementation of the Housing Element, ensuring the City meets its housing needs under state law. By aligning with state legislation and current development needs, these amendments ensure the City' s regulations are clear, effective, and promote sustainable growth, making them essential for the General Plan' s implementation.

2. That the proposed changes to the Land Use and Development Code, as forth herein, will not adversely affect the public health, safety, and general welfare or result in an illogical land use pattern.

The proposed Municipal Code amendments to Title 5 ( Business Licenses and Regulations), Title 8 ( Health and Safety), and Title 16 ( Land Use and Development) will not negatively impact public health, safety, or welfare, nor will they create an illogical land use pattern. These carefully designed changes aim to enhance the regulatory framework, ensure public health and safety, and promote logical, sustainable land use patterns. Additionally, the amendments incorporate state -mandated changes, ensuring compliance with recent State legislation.

Consequently, the amendments will provide clear, and efficient regulations that benefit the entire City, fostering a well- balanced and thriving community.

3. The proposed revision is consistent with the purpose and intent of the remainder of this title not under consideration.

The proposed amendments to Title 5 ( Business Licenses and Regulations), Title 8 ( Health and Safety), and Title 16 ( Land Use and Development) are consistent with the purpose and intent of the existing Land Use and Development Code.

These amendments align with the overall goals of the Code, supporting sustainable development, public health, safety, and welfare. By updating definitions, correcting ambiguities, streamlining processes, and incorporating state -mandated changes, they enhance the regulatory framework without disrupting the foundational principles. Therefore, the changes maintain consistency with the broader Municipal Code, ensuring a coherent and comprehensive approach to city planning and development.

4. The potential environmental impacts of the proposed change of zone or revision are insignificant or there are overriding considerations which outweigh the potential impacts. 3 -61-
The adoption of this Ordinance is exempt from the California Environmental Quality Act ( CEQA) under the General Rule ( 14 C. C. R. Section 15061( b)( 3)), which applies only to projects with the potential for significant environmental effects. This Ordinance involves amending multiple code sections to ensure compliance with state legislation, streamline processes, and promote sustainable development practices. These amendments benefit residents and developers by providing more opportunities for housing and businesses, imposing limitations through proposed guidelines and regulations, and supporting public health, safety, and welfare.

There is no possibility of significant environmental effects as the Ordinance only revises Land Use and Development Code provisions to enhance regulatory clarity and compliance and does not propose any specific development projects. The potential environmental impacts of the proposed revisions are insignificant since the amendments are primarily administrative and procedural. The changes align the City' s regulations with recent state laws, correct ambiguities, and improve regulatory efficiency without substantial physical changes to the environment. The benefits, such as promoting affordable housing, enhancing public health and safety, and ensuring regulatory compliance, outweigh any minimal potential impacts.

SECTION 2. Section 5. 34. 020, Special business license provisions — Crime free Multiple - Family Rental -Housing Program, of Chapter 5. 34, Multiple -Family and Other Rental Units, of Title 5, Business Licenses and Regulations, of the Highland Municipal Code is hereby deleted in its entirety.

SECTION 3. Chapter 8. 36, Heritage Trees of Title 8, Health and Safety, of the Highland Municipal Code is hereby deleted in its entirety.

SECTION 4. Section 16. 06. 120, L Definitions, of Chapter 16. 06, Definitions, of Title 16, Land Use and Development Code, of the Highland Municipal Code is hereby amended to add a new definition for " Low -Barrier Navigation Center" to read as follows, with all other provisions of Section 16. 06. 120 remaining unchanged:

Low -Barrier Navigation Center" means a Housing First, low barrier, service -enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. A Low Barrier Navigation Center may be non -congregate and relocatable. " Low Barrier" means best practices to reduce barriers to entry, and may include, but is not limited to, the following:
1) The presence of partners if it is not a population -specific site, such as for survivors of domestic violence or sexual assault, women, or youth. 2) Pets.
3) The storage of possessions.
4) Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms."
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SECTION 5. Section 16. 06. 040, D Definitions, of Chapter 16. 06, Definitions, of Title 16, Land Use and Development Code, of the Highland Municipal Code is hereby amended to amend the definition of "Day care facility" as follows, with additions shown in bold text and deletions shown in strikethrough text, with all other provisions of Section 16. 06. 040 remaining unchanged:

Day care facility" means a facility which provides nonmedical care to children under 18 years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24- hour basis. Day care facility includes family day care homes, infant centers, preschools, and extended day care facilities. A "family care home" is a day care facility located in a residence which regularly provides care, protection and supervision of 4214 or fewer children from more than one other family, in the provider' s own home, for periods of less than 24 hours per day, while the parent or guardians are away, and includes the following:

1. " Large family day care home" are those which provide family day care to sevennine to 42-14 children, inclusive, including children who reside at the home.

2. " Small family day care home" are those which provide family day care to s+xeight or fewer children, including children who reside at the home." SECTION 6. Section 16. 06. 180, R Definitions, of Chapter 16. 06, Definitions, of Title 16, Land Use and Development Code, of the Highland Municipal Code is hereby amended to amend the definition of " Residential care facility" to read as follows, with additions shown in bold text and deletions shown in strikethrough text, with all other provisions of Section 16. 06. 180 remaining unchanged:

Residential Care Facility" means any state -authorized, certified, or licensed facility, place, or building that is maintained and operated to provide nonmedical residential care, day treatment, therapeutic or rehabilitative care, adult day care, residential care for the elderly, transitional housing placement, alcoholism or drug abuse recovery or treatment facilities, or foster family agency services for children or adults. This includes care for individuals with physical disabilities, mental impairments, developmental disabilities, R
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substance recovery needs, and other vulnerable populations, as defined in the California Community Care Facilities Act (Health and Safety Code Sections 1500 et seq.). A residential care facility can also include a self-help group home that is not licensed by the State.

1. Residential Care Facilities Serving Six or Fewer Residents ( Licensed Group Home) - These facilities are considered equivalent to single- family residences and are permitted by right in all single-family residential zones, subject only to the general residential standards applicable to single- family homes.

2. Residential Care Facilities Serving Seven or More Residents ( Licensed Group Home) - Facilities serving seven or more residents are permitted in designated residential zones, subject to discretionary review and approval.

This review may include public hearings and additional criteria to ensure compatibility with surrounding land uses, in accordance with local zoning standards. Reasonable accommodations will still be available as needed to support compliance with fair housing laws and the needs of residents.

3. Unlicensed Group Homes ( Non -licensable Services) - means any residential facility that is not licensed by the State, which, by State law, is required to be treated as a residential use of property. When serving six or fewer persons, unlicensed group homes may only be established in conjunction with a single-family dwelling."
SECTION 7. Section 16. 06. 190, S Definitions, of Chapter 16. 06, Definitions, of Title 16, Land Use and Development Code, of the Highland Municipal Code is hereby amended to add a definition for "Single Room Occupancy ( SRO) Unit" to read as follows, with all other provisions of Section 16. 06. 190 remaining unchanged. - Single Room Occupancy ( SRO) Unit" shall have the same definition as " Efficiency Unit" as defined by California Health and Safety Code section 17958. 1." SECTION 8. Subsection B of Section 16. 08. 090, Design Review, of Chapter 16. 08, Permits and Approvals, of Title 16, Land Use and Development Code, of the Highland Municipal Code is hereby amended to read as follows, with additions shown in bold text and deletions shown in strikethrough text, with all other provisions of Section 16. 08. 090 remaining unchanged:

B. Projects Requiring Design Review. Except as otherwise required by State law, an An application for design review by the planning commission is required for all commercial, industrial, institutional, and residential projects of fGuFfive or more dwelling units involving the issuance of a building permit for construction or reconstruction of a structure which meets the following criteria:

1. New construction on vacant property;
6 -64-

2. Structural additions which are equal to 50 percent or more of the floor area of existing on -site buildings;

3. Reconstruction projects which are equal to 50 percent or more of the floor area of existing buildings,

4. Signs as required by the sign regulations, Chapter 16. 56 HMC;

5. Projects involving a substantial change or intensification of land use, such as the conversion of an existing residential structure to an office or commercial use;

6. Outdoor storage areas;

7. Landscape plans for projects requiring design review; or

8. Major public works projects, as feasible."
SECTION 9. Subsection C of Section 16. 08. 090, Design Review, of Chapter 16. 08, Permits and Approvals, of Title 16, Land Use and Development Code, of the Highland Municipal Code is hereby amended to read as follows, with additions shown in bold text and deletions shown in strikethrough text, with all other provisions of Section 16. 08. 090 remaining unchanged:

C. Projects Requiring Minor Design Review.

1. Except as otherwise required by State law, an AR application for minor design review is required for residential projects with t# reefour or fewer dwelling units, and commercial, industrial and institutional projects not subject to design review which involve the issuance of a building permit for construction or reconstruction of a structure which meets one or more of the following criteria:
a. Structural additions which do not result in an increase of more than 50 percent of the floor area of the existing building;
b. The construction and/ or placement of silos, satellite dishes, antennas, private water tanks, roof- or ground -mounted equipment visible from the public street or similar structures and equipment on existing developed properties as determined by the community development director;
c. Signs as required by Chapter 16. 56 HMC;
d. Residential construction involving three or fewer dwelling units, or e. Landscape plans for projects requiring minor design review. -65-

2. The community development director may determine that any minor design review requires review by the planning commission."
SECTION 10. Section 16. 08. 100, Large Family Day Care Permit, of Chapter 16. 08, Permits and Approvals, of Title 16, Land Use and Development Code, of the Highland Municipal Code is hereby deleted in its entirety.

SECTION 11. Subsections D and E of Section 16. 08. 150, Nonconforming Parcels, Uses and Structures, of Chapter 16. 08, Permits and Approvals, of Title 16, Land Use and Development, of the Highland Municipal Code are hereby amended to read as follows, with additions shown in bold text with deletions shown in strikethrough text, with all other provisions of Section 16. 08. 150 remaining unchanged:

D. Continuation and Maintenance.

1. Any nonconforming structure or use may be continued and maintained for the periods of time hereinafter set forth; provided, that there are no structural alterations, except as hereinafter provided:
a. Agricultural crops shall not be subject to the provisions of this section; b. Agricultural uses that involve permanent structures shall be subject to the provisions of this section; however, such uses shall be permitted to make any changes or improvements that are required by any state law or local ordinance, including structural alterations that are necessary as a part thereof.

2. Any structure for which a building permit has been legally issued, and on which substantial construction has been performed in reliance thereon on the site before an amendment to the regulation or ordinance making the use or structure nonconforming, may be continued in accordance with the plans and specifications upon which the permit was issued, subject to the limitations of this section.

3. A property containing a legally established structure that does not conform with applicable development standards for front yards, side yards, rear yards, height, floor area of structures, or open space for the district in which the property is located shall be deemed to be a nonconforming structure, and may be used and maintained as provided herein.

4. A legally established sign or display which does not conform with applicable standards ( see Chapter 16. 56 HMC) may be used and maintained until the associated use or structure is discontinued. Off -site advertising or displays may be used and maintained as provided in HMC 16. 56. 190.

5. Routine maintenance and repairs may be performed on a nonconforming use, structure, or sign. However, maintenance and repairs shall not be of a nature to extend the normal life of the use, structure or sign.
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6. Any legal nonconforming single-family residential structure which does not conform to current enclosed parking standards may construct a one ( 1) car garage or carport, provided that the property owner demonstrates that the physical limitations of the site prohibits full conformance to the Development Code standard of a two ( 2) car enclosed garage. Said physical limitations shall consist of any construction which would encroach upon a required front, side, street side or rear yard setback area, or the location of the existing structure( s) on site, that were legally constructed with appropriate building permit, which because of their location do not permit sufficient physical space between the structure(s) and any property where a garage, attached or detached, in conformance to the Development Code standards, could be constructed. All individual parking spaces shall conform to the Code' s minimum size standards. The carport or garage shall follow the development standards of the R- 1 ( Single -Family) Zoning District." E. Alterations and Enlargements of Nonconforming Uses and Structures.

1. A nonconforming use, other than those residential units or associated accessory structures listed in the exemption in subsection B of this section, shall not be moved or altered unless required by law, or unless the moving or alteration will result in the elimination of the nonconformity, except as permitted in this chapter.

2. A nonconforming use shall not be enlarged or extended in such a way as to occupy any part of the structure or site or another structure or site which it did not occupy at the time it became a nonconforming use, or in such a way as to displace any conforming use occupying a structure or site, except as permitted in this chapter. There is an exemption, however, for the residential units or associated accessory structures listed in the exemption in subsection B of this section, which may be enlarged or extended by up to 25 percent, as measured by total floor area before and after the enlargement or extension.

3. A nonconforming structure shall not be altered or reconstructed so as to increase the discrepancy between existing conditions and the standards for front yards, side yards, rear yards, height of structures, distances between structures, or usable open space prescribed in the regulations for the zone in which the structure is located. There is an exemption, however, for the residential units or associated accessory structures listed in the exemption in subsection B of this section, which, when enlarged by the allowable 25 percent, may encroach into the permitted setbacks in alignment with the existing structures, subject to compliance with the latest adopted California Building Code."
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SECTION 12. Subsection B of Section 16. 12. 010, Planned Development District, of Chapter 16. 12, Special Districts, of Title 16 Land Use and Development Code of the Highland Municipal Code is hereby amended to read as follows, with additions shown in bold text, with all other provisions of Section 16. 12. 010 remaining unchanged:

B. Use Regulations.

1. Uses within a Planned Development District shall be established by a conditional use permit, planned development, or a development plan approved for the site, as determined by the community development director.

2. Uses established by the development plan shall be consistent with the text and land use map of the general plan and any applicable planned development or specific plan for the project site.

3. Prior to the approval of a district change to " Planned Development," the conditions of approval for the conditional use permit or development plan, approved in accordance with the provisions of this chapter and Chapter 16. 08 HMC, shall establish the permitted and the conditionally permitted primary and accessory uses for the planned development project.

4. Sexually oriented business shall be permitted subject to provisions of Chapter

16. 72 HMC.

5. Accessory dwelling units and junior accessory dwelling units are permitted if they comply with the provisions of HMC 16.44. 180.

6. Low -Barrier Navigation Centers are permitted with a conditional use permit."
SECTION 13. Subsections A, B and C of Table 16. 16. 030, Uses Permitted Within Residential Districts, of Section 16. 16. 030, Use Regulations for Residential Districts, of Chapter 16. 16, Residential Districts, of Title 16, Land Use and Development, of the Highland Municipal Code are hereby amended to read as follows, with additions shown in bold text and deletions shown in strikethrough text, with all other provisions of Section

16. 16. 030 remaining unchanged:

A/EQ R- 1 R- 2 R- 3 R- 4 HDS VR R- 2C EHV
A. Residential Uses

1. Single- family detached P P SR P SR P
2- 4 dwellings per parcel) C SR SR C
5+ dwellings per parcel) C C SR CIm
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A/ EQ R- 1 R- 2 R- 3 R- 4 HDS VR R- 2C EHV

2. Single-family attached

C SR SR
duplex, triplex, fourplex)

3. Multiple -family attached C C SR SR C
Maximum 650 units ( units
constructed after 650 shall SR
comply with HMC 16. 12. 010

4. Mobilehome subdivisions SR SR C C

5. Mobilehome parks C C C

6. Boarding/ rooming houses C C C C C
7 or more residents)

7. Senior independent living SR SR C C C C SR C SR

8. Board and care facilities C C C C C
7 or more residents)

9. Senior congregate care,

C C C C C
assisted living

10. Residential Care Facility
licensed group home) 6 or P P SR P SR P
fewer persons
licensed group home) 7 or C C C C P
more persons
unlicensed group home) P P SR P SR P
9_11 Senior congregate care, C C C C C
assisted living
4-0-.12 Convalescent care C C C C C
44-.13 Bed and breakfast inns C C C C C C C C C

14. Single Room C C C C C C
Occupancies
4-3-.15 Accessory dwelling
units and junior accessory
dwelling units ( shall comply P P P P P P P P P
with the provisions of
HMC 16. 44. 180)
B. Commercial Uses

1. Hotels, motels
II
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A/ EQ R- 1 R- 2 R- 3 R- 4 HDS VR R- 2C EHV

2. Equestrian centers, riding
academies, commercial C
stables

3. Massage establishments'
C. Public/ Quasi- Public Uses

1. Day nurseries, nursery
schools, child care facilities R P P P P P P P P
per state law ( 14 or fewer
children)
a. - ( fc .nfv F
1 i1 or
n h i
3Yc dot dtt dtt discSRd dT aYcSRd
h ( more thaR 1_4 n n
df' cot d-coPc b bn bn

2. Post office branch

3. Community facilities and
religious institutions C C C C C C C

4. Educational institutions C C C C C C C

5. Fire and police stations C C C C C C C

6. Public libraries and
museums

C C C C

7. Public parks and recreation SR SR SR SR SR SR SR

8. Public utility and public
service substations,
reservoirs, pumping plants, SR SR SR SR C SR SR
and similar installations not
including public utility offices

9. Recreational facilities ( e. g.,
country clubs, tennis and
swim clubs, golf courses),
including limited commercial C C C C SR SR C C C
uses which are commonly
associated and directly
related to the primary use
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SECTION 14. Subsection B of Table 16. 22. 030.A, Uses Permitted Within the Mixed Use District, of Section 16. 22. 030, Mixed Use Regulations, of Chapter 16. 22, Mixed Use District, of Title 16 Land Use and Development Code of the Highland Municipal Code is hereby amended to read as follows, with additions shown in bold text, with all other provisions of Section 16. 22. 030 remaining unchanged:

Use
Attached
Mixed
Use
Structure
Separated
Multiple
Use
Project
B. Residential uses

1. Single- family detached SR

2. Single-family attached ( e. g., duplex, triplex, fourplex — not attached mixed use)
C SR

3. Multiple -family attached ( not mixed use) C SR

4. Senior independent living C C

5. Senior congregate care, assisted living C C

6. Convalescent care C C

7. Accessory dwelling units and junior accessory dwelling units shall comply with the provisions of HMC 16. 44. 180)
P P

8. Low Barrier Navigation Centers P P

9. Single Room Occupancies C C
SECTION 15. Subsection B of Table 16. 24. 030.A, Uses Permitted Within Employment Districts, of Section 16. 24. 030 Use Regulations for Employment Districts, of Chapter

16. 24, Employment Districts, of Title 16, Land Use and Development Code of the Highland Municipal Code is hereby amended to read as follows, with additions shown in bold text, with all other provisions of Section 16. 24. 030 remaining unchanged:

Uses BP I OP
B. Wholesale uses and warehousing

1. Light wholesale, storage and distribution including wholesaling, storage, SR SR and warehousing services within enclosed buildings. Storage and wholesale to retailers from the premises of unfinished, raw and semi -refined products requiring further processing, fabrication, and manufacturing, and other storage shall be excluded from this land use type

2. General wholesale, storage, and distribution including warehousing, C SR storage, freight handling, shipping, trucking services and terminals, storage and warehousing from the premises of unfinished, raw and semi -refined 13 -71-
Uses BPI JOP
products requiring further processing, fabrication, or manufacturing. Outdoor storage shall be permitted subject to applicable screening requirements

3. Contractor' s storage yards ( temporary in Business Park) including the storage of equipment, materials and vehicles for construction industry contractors ( screening of outdoor storage required)
SR SR

4. Recreational vehicle storage ( screening of outdoor storage required) C SR

5. Vehicle storage/towing services C SR

6. Vehicle wrecking and storage C

7. Mini storage C SR

8. Semi -trailer, tractor units, tractor -trailer combinations ( whether connected or disconnected) storage, parking and/ or staging SECTION 16. Table 16. 24. 040. A, Industrial Site Development Minimum Standards, of Section 16.24.040, Employment District Development Standards of Chapter 16. 24, Employment Districts, of Title 16 Land Use and Development Code of the Highland Municipal Code is hereby amended to read as follows, with additions shown in bold text and deletions shown in strikethrough text, with all other provisions of Section 16. 24. 040 remaining unchanged:

Requirement BP I OP

1. Minimum parcel size 1 AC 1 AC 10 K sq.
ft

2. Minimum site width ( in feet) 150 200 80

3. Minimum site depth ( in feet) 150 200 100

4. Minimum front building setback area ( in
feet)
20 20 20

5. Minimum interior side building setback area
in feet)
20 0 20

6. Minimum street side building setback area
in feet)
i
20 20 20

7. Minimum rear building setback area (in feet) 20 0 20

8. Maximum building height ( in feet) 3550 50 35

9. Maximum lot coverage 60% 50% 60%
SECTION 17. Subsection A of Section 16. 40. 030 Accessory Structures, of Chapter 16. 40, General Development Standards, of Title 16, Land Use and Development Code of the Highland Municipal Code is hereby amended to read as follows, with additions shown in 14 -72-
bold text and deletions shown in strikethrough text, with all other provisions of Section

16. 40. 030 remaining unchanged:

A. Accessory Structures within Residential Districts.

1. Accessory Structure. Except as provided below, all accessory structures, whether attached or detached, shall meet all of the site development standards applicable to the main structure as required by the zoning district in which the main structure is located.

2. Canopies/ Patio Covers. Canopies/ patio covers or roofs attached to the main building or connecting the main building to an accessory building may extend into a required rear yard, interior side yard, and street side yard; provided, that the portions of such structures extending into the yard:
a. Shall not exceed 15 foot ; n hek h+ 1, 000 square feet in area, or more than 20 feet in height, or project closer than five feet to an interior side, street side, or rear lot line; provided that, the canopies/ patio cover is no higher than the main structure.
b. Shall be entirely open on at least three sides excluding the necessary supporting columns, except that a roof connecting a main building and an accessory building shall be open on two sides. Construction, projections, openings and penetrations of exterior walls of dwellings and accessory structures shall comply with separation requirements and opening protections as set forth in the California Building Code.
c. A Staff Review Permit, approved by the Planning Commission, is required before issuing building permits for canopies or patio covers that exceed the maximum size specified above. This permit is a one-time approval and will remain valid for the lifetime of the structure.
d. Findings
Prior to acting upon an application for a Special Use Permit for a detached carport, private garage, or other detached accessory structure, the reviewing authority shall find that all of the following are true. 1) The site for the proposed use is adequate in size and shape to accommodate said use and all yards, building coverage, setback, parking area, and other requirements of the Code.
2) The proposed accessory structure is subordinate in size, location, and appearance to the primary residential unit.
15 -73-
3) Issuance of the permit shall not be detrimental to the public health, safety, or welfare, or injurious to the property or improvements in the vicinity and district in which the use is located.
4) The appearance of the detached accessory structure and the method of construction are compatible with the surrounding built environment.

3. Ground -Mounted Equipment. Ground -mounted equipment, including but not limited to air conditioning compressors, evaporative coolers and pool equipment, may project a maximum of four feet into the required rear yard setback, and a maximum of two feet into the required interior side yard setback, but shall be prohibited from projecting into the required front or street side yard setbacks.

4. Detached Accessory Structures.
a. A detached accessory structure may be located within an interior side yard or rear yard; provided, that when such a structure is located closer than five feet to an interior side or rear lot line, one -hour fire walls shall be installed on the side or sides located within the setback. In no case shall an accessory structure be located closer than one foot from the property line.
b. Accessory buildings shall have a maximum height of 4520 feet and shall not exceed 1000 square feet; provided, however, that the accessory building is no higher than the main structure.
c. Accessory buildings shall be located at least 10 feet from any other building. d. A Staff Review Permit, approved by the Planning Commission, is required before issuing building permits for accessory buildings that exceed the maximum size specified above. This permit is a one-time approval and will remain valid for the lifetime of the structure.

5. Projections into Yards. Porches, steps, and architectural features, such as eaves, awnings, chimneys, balconies, stairways, wing walls and bay windows, may project a maximum of three feet into any required front or rear yard area, and into any required side yard area no more than one- half of the required side yard." SECTION 18. Section 16. 40. 090, Development Density, of Chapter 16. 40, General Development Standards, of Title 16 Land Use and Development Code of the Highland Municipal Code is hereby amended in its entirety to read as follows:

A. The purpose of the provisions of this section is to provide incentives for the production of specific housing types for populations, including, but not limited to, very low income, lower income, moderate income, and senior households, in OR
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accordance with Government Code Section 65915, commonly referred to as the State Density Bonus Law. In enacting this division, it is the intent of the city to facilitate the development of the goals, objectives, and policies of the housing element of the city' s general plan.

B. In addition to any other review required for a proposed housing development, applications for a density bonus shall be filed with the Community Development Department on a form approved by the Community Development Department Director. The application shall be filed concurrently with an application for a design review permit review, staff review permit, or administrative approval.

At the time the application is submitted, the applicant shall pay a density bonus application fee, established by resolution of the City Council.

C. City staff shall process the application for a density bonus in the same manner as, and concurrently with, the application for a design review permit, staff review permit, or administrative approval that is required by this Code. The reviewing authority for the density bonus application shall be the same reviewing authority for the design review permit, staff review permit, or administrative approval.

D. The application shall clearly indicate the number of base units allowed by the City general plan and zoning regulations, the number of density bonus units requested, and the number of affordable units that will be included in the proposed project. The applicant should submit reasonable documentation to establish eligibility for a requested density bonus, incentives or concessions, waivers or reductions of development standards, and parking ratios, to the satisfaction of the Community Development Director.

E. For a housing development qualifying pursuant to the requirements of Government Code Section 65915, the City shall grant a density bonus in an amount specified by Government Code Section 65915. Except as otherwise required by Government Code Section 65915, the density bonus units shall not be included when calculating the total number of housing units that qualifies the housing development for a density bonus.

F. For the purpose of calculating the density bonus, the " maximum allowable residential density" shall be the greatest density allowed under the zoning ordinance, specific plan, or land use element of the general plan, or, if a range of density is permitted, the greatest allowable density for the specific zoning range and land use element of the general plan applicable to the project. If the applicable zoning ordinance, specific plan, or land use element of the general plan does not include a standard for density per acre, the developer shall prepare a base density study to calculate the number of base units pursuant to the provisions of Government Code Section 65915( o)( 6).
17 -75-
G. The City shall grant the applicant the number of incentives and concessions required by Government Code Section 65915. The City shall grant the specific concession( s) or incentive( s) requested by the applicant, unless it makes any of the relevant written findings stated in Government Code Section 65915(d). Senior citizen housing developments that qualify for a density bonus shall not receive any incentives or concessions, unless Government Code Section 65915 is amended to specifically require that local agencies grant incentives or concessions for senior citizen housing developments.

H. For an applicant proposing to construct a housing development that conforms to the requirements of Government Code Section 65915(b) and includes a childcare facility that will be located on the premises of, as part of, or adjacent to the project, the City shall grant either an additional density bonus or a concession or incentive as provided for in Government Code Section 65915( h)( 1). A proposed project shall be eligible for the density bonus or concession or incentive described in this Section only if the project is made subject to, and the project applicant agrees to adhere to the conditions of approvals set forth in Government Code Section 65915( h)( 2). As used in this section, " childcare facility" shall have the same meaning as the term is defined in Government Code Section 65915 .

I. Except as restricted by Government Code Section 65915, the applicant for a density bonus may submit a proposal for the waiver or reduction of development standards that have the effect of physically precluding the construction of a housing development incorporating the density bonus and any incentives or concessions granted to the applicant. A request for a waiver or reduction of development standards should be accompanied by documentation demonstrating that the waiver or reduction is physically necessary to construct the housing development with the additional density allowed pursuant to the density bonus and incorporating any incentives or concessions required to be granted. The City shall approve a waiver or reduction of a development standard, unless it finds that:

1. The application of the development standard does not have the effect of physically precluding the construction of a housing development at the density allowed by the density bonus and with the incentives or concessions granted to the applicant;

2. The waiver or reduction of the development standard would have a specific, adverse impact, as defined in Section 65589. 5( d)( 2), upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact;

3. The waiver or reduction of the development standard would have an adverse impact on any real property ' that is listed in the California Register of Historical Resources; or
18 -76-

4. The waiver or reduction of the development standard would be contrary to state or federal law.

J. The applicant may request, and the City shall grant, a reduction in parking requirements in accordance with Government Code Section 65915( p), as that section may be amended from time to time.

K. The applicant shall comply with all requirements stated in Government Code Section 65915.

L. The applicant shall enter into an agreement with the City to ensure the continued affordability of all affordable units or the continued reservation of such units for qualifying senior citizens as required by Government Code Section 65915.

Prior to receiving a building permit for any project that receives a density bonus or any incentive, concession, waiver, or reduction of development standards pursuant to this section, such agreement shall be recorded as a covenant against the property. The agreement shall be on a form approved by the City Attorney.

M. For any development project that is granted a density bonus or other benefit pursuant to this section, the affordable units that qualify the project as eligible for a density bonus, must be constructed concurrently with or prior to the construction of any market rate units. In addition, the affordable units must be integrated with the market rate units so that there is a mix of affordable and market rate units, if any, in each building of the development project.

N. An applicant shall not receive a density bonus or any other incentive or concession if the housing development would be excluded under Government Code Section 65915, which includes, but is not limited to, projects that fail to replace" existing housing units, as required by state law.

O. The provisions of this subdivision shall be interpreted to fulfill the requirements of Government Code Section 65915. Any changes to Government Code Section 65915 shall be deemed to supersede and govern any conflicting provisions contained herein.

P. Appeals of a decision to grant or deny a density bonus, or an incentive, concession or waiver of a development standard shall be governed by Highland Municipal Code Section 16. 08.210."
SECTION 19. Section 16. 44. 270, Emergency Shelters, of Chapter 16. 44, Specific Use Development Standards, of Title 16 Land Use and Development Code of the Highland Municipal Code is hereby amended to read as follows, with additions shown in bold text, with all other provisions of Section 16. 44. 270 remaining unchanged:

A. Intent. This section is intended to control the establishment and operation of emergency shelters in the Business Park ( BP) District to ensure that such uses do not adversely impact adjacent parcels or the surrounding neighborhood, and shall -77-
be developed in a manner which protects the health, safety and general welfare of the nearby residents and businesses, while providing for the housing needs of a needy segment of the community.

B. Definition. As used in this code, the term "emergency shelter" shall be as defined in California Health and Safety Code Section 50801.

C. Development Standards. In accordance with the authority granted in Section 65583( a)( 4)(A) of the Government Code, all emergency shelters shall comply with the following development and management standards:

1. Maximum Number of Beds/ Persons. An emergency shelter for the homeless shall contain a maximum of 25 beds and shall serve no more than 25 homeless persons nightly.

2. Parking. The emergency shelter shall have not less than one off-street parking space for each 250 square feet of gross floor area, unless it is demonstrated by credible evidence that a different parking ratio is appropriate based upon the shelter' s demonstrated need. For emergency shelters located within one- half mile of a public transit stop, or those primarily serving residents who do not own vehicles, the parking requirement may be reduced to zero, provided that credible evidence is submitted to justify the reduced need and subject to approval by the Community Development Director.

3. Client Intake Areas. The waiting and client intake areas shall be a minimum of 500 square feet in floor area and shall be designed to ensure that waiting clients are not required to wait outside the building.

4. Shelter Provider. The agency or organization that is operating the shelter shall comply with the following requirements:
a. Staff and services shall be provided to clients to assist clients to obtain permanent shelter, social and health services and income. b. The provider shall prepare and file a management plan with the city that includes clear operational rules and standards, including, but not limited to, standards governing expulsions and lights out, security, screening of residents to ensure compatibility with services provided at the shelter, and opportunities for training, counseling, and treatment programs for residents.

5. Concentration of Uses. An emergency shelter shall not be located within 300 feet of another emergency shelter.

6. Length of Stay. Temporary shelter shall be available to an individual client for no more than 180 consecutive days.
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7. Lighting. Adequate interior and exterior lighting shall be provided for security purposes.

The lighting shall be stationary, directed away from adjacent properties and public rights -of -way, and of an intensity that is compatible with the neighborhood.

8. Security. Parking and outdoor facilities shall be designed to provide security for clients, visitors, employees, neighbors and the public. On -site supervisory and security personnel shall be provided at all times during the hours the shelter is in operation, with security provided at both interior and exterior locations.

9. Trash/ Recycling Enclosure. A trash/ recycling enclosure is required on site. The receptacles and enclosure shall be of sufficient size to accommodate the trash generated by the uses served. All outdoor storage of trash, garbage, refuse, and other items or materials intended for discarding or recycling collection shall be screened from public view on at least three sides by a solid decorative wall not less than five feet in height, or alternatively, such material or design approved by the planning commission. The fourth side shall contain a solid metal gate maintained in working order and remaining closed except when in use.

10. Laundry Facilities. An emergency shelter is encouraged to provide laundry facilities or services adequate for the number of residents.

11. Common Facilities. An emergency shelter is encouraged to provide a central cooking and dining room, subject to applicable health and use permits, for the exclusive use of the residents and staff.

12. Sanitary Facilities. An emergency shelter shall provide and maintain sufficient interior sanitary facilities to accommodate the number of clients who could be served at the shelter.

13. Clean -Up. The operator of the emergency shelter shall maintain the exterior of the emergency shelter and its immediate surrounding area in a clean and sanitary condition, without the accumulation of trash, belongings, and human or animal waste.

14. Development Standards. A new emergency shelter shall comply with HMC

16. 24. 040, Employment district development standards, unless specified otherwise in this section.

15. Fire Sprinklers. Fire sprinklers shall be installed in all emergency shelters in accordance with the city' s fire code."
SECTION 20. Environmental Review. The City Council finds that the adoption of this Ordinance is exempt from the California Environmental Quality Act ( CEQA) pursuant to the General Rule ( 14 C. C. R. Section 15061( b)( 3)) of the CEQA Guidelines, which is the 21 -79-
general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment, and CEQA does not apply where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment. This Ordinance involves amendments to multiple code sections to align with state law, expand housing and business opportunities, establish clear guidelines and regulations to ensure compatibility with community needs, and promote public health, safety, and welfare, without resulting in significant environmental impacts. There is no possibility that the Ordinance may have a significant effect on the environment since it comprehensively considers safety, aesthetics and financial implications related to such requirements. Additionally, this Amendment is not proposing development of a project.

SECTION 21. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, subsections, sentences, clause or phrases. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, clause and phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clause or phrase be declared invalid or unconstitutional, and would have passed and adopted the same even though any sections, subsections, sentences, clauses or phrases that may be held invalid had been omitted therefrom.

SECTION 22. Publication and Posting. Within fifteen ( 15) days following the passage of this Ordinance, the City Clerk shall publish and/ or post this Ordinance as required by state law and City resolution.

PASSED, APPROVED, AND ADOPTED this day of 2025.

Penny Lilburn, Mayor
ATTEST:

Alondra Munoz, City Clerk
APPROVED AS TO FORM:

Maricela E. Marroquin , City Attorney
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ATTACHMENT 4
Draft ( ADU) Ordinance No.
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ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HIGHLAND, CALIFORNIA, AMENDING SECTION 16. 44. 190 ( ACCESSORY
DWELLING UNITS) OF TITLE 16 ( LAND USE AND DEVELOPMENT

CODE) OF THE HIGHLAND MUNICIPAL CODE TO UPDATE

REQUIREMENTS IN ACCORDANCE WITH STATE LAW, AND MAKE A

FINDING OF EXEMPTION UNDER THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT ( MUNICIPAL CODE AMENDMENT
MCA 24-001)
THE CITY COUNCIL OF THE CITY OF HIGHLAND DOES ORDAIN AS FOLLOWS:

Section 1. Findings and Intent.

WHEREAS, Senate Bill 477, effective March 25, 2024, amended Accessory Dwelling Unit Law (" ADU Law") (formerly Government Code Sections 65852. 2 and 65852.22) now Chapter 13 of Division 1 of Title 7 of the Government Code), which reorganized ADU Law and has led to references to ADU Law in the Highland Municipal Code to be no longer applicable; and
WHEREAS, the State of California adopted amendments to Government Code Section 66313, 66314, and 66323, altogether known as Senate Bill 1211, effective January 1, 2025, which further amend standards and requirements for accessory dwelling units ADUs"); and
WHEREAS, portions of the City' s current regulations for ADUs and Junior ADUs JADUs") require amendment to remain consistent with State Law; and WHEREAS, on August 24, 2021, the City Council of the City of Highland adopted Ordinance No. 448 amending regulations pertaining to accessory dwelling units and junior accessory dwelling units and determining, based on findings, that ADUs in areas that have been designated as high fire severity zones could endanger the public health and safety; and
WHEREAS, the City's current regulations for ADUs and JADUs prohibit the construction of ADUs in high fire severity zones in the City; and
WHEREAS, Staff has studied the issue of whether there should continue to be a permanent ban on the construction of ADUs in high fire severity zones, or if certain health and safety regulations should be adopted to allow ADUs to be constructed in these areas under certain parameters. As a result of careful consideration by Staff working closely with the City' s Fire Marshal, and the City' s Battalion Chief, it was determined to be appropriate to continue to ban all construction of ADUs in high fire severity zones due to the concentration of housing tracts with units built near each other along the foothills of the National Forest. It was further determined appropriate to 11026- 0001 \ 3089047v2. doc
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continue to ban ADUs in high fire severity zones because detached ADUs along the foothills will intrude into the rear setbacks ( and others) and could result in impacts to the fuel modification zones, both designed to protect the residential neighborhoods from wildfires; and
WHEREAS, the City Council hereby determines that the construction of ADUs in areas that have been designated as high fire severity zones could endanger the public health and safety. These areas are prone to fires, and increasing the density in these areas can hinder the ability of the fire personnel to evacuate people quickly in event of a fire emergency; and
WHEREAS, on June 27, 2017, there was a 900- acre wildfire in Highland that forced the evacuation of about 200 residents. On July 12, 2017 there was a 33- acre fire that burned in the City. A few days later, on July 14, 2017, there was a 450- acre brush fire that burned around homes in the City. In the neighboring city of San Bernardino, there was a brush fire on October 21, 2019 that destroyed or damaged nine homes. On October 24, 2019, there was a wildfire in San Bernardino that burned 145 acres.

According to CalFire, 7, 860 fires were recorded to CalFire and the US Forest Service in 2019, an increase from the 7, 571 fires in 2018. In 2020, these figures increased again to 9, 639 fire incidents. In September 2020, the El Dorado Fire occurred in Yucaipa where 22, 744 acres were burned, 10 structures were destroyed, and tragically, one firefighter died; and
WHEREAS, on September 5, 2024, the Line Fire broke out in Highland. The Line Fire caused conditions of extreme peril to the safety of persons and property within the City of Highland and resulted in fire damage and evacuations for parts of the City. On September 11, 2024, the City Manager declared a local emergency, which was ratified by the City Council on September 12, 2024 through the adoption of Resolution No. 2024- 044. The Line Fire burned a total of 43, 978 acres. The burn areas are now susceptible to mud and debris flow and possible landslides; and WHEREAS, in January 2025, a series of fourteen wildfires affected Los Angeles County and San Diego County, forcing over 200, 000 people to evacuate from their homes, destroying more than 18, 000 homes and structures and damaging countless others, and burning over 57,000 acres of land. The two largest fires during this time included the Eaton Fire in Altadena and the Palisades Fire in the Pacific Palisades. During this time, the Little Mountain Fire, located in San Bernardino County also burned 34 acres; and
WHEREAS, the City is prone to strong winds which help fuel brush fires and can create a dangerous situation, particularly if there is only one escape route from the fire and streets are blocked due to on -street parking during an evacuation event. Increasing the population in high fire severity zone areas could have devastating consequences if additional people must be quickly moved from the area in the event of an emergency.

According to most fuel modification and defensible space plans, there are generally areas where no combustible construction is to occur adjacent to development in the 2-
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high fire hazard severity zones. Should construction of an ADU ( or any combustible construction) occur in these areas, it will compromise the design of any fuel modification and defensible space plan; and
WHEREAS, in the years after a wildfire, areas left charred by flames and devoid of vegetation can render the soil non -permeable to rainwater and increase the likelihood of mudslides, debris flows, and flash floods due to the lack of rainfall absorption in the soil.

The California Governor' s Office of Emergency Services ( CaIOES) warns that Californians who live on or below hillsides in general, but especially in areas impacted by wildfires, are at an increased risk of debris flow, or the fast-moving mass of materials such as slurries of water, rock, soil, vegetation, and even boulders and trees.

Construction of ADUs in high fire severity zones increases the residential density in areas prone to mudslides, debris flows, and flash floods thereby increasing the number of people at risk during such events; and
WHEREAS, the City Council further determines that the construction of ADUs in areas without appropriate sewer systems is detrimental to the local water quality, and public health and safety. ADUs proposed to be served by On -Site Wastewater Treatment Systems ( OWTS) ( e. g., septic systems) require review and approval from the local health officer per Government Code section 66314(d)( 9). In this case, the City' s local health officer is the County of San Bernardino Department of Public Health. The County' s approval process requires all proposed ( new) and modified septic systems in the City of Highland to be submitted to the State Water Quality Control Board for evaluation and approval. The extensive minimum standards and technical requirements also derived from the California Plumbing Code) for the treatment and disposal of sewage through the use of OWTS on small lots in established neighborhoods, when no connection to a sewer is available, conflicts with the state' s ADU legislation standards.

These conflicts include, but are not limited to, minimum lot size, setbacks from septic tanks and leach fields, and setback from structures and existing water service lines. For these reasons and others, the State Water Quality Control board is denying ADUs based on current statewide OWTS policy. Accordingly, this ordinance continues the City' s current practice of prohibiting the construction of ADUs in areas not serviced by sewer systems as it would be detrimental to the public health and safety; and WHEREAS, the City of Highland Planning Commission held a public hearing at the Highland City Hall Council Chambers in Highland, California, on April 1, 2025 at 6: 00 p. m., and, notice of said public hearings having been duly given as required by law and in accordance with the provisions of the Highland Municipal Code, heard and considered evidence for and against said Municipal Code Amendment, and investigated and made findings and recommendations in connection herewith. At the conclusion of the public hearing on April 1, 2025, the City of Highland Planning Commission adopted Resolution No. 25- 007 recommending that the City Council adopt this Ordinance; and WHEREAS, the City Council, at a regular meeting, considered the Ordinance on May 13, 2025, at 6: 00 p. m., at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did 3-
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testify either in support or opposition to this matter. At the conclusion of the public hearing, the City Council closed the public hearing and considered the entire record of information received at the public hearings before the Planning Commission and City Council.

Section 2. Section 16. 44. 180( Accessory Dwelling Units) of Chapter 16. 44 ( Specific Use Development Standards) of Title 16 ( Land Use and Development Code) of the Highland Municipal Code is hereby amended to read as follows, with additions shown in underlined text and deletions shown in strikethrough text:

16. 44. 180 Accessory dwelling units and junior accessory dwelling units.

A. Intent. This section is intended to provide reasonable regulations for the development of accessory dwelling units (" ADUs") and junior ADUs (" JADUs") in certain residential areas on lots developed or proposed to be developed concurrently with single- family residential or multifamily residential dwellings in compliance with state law regarding ADUs and JADUs ( Chapter 13 of Division 1 of Title 7 of the Government Code). ADUs and JADUs contribute needed housing to the community' s housing stock and are intended to provide livable housing at lower cost while providing greater security, companionship and family support for the occupants. In addition, the regulations in this section are intended to ensure that ADUs and JADUs located in residential districts do not adversely impact adjacent residential parcels or the surrounding neighborhood, have access to adequate water and sewer services, will have limited impacts on traffic flow and public safety, and are developed in a manner which protects the integrity of the residential district, while providing for needed housing opportunities for owners of eligible parcels. Moreover, the regulations are intended to ensure that ADUs are not constructed in high fire severity zones as this poses a great risk to the public health and safety in the event of a fire and the need to quickly evacuate residents.

B. Definitions. The following words shall have the meanings set forth below, unless the context otherwise permits or requires. -
Accessory dwelling unit" or " ADU" has the meaning ascribed in Government Code Section 66313( a), as the same may be amended from time to time.

2. " Attached ADU" means an ADU that is constructed as a physical expansion i. e., addition) of the primary dwelling and shares a common wall with the primary dwelling.

3. " Detached ADU" means an ADU that is constructed as a separate structure from the primary dwelling, which does not share any walls with the primary dwelling.
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4. " Existing structure" means an existing single-family dwelling, multifamily dwelling, or other accessory structure that can be safely converted into habitable space under the California Building Standards Code, as amended by the city, and other applicable law.

5. " Junior accessory dwelling unit" or " JADU" has the meaning ascribed in Government Code Section 66313( d), as the same may be amended from time to time.

6. " Primary dwelling" means the existing or proposed single-family dwelling or multifamily dwelling on the lot where an ADU would be located.

7. " Public transit" has the meaning ascribed in Government Code Section 66313( m), as the same may be amended from time to time.

C. General Requirements and Application Procedure.

An application for an ADU or JADU shall be considered ministerially, without discretionary review or a hearing, pursuant to either " planning review" or a streamlined " building permit only" review. The city shall act on the application within 60 days from the date the city receives a completed application if there is an existing single- family dwelling or multifamily dwelling on the lot. If the application to create an ADU or JADU is submitted with a permit application to create a new single-family dwelling on the lot, the city may delay acting on the application for the ADU or JADU until the city acts on the permit application to create the new single- family dwelling, but the application to create the ADU or JADU shall still be considered ministerially without discretionary review or public hearing under either the planning review or building permit only review. If the applicant requests a delay, the 60- day time period shall be tolled for the period of the delay. Table

16.44. 180 summarizes the level of ministerial review required for various types of ADUs.

Table 16. 44. 180 - Ministerial ADU Review
Applications Subject to " Planning Applications Subject to " Building Review" ( See HMC 16. 44. 180( D)) Permit Only" Review ( See HMC

16.44. 180( E))
Any application for an ADU that is not One ADU within the space of an existing eligible for "building permit only" review. or proposed single-family dwelling or an accessory structure. The ADU may
expand the physical dimensions of an
existing accessory structure by not more
than 150 square feet to allow for ingress
and egress. The space must have
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exterior access from the proposed or
existing single- family dwelling. The rear
and side yard setbacks must be sufficient
for fire and safety.

A JADU that meets the requirements of
Article 3 ( commencing with Section
66333) of Chapter 13 of Division 1 of Title
7 of the Government Code.

One detached, new construction ADU,
so long as the ADU does not exceed four -
foot side and rear yard setbacks for a lot
with a proposed or existing single- family
dwelling unit, a total floor area of 800
square feet, and a height of 16 or 18 feet
as provided in Government Code Section
66321( b)( 4)( A)-(C), as applicable.

Multiple ADUs within the portions of an
existing multifamily dwelling, in spaces
not used as living space. Examples
include conversion of storage rooms,
boiler rooms, passageways, attics,
basements, and garages. Each ADU
must comply with state building standards
for dwellings.

The number of ADUs that may be created
within a multifamily dwelling is equal to 25
percent of the number of existing
multifamily dwelling units, or one ADU,
whichever is greater.

Not more than eight detached ADUs on
a lot with an existing multifamily dwelling;
however, the number of ADUs cannot
exceed the number of existing units on
the lot. The ADUs are subject to a 16 or
18- foot height limit as provided in
Government Code Section
66321( b)( 4)( A)-( C), as applicable, and
must maintain at least a four -foot rear and
side yard setback, unless the existing
multi -family dwelling has a rear or side
setback of less than four feet
Not more than two detached ADUs on a
lot with a proposed multifamily dwelling.

The ADUs are subject to a 16 or 18-foot
height limit as provided in Government
Code Section 66321( b)( 4)( A)-(C), as
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applicable, and must maintain at least a
four -foot rear and side yard setback.

2. All ADUs and JADUs shall satisfy the requirements of the California Building Standards Code, as amended by the city.

3. In accordance with state law, ADUs are an accessory use or an accessory structure to the primary dwelling on the lot. ADUs shall not be considered to exceed the allowable density for the lot.

4. The application for the planning review ADU or building permit only ADU or JADU must be signed by the owner(s) of the parcel of land.

D. Planning Review ADUs. Except as otherwise set forth in subsection E of this section regarding building permit only ADUs ( Government Code Section 66323 ADUs and JADUs), the city shall not approve an application for a new ADU unless the ADU satisfies all of the standards below. An application for a new ADU that satisfies each of the below standards shall be approved by the director of community development, or designee, following a ministerial review for compliance. ADUs approved pursuant to " planning review" shall comply with the following standards, unless state law mandates that different standards shall apply, in which case the mandated state law standards shall apply:

Location Restrictions. One ADU shall be allowed on a lot with a proposed or existing primary dwelling that is zoned residential, except as otherwise set forth herein. To protect the public health and safety, no ADUs shall be constructed in an area designated as a high fire severity zone, or in an area without adequate sewer systems ( i. e., on septic tank system).

2. Development Standards.
a. Size Restrictions. The total floor area of an attached ADU to an existing primary dwelling shall not exceed fifty percent of the gross floor area for the primary dwelling, except where such standard would prevent construction of an ADU of 850 square feet or 1, 000 square feet for an ADU that provides more than one bedroom. The total floor area of an attached ADU or detached ADU that has two or more bedrooms shall not exceed 1, 200 square feet. In no case shall an ADU be a smaller size than an " efficiency unit" as defined in Section 17958. 1 of Health and Safety Code.
b. Height Restrictions. A detached or attached ADU shall not exceed the height limit established for the district in which it is located, the height of the primary dwelling, or the applicable height in Government Code Section 66321( b)( 4)( A)-( D), whichever is greatest.
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c. Setback. No setback shall be required for an ADU that is within an existing structure or within a structure constructed in the same location and that has the same dimensions as an existing structure.

For all other ADUs, the required setback from side and rear lot lines shall be four feet. ADUs shall comply with the front yard setbacks otherwise required by the Highland Municipal Code, except where the application of the front yard setbacks would not permit construction of an 800- square- foot ADU.
d. Lot Coverage. An ADU shall conform to all lot coverage requirements applicable to the zoning district in which the property is located, except where the application of the lot coverage regulations would not permit construction of an 800- square-foot ADU with four -foot side and rear yard setbacks.
e. Historic Resources. An ADU that has the potential to adversely impact any historical resource listed on the California Register of Historic Resources shall be designed and constructed in accordance with the " Secretary of the Interior' s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings" found at Section

68. 3 of Title 36 of the Code of Federal Regulations, as amended from time to time.

3. Design and Features.
a. Design. The ADU shall have the same colors and materials of the primary dwelling, and shall comply with any objective design standards adopted by the city that are applicable to the zoning district, specific plan area, or planned unit development where the ADU is located.
b. Fire Sprinklers. ADUs are required to provide fire sprinklers if they are required for the primary dwelling, or as required under the existing California Residential Code. The construction of an ADU shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
c. Entrance. An attached ADU shall have a separate exterior entrance from the primary dwelling.

4. Covenant Required. The property owner shall record a declaration of restrictions, in a form approved by the city attorney, placing the following restrictions on the property, the property owner, and all successors in interest: ( a) the ADU is to be rented only for terms of 31 days or longer. 11026- 0001\ 3084047v2. doc
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Proof of recordation of the covenant shall be provided to the city prior to the issuance of a certificate of occupancy for the ADU.

5. Transfer. An ADU shall not be sold, transferred, or assigned separately from the primary dwelling, except when the ADU is constructed by a qualified nonprofit corporation pursuant to Government Code Section 66341. In such cases, the ADU may be separately sold to an eligible low- income buyer as defined by state law. Otherwise, the ADU may be rented, but shall not be used for short-term rentals for less than 31 consecutive days.

6. Parking Requirements.
a. In addition to the off-street parking space( s) required for the primary dwelling, one off-street parking space shall be provided for each ADU, except when:
i. The ADU is located within one- half mile walking distance of public transit;
ii. The ADU is located within an architecturally and historically significant historic district;
iii. The ADU is part of a proposed or existing primary dwelling or accessory structure;
iv. The ADU is located in an area where on -street parking permits are required but not offered to an ADU occupant; or
V. The ADU is located within one block of a city -approved and dedicated parking space for a car share vehicle.
b. Off-street parking shall be permitted in setback areas in locations determined by the planning division or through tandem parking. c. When the ADU is created by converting or demolishing a garage, carport, covered parking structure, or uncovered parking space, replacement of parking space(s) eliminated by the construction of the ADU shall not be required as long as the ADU remains in use as a legal ADU.

7. Permits Required. Except as otherwise required herein, all construction, structural alterations or additions made to create an ADU shall comply with current development standards and building, electrical, fire and plumbing codes. The applicant shall obtain a building permit and any other applicable construction permits prior to the construction of the ADU. 11026- 000 1\ 3089047v2, doc
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E. Building Permit ADUs.

An applicant shall not be required to submit an application for an ADU or JADU permit under this section, and may instead seek building permit approval for an ADU and/ or JADU that satisfies the requirements of Government Code Section 66323, as the same may be amended from time to time, and the California Building Standards Code, as amended by the city.

2. In addition to obtaining a building permit under this process, the applicant shall be required to obtain all other applicable construction permits prior to the construction of the ADU or JADU.

3. An ADU or JADU approved by a building permit only process shall be rented only for terms of 31 days or longer.

4. The property owner shall record a declaration of restrictions, in a form approved by the city attorney, placing the following restrictions on the property, the property owner, and all successors in interest: ( a) the ADU or JADU is to be rented only for terms of 31 days or longer; ( b) the ADU or JADU is not to be sold or conveyed separately from the primary dwelling, except as permitted by Government Code Section 66341; and ( c) if there is a JADU on the property, either the JADU or single-family residence shall be occupied by the owner of record, unless the owner is a governmental agency, land trust, or housing organization, and the JADU shall be restricted in size and attributes pursuant to Article 3 of Chapter 13 of Division 1 of Title 7 of the Government Code as set forth in subsection ( E)( 6) of this section.

Proof of recordation of the covenant shall be provided to the city before a certificate of occupancy may be issued for the ADU and/ or JADU.

5. Pursuant to Government Code Section 66323, the city shall ministerially approve an application for a building permit within a residential or mixed - use zone to create any of the following:
a. One ADU and one JADU per lot with a proposed or existing singlefamily dwelling if all of the following apply:

The ADU or JADU is within the proposed space of a singlefamily dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical
dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.
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The space has exterior access from the proposed or existing single-family dwelling.
iii. The side and rear setbacks are sufficient for fire and safety. iv. The JADU complies with the requirements of Article 3 commencing with Section 66333) of Chapter 13 of Division 1 of Title 7 of the Government Code as set forth in subsection E)( 6) of this section.
b. One detached, new construction ADU that does not exceed four -foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The detached ADU may be combined with a JADU described in subsection ( E)( 5)( a) of this section. The ADU shall be no more than 800 square feet in size, with a height limit as provided in Government Code Section 66321( b)( 4)( A)-( C). c. At least one ADU within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, spaces for living, sleeping, eating, cooking, and sanitation, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. If requested, multiple ADUs shall be allowed, up to the number of ADUs that equals 25 percent of the existing multifamily dwelling units in the structure.
d. Not more than eight detached ADUs that are located on a lot that has an existing multifamily dwelling, subject to a height limit as provided in Government Code Section 66321( b)( 4)(A)-( C), and four -foot rear and side yard setbacks except where the existing multiple family dwelling has a rear or side setback of less than four feet. However, the number of ADUs shall not exceed the number of existing units on the lot.
e. Not more than two detached ADUs on a lot with a proposed multifamily dwelling, subject to a height limit as provided in Government Code Section 66321( b)( 4)(A)-(C) and four -feet rear and side yard setbacks.

6. In accordance with the standards set forth in Article 3 ( commencing with Section 66333) of Chapter 13 of Division 1 of Title 7 of the Government Code, JADUs shall comply with the following requirements, unless state law is amended to set forth different standards, in which case state law standards will govern:
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a. A JADU shall be a minimum of 150 square feet and a maximum of 500 square feet of gross floor area. The gross floor area of a shared sanitation facility shall not be included in the maximum gross floor area of a JADU.
b. A JADU must be contained entirely within the walls of the existing or proposed single- family dwelling. Enclosed uses within the residence such as attached garages shall be considered within the walls of the existing or proposed single- family dwelling.
c. A separate exterior entry from the main entrance to the single-family dwelling shall be provided to serve the JADU.
d. A JADU may include separate sanitation facilities, or may share sanitation facilities with the existing single-family dwelling. If the JADU does not include separate sanitation facilities, the JADU shall include a separate entrance from the main entrance to the structure, with an interior entry to the main living area.
e. A JADU shall include an efficiency kitchen, which shall consist of a cooking facility with appliances and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU.
f. No additional parking is required for a JADU.
g. One JADU is permitted per lot zoned for single- family residences with a proposed or existing single-family residence on the lot. h. Unless state law is amended, the JADU or the single-family residence shall be occupied by the owner of record, except where the owner is another governmental agency, land trust, or housing organization.

F. Fees and Utility Connections. ADUs and JADUs that are processed under either the planning review ADU process set forth in subsection D of this section or through the building permit only ADU process set forth in subsection E of this section, shall comply with the following:

1. ADUs and JADUs shall have adequate water and sewer services. These services may be provided from the water and sewer points of connection for the primary dwelling and need not be a separate set of services, unless the local water and sewer service provider requires a new or separate utility connection directly between the ADU and the utility if the ADU is constructed concurrently with a new single- family residence. 12-
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2. The owner of an ADU shall be subject to the payment of all sewer, water and other applicable fees, including impact fees set forth in Government Code Section 66000 et seq., except as specifically provided in California Government Code Sections 66324 and 66332( e).

3. Prior to receiving a building permit, the owner of an ADU must submit letters of service availability for water and sewer disposal to the building official.

Section 3. Environmental Review. The City Council hereby finds that this Ordinance is exempt from the requirements of the California Environmental Quality Act (" CEQA") pursuant to CEQA Guidelines Section 15282( h) which creates a statutory exemption for the adoption of an ordinance regarding second units in a single-family or multifamily residential zone by a city to implement the provisions of Article 2 ( commencing with Section 66314) or Article 3 ( commencing with Section 66333) of Chapter 13 of Division 1 of Title 7 of the Government Code as set forth in Section 21080. 17 of the Public Resources Code. In addition, the City Council finds that the Ordinance is exempt from further environmental review pursuant to CEQA Guidelines Section 15061( b)( 3) because it can be seen with certainty that there is no possibility that amendments to the City' s ADU and JADU regulations in accordance with State Law will have a significant effect on the environment.

Section 4. Submission of Ordinance to HCD In compliance with Government Code Section 66326 the Community Development Director is hereby directed to submit a copy of this Ordinance to the Department of Housing and Community Development within 60 days after adoption.

Section 6. Certification The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law.

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

Section 8. Effective Date. This Ordinance shall take effect thirty ( 30) days after passage.

PASSED, APPROVED, AN ADOPTED this day of 2025.

Penny Lilburn, Mayor
ATTEST:
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Alondra Munoz, City Clerk
APPROVED AS TO FORM:

Maricela E. Marroquin , City Attorney
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ATTACHMENT 5
April 1, 2025 — DRAFT Planning Commission Minutes
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04- 01- 2025 Planning Commission Meeting
Item # 4 Draft Minutes
Subject: Municipal Code Amendment No. 24- 001: Housing Element Implementation Ordinance of the City of Highland amending portions of Title 5 Business License and Regulations) Title 8 ( Health and Safety), and Title 16 ( Land Use and Development Code) of the Highland Municipal Code.

Associate Planner Tafolla presented the staff report.

Chair Hamerly stated the recommendation was mentioned it was incomplete and there is an additional insert. Is it a rewriting of item # 3.

Assistant Community Development Director Stater stated on page one, my proposal would be to eliminate # 1 because you are going to incorporate that into # 2 and # 3. So, if you eliminate # 1, # 2 would be " Staff recommends the Planning Commission approve resolution 2025 -_ recommending the, City Council. V2 would follow as written and include and instruct staff to file the corresponding notice of exemption." Chair Hamerly asked if what is presently item # 2, would become item # 1? Assistant Community Development Director Stater stated correct. The next item would be on page 2, so # 3 would become # 2. The action would state " Adopt resolution 2025- recommending the City Council and introduce the ordinance as written." Lastly, #4 would be # 3. The Planning Commission would recommend one or two options or neither to the City Council. City Council is going to consider those and direct back to the Planning Commission possibly.

Chair Hamerly asked would it affect the form of the zone, whether it is a Planned Development ( PD) or a_Residental- 4 zone ( R- 4)?
Assistant Community Development Director Stater stated yes, we are looking for direction for you to make recommendation to the Council on site # 1, # 2, both or neither.

Community Development Director Mainez stated just to clarify, we are not asking you to select a site that we can carry up to City Council, we are selecting a site so that we can start the rezoning process, and Planning Commission will eventually see the rezoning and General Plan Amendment. We will receive everybody' s comments from the public and then it goes to the City Council. Tonight is similar to a study session and to get comments from the property owners around these particular sites. The state has given us a short timeline and need this to be adopted by December 2025.

Chair Hamerly asked is it ok to split the resolution?
Community Development Director Mainez stated yes.

Chair Hamerly stated ok, we will split the resolution and make a recommendation to the City Council. We will read the first two and then come back and read the third.

Community Development Director Mainez stated that works -97-
Chair Hamerly opened the public hearing
Public Speaker Vince Franco stated I would like to address the zoning proposal change specific to where the dog park is located. We are opposed to the zoning change to this simply for this high density housing residential. We bought these houses here knowing that this was a low density housing area, and the large lot size were attractive to many of us. I know you are under pressure from the state, I understand that. I am real estate salesperson. I' ve been selling real estate for 28 years and my experience is these high density projects cause traffic and infrastructure issues. They turn into eyesores and devalue the area in some cases, but I think my biggest gripe is conformity to the surrounding people that have been there for over 25 years at most. So, I know you have a duty to the state, however I ask that you have a duty to your residence as well equally and retain the zoning as it is as low density housing. Thank you for your time.

Public Speaker Johnny Robinson stated my family moved to Highland in 1989 when I was four years old. I remember when Lowe' s was the Chicken Ranch and when we had a golfing range. I bought my first house here on Church Avenue just around the corner in 2018. 1 have worked really hard to save up, to move to the better part of Highland. Although I appreciate all the business that has come off Greenspot Road, however, it is nice that when you drive away from that area, the traffic gets less and less. The visual of the openness when you drive out to Greenspot Road is important and my children are young so I hope that this is the home they grow up in and we will be there for a long time. So, I think bringing more housing to the area defeats the purpose of working hard to move into an area like that.

Public Speaker Edward Bonadiman stated I am at 30195 Central Vista I have been there since 2000. A lot of you know me, most of time I am on the other side trying to get a project to go through. In this case, I totally understand what the city has to do. What always drives me crazy is that the state tells feds [ inappropriate language] constantly and then the state turns and looks at the county/ city and says jump right now and do what we say, and the cities and the counties do it and it is terrible. It is unfortunate that you lose your local control because the state is just so incompetent that they push its problems under local jurisdictions. I know it is a lot of work to do, I totally get it. This site by Aurantia Park is a terrible site for apartments. Everybody knows it is terrible for high density. Would it be better off planned unit development? A higher density? Condominiums where they are owned? That makes more sense, even that would not be ideal. The city has so much open space, so much opportunity to do other vacant parcels for higher density. So that is really my ask is that you, you look at something else or choose between these two.

Public Speaker Randy Ryder stated I live at 29846 Watson Court. I have been here for 20 years, and I live by the Aurantia park. We see them as single family dwellings and we look at the neighborhood as relatively safe, but honestly, if you are going to put high density in there and I really do not understand the concept. I am supportive totally of law enforcement and the Highland police out here, but we rarely see anybody out here on patrol. You are going to bring lower income people living in close proximity and you are going to have more problems. I do not know if it would work, but that trailer park on the corner of Greenspot and Boulder Avenue would be a great. Thank you.

Public Speaker Burt Young stated I have been in City of Highland since 1988. 1 am a former Code Enforcement Officer and a former Community Service Officer, and I ran the Crime Free Multi Housing Program. Why does that no longer exist? Did I miss something? -98-
Community Development Director Mainez stated it was part of the state changes and required us to remove them.

Public Speaker Burt Young stated I ran the program in Rialto, and it is a rough area. I am down the street on Santa Ana Canyon Road, and I worked in these areas. I was a Senior Code Enforcement Officer, so I know about these programs. There are a lot of areas in Highland where you can go such as East Valley Water District. Like I said, I have been here since 1988. In a nice neighborhood, and we do not see the police because we do not have that many problems out there, however just reconsider if you could and take a look at some other areas. The trailer park on Boulder Avenue and Greenspot Road is an eyesore. They are dilapidated and probably up not up to code. Has anyone checked? Public Speaker Dwayne Hunts stated I am resident of Highland. I just bought my property in March 2023. We purchased a house over across from East Valley Water District. Before purchasing here, we lived in East Highland' s Ranch for seven years. We lived on Clover Hill, a beautiful area, we enjoyed it. I grew up in San Bernardino, moved out here from LA in 1989. What is the word for it? when we grew up we called it affordable living. When I grew up in San Bernardino we have heard of East Highland. There was no reason to ever go to East Highland because there is nothing in East Highland unless you live there.

Where we live, in Vista Verde we have no problem, paying for that house because the zoning around there would not allow for this crap I am hearing tonight two years ago. I invested in having to fix my yard for $ 150, 000. 1 do not want that crap where I live, it will bring down the property value. We are going to need police around there. If I want to live around affordable living, I would not have spent half of a million on my house. I do care about the affordable living people I am related to many of them, they do not know my address and there is a reason for it. I am being real with you, I really come from this stuff.

There is a reason I moved up there. Thank you for your time. Thanks for listening.

Public Speaker Bruce Lantagne pointed to his property on the PowerPoint. If these homes go up Greenspot Road will be even worse. 40750 years ago, I could go down the two lane road and these are all wonderful neighbors that I have around me. I do not hear anything coming down from them, if you put this in they are going to hear it. This is my retirement, everything I have is in this property. I am not against rezoning; however, this is not the spot. I understand it is an improved road. The city has many more choices than here. I have lived in this city since the 1970' s. I have seen when it was all rocks and there was nothing else out here. Thank you.

Public Speaker Samuel stated I live on the adjacent side of the red highlighted area. I know Bruce very well. We have worked on the water well and we have become great friends about a year now. It is a tranquil area, you can feel how wonderful this land is. I actually have development plans myself, so I am a little torn here. I have actually built a Assessory Dwelling Units ( ADUs) in Loma Linda and Fontana. I was a general contractor.

If you are familiar with what happened with Citrus Valley High School in the development, there was a woman named Helen that was there, and she held off for the longest time. My mother-in- law worked for her, and I feel that is the same stance that the community is taking. As a pastor, someone that mentors people and help those of low income, we cannot write them off and say they are bad people, they are going to cause the police officers to come. Corruption is from the bottom to the top. Do you know what I mean? I certainly sympathize with the need to comply with housing and as in a financial way I see an opportunity for us. The issue is purpose, what is the purpose here? I think the purpose -99-
is to maintain the integrity of the land. I took my daughter up to the top of Seven Oaks yesterday and we went off roading up there on that trail. We appreciate the he city keeping that open and giving us opportunity to continue even though we had the Line Fire. I think overall we just want to maintain the culture of the property and there are other areas, but I do like to develop. I have done it myself. So, I just wanted to voice the concern of myself and also the beautiful Vietnamese family that lives on the same property where I live. My neighbors across the street that I have met everyone there. It seems, overwhelmingly, that they do not like the idea of something being built in this specific area, but we do appreciate the compassion to help the people.

Public Speaker Ron Arnott stated I am the owner of the other property and have owned it since 1980. A lot of the discussion here is probably best addressed to the state, where they define these laws, and we have to comply. So, what we have to do is comply which would be to maybe look a little bit farther east, but it may or may not ever take place, but at least it is complying with the requirements. One thing about culture though, and I have to say I have been in the area since 1949 while I was born in San Bernardino, and we have moved to Redlands and owned property in Highland since 1980. A lot of people come up to me and say why do you sell these orange groves? We really love to see this.

We move in and do not like to see further development, but further development does need to happen. The streets get crowded, but I am thinking we should comply with the state requirement as possibility father east as an opportunity. Thank you.

Public Speaker Camille Bahri stated I am with Sunland Communities. I am here with Mr.

Arnott, and he asked me to say a word, and I am encouraged by the fact that a few people have lived most likely in one of the properties I built. We certainly have done things that are quite fitting of the area and meets the needs of a common family. We are not encouraging or supporting this, but we do support staff in its effort to meet the requirements of the state, obviously. One thing that' s kind of not been discussed or overlooked tonight is when you wedge a much higher density within existing conventional single family, larger lots there is going to be some resistance. There is no doubt for various reasons. The reason we support staff and the property more east, Mr. Arnott's property is because there is some separation from the existing residential, so it is not going to be that much of an impact. Also, there is a bit of a time separation, there is a need for some time for what has developed so far to reach that area. There is a lot of infrastructure that would be needed. There is need for water, extension of other infrastructure and facilities. Even if you designate 20 units per acre today in the best location, and the cost and the reception by the market is in there, it is not going to go anywhere. So, you cannot force a property owner to build it, or a property owner could not force a developer to come in and do three story apartments. The difference between us and somebody else who may do maybe 3 or 4 acres at the time as its development is that we really thrive on master plan communities. So, when you are living in a high density, whether it is an apartment or 20 units for sale you get a partial ownership in the common amenities, not only the unit that your name goes on, but it is also the undivided interest. I am very respectful of the people who are opposed of this kind of development. My son lives on the 10th floor, paying $ 4000 a month in rent because it is needed, but it is in a much more urban area. The market will dictate whether that will be acceptable or not. Thank you.

Public Speaker Michael stated so instead of doing 5 acres, Mr. Arnott has more property out there, we should do 10- 15 acres on the east side then the numbers will be better for the state.
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Public Speaker Vince Franco stated regards to the numbers, I am not sure what the state mandate is, but I am looking at the planned communities specifically by Costco. There are 546 apartment units and 200 residential multifamily units to be built. I am assuming these are approved plans; these are in motion. What does the state want? Chair Hamerly stated they want more.

Assistant Community Development Director Stater stated the state requires the city to provide the appropriate zoning for all segments, socioeconomic throughout the city. What the state has noticed that our higher zoning, which the state equates to lower income, was disproportionate to the geography of the city and that it was not located within a high resource area. The mandate by the state is 5 acres in the high resource area. That is what the city is trying to achieve, that is why you do not see the plans on Sterling Avenue and the west side of the city.

Chair Hamerly stated just to clarify on Title 5 they can still access records, however it is only for convicted crimes not on incidents. Did I read that correctly? Assistant Community Development Director Stater stated I heard that mentioned. It is the program itself because the program identifies potential tenants that have criminal records, and it discourages their opportunities to be placed: We have been told to eliminate it altogether.

Chair Hamerly stated under the ADU provisions, it discusses the septic systems or private sewer treatment, however given that there are sites within the city that would have enough acreage to treat waste there safely and effectively should be a minimum site size.

Building Official Wirz stated currently, we do not have a local agency management plan, so we default back to the states Onsite Wastewater Treatment Systems Policy ( OWTS) policy, which dictates 2. 5 acres per dwelling unit which is hard to achieve. There are some concessions based on the age of the lot and when it was formed legally. This provision started in our ordinance because of those requirements before to get a septic system approved, you have to go through the state to get approval and they were denying it.

Recently the state had discussion allowing septic systems for ADU' s.

Chair Hamerly asked is there a mandate if someone wanted an additional unit on their property, they would have to hook up to municipal water and sewer? Associate Planner Tafolla stated that is correct.

Chair Hamerly asked has the state weighed in on that yet? Associate Planner Tafolla stated the state had reviewed our previous ADU ordinance and approved it. This one will also have to be submitted to the state for review and approval.

Chair Hamerly stated regarding the group homes and residential care facilities, I understand the thresholds and how it is treated for single family zones for neighborhoods that have parking restrictions. How would those facilities be able to qualify based on number of bedrooms and or residence?
Associate Planner Tafolla stated per the state requirements; the city has to treat them the -101-
same way we would treat a single family residential unit. We would take those items into consideration, but there is not specific standards that we apply when it relates to parking for those units.

Chair Hamerly stated we will go over the final item which is the preferred site from the two proposed areas. Were there any additional sites that showed up on the search for the high resource areas?
Community Development Director Mainez stated this exhibit started when we negotiated with the state, and they bought off on our certification. We met all the terms and the requirements; we had a really good inventory with all our future housing and the state was ready to sign off. The state reviewer is very detailed with a liberal approach to providing housing for everybody in California is a wonderful goal. The state is very familiar with our city. Our city is a very linear city what they consider Sprawl. They looked at the social economic data, the maps that the states produce monthly/ yearly. The state reviewed our data and pointed out the boundary of the high resource area. This is not adorable housing, but there is a concept that the state believes 20- 30 dwelling units are affordable. We narrowed it down to the corridor at Greenspot and looked at whose property is for sale.

Who is developing in this area or who is not? We came down to three sites, I had to eliminate one site off Santa Ana Cayon and Alta Vista because it was bought by Diversified Pacific. In the first location there are interest for a high density product, so regardless of what happens tonight, there may be an application on this property in the future.

Regarding the second site, Mr. Arnott spoke about his property, and we have discussed future vision for his property. What is on the PowerPoint in front of you is a schematic of five acres and it does look like we push as far as we can, but we are just trying to show you what 5 acres looks like. I think the appropriate zoning would be Planned Development District to allow that flexibility because there is an earthquake fault there and other geological environmental factors. It was very restrictive to the habitat and being sensitive to the neighbors.

Chair Hamerly stated when' I picture high density, even disregarding the income levels that would be associated with it, but just the product itself it seems like it is ideally suited for an infill project that is already in a higher density area or Planned Development. The bigger sites are more appropriate.

Community Development Director Mainez stated I agree and putting it by the park was another interesting concept because there is some connectivity. There are trails around the area. In defense of the state, they did not pick a site specific, they just said the easterly portion of Highland.

Chair Hamerly stated the logical best fit is to put the higher density into expanding the notion of resource rich. Resource rich is what you need to function on a day-to- day basis such as schools, churches, shopping, and transit within a very close area.

Assistant Community Development Director Stater stated we made the same argument to our consultant with the Housing Element. It seemed to be the opposite of resource rich resource rich is Central Avenue by Sherrif' s Department, library, and community center.

Chair Hamerly stated my recommendation would be that the best vehicle of achieving that is not to designate something that is out in a rural area as automatically Residental- 4 R-4 ) zone. If you have X number of acres, we need a percentage that would be for higher -102-
density, and you can density average.

Community Development Director Mainez asked the Planning Commissioners which location do you prefer?
Commissioner Miller stated option # 2.

Chair Hamerly stated option # 2, however I would not go for the Residential 4 zoning, it would have to be Planned Development District.

Assistant Community Development Director Stater stated I do not think we will be successful if we do not have 5 acres. We can put it in the Planned Development that has 20 acres.

Community Development Director Mainez stated it is clear. We will make it work.

Chair Hamerly asked are you expanding solution #2 to get beyond 5 acres? Community Development Director Mainez stated yes. It would be an overlay type ordinance tied to the Zoning Map and General Plan. That ordinance will be required to put a notation on the map referencing the 5 acre and 20 acre minimum land use.

Chair Hamerly closed the public hearing.

Commissioner McCance stated there was a typo on the resolution on page 11, to strike out regulation of marijuana use.

Chair Hamerly stated on page 47; the onsite wastewater treatment it is still a denial. There is no minimum lot size that is tied to that.

Chair Hamerly stated we are deleting item # 1, and it will be individually recited under present item # 2 and # 3. We will split this into two separate motions.

A MOTION was made by Vice Chair Thomas and seconded by Commissioner Miller to approve Resolution No. 2025 —006 recommending the City Council approve Municipal Code amendment 24- 001:

1. Introduce an Ordinance to amend Chapter 5. 34
Multiple -Family and other Rental Units) of Title 5
and amend various Chapters of Title 16 ( Land Use
and Development Code) of the Highland Municipal
Code ( HMC) for the implementation of the 6th
Housing Element Programs, mandatory State
Legislation updates, and to correct Municipal Code
ambiguities and inconsistencies. Adopt a Notice of
Exemption and instruct staff to file a Notice of
Exemption with the County Clerk of the Board.

Motion carried, 4- 0.
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A MOTION was made by Vice Chair Thomas and seconded by Commissioner Miller to approve Resolution No. 2025 —007 recommending the City Council approve Municipal Code amendment 24- 001:

Introduce an Ordinance to amend Section 16. 44. 180
Accessory Dwelling Units) of Title 16 ( Land Use and
Development Code) of the Highland Municipal Code
to implement Program 12 of the 6th Cycle Housing
Element and ensure consistency with recent State
housing legislation, including AB 671, AB 1332, AB
976, and AB 1033. The proposed amendment
promotes the development of ADUs as a means to
increase affordable housing opportunities and
ensures the City' s regulations remain compliant with
State law. Adopt a Notice of Exemption and instruct
staff to file a Notice of Exemption with the County
Clerk of the Board. Motion carried, 4- 0.

A MOTION was made by Vice Chair Thomas and seconded by Commissioner Miller to select site two from the two proposed areas under consideration for potential rezoning to accommodate high -density multifamily residential development. Staff will use the Planning Commission' s direction option # 2 to prepare a formal General Plan Amendment and Zone Change for future public hearing and Council consideration. Motion carried, 4- 0.

RESOLUTION NO. 2025 - 006

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

HIGHLAND, CALIFORNIA, RECOMMENDING THAT THE CITY
COUNCIL ADOPT AN ORDINANCE AMENDING TITLE 5 ( BUSINESS
LICENSES AND REGULATIONS), TITLE 8 ( HEALTH AND SAFETY), AND TITLE 16 ( LAND USE AND DEVELOPMENT CODE) OF THE

HIGHLAND MUNICIPAL CODE TO UPDATE DEFINITIONS, AMEND

HEIGHT STANDARDS, REVISE DESIGN REVIEW PROCESSES,

UPDATE PROVISIONS FOR ACCESSORY STRUCTURES, DWELLING

UNITS, AND ACCESSORY DWELLING UNITS, MODIFY

DEVELOPMENT DENSITY REQUIREMENTS, ADD LOW -BARRIER

NAVIGATION CENTERS, ESTABLISH SINGLE ROOM OCCUPANCY

HOUSING STANDARDS, AND MAKE A FINDING OF EXEMPTION

UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
MUNICIPAL CODE AMENDMENT MCA 24- 001)
RESOLUTION NO. 2025 - 007

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

HIGHLAND, CALIFORNIA, RECOMMENDING THE CITY COUNCIL
ADOPT AN ORDINANCE AMENDING SECTION 16. 44. 190
ACCESSORY DWELLING UNITS) OF TITLE 16 ( LAND USE

DEVELOPMENT CODE) OF THE HIGHLAND MUNICIPAL CODE TO

UPDATE REQUIREMENTS IN ACCORDANCE WITH STATE LAW, AND

MAKE A FINDING OF EXEMPTION UNDER THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT ( MUNICIPAL CODE AMENDMENT
MCA 24- 001)
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STAFF REPORT

TO THE CITY COUNCIL
DATE: May 13, 2025
FROM: Carlos Zamano, City Manager
REVIEWED BY: Maricela E. Marroquin, City Attorney
V
PREPARED BY: Leticia Nava -Cruz, Director of Administrative Services/ City Treasurer SUBJECT: First Amendment to the City Manager Employment Agreement between Carlos Zamano and the City of Highland.

RECOMMENDATION: That the City Council authorize the Mayor to execute the First Amendment to the City Manager Employment Agreement between Carlos Zamano and the City of Highland.

FISCAL IMPACT: Total Salary of $264, 920 annually.

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

BACKGROUND: On March 13, 2024, the City Council selected Carlos Zamano as the top candidate for the City Manager position after an extensive recruitment process. The City Council also approved an Employment Agreement with Carlos Zamano to serve as the City Manager.

The City Council and City Manager desire to amend the Agreement to increase the compensation to the City Manager following an annual performance review. As directed by the City Council, the City Attorney drafted the attached proposed First Amendment to the Agreement which has been reviewed, accepted, and signed by Carlos Zamano. The main points of the amendment to the agreement are as follows:

Annual salary of $252,310 or $21, 025. 83 monthly to be effective on March 12, 2025.

Continue to receive bilingual pay which is 5% of the current salary. This amounts to an additional $ 1, 051. 29 per month or $ 12, 615. 50 annually. This would bring the Approved Motion Second Agenda Item No. _
Denied Ayes
Continued Noes File No.

Tabled Abstain
bsent
City Clerk
-1-
annual salary to $264, 920 ( rounded down)
If the City Council approves revisions to the bilingual pay structure for all City employees, then effective July 1, 2025, the base salary shall be $ 261, 560 and bilingual pay shall be 280 per month. With the addition of the bilingual pay, the annual salary will be $ 264, 920.

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

Vehicle allowance of $800 per month.

Be provided with a combined contribution to the ICMA Deferred Compensation Plan. For each $ 2. 00 of voluntary contributions made, the City will contribute $ 1. 00 up to the maximum allowed combined contribution limit. In 2025, the maximum contribution is 31, 000. The City' s responsibility of this amount would be $ 10, 333 or 33%.

Keep the same benefits that is currently being received such as: Cafeteria Plan of $1, 550 per month, Life insurance, and PIERS retirement 2% at 55.

Keep the current accrued leave balances.

Delete the provision that allows the City Manager to have a one-time opportunity to buy back 100 hours of accrued vacation leave, as the City Manager has already used this buy back option.

The City Attorney has prepared the attached First Amendment to the City Manager Agreement and has approved as to form.

Attachments:

A. Current City Manager agreement
B. Draft First Amendment to City Manager agreement
-2-

FIRST AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT
THIS FIRST AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT (" First Amendment") is entered into as of the 13th day of May, 2025 (" Effective Date"), by and between the CITY OF HIGHLAND, a general law city and municipal corporation ofthe State of California the " City"), and Carlos Zamano, an individual (" Employee" or the " City Manager"). The City and the Employee are sometimes individually referred to as a " Party" and collectively as the Parties."

RECITALS
A. On March 13, 2024, the City and City Manager entered into a City Manager Employment Agreement (" Agreement") whereby Carlos Zamano was employed to serve as the City Manager for the City of Highland.

B. The City and City Manager desire to amend the Agreement to increase the compensation to the City Manager as set forth below.

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

AGREEMENT
In consideration of the mutual covenants and conditions set forth herein, the Parties agree as follows:

1. Section 3 ofthe Agreement entitled " COMPENSATION is hereby replaced in its entirety to read as follows:

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

A. Base Salary.
1) Effective March 12, 2025, the annual base salary for the position of City Manager shall be $ 252, 310. In addition to the annual base salary, Employee shall continue to receive bilingual pay which is 5% of his current salary. With the addition of bilingual pay, Employee' s annual salary shall be $ 264, 920 ( rounded down). If the City Council approves revisions to the bilingual pay structure for all City employees, then effective July 1, 2025, the City Manger' s base salary shall be $ 261, 560 and bilingual pay shall be $ 280 per month. With the addition of bilingual pay, Employee' s annual salary shall be $ 264, 920. Employee' s salary is compensation for all hours worked and for all services under this Agreement, including those as an Executive Director or involving any other position, office or appointment associated with the City.
2) Employee shall receive the same Cost -of -Living Adjustment ( COLA) as City employees.

Page - 1- of 3
11026- 0001 \ 3102441 v2. doc
-3-
3) A merit salary increase or other salary/ benefit incentives may be considered by the City Council at an annual performance review.
4) Employee shall be paid at the same intervals and in the same manner as regular City employees.

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

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

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

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

E. Automobile. Employee is on call twenty-four hours per day, and is expected to use, maintain and insure his personal vehicle such that it is available at all times for his use on City business. In consideration of these requirements, Employee shall receive a vehicle allowance of 800. 00 per month. This allowance is intended to cover the entire cost of the Employee' s automobile, including, but not limited to, purchase, depreciation, maintenance, repair, insurance and mileage. Employee shall be required to provide proof of vehicle liability insurance in the amounts and in the form and with the endorsements required by the City.

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

2. Except for the expressly amended or modified terms specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect.

Page - 2- of 3
11026- 0001\ 3102441vldoc
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IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year first above written.

CITY"
Penny Lilburn, Mayor
ATTEST:

Alondra Munoz, City Clerk
APPROVED AS TO FORM:

Maricela E. Marroquin, City Attorney
CITY MANAGER" / " EMPLOYEE"
Carlos Zamano, anager
11026- 0001\ 3102441 vldoc
Page - 3- of 3
-5-

STAFF REPORT

TO THE CITY COUNCIL
DATE: May 13, 2025
FROM: Carlos Zamano, City Manager
PREPARED BY: Alondra Munoz, City Clerk
SUBJECT: City Manager Report and Comments
Work Program, Regional/ Legislative/ Development Issues, Subcommittees, etc.)
RECOMMENDATION: Discussion and possible action.

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

File No.

C X _ J---
City Manager
-1-

STAFF REPORT

TO THE CITY COUNCIL
DATE: May 13, 2025
FROM: Carlos Zamano, City Manager
PREPARED BY: Alondra Munoz, City Clerk
SUBJECT: Council Member Comments
Agency/ Committee/ AB1234 Reports, District Updates, etc.) RECOMMENDATION: Discussion and possible action.

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

File No.

JCity Manager
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