Agenda packet, regular meeting — Laguna Hills City Council, August 26, 2025 (part 3 of 3)

Fuel Modification Plans Design: C-05 January 1, 2023
16 ATTACHMENT 2
Introductory Maintenance Information
The FMZ, SMA, RPZ shall be maintained in perpetuity for fire safety purposes and shall cause a covenant to be recorded and referenced in the CC&Rs or on the property title when there is no HOA involvement.

Emergency access covenants shall be identified on the tract map indicating the reservation and restriction for permanent entry by the HOA or Fire Authority.

Select either Option #1 or #2 below

1. Option #1 Maintenance Method:
a. On-going maintenance shall occur to preserve the originally approved design found on the approved plans. Attachment 6: Requirements for Planting Installation in Fuel Modification Zones spacing is required and only approved planting species and arrangements on the plans are perpetually preserved. b. The property owner is responsible for all maintenance of FMZ, SMA, and RPZ.
c. Two maintenance activities shall be performed each year. 1) The first during middle- to late-Spring and the second in early- to middleFall. d. Other activities include:
1) Grasses cut to 4 inches after annual seeding
2) Dead and dying, all vegetation litter, and Attachment 7: Undesirable and Invasive Plant Species removed from all zones
3) Maintenance of irrigation systems
4) Replacement of dead or dying vegetation with approved species (proposed changes shall be approved by OCFA)
5) Removal of trees and shrubs not on the approved plans e. If maintained by an HOA, the landscape maintenance company and/or property manager shall inspect the FMZs throughout the year to identify where specific maintenance activities need to take place. f. The OCFA may conduct inspections of established fuel modification areas.

Ongoing maintenance shall be conducted a minimum of twice each year regardless of the dates of these inspections.
g. The property owner shall retain all approved Fuel Modification Plans. The design and information on the plans shall be used as the basis for maintenance.

2. Option #2 Maintenance Method (when approved by OCFA):

Ongoing maintenance shall occur per the current posted OCFA Vegetation Management Maintenance Guidelines at www.ocfa.org. Distances of FMZ, SMA, and RPZ will always remain required and will be specific to the approved Fuel Modification Plan.

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Fuel Modification Plans Design: C-05 January 1, 2023
17 Slope (Grade)
60° (173%)
50° (119%)
45° (100%)
40° (84%)
35° (70%)
30° (58%)
25° (47%)
20° (36%)
15° (27%)
10° (18%)
Zone A Zone B Zone C Zone D
ATTACHMENT 3
Incline Measurement for Selected Slopes
(See Attachment 4: Zone Marker Details)
Slope Zone Width

A B C D
0° 20’ 50’ 50’ 50’
10° 20’ 51’ 51’ 51’
15° 20’ 52’ 52’ 52’
20° 20’ 53’ 53’ 53’
25° 20’ 55’ 55’ 55’
30° 20’ 58’ 58’ 58’
35° 20’ 61’ 61’ 61’
40° 20’ 65’ 65’ 65’
45° 20’ 71’ 71’ 71’
50° 20’ 78’ 78’ 78’
60° 20’ 100’ 100’ 100’

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Fuel Modification Plans Design: C-05 January 1, 2023
18 2'
-0'' ABOVE MATURE PLANT
GROWTH (4'
-0'' MIN.)
ATTACHMENT 4
Zone Marker Details
(Marker Distances Shall Be Increased on Slopes to Accommodate Incline Measurements in Accordance with Attachment 3: Incline Measurement for Selected Slopes) Note: An alternate design may be proposed and approved on a case-by-case basis (e.g., using a large boulder, existing fencing, permanent fixtures, etc.).

1. POST CAP

2. 2”X5” ZONE INDICATOR

3. 1 ½” DIAMETER GALVANIZED POST

4. CONCRETE FOOTING 2500 PSI @ 28 DAYS

5. FINISH GRADE

6. COMPACTED SUBGRADE
1 2
4 3
5 1’-0”
4’-0”
1”
2’-6”
6”

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Fuel Modification Plans Design: C-05 January 1, 2023
19 ATTACHMENT 5
Sample CC&R Maintenance Language
It is recommended that the following language be included in the CC&Rs recorded for a common interest development:
“The duty of the homeowners’ association to perform ‘Fire Prevention Maintenance’ (as defined below) for all Fuel Modification Zones, Special Maintenance Areas, Roadway Protection Zone, and manufactured interior slopes within the development shall be included as an express obligation in the recorded CC&Rs for the development. Similarly, each Owner whose Lot (or Condominium) is subject to FMZ restrictions (e.g., noncombustible structure setback, etc.) shall be obligated to comply with such restrictions.”

1. The OCFA will be designated as a third-party beneficiary of an HOA’s duty to perform “Fire Prevention Maintenance” (as defined below) for all portions of the Association Property or Common Area that constitute FMZs and designated interior/manufactured slopes to be maintained by the H O A , and of any Owner’s duty to comply with any FMZ restrictions applicable to their lot or condominium.

Additionally, OCFA shall have the right, but not the obligation, to enforce the HOA’s duty to perform such Fire Prevention Maintenance, and to enforce compliance by any owner with any FMZ restrictions applicable to their lot or condominium. In furtherance of such right, the OCFA shall be entitled to recover its costs of suit, including its actual attorneys’ fees, if it prevails in an enforcement action against an HOA and/or an individual owner (a sample third-party beneficiary provision to be incorporated into the CC&Rs is attached hereto as Addendum "1").

2. As used herein, "Fire Prevention Maintenance" shall mean the following:
a. All portions of the Association Property or Common Area that constitute FMZs or designated interior/manufactured slopes shall be regularly maintained by the HOA on a year-round basis in accordance with the fuel modification plan on file with the property manager for the development. b. The irrigation system for FMZs or designated interior/manufactured slopes shall be kept in good condition and proper working order at all times. The irrigation system shall not be turned off except for necessary repairs and maintenance.

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Fuel Modification Plans Design: C-05 January 1, 2023
20 ADDENDUM “1”
Enforcement by the Orange County Fire Authority (OCFA): The OCFA is hereby designated as an intended third-party beneficiary of the Association’s duties to perform “Fire Prevention Maintenance” for all portions of the Association Property or Common Areas consisting of FMZs or designated interior/manufactured slopes in accordance with the fuel modification plan, and of each owner’s duty to comply with any FMZ or designated interior/manufactured slopes restrictions applicable to their lot or condominium as set forth in the fuel modification plan. In furtherance thereof, the OCFA shall have the right, but not the obligation, to enforce the performance by the association of its duties and any other fire prevention requirements which were imposed by the OCFA or other public agency as a condition of approval for the development (e.g., prohibition of parking in fire lanes, maintenance of the blue reflective markers indicating the location of fire hydrants, etc.). The OCFA shall also have the right, but not the obligation, to enforce compliance by any owner with any FMZ or designated interior/manufactured slopes restrictions applicable to their lot or condominium as set forth in the fuel modification plan. If in its sole discretion, the OCFA shall deem it necessary to take legal action against the association or any owner to enforce such duties or other requirements, and prevails in such action, the OCFA shall be entitled to recover the full costs of said action including its actual attorneys' fees, and to impose a lien against the association property, or an owner’s lot or condominium, as the case may be, until said costs are paid in full.

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Fuel Modification Plans Design: C-05 January 1, 2023
21 ATTACHMENT 6
Requirements for Planting Installation in Fuel Modification Zones (For ongoing requirements, see Attachment 2: Introductory Maintenance Information and the OCFA Vegetation
Management Maintenance Guidelines)
Vertical
Separation
Vegetation
Underneath
10’ min
min
2’ max
Horizontal Spacing
Shrub Height
-3x or 15’min for Shrubs
-30’ min for Trees
6’ max
Shrub and Tree Form Shrub Horizontal Grouping and Spacing (when > 2 feet in height) as measured from the edge of the group 15 feet or 3 times
the tallest in any
of the groups

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Fuel Modification Plans Design: C-05 January 1, 2023
22 ATTACHMENT 7
Undesirable and Invasive Plant Species
Certain plants are considered to be undesirable and invasive due to their physical or chemical characteristics. Physical properties that would contribute to high flammability include large amounts of dead material retained within the plant, rough or peeling bark, and the production of copious amounts of litter. Chemical properties include the presence of volatile substances such as oils, resins, wax, and pitch. Certain native plants are notorious for containing these volatile substances.

Plants with these characteristics shall not be planted in any fuel modification zones or anywhere within the area covered by Alternate Methods & Materials agreements (see Section 4: Alternate Materials & Methods). Should these species already exist within these areas, they shall be removed because of their invasiveness or potential threat they pose to structures.

PLANT SPECIES (MANDATORY REMOVAL)
Botanical Name Common Name
Adenostoma Fasciculatum Chamise
Adenostoma Sparsifolium Red Shanks
Anthemix Cotula Mayweed
Artemisia Californica California Sagebrush
Brassica Nigra Black Mustard
Brassica Rapa Wild Turnip, Yellow Mustard, Field Mustard Cardaria Draba Hoary Cress, Perennial Peppergrass
Cirsium Vulgare Wild Artichoke
Conyza Canadensis Horseweed
Cynara Cardunculus Artichoke Thistle
Eriogonum Fasciculatum Common Buckwheat
Heterothaca Grandiflora Telegraph Plant
Lactuca Serriola Prickly Lettuce
Nassella/Stipa tenuissima Mexican Feathergrass
Nicotiana Bigelevil Indian Tobacco
Nicotiana Glauca Tree Tobacco
Pennisetum alopecuroides Fountain Grass
Ricinus Communis Castor Bean Plant
Sacsola Austails Russian Thistle/Tumbleweed
Salvia Mellifera Black Sage
Silybum Marianum Milk Thistle
Tamarix Ramosissima Salt Cedar
Urtica Urens Burning Nettle
Ornamental:

Arecaceae (all palm species) Palms
Cycas Revoluta Sago Palms
Cortaderia Pampas Grass
Cupressus sp Cypress
Eucalyptus sp Eucalyptus
Juniperus sp Juniper
Pinus sp Pine

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Fuel Modification Plans Design: C-05 January 1, 2023
23 ATTACHMENT 8
Fuel Modification Zone Plant List
Symbol Legend
X = Plant species prohibited in wet and dry FMZs adjacent to reserve lands. Acceptable on all other fuel modification locations and zones.

W = Plant species appropriate for use in wet FMZs adjacent to reserve lands. Acceptable in all other wet and irrigated dry (manufactured slopes) fuel modification locations and zones. o = Plant species native to Orange County. Acceptable in all fuel modification wet and dry zones in all locations.

N = Plant species acceptable on a limited basis (maximum 30% of the area) in wet FMZs adjacent to reserve lands. Acceptable on all other FMZs. * = If locally collected.
** = Not native but can be used in all zones.
n = Plant species acceptable on a limited use basis. Refer to qualification requirements following plant palette.

Yellow row = Plant species susceptible to Invasive Shot Hole Borers (ISHB) infestation.

Code Botanical Name Common Name Plant Form

1. W Abelia x grandiflora Glossy Abelia Shrub

2. n Acacia redolens desert carpet Desert Carpet Ground Cover

3. o Acer macrophyllum Big Leaf Maple Tree

4. X Achillea millefolium Common Yarrow Low Shrub

5. W Achillea tomentosa Woolly Yarrow Low Shrub

6. X Aeonium decorum Aeonium Ground cover

7. X Aeonium simsii no common name Ground cover

8. W Agave attenuata Century Plant Succulent

9. W Agave shawii Shaw’s Century Plant Succulent

10. N Agave victoriae-reginae no common name Ground Cover

11. X Ajuga reptans Carpet Bugle Ground Cover

12. W Alnus cordata Italian Alder Tree

13. o Alnus rhombifolia White Alder Tree

14. N Aloe arborescens Tree Aloe Shrub

15. N Aloe aristata no common name Ground Cover

16. N Aloe brevifoli no common name Ground Cover

17. W Aloe Vera Medicinal Aloe Succulent

18. W Alogyne huegeii Blue Hibiscus Shrub

19. o Ambrosia chammissonis Beach Bur-Sage Perennial

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Fuel Modification Plans Design: C-05 January 1, 2023
24 Code Botanical Name Common Name Plant Form

20. o Amorpha fruticosa Western False Indigobush Shrub

21. W Anigozanthus flavidus Kangaroo Paw Perennial/accent 22 o Antirrhinum nuttalianum ssp. no common name Subshrub

23. X Aptenia cordifolia x ‘Red Apple’ Red Apple Aptenia Ground cover

24. W Arbutus unedo Strawberry Tree Tree

25. W Arctostaphylos ‘Pacific Mist’ Pacific Mist Manzanita Ground Cover

26. W Arctostaphylos edmundsii Little Sur Manzanita Ground Cover

27. o Arctostaphylos glandulosa ssp. Eastwood Manzanita Shrub

28. W
Arctostaphylos hookeri ‘Monterey
Carpet’ Monterey Carpet Manzanita Low Shrub

29. N Arctostaphylos pungens no common name Shrub

30. N Arctostaphylos refugioensis Refugio Manzanita Shrub

31. W Arctostaphylos uva-ursi Bearberry Ground Cover

32. W Arctostaphylos x ‘Greensphere’ Greensphere Manzanita Shrub

33. N Artemisia caucasica Caucasian Artesmisia Ground Cover

34. X Artemisia pycnocephala Beach Sagewort Perennial

35. X Atriplex canescens Four-Wing Saltbush Shrub

36. X Atriplex lentiformis ssp. breweri Brewer Saltbush Shrub

37. o Baccharis emoyi Emory Baccharis Shrub

38. W o Bacharis pilularis ssp. Consanguinea Chaparral Bloom Shrub

39. X Baccharis pilularis var. pilularis Twin Peaks #2 Ground Cover

40. o Baccharis salicifolia Mulefat Shrub

41. N Baileya Multiradiata Desert Marigold Ground Cover

42. N n Bougainvillea spectabilis Bougainvillea Shrub

43. o Brickellia californica no common name Subshrub

44. W o Bromus carinatus California Brome Grass

45. o Camissonia cheiranthifiloa Beach Evening Primrose Perennial Shrub

46. N Carissa macrocarpa Green Carpet Natal Plum Ground Cover/Shrub

47. X Carpobrotus chilensis Sea Fig Ice Plant Ground Cover

48. W Ceanothus gloriosus ‘Point Reyes’ Point Reyes Ceanothus Shrub

49. W Ceanothus griseus ‘Louis Edmunds’ Louis Edmunds Ceanothus Shrub

50. W Ceanothus griseus horizontalis Yankee Point Ground Cover

51. W Ceanothus griseus var. horizontalis Carmel Creeper Ceanothus Shrub

52. W Ceanothus griseus var. horizontalis Yankee Point Ceanothus Shrub

53. o Ceanothus megarcarpus Big Pod Ceanothus Shrub

54. W Ceanothus prostratus Squaw Carpet Ceanothus Shrub

55. o Ceanothus spinosus Green Bark Ceanothus Shrub

56. W Ceanothus verrucosus Wart-Stem Ceanothus Shrub

57. W Cerastium tomentosum Snow-in-Summer Ground cover/Shrub

58. W Ceratonia siliqua Carob Tree

59. W Cercis occidentalis Western Redbud Shrub/Tree

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Fuel Modification Plans Design: C-05 January 1, 2023
25 Code Botanical Name Common Name Plant Form

60. X Chrysanthemum leucanthemum Oxeye Daisy Ground Cover

61. W Cistus Crispus no common name Ground Cover

62. W Cistus hybridus White Rockrose Shrub

63. W Cistus incanus no common name Shrub

64. W Cistus incanus ssp. Corsicus no common name Shrub

65. W Cistus salviifolius Sageleaf Rockrose Shrub

66. W Cistus x purpureus Orchid Rockrose Shrub

67. W Citrus species Citrus Tree

68. o Clarkia bottae Showy Fairwell to Spring Annual

69. o Cneoridium dumosum Bushrue Shrub

70. o Collinsia heterophyllia Chinese Houses Annual

71. W o Comarostaphylis diversifolia Summer Holly Shrub

72. N Convolvulus cneorum Bush Morning Glory Shrub

73. W Coprosma kirkii Creeping Coprosma Ground Cover/Shrub

74. W Coprosma pumila Prostrate Coprosma Low shrub

75. o Coreopsis californica Califiornia Coreopsis Annual

76. W Coreopsis lanceolata Coreopsis Ground Cover

77. N Corea pulchella Australian Fuscia Ground Cover

78. W Cotoneaster buxifolius no common name Shrub

79. W Cotoneaster congestus ‘Likiang’ Likiang Cotoneaster Ground Cover/Vine

80. W Cotoneaster aprneyi no common name Shrub

81. X Crassula lactea no common name Ground Cover

82. X Crassula multicava no common name Ground Cover

83. X Crassula ovata Jade Tree Shrub

84. X Crassula tetragona no common name Ground Cover

85. W o Croton californicus California Croton Ground Cover

86. X Delosperma ‘alba’ White trailing Ice Plant Ground Cover

87. o Dendromecon rigida Bush Poppy Shrub

88. o Dichelostemma capitatum Blue Dicks Herb

89. N Distinctis buccinatoria Blood-Red Trumpet Vine Vine/Climbing vine

90. N Dodonaea viscosa Hopseed Bush Shrub

91. X Drosanthemum floribundum Rosea Ice Plant Ground Cover

92. X Drosanthemum hispidum no common name Ground Cover

93. X Drosanthemum speciosus Dewflower Ground Cover

94. o Dudleya lanceolata Lance-leaved Dudleya Succulent

95. o Dudleya pulverulenta Chalk Dudleya Succulent

96. W Elaeagnus pungens Silverberry Shrub

97. o Encelia californica California Encelia Small Shrub

98. o * Epilobium canum [Zauschneria
californica] Hoary California Fuschia Shrub

99. o Eriastrum Sapphirinum Mojave Woolly Star Annual
100. N Eriobotrya japonica Loquat Tree

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Fuel Modification Plans Design: C-05 January 1, 2023
26 Code Botanical Name Common Name Plant Form
101. o Eriodictycon trichocalyx Yerba Santa Shrub
102. W o Eriophyllum confertiflorum no common name Shrub 103. W Erythrina species Coral Tree Tree
104. N Escallonia species Several varieties Shrub
105. W o Eschscholzia californica California Poppy Flower 106. X Eschscholzia mexicana Mexican Poppy Herb
107. N Euonymus fortunei Winter Creeper Euonymus Ground Cover 108. N Feijoa sellowiana Pineapple Guava Shrub/Tree
109. N Fragaria chiloensis Wild Strawberry/Sand Strawberry Ground Cover 110. o Frankenia salina Alkali Heath Ground Cover
111. W Fremontondendron californicum California Flannelbush Shrub 112. X Gaillardia x grandiflora Blanketflower Ground Cover 113. W Galvezia speciosa Bush Snapdragon Shrub
114. W Garrya ellipta Silktassel Shrub
115. X Gazania hybrids South African Daisy Ground Cover 116. X Gazania rigens leucolaena Training Gazania Ground Cover 117. o Gilia capitata Globe Gilia Perennial
118. W Gilia leptantha Showy Gilia Perennial
119. W Gilia tricolor Bird’s Eyes Perennial
120. W Ginkgo biloba Maidenhair Tree Tree
121. o Gnaphalium californicum California Everlasting Annual 122. W Grewia occidentalis Starflower Shrub
123. o Grindelia stricta Gum Plant Ground Cover
124. N n Hakea suaveolens Sweet Hakea Shrub
125. W Hardenbergia comptoniana Lilac Vine Shrub
126. N Heliathemum muutabile Sunrose Ground Cover/Shrub 127. o Helianthemum scoparium Rush Rose Shrub
128. o Heliotropium curassavicum Salt Heliotrope Ground Cover 129. X Helix Canariensis English Ivy Ground Cover
130. W Hesperaloe parviflora Red Yucca Perennial
131. o n Heteromeles arbutifolia Toyon Shrub
132. X Hypericum calycimum Aaron’s Beard Shrub
133. N Iberis sempervirens Edging Candytuft Ground Cover 134. N Iberis umbellatum Globe Candytuft Ground Cover
135. o Isocoma menziesii Coastal Goldenbush Small Shrub 136. o Isomeris arborea Bladderpod Shrub
137. W Iva hayesiana Poverty Weed Ground Cover
138. N Juglans californica California Black Walnut Tree 139. o Juncus acutus Spiny Rush Perennial
140. o Keckiella antirrhinoides Yellow Bush Penstemon Subshrub 141. o Keckiella cordifolia Heart Leaved Penstemon Subshrub

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Fuel Modification Plans Design: C-05 January 1, 2023
27 Code Botanical Name Common Name Plant Form
142. o Keckiella ternata Blue Stemmed Bush Penstemon Subshrub 143. W Kniphofia uvaria Red Hot Poker Perennial
144. W Lagerstroemia indica Crape Myrtle Tree
145. W Lagunaria patersonii Primrose Tree Tree
146. X Lamprathus aurantiacus Bush Ice Plant Ground Cover 147. X Lampranthus filicaulis Redondo Creeper Ground Cover 148. X Lampranthus spectabilis Trailing Ice Plant Ground Cover 149. W Lantana camara cultivars Yellow Sage Shrub
150. W Lantana montevidensis Trailing Lantana Shrub
151. o Lasthenia californica Dwarf Goldfields Annual
152. W Lavandula dentata French Lavender Shrub
152. W Leptospermum laevigatum Australian Tea Tree Shrub 154. W Leucophyllum frutescens Texas Ranger Shrub
155. o Leymus condensatus Giant Wild Rye Large Grass
156. N Ligustrum japonicum Texas privet Shrub
157. X Limonium pectinatum no common name Ground Cover
158. X Limonium perezii Sea Lavender Shrub
159. W n Liquidambar styraciflua American Sweet Gum Tree 160. W Liriodendron tulipfera Tulip Tree Tree
161. X Lonicera japonica ‘Halliana’ Hall’s Japanese Honeysuckle Vining Shrub 162. o Lonicera subspicata Wild Honeysuckle Vining Shrub 163. X Lotus corniculatus Bird’s Foot Trefoil Ground Cover 164. o Lotus hermannii Northern Woolly Lotus Perennial
165. o Lotus scoparius Deerweed Shrub
166. W Lupinus arizonicus Desert Lupine Annual
167. W Lupinus benthamii Spider Lupine Annual
168. o Lupinus bicolor Sky Lupine Flowering annual
169. o Lupinus sparsiflorus Loosely Flowered Annual Lupine or Coulter’s Lupine Annual
170. W
Lyonothamnus floribundus
ssp. Asplenifolius Fernleaf Ironwood Tree
171. W Macadamia integrifolia Macadamia Nut Tree
172. W
Mahonia aquifolium ‘Golden
Abundance’ Golden Abundance Oregon Grape Shrub
173. W Mahonia nevenii Nevin Mahonia Shrub
174. o Malacothamnus fasciculatus Chapparal Mallow Shrub 175. X Malephora luteola Training Ice Plant Ground Cover 176. W Maytenus boaria Mayten Tree Tree
177. W Melaleuca nesophila Pink Melaleuca Shrub
178. N Metrosideros excelsus New Zealand Christmas Tree Tree 179. o * Mimulus species Monkeyflower Flower
180. o Mirabilis californica Wishbone Bush Perennial
181. N Myoporum debile no common name Shrub

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Fuel Modification Plans Design: C-05 January 1, 2023
28 Code Botanical Name Common Name Plant Form
182. W Myoporum insulare Boobyalla Shrub
183. W Myoporum parvilfolium no common name Ground Cover 184. W Myoporum ‘Pacificum’ no common name Ground Cover 185. o Nassella (stipa) lepidra Foothill Needlegrass Ground Cover 186. o Nassella (stipa) pulchra Purple Needlegrass Ground Cover 187. o Nemophilia menziesii Baby Blue Eyes Annual
188. X Nerium Oleander Oleander Shrub
189. o Nolina cismontana Chapparal Nolina Shrub
190. N Nolina species Mexican Grasstree Shrub
191. W Oenothera belandieri Mexican Evening Primrose Ground Cover 192. N Oenothera hookeri California Evening Primrose Flower 193. W Oenothera speciosa Show Evening Primrose Perennial 194. X Ophiopogon japonicus Mondo Grass Ground Cover
195. o * Opuntia littoralis Prickly Pear Cactus
196. o * Opuntia oricola Oracle Cactus Cactus
197. o * Opuntia prolifera Coast Cholla Cactus
198. W Osmanthus fragrans Sweet Olive Shrub
199. X Osteospermum fruticosum Training African Daisy Ground Cover 200. X Parkinsonia aculeata Mexican Palo Verde Tree
201. W Pelargonium peltatum Ivy Geranium Ground Cover
202. X Penstemon species Beard Tongue Shrub
203. W Photinia fraseria no common name Shrub
204. W Pistacia chinesis Chinese Pistache Tree
205. X Pittosporum undulatum Victorian Box Tree
206. o Plantago erecta California Plantain Annual
207. ** Plantago insularis Woolly Plantain Annual
208. X Plantago sempervirens Evergreen Plantain Ground Cover 209. W Plantanus racemosa California Sycamore Tree
210. W Plumbago auritulata Plumbago Cape Shrub
211. o Popolus fremontii Western Cottonwood Tree
212. X Portulacaria afra Elephant’s Food Shrub
213. o Potentilla glandulosa Sticky Cinquefoil Subshrub 214. X Potentilla tabernaemontanii Spring Cinquefoil Ground Cover 215. X Prunus caroliniana Carolina Cherry Laurel Shrub/Tree 216. o Prunus ilicifolia ssp. Ilicifolia Holly Leafed Cherry Shrub 217. X Prunus lyonii Catalina Cherry Shrub/Tree
218. N Punica granatum Pomegranate Shrub/Tree
219. W Puya species Puya Succulent/Shrub
220. W Pyracantha species Firethorn Shrub
221. o Quercus agrifolia Coast Live Oak Tree
222. o n * Quercus berberdifolia California Scrub Oak Shrub 223. o n * Quercus dumosa Coastal Scrub Oak Shrub

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Fuel Modification Plans Design: C-05 January 1, 2023
29 Code Botanical Name Common Name Plant Form
224. X Quercus engelmannii Engelmann Oak Tree
225. X Quercus suber Cork Oak Tree
226. X Rhamnus alaternus Italian Buckthorn Shrub
227. o Rhamnus californica California Coffee Berry Shrub 228. o Rhamnus crocea Redberry Shrub
229. o Rhamnus crocea ssp. Ilicifolia Hollyleaf Redberry Shrub 230. N Rhaphiolepis species Indian Hawthorne Shrub
231. o Rhus integrifolia Lemonade Berry Shrub
232. N Searsia Lancea African Sumac Tree
233. o n Rhus ovata Sugar bush Shrub
234. o Ribes aureum Golden Currant Shrub
235. o Ribes indecorum White Flowering Currant Shrub
236. o Ribes speciosum Fuschia Flowering Gooseberry Shrub 237. W Ribes viburnifolium Evergreen currant Shrub
238. o * Romneya coulteri Matilija Poppy Shrub
239. X Romneya coulteri ‘White Cloud’ White Cloud Matilija Poppy Shrub 240. W n Rosmarinus officinalis Rosemary Shrub
241. W n Salvia greggii Autums Sage Shrub
242. W n Salvia sonomensis Creeping Sage Ground Cover
243. o Sambucus mexicana Mexican Elderberry Tree
244. W Santolina chamaecyparissus Lavender Cotton Ground Cover 245. W Santolina virens Green Lavender Cotton Shrub
246. o Satureja chandleri San Miguel Savory Perennial
247. o Scirpis scutus Hard Stem Bulrush Perennial
248. o Scirpus californicus California Bulrush Perennial 249. X Sedum acre Goldmoss Sedum Ground Cover
250. X Sedum album Green Stonecrop Ground Cover
251. X Sedum confusum no common name Ground Cover
252. X Sedum lineare no common name Ground Cover
253. X Sedum x rubrotinctum Pork and Beans Ground Cover 254. X Senecio serpens no common name Ground Cover
255. o Sisyrinchium bellum Blue Eyed Grass Ground Cover 256. o Solanum douglasii Douglas Nightshade Shrub
257. o Solanum xantii Purple Nightshade Perennial
258. W Stenicarpus sinuatus Firewheel Tree Tree
259. W Strelitzia nicolai Giant Bird of Paradise Perennial 260. W Strelitzia reginae Bird of Paradise Perennial
261. o Symphoricarpos mollis Creeping Snowberry Shrub
262. W Tecoma stans (Stenolobium stans) Yellow Bells Shrub/Small Tree 263. X Tecomaria capensis Cape Honeysuckle Ground Cover 264. N Teucarium chamedrys Germander Ground Cover
265. N Thymus serpyllum Lemon Thyme Ground Cover

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Fuel Modification Plans Design: C-05 January 1, 2023
30 Code Botanical Name Common Name Plant Form
266. N Trachelospermum jasminoides Star Jasmine Shrub
267. o Trichosstems lanatum Woolly Blue Curls Shrub
268. X Trifolium hirtum ‘Hyron’ Hyron Rose Clover Ground Cover 269. X Trifolium fragerum ‘O’Connor’s’ O’Connor’s Legume Ground Cover 270. o Umbellularia californica California Laurel Tree
271. o Verbena lasiostachys Western Vervain Perennial
272. N Verbena peruviana no common name Ground Cover
273. X Verbena species Verbena Ground Cover
274. X Vinca minor Dwarf Periwinkle Ground Cover
275. o Vitis girdiana Desert Wild Grape Vine
276. X Vulpia myuros ‘Zorro’ Zorro Annual Fescue Grass
277. W Westringia fruticosa no common name Shrub
278. W Xannithorrhoea species Grass Tree Perennial, Accent shrub 279. W Xylosma congestum Shiny Xylosma Shrub
280. X Yucca Species Yucca Shrub
281. o Yucca whipplei Yucca Shrub

Page 297 of 338 ends

Fuel Modification Plans Design: C-05 January 1, 2023
31 Approved Plant Palette Qualification Statements for Select Plant Species

2. Acacia redolens desert carpet: May be used in the furthest ½ of the “B” FMZ from the structure, and no closer than 25 feet from the edge of the zone nearest the structure. The plants may be planted with a minimum spacing at 10 feet on center, maximum spacing in meandering zones not to exceed a mature width of 24 feet and mature height of 24 inches.

If acacia redolens desert carpet is used in the roadway protection zone, it shall be maintained at a minimum of 25 feet from the curb face. At the time of precise plan review, the mature spacing shall be accounted for.

42. Bougainvillea spectabilis (procumbent varieties): Procumbent to mounding varieties may be used in the mid “B” FMZ. The plants may be planted in groups at 6 feet on center spacing not to exceed eight plants per group. Mature spacing between individual plants or groups shall be at a 30 foot minimum.
125. Hakea suaveolens: May be used in the mid “B” FMZ. The plants shall be used as single specimens with mature spacing between plants of 30 feet minimum. 132. Heteromeles arbutifolia: May be used in the mid to lower “B” FMZ. The plants may be planted in groups of up to 3 plants per group. Mature spacing between individual plants or groups shall be at a 30 foot minimum.
160. Liquidambar styraciflua: May be used in the mid “B” FMZ. The plant shall be used as single specimens with mature spacing between trees and a 30 foot minimum. 223. Quercus berberdifolia: Additional information may be required as directed by the OCFA unless approved on the plan as shown.
224. Quercus dumosa: May be used in the mid to lower “B” FMZ. The plants may be planted in groups of up to 3 plants per group. Mature spacing between individual plants or groups shall be at a 30 foot minimum.
234. Rhus ovata & Rhus integrifolia: May be used in the mid to lower “B” FMZ of inland areas only. The plants may be planted in groups of up to 3 plants per group. Mature spacing between individual plants or groups shall be at a 30 foot minimum. 241. Rosmarinus officinalis: When used as a ground cover, it shall be maintained at 2 feet in height. Additional information may be required as directed by the OCFA. 242. Salvia greggii: Additional information may be required as directed by the OCFA unless approved on the plan as shown.
243. Salvia sonomensis: May be used in the mid to upper “B” FMZ. The plants may be planted in groups of up to 3 plants per group. Mature spacing between individual plants or groups shall be at a 15 foot minimum.

Page 298 of 338 ends

Existing
Revised
Deleted
New
2025 Code Section 2022 Code Section TITLE/SUBJECT JUSTIFICATION/COMMENTS ACTION 104.8 104.8 Liability The provisions of this section shall apply if the Building Official or his/her authorized representative are employees of this jurisdiction and shall also apply if the Building Official or his/her authorized representative are acting under contract as agents of this jurisdiction.

New
105.2(2) 105.2(2) Fences examption from a permit Maintain the height limit where a fence require a permit to six feet. No Change105.2(9) 105.2 (9) Prefabricated swimming pool less than 18" deep Exempt permit requirement for 18" or less and 5,000 gallon or less play pool for Residential use.

No Change
105.8 -- Reconstruction If the value of the reconstruction (or renovation) of a building is equal to or exceeds 75 percent of the value of the building, the entire building shall comply with the code provisions for new construction.

New
113.1 113.1 Board of Appeals Board of Appeals, consisting of City Council/Planning Agency. Depending on subject matter, specialize expertise may be solicited.

No Change
TABLE 1505.1 TABLE 1505.1 Minimum Roof Covering Classifications Amend from Class B/C roofing to Class A No Change1505.1.2 1505.1.2 Roof Coverings within All Other Areas Repair or replacement of the roof of every existing structure, shall be a fireretardant roof covering that is at least Class A No Change1807.1.6 1804.1.6 Foundation Design Prescriptive design of foundation assigned to Seismic Design Category D2 or E No Change 3109.2 3109.2 Pool Safety Act (115922) Include Door alarm into part of fencing requirement No ChangeR105.5.1 R105.5 Permit expiration Residential permit expiration from 180 days to 12 months (Codified) DeletedR301.2 R301.2 Climatic and Geographic Design Tables Filled in values for local conditions No ChangeR902.1 R902.1 Roofing Covering Material Class A roofing material required when more than 50% of roof is replaced. No ChangeR902.1.2 R902.1.2 Roof Covering in All Other Areas Amend from Class B/C roofing to Class A roofing No ChangeR902.2 R902.2 Fire-retardant-treated Shingles and Shakes Amend from Class B/C roofing to Class A roofing No Change 2025 California Codes
City of Laguna Hills Building Code Amendments

BUILDING CODE AMENDMENTS

RESIDENTIAL CODE AMENDMENTS
This 2022 amendment is being carried forward into 2025 amendment package. Minor editorial/clerical changes may have been made, but they do not have material regulatory effect.

A modified version of the 2022 amendment is being carried forward. Changes in scope or wording are significant relative to the 2022 version, or they may impact regulatory effect.This 2022 amendment is not being carried forward into the 2025 amendment package.This is a new amendment in the 2025 amendment package.

Page 1 of 2 ends

Page 299 of 338 ends

Existing
2025 California Codes
City of Laguna Hills Building Code Amendments
This 2022 amendment is being carried forward into 2025 amendment package. Minor editorial/clerical changes may have been made, but they do not have material regulatory effect.

Appendix BF Appendix AH Patio Covers Patio Covers UpdatedAppendix BO Appendix AJ Existing Buildings Applicable to Existing Single Family Dwellings and Town Homes DeletedAppendix CI Appendix AX Swimming Pools, Spas, and Hot Tubs Pool and Spa Applicable to Single Family Dwellings and Town Homes Updated

Page 2 of 2 ends

Page 300 of 338 ends

Existing
Revised
Deleted
New
2025 CFC CODE

SECTION
2022 Code
Section

TITLE/SUBJECT COMMENTS/JUSTIFICATION STATUS
112.4 112.4 Violation penalties Clarifies administrative violation process; fines will continue to be based on OCFA adopted fee schedule.

Existing
112.4.2 112.4.2 Infraction and misdemeanor Used for purpose of applying penalties under 112.4. Amendment combines definitions of infraction and misdemeanor under one section.

Existing
202 202 Definitions Definition of "OCFA" and "spark arrester" unchanged. Existing304.1.2 304.1.2 Vegetation Aligns maintenance to OCFA Guideline C-05 requirements. Reference to Chapter 49 removed and replaced with California Wildland-Urban Interface Code.

Existing
305.6 305.6 Hazardous conditions Prohibits outdoor fires during hazardous weather conditions. Existing305.7 305.7 Disposal of rubbish Prohibits open burning of trash, leaves, and other debris. Existing307 307 Open burning, recreational fires, fire pits, fire rings, and outdoor fireplaces
Administrative change to the section title to include fire pits and fire rings regulated under amendments in 307.6. No change from previous amendment.

Existing
307.6 307.6 Outdoor fireplaces, fire pits, fire
rings, or similar devices used at Group R occupancies.

Addresses requirements for outdoor fireplaces, fire pits, fire rings at Group R occupancies.

Existing
307.6.1 307.6.1 Gas-fueled devices Prohibits gas fire pits within 3' of R-3 occupancy or 10' of other R occupancies.

Existing
307.6.2 307.6.2 Devices using wood or fuels other
than natural gas or LPG
Prohibits solid fuel within 25' of combustibles unless in a fireplace. Existing 307.6.2.1 307.6.2.1 Where prohibited Prohibits solid fuel fires in a fuel mod zone and in a Wildland-Urban Interface/Wildfire Risk Area, with some exceptions.

Existing
324 324 Fuel modification requirements for
new construction
Codifies requirements for fuel modification (OCFA Guideline C-05) in properties adjacent to areas with combustible vegetation hazards.

Existing
325 325 Clearance of brush or vegetation
growth from roadways
Authorizes clearance of vegetation from edges of roadways to reduce ignition hazard.

Existing
This 2022 amendment is being carried forward into 2025 amendment package. Minor editorial/clerical changes may have been made, but they do not have material regulatory effect.A modified version of the 2022 amendment is being carried forward. Changes in scope or wording are significant relative to the 2022 version, or they may impact regulatory effect.This 2022 amendment is not being carried forward into the 2025 amendment package.This is a new amendment in the 2025 amendment package.

Chapter 1 - Scope & Administration
Chapter 2 - Definitions
Chapter 3 - General Requirements
2025 California Fire Code (CFC) - OCFA Amendment Summary Legend
(Not For Adoption)
7/24/2025 1 of 4

Page 301 of 338 ends

Existing
Revised
Deleted
New
2025 CFC CODE

SECTION
2022 Code
Section

TITLE/SUBJECT COMMENTS/JUSTIFICATION STATUS
This 2022 amendment is being carried forward into 2025 amendment package. Minor editorial/clerical changes may have been made, but they do not have material regulatory effect.A modified version of the 2022 amendment is being carried forward. Changes in scope or wording are significant relative to the 2022 version, or they may impact regulatory effect.This 2022 amendment is not being carried forward into the 2025 amendment package.This is a new amendment in the 2025 amendment package. 2025 California Fire Code (CFC) - OCFA Amendment Summary Legend
(Not For Adoption)
326 326 Unusual circumstances Provides for suspension of or alternative methods of compliance with vegetation maintenance standards under specific circumstances.

Existing
327.1 327 Use of equipment Requires use of spark arrester on equipment used in wildfire prone areas.

Existing
327.2 327.1 Use of equipment and devices
generating heat, sparks or open flames
Adopts a modified version of Public Resources Code requirement (30' setback instead of 10') for hazardous activities in wildland risk areas based on the cause of multiple fires in OCFA jurisdiction.

Existing
327.3 327.2 Spark arresters Requires spark arresters to not be placed or positioned as to prevent ignition of flammable material.

Existing
407.5 407.5 Hazardous Material Inventory
Statement
Reference to Hazardous Material Inventory Statement is replaced by "OCFA Guideline G-04" for direction and consistency of reporting.

Existing
501.1 501.1 Scope Guideline B-01 continues to be referenced for adoption providing guidance on exterior fire access to structures.

Existing
510.1 510.1 Emergency responder radio coverage
in new buildings
Amendment makes reference to new building level of radio coverage and specifies types of buildings where an emergency responder radio system is required.

Existing
903.2 903.2 Where required (Sprinklers) Requires sprinklers in new buildings based on size. Requires sprinkler retrofit in buildings undergoing addition based on various area criteria. Revised to allow exception for open parking garages.

Existing
903.2.8 903.2.8 Group R (Sprinklers) Requires sprinkler retrofit in homes undergoing addition or remodel based on various area criteria (city/county specific).

Existing
903.3.5.3 903.3.5.3 Hydraulically calculated systems Adds specification for industry standard 10% safety margin to be included in sprinkler calculations.

Existing
2801.2 2801.2 Permit (Miscellaneous combustible
storage)
Clarifies operational permit for storage/composting of green waste is a Miscellaneous Combustible Storage permit.

Existing
2808.2 2808.2 Storage site Requires OCFA approval of site before bringing product to the site. Existing Chapter 9 - Fire Protection Systems
Chapter 4 - Emergency Planning and Preparedness
Chapter 5- Fire Service Features
Chapter 28 - Lumber yard, agro-industrial, Solid Biomass and Woodworking Facilities 7/24/2025 2 of 4

Page 302 of 338 ends

Existing
Revised
Deleted
New
2025 CFC CODE

SECTION
2022 Code
Section

TITLE/SUBJECT COMMENTS/JUSTIFICATION STATUS
This 2022 amendment is being carried forward into 2025 amendment package. Minor editorial/clerical changes may have been made, but they do not have material regulatory effect.A modified version of the 2022 amendment is being carried forward. Changes in scope or wording are significant relative to the 2022 version, or they may impact regulatory effect.This 2022 amendment is not being carried forward into the 2025 amendment package.This is a new amendment in the 2025 amendment package. 2025 California Fire Code (CFC) - OCFA Amendment Summary Legend
(Not For Adoption)
2808.3 2803.3 Size of piles Reduces the size of piles of combustible materials. Existing 2808.3.1 2808.3.1 Increase in pile or stack size Deletes this section so that increases covered in 2808.3 and other requirements covered in 2808 are not in conflict with this section.

Revised
2808.4 2808.4 Pile separation Requires 20' separation between piles instead of specifically a fire lane; requires 100' separation from other combustible vegetation.

Existing
2808.7 2808.7 Pile fire protection Requires oscillating sprinklers to maintain moisture content and wet down burning/smoldering areas.

Existing
2808.9 2808.9 Material-handling equipment Requires approved spark arrester on internal combustion engine equipment.

Existing
2808.11 2808.11 Temperature control Requires that temperature be monitored and maintained. Existing2808.11.1 2808.11.1 Pile temperature control Requires rotation of piles above 165 degrees Fahrenheit. Existing2808.11.2 2808.11.2 New material temperature control Regulates acceptance of new piles above 165 degrees Fahrenheit. Existing2808.12 2808.12 Water availability Establishes firefighting water quantity requirements. Existing2808.13 2808.13 Tipping area Establishes requirements for new material tipping area configuration and use.

Existing
2808.14 2808.14 Emergency contact Requires posting of emergency contact info. Existing2808.15 2808.15 Maximum grid of piles & rows Defining maximum rows of piles and minimum clear space. Existing2808.16 2808.16 Push-out / clear area Identifying when a push-out area is required for piles. Existing4903.3 4903.3 Fuel Modification Plans Addressed in new Part 7, California Wildland-Urban Interface Code. Deleted - 20255001.5.2 5001.5.2 Hazardous materials inventory statement (HMIS)
References OCFA's Guideline G-04 instead of a hazardous materials inventory statement.

Existing
5003.1.1.1 5003.1.1.1 Extremely hazardous substances Prohibits extremely hazardous substances above disclosable amounts in a residential area.

Existing
5608.2 5608.2 Firing (fireworks) Requires fireworks shows to be electrically fired. Existing5608.3 5608.3 Application for permit (fireworks) Carries over Title 19 requirement into Fire Code so it can be amended to establish a 100'/inch fallout zone instead of the standard 70'/inch.

Existing
Chapter 49 - Requirements for Wildland-Urban Interface Fire Areas Chapter 50 - Hazardous Materials
Chapter 56 - Explosives and Fireworks
7/24/2025 3 of 4

Page 303 of 338 ends

Existing
Revised
Deleted
New
2025 CFC CODE

SECTION
2022 Code
Section

TITLE/SUBJECT COMMENTS/JUSTIFICATION STATUS
This 2022 amendment is being carried forward into 2025 amendment package. Minor editorial/clerical changes may have been made, but they do not have material regulatory effect.A modified version of the 2022 amendment is being carried forward. Changes in scope or wording are significant relative to the 2022 version, or they may impact regulatory effect.This 2022 amendment is not being carried forward into the 2025 amendment package.This is a new amendment in the 2025 amendment package. 2025 California Fire Code (CFC) - OCFA Amendment Summary Legend
(Not For Adoption)
2025 NFPA 13, 9.2.1.7
2022 NFPA 13, 9.2.1.7
Concealed spaces Revises section to ensure that the use of noncombustible insulation can be reviewed to prevent conflicts with operational requirements.

Existing

9.4.3.1 9.4.3.1 Shell buildings Specifies sprinkler type for spec shell buildings that are not warehouses. Existing16.12.3.3 16.12.3.3 FDC type Specifies type, location, color of FDC. Existing2025 NFPA 13D, 7.1.2 2022 NFPA 13D, 7.1.2
Control valves Requires monitoring if a dedicated sprinkler shutoff valve is installed. Existing 2025 NFPA 24, 6.2.8.1
2022 NFPA 24, 6.2.8.1
Indicating valves Specifies that valves controlling firefighting water supplies shall be painted red to facilitate identification by firefighters; provides exception for valves on exterior risers and for a system with only OS&Y shutoff valves.

Existing

6.2.9 (3 & 5) 6.2.9 (5) Street valves Removes the option of indicating valves in pits and nonindicating roadway stem gate valves.

Revised

10.1.5 10.1.5 Wrapping of underground pipe Requires wrapping of pipe with polyethylene sheet in accordance with AWWA standards to inhibit corrosion.

Existing

10.4.1.1 10.4.1.1 Coating of bolted joint accessories Specifies that stainless steel parts do not need to be coated with asphalt or other corrosion retardant.

Existing

10.4.1.1.1 10.4.1.1.1 Stainless steel bolts Requires use of stainless steel bolts with bolted pipe-joint assemblies. Existing10.4.3.2 10.4.3.2 Pipe termination under foundations Requires pipe to terminate near exterior wall; requires single piece stainless steel sweep at riser.

Existing
Appendices B, BB, C, CC, H
Only 5 of the 18 appendices included in the 2025 Fire Code (B, BB, C, CC, and H) are adopted by the State. OCFA is not proposing adoption of any additional appendices or amendments to them beyond what the State has already adopted.

Chapter 80 - Referenced Standards
Appendices
NFPA 13
NFPA 13D
NFPA 24
7/24/2025 4 of 4

Page 304 of 338 ends

Existing
Revised
Deleted
New
2025 CWUIC

CODE SECTION
2022 Code
Section

TITLE/SUBJECT COMMENTS/JUSTIFICATION STATUS
602.4 CFC 4903.3 Fuel modification plans Amendment relocated from the deleted CFC Chapter 49 to the new CWUIC Chapter 6 with no changes to the amendment language.

Existing
Appendices F & G
2025 California Wildland-Urban Interface Code (CWUIC) - OCFA Amendment Summary Legend
Appendices
(Not For Adoption)
Only 2 of the 8 appendices included in the 2025 California Wildland-Urban Interface Code (F & G) are adopted by the State. OCFA is not proposing adoption of any additional appendices or amendments to them beyond what the State has already adopted.

This 2022 amendment is being carried forward into 2025 amendment package. Minor editorial/clerical changes may have been made, but they do not have material regulatory effect.A modified version of the 2022 amendment is being carried forward. Changes in scope or wording are significant relative to the 2022 version, or they may impact regulatory effect.This 2022 amendment is not being carried forward into the 2025 amendment package.This is a new amendment in the 2025 amendment package.

Chapter 6 - Fire Protection Requirements
7/24/2025 1 of 1

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Item No. 9.1
City of Laguna Hills
City Council / Planning Agency
Staff Report
Date: August 26, 2025
To: Mayor and Council Members
From: Kayle McDonald, Deputy City Clerk
Issue: Committee Assignment Report
Recommendation: That the City Council receive reports from City Council Members on the City Council Committee Assignments listed in the staff report.

Background:

The following are recent meetings and events attended by the City Council for their City Council Committee Assignments.

Orange County Transportation Authority (OCTA)
Citizens Advisory Committee
Council Member Wheeler
July 15, Regular Meeting
Orange County Older Adults Advisory Commission (OCOAAC) Council Member Wheeler
August 9, Executive Committee Meeting
Orange County Mosquito & Vector Control District (OCMVCD) Board of Trustees
Council Member Pezold
July 17, Regular Meeting
August 21, Regular Meeting

Page 306 of 338 ends

Item No. 9.1
Transportation Corridor Agency (TCA)
San Joaquin TCA Board of Directors
Joint Board Meeting
Council Member Pezold
August 14, Regular Meeting
California Joint Powers Insurance Authority (CJPIA)
Board of Directors
Mayor Sweeney
July 23, 2025, Annual Board Meeting
Village at Laguna Hills Ad-Hoc Committee
Mayor Pro Tempore Caskey and Council Member Mathis
Fiscal Impact:

The City does not provide any additional compensation to City Council members for serving on outside agency boards or committees.

Attachments:

None

Page 307 of 338 ends

Item No. 9.2
City of Laguna Hills
City Council / Planning Agency
Staff Report
Date: August 26, 2025
To: Mayor and Council Members
From: Don Caskey, Mayor Pro Tempore
Jared Mathis, Council Member
Issue: Village at Laguna Hills Ad Hoc Committee Update
Recommendation: That the City Council:

1. Receive a status report and recommendations from the Village at Laguna Hills Ad Hoc Committee;

2. Direct City staff to begin reviewing and working on Merlone Geier Fund X Laguna Hills, LLC’s (MGP) recently filed application requesting Major Project Modifications to the previously approved entitlements and requesting changes to the Development Agreement for the Village at Laguna Hills Mixed-Use Development Project; and

3. Approve a Retainer Agreement with Stradling Yocca Carson & Rauth to re-engage the City’s special land use, entitlement, and development agreement counsel for the purpose of representing the City in connection with processing MGP’s application requesting Major Project Modifications to the previously approved land use entitlements, negotiating modifications to the Development Agreement, and providing the City with other related special counsel services.

Background:

On April 22, 2022, the City Council adopted Ordinance No. 2022-1 and entered into a Development Agreement (“Agreement”) with MGP Fund X Laguna Hills, LLC (“MGP” or “Property Owner”) to implement land use entitlements for the redevelopment of the

Page 308 of 338 ends

Item No. 9.2
former Laguna Hills Mall site. On January 6, 2025, the City received a written request from the Property Owner to initiate a process for opening negotiations in connection with its request for Major Project Modifications and changes to the Development Agreement based on dynamic and unprecedented changes in market conditions. MGP’s request was presented to the City Council for consideration on April 22, 2025. In response to their request, the City Council directed City staff to engage in preliminary discussions with the Property Owner. Additionally, the City Council also formed an Ad Hoc Committee comprised of Mayor Pro Tem Don Caskey and Council Member Jared Mathis to begin discussions and to facilitate preliminary negotiations with MGP.

DISCUSSION:

In accordance with the defined role of the Ad Hoc Committee, this status report is intended to provide an update on the Committee’s initial preliminary discussions with the Property Owner since April 22, 2025. The Committee has met with MGP on several occasions to initially review potential changes to the Development Agreement and to the approved entitlements granted by the City Council in 2022. Each meeting was generally positive and productive as the Property Owner provided the Committee with its vision for repurposing the property based on changed market conditions, along with their conceptual plans, and answered questions from the Committee. Before proceeding further, the Property Owner was informed that the Ad Hoc Committee will provide a status report to the City Council, and that the Council will be requested to provide further direction regarding the next steps in the process based on the Committee’s recommendations.

In order for the Ad Hoc Committee to have further discussions and to be able to commence negotiations with MGP regarding changes to the Development Agreement, and to be able to evaluate the economic viability of the proposed Major Project Modifications, City planning staff will need to conduct a more in-depth, technical review of the proposed modifications, retain a qualified expert to conduct an economic analysis, and investigate compliance with City regulatory documents and community standards. Therefore, the Ad Hoc Committee is recommending the following actions by the City Council: 1) Direct City staff to begin reviewing and working on MGP’s recently filed application requesting Major Project Modifications to the previously approved entitlements and requesting changes to the Development Agreement for the Village at Laguna Hills Mixed-Use Project; and, 2) Approve a Retainer Agreement with Stradling Yocca Carson & Rauth to re-engage the City’s special land use, entitlement, and development agreement counsel for the purpose of representing the City in connection with processing MGP’s application requesting Major Project Modifications to the previously approved land use entitlements, negotiating modifications to the

Page 309 of 338 ends

Item No. 9.2
Development Agreement, and providing the City with other related special counsel services.

Fiscal Impact:

None. All costs related to staff time, third party consultants and advisors, the city attorney’s office, special legal counsel, and environmental review are fully reimbursed to the City by the Property Owner pursuant to a Deposit/Reimbursement Agreement.

Attachments:

1. Merlone Geier Partners Letter Request, January 6, 2025

2. City Council Staff Report, April 22, 2025

3. Deposit/Reimbursement Agreement, May 13, 2025

4. Retainer Agreement with Stradling Yocca Carlson & Rauth

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4365 Executive Drive Tel: 858 / 259 / 9909
Suite 1400 Fax: 858 / 259 / 8886
San Diego, CA 92121
January 6, 2025
Jarad Hildenbrand
City Manager
City of Laguna Hills
24035 El Toro Road
Laguna Hills, California 92653
Re: Development Agreement (Village at Laguna Hills Mixed Use Project) By and Between City of Laguna Hills (“City”) and MGP Fund X Laguna Hills, LLC (“MGP”), dated April 22, 2022; Request for Initiation of Major Project Modifications
Mr. Hildenbrand,
The purpose of this letter is to request initiation of Major Project Modifications to the above-referenced Development Agreement (“Original Agreement”)1. As defined in the Original Agreement, the term “Major Project Modifications” includes, among other things, the Development of more than five Residential Buildings, the Development of less than 230,000 square feet of space within Retail Buildings, and relocation of any building to a location other than what was projected on the Site Plan.

MGP proposes a series of changes to the Development Plan in response to prevailing economic and market conditions necessary for redevelopment of the Property. The requested Major Project Modifications are the result of dynamic and unprecedented changes in market conditions, including lingering effects of the COVID-19 pandemic, the increase in remote work, and shopper preferences for online retail. As further described below, we are confident the Major Project Modifications will result in a successful project that yields the same benefits for the community contemplated in the Original Agreement, along with more diverse housing offerings and an additional hotel to yield increased revenues for the City.

Summary of the Proposed Major Project Modifications
MGP proposes a series of modifications to the Development Plan that will reduce office and retail and add new housing types and an additional hotel to the Property. A proposed modified Site Plan and associated Project summary is attached here as Attachment 1. Generally, the proposed modifications to the Development Plan are as follows:
• Housing: MGP proposes to reduce the total number of approved units from 1,500 to 1,456. The 1,456 units would include a combination of multifamily units (as previously approved), townhomes, and single-family detached units. The addition of townhouses and single-family detached units will provide additional housing options for Laguna Hills residents. We are aware that such housing optionality is a key concern for many City residents. 1 Capitalized terms used in this letter have the meanings assigned in the Original Agreement unless otherwise stated.

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4365 Executive Drive Tel: 858 / 259 / 9909
Suite 1400 Fax: 858 / 259 / 8886
San Diego, CA 92121
• Second Hotel: The Original Agreement contemplates a single hotel of between 100-150 rooms.

MGP proposes to add a second hotel to the Project. The second hotel would increase the total number of hotel rooms throughout the project (combined between the two hotels) to 225 rooms and would be a substantial driver of additional City tax revenue. • Office: The office component would be eliminated from the Development Plan. The removal of the office component is in response to market demand, and the additional space resulting from its removal will allow for the introduction of alternative housing types and the second hotel. • Affordable Housing: The Original Agreement contemplates that the Project will include 200 below-market-rate (BMR) units as inclusionary housing spread across market rate multifamily buildings. Under this scenario, the BMR units will not be delivered unless and until the market rate buildings are constructed. The proposed modification is for MGP to transfer a development-ready pad to either the City or an affordable housing developer to build a standalone affordable building for 200 BMR units. Transfer of the pad would allow for the realization of all BMR units simultaneously, as opposed to the units coming online piecemeal over the term of the Original Agreement. Further, clustering these units together increases the potential to maximize affordable housing opportunities for seniors and veterans as contemplated by the Original Agreement.
• Retail: The revised Development Plan would include approximately 150,000 square feet of retail use, and no longer includes a previously-contemplated second-story cinema. The revised Site Plan calls for more experiential retail, with restaurants and shops clustered around a relocated Village Park that will be prominently visible from El Toro Road and the adjacent medical facilities.
• Parking Structures: Parking structures that were primarily intended to serve the office and theater would be eliminated from the Development Plan. As with removal of the office component, removal of the parking structures allows for more advantageous use of the site, including for alternative housing types and the second hotel.

Request for the City Council
MGP intends to submit entitlement applications to the City in January for approval of the modifications to the Project as described above. Because the Original Agreement must also be amended to account for these changes as Major Project Modifications, we respectfully request that the Council authorize the City Manager and the City Attorney to engage in related negotiations with MGP. Upon the conclusion of such negotiations, staff’s review of entitlement applications, and the completion of any required California Environmental Quality Act analysis, staff would bring the applications and a proposed First Amendment to the Original Agreement to the Council for its independent consideration.

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4365 Executive Drive Tel: 858 / 259 / 9909
Suite 1400 Fax: 858 / 259 / 8886
San Diego, CA 92121
We appreciate your consideration of this request and look forward to continued collaborative discussions.

Sincerely,
Jamas Gwilliam
MGP Fund X Laguna Hills, LLC
cc: Gregory E. Simonian
City Attorney - City of Laguna Hills
Woodruff, Spradlin & Smart
555 Anton Boulevard, Suite 1200
Costa Mesa, California 92626

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4365 Executive Drive Tel: 858 / 259 / 9909
Suite 1400 Fax: 858 / 259 / 8886
San Diego, CA 92121
Attachment 1
(Proposed Site Plan and Development Summary)

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NORTH
0 80 160
1’=80’ - 0” SCALE
Laguna Hills, CA
12/19/2024

THE VILLAGE AT LAGUNA HILLS SD

1.00 SITE DESIGN - UPPER LEVEL

AVENIDA DE LA CARLOTA
INTERSTATE 5 FREEWAY
PAD
4 HOTEL 2
HOTEL 1
SHOPS ‘A’
ANCHOR 1
ANCHOR 2
NORTH

RESIDENTIAL

UA-TOWNS UA-TOWNS UA-TOWNS

UA-PASEO
MR-2

UA-SPLIT

CENTRAL

AFFORDABLE

CENTRAL

RESIDENTIAL
SOUTH

RESIDENTIAL
PARKING +

AMENITIES
PARKING + AMENITIES PARKING +

AMENITIES
PAD
2 PAD 1
PAD 3
PAD 6
PAD
5 PAD
8 PAD
7 VILLAGE
PARK

CALLE DE LA LOUISA

CALLE ZOCALO

THE VILLAGE DRIVE

EL TORO ROAD

CALLE DE LA MAGDALENA

DE LA PLATA CALLE

HEALTH CENTER DRIVE

CALLE DE LOS CABALLEROS

EXISTING

RESTAURANT

EXISTING

RESTAURANT

Page 315 of 338 ends

Item No. 7.1.1
City of Laguna Hills
City Council / Planning Agency
Staff Report
Date: April 22, 2025
To: Mayor and Council Members
From: Jarad Hildenbrand, City Manager
Issue: Request by Merlone Geier Partners for Initiation of Proposed Major Project Modifications to the Village at Laguna Hills Development Agreement and Formation of Ad Hoc Committee
Recommendation: That the City Council:
1) Receive a presentation by Merlone Geier Partners regarding their request for initiation of Major Project Modifications to the Development Agreement for the Village at Laguna Hills Mixed-Use Project;
2) Review and provide direction to staff on whether to engage in negotiations with MGP Fund X Laguna Hills, LLC (“MGP”) regarding the proposed Major Project Modifications to the Development Agreement for the Village at Laguna Hills Mixed-Use Project; and
3) Consider the formation of an Ad Hoc Committee comprised solely of two members of the City Council (less than a quorum) to help facilitate the requested negotiations and to make recommendations to the City Council.

Background:

On January 6, 2025, the City received a request from MGP Fund X Laguna Hills, LLC ("MGP") seeking to initiate negotiations on proposed Major Project Modifications to the existing Development Agreement for the Village at Laguna Hills Mixed-Use Project (Attachment 1). According to MGP, these requested modifications reflect shifts in economic and market conditions and would require amendments to the Development Agreement approved on April 22, 2022.

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Item No. 7.1.1
MGP's request was originally scheduled for initial review and consideration by the City Council at the January 28, 2025, City Council regular meeting. However, due to Mayor Pro Tempore Caskey's medical emergency, the item was postponed to ensure full Council participation in the initial decision-making process.

The City Council is now asked to consider whether to direct negotiations with MGP regarding the proposed Major Project Modifications and to establish an Ad Hoc Committee to facilitate the negotiation process.

Summary of Proposed Major Project Modifications
MGP's proposed modifications include:
• Housing Adjustments: Reduction in total units from 1,500 to 1,456, with the inclusion of townhomes and single-family detached units to diversify housing options.
• Addition of a Second Hotel: Increasing total hotel rooms from 100–150 to 225. • Office Component Removal: Eliminating office space due to decreased market demand.
• Affordable Housing Strategy: Transferring a development-ready pad to the City or an affordable housing developer for the construction of 200 below-marketrate units, allowing simultaneous delivery rather than phased completion. • Retail Adjustments: Reducing retail space to 150,000 square feet, eliminating the second-story cinema, and shifting to experiential retail clustered around a relocated Village Park.
• Parking Structures: Removing previously planned parking structures for office and theater uses, reallocating space for residential and hospitality purposes.

Key Considerations Under the Development Agreement
MGP's request qualifies as a Major Project Modification under the Development Agreement, meaning:

1. City’s Sole Discretion Over Major Project Modifications (Section 12.3) a. The City alone has the right to approve, conditionally approve, or deny any Major Project Modification proposed by MGP.
b. MGP waives any legal right to force City approval under California law or the Zoning Code.
c. Any review of modifications will be based on the rules in effect when MGP

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Item No. 7.1.1
submits a complete application.

2. Mutual Consent Required for a development agreement Amendment (Section 13)
a. If negotiations proceed, both parties must formally agree to amend the Development Agreement.
b. Any formal amendment must follow City procedures and require City Council approval.

Implications for the MGP Proposal
• The City is not obligated to approve MGP’s request for modifications. • Even if the City agrees to negotiate, it retains the right to reject, modify, or impose conditions on the proposed changes.
• If negotiations result in an agreement, both the City and MGP must formally approve an amendment to the Development Agreement.

Ad Hoc Advisory Committee for Negotiations
Given the complexity and significance of the proposed modifications, if the City Council elects to proceed with negotiations, staff recommends that the City Council establish an Ad Hoc Committee to help facilitate negotiations with MGP.

A Hoc Advisory Committees:
• Ad Hoc Advisory Committee comprised solely of no more than 2 members of the City Council (less than quorum).
• Ad hoc must have a defined task or defined subject matter to review/evaluate/research and report back to Council on. • Must be of limited duration.
• Must report back to Council its findings/recommendations after studying a defined issue.

Role of the Ad Hoc Committee:
• Composed solely of two Council Members (less than a quorum), appointed by the City Council.
• Serves as a liaison between City staff, MGP, and the full Council. • Provides guidance and input on policy priorities, financial considerations, and public benefits.

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Item No. 7.1.1
• Reviews potential trade-offs and conditions related to land use, public amenities, and fiscal impacts.
• Studies the issue, reports back and provides recommendations to the City Council.

Purpose and Structure:
• The Ad Hoc Committee will not have decision-making authority but will report back to the full Council.
• The Committee will sunset upon completion of negotiations and Council action on any amendments.
• If negotiations move forward, regular updates will be provided by the Ad Hoc Committee to the full Council.

City Council Direction Requested
Staff requests City Council direction on:

1. Whether to initiate and engage in negotiations with MGP regarding the proposed Major Project Modifications as requested by MGP.

2. Whether to establish an Ad Hoc Committee to facilitate the negotiations and to report back to the City Council with recommendations.

Fiscal Impact:

If the City Council elects to proceed with initiating negotiations, all associated costs— including staff time, consultant fees, legal expenses, and required studies—shall be fully paid for by MGP.

Before any work begins, MGP must enter into a Deposit and Reimbursement Agreement, which will ensure that:
• The City incurs no financial burden from MGP’s requested modifications. • All costs related to staff time, third-party consultants, special legal counsel, and environmental analysis (if required) are paid by MGP.
• MGP submits an initial deposit to cover anticipated costs, with provisions for replenishment as expenses are incurred.

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Item No. 7.1.1
No work will commence, and no City resources will be expended, until:
• The Deposit and Reimbursement Agreement is fully executed and initial deposit funds are received.
• The City reserves the right to pause/terminate negotiations if MGP fails to timely maintain the required deposit balance.
• The Deposit and Reimbursement Agreement will be prepared by the City Attorney.

Attachments:

1. January 6, 2025 MGP Letter to J. Hildenbrand

2. Village at Laguna Hills 2025 Site Plan

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4365 Executive Drive Tel: 858 / 259 / 9909
Suite 1400 Fax: 858 / 259 / 8886
San Diego, CA 92121
• Second Hotel: The Original Agreement contemplates a single hotel of between 100-150 rooms.

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4365 Executive Drive Tel: 858 / 259 / 9909
Suite 1400 Fax: 858 / 259 / 8886
San Diego, CA 92121
Attachment 1
(Proposed Site Plan and Development Summary)

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NORTH
0 80 160
1’=80’ - 0” SCALE
Laguna Hills, CA
12/19/2024

THE VILLAGE AT LAGUNA HILLS SD

1.00 SITE DESIGN - UPPER LEVEL

AVENIDA DE LA CARLOTA
INTERSTATE 5 FREEWAY
PAD
4 HOTEL 2
HOTEL 1
SHOPS ‘A’
ANCHOR 1
ANCHOR 2
NORTH

RESIDENTIAL

UA-TOWNS UA-TOWNS UA-TOWNS

UA-PASEO
MR-2

UA-SPLIT

CENTRAL

AFFORDABLE

CENTRAL

RESIDENTIAL
SOUTH

RESIDENTIAL
PARKING +

AMENITIES
PARKING + AMENITIES PARKING +

AMENITIES
PAD
2 PAD 1
PAD 3
PAD 6
PAD
5 PAD
8 PAD
7 VILLAGE
PARK

CALLE DE LA LOUISA

CALLE ZOCALO

THE VILLAGE DRIVE

EL TORO ROAD

CALLE DE LA MAGDALENA

DE LA PLATA CALLE

HEALTH CENTER DRIVE

CALLE DE LOS CABALLEROS

EXISTING

RESTAURANT

EXISTING

RESTAURANT

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DEPOSIT/REIMBURSEMENT AGREEMENT
THIS DEPOSIT/REIMBURSEM NT AGREEMENT (hereinafier “Agreement”) is made and entered into, to be effective this I day of May, 2025 (hereinafter “Effective Date”), by and between the CITY OF LAGUNA HILLS, a municipal corporation organized and existing under the laws of the State of California (hereinafter referred to as “City”), and MGP FUND X LAGUNA HILLS, LLC, a Delaware Limited Liability Company (hereinafter referred to as “Developer” or “Owner”). City and Developer are sometimes hereinafter individually referred to as “Party” and are hereinafter collectively referred to as the “Parties.”

RECITALS
A. On March 8, 2022, the City adopted Resolution No. PA2022-03-08-2 conditionally approving Case No. USE-010-2019, consisting of a Site Development Permit, a Precise Plan, a Master Sign Program, a Vesting Tentative Tract Map, a Parking Use Permit, a Conditional Use Permit for a Hotel, and a Conditional Use Permit for a health club (the “Existing Development Approvals”) for the continued redevelopment of the former Laguna Hills Mall site (the “Property”) as a mixed use project including multifamily residential, retail, a testament, a cinema, a health club, office space, a hotel, a privately owned park, and open space area, along with parking spaces (the “Village at Laguna Hills Project” or “Project”). City and Developer subsequently entered into that certain Development Agreement, dated April 22, 2022, with respect to the Project (the “Development Agreement”). The City evaluated the Project’s environmental impacts for purposes of the California Environmental Quality Act (Pub. Resources Code, §§ 21000 et seq., “CEQA”) and adopted Resolution No. PA2022-03-08-1 on March 8, 2022 adopting the Fifth Addendum to the City of Laguna Hills 2009 Program Environmental Impact Report for the Proj ect.

B. Developer now proposes to modify the Project and to seek the City’s approval of amendments to the Existing Development Approvals and/or new or additional land use entitlements, which may include, without limitation, (i) an amended Precise Plan; (ii) an amended Site Development Permit; (iii) a Vesting Tentative Tract Map; (iv) a Conditional Use Permit to authorize a second hotel; and (v) an updated Master Sign Program (together the “2025 Project Refinement Approvals”). In addition= certain legislative actions have been requested or could be necessary to facilitate and implement the contemplated 2025 Project Refinement Approvals, including, without limitation, adoption of one or more amendments to the City’s Urban Village Specific Plan (“UVSP”) and/or the negotiation and adoption of an amended, amended and restated, or new development agreement (collectively, potential “Legislative Actions”). If the City considers the 2025 Proj ect Refinement Approvals and related Legislative Actions, it must also review them pursuant to the provisions of the California Environmental Quality Act (“CEQA”) and pursuant to an economic impact analysis.

C. City regulations require applicants for development projects to reimburse the City for the actual fees and costs incurred by the City in conjunction with the City’s review, 1

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evaluation, and processing of land use applications and reviewing proposed projects pursuant to the provisions of CEQA.

D. The purpose of this Agreement is to set forth the terms pursuant to which Developer will reimburse City for all fees and costs incurred by City in evaluating, negotiating, processing, preparing, and considering: the 2025 Project Refinement Approvals; any and all related requested or necessary Legislative Actions; the necessary environmental review pursuant to CEQA; the resolutions, ordinances, and/or land use plan documents for any required Legislative Actions; an economic impact analysis; and the same for potential future City Council consideration.

NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

AGREEMENT

1. Ineogporation of Recitals. The Parties agree that the Recitals above constitute the factual basis upon which City and Developer have entered into this Agreement. City and Developer each acknowledge the accuracy of the Recitals and agree that the Recitals are hereby incorporated into this Agreement.

2. No Waiver of City’s Discretionary Authority. Developer and City acknowledge and agree that the Planning Agency and City Council retain all discretion granted to them under law in considering the 2025 Project Refinement Approvals and all related requested or necessary Legislative Actions and that nothing in this Agreement is intended to limit their discretionary powers or waive any third—party procedural due process rights.

3. Reimbursement by Developer. In addition to the payment by Developer of all of City’s standard development processing fees and other user fees, rates, and charges established by the City for municipal services, Developer shall reimburse City for all other fees and costs incurred by the City on or after April 22, 2025 in conjunction with City’s review, evaluation, and processing of the 2025 Project Refinement Approvals and all related requested or necessary Legislative Actions, as well as for all other fees and costs incurred by City related to: (l) City‘s evaluation of the economic implications of the proposed Project modifications and preparation of an economic impacts analysis; (2) City’s performance of any necessary environmental review pursuant to CEQA; (3) City’s research and preparation of the resolutions, ordinances, and/or land use planning documents for any required Legislative Actions, (4) City's negotiation, drafting, and preparation of an amended, amended and restated, or new development agreement; and (5) City’s processing and noticing 0f the 2025 Project Refinement Approvals and related Legislative Actions for potential future City Council consideration (collectively, the “Reimbursable Costs”). Reimbursable Costs may include, without limitation, the following: City staff time and apportioned overhead costs; fees, costs, and expenses of the City Attorney's office at its contracted professional hourly rates, any special counsel 2

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retained by the City, and any other consultants or advisers retained by the City, pursuant to the terms of the agreements between City and such other attorneys, consultants and advisers at the time such fees and expenses are incurred; costs to conduct, attend, and/or participate in any community meetings or other forms of community outreach regarding the proposed Project modifications; costs of any notices; printing costs; and any and all other actual costs and expenses reasonably incurred by the City with respect to evaluating and processing the proposed Project modifications.

Deposit. Within five (5) business days following the Effective Date of this Agreement, Developer shall provide City with a deposit of Fifty Thousand Dollars ($50,000.00), in immediately available funds ("Deposit"). If City determines, in its sole discretion, that additional funds are anticipated to be needed to reimburse the City for Reimbursable Costs reasonably incurred by City, City shall make a written request to Developer for one 01' more additional deposits (”Additional Deposits"), and Developer, if it determines in its sole discretion that it wishes to proceed further with City consideration of the proposed Project modifications, shall promptly provide payment to City. The City Manager may direct City staff and consultants to suspend all work related to the 2025 Project Refinement Approvals and related Legislative Actions until any additional amounts so demanded have been received by the City. The Deposit and any Additional Deposits are hereafter referred to, collectively, as the “Deposit Funds.” City shall use the Deposit Funds solely for the purpose of paying Reimbursable Costs, shall maintain invoices and records sufficient to reasonably verify that the Deposit Funds have been spent on Reimbursable Costs, and shall, upon Developer’s request, provide an accounting of all Reimbursable Costs, which Developer agrees will be conclusive, in the absence of manifest error.

Use of Deposit Funds. City may draw upon the Deposit Funds to pay Reimbursable Costs. Developer acknowledges and agrees that any fees or costs related to this Agreement are separate and distinct from the fees and costs Developer is already legally obligated to pay pursuant to Resolution Nos. N0. PA2022-03-08-1 and PA2022-03-08—2 and the Development Agreement or may become legally obligated to pay pursuant to any conditions of approval of the 2025 Project Refinement Approvals or any amended, amended and restated, or new development agreement.

Project Account. City shall establish a separate account (the “Modified VALH Project Account”) to administer the Deposit Funds provided by Developer pursuant to this Agreement. The Deposit Funds and the Modified VALH Project Account shall be used for no other purpose than the payment of Reimbursable Costs.

Indemm'm. Developer agrees to protect, defend, indemnify and hold harmless the City, its elected and appointed officers and officials, agents, employees and volunteers (“City Indemnitees”) fi'om and against any and all claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all related costs and expenses in connection therein) (collectively, “Claims and Actions”), arising out of the performance of this Agreement, City’s consideration and/or processing of the 2025 3

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10. 11.

12. 13.

Project Refinement Approvals and all related Legislative Actions, or the warranties or representations of Applicant set forth in this Agreement, except for any such claim arising out of the sole negligence, active negligence, or willful misconduct of the City, its officers, agents, employees or volunteers. In addition, Developer acknowledges and agrees that, in the event the City Council and Planning Agency approve any of the 2025 Project Refinement Approvals and/or related Legislative Actions, as a condition of such approval City will require Developer to protect, defend, indemnify, and hold harmless City Indemnitees from and against any and all Claims and Actions brought against the City Indemnitees, which seek to attack, challenge, modify, set aside, void, or annul any action of, or any permit or approval issued by, the City Indemnitees for, in connection with, or concealing the approval of such 2025 Project Refinement Approvals and/or any related Legislative Actions, and Developer hereby waives its rights to, and agrees not to, challenge the imposition of such an indemnification provision.

No Inducement. Developer declares and represents that no promise, inducement or agreement not herein expressed has been made to it and that this Agreement contains the entire agreement between and among the Parties, and that the terms of this Agreement are contractual and not a mere recital. This Agreement is entered into knowingly, freely, intelligently, and voluntarily by the Parties, without any duress, or coercion The Parties have had a full opportunity to review and consider the matter prior to executing this Agreement. The Parties fully acknowledge that they also have had a fill opportunity to discuss its contents with their respective representatives.

ValidiQL. If any provision of this Agreement, or part thereof, is held invalid, void or voidable as against the public policy or otherwise, the invalidity shall not affect other provisions or parts thereof, which may be given effect without the invalid provision or part. To this extent, the provisions, and pans thereof, of this Agreement are declared to be severable.

Amendment. This Agreement may be modified or amended only by a written document executed by both Developer and City and approved as to form by the City Attorney.

Waiver. No failure on the part of either Party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that Party may have hereunder.

Attomey’s Fees. In the event of the bringing of any action or suit by either Party hereto against the other Party hereunder to enforce or interpret any of the provisions, covenants or conditions of this Agreement, the prevailing party in such action or suit shall be entitled to recover all costs and expenses of suit, including reasonable attorney’s fees.

Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Orange, California.

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14. 15.

16. 17.

Written Notification. Any notice, demand, request, consent, approval or communication that either Party desires or is required to give to the other Party shall be in writing and either served personally or sent prepaid, first class mail. Any such notice, demand, etc. shall be addressed to the other Party at the address set forth herein below. Either Party may change its address by notifying the other Party of the change of address. Notice shall be deemed communicated within forty-eight (48) hours from the time of mailing if mailed as provided in this Paragraph.

If to City: City of Laguna Hills
Attn: City Manager
24035 El Toro Road
Laguna Hills, California 92653
With a copy to: Gregory E. Simonian
City Attorney - City of Laguna Hills
Woodruff, Spradlin & Smart
555 Anton Boulevard, Suite 1200
Costa Mesa, California 92626
If to Developer: MGP Fund X Laguna Hills, LLC
Attn.: Bradley A. Geier, Chairman
4365 Executive Drive, Suite 1400
San Diego, California 92130
With a copy to: Matthew S. Gray
Perkins Coie LLP
505 Howard Street, Suite 1000
San Francisco, CA 94105
Entire Aggeement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Developer. A11 prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement.

Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the Parties when at least one copy hereof shall have been signed by both Parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.

Termination. This Agreement may be terminated by either Party at any time upon wn'tten notice. Upon termination, Developer shall be responsible for reimbursement to City for all Reimbursable Costs incurred by City through the effective date of termination. Upon termination, City shall, within ten (10) business days of receiving a 5

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18. 19.

20. written request from Developer, return the then—unexpended Deposit Funds to Developer, without interest, less an amount equal to any Reimbursable Costs incurred by City, or that City has otherwise committed to pay, but Which have not yet been so paid. If the amount of such Reimbursable Costs exceeds the then-unexpended Deposit Funds, Developer shall pay City the difference within forty-five (45) days of receipt of written notice from City ofthe amount owed.

Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.

Third Pam Beneficigg. Nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party hereto.

Coworate Authorig. Each of the undersigned represents and warrants that (i) the Party for which he/she is executing this Agreement is duly authorized and existing, (ii) he/she is duly authorized to execute and deliver this Agreement on behalf of the Party for Which he/she is signing, (iii) by so executing this Agreement, the Party for which he/she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he/she is signing is bound.
[SIGNATURES ONNEXTPAGE]

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IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement as of the date first written above.
“CITY”
City 01' Laguna Hills,
a Califomia municipal corporation
Date; a] xfilgi

Q ]

JARADGMRMD,
City Manager
ATTEST:

XL 7%“ (SEAL) I‘FER LEE,,
Clerk
APPROVED AS TO FORM:

G Y E. S ,
City Attorney
“DEVELOPER”

MGP FUND X LAGUNA HILLS, LLC,
a Delaware Limited Liability Company
By: Merlone Geier X, LLC,
a C ' omia ‘mited liability company
Date: V
Print Name: 5‘66“- M&A’fsm me: W

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TERMS OF RETENTION
OF

STRADLING YOCCA CARLSON & RAUTH
This agreement (the "Retention Agreement") is dated and is effective as of August 26, 2025, by and between the City of Laguna Hills (“City”) and the law firm of Stradling Yocca Carlson & Rauth (the “Firm”).

1. Background. On March 8, 2022, the City adopted Resolution No. PA 2022-03-08-2 conditionally approving Case No. USE-010-2019, consisting of a Site Development Permit, Precise Plan, a Master Sign Program, Vesting Tentative Tract Map, Parking Use Permit, Conditional Use Permit for a hotel, and Conditional Use Permit for a health club (collectively, the "Development Approvals") for the continued redevelopment of the former Laguna Hills Mall site as a mixed-use project including multifamily residential; retail; a restaurant, cinema, and health club; office space; a hotel; a privately owned park; and open space area, along with parking spaces (the "Project"). City and MGP Fund X Laguna Hills, LLC, ("Developer") subsequently entered into that certain Development Agreement dated April 22, 2022, with respect to the Project (the "Development Agreement"). The City evaluated the Project's environmental impacts for purposes of the California Environmental Quality Act (Pub. Resources Code, §§ 21000 ET SEQ., "CEQA") and adopted Resolution No. PA2022-03-08-1 on March 8, 2022, adopting the Fifth Addendum to the City of Laguna Hills 2009 Program Environmental Impact Report for the Project.

Developer has now proposed to modify the Project and to seek the City's approval of amendments to the Development Approvals and/or new or additional land use entitlements, which may include, without limitation, (i) an amended Precise Plan; (ii) an amended Site Development Permit; (iii) a Vesting Tentative Tract Map; (iv) a Conditional Use Permit to authorize a second hotel; and (v) an updated Master Sign Program (collectively, the "2025 Project Refinement Approvals"). In addition, certain legislative actions (collectively, "Legislative Actions") have been requested or could be necessary to facilitate and implement the contemplated 2025 Project Refinement Approvals, including, without limitation, adoption of one or more amendments to the City's Urban Village Specific Plan and/or the negotiation in adoption of an amended, amended and restated, or new development agreement. Any consideration by the City of the 2025 Project Refinement Approvals and related Legislative Actions must include a review pursuant to CEQA provisions and an economic impact analysis.

City is retaining the Firm for the purpose of representing the City in connection with negotiations of the above referenced matters including any resulting modifications in land use entitlements and/or modification to the Development Agreement, as well as any supplemental services requested from time to time by the City (the "Scope of Services").

2. Fees and Costs. The Firm is compensated for its services based on the time spent performing them. Such compensation may include the time spent on client conferences, travel, research, drafting documents, and other activities. The amount of fees charged on a statement is determined by the hours expended by the different attorneys and other professional personnel involved and the applicable rates as shown in the hourly rate schedule attached as Exhibit A and incorporated herein by reference. The hourly rates provided in Exhibit A are the discounted rates the Firm charges for public agencies on land use matters. Such rates may change from time-to-time but no increases in excess of 2% per annum shall be implemented without the written consent of the City Council.

The Firm also charges for various costs such as copying, telephone charges, computerized legal research, word processing and/or other computer time, overtime costs, messenger services, travel,

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Terms of Retention
August 26, 2025

Page 2 ends

filing fees and other costs. Bills for some costs are passed on directly, such as bills for certified shorthand reporters, technical consultants, and other professional fees.

3. Termination.
a. Termination by the Firm. The Firm reserves the right to withdraw from representing the City if, among other things, the City fails to honor the terms of this Retention Agreement, or cooperate fully or follow our advice on any material matter, or any fact or circumstance that would, in the Firm's view, render continuing representation unlawful or unethical. In such event, the City will (i) take all steps necessary to terminate the Firm's obligations hereunder, including the execution of any documents necessary to complete withdrawal of the Firm as counsel, b. Termination by City. We understand that we serve at the pleasure of the City and this Retention Agreement may be terminated by City at any time, with or without cause, upon ten (10) days written notification to the Firm. In the event that our services are terminated prior to completion of the engagement, fees and costs incurred prior to the effective date of termination shall be due and payable.

In the event of termination by either party hereunder, the City shall be responsible for payment of fees for all services rendered by the Firm through the date of termination, as well as any costs and/or expenses paid or incurred on City's behalf.

4. Date of Termination. Our representation of City will be considered terminated at the earlier of (i) your termination of our representation, (ii) our withdrawal from our representation of you, or (iii) the substantial completion of our substantive work for you.

5. Related Activities. If any claim or action is brought against the Firm or any personnel or agents of the Firm based on your negligence or misconduct, or if the Firm is asked to testify as a result of our representation of City, or defend the confidentiality of City's communications in any proceeding, City agrees to pay the Firm for any resulting fees, costs, or damages, attorneys fees and costs, even if the Firm's representation of City has terminated.

6. No Guarantee of Outcome. The Firm does not and cannot guarantee any outcome in a matter.

7. Insurance. We hereby advise you that this Firm maintains professional errors and omissions insurance coverage applicable to the services to be rendered to City with limits of at least five million dollars ($5,000,000). Evidence of such insurance will be provided upon request.

8. Client. The Firm’s client for the purpose of our representation is only the City of Laguna Hills through its City Council. Unless expressly agreed, the Firm is not undertaking the representation of any other related or affiliated person or entity, nor any parent, brother-sister, subsidiary, or affiliated corporation or entity, nor any of City's officers, directors, agents, or employees.

9. Client File and Retention. For each matter the Firm maintains a file in which the Firm places certain documents and items, including original documents, that are reasonably necessary to the Firm’s representation in the matter. The Firm currently keeps each file for seven years after a matter concludes. The file belongs to the client and, subject to any protective order or non-disclosure agreement, the client may request to take possession of it once the matter concludes. Should all or any portion of the file become the subject of a subpoena, discovery request or other disclosure obligation (“Legal Process”) while in the Firm’s possession, including after the matter concludes, City agrees to pay the Firm’s then-prevailing hourly rates and costs that the Firm incurs in connection with the Legal Process.

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August 26, 2025

Page 3 ends

10. Payment Notwithstanding Dispute. In the event of any dispute that relates to the Firm's entitlement to any payment from City, all undisputed amounts shall be paid by City. Any amounts in any client trust account held on City's behalf, sufficient to pay the disputed amounts, shall continue to be held in such trust account until the final disposition of the dispute.

11. Arbitration. We appreciate the opportunity to serve as your attorneys and anticipate a productive and harmonious relationship. If you should feel for any reason that there is a problem with the services we have performed or with our charges, we encourage you to bring that to our attention immediately. If we perceive a problem with your representation, we likewise will endeavor to discuss it with you. Most problems should be rectified by communication and discussion. However, a dispute might arise between us which could not be resolved by negotiation. We believe that such attorney-client disputes are most satisfactorily resolved through final and binding arbitration rather than by litigation. Both the United States Supreme Court and the California Supreme Court have endorsed arbitration as an accepted and favored method of resolving disputes, because it is economical and expeditious.

In arbitration, there is no right to a trial by jury and the arbitrator’s legal and factual determinations are generally not subject to appellate review. Arbitration rules of evidence and procedure are often less formal and less rigid than the rules which apply in Court. Arbitration usually results in a decision much more quickly than proceedings in Court, and the attorneys’ fees and other costs incurred by both sides may be substantially less. You are free to discuss the advisability of arbitration with us, or with your own independent counsel or any of your other advisors, and to ask any questions which you may have.

By signing this Terms of Retention, we agree that, in the event of any dispute or claim arising out of or relating to our engagement, our relationship, our charges, or our services (including but not limited to disputes or claims regarding our charges, professional malpractice, errors or omissions, breach of contract, breach of fiduciary duty, fraud, or violation of any statute), SUCH DISPUTE OR

CLAIM SHALL BE RESOLVED BY SUBMISSION TO FINAL AND BINDING ARBITRATION IN ORANGE COUNTY, CALIFORNIA, BEFORE A RETIRED JUDGE OR JUSTICE. BY

AGREEING TO ARBITRATE, YOU WAIVE ANY RIGHT YOU HAVE TO A COURT OR JURY TRIAL. Venue with regard to any ancillary proceedings arising out of such dispute or claim shall also be in Orange County. If we are unable to mutually agree on a retired judge or justice, then each side will name one retired judge or justice and the two named persons will select a neutral judge or justice who will act as the sole arbitrator. The fees of the arbitrator will be paid initially equally by both the Firm and you. However, the arbitrator shall have the right to order either party to pay all fees and costs as part of his award.

In arbitration, we shall both be entitled to conduct discovery in accordance with the provisions of the California Code of Civil Procedure, but either of us may request that the arbitrator limit the amount or scope of such discovery and, in determining whether to do so, the arbitrator shall balance the need for the discovery against the parties’ mutual desire to resolve disputes expeditiously and inexpensively.

Under California law, you have the right, if you desire, to request arbitration of any fee dispute before an arbitrator or panel of arbitrators selected by a local bar association or the State Bar (“Bar Arbitration”) and a trial de novo in court if dissatisfied with the result. If you do request a Bar Arbitration, the law provides that evidence of any claim of malpractice or professional misconduct is admissible only concerning the fees or costs in dispute and that the Bar Arbitrators shall not award any affirmative relief in the form of damages, offset or otherwise on account of such claim. By signing this Terms of Retention, you agree that if a Bar Arbitration is conducted, that Bar Arbitration or any

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trial de novo in Court thereafter shall determine only the issue of the amount of fees properly chargeable to you, if any, and that such Bar Arbitration or trial de novo in Court thereafter shall have no effect on the provisions set forth above which require arbitration before a retired judge or justice of any claims for affirmative relief based on alleged professional malpractice, errors or omissions, breach of conduct, breach of fiduciary duty, fraud or violation of any statute. Any such claims shall be solely determined in an arbitration proceeding by a retired judge or justice without regard to the result of any Bar Arbitration or trial de novo thereafter.

12. Primary Attorney. The primary attorney with responsibility for our representation of City in connection with this matter will be Thomas P. Clark, Jr. The parties agree that the Firm is being retained based on the unique skill, experience, and expertise of Mr. Clark and no change will be made in the primary attorney without the prior, written consent of City.

13. Other Clients. As a law firm with many diverse clients and practice areas, we seek to retain the ability to accept unrelated matters for all of our clients. We may thus request your informed written consent in the event we seek to represent any other client in any future matter that is not substantially related to this matter and does not involve material confidential information we obtained while representing you in this matter. Such matters could arise during our representation of you in this matter. You may determine to consent or not consent to such request and should feel free to consult general counsel before deciding whether to grant any consent should it be requested.

14. Electronic Communication and Storage Technology. The Firm uses cell phones, email, wireless networks, cloud-based platforms, and other technology to communicate with others and to transmit or store documents and information. Such technology helps the Firm provide efficient and convenient legal services, but may pose confidentiality and security risks. By signing this letter agreement, you consent to the Firm’s use of all such technology in connection with this engagement.

15. Processing Client Personal Information. In connection with our engagement, you may be required to disclose to the Firm, or the Firm may obtain on your behalf, personal information relating to individuals that the Firm does not otherwise collect for the Firm’s own commercial or business purposes (“Client Personal Information”). For example, materials that you provide to the Firm may contain Client Personal Information relating to third parties. You hereby acknowledge, agree and require that the Firm only collect, retain, use, disclose, or otherwise process Client Personal Information as your “service provider” or “data processor,” as defined in the California Consumer Privacy Act of 2018 or other data privacy laws, as applicable (collectively, “Data Privacy Laws”), or pursuant to any exception that may apply under Data Privacy Laws regarding the attorney-client relationship. The Firm will not sell Client Personal Information. The Firm will not collect, retain, use, disclose or otherwise process Client Personal Information for any purpose other than for the purpose of performing services to you pursuant to this engagement letter, unless applicable law requires us to do otherwise. The Firm will not collect, retain, use, disclose, or otherwise process Client Personal Information outside of the Firm’s direct relationship with you, unless applicable law requires the Firm to do otherwise. The Firm certifies that the Firm understands these restrictions and will comply with them. These restrictions are not intended to reduce or replace our obligations under applicable rules of professional conduct, including but not limited to the Firm’s obligation of confidentiality.

16. Publicity. You consent to the Firm’s use of your name and logo (if applicable) on our web site and in our marketing materials.

17. Client Communication. The City hereby designates the City Manager, the City Council, and/or an ad hoc committee of Council Members if one is appointed, to act on City's behalf for this matter, and City authorizes us to communicate with, and receive directions from, that person

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or entity and any other person or entity that you may designate in the future.

18. Authority to Sign. The person signing this letter on behalf of the City represents that he or she has the full right and authority to do so, and to fully commit and bind the City to this engagement letter.

19. Miscellaneous. This letter sets forth the entire agreement between the City and the Firm, and there is no other or additional understanding between you and the Firm on these subjects.

This agreement supersedes any prior agreements or representations, written or oral, between you and the Firm on these subjects. Any modification or amendment to this agreement must be in a writing signed by you and the Firm. This agreement shall be governed by California law without reference to its conflict of law principles. If any provision of this agreement is found to be invalid or unenforceable, that provision shall be deemed modified or removed so that it is valid and enforceable to the fullest extent of the law, and the other provisions of this agreement shall be unimpaired.

IN WITNESS WHEREOF, the parties hereto have signed this Retention Agreement as of the date set forth above.

AGREED:

CITY:

Joshua Sweeney, Mayor
City of Laguna Hills
FIRM
ATTEST:

By: _______________________________
Stradling Yocca Carlson & Rauth
Jennifer Lee, City Clerk
APPROVED AS TO FORM:

Gregory E. Simonian, City Attorney for the CITY

OF LAGUNA HILLS

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EXHIBIT A
2025 PUBLIC AGENCY DISCOUNTED RATES
SHAREHOLDERS 2025 RATE
Thomas P. Clark, Jr. and Other Shareholders $615.00
Associates $350.00
Paralegals $180.00

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Laguna Hills City CouncilAugust 26, 2025

Laguna Hills City Council
August 26, 2025