Cities Index.
LAFCO Application

Chino City Council
September 19, 2023

Document
LAFCO Application
Meeting
September 19, 2023
Body
Chino City Council
Pages
7
Original file
4.1 MB
Text extracted from the city's file for reading and search. Open the original on chino.legistar1.com. That file is the official record.

____________________
(FOR LAFCO USE ONLY)

SAN BERNARDINO LAFCO

APPLICATION FOR

EXTENSION OF SERVICE BY CONTRACT
(A certified copy of the City Council/District Board of Directors resolution or a letter from the City Manager/General Manager requesting approval for an out-of-agency service agreement must be submitted together with this application form.)
AGENCY TO EXTEND SERVICE:

AGENCY NAME: _________________________________________ CONTACT PERSON: _________________________________________ ADDRESS: _________________________________________ _________________________________________
PHONE: _________________________________________
EMAIL: _________________________________________
CONTRACTING PARTY:

NAME OF
PROPERTY OWNER: _________________________________________ CONTACT PERSON: _________________________________________ MAILING ADDRESS: _________________________________________ _________________________________________
PHONE: _________________________________________
EMAIL: _________________________________________

ADDRESS OF PROPERTY
PROPOSED FOR CONTRACT: _________________________________________ _________________________________________
CONTRACT NUMBER/IDENTIFICATION: _________________________________________ PARCEL NUMBER(S): _________________________________________ ACREAGE: _________________________________________
City of Chino
Jesus Plasencia
13220 Central Avenue
Chino, CA 91710
(909) 334-3417
[email protected]
Chino, CA 91710
See attached Exhibit A - Legal Description

4.93-acre lot
1016-331-05
Surya M. Reddy & Arunasri M. Reddy
Arunasri M. Reddy
3579 E. Foothill Blvd., #714
Pasadena, CA 91107
(951) 544-5832
[email protected]
12594 Roswell Avenue
Extension of Service by Contract ____________________
Application Form (FOR LAFCO USE ONLY)T
he following questions are designed to obtain information related to the proposed agreement/contract to allow the Commission and staff to adequately assess the proposed service extension. You may include any additional information which you believe is pertinent.

Please use additional sheets where necessary.

1. (a) List the type or types of service(s) to be provided by this agreement/contract. ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ (b) Are any of the services identified above "new" services to be offered by the agency? YES NO. If yes, please provide explanation on how the agency is able to provide the service.
________________________________________________________________ ________________________________________________________________ ________________________________________________________________

2. Is the property to be served within the agency's sphere of influence? YES NO

3. Please provide a description of the service agreement/contract. ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________

4. (a) Is annexation of the territory by your agency anticipated at some point in the future? YES NO. If yes, please provide a projected timeframe when it anticipates filing an application for annexation of territory that would include the area to be served. If no, please provide an explanation as to why a jurisdictional change is not possible at this time.
________________________________________________________________ ________________________________________________________________ ________________________________________________________________ Sewer service to a 32,400 square-foot place of worship ("Temple") andA nnexationR
efer to the Covenant Agreement to Annex for Sanitary Sewer Connection. will not occur until a logical block of properties, such as a tract or whole block is ready to annex to the City.a
4,000 square-foot care takers unit on a 4.93-acre lot.

The developer will construct 750 linear feet of 8” sewer main on Placentia Rd. to connect to the City’s existing sewer main on East End Avenue.(a ttached as Exhibit B)
Extension of Service by Contract ____________________
Application Form (FOR LAFCO USE ONLY)
(b) Is the property to be served contiguous to the agency's boundary? YES NO. If yes, please provide explanation on why annexation to the agency is not being contemplated.
________________________________________________________________ ________________________________________________________________ ________________________________________________________________

5. Is the service agreement/contract outside the Agency’s sphere of influence in response to a threat to the public health and safety of the existing residents as defined by Government Code Section 56133(c)?
YES NO. If yes, please provide documentation regarding the circumstance (i.e. letter from Environmental Health Services or the Regional Water Quality Control Board). ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________

6. (a) What is the existing use of the property?
________________________________________________________________ ________________________________________________________________ (b) Is a change in use proposed for the property ? YES NO. If yes, please provide a description of the land use change.
________________________________________________________________ ________________________________________________________________ 7 . If the service agreement/contract is for development purposes, please provide a complete description of the project to be served and its approval status. ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ See response 4(a).

Vacant lot
Zoning - RD2
The owner received approval from the County's Planning Commission in Dec. 2020. (attached as Exhibit C)
Extension of Service by Contract ____________________
Application Form (FOR LAFCO USE ONLY)

8. Are there any land use entitlements/permits involved in the agreement/contract? YES NO. If yes, please provide documentation for this entitlement including the conditions of approval and environmental assessment that are being processed together with the project. Please check and attach copies of those documents that apply:

Tentative Tract Map / Parcel Map
Permit (Conditional Use Permit, General Plan Amendment, etc.) Conditions of Approval
Negative Declaration (Initial Study)
Notice of Determination (NOD)/Notice of Exemption (NOE) Department of Fish and Game (DFG) Receipt
Others (please identify below)
________________________________________________________________ ________________________________________________________________

9. Has the agency proposing to extend service conducted any CEQA review for this contract? YES NO. If yes, please provide a copy of the agency’s environmental assessment including a copy of the filed NOD/NOE and a copy of the DFG Receipt.

10. Plan for Service:
(a) Please provide a detailed description of how services are to be extended to the property. The response should include, but not be limited to, a description of:
1) capacity of existing infrastructure, 2) type of infrastructure to be extended or added to serve the area, 3) location of existing infrastructure in relation to the area to be served, 4) distance of infrastructure to be extended to serve the area, and 5) other permits required to move forward with the service extension. ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ _______________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ Permits must be obtained from the City of Chino and the County of San Bernardino.

Refer to 1(b) & Exhibit B - Covenant Agreement (Location Map) Extension of Service by Contract ____________________
Application Form (FOR LAFCO USE ONLY)
________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ (b) Please provide a detailed description of the overall cost to serve the property.

The response should include the costs to provide the service (i.e. fees, connection charges, etc.) and also the costs of all improvements necessary to serve the area (i.e. material/equipment costs, construction/installation costs, etc.).
(c) Please identify any unique costs related to the service agreement such as premium outside City/District rates or additional 3rd-party user fees and charges (i.e. fees/charges attributable to other agencies).
________________________________________________________________ ________________________________________________________________ ________________________________________________________________ SB County permits for both on-site private sewer and road/sidewalk.

Extension of Service by Contract ____________________
Application Form (FOR LAFCO USE ONLY)
(d) If financing is to occur, please provide any special financial arrangement between the agency and the property owner, including a discussion of any later repayment or reimbursement (If available, a copy of the agreement for repayment/reimbursement is to be provided).
________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 11 Does the City/District have any policies related to extending service(s) outside its boundary?
YES NO. If yes, has a copy been provided to LAFCO?
YES NO. If not, please include a copy of the policy or policies (i.e. resolution, municipal code section, etc.) as part of the application. ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ C

CEERRTTIIFFIICCAATTIIOONN
As a part of this application, the City of Chino, agrees to defend, indemnify, hold harmless, promptly reimburse San Bernardino LAFCO for all reasonable expenses and attorney fees, and release San Bernardino LAFCO, its agents, officers, attorneys, and employees from any claim, action, proceeding brought against any of them, the purpose of which is to attack, set aside, void, or annul the approval of this application or adoption of the environmental document which accompanies it.

This indemnification obligation shall include, but not be limited to, damages, penalties, fines and other costs imposed upon or incurred by San Bernardino LAFCO should San Bernardino LAFCO be named as a party in any litigation or administrative proceeding in connection with this application.

The agency signing this application will be considered the proponent for the proposed action(s) and will receive all related notices and other communications. I understand that if this application is approved, the Commission will impose a condition requiring the applicant to indemnify, hold harmless and reimburse the Commission for all legal actions that might be initiated as a result of that approval.S
ee attached Exhibit D - City Council Resolution No. 2022-041 N/A
Extension of Service by Contract ____________________
Application Form (FOR LAFCO USE ONLY)
I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this evaluation of service extension to the best of my ability, and that the facts, statement and information presented herein are true and correct to the best of my knowledge and belief.

SIGNED ________________________________
NAME: _____________________________
POSITION TITLE: _____________________________
DATE: _____________________________
REQUIRED EXHIBITS TO THIS APPLICATION:

1. Copy of the agreement/contract.

2. Map(s) showing the property to be served, existing agency boundary, the location of the existing infrastructure, and the proposed location of the infrastructure to be extended.

3. Certified Plan for Service (if submitted as a separate document) including financing arrangements for service.

Please forward the completed form and related information to:

Local Agency Formation Commission for San Bernardino County 1170 W. Third Street, Unit 150,
San Bernardino, CA 92415-0490
PHONE: (909) 388-0480 ● FAX: (909) 388-0481
Rev: krm – 8/19/2015
Jesus Plasencia
Assistant City Engineer

EXHIBIT A

PROPERTY DESCRIPTION

That certain real property in the County of San Bernardino, State of California, legally described as follows:

THAT PORTION OF LOT 35, SECTION 4, TOWNSHIP 2 SOUTH, RANGE 8 WEST, SAN

BERNARDINO MERIDIAN, ACCORDING TO MAP OF SUBDIVISION OF PART OF RANCHO SANTA

ANA DEL CHINO, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 6, PAGE 15 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF

SAID COUNTY, LYING SOUTHWESTERLY OF THE CENTERLINE OF THE RIGHT OF WAY OF THE POMONA AND ELSINORE RAILROAD.

EXCEPTING THEREFROM THAT PORTION DEEDED TO THE STATE OF CALIFORNIA DESCRIBED AS FOLLOWS:

COMMENCING AT A POINT IN THE EAST LINE OF EAST END AVENUE, 66 FEET WIDE, ADJOINING LOT 36 OF SAID SECTION 4 ON THE WEST, DISTANT ALONG SAID EAST LINE SOUTH 0° 32’ 13” EAST 383.34 FEET FROM THE SOUTH LINE OF WALNUT AVENUE, 66 WIDE, ADJOINING SAID LOTS 35 AND 36 ON THE NORTH; THENCE 36° 6’ 37” EAST 43.54 FEET TO A CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 5,033 FEET; THENCE EASTERLY ALONG SAID CURVE FROM A TANGENT BEARING NORTH 73° 45’ 5” EAST, THROUGH AN ANGLE OF 7° 13’ 5” AN ARC DISTANCE OF 634.05 FEET TO THE TRUE POINT OF BEGINNING; THENCE TANGENT TO SAID CURVE, NORTH 66° 32’ 00” EAST 112.2 FEET, MORE OR LESS, TO SAID CENTERLINE OF RAILROAD RIGHT OF WAY.

ALSO EXCEPTING THEREFROM AN UNDIVIDED ONE-HALF INTEREST IN AND TO THE WELL AND PUMPING PLANT LOCATED ON THE WEST 8 FEET OF THE EAST 170.48 FEET OF THE SOUTH 39.5 FEET OF THE NORTH 499.92 FEET THEREOF.

NOTE: NOTWITHSTANDING ANYTHING TO THE CONTRARY, NO INSURANCE WILL BE MADE AS TO THE TITLE OF ANY PERSONAL PROPERTY.

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01225.0006/699634.4 BWB

RECORDING REQUESTED BY AND WHEN
RECORDED MAIL TO:

City of Chino
City Clerk
P.O. Box 667
Chino, CA 91708

Exempt from recording fees according to
Government Code Section No. 27383
SPACE ABOVE THIS LINE FOR RECORDER’S USE

COVENANT AGREEMENT TO ANNEX

AND FOR SANITARY SEWER CONNECTION

This Covenant Agreement (“Agreement”) is made this ____ day of ____ __________, 2023, by and between the City of Chino, a municipal corporation , hereinafter referred to as “City”, and Surya M. Reddy and Arunasri M. Reddy, hereinafter referred to as “Owner.”

RECITALS

A. Owner owns that certain real property located at 12594 Roswell Avenue, Chino, CA (APN 1016-331-05) in the County of San Bernardino, State of California, and more particularly described in Exhibit “A” attached hereto (“Property”).

B. The Property is outside of City’s territorial boundaries but within City’s Sphere of Influence.

C. Owner has requested permission to conne ct the Property, and existing and/or proposed improvements on the Property, to the City’s sanitary sewer system (“Sewer”).

D. City is willing to allow Owner to connect the Property to the Sewer on the condition that Owner (i) enter into an irrevocable agreement to annex the Property to the City at such time as the City determ ines a sufficient number of parcels are assembled for annexation and the number of parcels or area qualifies for annexation in accordance with the Local Agency Formation Commission (LAFCO) policy pertaining to such annexations, and (ii) that Owner construc ts those certain Sewer main improvements on Placentia Road sh own in Exhibit “B” attached hereto (“Sewer Main Improvements”) based on a Public Improvement Agreement to be entered into between the City and Owner as a condition to plan check approval for the Sewer connection.

E. As required by Government Code Section 56133 , the City has requested and received approval from the Local Agency Formation Commission (LAFCO) of San Bernardino County (“LAFCO”) to provide Sewer services to the Property.

AGREEMENT

Exhibit B

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01225.0006/699634.4 BWB
NOW, THEREFORE, the Parties agree as follows:

1. Incorporation of Recitals . The foregoing r ecitals are incorporated herein by reference.

2. Effective Date; Duration. This Agreement shall be effective (“Effective Date”) on the date it is recorded in the Officia l Records of San Bernardino County (“Official Records”) and shall continue in full force and effect until terminated in accordance with Section 7 below.

Owner shall execute and ack nowledge this Agreement and deliver it to City for execution after which Cit y shall have it recorded in the Official Records and send a recorded copy to Owner.

3. Owner’s Representations and Warranties . Owner represents and wa rrants to the City that, as of t he Effective Date, Owner is the fee owner of the Property , that there are no other owners of the Property other than those listed in t his Agreement, and that Owner has authority to execute this Agreement which shall be binding on the Property.

4. Covenants, Restrictions and Obligations. Owner covenants and agrees as follows:
(a) Annexation.
(i) At such time as the City decides to seek annexation of the Property to the City (“Annexation”), in the City’s sole discretion, Owner shall consent to the Annexation, shall fully coop erate with and provide all necessary assis tance to the City du ring the Annexation process, and shall take a ll actions required to effectuate the Annexation. Owner waives all rights to protest or otherwise oppose the Annexation of the Property to the City of Chino. S pecifically, Owner shall not present any written o r or al protest of or obj ection to Annexation to LAFCO and shall not ob ject (either orally or in writing) to any proposal by LAFCO to waive protest proceedings concerning the Annexation, whether at a public hearing or otherwise.
(ii) Additionally, Owner shall pay all fees and costs, at the t ime tha t they become due an d payable, as would ordina rily be charged to an Owner whose p roperty is being considered for annexation or is annexed to the City, if any. (iii) Additionally, as a condition to plan check approval by the City for the connection of the Sewer, owner shall enter into a Public Improvement Agreement with the City committing to perform the Sewer Main Improvements shown in Exhibit B and as shall be further described in the Public Improvement Agreement within the timeline to be set forth therein, providing applicable bonds for such Sewer main Improvements, complying with the public works procedures and standards imposed by City pursuant to such agreement an d all other relevant provisions therein. Owner acknowledges that it has been provided with a copy of the City’s standard Public Improvement Agreement and agrees to the use of such form and terms.
(b) Sewer Connection. Owner shall (i) pay all fees, charges, and deposits required by the City for connection to and use of the Sewer including but not limited to fees for Sewer Maintenance and IEUA Sewage Treatment ; (ii) shall complete all improvements required to extend the Sewer to the Property, in accordance with City standards (as determined by the City Engineer), at Owner’s sole expense; and (iii) shall comply with all City

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01225.0006/699634.4 BWB
codes and standards regarding use of the Sewer, in cluding but not limited to, discharge regulations. At such time Owner completes the Sewer Main Improvements, owner shall have nor further liability or obligation with respect to the Sewer Main Improvements except as otherwise provided in this Section 4(b).

5. Extension of Se wer Servic es. City agrees to allow the Property to connect t o the Sewer, subject to Owner’s compliance with t he terms of this Agreement and subject to any conditions imposed by LAFCO in its approval of City ’s request to extend Sewer services to the Property, if any, which are incorporated herein.

6. Runs with the Lan d. This Agreement shall run with and burden the Prope rty and all future owners, tenants, and occupants of the Property, and shall run in favor of the City in gross as a covenant and equitable servitude and shall benefit all real property o wned by the City from time to time.

7. Release of Cove nant. Provided Ow ner i s not in default of t his Agreement, Owner may request that this Agreement be released by sending written notic e to City requesting the release after the Property has been an nexed to the City of Chi no. Upon confirma tion of compliance with the foregoing to the reasonable satisfaction of the City, City shall execute a release in a form approved by the City Attorney , which shall be executed and acknowledged by the City and recorded in th e Official Records. The release may be e xecuted by the City Manager.

8. Violations; Remedies.
(a) Breach of Annexation Covenant.
(i) Owner’s breach of Sectio n 4 (a)(i) of th is Agreement wi ll ca use substantial injury to the City, including but not limited t o delaying and poten tially preventing City’s ability to annex the Property and other properties to the City, which is the City’s primary aim and intent in entering into this Agreement. Since the determination of actual dama ges caused by a breach of Section 4(a )(i) would be di fficult or imp ractical to determine, City and Owner agree that if Owner breaches Section 4(a)(i) either by making a protest or objection as described in Section 4( a)(i) or refusing to take any actions requ ired to effectuate the Annexation, Owner shall be l iable for and shal l pay to the City the sum of Ten Tho usand Dollars ($10,000), and shall also reimburse the City for all costs (including l egal fees) incurred by the City as a result of Owner’s breach, all of which shall be due upon demand by the City , and shall be due whether or not Owner ’s breach pre vents Annexation. City may also seek any other remedy for such breach available under law. (ii) If Owner refuses or fails to timely make any payment described in Section 4(a)(ii), Owner authorizes City to ma ke such payment on Owner’s behalf and Owner shall reimburse City for such payment within (30) days of a written demand by the City. (b) Breach of Sewer Regulations. If the City believes Owner has violated Section 4(c) of this Ag reement, City ma y provide writte n no tice of breach and demand that O wner remedy the breach within thirty (30) days of receipt of the notice . If Owner fails to remedy the breach in the specified time period and provide proof thereof to the reasonable satisfaction of the City, Owner shall be liable for and shall pay to the City One Hund red Dollars ($100.00) per day until the breach is cured to the City’s reasonable satisfaction.

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(c) Rights and Remedies are Cumulativ e. The rights and remedies of the City listed in this Section 8 are cumulative and the exercise by City of one or more of such rights or remedies shall not preclude the exercis e by it, at the same or different times, of any other rights or remedies for the same default or any other default by Owner. (d) Lien. If any amount due to the City under this Section 8 is not paid within thirty (30) days of a written demand by the City, City shall have the right to record a lien against the Property for such amount.

9. Amendment or Modification . This Agree ment may not be amended or modified except (i) in writing executed by the then current owner(s) of the Property and the City, and (ii) recorded in the Official Records.

10. Notices. Any notice to be given under this Agre ement shall be given by personal delivery or by depositing the sam e in the United States Mail, certified or registered , postage prepaid, at the following addresses:

City: City of Chino
13220 Central Avenue
Chino, CA 91710
Attn: Director of Development Services

With Copy to: City of Chino
13220 Central Avenue
Chino, CA 91710
Attn: City Attorney

Owner: Surya M. Reddy and Arunasri M. Reddy
3579 E. Foothill Blvd., #714
Pasadena, CA 91107
Any notice delivered personally shall be effective upon delivery. Any notice giv en by mail as above pr ovided shall be effect ive forty -eight (48) ho urs after deposi t in the mail. Any party may change address for notice by giving written notice of such change to the other party.

11. Miscellaneous.
(a) Severability. If any term of this Agre ement is held by a cou rt of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.
(b) Governing Law. This Agreemen t shall be construed a nd enforced in accordance with the laws of the State of Californi a and any legal action shall be brought in a court of competent jurisdiction in San Bernardino County. (c) Attorney's Fees. In the event of any li tigation or other legal proceeding arising from this Agreement, the prevailing party will be entitled to reco ver, in addition to any other relief awarded or grant ed, its re asonable costs and e xpenses, including attorney's fees, incurred in the proceeding.

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(d) Final Agreement . This Agreement contains the entire understandi ng and agreement with respect to the subje ct matt er of thi s Agreement and all prior or contemporaneous do cuments, communications, understandings, representations, and statements shall be of no force or effect.
(e) Construction. This Agreement shall be construed according to its fair meaning as if prepared by all parties to this Agreement. Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent. (f) No Waiver . The failure t o enforce any term, cov enant, or condit ion of this Agreement shall not be construed as a waiver of the right to enforc e this, or any other, term, covenant, or condition of this Agreement.
(g) Counterparts. This Agreement may be executed in any number of counterparts each of whic h shall be an or iginal but all of which sh all con stitute o ne and the same document.

[Signatures on Following Page]

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01225.0006/699634.4 BWB
IN WITN ESS WHEREOF, the parties here to have caused this agreement to be executed by their respective officials thereunto duly authorized.

CITY:

CITY OF CHINO, a municipal corporation

Linda Reich, City Manager

ATTEST:

Natlie Gonzaga, City Clerk

APPROVED AS TO FORM: APPROVED AS TO CONTENT:

ALESHIRE & WYNDER, LLP

Fred Galante, City Attorney Warren Morelion, AICP
Interim Director of Development Services
Department

OWNERS:

By:

Name: Surya M. Reddy

By:

Name: Arunasri M. Reddy

[OWNERS’ SIGNATURES SHALL BE NOTARIZED]

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01225.0006/699634.4 BWB

EXHIBIT A

PROPERTY DESCRIPTION

That certain real property in the County of San Bernardino, State of California, legally described as follows:

THAT PORTION OF LOT 35, SECTION 4, TOWNSHIP 2 SOUTH, RANGE 8 WEST, SAN

BERNARDINO MERI DIAN, ACCOR DING TO MAP OF S UBDIVISION OF PART OF RANCHO

SANTA ANA DEL CHINO, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER M AP RECORDED IN BOOK 6, PAGE 15 OF MAPS, IN THE OFFICE OF THE COUNTY

RECORDER OF SAID COUNTY, LYING SOUTHWESTERLY OF THE CENTERLINE OF THE RIGHT OF WAY OF THE POMONA AND ELSINORE RAILROAD.

EXCEPTING THEREFROM THAT PORTION DEEDED TO THE STATE OF CALIFORNIA DESCRIBED AS FOLLOWS:

COMMENCING AT A POINT IN THE EAST LINE OF EAST END AVENUE, 66 FEET WIDE, ADJOINING LOT 36 OF SAID SECTION 4 ON THE WEST, DISTANT ALONG SAID EAST LINE SOUTH 0° 32’ 13” EAST 383.34 FEET FROM THE SOUTH LINE OF WALNUT AVENUE, 66 WIDE, ADJOINING SAID LOTS 35 AN D 36 ON THE NORTH; THENCE 36° 6’ 37” EAST 43.54 FEET TO A CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 5,033 FEET; THEN CE EASTERLY ALONG SAID CURVE FROM A TANGENT BEARING NORTH 73° 45’ 5” EAST, THROUGH AN ANGLE OF 7° 13’ 5” AN ARC DISTANCE OF 634.05 FEET TO THE TRUE POINT OF BEGINNING; THENCE TANGENT TO SAID CURVE, NORTH 66° 32’ 00” EAST 112.2 FEET, MORE OR LESS, TO SAID CENTERLINE OF RAILROAD RIGHT OF WAY.

ALSO EXCEPTING THEREFROM AN UNDIVIDED ONE -HALF INTEREST IN AND TO THE WELL AND PUMPING PLANT LOCAT ED ON THE WEST 8 FEET OF THE EAST 170.48 FEET OF THE SOUTH 39.5 FEET OF THE NORTH 499.92 FEET THEREOF.

NOTE: NOTWITHSTANDING ANYTHING TO THE CONTRARY, NO INSURANCE WILL BE MADE AS TO THE TITLE OF ANY PERSONAL PROPERTY.

01225.0006/699634.4 BWB

EXHIBIT B

SEWER MAIN IMPORVEMENTS

[attached]

December 29, 2020

Arunasri M. Reddy Pravin Shukla
3579 E. Foothill Boulevard # 714 23750 Gamma Street Pasdena, CA 91107 Moreno Valley, CA 92553

RE: A CONDITIONAL USE PERMIT REQUEST TO CONSTRUCT A TWO -STORY, 32,400 SQUARE-FOOT PLACE OF WORSHIP (TEMPLE) AND A 4,000 SQUARE FOOT CARE TAKERS UNIT ON A 4.93 ACRE LOT AT 12594 ROSWELL AVENUE, CHINO, CA 91710 IN THE RS-20M ZONING DISTRICT AND VERY LOW DENSITY RESIDENTIAL (VLDR) LAND USE CATEGORY ; APN : 1016-331-05 & 06 ; 4th SUPERVISORIAL DISTRICT; PROJECT NO.: P201800549 (PROJ-2020-00056)

Dear Mrs. Reddy,

On December 17, 2020 , the Planning Commission approved the above -referenced Project, a Conditional Use Permit to construct a two-story, 32,400 square-foot place of worship (Temple) and 4,000 square foot caretakers unit on a 4.93 acre lot , pursuant to Chapter 85.12.030 of the San Bernardino County Development Code and the conditions of approval contained herein.

This decision becomes effective on December 29, 2020, unless an appeal is filed. Any person may file an appeal to the Planning Commission prior to the effective date. The appeal, accompanied by the $1,712.00 appeal fee, must be made in writing on the forms available from the Public Information Counter or on the San Bernardino County Land Use Services webpage (http://cms.sbcounty.gov/lus/Planning/Applications.aspx).

These Conditions of Approval and the approved site plan are considered the final development criteria and design for this project. This is not considered approval of a conceptual design.

Therefore, any proposed revisions or modifications will require submittal o f a Revision to Approved Action application for review and approval, and the corresponding additional fees.

The Conditions of Approval are listed under specific headings according to when each condition must be completed for the applicable County Departm ent. The headings are: General Requirements, Prior to Issuance of Grading Permits or Land Disturbing Activities, Prior to Issuance of Building Permits, and Prior to Final Inspection or Occupancy. Also enclosed are Condition Compliance Release Forms that li st each County Department/Division or outside agency – when applicable, that must sign-off on the project for each stage of development before Building and Safety permits can be issued. In accordance with SBCC §86.06.060, the Conditional Use Permit must be deemed “exercised” within thirty-six (36) months of the effective date or the approval shall expire. The Conditional Use Permit is deemed to have been exercised when actual construction or alternation under a valid Building Permit has commenced. An extension of time in compliance with SBCC §86.06.060(b) may be granted for a maximum of thirty -six (36) months, Land Use Services Department
Planning

Terri Rahhal
Director
385 N. Arrowhead Avenue, First Floor, San Bernardino, CA 92415 | Phone: 909.387.8311 Fax: 909.387.3223 Exhibit C
P201800549 (PROJ-2020-00056) / Conditional Use Permit
PAGE 2 of 2

upon filing an Extension of Time Application and the necessary fee to this office at least thirty (30) days prior to the expiration date.

If you have any questions regarding this approval, you can reach me directly at (909) 387-4421 or via e-mail at [email protected]
.

Sincerely,

Steven Valdez, Senior Planner

SV/drp/lb

E
xhibit D

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