TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, PE, DIRECTOR OF PUBLIC WORKS
SUBJECT
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Amendment to Subdivision Improvement Agreement for Tract Map No. 20161 in The Preserve.
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RECOMMENDATION
1) Approve an amendment to the Subdivision Improvement Agreement with Chino Preserve Development Corporation, a California limited liability company, for Tract Map No. 20161 to incorporate provisions for compliance with Fill Dirt and Release Agreement with the Orange County Flood Control District for the Pine Avenue Stage 3 Project; and 2) authorize the City Manager to execute all necessary documents on behalf of the City.
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FISCAL IMPACT
There is no direct fiscal impact.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES
The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Responsible Long-Range Planning
• Public Services Excellence Through Internal & External Partnerships
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BACKGROUND
On August 5, 2019, the Planning Commission approved Chino Preserve Development Corporation’s application for PL18-0010 (Master Site Approval) and PL18-0011 (Tentative Tract Map No. 20161), an “A” level subdivision for conveyance purposes and a master plan allowing up to 494 residential units, referred to as the “Van Vliet Project.” The project site is located south of Bickmore Avenue, north of Pine Avenue, west of Rincon Meadows, and east of future Mayhew Avenue, as shown in Exhibit A of the fully executed Subdivision Improvement Agreement attached hereto.
As part of the Engineering Conditions of Approval (COAs), the developer is required to design and construct phased public improvements to expand the City’s backbone infrastructure. These improvements include Pine Avenue Stage 3, Storm Drain Line H and related in-tract improvements. Although Pine Avenue Stage 3 was originally conditioned under Tract Map No. 18480 (the Harvest Project), it was subsequently included under the Tract Map No. 20161 COAs to ensure the continuity of development in The Preserve while the City and developer continued to work through the extended process of securing jurisdictional approvals and acquiring the necessary right-of-way for the phased improvements along Pine Avenue.
To satisfy the conditions of Tentative Tract Map approval and ensure timely completion of the required improvements, the City executed a Subdivision Improvement Agreement with the developer and accepted the posting of the required securities. This agreement was approved by the City Council on July 21, 2020.
ISSUES/ANALYSIS
Completion of the Pine Avenue Stage 3 Improvements, which include widening the roadway to four lanes and eliminating the dip between Meadowhouse and Rincon Meadows Avenues, requires various permits, including Section 404 and 408 permits from the U.S. Army Corps of Engineers (USACE). City staff, in coordination with Ruth Villalobos & Associates (the City’s consultant) and the developer’s consultant team, continue to work toward securing the necessary approvals. Permits are currently anticipated by July 2025 subject to the USACE’s review timeline.
A portion of the project lies within the Prado Dam Reservoir flood inundation area, at an elevation below 566 feet above mean sea level. Raising the roadway as designed will require the import of fill dirt, which in turn reduces the reservoir’s water storage capacity during extreme storm events. To mitigate this impact, the USACE requires that fill material be sourced from within the flood inundation area itself.
On April 15, 2025, the City Council approved a Fill Dirt and Release Agreement with the Orange County Flood Control District (OCFCD), authorizing the transfer of 10,820 cubic yards of fill dirt from OCFCD-owned parcels located at the southeast corner Pine and Johnson Avenues. This agreement outlines the terms and conditions governing the use of this fill material for Pine Avenue Stage 3.
Because the developer, and not the City, will be constructing the Pine Avenue Stage 3 improvements, the existing Subdivision Improvement Agreement for Tract Map No. 20161 must be amended. The amendment incorporates the terms of the Fill Dirt and Release Agreement and assigns compliance responsibilities to the developer.
Therefore, it is staff’s recommendation that the City Council approve Amendment No. 1 to the Subdivision Improvement Agreement for Tract Map No. 20161 to incorporate the provisions of the Fill Dirt and Release Agreement, and authorize the City Manager to execute all necessary documents
Attachments:
• Exhibit A - Fully Executed Subdivision Improvement Agreement & Bonds
• Exhibit B - Fully Executed Fill Dirt & Release Agreement OCFCD
• Exhibit C - Amendment No. 1 Subdivision Improvement Agreement