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Page 2 of 4 entities having any right, title, or interest in the public service easement. BACKGROUND On February 21, 1989, the City Council adopted Resolution No. 89-89 certifying an environmental impact report for Case PUD-87-19, “Equus Heights” an irregularly-shaped 50.36-acre property west of Foothill Road opposite Foothill High School. On March 7, 1989, the City Council adopted Ordinance No. 1399 (PUD-87-19), that rezoned the Equus Heights property from “A” (Agricultural) to the PUD – Low Density Residential and Rural Density Residential District. On December 12, 1990, the Planning Commission adopted Resolution PC 90-116, approving Tentative Tract Map 6275. This allowed subdivision of the approximately 50.36-acre property into 22 single-family residential lots by the property owners Dr. and Mrs. William Yee. On December 10, 1991, the City Council approved improvement plans, a final map and a Subdivision Agreement for Tract 6275, Equus Heights, Phase I. Said final map created only six of the allowed 22 single-family residential lots on the southern portion of the property. The final map was subsequently recorded on December 31, 1991 (Book 199 of Maps at Pages 51 through 54). On December 1, 1992, the City Council approved an extension of the Subdivision Agreement for Tract 6275, Equus Heights, Phase I. On March 25, 1998, the Planning Commission adopted Resolution Nos. PC-98-20 and PC-98- 21, approving a modified Planned Unit Development (PUD-98-01) plan for the six lots originally approved as PUD-87-19, Equus Heights. This modification relocated the entrance road north to align with what was known as “Fuller Road” and eliminated the open space parcels. The application was submitted by Dong Yu Real Estate Development (successor to Yee) and included Tentative Tract Map 7030. On May 19, 1998, the City Council adopted Resolution No. 98-68, approving a draft negative declaration under CEQA, making the PUD development plan findings for PUD-98-01, Equus Heights. On June 2, 1998, the City Council adopted Ordinance No. 1747, which approved PUD-98-01. On June 28, 2000, the Planning Commission adopted a motion recommending that Dong Yu Real Estate Development’s request for an approval extension for PUD-98-01-1M be denied and that the City Council consider reverting the original six-lot subdivision to acreage. On July 12, 2000, the Planning Commission again considered Dong Yu Real Estate Development’s request for an approval extension and adopted a motion to continue PUD-98- 01-1M, Tract Map 7030 (Equus Heights), indefinitely. The final map for Tract 7030 was neither processed nor recorded. In 2022, the property was purchased by 1400 Foothill LLC. The new owner has been pursuing subdivision improvements according to the original Ordinance No. 1399 (PUD-87-19) and Page 226 of 782