Agenda packet — Chino City Council, October 3, 2023 (part 3 of 5)

East End Annexation: The East End Annexation area in not located within or near a wildfire State Responsibility Area, nor is the land classified as a VHFHSZ. No physical development is proposed on any property within the East End Annexation area except on the 3.59-acre Industrial Development Site, and the balance of the annexation area is already developed with industrial uses, local roads, and access to State highways. Therefore, the proposed annexation action would not impair an emergency response or evacuation plan. Future development of any property within the remaining 53.28 acres of the annexation area would be subject to CEQA review and would be required to comply with 239 California Department of Forestry and Fire Protection. Fire and Resource Assessment Program (FRAP). FHSZ Viewer. https://egis.fire.ca.gov/FHSZ/ (accessed April 14, 2022). 392

Significance Conclusion: Based on the above discussion and analysis, the proposed project would not substantially impair an adopted emergency response plan or emergency evacuation plan within a VHFHSZ. Impacts are less than significant and mitigation is not required. b. Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire?
Less than Significant Impact
Discussion of Effect:

Industrial Development Site: As described above, the Industrial Development Site is not located within or near a wildfire State Responsibility Area, nor is the land classified as a VHFHSZ. The land on site and vicinity is relatively flat. Wildfires have the tendency for uncontrolled spread when the terrain is hilly or mountainous and not conducive to practicable firefighting capabilities. The likelihood of uncontrolled spread of a wildfire near or on the Industrial Development Site would be relatively low since the surrounding topography is relatively flat and substantially developed.

San Bernardino County and Chino are subject to seasonal wind events including times during the fall when Santa Ana Wind conditions are prevalent. Santa Ana Wind conditions in the area of the Industrial Development Site typically blow from a northeast to southwest direction (an offshore flow).

Wildfires have been recorded to occur in such Santa Ana Wind events sometimes leading to uncontrolled spread of wildfires. CAL FIRE and the San Bernardino County Fire Department have taken these conditions and the locations of Fire Hazard Severity Zones into consideration when determining potential impacts associated with wildfire spread within the City of Chino and surrounding cities. If such a conflagration240 driven by winds were to get out of control, the CVIFPD and San Bernardino County Fire Department have procedures in place to respond to such an emergency and evacuate residents and employees as needed.241 Additionally, the industrial development would be required to comply with the City’s Weed Abatement Program to reduce fire risk. 242 Wind events can also result in smoke drift from nearby wildfires resulting in smoke settling in lowlying areas. The City is located in a valley between the San Gabriel Mountains and the Chino Hills; as such, the potential for smoke settlement from nearby wildfires can be expected to occur. Such smoke settlement would be temporary and would more than likely clear out within a couple days of when settlement commenced (based on weather conditions).

East End Annexation: The East End Annexation area in not located within or near a wildfire State Responsibility Area, nor is the land classified as a VHFHSZ. The land within the annexation area and vicinity is primarily developed with industrial uses and is relatively flat. Future development within the annexation area would be subject to CEQA review and would be required to comply with the City’s 240 Conflagration is an extensive fire that destroys a great deal of land or property. 241 Chino Valley Fire District. 2018 Master Plan Update. Page 20. July 19, 2018. 242 City of Chino. Final General Plan EIR. Page 3-9. May 2010. 393

Significance Conclusion: Based on the discussion and analysis above, implementation of the proposed project would have a low probability of exposing occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire due to slope or prevailing winds. Impacts would be less than significant. Mitigation is not required.
c. Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may result in temporary or ongoing impacts to the environment?
Less than Significant Impact
Discussion of Effect:

Industrial Development Site: As described above, the Industrial Development Site is not located within or near a wildfire State Responsibility Area, nor is the land classified as a VHFHSZ. The site plan includes development of three industrial warehouse buildings with office space, on-site utility infrastructure, surface parking lots, and off-site improvements to existing surrounding roads and utility infrastructure. The industrial development would not incorporate infrastructure (such as roads, fuel breaks, emergency water sources, power lines, or other non-existing utilities) that may exacerbate fire risk because all improvement would be implemented in an urbanized setting in accordance with the 2022 CBC, California Fire Code, and applicable local ordinances. Additionally, the project would reconfigure the existing utilities within the right-of-way dedication area by relocating them underground along Philadelphia Street and East End Avenue pursuant to City Municipal Code Section 13.32.030 (Requirement to underground utility devices), which would further reduce wildfire risk in the site vicinity.

East End Annexation: The East End Annexation area in not located within or near a wildfire State Responsibility Area, nor is the land classified as a VHFHSZ. The land within the annexation area and vicinity is primarily developed with industrial uses, roads, and utility infrastructure. Future development and improvements within the annexation area would be required to comply with the 2022 CBC, California Fire Code, and applicable local ordinances when site-specific development applications are submitted to the City for those properties.

Significance Conclusion: Based on the above discussion and analysis, the proposed project would not incorporate infrastructure (such as roads, fuel breaks, emergency water sources, power lines, or other non-existing utilities) that may exacerbate fire risk. Impacts would be less than significant, and mitigation is not required.
d. Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? Less than Significant Impact
Discussion of Effect:
394

IN I T I A L S T U D Y / M I T I G A T E D NE G A T I V E DE C L A R A T I O N J U N E 2 0 2 3 PH I L A D E L P H I A S T R E E T IN D U S T R I A L D E V E L O P M E N T S I T E A N D EA S T EN D A N N E X A T I O N P R O J E C T CI T Y O F C H I N O, SA N B E R N A R D I N O CO U N T Y , CA L I F O R N I A P:\GMS2201_Chino Industrial IS-MND\Initial Study\Public Review Draft\2nd Public Review Draft\IS-MND_Philadelphia Street Industrial Project.docx (06/26/23) 3-162 Industrial Development Site: As described above, the Industrial Development Site is not located within or near a wildfire State Responsibility Area, nor is the land classified as a VHFHSZ. According to the City’s Local Hazard Mitigation Plan, the Industrial Development Site is not located in flood hazard or inundation zones,243 and the site is not located near bodies of water or enclosed water storage features which could result in tsunamis or seiches. Therefore, risks associated with runoff caused by post-fire slope instability or post-fire drainage change are low.

The Industrial Development Site is located on land that is relatively flat, and the foothills of the Chino Hills are approximately 2.25 miles south of the site. Additionally, the land between the Industrial Development Site and the Chino Hills is developed with residential, commercial, and industrial uses.

The distance, slope, and intervening uses between the Industrial Development Site and the foothills of the Chino Hills precludes the site from significant risks due to landslides caused by post-fire slope instability or post-fire drainage changes.

East End Annexation: The East End Annexation is not located within or near a wildfire State Responsibility Area, nor is the land classified as a VHFHSZ. Similar to the Industrial Development Site discussed above, the annexation area is relatively flat and land between the annexation area and the foothills of the Chino Hills is developed with residential, commercial, and industrial uses. The distance, slope, and intervening uses between the annexation area and the foothills of the Chino Hills precludes the annexation area from significant risks due to landslides caused by post-fire slope instability or post-fire drainage changes. Additionally, future development within the 53.28-acre East End Annexation area would be subject to CEQA review to evaluate risks from landslides caused by postfire slope instability or post-fire drainage changes when site-specific development applications are submitted to the City for those properties.

Significance Conclusion: Based on the above discussion and analysis, the proposed project would not expose persons or structures to post-fire slope instability or post-fire drainage. Impacts would be less than significant, and mitigation is not required.
243 City of Chino. Local Hazard Mitigation Plan. Figure 4-4: Flood Hazard Map and Figure 4-6: Prado Dam Inundation Map.

Approved and Adopted May 15, 2018.
395

3.21 MANDATORY FINDINGS OF SIGNIFICANCE
Does the project:

Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a. Have the potential to degrade the quality of the
environment, substantially reduce the habitat of a
fish or wildlife species, cause a fish or wildlife
population to drop below self-sustaining levels,
threaten to eliminate a plant or animal community,
reduce the number or restrict the range of a rare or
endangered plant or animal or eliminate important
examples of the major periods of California history
or prehistory?
b. Have impacts that are individually limited, but
cumulatively considerable? (“Cumulatively
considerable” means that the incremental effects
of a project are considerable when viewed in
connection with the effects of past projects, the
effects of other current projects, and the effects of
probable future projects.)
c. Have environmental effects that will cause
substantial adverse effects on human beings, either
directly or indirectly?
a. Have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory?
Less Than Significant with Mitigation Incorporated
Discussion of Effect:

Industrial Development Site: Implementation of Mitigation Measures CUL-1 and CUL-2, Mitigation Measures TCR-1 through TCR-3, and Mitigation Measure GEO-2 would ensure that potential impacts to historic, archaeological, tribal, and paleontological sources that could be uncovered during construction activities would be reduced to less than significant levels. Implementation of Mitigation Measures BIO-1 would ensure that potential impacts to nesting birds are reduced to a less than significant level. Therefore, with the incorporation of mitigation measures, development of the Industrial Development Site would not: (1) degrade the quality of the environment; (2) substantially reduce the habitat of a fish or wildlife species; (3) cause a fish or wildlife species population to drop below self-sustaining levels; (4) threaten to eliminate a plant or animal community; (5) reduce the number or restrict the range of a rare or endangered plant or animal; or (6) eliminate important examples of the major periods of California history.
396

IN I T I A L S T U D Y / M I T I G A T E D NE G A T I V E DE C L A R A T I O N J U N E 2 0 2 3 PH I L A D E L P H I A S T R E E T IN D U S T R I A L D E V E L O P M E N T S I T E A N D EA S T EN D A N N E X A T I O N P R O J E C T CI T Y O F C H I N O, SA N B E R N A R D I N O CO U N T Y , CA L I F O R N I A P:\GMS2201_Chino Industrial IS-MND\Initial Study\Public Review Draft\2nd Public Review Draft\IS-MND_Philadelphia Street Industrial Project.docx (06/26/23) 3-164 East End Annexation: No physical development is proposed on any property within the East End Annexation area except on the 3.59-acre Industrial Development Site, and the balance of the annexation area is already developed primarily with industrial uses. No change in physical baseline conditions would occur within the remaining 53.28 acres of the annexation area as a result of the project.

Significance Conclusion: With implementation of Mitigation Measures CUL-1 and CUL-2, Mitigation Measures TCR-1 through TCR-3, Mitigation Measure GEO-2, and Mitigation Measures BIO-1, the project would not have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory. This impact would be less than significant with mitigation incorporated. b. Have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.)
Less Than Significant Impact
Discussion of Effect:

Industrial Development Site: As presented in the discussion of environmental checklist Sections 3.1 through 3.20, development of the Industrial Development Site would have no impact, a less than significant impact, or a less than significant impact after mitigation with respect to all environmental issues.

The Industrial Development Site has a San Bernardino County zoning designation of Single-Family Residential (RS-20M) but is within the City of Chino Sphere of Influence and has a land use designation of Light Industrial per the Chino General Plan.244 Accordingly, the project would include a zone change of the Industrial Development Site from Single-Family Residential (RS-20M) to Light Industrial (M1) as a municipal exercise to achieve consistency of land use development in accordance with the City of Chino’s existing General Plan Light Industrial land use designation of the site (refer to Table 2.2.A:

Existing and Proposed Zoning). Because the proposed development of the Industrial Development Site is consistent with the City’s General Plan land use designation for the property, it is also consistent with growth projections of the City and therefore would not directly or indirectly induce unplanned growth in the City. Additionally, the Industrial Development Site is located within an urbanized area 244 City of Chino. General Plan 2025. Land Use Element. Figure LU-2 General Plan Land Use Designations. July 2010. https://cityofchino.org/DocumentCenter/View/415/Chino-General-Plan---04-Land-Use-PDF (accessed April 13, 2022). 397

Accordingly, the Industrial Development Site is designed to integrate within the City’s and region’s existing and proposed infrastructure framework, and cumulative overburdening of community infrastructure and service capacity is not expected to occur. Impacts specified throughout this Initial Study are considered project-specific in nature due to the limited scope of direct physical impacts to the environment.

East End Annexation: Annexation from San Bernardino County to City of Chino jurisdiction includes the entire 56.87-acre East End Annexation area, which includes the 3.59-acre Industrial Development Site, as determined by the San Bernardino County Local Agency Formation Commission (LAFCO) to create logical boundaries that improve services therein and to create clear jurisdictional responsibilities (refer to Figure 2). Similar to the 3.59-acre Industrial Development Site, the additional

53.28 acres of surrounding properties would include a zone change from San Bernardino County zoning designations Regional Industrial (IR), Community Industrial (IC), and Single-Family Residential (RS-20M) to City of Chino zoning designation Light Industrial (M1) and General Industrial (M2) (refer to Table 2.2.A: Existing and Proposed Zoning).

The Chino General Plan designation for the overall annexation area already is Light Industrial (LI) and General Industrial (GI). No physical development is proposed on any property within the East End Annexation area except on the 3.59-acre Industrial Development Site, and the balance of the annexation area is already developed primarily with industrial uses. Therefore, there would be no potential for physical environmental effects or reasonably foreseeable indirect environmental effects to the remaining 53.28 acres of surrounding properties under the proposed annexation action. Future development of any property within the remaining 53.28 acres of the annexation area would be subject to CEQA review when site-specific development applications are submitted to the City for those properties.

Significance Conclusion: The project in conjunction with other cumulative projects would result in a less than significant cumulative impact with respect to all environmental issues. Mitigation is not required.
c. Have environmental effects that will cause substantial adverse effects on human beings, either directly or indirectly?
Less Than Significant with Mitigation Incorporated
Discussion of Effect:

Industrial Development Site: In general, impacts to human beings are associated with air quality, geology and soils, hazards and hazardous materials, hydrology and water quality, and noise. The South Coast Air Basin is currently designated as a non-attainment area for ozone, PM10, and PM2.5. Development of the Industrial Development Site would not contribute significant amounts of air pollutant emissions on either a short-term or long-term basis. Adherence to SCAQMD dust control measures would further reduce short-term construction air quality impacts, and no site-specific mitigation is required.
398

IN I T I A L S T U D Y / M I T I G A T E D NE G A T I V E DE C L A R A T I O N J U N E 2 0 2 3 PH I L A D E L P H I A S T R E E T IN D U S T R I A L D E V E L O P M E N T S I T E A N D EA S T EN D A N N E X A T I O N P R O J E C T CI T Y O F C H I N O, SA N B E R N A R D I N O CO U N T Y , CA L I F O R N I A P:\GMS2201_Chino Industrial IS-MND\Initial Study\Public Review Draft\2nd Public Review Draft\IS-MND_Philadelphia Street Industrial Project.docx (06/26/23) 3-166 Prior to the issuance of a grading permit, the project applicant would be required to submit detailed grading plans and a site-specific geotechnical investigation of the Industrial Development Site prepared in conformance the current CBC and applicable Chino standards, as codified in Mitigation Measure GEO-1. These regulations and conditions require implementation of the recommendations cited in the project-specific Geotechnical Investigation pursuant to the City Municipal Code.

Demolition of the existing structure on the Industrial Development Site must occur in accordance with Mitigation Measures HAZ-1 through HAZ-3, which would ensure any lead or asbestos present would be abated in accordance with applicable regulatory guidelines prior to demolition. Furthermore, any hazardous materials utilized during construction and operation of the Industrial Development Site would be regulated by the CVIFPD and Cal/OSHA. Additionally, the routine transport, use, and disposal of hazardous materials at the site during construction and operation would be performed in accordance with the requirements of CCR Title 8, which would minimize potential health hazards for construction workers, landscapers, maintenance personnel, and residents.

Compliance with construction- and operation-phase storm water requirements, as set forth in Standard Conditions HYD-1 and HYD-2, would ensure post-development storm water runoff volume would not exceed the existing, pre-developed condition. Therefore, development of the Industrial Development Site would not result in substantial erosion or siltation on or off site; substantially increase the rate or amount of surface runoff in a manner that would result in flooding on or off site, or create or contribute runoff water that would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff.

With implementation of Mitigation Measure NOI-1, erection of temporary construction barriers would reduce noise levels to at or below the City’s construction noise standard of 70 dBA equivalent continuous sound level (Leq) at the off-site residential properties in proximity to the Industrial Development Site. Furthermore, implementation of Mitigation Measure NOI-2 would ensure potential vibration generated by construction activities would not result in building damage.

East End Annexation: No physical development is proposed on any property within the East End Annexation area except on the 3.59-acre Industrial Development Site, and the balance of the annexation area is already developed primarily with industrial uses. No change in physical baseline conditions would occur within the remaining 53.28 acres of the annexation area as a result of the project.

There would be no potential for physical environmental effects or reasonably foreseeable indirect environmental effects to the remaining 53.28 acres of surrounding properties under the proposed annexation action. Future development of any property within the remaining 53.28 acres of the annexation area would be subject to CEQA review and compliance with all applicable regulations, including the NFIP Reform Act, NFIP Section 60.3, and California Civil Code Section 1103, to ensure floodplain management pursuant to federal and State law and also ensure future development or redevelopment along the San Antonio Channel would not impede or redirect flood flows.

Significance Conclusion: With implementation of Mitigation Measure GEO-1, Mitigation Measures HAZ-1 through HAZ-3, Standard Conditions HYD-1 and HYD-2, and Mitigation measures NOI-1 and NOI-2, potential impacts on human beings would be less than significant with mitigation incorporated. 399

4.0 LIST OF PREPARERS
LSA
Dionisios Glentis, Project Manager/Senior Environmental Planner Theresa Wallace, AICP, Principal in Charge
Courtney Davis, Environmental Planner
Amy Fischer, Principal Noise Specialist
Jason Lui, Associate Noise Specialist
Stanley Spencer, Ph.D., Senior Biologist
Meredith Canterbury, Senior GIS Specialist
Matthew Phillips, Graphics Technician
400

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State of California, Executive Department. Executive Order N-7-22. March 28, 2022. https://www. gov.ca.gov/wp-content/uploads/2022/03/March-2022-Drought-EO.pdf (accessed July 1, 2022).

United States Census Bureau. n.d. QuickFacts, Chino City, California. https://www.census. gov/quickfacts/fact/table/chinocitycalifornia/PST045219 (accessed June 17, 2022).

United States Department of Energy. Energy Independence & Security Act of 2007. https://www. afdc.energy.gov/laws/eisa (accessed July 5, 2022).

United States Department of Transportation, Bureau of Transportation Statistics. n.d. Average Fuel Efficiency of U.S. Light Duty Vehicles. https://www.bts.gov/content/average-fuel-efficiencyus-light-duty-vehicles (accessed July 5, 2022).

United States Environmental Protection Agency (EPA) and the National Highway Traffic Safety Administration (NHTSA). 2016. Greenhouse Gas Emissions and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles – Phase 2. August 2016.

United States Environmental Protection Agency (EPA) and the United States Department of Transportation (USDOT). 2018. The Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule for Model Years 2021-2026 Passenger Cars and Light Trucks. August 24, 2018. https://www.govinfo.gov/content/pkg/FR-2018-08-24/pdf/2018-18418.pdf (accessed July 5, 2022).

Yorke Engineering, LLC. 2020. Air Quality, Greenhouse Gas, and Noise Analyses for a 3-Unit Light Industrial Center in Chino, San Bernardino County, California. May 22, 2020. 405

APPENDIX A

AIR QUALITY/GREENHOUSE GAS EMMISSIONS (CALIFORNIA

EMISSIONS ESTIMATOR MODEL)
406

TRAFFIC IMPACT ANALYSIS
407

SUPPLEMENTAL TRAFFIC IMPACT ANALYSIS
408

APPENDIX C

BIOLOGICAL RESOURCES ASSESSMENT AND ARBORIST REPORT
409

APPENDIX D

CULTURAL AND PALEONTOLOGICAL RESOURCES REPORT
410

APPENDIX E

GEOTECHNCIAL INVESTIGATION
411

APPENDIX F

CHINO GREENHOUSE GAS EMISSIONS SCREENING TABLES
412

APPENDIX G

PHASE I ENVIRONMENTAL SITE ASSESSMENT
413

WATER QUALITY MANAGEMENT PLAN
414

HYDROLOGY REPORT
415

OFFSITE DRAINAGE STUDY
416

APPENDIX I

NOISE AND VIBRATION ASSESSMENT
417

APPENDIX J

MITIGATION MONITORING AND REPORTING PROGRAM
418
RESOLUTION NO. PC2023-022

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

CHINO, CALIFORNIA, RECOMMENDING THE CITY COUNCIL
APPROVE PL20-0003 (PREZONE/ANNEXATION), A PREZONE OF

56.87 ACRES OF LAND TO LIGHT INDUSTRIAL (M1) AND GENERAL INDUSTRIAL (M2) FOR PARCELS GENERALLY LOCATED SOUTH

OF FRANCIS AVENUE, WEST OF EAST END AVENUE, NORTH OF

PHILADELPHIA STREET, AND A SMALL PORTION SOUTH OF

PHILADELPHIA STREET WITHIN THE CITY OF CHINO SPHERE OF
INFLUENCE (APNS: 1013-261-17, 1013-271-01, -10, -11, -06, -13, -14, 1013-521-04, -05, -11, -14, -15, -16, -18, 1013-531-04, -07, 1016-011- 02, -03, -05, -06, -08, -09, -10, & -15).

WHEREAS, the proposed project consists of a prezone and annexation of 56.87 acres of land generally located south of Francis Avenue, west of East End Avenue, north of Philadelphia Street, and a small portion south of Philadelphia Street (APNs: 1013-261- 17, 1013-271-01, -10, -11, -06, -13, -14, 1013-521-04, -05, -11, -14, -15, -16, -18, 1013- 531-04, -07, 1016-011-02, -03, -05, -06, -08, -09, -10, & -15) as fully described in Exhibits (the Project ); and
WHEREAS, the City of Chino has initiated the prezone of property concurrently with its review of the related annexation in compliance with State law and the requirements of the Local Agency Formation Commission (LAFCO); and WHEREAS, a description for the annexation boundaries of the territory is set forth and the proposed prezone attached hereto and by this
reference incorporated herein; and
WHEREAS, a Mitigated Negative Declaration (MND) has been prepared that concludes the proposed project will not have a significant adverse effect on the environment. Potentially significant effects were identified, and mitigation measures have been incorporated to ensure the effects remain at less than significant levels. The MND satisfies the requirements of the California Environmental Quality Act (CEQA) and the CEQA Guidelines (California Public Resources Code §§21000 et seq.; 14 Cal. Code Regs. §§ 15000 et seq.); and
WHEREAS, the proposed prezone is required at this time by the LAFCO, and state law, because of the proposed annexation of the properties; and WHEREAS, the Planning Commission of the City of Chino has completed its study of the proposed Prezone/Annexation; and
WHEREAS, on July 19, 2023 the Planning Commission held a duly noticed public hearing for the Project in compliance with law, including compliance with the relevant 419
RESOLUTION NO. PC2023-022

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provisions of the California Government Code and Chino Municipal Code, entertained the written and oral report of staff, and took public testimony on the Project; and NOW, THEREFORE, the Planning Commission of the City of Chino, California, does hereby FIND, DETERMINE, and RESOLVE as follows:

A. The foregoing recitals are true and correct and incorporated herein.

B. Based on substantial evidence, both written and oral, from the public hearing, the Planning Commission makes the following findings and takes the following actions on PL20-0003 (Prezone/Annexation):

1. PL20-0003 (Prezone/Annexation)
a. The proposed prezone is consistent with the goals and policies of the Chino General Plan as the land use element of the General Plan identifies Goal LU-4 providing a clear transition for properties within the Sphere of Influence (SOI). A neighborhood meeting was held to provide property owners, residents, business owners and tenants with information on the annexation process and to answer questions on the differences and similarities between regulations and services between San Bernardino County (County) and City of Chino. The proposed prezone of the properties will be consistent with the General Plan designations of the property within the annexation area that are currently designated as Light Industrial (LI) and General Industrial (GI);
b. The proposed prezone is reasonable and beneficial, and in the interest of good zoning practice as the General Plan designation of the property within the annexation area are currently designated as Light Industrial (LI) and General Industrial (GI). Upon annexation to the City of Chino, the zoning designations of Light Industrial (M1) and General Industrial (M2) will be required by State planning, zoning, and development law; c. The proposed prezone will not have a significant adverse impact on the environment as a MND has been prepared that concludes the Project will not have a significant adverse effect on the environment. Potentially significant effects were identified and mitigation measures have been incorporated to ensure the effects remain at less than significant levels. The MND satisfies the requirements of CEQA and the CEQA Guidelines (California Public Resources Code, Section 21000 et seq.;14 CCR 15000 et seq.);
d. The change will not adversely affect the harmonious relationship with adjacent parcels and land uses as the surrounding properties to the north, south and west are all designated for industrial uses, developed with a range of industrial uses, and are consistent with the proposed M1 and M2 zoning. In addition, the proposed industrial development at the northwest 420
RESOLUTION NO. PC2023-022

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corner of Philadelphia Street and East End Avenue is zoned M1 and intended to accommodate a less intense industrial user. The three industrial buildings were designed to a scale and mass that is compatible with the adjacent residential properties to the east, across East End Avenue and consistent with the requirements of the M1 zoning district. The prezone of properties to M1 and M2 will be in harmony with the surrounding parcels and land uses;
e. The subject site is physically suitable, including but not limited to parcel size, shape, access, availability of utilities, and compatibility with adjoining land uses, for the M1 and M2 prezone designations, as there no proposed land use changes and only one proposed industrial development within the annexation area in which the site is designated for industrial. The industrial development will have adequate access, in that all minimum zoning requirements governing parcel size, shape, access, type and intensity of development, as all minimum development standards related to setbacks, building height, lot coverage, parking and landscaping have been met or exceeded and the appropriate infrastructure and public improvements are conditioned to be constructed as part of the development.

2. CEQA Findings. A MND has been prepared that concludes the proposed Project will not have a significant adverse effect on the environment. Potentially significant effects were identified, and mitigation measures have been incorporated to ensure the effects remain at less than significant levels. The MND satisfies the requirements of CEQA and the CEQA Guidelines (California Public Resources Code §§21000 et seq.; 14 Cal. Code Regs. §§ 15000 et seq.); and

3. Recommendation of Approval of PL20-0003 (Prezone/Annexation). The Planning Commission hereby recommends the City Council approve PL20- 0003 (Prezone/Annexation); and

4. Actions by the Planning Commission Secretary. The Planning Commission Secretary is hereby directed to attest as to the adoption of this Resolution as of the date set forth below and forthwith transmit a copy of this Resolution, by regular mail, to the Applicant at the address of record set forth in the Application.

APPROVED AND ADOPTED THIS 19TH DAY OF JULY 2023.

PLANNING COMMISSION CHAIRPERSON
ATTEST:
421
RESOLUTION NO. PC2023-022

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SECRETARY, PLANNING COMMISSION
State of California )
County of San Bernardino ) §
City of Chino )
I hereby certify the foregoing Resolution was duly adopted by the Chino Planning Commission at a meeting held on the 19th day of July 2023 and entered in the minutes of said Commission.

AYES: COMMISSIONERS:

NOES: COMMISSIONERS:

ABSENT: COMMISSIONERS:

SECRETARY, PLANNING COMMISSION
Attachments:

Exhibit A Annexation Map and Legal Description
Exhibit B Proposed Prezone Map
422
423
424
425
426
427
¯ LEGEND
Proposed Development
Proposed Annexation
Current City Boundary
Zoning Designations
Light Industrial (M1)
General Industrial (M2)

PROPOSED PREZONE
Date: 6/21/2023

FRANCIS AVE

PHILADELPHIA ST
M1
M2
428
RESOLUTION NO. PC2023-023

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CHINO, CALIFORNIA, APPROVING PL20-0004 (SITE APPROVAL) AND PL20-0005 (TENTATIVE PARCEL MAP NO. 20174) TO SUBDIVIDE 3.95

GROSS ACRES OF LAND INTO THREE PARCELS FOR THE

CONSTRUCTION OF THREE INDUSTRIAL BUILDINGS TOTALING
63,900 SQUARE FEET LOCATED AT THE NORTHWEST CORNER OF
PHILADEPHIA STREET AND EAST END AVENUE (APN: 1013-521-04).

WHEREAS, Golden Management Services, Inc. s filed an
applica PL20-0004 (Site Approval)
and PL20-0005 (Tentative Parcel Map No. 20174) to subdivide 3.95 gross acres of land into three parcels for the construction of three industrial buildings totaling 63,900 square feet located at the northwest corner of Philadelphia Street and East End Avenue (APN: 1013-521-04); and
WHEREAS, the is contingent upon the annexation process
being finalized through the San Bernardino County Local Agency Formation Commission ( of the associated Prezone (PL20-0003); and
WHEREAS, the Planning Commission of the City of Chino has completed its study of the proposed Project; and
WHEREAS, on July 19, 2023, the Planning Commission held a duly noticed public hearing for the Project in compliance with law, including compliance with the relevant provisions of the California Government Code and Chino Municipal Code, entertained the written and oral report of staff, and took public testimony on the Project.

NOW, THEREFORE, the Planning Commission of the City of Chino, California, does hereby FIND, DETERMINE, and RESOLVE as follows:

A. The foregoing recitals are true and correct and incorporated herein.

1. PL20-0004 (Site Approval)
a.
adopted General Plan and/or applicable specific plan(s). The Project site has a General Plan land use designation of Light Industrial (LI). The LI land use designation is intended to provide for industrial or manufacturing uses with fewer impacts on traffic, noises, odors and pollutants than General Industrial. The proposed buildings have been designed to accommodate lighter industrial uses in accordance with the Goals and Policies of the 429
RESOLUTION NO. PC2023-023

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General Plan. The Project serves General Plan Goal LU-2 and Objective LU-2.1, which aims to foster the development of new industrial uses in the City while preventing negative impacts on the health, safety, and welfare of residents;
b. The proposed Project is permitted within the zoning district in which it is Code. Upon Annexation to the City , the Project site will have a zoning designation of M1 (Light Industrial). The development of the Project site includes three industrial buildings, totaling 63,900 square feet, which is consistent with the Light Industrial (M1) zoning district, and no special approvals are required for the use. The Project meets or exceeds all development standards related to setbacks, building height, lot coverage, parking and landscaping;
c. The subject site is physically suitable, including, but not limited to, parcel size, shape, access and availability of utilities, for the type and intensity of development proposed, in that all minimum development standards related to setbacks, building height, lot coverage, parking and landscaping have been met or exceeded and the appropriate infrastructure and public improvements are conditioned to be constructed as part of the development;
d. The subject site relates to streets and highways properly designed, both as to width and type of pavement to carry the type and quantity of traffic generated by the Project, in that the necessary street and roadway improvements for East End Avenue and Philadelphia Street are required to be improved as part of the development. Additionally, East End Avenue is designated as a truck route;
e. The proposed Project is compatible with those abutting properties and in the surrounding neighborhood, as the Project site is located in the M1 zoning district. Properties located to the north, south and west are all designated for industrial uses. In addition, the M1 zoning district is intended to accommodate a less intense industrial user. The three industrial buildings were designed to a scale and mass that is compatible with the adjacent residential properties to the east, across East End Avenue and consistent with the requirements of the M1 zoning district;
f. The proposed location, size, and operating characteristics of the proposed Project will not be detrimental to the public interest, health, safety or general welfare. The Project is both consistent and compatible with all surrounding land uses. Conditions of Approval will also be imposed on the Project to ensure no detrimental impacts to the public health, safety, and general welfare;
430
RESOLUTION NO. PC2023-023

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g. The proposed Project will not have a significant adverse impact on the environment, as a Mitigated Negative Declaration (MND) has been prepared that concludes the Project will not have a significant adverse effect on the environment. Potentially significant effects were identified and mitigation measures have been incorporated to ensure the effects remain at less than significant levels. The MND satisfies the requirements of CEQA and the CEQA Guidelines (California Public Resources Code, Section 21000 et seq.;14 CCR 15000 et seq.); and
h. The minimum safeguards necessary to protect the public health, safety and general welfare have been required of the proposed Project through Project design features and conditions of approval imposed on the Project.

2. PL20-0005 (Tentative Parcel Map No. 20174)
a. Consistency with plans. The proposed subdivision, together with the provisions for its design and improvements, is consistent with the General Plan, which designates the property as LI. This designation allows for a wide variety of industrial uses with fewer impacts on traffic, noises, odors and pollutants than General Industrial;
b. Consistency with zoning. The proposed subdivision is consistent with the provisions of the Chino Zoning Ordinance. Upon Annexation to the City, the Project site will have a zoning designation of M1 (Light Industrial) and the map complies with all the requirements of the M1 zoning district; c. Suitability. The site is physically suitable for the type or density of development, as all required on and off-site improvements necessary to accommodate the development will be provided in accordance with City requirements; the site is flat and does not have any development constraints that would hinder future development; and the parcels being created are sufficient size and dimension to accommodate the development in accordance with the requirements of the Chino Zoning Ordinance; d. Environmental damage. The design of the subdivision or the proposed improvements will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The Philadelphia Street Industrial Development Site and East End Annexation Project MND has been prepared for the proposed subdivision. The MND has determined that the proposed subdivision and improvements will not cause substantial environmental damage with the incorporation of mitigation measures;
e. Wastewater. The discharge of waste from the proposed subdivision into a community sewer system will not result in violation of existing requirements 431
RESOLUTION NO. PC2023-023

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prescribed by a California Regional Water Quality Control Board pursuant to Division 7 (commencing with Section 13000 of the Water Code); f. Water service. The review of the City Engineer or water service agency indicates that there is sufficient water to provide for tenants of the subdivision. The MND considered the capacity of existing water system and found it adequate;
g. Soils and geology. There are no adverse soil or geological conditions, according to a soils report provided with the Philadelphia Street Industrial Development Site and East End Annexation Project MND which was required as part of the environmental review;
h. Public health. The design of the subdivision or the type of improvements will not cause serious public health problems, as full public improvements will be provided and will also be designed and constructed in conformance with City standards as well as applicable state and federal regulations; i. Easements. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. Covenants, Codes, and Restrictions (CC&Rs) are required to be recorded with the final map and will include provisions for a reciprocal agreement to assure maintenance of all common areas, including landscaping, site access points and off-street parking areas, and to assure common ingress and egress between parcels;
j. Environmental documentation. The environmental documentation is adequate and conforms to the provisions of the California Environmental Quality Act (CEQA). The Philadelphia Street Industrial Development Site and East End Annexation Project MND has been prepared for the Project and reviewed by the Planning Commission in accordance with CEQA. The proposed subdivision is consistent with the Project described in the MND, and all mitigation measures from the MND are incorporated as conditions of approval for the Project; and
k. Agricultural suitability. The proposed subdivision will not result in the subdivision of agricultural parcels to a size too small to sustain agricultural use under the conditions for denial listed in Section 66474.4 of the Subdivision Map Act.

3. CEQA Findings. A MND has been prepared that concludes the proposed Project will not have a significant adverse effect on the environment. Potentially significant effects were identified, and mitigation measures have been incorporated to ensure the effects remain at less than significant levels. The 432
RESOLUTION NO. PC2023-023

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MND satisfies the requirements of CEQA and the CEQA Guidelines (California Public Resources Code, Section 21000 et seq.;14 CCR 15000 et seq.); and

4. Conditional Approval of PL20-0004 (Site Approval) and PL20-0005 (Tentative Parcel Map No. 20174). Based on the aforementioned findings, the Planning Commission hereby approves PL20-0004 (Site Approval) and PL20-0005 (Tentative Parcel Map No. 20174) subject to the conditions of approval attached hereto as E B , and contingent on the following:
a. The Site Approval (SA) and Tentative Parcel Map (TPM) are part of a project that also includes (1) a request for Annexation from San Bernardino County zoning designation of Regional Industrial (IR), Community Industrial (IC), and RS-20M (Single Residential 20,000 square feet minimum) to the Industrial (M2), and (2) a request for a Prezone of the proposed annexation area (PL20- suant to Government Code Section
66454, the approval of the SA and TPM are conditioned on the annexation of the subject property to the City no later than July 19, 2024, and such approvals shall not be effective until the annexation is completed. If the annexation has not been completed by July 19, 2024, these approvals shall be deemed null and void unless extended by the Planning Commission. Furthermore, these approvals are conditioned on the approval of the Prezone by City Council and shall not be effective unless the Prezone is approved by the City Council. Finally, these approvals are conditioned on the adoption of the Philadelphia Street Industrial Development Site and East End Annexation Project Mitigation Negative Declaration by the City Council. If the City Council approves the Prezone and adopts the MND, but changes are made by the Council to either of these approvals in a manner that could reasonably affect the findings of the Planning Commission in this Resolution, or require a modification or addition of a condition of approval to be consistent with the approvals, then the Site Approval and Tentative Tract Map shall be returned to the Planning Commission for further consideration and a final decision. 5. Actions by the Planning Commission Secretary. The Planning Commission Secretary is hereby directed to attest as to the adoption of this Resolution as of the date set forth below and forthwith transmit a copy of this Resolution, by regular mail, to the Applicant at the address of record set forth in the Application.

PASSED, APPROVED, and ADOPTED this 19th day of July 2023. 433
RESOLUTION NO. PC2023-023

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PLANNING COMMISSION CHAIRPERSON
ATTEST:

SECRETARY, PLANNING COMMISSION

434
RESOLUTION NO. PC2023-023

Page 7 of 7 ends

State of California )
County of San Bernardino ) §
City of Chino )
I hereby certify the foregoing Resolution was duly adopted by the Chino Planning Commission at a meeting held on the 19th day of July 2023 and entered in the minutes of said Commission.

AYES: COMMISSIONERS:

NOES: COMMISSIONERS:

ABSENT: COMMISSIONERS:

SECRETARY, PLANNING COMMISSION
Attachments:

Exhibit Annexation Map and Legal Description
Exhibit B Conditions of Approval
435
436
437
438
439
440

EXHIBIT A

DEPARTMENTAL

CONDITIONS OF APPROVAL
DATE: July 19, 2023
PROJECT FILE NO.: PL20-0004 (Site Approval) and PL20-0005 (Tentative Parcel Map No. 20174)
LOCATION: Northwest corner of East End Avenue and Philadelphia Street (APN: 1013-521-04)
APPLICANT: Golden Management Services, Inc.

The departments listed below have reviewed the above referenced application. Those to be imposed on
the project.

Development Services Department
[X] Planning Division
[X] Development Engineering Division
[ ] ADA Accessibility Division
[X] Chino Valley Independent Fire District
[ ] Police Department
[ ] Finance Department
[ ] Community Services
441

DEVELOPMENT SERVICES DEPARTMENT

PLANNING DIVISION CONDITIONS OF APPROVAL
DATE: July 19, 2023
PROJECT FILE NO.: PL20-0004 (Site Approval) and PL20-0005 (Tentative Tract Map No. 20174)
LOCATION: Northwest corner of East End Avenue and Philadelphia Street (APN: 1013-521-04)
APPLICANT: Golden Management Services, Inc.

1.0 TIME LIMITS:

1.1. The above referenced Site Approval shall expire one year following the effective date of the associated annexation, if building permits are not obtained. The expiration date may be extended upon written request by the applicant on a City application form. The request must be received by the Director of Development Services at least 30 days prior to expiration of the application.

1.2. The above referenced Tentative Map shall expire two years following the effective date of the associated annexation, if the final map has not been recorded. The expiration date may be extended upon written request by the applicant on a City application form. The request must be received by the Director of Development at least 30 days prior to expiration of the application.

1.3. Tentative Tract Map No. 20174 shall not be recorded until the annexation process through the San Bernardino County LAFCO (Local Agency Formation Commission) has been finalized.

2.0 GENERAL REQUIREMENTS:

2.1. Failure to comply with any conditions of approval shall be deemed just cause for revocation of project approval by the Planning Commission.

2.2. The project shall proceed only in accordance with approved plans on file with the Development Services Department, the conditions contained herein and the Chino Municipal Code.
442

DEVELOPMENT SERVICES DEPARTMENT CONDITIONS OF APPROVAL
FILE NO.: PL20-0004 (SA) and PL20-0005 (TTM No. 20174)
DATE: July 19, 2023

2.3. Approval of this request shall not waive compliance with all sections of the Chino Municipal Code, all other applicable City ordinances, and applicable specific plans.

2.4. Pursuant to Government Code Section 66020, the applicant is informed that the 90-day period in which the applicant may protest the fees, dedications, reservation or other exaction imposed on this project through the conditions of approval has begun.

2.5. In the event that any condition contained herein is determined to be invalid or legally unenforceable, then all remaining conditions shall remain in force.

2.6. In the event that any condition imposing a fee, exaction, dedication, or other mitigation measure is challenged by the project sponsors and/or other parties in an action filed in a court of law, which action is brought within the time period provided for by law, this approval shall be suspended pending dismissal of such action, the expiration of the limitation period applicable to such action, or final resolution of such action. If any condition is invalidated by a court of law, the applicable section of the entire project shall be reviewed by the City and substitute conditions may be imposed.

2.7. As a condition of issuance of this approval, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, Planning Commission, or other decisionmaking body, or staff action concerning this project. The City agrees to promptly notify the applicant of any such claim filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in the defense of any such action under this condition.

2.8. The City of Chino has an exclusive contract with Waste Management for all solid waste collection and hauling services within the City. The applicant shall be responsible for making arrangements with Waste Management for disposal of any/all construction debris or trash generated as a result of this permit. Waste Management can be reached at 1-800 423-9986.

2.9. Any change of use in the project shall be reviewed by the Development Services Department for compliance with CEQA.
443

DEVELOPMENT SERVICES DEPARTMENT CONDITIONS OF APPROVAL
FILE NO.: PL20-0004 (SA) and PL20-0005 (TTM No. 20174)
DATE: July 19, 2023

2.10. Pursuant to Public Resources Code Section 21089 and Fish and Wildlife Code Section 711.4, the developer shall provide those fees marked [X] below in the form of a check made payable to the San Bernardino County Clerk of the Board of Supervisors within 5 days of City Council approval. Project approval shall not be complete until the required fee(s) is (are) paid:
[X] $50 for the Notice of Determination filing fee.
[X] $2,765.00 for the California Department of Fish and Wildlife Mitigated Negative Declaration fee.

3.0 PRIOR TO RECORDATION OF THE FINAL MAP:

3.1. Three copies of Covenants, Conditions, and Restrictions (CC&R's) for the subdivision shall be prepared in accordance with the City Attorney Policy - Guidelines and Protocol for Review and Appro and
submitted and approved by the Planning Division, Engineering Division, and the City Attorney. The approved CC&R s shall be recorded concurrently with the final map and a recorded copy submitted to the Planning Division. The following items shall be included in the final CC&R s:

3.1.1. Reciprocal agreement to assure maintenance of all common areas, including landscaping, site access points and off-street parking areas, and to assure common ingress and egress between parcels.

The intent of the CC
designed and maintained in a uniform and comprehensive manner.

3.1.2. No outdoor storage, manufacturing, or assembly of materials or equipment is permitted.

3.2. A property owners association (HOA) shall be formed for the maintenance of private facilities held in common ownership, such as project landscaping and maintenance, drive aisles, entries, and project lighting.

4.0 PRIOR TO THE ISSUANCE OF A BUILDING AND/OR GRADING PERMIT:

4.1. The applicant/developer shall pay development impact fees at the established rate. Such fees may include, but not be limited to, new construction fee, park or open space fees, school fees, drainage fees, sewer fees, building permit and plan check fees.
444

DEVELOPMENT SERVICES DEPARTMENT CONDITIONS OF APPROVAL
FILE NO.: PL20-0004 (SA) and PL20-0005 (TTM No. 20174)
DATE: July 19, 2023

4.2. A detailed on-site exterior lighting plan shall be submitted and approved by the Director of Development Services. Plans shall be designed pursuant to Chino Municipal Code Section 20.10.090 (Outdoor Lighting) and shall identify fixture design, illumination (photometric), location, height and method of shielding, so as not to adversely affect adjacent properties.

4.3. Final revised plans, incorporating all conditions of approval, shall be submitted and approved by the Director of Development Services.

4.4. All plans shall be coordinated for consistency.

4.5. The developer shall submit two sets of structural plans/construction documents. The plans shall include one set of structural calculations, one set of Title 24 energy calculations, and one soils report. The developer shall also submit the above documents in digital format to the Building Division once approved.

4.6. A construction management plan shall be submitted for review and approval by the Director of Development Services. The plan shall coordinate and address construction activities that may impact residents and/or surrounding businesses on site and in adjacent areas. Elements of the plan would contain, but not be limited to, the following:
a. Routing of construction equipment
b. Hours of operation
c. Dust control
d. Vector control
e. Vehicle, equipment, and personnel staging
f. Pre-construction meetings
g. Contractor/subcontractor acknowledgement, obligations, and penalties
h. Traffic control and coordination
i. Security and interim fencing
j. Signs posted on the site with a contact number for the job site con ent Division.

Signs shall measure at least four feet by eight feet and shall be posted along every street frontage. The developer shall contact the City immediately upon any change in contact numbers.
k. Building and landscape phasing.

4.7. A precise wall plan identifying the design, location and construction details of all walls and fences shall be submitted and approved by the Planning and Building Divisions. All perimeter and street-facing walls, including retaining walls, shall be decorative in nature. Mesh screening shall be 445

DEVELOPMENT SERVICES DEPARTMENT CONDITIONS OF APPROVAL
FILE NO.: PL20-0004 (SA) and PL20-0005 (TTM No. 20174)
DATE: July 19, 2023

provided on the steel gates to further screen the private yard area from public view.

4.8. Prior to the issuance of any grading permit, detailed on-site landscaping and irrigation construction drawings along with a copy of the Planning Commission approved conceptual landscape plans and a copy of the conditions of approval shall be submitted for review and approval by the Director of Development Services. A grading permit will not be issued until ew of detailed
landscape and irrigation plans for the development. Payment of the Landscape & Irrigation Plan Review Fee shall be due at the time of submittal. Plans shall be prepared
Landscape Ordinance, adopted on October 6, 2015, Ordinance No. 2015-008, meet the requirements for a Landscape Documentation Package in accordance with Section 20.19.030 of the Landscape Ordinance, and shall bear the seal of a landscape architect registered with the State of California.

4.9. All ground-mounted utilities, including but not limited to cable television facilities, and telephone/fiber optic facilities, shall be undergrounded.

Equipment that that is not placed underground such as SCE transformers, backflow prevention devices, irrigation valves and controllers used for common landscape areas shall be placed in areas out of public view and sufficiently screened. The location and method of screening of said utilities shall be reflected in a plan and shall be subject to the review and approval by the Director of Development Services.

4.10. All electrical panels and cabinets shall be completely screened. All electrical panels and cabinets shall be fully enclosed and integrated into and architecturally compatible with the building to the satisfaction of the Director of Development Services. The locations of the electrical panels and cabinets shall be reflected on a site plan and elevation(s) to be reviewed and approved by the Director of Development Services.

4.11. Prior to the issuance of a building permit, the approved grading plans shall be attached to the construction plan set. The project shall be built according to the plans approved by the Planning Commission on July 19, 2023 as prepared Architects Orange, Huitt-Zollars, Inc., and Ridge Landscape Architects. Any substantial modification to the project shall require Planning Commission review and approval. If minor in nature, the modification may be reviewed and approved by the Development Services Director.
446

DEVELOPMENT SERVICES DEPARTMENT CONDITIONS OF APPROVAL
FILE NO.: PL20-0004 (SA) and PL20-0005 (TTM No. 20174)
DATE: July 19, 2023

4.12. Upon submittal of construction drawings to the Building Division for plan check review, all departmental conditions of approval for the project shall be included on the sheet following the title sheet, or the first sheet of the plans. A site plan shall also be attached to all sets of construction drawings. This condition shall be a minimum requirement for acceptance of construction drawings for the Building plan check review.

4.13. The applicant is required to contact the West Valley Mosquito and Vector Control District to determine if an inspection or field survey of potential vectors and their ectoparasites is necessary. If the District so determines, an inspection or field survey shall be conducted by the District, at the on or grading in order to protect the
health of and reduce the risk of neighboring residents to vector-borne diseases. Based on the inspection or survey results, the applicant shall take appropriate vector control methods as recommended by the District.

4.14. Special Conditions:

4.14.1. A Water Quality Management Plan (WQMP) shall be prepared in accordance with County of San Bernardino requirements and submitted for review and approved by the City.

4.14.2. A construction-phasing plan shall be submitted and approved by the Building Division prior to building permit issuance. The plan shall show all buildings that will be completed in each phase. It shall also show how each completed phase will be closed off from the phases under construction so as to minimize conflict between construction vehicles, construction equipment, employees and residents.

4.14.3. Approval of the conceptual landscape plan by the Planning Commission does not constitute final approval. The final landscape approval (during the plan check process and/or following installation) shall be subject to the review and approval of t Landscape Architect Consultant and the Director of Development Services. The City Landscape Architect or Director of Development Services may require additional/fewer trees, shrubs, vines, and ground cover as necessary, based on final site conditions during the landscape plan check process or field review process in order to mitigate any site conditions that were not apparent during either the Planning Commission review or plan check review process.
447

DEVELOPMENT SERVICES DEPARTMENT CONDITIONS OF APPROVAL
FILE NO.: PL20-0004 (SA) and PL20-0005 (TTM No. 20174)
DATE: July 19, 2023

4.14.4. To minimize damage to paved areas due to tree root growth, trees located within five (5) feet of any paved surface area shall be provided with root barriers unless it can be demonstrated, to the satisfaction of the Planning Division, that the root growth characteristics of the type of tree proposed does not warrant their installation.

4.14.5. Three hard copies and one electronic copy of the recorded CC&R's shall be submitted to the Director of Development Services.

4.14.6. Prior to issuance of a grading permit, all existing buildings or structures on the project site that are proposed to be demolished shall be removed or razed within 90 days. The Director of Development Services may approve an extension of time to complete the demolition, based on evidence that the applicant has exercised reasonable progress. Approval of this application shall be deemed null and void upon failure of the applicant to comply with this condition within the aforementioned time periods.

4.14.7. Prior to issuance of a grading permit, the project site shall be cleared of all trash, debris, weeds, and other discarded items within 2 weeks. Approval of this application shall be deemed null and void upon failure of the applicant to comply with this condition within the aforementioned time period.\

5.0 PRIOR TO START OF CONSTRUCTION:

5.1. The final landscape and irrigation plans for the development shall be approved by the Director of Development Services.

5.2. A pre-construction meeting, scheduled with the Building Division, shall be held with all applicable City staff members, developer, contractor, superintendent, and all subcontractors prior to start of construction.

5.3. The approved construction management plan shall be distributed to all contractors and subcontractors and shall be maintained on-site through the duration of construction.

6.0 PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY:

6.1. All conditions of approval shall be completed to the satisfaction of the Director of Development Services.
448

DEVELOPMENT SERVICES DEPARTMENT CONDITIONS OF APPROVAL
FILE NO.: PL20-0004 (SA) and PL20-0005 (TTM No. 20174)
DATE: July 19, 2023

6.2. The fee for review of the landscaping and irrigation plans by both the and the City s landscape architect shall be paid by the developer.

6.3. All landscaping and irrigation shall be installed in accordance with approved plans on file with the Development Department Services, and irrigation systems fully operational. In addition, all hardscaped and landscaped areas shall be free of trash and debris.

6.4. A licensed landscape architect or contractor, or other licensed certified professional in a related field shall conduct a final field inspection and shall prepare a certificate of completion, which shall be filed with the Director of Development Services. The certificate of completion shall be prepared in accordance with Section 20.19.030.J of the Landscape Ordinance, and shall specifically indicate that plants were installed as specified by the landscape design plan, that the irrigation system was installed as specified by the irrigation design plan, and that an irrigation audit has been performed. All landscape and irrigation audits shall be conducted by a landscape irrigation auditor. Landscape audits shall not be conducted by the person who designed the landscape or installed the landscape.

6.5. A landscape maintenance program for the entire project site shall be reviewed and approved by the Director of Development Services. The maintenance program shall include general landscape maintenance provisions for pruning, trimming, the replacement of any dead, decayed, or diseased vegetation, ongoing weed abatement, and replacement/repair of the irrigation system, when necessary. The landscape maintenance program shall be included with the contract with the landscape maintenance company to ensure they implement the maintenance program. In addition, the maintenance program should include provisions for periodic inspections to ensure the irrigation system is working properly, and all landscaping is being properly maintained.

6.6. Prior to issuance of a certificate of occupancy for the final unit, any temporary sales and/or construction office buildings/trailers shall be removed from the site.

6.7. The project site shall be clean and free of trash and construction debris, and all construction equipment shall be removed from the site.

7.0 ENVIRONMENTAL REQUIREMENTS & MITIGATION MEASURES:

7.1. Comply with all mitigation measures identified in the attached Mitigation Monitoring Program (Exhibit A ) which identifies each environmental 449

DEVELOPMENT SERVICES DEPARTMENT CONDITIONS OF APPROVAL
FILE NO.: PL20-0004 (SA) and PL20-0005 (TTM No. 20174)
DATE: July 19, 2023

mitigation measure, the time in which it will be implemented and the responsible party for monitoring its implementation.

8.0 OTHER REQUIREMENTS:

8.1. The applicant shall disclose to all potential tenants or owners of units or buildings that the businesses/uses must be consistent with the standards of the land use designation/zoning district in which the project site is located.

8.2. All signs, including subdivision and/or realty signs proposed for this development shall be designed to conform to the Sign Ordinance and shall require separate application and approval by the Planning and Building Divisions prior to installation.

8.3. A coating that will facilitate the removal of graffiti shall be applied over the complete height of one side/both sides of walls and/or fences, and to a height of eight feet on building walls. If a coating is not provided, the owner of the property shall paint the buildings and/or walls to remove graffiti within 72 hours of notice.

8.4. Building and Site Design:

8.4.1. Exterior building color shall be reviewed and approved by the Director of Development Services. Colors shall be coordinated between structures, utilizing compatible hues and intensities.

Final review and approval of paint colors utilizing a color test may be required prior to painting any structure, if determined necessary in the field by the Director of Development Services.

8.4.2. All building drainage gutters, downspouts, vents, etc., located on the exterior walls shall be architecturally compatible with the exterior building design and color, to the satisfaction of the Director of Development Services, or shall be completely concealed from view. They shall not be located on the exterior of building walls near office areas or other prominent locations on the building(s).

8.4.3. All new mechanical equipment and appurtenances of any type (including, but not limited to, electrical cabinets, HVAC equipment, skylights, stack vents or fans) whether located on rooftops, ground level or anywhere on the building structure, shall be completely screened so as not to be visible from any public street and/or adjacent property, subject to review and approval by the 450

DEVELOPMENT SERVICES DEPARTMENT CONDITIONS OF APPROVAL
FILE NO.: PL20-0004 (SA) and PL20-0005 (TTM No. 20174)
DATE: July 19, 2023

Director of Development Services. The parapet wall should serve as the primary method of screening, or the facilities shall be enclosed within the structure of the building. Such enclosure of facilities shall be of compatible design related to building structure for which such facilities are intended to serve.

8.4.4. Returns for parapet walls shall not be visible from public view and shall be evaluated in the field during construction, and modified if necessary so as not to be visible. All parapet returns shall be a minimum of 4 feet deep.

8.4.5. New ladders for roof access shall be mounted on the inside of the building.

8.4.6. All new overhead doors, mechanical doors and/or man doors shall be color coordinated with the building.

8.4.7. Outdoor employee break areas shall be provided each building as identified on the site plan. These areas shall be provided with seating, tables, enhanced paving treatments, hose bibs, decorative trash receptacles, a shade trellis structure, and shade trees, to the satisfaction of the Director of Development Services.

8.4.8. All landscaping shall be designed and installed in accordance with Section 20.19 of the Chino Municipal Code.

8.5. Parking and Lighting:

8.5.1. All exterior lighting fixtures shall be installed in accordance with plans on file with the Development Services Department and shall be fully operational prior to occupancy.

8.5.2. All building-mounted light fixtures within public areas shall be decorative in nature and architecturally compatible with the building. Building-mounted light fixtures shall be reviewed and approved by the Director of Development Services prior to installa - r standardized exterior lighting
shall not be permitted within public areas.

8.5.3. All parking and loading areas shall be paved and double-striped in accordance with plans on file with the Development Services Department, Chino Municipal Code Chapter 20.18 (Parking) and the disabled parking and accessibility requirements of state law (see the CalDAG California Disabled Accessibility Guidebook). 451

DEVELOPMENT SERVICES DEPARTMENT CONDITIONS OF APPROVAL
FILE NO.: PL20-0004 (SA) and PL20-0005 (TTM No. 20174)
DATE: July 19, 2023

8.5.4. Drive surfaces contiguous with planter areas shall have a 6-inch raised curb separation.

8.5.5. All parking spaces, aisles, entrances and exits shall be doublestriped per City standards.

8.5.6. All parking spaces for compact cars shall be clearly identified as "Compact Car Only" on the pavement, at the opening of the space. Compact parking spaces shall be reasonably distributed throughout the parking area, subject to review and approval by the Director of Development Services.

8.6. Refuse and Recycling:

8.6.1. Separate receptacles (bins) for the collection of refuse and recyclable materials shall be provided. An adequate number of bins to allow for the collection of both refuse and recyclable materials generated by the development shall be provided, to the satisfaction of the Director of Development Services.

8.6.2. Refuse and recyclable materials bins shall be enclosed by a 6-foot- high (1.83 m) wall and covered with a solid roof, both designed to be architecturally compatible with the building(s), with solid view obstructing gates fitted with self-closing door devices, and be designed with cane bolts in front of the block walls to secure the gates when in the open position. The gates should also be equipped with rod locks and corresponding rod holes in both the open and closed gate positions. Bins containing recyclable materials shall be provided protection from adverse environmental conditions that might render the collection materials unmarketable.

8.6.3. No refuse/recycling enclosure shall be located within any required setback area.

8.6.4. All refuse and recyclable material bin enclosures not located in private yard areas shall be screened with landscaping on all sides, with the exception of the gate area. All sides of the enclosure, with the exception of the gate area, shall be of providing landscape material.
452

DEVELOPMENT SERVICES DEPARTMENT CONDITIONS OF APPROVAL
FILE NO.: PL20-0004 (SA) and PL20-0005 (TTM No. 20174)
DATE: July 19, 2023

8.6.5. Refuse storage and recycling areas shall not be used for the storage of materials other than that for which it is designed (refuse and recyclable materials). The premises shall be kept in a neat and orderly condition, and in good repair and appearance at all times.

9.0 CONSTRUCTION SITE SECURITY:

9.1. Each site shall be completely encircled by a minim - quality chain link fence once precise grading has been completed or as determined by the building official.

9.2. Tennis court or similar screening material shall be securely attached for the length of the fence, excluding gates and 10' on either side of gates.

9.3. Each site shall have only one entry/exit gate, or as approved by the Planning Division.

9.4. Gate hinge pins shall be spot-welded or altered in such a way as to prevent easy removal.

9.5. Each gate shall have a casehardened lock and chain, or other equivalent security hardware.

9.6. signs shall be attached to the exterior of the fence at a minimum distance of a third of a mile and at all entrances.

9.7. On or near the exterior of each gate will be a sign with the address of the site in no less than 6" letters. Both the number and street name will be listed on the sign. The address posted will be used for the entire site until the fence is removed and individual addresses assigned.

9.8. Office trailers and tool bins shall be placed adjacent to gates inside the property to allow observation from outside.

9.9. Lighting on trailers and bins is desirable but shall be directed into the property so as not to impede outside observation or endanger nearby traffic with glare.

9.10. Tool bins shall be secured with casehardened locks, preferably with lock guards.
453

DEVELOPMENT SERVICES DEPARTMENT CONDITIONS OF APPROVAL
FILE NO.: PL20-0004 (SA) and PL20-0005 (TTM No. 20174)
DATE: July 19, 2023

9.11. A sign stating that theft is not acceptable on the site and will be reported to the police, or wording to that effect, will be displayed prominently near each entrance.

9.12. Each site will have an assigned Crime Prevention Manager who is responsible for the following:
a. Providing his/her name and 24-hour telephone access number to the Chino Police Department.
b. Have available at all times the names and 24-hour contact numbers for all subcontractors.
c. Have the authority to speak for the development/owners on matters concerning trespassing and other criminal matters.
d. Complete routine fence inspections and arrange for prompt repairs or removal of any damage, graffiti, or loose screening. e. Ensure that no work or maintenance of construction equipment is being performed on the site between 8 p.m. and 7 a.m.
f. Ensure that all above security requirements are complied with, and that all security hardware, fencing, and lighting are maintained in working order.
g. Ensure that thefts are immediately reported to the police department and that reasonable steps are taken, if evident, to prevent future similar incidents.

Attachment:

Exhibit Mitigation Monitoring Report (MMRP)
E s of Approval
454

MITIGATION MONITORING AND REPORTING PROGRAM

PHILADELPHIA STREET INDUSTRIAL DEVELOPMENT SITE

AND EAST END ANNEXATION PROJECT
Mitigation Monitoring and Reporting Program 1
This Mitigation Monitoring and Reporting Program has been prepared for use in implementing mitigation for the:

Philadelphia Street Industrial Development Site and East End Annexation Project Prezone and Annexation (PL 20-0003), Site Approval (PL 20-0004), and Tentative Parcel Map No. 20174 (PL 20-0005)
The program has been prepared in compliance with State law and the Mitigated Negative Declaration (MND) prepared for the project by the City of Chino (City).

The California Environmental Quality Act (CEQA) requires adoption of a reporting or monitoring program for those measures placed on a project to mitigate or avoid significant effects on the environment (Public Resource Code Section 21081.6). The law states the reporting or monitoring program shall be designed to ensure compliance during project implementation.

The monitoring program contains the following elements:
1) The mitigation measures are recorded with the action and procedure necessary to ensure compliance. In some instances, one action may be used to verify implementation of several mitigation measures.
2) A procedure for compliance and verification has been outlined for each action necessary. This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported.
3) The program has been designed to be flexible. As monitoring progresses, changes to compliance procedures may be necessary based upon recommendations by those responsible for the program. As changes are made, new monitoring compliance procedures and records will be developed and incorporated into the program.

This Mitigation Monitoring and Reporting Program includes mitigation identified in the MND.

MITIGATION MONITORING AND RESPONSIBILITIES
As the Lead Agency, the City is responsible for ensuring full compliance with the mitigation measures adopted for the proposed project. The City will monitor and report on all mitigation activities.

Mitigation measures will be implemented at different stages of development throughout the project site. In this regard, the responsibilities for implementation have been assigned to the Applicant, Contractor, or a combination thereof. If, during the course of project implementation, any of the mitigation measures identified herein cannot be successfully implemented, the City shall be immediately informed, and the City will then inform any affected responsible agencies. The City, in conjunction with any affected responsible agencies, will then determine if modification to the project is required and/or whether alternative mitigation is appropriate.

STANDARD CONDITIONS
Standard Conditions are presented in instances where the proposed project would not create a significant impact but would be required to adhere to regulatory requirements in order to ensure impacts do not become significant. Standard Conditions outline compliance with various federal, State, and/or local acts, laws, rules, regulations, municipal codes, policies, etc. 455

MITIGATION MONITORING AND REPORTING PROGRAM

PHILADELPHIA STREET INDUSTRIAL DEVELOPMENT SITE

AND EAST END ANNEXATION PROJECT
Mitigation Monitoring and Reporting Program 2

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MITIGATION MONITORING AND REPORTING PROGRAM PHILADELPHIA STREET INDUSTRIAL DEVELOPMENT SITE AND EAST END ANNEXATION PROJECT MITIGATION MONITORING AND REPORTING PROGRAM CHECKLIST Mitigation Monitoring and Reporting Program 3 Project Name: Philadelphia Street Industrial Development Site and East End Annexation Project Applicant: Golden Management Services, Inc. Date: March 6, 2023 Mitigation Measure No. / Implementing Action Responsible for Monitoring Timing of Verification Method of Verification Verified Date/ Initials Sanctions for Non- Compliance BIOLOGICAL RESOURCES MITIGATION MEASURE BIO-1: If demolition or ground disturbance is proposed during nesting bird season (February 15 to August 31), a pre-construction nesting survey shall be conducted by a qualified biologist (Project Biologist) within 72 hours prior to start of work pursuant to Sections 3503– 3801 of the California Fish and Game Code. If the survey indicates nesting birds are present, an appropriate buffer to be established by the project Biologist shall be marked off around the nest(s), and no demolition or construction activity shall occur in that area during nesting activities. Demolition and/or construction may resume within the established buffer when the project Biologist determines the nest is no longer occupied and all juveniles have left the nest. This measure shall be implemented to the satisfaction of the City of Chino Development Services Director or designee. City of Chino Director of Development Services, or designee. Prior to issuance of grading permit, prior to the commencement of demolition and ground disturbance activities, and during construction. Evidence to the City a qualified biologist is retained, the required pre-construction survey has been completed, and, if necessary, appropriate buffers are established and monitored until the nesting effort is finished. Withhold grading permit or issuance of a stop work order. CULTURAL RESOURCES MITIGATION MEASURE CUL-1: Prior to issuance of grading permits, the City of Chino (City) shall verify that the following note is included on all grading plans: “If archaeological resources are discovered during ground- disturbing activities, all activity within 100 feet of the discovery shall be halted, and the City shall be notified. Notification shall be made within 24 hours of any such discovery. If the resources are determined to be of pre- contact (i.e., Native American) origin, all Native American tribes who have expressed an interest in the project City of Chino Director of Development Services, or designee. Prior to issuance of grading permit. Evidence to the City archaeological discovery note is included in the grading plans. Withhold grading permit or issuance of a stop work order. 457
MITIGATION MONITORING AND REPORTING PROGRAM PHILADELPHIA STREET INDUSTRIAL DEVELOPMENT SITE AND EAST END ANNEXATION PROJECT Mitigation Monitoring and Reporting Program 4 Project Name: Philadelphia Street Industrial Development Site and East End Annexation Project Applicant: Golden Management Services, Inc. Date: March 6, 2023 Mitigation Measure No. / Implementing Action Responsible for Monitoring Timing of Verification Method of Verification Verified Date/ Initials Sanctions for Non- Compliance through the Assembly Bill 52 process pursuant to California Public Resources Code Section 21080.3.2 (interested Native American Tribes) shall be contacted for input. The City shall, in good faith, consult with interested Native American Tribes for the remainder of the project. Construction personnel shall not collect or move any suspected archaeological materials or further disturb any soils within the 100-foot exclusionary buffer, but construction activity may continue on other portions of the project site. As deemed necessary by the City, a qualified archaeologist shall be retained to assess the nature and significance of the discovery. As determined by the qualified archaeologist and interested Native American Tribes should the discovery be determined not to be significant, the resource shall be recorded on a California Department of Parks and Recreation Form 523, and no further recovery effort shall be required. However, all subsequent ground-disturbing activities shall be monitored by an archaeologist and, if requested, by interested Native American Tribes at the discretion of the City. Any and all archaeological/cultural documents created as a part of the project (isolate records, site records, survey reports, testing reports, etc.) shall be supplied to the project applicant and City for dissemination to interested Native American Tribes, as requested. In the event the discovery is determined to be significant pursuant to CEQA Guidelines Section 15064.5, Mitigation Measure CUL-2 shall apply.” This measure shall be implemented to the satisfaction of the City of Chino’s Development Services Director or designee. 458
MITIGATION MONITORING AND REPORTING PROGRAM PHILADELPHIA STREET INDUSTRIAL DEVELOPMENT SITE AND EAST END ANNEXATION PROJECT Mitigation Monitoring and Reporting Program 5 Project Name: Philadelphia Street Industrial Development Site and East End Annexation Project Applicant: Golden Management Services, Inc. Date: March 6, 2023 Mitigation Measure No. / Implementing Action Responsible for Monitoring Timing of Verification Method of Verification Verified Date/ Initials Sanctions for Non- Compliance MITIGATION MEASURE CUL-2: If a qualified archaeologist determines cultural resources identified on the project site are historical or unique archaeological resources pursuant to CEQA Guidelines Section 15064.5, contingency funding and a time allotment sufficient to allow for implementation of avoidance measures or appropriate data recovery must be provided. The archaeologist shall develop a Monitoring and Treatment Plan, the drafts of which shall be provided to Native American tribal representatives (i.e., those who have expressed an interest in the project through the Assembly Bill 52 process pursuant to California Public Resources Code Section 21080.3.2) for review and comment. Ground- disturbing work may continue on other parts of the project site while historical [or unique archaeological] resource mitigation occurs. The project archaeologist, the project applicant, the City of Chino’s Development Services Director or designee, and interested Native American tribal representatives shall confer regarding the appropriate disposition of the discovered resource(s). Disposition may include curation with a certified scientific or educational repository in accordance with current professional repository standards. However, if an agreement on the disposition of cultural resources cannot be reached, the resource(s) shall be reburied on the project site in an area not subject to further ground disturbance, with appropriate recordation on the California Department of Parks and Recreation 523 Forms. Work shall not resume within the 100-foot exclusionary buffer without City authorization, and all subsequent ground- disturbing activities shall be monitored at the discretion of the City. City of Chino Director of Development Services, or designee. During construction Evidence to the City: 1) Monitoring and Treatment Plan provided to Native American tribal representatives; 2) project archaeologist, project applicant, City of Chino, and interested Native American tribal representatives confer regarding discovered resource(s); 3) Appropriate buffer areas have been established as applicable; 4) Appropriate recordation on California Department of Parks and Recreation 523 Forms; 5) Report of findings filed with the City, tribal representative, and South Central Coastal Information Center. Issuance of a stop work order. 459
MITIGATION MONITORING AND REPORTING PROGRAM PHILADELPHIA STREET INDUSTRIAL DEVELOPMENT SITE AND EAST END ANNEXATION PROJECT Mitigation Monitoring and Reporting Program 6 Project Name: Philadelphia Street Industrial Development Site and East End Annexation Project Applicant: Golden Management Services, Inc. Date: March 6, 2023 Mitigation Measure No. / Implementing Action Responsible for Monitoring Timing of Verification Method of Verification Verified Date/ Initials Sanctions for Non- Compliance All cultural resources, including the locations from which they are recovered and to which they may be reburied, shall remain confidential pursuant to the California Code of Regulations Section 15120(d). A final report containing the significance and treatment of findings shall be prepared by the project archaeologist and submitted to the City of Chino’s Development Services Director or designee and interested Native American Tribe(s). This measure shall be implemented to the satisfaction of the City of Chino Development Services Director or designee. GEOLOGY AND SOILS MITIGATION MEASURE GEO-1: Prior to issuance of grading and/or building permits, the project applicant shall provide evidence to the City of Chino (City) for review and approval that proposed structures, features, and facilities have been designed and would be constructed in conformance with applicable provisions of the 2022 edition of the California Building Code (CBC) or the most current edition of the CBC in effect at the time the applicant’s development application is deemed complete by the City. Additionally, the project applicant shall provide evidence to the City that the recommendations cited in the project- specific Geotechnical Investigation are incorporated into project plans and/or implemented as deemed appropriate by the City. Geotechnical recommendations include, but are not limited to, removal of existing vegetation, structural foundations, floor slabs, irrigation lines, utility lines, and any other surface and subsurface improvements that would not remain in place for use with the new development. Remedial earthwork, overexcavation, and ground improvement shall occur to depths specified in the Geotechnical Investigation to Director of the City of Chino Building Department or designee. Prior to issuance of grading and/or building permits and during construction. Evidence to the City: 1) Design-level plans comply with California Building Code in effect at the time of development application submittal; 2) Recommendations in the design-level geotechnical/soils/geologi c report are incorporated as applicable. Withhold grading and/or building permits and/or issuance of a stop work order. 460
MITIGATION MONITORING AND REPORTING PROGRAM PHILADELPHIA STREET INDUSTRIAL DEVELOPMENT SITE AND EAST END ANNEXATION PROJECT Mitigation Monitoring and Reporting Program 7 Project Name: Philadelphia Street Industrial Development Site and East End Annexation Project Applicant: Golden Management Services, Inc. Date: March 6, 2023 Mitigation Measure No. / Implementing Action Responsible for Monitoring Timing of Verification Method of Verification Verified Date/ Initials Sanctions for Non- Compliance provide a sufficient layer of engineered fill or densified soil beneath the structural footings/foundations, as well as proper surface drainage devices. Retaining wall parameters shall be in accordance with the Geotechnical Investigation to protect against lateral spreading and landslides. Additionally, Type II cement according to the latest CBC specifications shall be utilized for the construction of building foundations and additional sulfate tests shall be performed at the completion of site grading to ensure that graded conditions are consistent with the recommendations specified in the Geotechnical Investigation to protect concrete, steel, and other metals from corrosive soils. Verification testing must be performed upon completion of ground improvements to confirm that the compressible soils have been sufficiently densified. The structural engineer must determine the ultimate thickness and reinforcement of the building floor slabs based on the imposed slab loading. As necessary, the City may require additional studies and/or engineering protocols to meet its requirements. This measure shall be implemented to the satisfaction of the City Director of Building or designee. MITIGATION MEASURE GEO-2: Prior to commencement of any grading activity on the Industrial Development Site, the applicant shall retain a paleontological monitor that would work under the direct supervision of a qualified paleontologist (defined as an individual with a B.S./B.A. in geology, or related discipline with an emphasis in paleontology and demonstrated competence in paleontological research, fieldwork, reporting, and curation). The qualified paleontologist shall attend the pre-construction meeting to discuss monitoring protocols. The paleontological City of Chino Director of Development Services, or designee. Prior to commencement of grading and during construction. Evidence to the City: 1) Project proponent/developer retains a qualified paleontologist for monitoring; 2) Project proponent/developer Withhold grading permit and/or issuance of a stop work order. 461
MITIGATION MONITORING AND REPORTING PROGRAM PHILADELPHIA STREET INDUSTRIAL DEVELOPMENT SITE AND EAST END ANNEXATION PROJECT Mitigation Monitoring and Reporting Program 8 Project Name: Philadelphia Street Industrial Development Site and East End Annexation Project Applicant: Golden Management Services, Inc. Date: March 6, 2023 Mitigation Measure No. / Implementing Action Responsible for Monitoring Timing of Verification Method of Verification Verified Date/ Initials Sanctions for Non- Compliance monitor shall be present full-time during ground disturbance activity below five feet from the ground surface, including but not limited to grading, trenching, utilities, and off-site easements. If the qualified paleontologist determines that the sediments are not likely to produce fossil resources after excavation below five feet from the ground surface begins, monitoring efforts shall be reduced. If during such ground disturbance activities, a paleontological resource is discovered, the monitor shall temporarily halt or redirect grading efforts, and shall flag the area and notify the construction crew immediately. No further disturbance in the flagged area shall occur until the qualified paleontologist has cleared the area. In consultation with the qualified paleontologist, the monitor shall assess the nature and significance of the find. If the specimen is not significant, it shall be mapped, documented, removed, and the area cleared to allow grading to recommence in the area of the find. If the discovery is found to be significant, the qualified paleontologist shall notify the applicant and City immediately. In consultation with the applicant and the City, the qualified paleontologist shall develop a plan of mitigation which would likely include full-time monitoring, salvage excavation, scientific removal of the find, removal of sediment from around the specimen (in the laboratory), research to identify and categorize the find, curation of the find in a local qualified repository, and preparation of a report summarizing the find. prepares a Paleontological Resource Mitigation Plan; 3) Adequate provisions are in place to protect or retrieve/record/evaluate paleontological resources; 4) Formal agreement between the project applicant and appropriate repository for fossils; 5) Submittal of required evaluation and report by a qualified paleontologist to the City. 462
MITIGATION MONITORING AND REPORTING PROGRAM PHILADELPHIA STREET INDUSTRIAL DEVELOPMENT SITE AND EAST END ANNEXATION PROJECT Mitigation Monitoring and Reporting Program 9 Project Name: Philadelphia Street Industrial Development Site and East End Annexation Project Applicant: Golden Management Services, Inc. Date: March 6, 2023 Mitigation Measure No. / Implementing Action Responsible for Monitoring Timing of Verification Method of Verification Verified Date/ Initials Sanctions for Non- Compliance HAZARDS AND HAZARDOUS MATERIALS MITIGATION MEASURE HAZ-1: An asbestos-containing materials (ACM) survey and lead-based materials (LBM) survey shall be completed for demolition of all structures constructed prior to 1978. A qualified California Occupational Safety and Health Administration (Cal/OSHA) Certified Site Surveillance Technician shall conduct the ACM survey. A qualified California Department of Public Health Lead Inspector Assessor shall conduct the LBM survey. If the ACM survey reveals no detectable asbestos levels pursuant to Title 8, CCR Section 1529, no further ACM survey or remedial work is required. If the LBM survey reveals no detectable lead levels pursuant to Code of Federal Regulations Chapter 29, Section 1926.62 and Title 8, California Code of Regulations Section 1532.1, no further LBM survey or remedial work is required. However, if a detectable level of asbestos is identified within structures proposed for demolition, Mitigation Measure HAZ-2 shall apply. Furthermore, if a detectable level of lead is identified within structures proposed for demolition, Mitigation Measure HAZ-3 shall apply. This measure shall be implemented to the satisfaction of the City of Chino Development Services Director or designee, and/or Building Division, or designee. City of Chino Director of Development Services, or designee. Prior to issuance of demolition permit. Evidence to the City a asbestos-containing materials (ACM) survey and lead-based materials (LBM) survey is completed. Withhold demolition permit. MITIGATION MEASURE HAZ-2: Prior to the demolition of any structure identified to contain ACM, the project applicant shall retain a Certified Asbestos Consultant to abate ACM from the demolition site. An Asbestos Notification shall be prepared and submitted to the South Coast Air Quality Management District (SCAQMD) for approval before any asbestos abatement may commence. The Certified Asbestos Consultant shall provide a construction and demolition plan City of Chino Director of Development Services, or designee. Prior to issuance of demolition permit. Evidence to the City a Certified Asbestos Consultant is retained, Asbestos Notification submitted to SCAQMD, construction and demolition plan with disposal tickets and SCAQMD air Withhold demolition permit. 463
MITIGATION MONITORING AND REPORTING PROGRAM PHILADELPHIA STREET INDUSTRIAL DEVELOPMENT SITE AND EAST END ANNEXATION PROJECT Mitigation Monitoring and Reporting Program 10 Project Name: Philadelphia Street Industrial Development Site and East End Annexation Project Applicant: Golden Management Services, Inc. Date: March 6, 2023 Mitigation Measure No. / Implementing Action Responsible for Monitoring Timing of Verification Method of Verification Verified Date/ Initials Sanctions for Non- Compliance with disposal tickets from a San Bernardino County Department of Public Works-Solid Waste Management Division-approved disposal facility and SCAQMD air clearances prior to final inspection, and an asbestos report shall be provided to the City prior to the issuance of a demolition permit. This measure shall be implemented to the satisfaction of the City of Chino Development Services Director or designee, and/or Building Division, or designee. clearances, and asbestos report is provided to the City. MITIGATION MEASURE HAZ-3: Prior to the demolition of any structure identified to contain LBM, the project applicant shall retain a California Department of Public Health Lead Inspector Assessor to abate LBM from the demolition site. The Lead Inspector Assessor shall provide a construction and demolition plan with disposal tickets from a San Bernardino County Department of Public Works-Solid Waste Management Division-approved disposal facility and South Coast Air Quality Management District air clearances prior to final inspection, and a lead report shall be provided to the City prior to the issuance of a demolition permit. This measure shall be implemented to the satisfaction of the City of Chino Development Services Director or designee, and/or Building Division, or designee. City of Chino Director of Development Services, or designee. Prior to issuance of demolition permit. Evidence to the City a California Department of Public Health Lead Inspector Assessor is retained, construction and demolition plan with disposal tickets and SCAQMD air clearances, and lead report is provided to the City. Withhold demolition permit. NOISE AND VIBRATION MITIGATION MEASURE NOI-1: Prior to issuance of demolition and grading permits, the construction contractor shall erect a minimum 6-foot-high temporary construction barrier along the eastern and southeastern project construction boundaries, a minimum 8-foot-high temporary construction barrier along the southern construction boundary, and a minimum 14-foot-high temporary construction barrier along the western project construction City of Chino Director of Development Services, or designee. Prior to issuance of demolition and grading permits. Evidence to the City of construction of appropriate construction barriers for noise attenuation. Withhold demolition and/or grading permit. 464
MITIGATION MONITORING AND REPORTING PROGRAM PHILADELPHIA STREET INDUSTRIAL DEVELOPMENT SITE AND EAST END ANNEXATION PROJECT Mitigation Monitoring and Reporting Program 11 Project Name: Philadelphia Street Industrial Development Site and East End Annexation Project Applicant: Golden Management Services, Inc. Date: March 6, 2023 Mitigation Measure No. / Implementing Action Responsible for Monitoring Timing of Verification Method of Verification Verified Date/ Initials Sanctions for Non- Compliance boundary where there are existing residences to reduce construction noise levels. The barriers shall be continuous with no gaps or holes and may be any material that has a minimum Sound Transmission Class (STC) rating of 28. Additionally, the construction contractor shall limit construction activities to between the hours of 7:00 a.m. and 7:00 p.m. Monday through Saturday. Construction activities shall be prohibited outside of these hours or anytime on Sundays and federal holidays. The construction contractor shall equip all internal combustion engine-driven equipment with intake and exhaust mufflers that are in good condition and appropriate for the equipment and also ensure that trucks and equipment are running only when necessary. Only “Quiet” air compressors and similar equipment shall be utilized, where available. Finally, the construction contractor shall locate stationary noise-generating equipment as far as possible from off-site residential properties. This measure shall be implemented to the satisfaction of the City of Chino Director of Development Services, or designee MITIGATION MEASURE NOI-2: Prior to issuance of a grading permit, the construction contractor shall provide evidence to the City of Chino that heavy construction equipment (e.g., large bulldozers and loaded trucks) shall be prohibited from operating within 15 feet of the residential structures located on the property (APN 1013-521-05) adjacent to the west- southwest of the Industrial Development Site. Notes shall be included in the grading plans and temporary on-site signage in the immediate proximity of the southwest portion of the Industrial Development Site shall be erected notifying construction personnel of the prohibition. The temporary City of Chino Director of Development Services, or designee. Prior to issuance of grading permit. Evidence to the City oF a note in the grading plans and erection of temporary on-site signage in the immediate proximity of the southwest portion of the Industrial Development Site notifying construction personnel of large bulldozer/loaded truck prohibition. Withhold grading permit. 465
MITIGATION MONITORING AND REPORTING PROGRAM PHILADELPHIA STREET INDUSTRIAL DEVELOPMENT SITE AND EAST END ANNEXATION PROJECT Mitigation Monitoring and Reporting Program 12 Project Name: Philadelphia Street Industrial Development Site and East End Annexation Project Applicant: Golden Management Services, Inc. Date: March 6, 2023 Mitigation Measure No. / Implementing Action Responsible for Monitoring Timing of Verification Method of Verification Verified Date/ Initials Sanctions for Non- Compliance signage shall clearly indicate large bulldozers and loaded trucks are prohibited from operating within 15 feet of the residential structures located on the property (APN 1013- 521-05) adjacent to the west-southwest of the Industrial Development Site, the standard language of which shall be determined through coordination between the construction site contractor, the project applicant, and the City of Chino Director of Development Services or designee. This measure shall be implemented to the satisfaction of the City of Chino Director of Development Services, or designee. TRIBAL CULTURAL RESOURCES MITIGATION MEASURE TCR-1: A. The project applicant/lead agency shall retain a Native American Monitor from or approved by the Gabrieleño Band of Mission Indians – Kizh Nation. The monitor shall be retained prior to the commencement of any “ground-disturbing activity” for the subject project at all project locations (i.e., both on-site and any off-site locations that are included in the project description/definition and/or required in connection with the project, such as public improvement work). “Ground- disturbing activity” shall include, but is not limited to, demolition, pavement removal, potholing, auguring, grubbing, tree removal, boring, grading, excavation, drilling, and trenching. B. A copy of the executed monitoring agreement shall be submitted to the lead agency prior to the earlier of the commencement of any ground-disturbing activity, or the issuance of any permit necessary to commence a ground- disturbing activity. City of Chino director of development services, or designee. Prior to issuance of grading permit and during construction. Evidence to the City: 1) A Native American Monitor from or approved by the Gabrieleño Band of Mission Indians – Kizh Nation is retained; 2) Copy of the executed monitoring agreement submitted to City; 3) Daily monitoring logs submitted to City; 4) Appropriate buffers established as appropriate. Withhold grading permit and/or issuance of a stop work order. 466
MITIGATION MONITORING AND REPORTING PROGRAM PHILADELPHIA STREET INDUSTRIAL DEVELOPMENT SITE AND EAST END ANNEXATION PROJECT Mitigation Monitoring and Reporting Program 13 Project Name: Philadelphia Street Industrial Development Site and East End Annexation Project Applicant: Golden Management Services, Inc. Date: March 6, 2023 Mitigation Measure No. / Implementing Action Responsible for Monitoring Timing of Verification Method of Verification Verified Date/ Initials Sanctions for Non- Compliance C. The monitor would complete daily monitoring logs that would provide descriptions of the relevant ground-disturbing activities, the type of construction activities performed, locations of ground-disturbing activities, soil types, cultural- related materials, and any other facts, conditions, materials, or discoveries of significance to the Tribe. Monitor logs would identify and describe any discovered TCRs, including but not limited to, Native American cultural and historical artifacts, remains, places of significance, etc., (collectively, tribal cultural resources, or “TCR”), as well as any discovered Native American (ancestral) human remains and burial goods. Copies of monitor logs would be provided to the project applicant/lead agency upon written request to the Tribe. D. On-site tribal monitoring shall conclude upon the latter of the following (1) written confirmation to the Kizh from a designated point of contact for the project applicant/lead agency that all ground-disturbing activities and phases that may involve ground-disturbing activities on the project site or in connection with the project are complete; or (2) a determination and written notification by the Kizh to the project applicant/lead agency that no future, planned construction activity and/or development/construction phase at the project site possesses the potential to impact Kizh TCRs. E. Upon discovery of any TCRs, all construction activities in the immediate vicinity of the discovery shall cease (i.e., not less than the surrounding 50 feet) and shall not resume until the discovered TCR has been fully assessed by the Kizh monitor and/or Kizh archaeologist. The Kizh would recover and retain all discovered TCRs in the form and/or manner the Tribe deems appropriate, in the Tribe’s sole discretion, and 467
MITIGATION MONITORING AND REPORTING PROGRAM PHILADELPHIA STREET INDUSTRIAL DEVELOPMENT SITE AND EAST END ANNEXATION PROJECT Mitigation Monitoring and Reporting Program 14 Project Name: Philadelphia Street Industrial Development Site and East End Annexation Project Applicant: Golden Management Services, Inc. Date: March 6, 2023 Mitigation Measure No. / Implementing Action Responsible for Monitoring Timing of Verification Method of Verification Verified Date/ Initials Sanctions for Non- Compliance for any purpose the Tribe deems appropriate, including for educational, cultural and/or historic purposes. MITIGATION MEASURE TCR-2: A. Native American human remains are defined in PRC 5097.98 (d)(1) as an inhumation or cremation, and in any state of decomposition or skeletal completeness. Funerary objects, called associated grave goods in Public Resources Code Section 5097.98, are also to be treated according to this statute. B. If Native American human remains and/or grave goods discovered or recognized on the project site, then all construction activities shall immediately cease. Health and Safety Code Section 7050.5 dictates that any discoveries of human skeletal material shall be immediately reported to the County Coroner and all ground-disturbing activities shall immediately halt and shall remain halted until the coroner has determined the nature of the remains. If the coroner recognizes the human remains to be those of a Native American or has reason to believe they are Native American, he or she shall contact, by telephone within 24 hours, the Native American Heritage Commission, and Public Resources Code Section 5097.98 shall be followed. C. Human remains and grave/burial goods shall be treated alike per California Public Resources Code section 5097.98(d)(1) and (2). D. Construction activities may resume in other parts of the project site at a minimum of 200 feet away from discovered human remains and/or burial goods, if the Kizh determines in its sole discretion that resuming construction activities at that distance is acceptable and provides the project manager express consent of that determination (along with any other City of Chino director of development services, or designee. During construction. Evidence to the City: 1) Appropriate buffer areas have been established as applicable; 2) Coordinate with Native American Heritage Commission, Most Likely Descendent, and County Coroner as necessary. Issuance of a stop work order. 468
MITIGATION MONITORING AND REPORTING PROGRAM PHILADELPHIA STREET INDUSTRIAL DEVELOPMENT SITE AND EAST END ANNEXATION PROJECT Mitigation Monitoring and Reporting Program 15 Project Name: Philadelphia Street Industrial Development Site and East End Annexation Project Applicant: Golden Management Services, Inc. Date: March 6, 2023 Mitigation Measure No. / Implementing Action Responsible for Monitoring Timing of Verification Method of Verification Verified Date/ Initials Sanctions for Non- Compliance mitigation measures the Kizh monitor and/or archaeologist deems necessary). (CEQA Guidelines Section 15064.5(f).) E. Preservation in place (i.e., avoidance) is the preferred manner of treatment for discovered human remains and/or burial goods. Any historic archaeological material that is not Native American in origin (non-TCR) shall be curated at a public, non-profit institution with a research interest in the materials, such as the Natural History Museum of Los Angeles County or the Fowler Museum, if such an institution agrees to accept the material. If no institution accepts the archaeological material, it shall be offered to a local school or historical society in the area for educational purposes. F. Any discovery of human remains/burial goods shall be kept confidential to prevent further disturbance. MITIGATIOIN MEASURE TCR-3: A. As the Most Likely Descendant (“MLD”), the Koo-nas-gna Burial Policy shall be implemented. To the Tribe, the term “human remains” encompasses more than human bones. In ancient as well as historic times, Tribal Traditions included, but were not limited to, the preparation of the soil for burial, the burial of funerary objects with the deceased, and the ceremonial burning of human remains. B. If the discovery of human remains includes four or more burials, the discovery location shall be treated as a cemetery and a separate treatment plan shall be created. C. The prepared soil and cremation soils are to be treated in the same manner as bone fragments that remain intact. Associated funerary objects are objects that, as part of the death rite or ceremony of a culture, are reasonably believed to have been placed with individual human remains either at City of Chino director of development services, or designee. During construction. Evidence to the City: 1) Appropriate buffer areas have been established as applicable; 2) Coordinate with Native American Heritage Commission, Most Likely Descendent, and County Coroner as necessary. 3) Submittal of Data Recovery Report to the Native American Tribe. Issuance of a stop work order. 469
MITIGATION MONITORING AND REPORTING PROGRAM PHILADELPHIA STREET INDUSTRIAL DEVELOPMENT SITE AND EAST END ANNEXATION PROJECT Mitigation Monitoring and Reporting Program 16 Project Name: Philadelphia Street Industrial Development Site and East End Annexation Project Applicant: Golden Management Services, Inc. Date: March 6, 2023 Mitigation Measure No. / Implementing Action Responsible for Monitoring Timing of Verification Method of Verification Verified Date/ Initials Sanctions for Non- Compliance the time of death or later; other items made exclusively for burial purposes or to contain human remains can also be considered as associated funerary objects. Cremations would either be removed in bulk or by means as necessary to ensure complete recovery of all sacred materials. D. In the case where discovered human remains cannot be fully documented and recovered on the same day, the remains would be covered with muslin cloth and a steel plate that can be moved by heavy equipment placed over the excavation opening to protect the remains. If this type of steel plate is not available, a 24-hour guard should be posted outside of working hours. The Tribe would make every effort to recommend diverting the project and keeping the remains in situ and protected. If the project cannot be diverted, it may be determined that burials would be removed. E. In the event preservation in place is not possible despite good faith efforts by the project applicant/developer and/or landowner, before ground-disturbing activities may resume on the project site, the landowner shall arrange a designated site location within the footprint of the project for the respectful reburial of the human remains and/or ceremonial objects. F. Each occurrence of human remains and associated funerary objects would be stored using opaque cloth bags. All human remains, funerary objects, sacred objects and objects of cultural patrimony would be removed to a secure container on site if possible. These items should be retained and reburied within six months of recovery. The site of reburial/repatriation shall be on the project site but at a location agreed upon between the Tribe and the landowner 470
MITIGATION MONITORING AND REPORTING PROGRAM PHILADELPHIA STREET INDUSTRIAL DEVELOPMENT SITE AND EAST END ANNEXATION PROJECT Mitigation Monitoring and Reporting Program 17 Project Name: Philadelphia Street Industrial Development Site and East End Annexation Project Applicant: Golden Management Services, Inc. Date: March 6, 2023 Mitigation Measure No. / Implementing Action Responsible for Monitoring Timing of Verification Method of Verification Verified Date/ Initials Sanctions for Non- Compliance at a site to be protected in perpetuity. There shall be no publicity regarding any cultural materials recovered. G. The Tribe would work closely with the project’s qualified archaeologist to ensure that the excavation is treated carefully, ethically and respectfully. If data recovery is approved by the Tribe, documentation shall be prepared and shall include (at a minimum) detailed descriptive notes and sketches. All data recovery data recovery-related forms of documentation shall be approved in advance by the Tribe. If any data recovery is performed, once complete, a final report shall be submitted to the Tribe and the NAHC. The Tribe does NOT authorize any scientific study or the utilization of any invasive and/or destructive diagnostics on human remains. 471
MITIGATION MONITORING AND REPORTING PROGRAM PHILADELPHIA STREET INDUSTRIAL DEVELOPMENT SITE AND EAST END ANNEXATION PROJECT STANDARD CONDITIONS Mitigation Monitoring and Reporting Program 18 Project Name: Philadelphia Street Industrial Development Site and East End Annexation Project Applicant: Golden Management Services, Inc. Date: March 8, 2023 Standard Condition / Implementing Action Responsible for Monitoring Timing of Verification Method of Verification Verified Date/ Initials Sanctions for Non- Compliance HYDROLOGY AND WATER QUALITY STANDARD CONDITION HYD-1: Prior to commencement of construction activities, the Applicant shall obtain coverage under the National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities (Construction General Permit), (Santa Ana Regional Water Quality Control Board Order Number R8-2010-0033, National Pollutant Discharge Elimination System Permit No. CAS618033, as amended), or any other subsequent permit. This shall include submission of Permit Registration Documents, including permit application fees, a Notice of Intent, a risk assessment, a site plan, a Storm Water Pollution Prevention Plan (SWPPP), a signed certification statement, and any other compliance-related documents required by the permit, to the State Water Resources Control Board via the Stormwater Multiple Application and Report Tracking System (SMARTS). Construction activities shall not commence until a Waste Discharge Identification Number is obtained for the proposed project from the SMARTS and provided to the City of Chino Engineer/Public Works Director, or designee, to demonstrate that coverage under the Construction General Permit has been obtained. The Final SWPPP shall be prepared by a qualified SWPPP Developer in accordance with the requirements of the Construction General Permit. Requirements include Best Director of the City of Chino Public Works Department, or designee. Prior to construction. Evidence to the City a Waste Discharge Identification Number (WDID) is obtained for the project from the SMARTS. Withhold grading permit and/or issuance of a stop work order. 472
MITIGATION MONITORING AND REPORTING PROGRAM PHILADELPHIA STREET INDUSTRIAL DEVELOPMENT SITE AND EAST END ANNEXATION PROJECT Mitigation Monitoring and Reporting Program 19 Project Name: Philadelphia Street Industrial Development Site and East End Annexation Project Applicant: Golden Management Services, Inc. Date: March 8, 2023 Standard Condition / Implementing Action Responsible for Monitoring Timing of Verification Method of Verification Verified Date/ Initials Sanctions for Non- Compliance Management Practices (BMPs) for erosion and sediment control, site management/housekeeping/ waste management, management of non-storm water discharges, run-on and runoff controls, and BMP inspection/maintenance/ repair activities. BMP implementation shall be consistent with the BMP requirements in the most recent version of the California Stormwater Quality Association’s Stormwater Best Management Handbook-Construction. The Final SWPPP shall include a construction site monitoring program that identifies requirements for dry weather visual observations of pollutants at all discharge locations and, as appropriate (depending on the Risk Level), sampling of the site effluent and receiving waters. A Qualified SWPPP Practitioner shall be responsible for implementing the BMPs at the site and performing all required monitoring and inspection/maintenance/repair activities. STANDARD CONDITION HYD-2: The project applicant shall comply with the Santa Ana Regional Water Quality Control Board Storm Water permit requirements, including the Chapter 13.25 (Stormwater Drainage System Regulations) of the Chino Municipal Code. The project applicant shall prepare and implement a Final Water Quality Management Plan (FWQMP) for the project. The FWQMP shall include submission to the State Water Resources Control Board via the Stormwater Multiple Application and Report Tracking System (SMARTS). Construction activities shall not commence until a Waste Discharge Identification Number is obtained for the proposed project from the SMARTS and Director of the City of Chino Public Works Department, or designee Prior to the issuance of building permit. Submittal to City of a Final Water Quality Management Plan (Final WQMP), and a Waste Discharge Identification Number (WDID) is obtained for the project from the SMARTS. Withhold building permit. 473
MITIGATION MONITORING AND REPORTING PROGRAM PHILADELPHIA STREET INDUSTRIAL DEVELOPMENT SITE AND EAST END ANNEXATION PROJECT Mitigation Monitoring and Reporting Program 20 Project Name: Philadelphia Street Industrial Development Site and East End Annexation Project Applicant: Golden Management Services, Inc. Date: March 8, 2023 Standard Condition / Implementing Action Responsible for Monitoring Timing of Verification Method of Verification Verified Date/ Initials Sanctions for Non- Compliance provided to the City of Chino Engineer/Public Works Director, or designee, to demonstrate that coverage under the Construction General Permit has been obtained. The FWQMP would act as the overall program document designed to provide measures to mitigate potential water quality impacts associated with the operation of the proposed project. At a minimum, the FWQMP for the project shall include: An inventory and accounting of existing and proposed impervious areas. Low Impact Development (LID) design details incorporated into the project. Specific LID design may include, but is not limited to using pervious pavements and green roofs, dispersing runoff to landscaped areas, and/or routing runoff to the storm water detention/retention chamber system that would be developed on site as part of the project design. Measures to address potential storm water contaminants. These may include measures to cover or control potential sources of storm water pollutants at the project site. A Final Storm Water Facility Operation and Maintenance Plan for the project site, which shall include periodic inspection and maintenance of the storm water drainage system. Persons responsible for performing and funding the requirements of this plan shall be identified. This plan must be finalized prior to issuance of building permits for the project. 474
MITIGATION MONITORING AND REPORTING PROGRAM PHILADELPHIA STREET INDUSTRIAL DEVELOPMENT SITE AND EAST END ANNEXATION PROJECT Mitigation Monitoring and Reporting Program 21 Project Name: Philadelphia Street Industrial Development Site and East End Annexation Project Applicant: Golden Management Services, Inc. Date: March 8, 2023 Standard Condition / Implementing Action Responsible for Monitoring Timing of Verification Method of Verification Verified Date/ Initials Sanctions for Non- Compliance TRANSPORTATION STANDARD CONDITION T-1: The project applicant shall pay the fair-share amount of 0.33 percent as identified in the Traffic Study for the project to install a four-way traffic signal, design for a two-phase operation, and stripe crosswalks on all legs at the East End Avenue and Walnut Avenue intersection. The specific design shall be approved by the City Engineer in the final engineering phase. City Engineer. Prior to issuance of occupancy permit. Evidence to City of payment of 0.33 percent fair share for a four-way traffic signal, design for a two-phase operation, and stripe crosswalks on all legs at the East End Avenue and Walnut Avenue intersection. Withhold occupancy permit. STANDARD CONDITION T-2: The project applicant shall pay the fair-share amount of 0.54 percent as identified in the Traffic Study for the project to install a four-way traffic signal, design for a two-phase operation, and stripe crosswalks on all legs at the East End Avenue and Francis Avenue intersection. The specific design shall be approved by the City Engineer in the final engineering phase. City Engineer. Prior to issuance of occupancy permit. Evidence to City of payment of 0.54 percent fair share for a four-way traffic signal, design for a two-phase operation, and stripe crosswalks on all legs at the East End Avenue and Francis Avenue intersection. Withhold occupancy permit. 475

DEVELOPMENT ENGINEERING DIVISION CONDITIONS OF APPROVAL Reviewed/Approved By: JP Date: 7/12/13
PARCEL MAP NO. 20174 (PL20-0005)
DATE: July 6, 2023 PC MEETING DATE: July 19, 2023
PROJECT DESCRIPTION: Three concrete tilt-up buildings (warehouse/manufacturing) on 3.95 AC.

PROJECT LOCATION: NWC East End Avenue & Philadelphia Street APPLICANT: Lankershim Industrial, Inc. PROJECT ENGINEER: Isidro Abreo

PRIOR TO THE FOUR MAJOR DEVELOPMENT EVENTS, THE APPLICANT SHALL SATISFY AND FULFILL ALL CONDITIONS OUTLINED BELOW. FAILURE TO COMPLY WITH ANY CONDITIONS OF

APPROVAL SHALL BE DEEMED JUST CAUSE FOR REVOCATION OF PROJECT APPROVAL BY THE PLANNING COMMISSION. HOWEVER, THE DIRECTOR OF DEVELOPMENT SERVICES SHALL HAVE

THE AUTHORITY TO APPROVE MINOR DEVIATIONS IN THE CONDITIONS OF APPROVAL, AND ALL PLANS, INCLUDING THE CONSTRUCTION DRAWINGS.

1.0 PRIOR TO MAP RECORDATION:

1.1 Provide a preliminary Title Report no older than 60 days.

1.2 Submit a soils/geology report in accordance with Appendix J of the California Building Code, latest edition to the project engineer for review and approval.

1.3 Make the following dedications:

Street Name Distance Direction From C/L
East End Avenue 52-ft West
Philadelphia Street 52-ft North

1.3a Dedicate to the City a corner cutoff dedication at the northwest corner of East End Ave. and Philadelphia St., per City Municipal Code.

1.3b Prepare and record necessary drainage easements to implement the project in accordance with drainage law.

1.4 Provide and record a reciprocal use agreement to assure common ingress and egress and joint maintenance of all common access, parking areas and drives.

1.5 Provide a set of proposed Covenants, Conditions and Restrictions (CC&R) for review and approval. concerning
various facilities, including, but not limited to, right-of-way landscaping, private driveways, sidewalks, utilities, street lights, and Water Quality Management Plan (WQMP) features. This document must be submitted to and approved by the City before it is submitted to any other governmental entity.

1.6 Execute a Subdivision Agreement and submit security in an amount acceptable to the City Engineer to guarantee construction of the public improvements listed in 2.7. All security must be accessible to the City at any time and in a form acceptable to the City Engineer, pursuant to Government Code, Section 66499.
476
PARCEL MAP NO. 20174 2 July 6, 2023

1.7 Provide a Monumentation Bond in an amount specified in writing by a Registered Engineer or Licensed Land Surveyor of Record.

1.8 Complete and file the petition for annexation of your project property to the City's Landscape and Street Lighting Maintenance District MD 2002-1.

1.9 Comply with all applicable requirements of the City Municipal Code.

1.10 Provide a Pedestrian Accessibility Plan that labels and indicates the path location and conceptual design of the following structures and facilities:
a. Sidewalks and walks (public right of way sidewalk, walks within the development); b. Curb ramps should be directional with one curb ramp provided for each pedestrian crossing :
i. NWC East End Ave & Philadelphia St
ii. SWC East End Ave & Philadelphia St
iii. NEC East End Ave & Philadelphia St
iv. SEC East End Ave & Philadelphia St
c. Pedestrian crossings at driveways;
d. Crosswalks (marked & signalized) at the north, west, south and east legs of the East End Ave & Philadelphia St intersection, and
e. Path of travel from right-of-way to each commercial building pad

1.11 The Pedestrian Accessibility Plan requested in 1.10 should clearly indicate structures that are proposed with this site and future per other phases and/or site plans. Pedestrian facilities (privately or publicly owned) that are open to the public shall comply with accessibility standards in Policy on Accessible Pedestrian Facilities, the current edition of the CBC in effect at the time of building permit issuance or, if no permit, the date construction commences, and Part 36 of Title 28 of the Americans with Disabilities Act (ADA) regulations, which include the 2010 ADA Standards

1.12 Existing pedestrian facilities on the frontage of the development, open to the public within the development, shall be evaluated for accessibility. The street frontage includes all adjacent pedestrian facilities created by, extended from, or connected to any required or provided sidewalk improvements. The frontage may include sidewalks, curb ramps, connecting crosswalks (marked and unmarked), and other associated pedestrian facilities. a. The following existing improvements shall be made compliant with accessibility regulations as a part of this project:
i. sidewalks/walks along project frontage (East End Ave and Philadelphia St) ii. curb ramps (directional/perpendicular)
Northwest, southwest, northeast, and southeast corners of the East End Ave and Philadelphia St intersection.
iii. crosswalk pavement and associated pedestrian facilities (pedestrian push buttons, maneuvering, clear space)
North, south, east, and west leg of the East End Ave and Philadelphia St intersection.
iv. driveway approaches crossings
One (1) right-in/ right-out driveway on East End Ave.

One (1) full-access driveway on East End Ave.

One (1) full-access driveway on Philadelphia St.
v. No on-street parking allowed along both Philadelphia St. and East End Ave. b. Improvements that are non-compliant with the accessibility standards in effect at the time of construction or alteration, shall be brought up to current accessibility 477
PARCEL MAP NO. 20174 3 July 6, 2023
standards. This work shall be incorporated into the scope of this project and shall be completed prior to acceptance by the City.
c. Improvements that are compliant with the accessibility standards in effect at the time of construction, shall be documented on a separate construction plan with detailed specifications (running and cross slopes of all pedestrian walking surfaces, locations and dimensions and slopes of maneuvering spaces and landings, width of sidewalk, width, and vertical clearance from obstructions). The accessibility of existing improvements will be verified by City inspection staff upon completion of the project.

Discrepancies between documented existing conditions and existing conditions as measured by City staff shall be remedied and brought up to accessibility standards as part of the project.

1.13 Pay all applicable fees pursuant to City Municipal Code, including, but not limited to, plan check fees, inspection & permit fees.

2.0 PRIOR TO ISSUANCE OF BUILDING PERMITS FOR ANY LOT WITHIN THE SUBDIVISION/ PRIOR TO ISSUANCE OF CONSTRUCTION PERMITS:

2.1 Record Parcel Map No. 20174 pursuant to the Subdivision Map Act and in accordance with City Municipal Code. Provide a duplicate photo Mylar of the recorded map to the City Engineer's office.

2.2 All required plans and studies shall be prepared by a Registered Professional Engineer and submitted to the project engineer for review and approval. All project plans must be approved by the City Engineer's office before a Building permit will be issued. All maps, studies, calculation sheets, reports, etc. must be on and/or folded in an 11-inch x 8 1/2-inch standard format.

2.3 Prepare and submit a drainage study, including supporting hydraulic and hydrological data to the project engineer for approval. The study shall confirm or recommend changes to the City's adopted Master Plan of Drainage (MPD) by identifying off-site and on-site stormwater runoff impacts resulting from build-out of permitted General Plan land uses. In addition, the study shall identify the project's contribution and shall provide locations and sizes of catchments and system connection points and all downstream drainage-mitigating measures. The study shall ensure that the postdevelopment runoff is less than equal to 80% of the pre-development run-off.

2.4 Prepare and submit a final grading plan showing building footprints, pad elevations, finished grades, drainage routes, retaining walls, erosion control, slope easements and other pertinent information in accordance with Appendix J of the California Building Code, latest edition.

2.5 Provide a certificate, from a Registered Civil Engineer, certifying that the finished grading has been completed in accordance with the City approved grading plan.

2.6 Design and install a monitoring manhole (per City Standard No. 530) on each domestic sewer lateral connection from any industrial building into the City's main sewer or into a private sewer main that is tributary to the City's main sewer. In addition, design and install a sampling Wye on a stubbed-out sewer lateral connection into the main sewer for each industrial building in this development.

2.7 Design full public improvements for all impacted and interior streets/facilities in accordance with the City Municipal Code, Standards and Specifications. Such public improvements may include, but not be limited to, the following:
(Please coordinate and verify all requirements with the project engineer.) 478
PARCEL MAP NO. 20174 4 July 6, 2023
Street Names
East End Avenue(1) Philadelphia Street(1)
Curb & Gutter (Offset from Centerline) Sidewalk (Width) Asphalt Concrete Pavement on Aggregate Base (Width from Centerline)
(2)
Asphalt Concrete Overlay X X
Street Lights(3) X X
Median Island and Landscaping Parkway Landscaping(4)
X X
Striping and Traffic Controls (5) X X
Traffic Signal Interconnect X X
Traffic Signal(6) X X
Sewer(7) X
Storm Drain(8) Domestic Water(9)
X
Recycled Water Fire Hydrants as required by CVIFD(10)
X X
Project Driveways(11) X X
(1) Remove and/or repair any damaged, broken, abandoned, or sub-standard improvements resulting from the project. Relocation of existing appurtenances (e.g. fire hydrants, power poles, blowoffs, etc.) may be required to accommodate the required improvements. (2) Fully reconstruct the existing pavement section along the property frontage from the centerline of the street to the edge of pavement.
(3) Adequate lighting is required for pedestrian facilities and proposed bike lanes (Class II or III bike facilities on East End Ave and Philadelphia St), in addition to vehicular use. Streetlights, where required, shall be designed and constructed per current Chino standards and specs. (4)
and irrigation installation are required to be installed along the project frontage. (5) The City Traffic Engineer shall determine the limits of the signing and striping improvements. (6) As part of the new construction of sidewalk, curb/gutter and curb ramps, a new traffic signal is required at the intersection of East End Ave and Philadelphia St. (7) Abandon unused sewer services per City standards, where applicable. Proposed service connections to the existing public sewer main shall be constructed using revised as-built plans and following City standards for street trenching backfill and repair. (8) Construct a storm drain catch basin at the northwest corner of Philadelphia St and East End Ave that connects to the existing storm drain along East End Avenue. (9) Abandon unused water services per City standards, where applicable. Proposed service connection and metering to the existing public sewer main shall be constructed using revised as-built plans and following City standards for street trenching backfill and repair. (10) In addition to the required construction of new fire hydrants per Chino Valley Independent ts may also need to be relocated to
accommodate pedestrian facilities and street widening improvements. (11) The proposed driveways at both East End Ave and Philadelphia St shall be constructed per City Std. 250 with 5-ft sidewalks.
479
PARCEL MAP NO. 20174 5 July 6, 2023

2.8 All improvements shall comply with federal, state, and local accessibility regulations and standards.

The review or approval of plans and specifications by the City does not permit the violation of any section of the federal law, state law, building code, or local ordinance. Where accessibility standards are contradictory, the provision that provides the most accessible (restrictive) condition standards, the prevailing provision shall
Engineer.

2.9 Obtain design and plan approval from appropriate utility companies for undergrounding all utility lines adjoining and interior to the project, including power lines of 34.5 kV or less, pursuant to City Municipal Code, Chapter 13.32.

2.10 Pay all applicable fees pursuant to City Municipal Code including, but not limited to, the Development Impact Fees (DIF) and Sewage Facilities Development Fee (SFDF). The actual amount of fees due to the City will be based on the fee schedule in place on the date that the fees are due, or the date that they are paid, whichever occurs last. The fee amount stated in this notice is subject to change based on (1) annual adjustments for inflation, pursuant to Chino Municipal Code, Chapter 3.40.100 or 3.45.100, (2) revisions to the Chino Municipal Code, and (3) updates to the fee studies and nexus reports adopted by the City.

Developer is solely responsible for remaining informed about changes in the fee amounts. City shall have no obligation to inform Developer of changes in the fee amounts unless Developer requests notice of such changes, pursuant to Government Code Section 66019(b) and Chino Municipal Code Chapter 3.40.080(B) or 3.45.080(B).

2.11 All projects developing one (1) acre or more of total land area, or which are part of a larger phased development that will disturb one acre of land, are required to obtain coverage under the State associated
with construction activity. Proof of filing a Notice of Intent (NOI) with the SWRCB for coverage under the SWRCB, must be submitted to the Project Engineer prior to issuance of grading permits. More detailed information regarding this General Permit, applicable fee information and the necessary forms to complete the NOI are available by calling (916) 341-5537 or on the SWRCB web site at http://www.swrcb.ca.gov/water_issues/programs/stormwater/constpermits.shtml

2.12 Pursuant to Santa Ana Regional Water Quality Control Board Order Number R8-2010-0036, NPDES Permit No. CAS618036, prepare a project-specific Water Quality Management Plan (WQMP) and submit to the project engineer for review and approval. To address NPDES Permit requirements to the maximum extent practicable, the project shall be designed to specify preferential use of Low Impact Development Best Management Practices that reduce pollutants and runoff volume through structural measures (e.g. infiltration, harvesting, and bio-treatment) and non-structural measures (e.g. preserving natural areas, clustering development, and reducing impervious areas). The WQMP shall conform to the requirements of the San Bernardino County Stormwater Program, 2013 WQMP Technical Guidance Document.

2.13 Any future maintenance and repair of sewer laterals, except for the portion of lateral located within the public right-of-way or public easement, and domestic water or fire service laterals to the project site shall be the sole responsibility of the applicant/property owner in accordance with City Code, Chapter 13.04.175 and 13.12.150.

2.14 Convey ownership of all onsite water wells, where existing, to the City and convert to monitoring Prepare and record any necessary easements to provide the City with access to the monitoring 480
PARCEL MAP NO. 20174 6 July 6, 2023
wells. Any existing water wells that cannot be feasibly converted to monitoring wells shall be destroyed (per City Standard No. 465).

2.15 All public street corners shall have a minimum curb radii per City Municipal Code, Chapter 19.06 and City Standards and Specifications.

2.16 Provide adequate sight distance (per City Standard No. 865) for each project driveway and at all intersections. Landscaping type and height shall be maintained to ensure sight distance requirements are perpetuated.

2.17 Submit to the City electronic files, in Adobe Acrobat PDF format, of all submittals, including reports, studies, improvement plans, and City redlines of previous submittals. Include AutoCAD and Esri GIS shape files as an e-transmitted zip file of all approved improvement plans.

2.18 company for ongoing maintenance of traffic signals listed in Sections 2.7 and until such time the improvements are accepted by the City.

2.19 Comply with all requirements of the Traffic Impact Analysis (TIA) dated February 22, 2021, including participation in fair share contributions and construction of required improvements and mitigation measures as shown on the Mitigation Monitoring and Reporting Program, to mitigate impacts.

3.0 PRIOR TO REQUEST AND RELEASE OF ANY OCCUPANCY PERMITS:

3.1 Construct and secure Development Services Department approval of all public facilities enumerated under Section 2.7 above (per Resolution No. 88-23).

3.2 Underground all utility lines adjoining and interior to the project, including power lines of 34.5kV or less in accordance with City Municipal Code, Chapter 13.32.

3.3 Distribute for signature of all buyers, the information and disclosure notice announcing that the development will be annexed to the City's Landscape and Street Lighting Maintenance Assessment District before transfer of property title and completion and acceptance of all public improvements.

3.4 s Civil Engineer shall field verify that all BMPs are designed, constructed, and functional in accordance with the approved WQMP. BMPs shall also be inspected by Public Works Environmental staff. Coordinate inspection with staff and submit a completed City of Chino BMP field verification form for review and approval.

3.5 Slurry seal along all streets impacted by the development as directed by City staff. Install signing and striping per approved plans.

3.6 Provide and record a reciprocal use and maintenance agreement to assure common ingress and egress and joint maintenance of all common access, parking areas and drives.

3.7 Pay all remaining applicable fees pursuant to City Municipal Code. 481
PARCEL MAP NO. 20174 7 July 6, 2023

4.0 PRIOR TO FINAL ACCEPTANCE/PROJECT CLOSEOUT:

4.1 Complete all Conditions of Approval listed under Sections 1-3 above.

4.2 Submit to the City a letter from the surveyor indicating monuments required for the map have been set and they have been fully paid for their services.

4.3 Submit to the City, electronic files of Tract/Parcel Map and - AUTOCAD, Ersi GIS shape and Adobe Acrobat PDF formats. AUTOCAD files shall be submitted as an etransmitted zip file of the CAD drawings with all base files attached. Scanned resolution of PDF shall be a minimum of 360 dpi.
482
Rev. 7/12/2323

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT

DEVELOPMENT ENGINEERING DIVISION
PARCEL MAP NO. 20174
PROJECT ENGINEER: Isidro Abreo
DATE: 7/6/2023

A COPY OF THIS CHECK LIST MUST BE PROVIDED ALONG WITH A COMPLETED PLAN CHECK REVIEW

APPLICATION TO THE ENGINEERING TECHNICIAN WHEN MAKING AN APPOINTMENT FOR FIRST PLAN CHECK

SUBMITTAL

Copy of Development Engineering Division Conditions of Approval Maps (Subdivision Only)
Preliminary Title Report (no older than six months) (Subdivision Only) Closure Calculations (Subdivision Only)
Referenced Maps (Subdivision Only)
Preliminary Soils Report (no older than sixty days)
Lot line adjustment certificate
Lot merger
Right-of-way dedication
Rough Grading Plans
Precise Grading Plans with Private Storm Drain improvements

Storm Drain Plans
Hydrology and Hydraulic Calculations with Backup Data (Signed and Sealed by a Registered Civil Engineer) Street Improvements Plans
Crossimprovements
Sewer Plans revisions to City Record Drawings
Domestic Water Plans revisions to City Record Drawings

Recycled Water Plans
Street Light Plans, including a Photometric Diagram
Voltage Drop Calculations (Signed and Sealed by a Registered Engineer) within the street sight plan

Signing and Striping Plans
Traffic Signal Interconnect Plans
Traffic Signal Plans
Water Quality Management Plan
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Special Districts Leadership Foundation - District of Distinction Since 2008

Board of Directors
John DeMonaco
President
Harvey Luth
Vice President
Tom Haughey
Mike Kreeger
Sarah Ramos-Evinger
Fire Chief
Dave Williams
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Special Districts Leadership Foundation - District of Distinction Since 2008 485
Special Districts Leadership Foundation - District of Distinction Since 2008 486
Special Districts Leadership Foundation - District of Distinction Since 2008 487
Special Districts Leadership Foundation - District of Distinction Since 2008 488
Special Districts Leadership Foundation - District of Distinction Since 2008 489
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100 50 25 0 PASSENGER LOADING

PASSENGER

LOADING PARKING PARKING NO

PASSENGER
LOADING 8'X10' TRANS. PAD ELECT. RM.

LEFT TURN NO ELECT. RM. 8'X10' TRANS. PAD ELECT. RM. 1,600 AMP 800 AMPLEFT T RO DISCLAIMER: ALL INFORMATION CONTAINED HEREIN MAY BE SUBJECT TO CHANGE PENDING OWNER AND OR AGENCY REVIEW AND IS FOR INFORMATION ONLY 507 508
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¯ LEGEND
Proposed Development
Proposed Annexation
Current City Boundary
Zoning Designations
Single-Family Residential (RS-20M)
Commercial Industrial (IC)
Regional Industrial (IR)

SAN BERNARDINO COUNTY ZONING
Date: 4/5/2023
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FRANCIS AVE

PHILADELPHIA ST
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¯ LEGEND
Proposed Development
Proposed Annexation
Current City Boundary
Zoning Designations
Light Industrial (M1)
General Industrial (M2)

PROPOSED PREZONE
Date: 6/21/2023
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514
CHINO EEAA AND PSIC ANNEXATION: PLAN FOR

SERVICE AND FISCAL ANALYSIS
Prepared for:

Golden Management Services Inc.

October 20, 2022
SUBMITTED BY:

THE NATELSON DALE GROUP, INC.

YORBA LINDA, CA • www.natelsondale.com
O: 714.692.9596 • F: 714.692.9597
515

CONTENTS
Executive Summary ............................................................................................................................................1 Property Tax Scenarios Considered in this Analysis.......................................................................................1 Summary Conclusion......................................................................................................................................2 Chapter 1: Introduction......................................................................................................................................4 Purpose of the study ......................................................................................................................................4 Organization of the Report.............................................................................................................................7 Chapter 2: Project Description ...........................................................................................................................8 Planned Improvements..................................................................................................................................8 Assessed Valuation and Property Tax ..........................................................................................................10 Chapter 3: Public Facilities/Services Before and After Annexation..................................................................12 Chapter 4: City of Chino Fiscal Analysis Assumptions......................................................................................14 Baseline Population and Employment .........................................................................................................14 City Revenue Data ........................................................................................................................................16 City Cost Data ...............................................................................................................................................17 Chapter 5: Fiscal Impacts of Annexation Area..................................................................................................19 Chapter 6: Project One-Time Fees and Charges...............................................................................................23 Appendix A: Supporting Fiscal Documentation................................................................................................24 516

CHINO EAST END ANNEXATION AREA (EEAA) AND PHILADELPHIA STREET INDUSTRIAL CENTER (PSIC) DEVELOPMENT: PLAN FOR SERVICE AND FISCAL ANALYSIS
The Natelson Dale Group Inc.
1 Executive Summary
This report presents the plan for service and fiscal analysis of the proposed annexation of the East End Annexation Area (EEAA), including the 3.2-acre Philadelphia Street Industrial Center (PSIC) development, into the City of Chino. Whereas a specific development project is currently proposed for the PSIC, potential development within other portions of the EEAA is unknown at this time. However, since the City will require annexation of the overall EEAA as a single “project” for LAFCo purposes, this analysis evaluates the potential fiscal impacts of the specific land uses proposed for the PSIC and an assumed land use mix for the balance of the EEAA. In this regard, the analysis does not assume full buildout of the EEAA but considers estimated development within the 5-year forecast horizon required for LAFCo fiscal studies. Chapter 2 details the study’s land use assumptions.

In keeping with the LAFCo guidelines for reports of this type, the cost and revenue categories included reflect those associated with municipal revenues and functions that would be absorbed by the City upon annexation of the Project. For the City’s budget, this includes the categories listed below.

General Fund and Relevant Other Accounts, Annual Recurring Revenues Property Taxes
VLF-Property Tax in Lieu
Property Transfer Tax
Off-Site Retail Sales and Use Tax
Proposition 172 Half Cent Sales Tax
Measure I 2010-2040 Half Cent Sales Tax
Franchise Fees
Transfers In: State Gas Tax
Transfers In: From Other City Funds
General Fund and Relevant Other Accounts, Annual Recurring Costs General Government
Police Protection
Community Services
Community Development
Public Works: Street Maintenance
Public Works: Other Costs
Property Tax Scenarios Considered in this Analysis
Consistent with the City’s current discussions with LAFCo, this analysis considers two scenarios regarding the share of the 1% property tax levy that would accrue to the City’s General Fund:
• “Half Share” Property Tax Scenario – assumes 5.4% of the 1% property tax levy accrues to City’s General Fund
• “Full Share” Property Tax Scenario – assumes 10.8% of the 1% property tax levy accrues to City’s General Fund
517

CHINO EAST END ANNEXATION AREA (EEAA) AND PHILADELPHIA STREET INDUSTRIAL CENTER (PSIC) DEVELOPMENT: PLAN FOR SERVICE AND FISCAL ANALYSIS
The Natelson Dale Group Inc.
2 Summary Conclusion
A summation of the annexation area’s projected annual recurring revenues and costs, for the categories listed above, is shown on Table E-1 below. Based on the conservative revenue assumptions used in this analysis (as described further below), the annexation area would:
• Generate a small fiscal deficit ($2,200 per year) to the City under the “half share” property tax scenario; and
• Generate a fiscal surplus of $22,600 per year under the “full share” property tax scenario.

Under more favorable revenue assumptions (see discussion of potential sales tax revenues below), the annexation area would potentially generate a significantly larger annual surplus for the City (even under the “half share” property tax scenario).

TABLE E-1. SUMMARY OF ANNUAL FISCAL IMPACTS AT BUILDOUT Annual Impact at Buildout
Property Tax Scenario
Half Share Full Share
Total Recurring Revenues $46,842 $71,665
Total Recurring Costs $49,024 $49,024
Annual Recurring Surplus/Deficit -$2,183 $22,641
Source: Table 5-3a and Table 5-3b.

Whereas most revenue sources associated with the project are reasonably predictable based on standard development assumptions, one key revenue item – sales tax – can vary widely for industrial buildings based on the specific tenant type(s) occupying the space. Some industrial businesses generate substantial sales tax revenue (due to “point of sale” business activities) while some industrial tenants generate little or no sales tax. Based on available data, The Natelson Dale Group, Inc. (TNDG) estimates that existing industrial space in the combined Chino/Chino Hills area generates average taxable sales of $32.20 per square foot of building area.1
Given that specific tenants are not currently known for the PSIC or the overall EEAA, it is reasonable to expect that the tenant mix (and therefore the level of sales tax generation) for project would mirror the overall makeup of Chino’s industrial market. However, in order to remain analytically conservative (per direction from City staff), the fiscal analysis assumes that no sales tax revenue would be generated by the proposed project.

Based on estimated industrial sales tax generation in other Inland Empire cities, TNDG believes that it is highly likely that the proposed project would generate significant taxable sales. TNDG estimates industrial 1 This factor was derived from two sources: 1) total taxable sales during Calendar Year 2021 in the “All Other Outlets” (i.e., non-retail) sales category as reported by the California Department of Tax and Fee Administration and 2) total square feet of industrial buildings in Chino/Chino Hills as reported by Kidder Matthews (Q2 2022 industrial “Market Trends” report for the Inland Empire). Specifically, total taxable sales of $1,758,858,921 divided by a total industrial inventory of 54,627,425 square feet equals average taxable sales of $32.20 per square foot. 518

CHINO EAST END ANNEXATION AREA (EEAA) AND PHILADELPHIA STREET INDUSTRIAL CENTER (PSIC) DEVELOPMENT: PLAN FOR SERVICE AND FISCAL ANALYSIS
The Natelson Dale Group Inc.
3 taxable sales PSF in other key Inland Empire sub-markets as follows2 : Corona ($53.24), Fontana ($14.19),
Jurupa Valley ($20.33), Moreno Valley ($8.83), Ontario ($32.38), Perris ($9.12), Rancho Cucamonga ($21.51), Redlands ($7.08), Rialto ($40.77), Riverside ($32.55), and San Bernardino ($16.86). The weighted average for these 12 sub-markets is $25.11 per square foot.

As indicated by the above data, the potential exists for the project to substantially outperform the conservative “no sales tax” assumption used in this analysis. For example, if the project achieved taxable sales equivalent to the existing average for the 12 sub-markets noted above ($25.11 PSF), the project would generate a net fiscal surplus for the City of $41,600 per year under the half-share property tax scenario and $66,400 per year under the full-share property tax scenario. If the project achieved taxable sales equivalent to the existing average for the Chino/Chino Hills area ($32.20 PSF), the project would generate a net fiscal surplus for the City of $53,900 per year under the half-share property tax scenario and $78,800 per year under the full-share property tax scenario. Table E-2 below compares the net fiscal impact of the project under the various property and sales tax scenarios considered in this analysis.

TABLE E-2. COMPARISON OF NET FISCAL IMPACTS AT BUILDOUT

BY SALES TAX AND PROPERTY TAX SCENARIO
Taxable Sales Assumptions
Property Tax Scenario
Half Share Full Share
No Taxable Sales -$2,183 $22,641
Taxable Sales @ $25.11/square foot $41,573 $66,397
Taxable Sales @ $32.20/square foot $53,928 $78,752
Source: The Natelson Dale Group, Inc. (TNDG).
2 These estimates were derived using the same data sources used for Chino (as described in the previous footnote). 519

CHINO EAST END ANNEXATION AREA (EEAA) AND PHILADELPHIA STREET INDUSTRIAL CENTER (PSIC) DEVELOPMENT: PLAN FOR SERVICE AND FISCAL ANALYSIS
The Natelson Dale Group Inc.
4 Chapter 1: Introduction
This report presents the plan for service and fiscal analysis of the proposed annexation of the East End Annexation Area (EEAA), including the Philadelphia Street Industrial Center (PSIC) development, into the City of Chino. The overall EEAA totals approximately 46.48 acres in the County of San Bernardino unincorporated area, adjacent to the city of Chino boundary and within the city’s sphere of influence. The PSIC site totals 3.2 acres and is a part of the larger EEAA. The PSIC property consists of mostly vacant land with an existing single-family residential structure (see Figure 1). The Project developer for the PSIC proposes to construct 60,000 square feet of industrial space on the property.

Purpose of the study
The Local Agency Formation Commission (LAFCo) for San Bernardino County requires a Plan For Service and Fiscal Impact Analysis (Analysis) be prepared when a jurisdiction is affected by a proposed change such as the annexation proposed for this Project. According to the San Bernardino LAFCO Policy and Procedure Manual (2020), the Analysis needs to address:

A. A description of the level and range of each service to be provided to the affected territory.

B. An indication of when the service can be feasibly extended to the affected territory.

C. An identification of any improvement or upgrading of structures, roads, water or sewer facilities, other infrastructure, or other conditions the affected agency would impose upon the affected territory.

D. The Plan shall include a Fiscal Impact Analysis which shows the estimated cost of extending the service and a description of how the service or required improvements will be financed. The Fiscal Impact Analysis shall provide, at a minimum, a five (5)-year projection of revenues and expenditures. A narrative discussion of the sufficiency of revenues for anticipated service extensions and operations is required.

E. An indication of whether the annexing territory is, or will be, proposed for inclusion within an existing or proposed improvement zone/district, redevelopment area, assessment district, or community facilities district [does not apply to this analysis].

F. If retail water service is to be provided through this change, provide a description of the timely availability of water for projected needs within the area based upon factors identified in Government Code Section 65352.5 (as required by Government Code Section 56668(k)).

In keeping with the LAFCo guidelines, the cost and revenue categories included in this report reflect costs and revenues associated with municipal functions that would be absorbed by the City upon annexation of the Project. Within the City’s budget, this includes amounts for a broad range of General Fund-related activities plus specific functions associated with, primarily, the Public Works Department. The intent is to align cost categories with corresponding revenue sources, tabulating the effects on each due to the annexation. Additional discussion pertaining to the conceptual basis for the figures used in the analysis is provided in table footnotes.

Figures 1-1 and 1-2 below show Chino and the annexation area, respectively. 520

CHINO EAST END ANNEXATION AREA (EEAA) AND PHILADELPHIA STREET INDUSTRIAL CENTER (PSIC) DEVELOPMENT: PLAN FOR SERVICE AND FISCAL ANALYSIS
The Natelson Dale Group Inc.
5 FIGURE 1-1. REGIONAL LOCATION
Sources: The Natelson Dale Group, Inc.; US Census; Open Street Map CC By 4.0 521

CHINO EAST END ANNEXATION AREA (EEAA) AND PHILADELPHIA STREET INDUSTRIAL CENTER (PSIC) DEVELOPMENT: PLAN FOR SERVICE AND FISCAL ANALYSIS
The Natelson Dale Group Inc.
6 FIGURE 1-2. EEAA ANNEXATION AREA
Sources: The Natelson Dale Group, Inc.; US Census; Open Street Map CC By 4.0; San Bernardino County GIS 522

CHINO EAST END ANNEXATION AREA (EEAA) AND PHILADELPHIA STREET INDUSTRIAL CENTER (PSIC) DEVELOPMENT: PLAN FOR SERVICE AND FISCAL ANALYSIS
The Natelson Dale Group Inc.
7 Organization of the Report
Chapter 2 includes a description of the Project’s planned improvements and information pertaining to property taxes associated with the Project. Chapter 3 addresses conditions pertaining to public facilities/services before and after the proposed annexation. Chapter 4 derives cost and revenue projection factors from the City’s budget, for purposes of the fiscal impact forecasts. Chapter 5 summarizes the fiscal impacts related to the proposed annexation area. Chapter 6 presents the one-time fees and charges that would be paid to the City by the Project. Supporting fiscal documentation is shown in Appendix A. 523

CHINO EAST END ANNEXATION AREA (EEAA) AND PHILADELPHIA STREET INDUSTRIAL CENTER (PSIC) DEVELOPMENT: PLAN FOR SERVICE AND FISCAL ANALYSIS
The Natelson Dale Group Inc.
8 Chapter 2: Project Description
Planned Improvements
Within the PSIC portion of the EEAA, the Developer proposes to construct 60,000 square feet of industrial space on a 3.2-acre site. Whereas a specific development project is currently proposed for the PSIC, potential development for the balance of the EEAA is unknown at this time. However, since the City will require annexation of the overall EEAA as a single “project” for LAFCo purposes, this analysis evaluates the potential fiscal impacts of the specific land uses proposed for the PSIC and an assumed land use mix for the balance of the EEAA. In this regard, the analysis assumes that an additional 100,000 square feet of industrial space (i.e., over and above the PSIC Project) would be developed within the 5-year forecast horizon required by LAFCo. Thus, the analysis considers total EEAA development (including the PSIC) of 160,000 square feet of industrial space. See Table 2-1 for the assumed phasing of this development.

TABLE 2-1. PROJECT DESCRIPTION
CHINO EEAA AND PSIC: PLAN FOR SERVICE AND FISCAL ANALYSIS Phasing of future development (5 years): Year 1 Year 2 Year 3 Year 4 Year 5 Total Industrial Buildings (square feet)
PSIC (Building 1) 25,000 0 0 0 0 25,000
PSIC (Building 2) 19,500 0 0 0 0 19,500
PSIC (Building 3) 15,500 0 0 0 0 15,500
EEAA 0 25,000 25,000 25,000 25,000 100,000
Total 60,000 25,000 25,000 25,000 25,000 160,000
Cumulative 60,000 85,000 110,000 135,000 160,000
Acres Absorbed During Year 3.20 1.33 1.33 1.33 1.33
Cumulative acres absorbed 3.20 4.53 5.87 7.20 8.53
Total Dwelling Units (beginning of year) 3 2 2 2 2
Dwelling Units Demolished During Year 1 0 0 0 0
Total Dwelling Units (end of year) 2 2 2 2 2
Cumulative Population by Year 7 7 7 7 7
New Employees per Year 40 17 17 17 17
Cumulative Employees per Year 40 57 73 90 107
Total Service Population by Year 27 35 44 52 60
Sources: The Natelson Dale Group, Inc.; Developer
The indicated numbers of employees reflect an assumed employment density of one job per 1,500 square feet of industrial space. The “service population” numbers assume that on “daytime” employee is equivalent to 50% of a full-time City resident in terms of demand on public services. 524

CHINO EAST END ANNEXATION AREA (EEAA) AND PHILADELPHIA STREET INDUSTRIAL CENTER (PSIC) DEVELOPMENT: PLAN FOR SERVICE AND FISCAL ANALYSIS
The Natelson Dale Group Inc.
9 Table 2-2 below provides a summary of the public streets that would become the City’s maintenance responsibility upon annexation of the EEAA. The City-maintained streets would include existing streets currently maintained by the County, as well some additional lanes that would be developed at some future date. Per City staff, the new lanes would mostly likely be developed after the five-year timeframe for this analysis. However, in order to fully account for this potential cost, the analysis assumes that the new lanes would be operational by Year 5. The analysis assumes that any new internal streets (i.e., developed within individual business parks) would be privately maintained.

TABLE 2-2. PUBLICLY MAINTAINED INFRASTRUCTURE
CHINO EEAA AND PSIC: PLAN FOR SERVICE AND FISCAL ANALYSIS Off-Site Roads to be Maintained by City
Street Segment Length
Existing Lanes
to be Annexed
Future Lanes
to be Developed
East End Avenue – from 660’
South of Philadelphia Street to
Philadelphia Street, west half
660’ 1 lane
(0.125 lane miles)
1 lane
(0.125 lane miles)
East End Avenue – from
Philadelphia Street to Francis
Avenue, west half (existing)
1,000’ 2 lanes
(0.379 land miles)
East End Avenue – from
Philadelphia Street to Francis
Avenue, west half (future
widening)
1,660’ 1 lane
(0.314 lane miles)
1 lane
(0.314 lane miles)
Philadelphia Street – county line
to channel, north half
460’ 1 lane
(0.087 lane miles)
1 lane
(0.087 lane miles)
Philadelphia Street – channel to
East End Avenue, full width
680’ 2 lanes
(0.258 lane miles)
2 lanes
(0.258 lane miles)
Francis Avenue – county line to
East End Avenue, south half
525’ 1 lane
(0.099 lane miles)
1 lane
(0.099 lane miles)
Totals 4,985’ 1.262 lane miles 0.883 lane miles
5-Year Projection Year 1 Year 2 Year 3 Year 4 Year 5
New Publicly Maintained Road Lineal Miles1
On-Site: New Internal Roads 0.00 0.00 0.00 0.00 0.00
Off-Site: Subdivision's Share of New Off-Site Roads,
Lane-miles 1.56 0.00 0.00 0.00 0.00
Total New Road Lineal Lane-Miles 1.56 0.00 0.00 0.00 0.00 Cumulative lane miles 1.56 1.56 1.56 1.56 1.56
Source: The Natelson Dale Group, Inc.; Developer
525

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The Natelson Dale Group Inc.
10 Assessed Valuation and Property Tax
Table 2-3 shows the projected assessed valuation of the Project, and various property tax implications. The assessed valuation is based on a projected development value (including land and improvements) of $180 per square foot of industrial building area.

TABLE 2-3. PROJECTED ASSESSED VALUATION AND PROPERTY TAX CHINO EEAA AND PSIC: PLAN FOR SERVICE AND FISCAL ANALYSIS Year 1 Year 2 Year 3 Year 4 Year 5 Total
Industrial Buildings (square feet)
PSIC 60,000 0 0 0 0 60,000
EEAA 0 25,000 25,000 25,000 25,000 100,000
Total 60,000 25,000 25,000 25,000 25,000 160,000
Cumulative 60,000 85,000 110,000 135,000 160,000
Assessed Valuation
Assessed Value of Undeveloped
Land (beginning of year) $21,073,673 $19,609,906 $19,000,003 $18,390,100 $17,780,197 Assessed Value of New
Development $10,800,000 $4,500,000 $4,500,000 $4,500,000 $4,500,000 Adjustment for Previous AV of
Developed Land ($1,463,767) ($609,903) ($609,903) ($609,903) ($609,903) Net Annual Change in Assessed
Valuation $9,336,233 $3,890,097 $3,890,097 $3,890,097 $3,890,097 Cumulative New Valuation (for
Property Tax calculations) $30,409,906 $34,300,003 $38,190,100 $42,080,197 $45,970,294 Projected Property Tax
Cumulative 1 Percent Tax Levy $304,099 $343,000 $381,901 $420,802 $459,703 City (half-share scenario) $16,421 $18,522 $20,623 $22,723 $24,824 City (full-share scenario) $32,843 $37,044 $41,245 $45,447 $49,648 Projected VLF-Property Tax In Lieu
Total Valuation for Purposes of
VLF-Property Tax In Lieu1 $9,336,233 $13,226,330 $17,116,427 $21,006,524 $24,896,621 Total Annual VLF-Property Tax
In Lieu2 $6,478 $9,177 $11,875 $14,574 $17,273
Chino Valley Fire District Payment (cost to City 's General Fund) City "make whole" payment to
Fire District3 $1,192 $1,345 $1,497 $1,650 $1,802
Notes:

1. See Table 4-2.

2. See Table 4-2.

3. Fire protection for the project area is currently provided by the Chino Valley Fire District, and the District will continue to serve the project area after annexation. Upon annexation, the City will be required to make the Fire District whole to

15.071154% of the 1% property tax. The Fire District’s existing share in this Tax Rate Area is 14.679153%. The difference (0.392001%) is reflected in this analysis as an added General Fund cost to the City.

Source: The Natelson Dale Group, Inc.; Developer; San Bernardino County Assessor, Property Information Management System (PIMS), Year 2022 TaxRoll.
526

CHINO EAST END ANNEXATION AREA (EEAA) AND PHILADELPHIA STREET INDUSTRIAL CENTER (PSIC) DEVELOPMENT: PLAN FOR SERVICE AND FISCAL ANALYSIS
The Natelson Dale Group Inc.
11 Table 2-4 shows the assessed valuation of the Project site as it currently exists (as of Year 2022 Tax Roll).

TABLE 2-4. ESTIMATED EXISTING ASSESSED VALUATION OF ANNEXATION AREA CHINO EEAA AND PSIC: PLAN FOR SERVICE AND FISCAL ANALYSIS Parcel Information Category Values
2022 Assessed Valuation:

EEA PSIC Total
Land $9,830,471 $2,165,840 $11,996,311
Improvement $9,091,362 $191,891 $9,091,362
Exemptions
Homeowner $14,000 $0 $14,000
Special $0 $0 $0
Net Value $18,907,833 $2,357,731 $21,073,673
Acres (per Parcel Map) 43.28 3.20 46.48
Tax Rate Area(s)
61101,
61105,
61102 61102
527

CHINO EAST END ANNEXATION AREA (EEAA) AND PHILADELPHIA STREET INDUSTRIAL CENTER (PSIC) DEVELOPMENT: PLAN FOR SERVICE AND FISCAL ANALYSIS
The Natelson Dale Group Inc.
12 Chapter 3: Public Facilities/Services Before and After Annexation Current and anticipated providers of government services related to annexation of the EEAA are shown on Table 3-1 on the next page. The primary service categories in which the provider will change with annexation are: General Government Services, Community Development, Police, and Health and Welfare. 528

CHINO EAST END ANNEXATION AREA (EEAA) AND PHILADELPHIA STREET INDUSTRIAL CENTER (PSIC) DEVELOPMENT: PLAN FOR SERVICE AND FISCAL ANALYSIS
The Natelson Dale Group Inc.
13 TABLE 3-1. CURRENT AND ANTICIPATED PROJECT SERVICE PROVIDERS CHINO EEAA AND PSIC: PLAN FOR SERVICE AND FISCAL ANALYSIS Service Current Service Provider Anticipated Service Provider General Government Services:

Finance San Bernardino County City of Chino
Human resources San Bernardino County City of Chino
Business registration San Bernardino County City of Chino Community Development:

Planning San Bernardino County City of Chino
Building & safety San Bernardino County City of Chino
Code compliance San Bernardino County City of Chino
Fire and Paramedic Chino Valley Fire District Chino Valley Fire District Sheriff/Police San Bernardino County Sheriff City of Chino Police Department
Library San Bernardino County Library San Bernardino County Library Parks and Recreation:

Local facilities City of Chino City of Chino
Regional facilities San Bernardino County San Bernardino County Animal Control IVHS service area IVHS contract
Street Lighting and Traffic Signals San Bernardino County City of Chino Landscape Maintenance N/A N/A
Water:

Domestic water Monte Vista Water District Monte Vista Water District Recycled water N/A N/A
Irrigation water N/A N/A
Water quality San Bernardino County City of Chino, Public Works, Environmental Division
Sewer Septic City of Chino
Transportation:

Freeways and interchanges Cal Trans Cal Trans
Arterials and collectors
City of Chino (south half of Philadelphia/east
half of East End); County
City / County (centerline of
Philadelphia/East End); City of
Chino (south half of Francis)
Local roads N/A - no existing local roads City of Chino Transit Omnitrans Omnitrans
Flood Control and Drainage:

Local facilities San Bernardino County Flood Control District San Bernardino County Flood Control District
Regional facilities San Bernardino County Flood Control District San Bernardino County Flood Control District
Utilities:

Cable/internet/telephone Time Warner Cable Time Warner Cable Power SCE SCE
Natural gas So Cal Gas So Cal Gas
Schools Chino Valley Unified Chino Valley Unified
Solid Waste Management Waste Management (individual accounts) City of Chino Contract with Waste Management
Health and Welfare San Bernardino County Department of Public Health
San Bernardino County
Department of Public Health
Sources: The Natelson Dale Group, Inc.; Various Websites 529

CHINO EAST END ANNEXATION AREA (EEAA) AND PHILADELPHIA STREET INDUSTRIAL CENTER (PSIC) DEVELOPMENT: PLAN FOR SERVICE AND FISCAL ANALYSIS
The Natelson Dale Group Inc.
14 Chapter 4: City of Chino Fiscal Analysis Assumptions The general approach to conducting the fiscal impact assessment includes the following steps:

1. Establishing baseline population, employment, and similar conditions that apply to the annexing city, including a determination of appropriate city “service populations,” in this case a combination of residents and workers.

2. Compiling data on costs and revenues for relevant categories of city services from budget documents.

3. Determining and applying methods for projecting these costs and revenues within a process appropriate for the analysis of the Project-specific fiscal impacts.

The application of these three steps to this analysis is addressed in the rest of this chapter.

Baseline Population and Employment
Population and employment figures applied to this analysis are shown on Table 4-1. Notes accompanying the table describe the data sources and rationale applied to deriving the relevant figures. 530

CHINO EAST END ANNEXATION AREA (EEAA) AND PHILADELPHIA STREET INDUSTRIAL CENTER (PSIC) DEVELOPMENT: PLAN FOR SERVICE AND FISCAL ANALYSIS
The Natelson Dale Group Inc.
15 TABLE 4-1. CITY POPULATION, HOUSING AND EMPLOYMENT ASSUMPTIONS CHINO EEAA AND PSIC: PLAN FOR SERVICE AND FISCAL ANALYSIS Variable Description Applied values
Population and Housing1
Total population 91,998
Household Population 87,854
Single Family Units 21,337
Multi-Family Units 6,266
Other Units 634
Total Housing Units 28,237
Occupied Housing Units 27,101
Average Citywide Household Size 3.24
Employment
Total Employment in the City2 41,165
Estimated Service Population3
Total Population 87,854
Estimated Effective Employment (at 50 percent of workers) 20,583 Estimated Daily Total Service Population 108,437
Notes:

1. Source is California Department of Finance (DOF), Table 2: E-5 City/County Population and Housing Estimates, 1/1/2022.

2. The total City employment is from the "2022 City of Chino Spatial and Statistical Summary" published by the Southern California Association of Governments (SCAG).

3. The service population consists of the estimated resident population plus 50 percent of workers, to account for the estimated less frequent use of City services by this group.

Sources: The Natelson Dale Group, Inc.; State of California, Department of Finance, E-5 Population and Housing Estimates for Cities, Counties and the State, January 1, 2020-2022, Sacramento, California, May 2022; Southern California Association of Governments (SCAG). 531

CHINO EAST END ANNEXATION AREA (EEAA) AND PHILADELPHIA STREET INDUSTRIAL CENTER (PSIC) DEVELOPMENT: PLAN FOR SERVICE AND FISCAL ANALYSIS
The Natelson Dale Group Inc.
16 City Revenue Data
Table 4-2 shows revenues for relevant line items in the City of Chino Budget, along with the factors that are derived for projecting the annexation area’s potential effects on these revenues.

TABLE 4-2. GENERAL FUND AND OTHER RELEVANT ACCOUNTS, RECURRING REVENUE FACTORS AND PROJECTION FACTORS CHINO EEAA AND PSIC: PLAN FOR SERVICE AND FISCAL ANALYSIS Revenue Source
Chino
Budget
Property Taxes $12,769,537 5.40% of City share of 1% levy Property Taxes $12,769,537 Full share scenario 10.80% of City share of 1% levy VLF - Property Tax In Lieu2 $12,019,000 $694 per $1,000,000 assessed valuation
Property Transfer Tax $750,000 0.0% X $0.55 per $1,000 assessed valuation
Taxable Sales $0.00 per square foot

1.0% of sales tax
Use Tax $4,101,128 12.3% of sales tax
Proposition 172 (Half-Cent
Sales Tax)4 $1,100,000 $29.34 per $1,000 of City sales and use tax Measure I 2010-2040 (HalfCent Sales Tax)5 $2,240,422 $59.76 per $1,000 of City sales and use tax
Franchise Fees $3,342,245 Service Population = 108,437 $30.82 per capita, service population Charges for Services $415,534 Service Population = 108,437 $3.83 per capita, service population Fines and Forfeitures $716,580 Service Population = 108,437 $6.61 per capita, service population Transfers In:

Gas Tax Fund $0 Population = 91,998 $0.00 per capita
General Fund: Transfers
in from Other Funds $4,052,245 Service Population = 108,437 $37.37 per capita, service population $17,323,282,962
$12,019,000
$693.81
$37,490,128
$1,100,000
$29.34
$37,490,128
$2,240,422
$59.76
Annual Projection Factors:

Figures and Units
City sales tax revenue
Use Tax as Percent of Sales Tax
Property Turnover and Valuation
Assumptions
Case Study
Half share scenario
Projection Basis1
Measure I Revenues for 2021-2022

4. See table below for calculation of estimate.

Citywide Sales & Use Tax FY 2021-2022
Proposition 172 Tax

5. See table below for calculation of estimate.

Total City Sales and
Use Tax = $37,490,128
Notes:

1. See Table 4-1 for explanation of service population.

2. See table below for calculation of estimate.

Citywide A.V. FY 2021-2022
VLF In-lieu FY 2021-2022
VLF per $1 million in new AV:

Sales and Use Tax $33,389,000
Citywide Sales & Use Tax FY 2019-2020
Proposition 172 Tax per $1,000 Sales and
Use Tax:

Measure I 2010-2040 Tax per $1,000 of
Sales and Use Tax:

Sources: The Natelson Dale Group, Inc.; City of Chino Projected Budget for Fiscal Year 2021-2022. 532

CHINO EAST END ANNEXATION AREA (EEAA) AND PHILADELPHIA STREET INDUSTRIAL CENTER (PSIC) DEVELOPMENT: PLAN FOR SERVICE AND FISCAL ANALYSIS
The Natelson Dale Group Inc.
17 City Cost Data
Table 4-3 shows costs for relevant line items in the City of Chino Budget, along with the factors that are derived for projecting the annexation area’s potential effects on these costs, for use in a subsequent table.

TABLE 4-3. GENERAL FUND AND OTHER RELEVANT ACCOUNTS, RECURRING COST FACTORS AND PROJECTION FACTORS CHINO EEAA AND PSIC: PLAN FOR SERVICE AND FISCAL ANALYSIS Cost Category Chino
Budget Net Cost1 Projection Basis2 Annual Projection Factors: Figures and Units General
Government3 $51,184,891 $38,388,668 See Table 4-4 17.5% of direct line costs Police
Protection $42,984,745 $40,927,380 Service population = 108,437 $377.43 per service population Community
Services $8,279,109 $8,279,109 Service population = 87,854 $94.24 per capita Development
Services4 $12,085,926 $208,838 Service population = 108,437 $1.93 per service population Public Works:

Street
Maintenance5 $5,151,976 n/a Lane-Miles of Streets = 670 $7,690 per lane-mile Public Works
Administration $294,496 $294,496 Service population = 108,437 $2.72 per service population Notes:

1. Generally, assumed to be the difference between general tax-based funds and funds from other sources.

2. Estimated service population is described in notes on Table 4-1

3. The general government overhead rate is estimated on Table 4-4.

4. Net Development Services costs include reductions for projected one-time revenues. See Appendix Table A-1.

5. Includes Budget figures for Asphalt Maintenance, Residential Street Overlay, ROW maintenance, and Street Sweeping.

Sources: The Natelson Dale Group, Inc.; City of Chino, Fiscal Year 2021-2022 Projected Budget Table 4-4 (on the next page) shows the derivation of the estimate of the general government overhead rate, used to calculate the estimate of the General Government cost factor on Tables 5-3a and 5-3b. 533

CHINO EAST END ANNEXATION AREA (EEAA) AND PHILADELPHIA STREET INDUSTRIAL CENTER (PSIC) DEVELOPMENT: PLAN FOR SERVICE AND FISCAL ANALYSIS
The Natelson Dale Group Inc.
18 TABLE 4-4. CALCULATION OF CITY GENERAL GOVERNMENT OVERHEAD RATE CHINO EEAA AND PSIC: PLAN FOR SERVICE AND FISCAL ANALYSIS Funds
Projected
FY 2021-2022
Expenditures
General
Government
Non-General
Government
General Government
Administration, General Fund Expenditures
Legislative $696,536 $696,536
City Attorney $45,000 $45,000
City Manager $886,559 $886,559
City Clerk $522,407 $522,407
Community Promotion $316,646 $316,646
State of the City $52,217 $52,217
Community Services Corps $7,100 $7,100
Finance Dept. (less payments to Fire District) $5,381,425 $5,381,425 Human Resources Department $77,560 $77,560
Internal Service Funds (Non-General Funds)
610 - Central Services $3,327,339 $3,327,339
630 - Liability Insurance $3,635,079 $3,635,079
640 - Employee Benefits $26,332,109 $26,332,109
650 - Building Management $4,815,231 $4,815,231
660 - Equipment Management $5,089,683 $5,089,683
General Government Total $51,184,891 $51,184,891
All Funds Total $271,143,133
Non-General Government $219,958,242
Current General Government Overhead Rate 23.3%
Adjusted Overhead Rate, at % of total = 75% 17.5%
Overhead Amount $38,388,668
Notes:

1. General government costs for the Project are not expected to increase on a one-to-one basis.

Therefore, an overhead rate adjustment is used, set at 75 percent.

Sources: The Natelson Dale Group, Inc.; City of Chino Projected Budget for Fiscal Year 2021-2022. 534

CHINO EAST END ANNEXATION AREA (EEAA) AND PHILADELPHIA STREET INDUSTRIAL CENTER (PSIC) DEVELOPMENT: PLAN FOR SERVICE AND FISCAL ANALYSIS
The Natelson Dale Group Inc.
19 Chapter 5: Fiscal Impacts of Annexation Area
A summation of the annexation area’s projected annual recurring revenues and costs, for the categories listed above, is shown on Table 5-1 below. Based on the conservative revenue assumptions used in this analysis (as described further below), the annexation area would:
• Generate a small fiscal deficit ($2,200 per year) to the City under the “half share” property tax scenario; and
• Generate a fiscal surplus of $22,600 per year under the “full share” property tax scenario.

TABLE 5-1. SUMMARY OF ANNUAL FISCAL IMPACTS AT BUILDOUT Annual Impact at Buildout
Property Tax Scenario
Half Share Full Share
Total Recurring Revenues $46,842 $71,665
Total Recurring Costs $49,024 $49,024
Annual Recurring Surplus/Deficit -$2,183 $22,641
Source: Table 5-3a and Table 5-3b.

Whereas most revenue sources associated with the project are reasonably predictable based on standard development assumptions, one key revenue item – sales tax – can vary widely for industrial buildings based on the specific tenant type(s) occupying the space. Some industrial businesses generate substantial sales tax revenue (due to “point of sale” business activities) while some industrial tenants generate little or no sales tax. Based on available data, The Natelson Dale Group, Inc. (TNDG) estimates that existing industrial space in the combined Chino/Chino Hills area generates average taxable sales of $32.20 per square foot of building area.3
Given that specific tenants are not currently known for the PSIC or the overall EEAA, it is reasonable to expect that the tenant mix (and therefore the level of sales tax generation) for project would mirror the overall makeup of Chino’s industrial market. However, in order to remain analytically conservative (per direction from City staff), the fiscal analysis assumes that no sales tax revenue would be generated by the proposed project.

Based on estimated industrial sales tax generation in other Inland Empire cities, TNDG believes that it is highly likely that the proposed project would generate significant taxable sales. TNDG estimates industrial 3 This factor was derived from two sources: 1) total taxable sales during Calendar Year 2021 in the “All Other Outlets” (i.e., non-retail) sales category as reported by the California Department of Tax and Fee Administration and 2) total square feet of industrial buildings in Chino/Chino Hills as reported by Kidder Matthews (Q2 2022 industrial “Market Trends” report for the Inland Empire). Specifically, total taxable sales of $1,758,858,921 divided by a total industrial inventory of 54,627,425 square feet equals average taxable sales of $32.20 per square foot. 535

CHINO EAST END ANNEXATION AREA (EEAA) AND PHILADELPHIA STREET INDUSTRIAL CENTER (PSIC) DEVELOPMENT: PLAN FOR SERVICE AND FISCAL ANALYSIS
The Natelson Dale Group Inc.
20 taxable sales PSF in other key Inland Empire sub-markets as follows4 : Corona ($53.24), Fontana ($14.19),
Jurupa Valley ($20.33), Moreno Valley ($8.83), Ontario ($32.38), Perris ($9.12), Rancho Cucamonga ($21.51), Redlands ($7.08), Rialto ($40.77), Riverside ($32.55), and San Bernardino ($16.86). The weighted average for these 12 sub-markets is $25.11 per square foot.

TABLE 5-2. COMPARISON OF NET FISCAL IMPACTS AT BUILDOUT

BY SALES TAX AND PROPERTY TAX SCENARIO
Taxable Sales Assumptions
Property Tax Scenario
Half Share Full Share
No Taxable Sales -$2,183 $22,641
Taxable Sales @ $25.11/square foot $41,573 $66,397
Taxable Sales @ $32.20/square foot $53,928 $78,752
Source: The Natelson Dale Group, Inc. (TNDG).
4 These estimates were derived using the same data sources used for Chino (as described in the previous footnote). 536

CHINO EAST END ANNEXATION AREA (EEAA) AND PHILADELPHIA STREET INDUSTRIAL CENTER (PSIC) DEVELOPMENT: PLAN FOR SERVICE AND FISCAL ANALYSIS
The Natelson Dale Group Inc.
21 TABLE 5-3A. DETAILED PROJECTED RECURRING FISCAL IMPACTS “HALF SHARE” PROPERTY TAX SCENARIO
CHINO EEAA AND PSIC: PLAN FOR SERVICE AND FISCAL ANALYSIS Category
Annexation Area
Year 1 Year 2 Year 3 Year 4 Year 5
% of
Total
(Yr. 5)
General Fund and Relevant Other Accounts, Annual Recurring Revenues Property Taxes $16,421 $18,522 $20,623 $22,723 $24,824 53.0% VLF-Property Tax in Lieu $6,478 $9,177 $11,875 $14,574 $17,273 36.9% Property Transfer Tax $0 $0 $0 $0 $0 0.0%
On-Site Sales and Use Tax $0 $0 $0 $0 $0 0.0%
Proposition 172 Half Cent Sales Tax $0 $0 $0 $0 $0 0.0% Measure I 2010-2040 Half Cent Sales Tax $0 $0 $0 $0 $0 0.0% Franchise Fees $832 $1,089 $1,346 $1,603 $1,860 4.0%
Charges for Services $103 $135 $167 $199 $231 0.5%
Fines $178 $233 $289 $344 $399 0.9%
Transfers In: State Gas Tax $0 $0 $0 $0 $0 0.0%
Transfers In: From Other City Funds $1,009 $1,320 $1,632 $1,943 $2,255 4.8% Total Recurring Revenues $25,022 $30,477 $35,932 $41,387 $46,842 100.0% General Fund and Relevant Other Accounts, Annual Recurring Costs General Government $3,609 $4,165 $4,721 $5,276 $7,017 14.3% Police Protection $10,191 $13,336 $16,481 $19,626 $22,772 46.4% Community Services $660 $660 $660 $660 $660 1.3%
Community Development $52 $68 $84 $100 $116 0.2%
Public Works: Street Maintenance $9,704 $9,704 $9,704 $9,704 $16,494 33.6% Public Works: Other Costs $73 $96 $119 $141 $164 0.3%
Chino Valley Fire District (tax adjustment) $1,192 $1,345 $1,497 $1,650 $1,802 3.7% Total Recurring Costs $25,481 $29,373 $33,265 $37,157 $49,024 100.0% Annual Recurring Surplus/Deficit -$459 $1,104 $2,666 $4,229 -$2,183 Revenue/Cost Ratio 0.98 1.04 1.08 1.11 0.96
Sources: Tables 4-1, 4-2 and 4-3.
537

CHINO EAST END ANNEXATION AREA (EEAA) AND PHILADELPHIA STREET INDUSTRIAL CENTER (PSIC) DEVELOPMENT: PLAN FOR SERVICE AND FISCAL ANALYSIS
The Natelson Dale Group Inc.
22 TABLE 5-3B. DETAILED PROJECTED RECURRING FISCAL IMPACTS “FULL SHARE” PROPERTY TAX SCENARIO
CHINO EEAA AND PSIC: PLAN FOR SERVICE AND FISCAL ANALYSIS Category
Annexation Area
Year 1 Year 2 Year 3 Year 4 Year 5
% of
Total
(Yr. 5)
General Fund and Relevant Other Accounts, Annual Recurring Revenues Property Taxes $32,843 $37,044 $41,245 $45,447 $49,648 69.3% VLF-Property Tax in Lieu $6,478 $9,177 $11,875 $14,574 $17,273 24.1% Property Transfer Tax $0 $0 $0 $0 $0 0.0%
On-Site Sales and Use Tax $0 $0 $0 $0 $0 0.0%
Proposition 172 Half Cent Sales Tax $0 $0 $0 $0 $0 0.0% Measure I 2010-2040 Half Cent Sales Tax $0 $0 $0 $0 $0 0.0% Franchise Fees $832 $1,089 $1,346 $1,603 $1,860 2.6%
Charges for Services $103 $135 $167 $199 $231 0.3%
Fines $178 $233 $289 $344 $399 0.6%
Transfers In: State Gas Tax $0 $0 $0 $0 $0 0.0%
Transfers In: From Other City Funds $1,009 $1,320 $1,632 $1,943 $2,255 3.1% Total Recurring Revenues $41,443 $48,999 $56,554 $64,110 $71,665 100.0% General Fund and Relevant Other Accounts, Annual Recurring Costs General Government $3,609 $4,165 $4,721 $5,276 $7,017 14.3% Police Protection $10,191 $13,336 $16,481 $19,626 $22,772 46.4% Community Services $660 $660 $660 $660 $660 1.3%
Community Development $52 $68 $84 $100 $116 0.2%
Public Works: Street Maintenance $9,704 $9,704 $9,704 $9,704 $16,494 33.6% Public Works: Other Costs $73 $96 $119 $141 $164 0.3%
Chino Valley Fire District (tax adjustment) $1,192 $1,345 $1,497 $1,650 $1,802 3.7% Total Recurring Costs $25,481 $29,373 $33,265 $37,157 $49,024 100.0% Annual Recurring Surplus/Deficit $15,962 $19,626 $23,289 $26,953 $22,641 Revenue/Cost Ratio 1.63 1.67 1.70 1.73 1.46
Sources: Tables 4-1, 4-2 and 4-3.
538

CHINO EAST END ANNEXATION AREA (EEAA) AND PHILADELPHIA STREET INDUSTRIAL CENTER (PSIC) DEVELOPMENT: PLAN FOR SERVICE AND FISCAL ANALYSIS
The Natelson Dale Group Inc.
23 Chapter 6: Project One-Time Fees and Charges
Table 6-1 below provides a preliminary estimate of one-time development impact fees that the EEAA annexation would generate for the City of Chino and the Chino Valley Unified School District.

TABLE 6-1. ONE-TIME IMPACT AND OTHER DEVELOPMENT FEE PAYMENTS CHINO EEAA AND PSIC: PLAN FOR SERVICE AND FISCAL ANALYSIS Impact Fees
Unit
Measure Price Quantity Amount
City of Chino
Law Enforcement Facilities, Industrial Square feet $0.05 160,000 $8,000 Fire Protection Facilities, Industrial Square feet $0.04 160,000 $6,400 Circulation (Streets, Signals and Bridges) System Square feet $2.31 160,000 $369,600 Storm Drain Collection, Industrial Square feet $0.52 160,000 $83,200 Water Storage and Distribution, Industrial1 Square feet $0.54 160,000 $86,400 Sewage Collection System, Industrial Square feet $0.10 160,000 $16,000 General Facilities, Industrial Square feet $0.06 160,000 $9,600 Public Use Facilities, Industrial Square feet $0.00 160,000 $0 Capital Impact Administration Charge Percentage 12% $69,504 School Fee
Chino Valley Unified School District Square feet $0.64 160,000 $102,400 Total, Impact Fees $751,104
539

CHINO EAST END ANNEXATION AREA (EEAA) AND PHILADELPHIA STREET INDUSTRIAL CENTER (PSIC) DEVELOPMENT: PLAN FOR SERVICE AND FISCAL ANALYSIS
The Natelson Dale Group Inc.
24 Appendix A: Supporting Fiscal Documentation
TABLE A-1. GENERAL FUND NET COMMUNITY DEVELOPMENT COST FACTORS CHINO EEAA AND PSIC: PLAN FOR SERVICE AND FISCAL ANALYSIS Category Amount
A. DEVELOPMENT SERVICES
Total Development Services Expenditures $12,085,926
One-Time Processing Fees/Permits:

Building Permits/Code Enforcement Fees $4,976,645
Planning Fees $818,898
Development Fees/Permits $6,081,545
Total One-Time Revenues $11,877,088
Recurring Net Community Development Costs $208,838
Service Population1 108,437
Citywide Net Cost Factor per Service Population for Community Development $1.93 B. PUBLIC WORKS ADMINISTRATION
Public Works Administration $294,496
Service Population1 108,437
Citywide Net Cost Factor per Service Population for Other Public Works $2.72 Note:

1. See Table 4-1.

Sources: The Natelson Dale Group, Inc.; City of Chino Projected Budget for Fiscal Year 2021-2022. 540
541
542
543
544
Responses to Comments
Philadelphia Street Industrial Development Site
and East End Annexation Project
Chino, San Bernardino County, California
Prezone and Annexation (PL 20-0003)
Site Approval and Design Review (PL 20-0004)
Tentative Parcel Map No. 20174 (PL 20-0005)
Lead Agency:

City of Chino
13220 Central Avenue
Chino, California 91710
August 2023
545
9/12/23 (T:\DS\CD Council & Agency Agenda Items\2023 Meetings\10-03-2023\East End Annexation\Attachments to Staff Report\Appeal Application_Philadelphia Industrial Development & East End Annexation_Public Comment Matrix.docx) 2 The primary objective and purpose of the Initial Study/Mitigated Negative Declaration (IS/MND) public review process is to obtain comments on the adequacy of the analysis of environmental impacts, the mitigation measures presented, and other analyses contained in the Initial Study prepared by the City of Chino (City). The California Environmental Quality Act (CEQA) requires that the City decision makers consider the comments received during the public review of the IS/MND prior to carrying out or approving the project (CEQA Guidelines Section 15074[b]). Comments that do not directly relate to the analysis in the Initial Study (i.e., are outside the scope of this document) or that do not include facts, reasonable assumptions predicated upon facts, and/or expert opinion supported by facts are not given specific responses; however, all comments are included in this section so that the decision makers may know the opinions of the commenter(s).

The Philadelphia Street Industrial Development Site and East End Annexation Project IS/MND was circulated for public and agency review for a 20-day period from June 28 to July 18, 2023. A comment letter from Lozeau Drury LPP dated July 18, 2023 was received by the City of Chino Planning Division and, along with responses, was forwarded with the IS/MND to the Chino Planning Commission for consideration on July 19, 2023.

On July 19, 2023, City of Chino Planning Division recommended the Chino Planning Commission:
(1) adopt Planning Commission Resolution No. PC2023-021, recommending that the City Council adopt a Mitigated Negative Declaration (MND) for the Philadelphia Street Industrial Development Project and East End Annexation;
(2) Adopt Planning Commission Resolution PC2023-022, recommending the City Council approve PL20-0003 (Prezone/Annexation) in conjunction with the proposed annexation of the East End Avenue Annexation site, based on the findings listed in Planning Commission Resolution No. PC2023-022; and
(3) Adopt Planning Commission Resolution No. PC2023-023, conditionally approving PL20- 0004 (Site Approval) and PL20-0005 (Tentative Parcel Map No. 20174), based upon the findings and subject to the departmental conditions of approval.

On July 19, 2023, the Planning Commission voted 4-3 in favor of the three actions listed above.

On July 27, 2023, the Supporters Alliance for Environmental Responsibility (SAFER), represented by Lozeau Drury LLP, submitted an Appeal Application to City Staff appealing the Planning Commission’s July 19, 2023 decision to approve PL20-0004 (Site Approval) and PL20-0005 (Tentative Parcel Map No. 20174) for the project.

In order to provide the City Council with additional information upon which to base their decision whether to approve or deny the proposed project, City Staff has responded to the comments received by SAFER. The comment letter is labeled “Comment Letter A” with each individual comment identified by a number. The responses are provided following each letter. All written comments along with the City’s responses are attached and have been made a part of the public record.

Neither the comments nor the following responses to comments constitute “significant new information” (State CEQA Guidelines Section 15073.5) that would require recirculation of the IS/MND or the preparation of an Environmental Impact Report. 546
T:\DS\CD Council & Agency Agenda Items\2023 Meetings\10-03-2023\East End Annexation\Attachments to Staff Report\Appeal Application_Philadelphia Industrial Development & East End Annexation_Public Comment 3 Matrix.docx (09/12/23)
Philadelphia Street Industrial Development Site and East End Annexation Project August 2023 Response to the Appeal Application from the Supporters Alliance for Environmental Responsibility Comment
Letter
Comment
Number Comment Response
A
A-1
Specific Action or decision which is being appealed: The Supporters Alliance for Environmental Responsibility
(SAFER), represented by Lozeau Drury LLP, appeals the
Planning Commission’s July 19, 2023 decision to approve PL20-0004 (Site Approval) and PL20-0005 (Tentative
Parcel Map No. 20174) for the project.

Specific grounds for the appeal, and the relief requested is as follows: SAFER objects to the county’s [sic] reliance on the MND for the Project. The MND fails to adequately analyze and fully mitigate the Project’s environmental
impacts under CEQA. In addition, adoption of Planning
Commission Resolution No. PC2023-023 prior to the City
Council’s review and adoption of the MND violates CEQA.

An agency may not approve a project until after it
considers a proposed mitigated negative declaration
together with any comments received during the public
review process. See attached letter.

City staff received the appeal application dated
July 27, 2023 from Lozeau Drury LLP on behalf of
Supporters Alliance for Environmental
Responsibility (“SAFER”). The attached letter
referred to in the appeal application is the same
letter received by the Chino Planning Division on
July 18, 2023.

SAFER’s objections in the appeal application are
addressed in the City’s responses to SAFER’s
comment letter dated July 18, 2023 received by
the Chino Planning Division in responses A-2
through A-8 below.

This comment does not identify any specific
environmental effect or provide any substantial
evidence pursuant to State CEQA Guidelines
Section 15384 that new significant environmental
issues or impacts that were not already addressed
in the Initial Study/Mitigated Negative Declaration
(IS/MND) would occur. Neither this comment nor
the response constitutes new information
requiring recirculation of the IS/MND. No change
in the text of the IS/MND is required.

A-2
This comment is submitted on behalf of Supporters
Alliance for Environmental Responsibility (“SAFER”)
regarding the Philadelphia Street Industrial Development and East End Annexation Project (PL20-0003, PL20-0004,
PL20-0005) and the related Initial Study and Mitigated
Negative Declaration (“MND”) (“Project”).

The City of Chino acknowledges receipt of a
comment letter dated July 18, 2023 submitted on
behalf of SAFER regarding the Philadelphia Street
Industrial Development and East End Annexation
Project (PL20-0003, PL20-0004, PL20-0005) and
the related Initial Study and Mitigated Negative
547
9/12/23 (T:\DS\CD Council & Agency Agenda Items\2023 Meetings\10-03-2023\East End Annexation\Attachments to Staff Report\Appeal Application_Philadelphia Industrial Development & East End Annexation_Public Comment Matrix.docx) 4
Philadelphia Street Industrial Development Site and East End Annexation Project August 2023 Response to the Appeal Application from the Supporters Alliance for Environmental Responsibility Comment
Letter
Comment
Number Comment Response
Declaration (“MND”) (“Project”). Neither this
comment nor the response constitutes new
information requiring recirculation of the IS/MND.

No change in the text of the IS/MND is required.

A-3
Based on our initial review, the MND fails to adequately analyze and fully mitigate the Project’s environmental
impacts under the California Environmental Quality Act
(“CEQA”). SAFER requests that an environmental impact
report (“EIR”) be prepared for the Project rather than an MND to ensure that potentially significant impacts of this Project are fully disclosed, analyzed, and mitigated. SAFER requests that the Planning Commission refrain from any
consideration of the Project until an EIR is prepared as required by CEQA.

The commenter’s opinion that the MND fails to
adequately analyze and fully mitigate the Project’s
environmental impacts under the California
Environmental Quality Act (“CEQA”) and that an
Environmental Impact Report (EIR) should be
prepared for the project to ensure that potentially
significant impacts of the project are fully
disclosed, analyzed, and mitigated is noted.

However, this comment does not identify any
specific environmental effect or provide any
substantial evidence pursuant to State CEQA
Guidelines Section 15384 that new significant
environmental issues or impacts that were not
already addressed in the IS/MND would occur.

Neither this comment nor the response
constitutes new information requiring
recirculation of the IS/MND. No change in the text
of the IS/MND is required.

A-4
In addition, adoption of Planning Commission Resolution No. PC2023-023 prior to the City Council’s review and
adoption of the MND would violate CEQA. An agency may
not approve a project until after it considers a proposed mitigated negative declaration together with any
comments received during the public review process. (14 C.C.R. § 15074(b); Pub. Res. Code § 21091(f); Citizens for Responsible Government v. City of Albany (1997) 56
The commenter’s opinion that adoption of
Planning Commission Resolution No. PC2023-023
prior to the City Council’s review and adoption of
the MND would violate CEQA is noted. Land use
entitlements in the City are typically approved by
the planning commission. However, the final
approving body for the Prezone and Annexation
(PL 20-0003) will be the Chino City Council.
548
9/12/23 (T:\DS\CD Council & Agency Agenda Items\2023 Meetings\10-03-2023\East End Annexation\Attachments to Staff Report\Appeal Application_Philadelphia Industrial Development & East End Annexation_Public Comment Matrix.docx) 5
Philadelphia Street Industrial Development Site and East End Annexation Project August 2023 Response to the Appeal Application from the Supporters Alliance for Environmental Responsibility Comment
Letter
Comment
Number Comment Response
Cal.App.4th 1199.) Even though additional approvals may be required, CEQA review is required prior to the first agency approval of a project, when the agency commits
itself to a definite course of action. (Save Tara v. City of West Hollywood (2008) 45 Cal. 4th 116, 137-138).

Accordingly, the Chino Planning Commission acts
as a recommending body that would review the
proposed project, including the IS/MND,
supporting technical environmental studies, and
public comments received during the public review
period, and recommend either that the Prezone
and Annexation (PL 20-0003) and supporting CEQA
documents be heard by the City Council for
approval, be denied and not herd by the City
Council, or the planning commission may request a
continuance for additional information to be
considered prior to making a recommendation.

Adoption of Planning Commission Resolution No.

PC2023-023 would be contingent on City Council
approval of Prezone and Annexation (PL 20-0003)
and supporting CEQA documents.

This comment does not identify any specific
environmental effect or provide any substantial
evidence pursuant to State CEQA Guidelines
Section 15384 that new significant environmental
issues or impacts that were not already addressed
in the IS/MND would occur. Neither this comment
nor the response constitutes new information
549
9/12/23 (T:\DS\CD Council & Agency Agenda Items\2023 Meetings\10-03-2023\East End Annexation\Attachments to Staff Report\Appeal Application_Philadelphia Industrial Development & East End Annexation_Public Comment Matrix.docx) 6
Philadelphia Street Industrial Development Site and East End Annexation Project August 2023 Response to the Appeal Application from the Supporters Alliance for Environmental Responsibility Comment
Letter
Comment
Number Comment Response
requiring recirculation of the IS/MND. No change
in the text of the IS/MND is required.

A-5
Resolution PC2023-023 would approve PL20-0004 (Site
Approval) and a PL20-0005 (Tentative Parcel Map No.
20174). Site approval and approval of the tentative map are actions that significantly further the Project in a manner that forecloses mitigation measures that would
ordinarily be part of CEQA review for the Project. (See, 14 CCR 15004(b)(2)(B); Save Tara v. City of W. Hollywood, 45 Cal. 4th 116, 138, 194 P.3d 344, 360 (2008), as modified (Dec. 10, 2008).)
The commenter’s opinion that site approval and
approval of the tentative map are actions that
significantly further the Project in a manner that
forecloses mitigation measures that would
ordinarily be part of CEQA review for the Project is
noted. However, the Philadelphia Street Industrial
Development Site and East End Annexation Project
IS/MND that was circulated for public and agency
review for a 20-day period from June 28 to July 18,
2023 included as Appendix J a Mitigation
Monitoring and Reporting Program (MMRP)
prepared for use in implementing mitigation for
the proposed Prezone and Annexation (PL 20-
0003), Site Approval (PL 20-0004), and Tentative
Parcel Map No. 20174 (PL 20-0005).

Land use entitlements in the City are typically
approved by the planning commission. However, t
the final approving body for the Prezone and
Annexation (PL 20-0003) will be the Chino City
Council. Accordingly, the Chino Planning
Commission acts as a recommending body that
would review the proposed project, including the
IS/MND, supporting technical environmental
studies, and public comments received during the
public review period, and recommend either that
the Prezone and Annexation (PL 20-0003) and
supporting CEQA documents be heard by the City
Council for approval, be denied and not herd by
550
9/12/23 (T:\DS\CD Council & Agency Agenda Items\2023 Meetings\10-03-2023\East End Annexation\Attachments to Staff Report\Appeal Application_Philadelphia Industrial Development & East End Annexation_Public Comment Matrix.docx) 7
Philadelphia Street Industrial Development Site and East End Annexation Project August 2023 Response to the Appeal Application from the Supporters Alliance for Environmental Responsibility Comment
Letter
Comment
Number Comment Response
the City Council, or the planning commission may
request a continuance for additional information
to be considered prior to making a
recommendation. Adoption of Planning
Commission Resolution No. PC2023-023 would be
contingent on City Council approval of Prezone
and Annexation (PL 20-0003) and supporting CEQA
documents.

This comment does not identify any specific
environmental effect or provide any substantial
evidence pursuant to State CEQA Guidelines
Section 15384 that new significant environmental
issues or impacts that were not already addressed
in the IS/MND would occur. Neither this comment
nor the response constitutes new information
requiring recirculation of the IS/MND. No change
in the text of the IS/MND is required.

A-6
In contrast to its approval of the Site Plan and Tentative Map, the Planning Commission will act merely as an
advisory agency when reviewing the MND. The
Commission will only make a recommendation to the
Chino City Council on whether it should adopt an MND for the Project. (See Planning Commission Resolution No.

The commenter’s opinion that the Planning
Commission will act merely as an advisory agency
when reviewing the MND and will only make a
recommendation to the Chino City Council on
551
9/12/23 (T:\DS\CD Council & Agency Agenda Items\2023 Meetings\10-03-2023\East End Annexation\Attachments to Staff Report\Appeal Application_Philadelphia Industrial Development & East End Annexation_Public Comment Matrix.docx) 8
Philadelphia Street Industrial Development Site and East End Annexation Project August 2023 Response to the Appeal Application from the Supporters Alliance for Environmental Responsibility Comment
Letter
Comment
Number Comment Response
PC2023-021.) Members of the public will then have the
opportunity to comment on the adequacy of the MND at
the City Council meeting, and the CEQA requires the City Council consider any public comments made.
whether it should adopt an MND for the Project is
noted.

Land use entitlements in the City are typically
approved by the planning commission. However,
the final approving body for the Prezone and
Annexation (PL 20-0003) will be the Chino City
Council. Accordingly, the Chino Planning
Commission acts as a recommending body that
would review the proposed project, including the
IS/MND, supporting technical environmental
studies, and public comments received during the
public review period, and recommend either that
the Prezone and Annexation (PL 20-0003) and
supporting CEQA documents be heard by the City
Council for approval, be denied and not herd by
the City Council, or the planning commission may
request a continuance for additional information
to be considered prior to making a
recommendation. Adoption of Planning
Commission Resolution No. PC2023-023 would be
contingent on City Council approval of Prezone
and Annexation (PL 20-0003) and supporting CEQA
documents.

The Philadelphia Street Industrial Development
Site and East End Annexation Project IS/MND that
was circulated for public and agency review for a
20-day period from June 28 to July 18, 2023, which
includes the MMRP, constitutes the requisite
CEQA review prior to the first agency
recommendation or approval of the project.
552
9/12/23 (T:\DS\CD Council & Agency Agenda Items\2023 Meetings\10-03-2023\East End Annexation\Attachments to Staff Report\Appeal Application_Philadelphia Industrial Development & East End Annexation_Public Comment Matrix.docx) 9
Philadelphia Street Industrial Development Site and East End Annexation Project August 2023 Response to the Appeal Application from the Supporters Alliance for Environmental Responsibility Comment
Letter
Comment
Number Comment Response
This comment does not identify any specific
environmental effect or provide any substantial
evidence pursuant to State CEQA Guidelines
Section 15384 that new significant environmental
issues or impacts that were not already addressed
in the IS/MND would occur. Neither this comment
nor the response constitutes new information
requiring recirculation of the IS/MND. No change
in the text of the IS/MND is required.

A-7
Since the MND will not be adopted, if at all, until a
forthcoming City Council meeting, the Planning
Commission cannot approve any portion of the Project at its July 19, 2023 meeting, prior to the City Council’s
adoption of the MND.

The commenter’s assertion that the Planning
Commission cannot approve any portion of the
Project at its July 19, 2023 meeting, prior to the
City Council’s adoption of the MND is noted.

Adoption of Planning Commission Resolution No.

PC2023-023 would be contingent on City Council
approval of Prezone and Annexation (PL 20-0003)
and supporting CEQA documents.

This comment does not identify any specific
environmental effect or provide any substantial
evidence pursuant to State CEQA Guidelines
Section 15384 that new significant environmental
issues or impacts that were not already addressed
553
9/12/23 (T:\DS\CD Council & Agency Agenda Items\2023 Meetings\10-03-2023\East End Annexation\Attachments to Staff Report\Appeal Application_Philadelphia Industrial Development & East End Annexation_Public Comment Matrix.docx) 10
Philadelphia Street Industrial Development Site and East End Annexation Project August 2023 Response to the Appeal Application from the Supporters Alliance for Environmental Responsibility Comment
Letter
Comment
Number Comment Response
in the IS/MND would occur. Neither this comment
nor the response constitutes new information
requiring recirculation of the IS/MND. No change
in the text of the IS/MND is required.

A-8
SAFER reserves the right to supplement this comment
throughout the administrative process. Galante Vineyards v. Monterey Peninsula Water Management Dist. 60 Cal.

App. 4th 1109, 1121 (1997).

The City of Chino acknowledges that the
commenter reserves the right to further
supplement this comment throughout the
administrative process.

This comment does not question the content or
conclusions of the IS/MND or identify any new
significant environmental issues or impacts that
were not already addressed in the IS/MND.

Neither this comment nor the response
constitutes new information requiring
recirculation of the IS/MND. No change in the text
of the IS/MND is required.
554
RESOLUTION NO. 2023-056

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO,

CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION
FOR THE ANNEXATION/PREZONE (PL20-0003), SITE APPROVAL
(PL20-0004) AND TENTATIVE PARCEL MAP NO. 20174 (PL20-0005)

FOR THE PHILADELPHIA STREET INDUSTRIAL DEVELOPMENT
PROJECT AND EAST END ANNEXATION.

WHEREAS, in compliance with the California Environmental Quality Act (CEQA), LSA Associates, Inc. has prepared the Philadelphia Street Industrial Development Project and East End Annexation Mitigated Negative Declaration (MND), dated June 2023 for PL20-0003 (Prezone/Annexation), PL20-0004 (Site Approval), and PL20-0005 (Tentative Parcel Map No. 20174) (“Project”). The MND concludes the proposed Project will not have a significant adverse effect on the environment. Potentially significant effects were identified, and mitigation measures have been incorporated to ensure the effects remain at less than significant levels. The MND satisfies the requirements of the California Environmental Quality Act (CEQA) and the CEQA Guidelines (California Public Resources Code §§21000 et seq.; 14 Cal. Code Regs. §§ 15000 et seq.); and WHEREAS, the MND was circulated for a 20-day public review period from June 28, 2023 to July 18, 2023; and
WHEREAS, the proposed Project consists of a Prezone/Annexation, Site Approval and Tentative Parcel Map for properties generally located south of Francis Avenue, west of East End Avenue, north of Philadelphia Street, and a small portion south of Philadelphia Street (APNs: 1013-261-17, 1013-271-01, -10, -11, -06, -13, -14, 1013-521-04, -05, -11, -14, -15, -16, -18, 1013-531-04, -07, 1016-011-02, -03, -05, -06, -08, -09, -10, & -15) as fully described in Exhibits “A” and “B”; and WHEREAS, on July 19, 2023, prior to consideration and possible approval of the PL20-0004 (Site Approval) and PL20-0005 (Tentative Parcel Map No. 20174), the Planning Commission has considered the proposed MND and any comments received during the public review process for the Project; and
WHEREAS, the Planning Commission held a duly noticed public hearing in compliance with the law on July 19, 2023, entertained the written and oral report of staff, took public testimony on the proposed Project, including the draft MND, adopted Resolution No. PC2023-023, conditionally approved the Site Approval (PL20-0004) and Tentative Parcel Map (PL20-0005), adopted Resolution No. PC2023-022, recommending that the City Council approve the Prezone/Annexation (PL20-0003), and adopted Resolution No. PC2023-021, recommending the City Council adopt the MND for the Project, on a vote of 4 ayes to 3 nays; and WHEREAS, a notice was published in the Chino Champion newspaper on September 23, 2023, advising the public of a public hearing scheduled before the City Council on October 3, 2023, to consider the Project, the Planning Commission’s recommendation to approve the Prezone/Annexation (PL20-0003) and adoption of the 555
RESOLUTION NO. 2023-056

Page 2 of 4 ends

MND, and to deny the appeal of the Planning Commission’s action, conditionally approving the Site Approval (PL20-0004) and Tentative Parcel Map (PL20-0005); and WHEREAS, on October 3, 2023, the City Council held a duly noticed public hearing for the Project in compliance with law, entertained the written and oral report of staff, and took public testimony on the Project, including the proposed MND.

NOW, THEREFORE, the City Council of the City of Chino, California, does hereby FIND, DETERMINE, and RESOLVE as follows:

A. The foregoing recitals are true and correct and incorporated herein.

B. Based on substantial evidence, both written and oral, from the public hearing conducted before the Planning Commission, and the public hearing conducted before the City Council, the City Council makes the following findings and takes the following actions on the MND:

1. The City Council has considered and acted on the proposed MND and has complied with any comments received and considered during the public review process, prior to its consideration of the Project’s applications.

2. Based upon the independent judgement of the City Council, the MND is found and determined to have been completed in compliance with CEQA and is adequate for this proposed Project. The MND is further found and determined to be consistent with the Chino General Plan.

3. Based upon the independent judgment of the City Council, the MND is found and determined to have demonstrated that the Project, if approved by the City Council, will have no significant effect on the environment. Potentially significant effects have been identified and mitigation measures have been incorporated to ensure these effects remain less-than-significant levels.

4. Based on the above the independent judgement of the City Council, the MND is found and determined to have satisfied the requirements of CEQA and the CEQA Guidelines (California Public Resources Code §§ 21000 et seq.; 14 Cal. Code Regs. §§ 15000 et seq.). A draft Mitigation Monitoring and Reporting Program (MMRP) has been prepared to ensure effective implementation and enforcement of all adopted mitigation measures for the Project and incorporated herein by this reference (Exhibit “C”).

5. The documents and other materials which constitute the record of proceedings upon which adoption of this resolution is based are in the custody of the City of Chino, Development Services Department, Planning Division, 13220 Central Avenue, Chino, CA 91710.

6. Based upon the independent judgment of the City Council, the City Council hereby adopts the Philadelphia Street Industrial Development Site and East 556
RESOLUTION NO. 2023-056

Page 3 of 4 ends

End Annexation Project Initial Study/Mitigated Negative Declaration, dated June 2023, prepared by LSA Associates for PL20-0003 (Prezone/Annexation), PL20-0004 (Site Approval) and PL20-0005 (Tentative Parcel Map No. 20174).

7. Based upon the independent judgement of the City Council, the City Council hereby adopts the MMRP set forth in Exhibit “C” for the Project, and incorporated herein, in order to mitigate or avoid significant effects on the environment and further recommends that the same as included in all action(s) on the Project by either the Planning Commission or the City Council. Such MMRP, including Project specific mitigation measures identified in the MND are attached and are also attached to the Project’s Conditions of Approval identified as Exhibit “D” in Planning Commission Resolution No. PC2023-023.

8. The City Council respectfully accepts the recommendation of the Planning Commission and, by this resolution, hereby adopts the MND and the MMRP of the Project.

9. The City Clerk is hereby directed to certify as to the adoption of this Resolution as of the date set forth below and forthwith transmit a certified copy of this Resolution, by certified mail, to the Applicant at the address of record set forth in the Application.

PASSED, APPROVED AND ADOPTED THIS 3
RD DAY OF OCTOBER 2023.

EUNICE M. ULLOA, MAYOR
ATTEST:

NATALIE GONZAGA, CITY CLERK
557
RESOLUTION NO. 2023-056

Page 4 of 4 ends

State of California )
County of San Bernardino ) §
City of Chino )
I, Natalie Gonzaga, City Clerk of the City of Chino, do hereby certify the foregoing Resolution was duly adopted by the Chino City Council at a regular meeting held on the 3 rd day of October
2023 by the following votes:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

NATALIE GONZAGA, CITY CLERK
Attachments:

Exhibit “A” – Annexation Map and Legal Description
Exhibit “B” – Proposed Prezone Map
Exhibit “C” – Mitigation Monitoring and Reporting Program (MMRP) Exhibit “D” – Planning Commission Resolution No. PC2023-023 558
HUITT-ZOLLARS, INC.  2603 Main Street  Suite 400  Irvine, CA 92614-4250  949.988.5815 phone  949.988.5820 fax  huitt-zollars.com Q:\R310158.01\02 Management\02.10 Legals\City of chino Annexation R310158.01
6-16-2023
EXHIBIT “A”
LAFCO _______
Reorganization to Include Annexation to the City of Chino and Detachment from County Service Area 70
Those portion of Lots 28, 37, 38, 43, 44, 53, 54, 59 and 60 in Section 33, Township 1 South, Range 8 West, San Bernardino Meridian; together with Lot 5 in Section 4, in Township 2 South, Range 8 West, San Bernardino Meridian, of Rancho Santa Ana Del Chino, in the County of San Bernardino, State of California, as filed in Book 6, Page 15, records of said County and State, more particularly described as follows:

Course 1: Beginning at the centerline intersection of Philadelphia Avenue and East End Avenue, thence South 0°00'42" East along the centerline of said East End Avenue, a distance of 660.02 feet to the Southeasterly corner of said lot 5 as shown on Parcel Map 8923, in the City of Chino, County of San Bernardino, State of California, filed in Book 97, Pages 37 and 38, inclusive, of Parcel Maps, in said office of the County Recorder, Course 2: Thence North 89°56'18" West along the Southerly line of said Lot 5, a distance of 660.00 feet to the Southwest corner of said lot 5 as shown on said Parcel Map 8923; Course 3: Thence North 0°00'42" West along Westerly line of said Lot 5, a distance of 660.18 feet to the centerline of Philadelphia Avenue as shown on said Parcel Map 8923; Course 4: Thence North 89°55'27" West along said centerline of Philadelphia Avenue, a distance of 133.82 feet to the beginning of a curve concave Northeasterly having a radius of 1000.00 feet as shown on Parcel Map 15226, in the Unincorporated Territory of San Bernardino, State of California, filed in Book 189, Pages 30 and 31, inclusive, of Parcel Maps, in said office of the County Recorder.

Course 5: Thence continuing along said centerline Westerly 339.63 feet along said curve through a central angle of 19°27'33" to the Boundary Line of the County of San Bernardino as shown on said Parcel Map 15226;
Course 6: Thence non-tangent North 8°39'39" East along said County Boundary, a distance of 625.47 feet to the Southwesterly corner of said Parcel Map 15226; Course 7: Thence leaving said County boundary North 88°49'21" East along the Southerly line of said Parcel Map 15226, a distance of 327.31 feet to the Southeasterly corner of said Parcel Map 15226, said corner also being a point on West line of the San Antonio Creek Channel per grant deed to San Bernardino County Flood Control District, Book 7191, Page 916, of Official Records as shown on said Parcel Map 8923; 559
EXHIBIT A R310158.01
LEGAL DESCRIPTION-CONTINUED 6-16-2023
PAGE 2
Course 8: Thence North 1°51'43" East along said West line of the San Antonio Creek Channel, a distance of 1628.61 feet to said Boundary Line of the County of San Bernardino as shown on said Parcel Map 15226;
Course 9: Thence North 17°10'41" East along said Boundary line, a distance of 530.64 feet to the centerline of Francis Avenue being a point on a curve concave Southwesterly having a radius of 450.00 feet as shown on Record of Survey 97-0079 filed in Book 109,

Page 19 ends

curve to said point being North; 15°54'43";
Course 10: Thence Easterly 129.54 feet along said centerline and said curve through a central angle of 16°29'38" as shown on said Record of Survey 97-0079; Course 11: Thence continuing along said centerline South 57°35'39" East, a distance of 106.10 feet to the beginning of a curve concave Northeasterly having a radius of 450.00 feet as shown on said Record of Survey 97-0079;
Course 12: Thence continuing along said centerline Easterly 254.24 feet along said curve through a central angle of 32°22'14" as shown on said Record of Survey 97-0079; Course 13: Thence continuing along said centerline South 89°57'53" East, a distance of

48.18 feet to the intersection of Francis Avenue and East End Avenue; Course 14: Thence South 0°00'48" West along the centerline of East End Avenue, a distance of 2,638.59 feet to the Point of Beginning.

Containing an area of 57.60 acres, more or less.

As shown on Exhibit B attached hereto and by this reference made a part hereof.

Subject to covenants, conditions, reservations, restrictions, right-of-way and easements, if any, of record.

Prepared by me or under my direct supervision:
___________________________________
DAVID W. MACKEY, PLS 8912
560
561
562
563
¯ LEGEND
Proposed Development
Proposed Annexation
Current City Boundary
Zoning Designations
Light Industrial (M1)
General Industrial (M2)

PROPOSED PREZONE
Date: 6/21/2023
E
A
S
T
E
N
D
AV
E

FRANCIS AVE

PHILADELPHIA ST
M1
M2
564

MITIGATION MONITORING AND REPORTING PROGRAM

PHILADELPHIA STREET INDUSTRIAL DEVELOPMENT SITE

AND EAST END ANNEXATION PROJECT
Mitigation Monitoring and Reporting Program 1
This Mitigation Monitoring and Reporting Program has been prepared for use in implementing mitigation for the:

This Mitigation Monitoring and Reporting Program includes mitigation identified in the MND.

MITIGATION MONITORING AND REPORTING PROGRAM

PHILADELPHIA STREET INDUSTRIAL DEVELOPMENT SITE

AND EAST END ANNEXATION PROJECT
Mitigation Monitoring and Reporting Program 2

THIS PAGE INTENTIONALLY LEFT BLANK
566

MITIGATION MONITORING AND REPORTING PROGRAM

PHILADELPHIA STREET INDUSTRIAL DEVELOPMENT SITE AND EAST END ANNEXATION PROJECT Mitigation Monitoring and Reporting Program 3

MITIGATION MONITORING AND REPORTING PROGRAM CHECKLIST
Project Name: Philadelphia Street Industrial Development Site and East End Annexation Project Applicant: Golden Management Services, Inc.

Date: March 6, 2023
Mitigation Measure No. / Implementing Action
Responsible
for
Monitoring Timing of Verification Method of Verification Verified
Date/
Initials
Sanctions for
NonCompliance

BIOLOGICAL RESOURCES
MITIGATION MEASURE BIO-1: If demolition or ground
disturbance is proposed during nesting bird season (February 15 to August 31), a pre-construction nesting survey shall be conducted by a qualified biologist (Project Biologist) within 72 hours prior to start of work pursuant to Sections 3503– 3801 of the California Fish and Game Code. If the survey indicates nesting birds are present, an appropriate buffer to be established by the project Biologist shall be marked off around the nest(s), and no demolition or construction activity shall occur in that area during nesting activities. Demolition and/or construction may resume within the established
buffer when the project Biologist determines the nest is no longer occupied and all juveniles have left the nest. This measure shall be implemented to the satisfaction of the City of Chino Development Services Director or designee.

City of Chino
Director of
Development
Services, or
designee.

Prior to issuance of
grading permit, prior to
the commencement of
demolition and ground
disturbance activities,
and during construction.

Evidence to the City a
qualified biologist is retained,
the required pre-construction
survey has been completed,
and, if necessary, appropriate
buffers are established and
monitored until the nesting
effort is finished.

Withhold
grading permit
or issuance of
a stop work
order.

CULTURAL RESOURCES
MITIGATION MEASURE CUL-1: Prior to issuance of grading
permits, the City of Chino (City) shall verify that the following note is included on all grading plans:
“If archaeological resources are discovered during grounddisturbing activities, all activity within 100 feet of the discovery shall be halted, and the City shall be notified.

Notification shall be made within 24 hours of any such
discovery. If the resources are determined to be of precontact (i.e., Native American) origin, all Native American tribes who have expressed an interest in the project
City of Chino
Director of
Development
Services, or
designee.

Prior to issuance of
grading permit.

Evidence to the City
archaeological discovery note
is included in the grading
plans.

Withhold
grading permit
or issuance of
a stop work
order.
567

MITIGATION MONITORING AND REPORTING PROGRAM

PHILADELPHIA STREET INDUSTRIAL DEVELOPMENT SITE AND EAST END ANNEXATION PROJECT Mitigation Monitoring and Reporting Program 4
Project Name: Philadelphia Street Industrial Development Site and East End Annexation Project Applicant: Golden Management Services, Inc.

Date: March 6, 2023
Mitigation Measure No. / Implementing Action
Responsible
for
Monitoring Timing of Verification Method of Verification Verified
Date/
Initials
Sanctions for
NonCompliance
through the Assembly Bill 52 process pursuant to California Public Resources Code Section 21080.3.2 (interested
Native American Tribes) shall be contacted for input. The City shall, in good faith, consult with interested Native American Tribes for the remainder of the project.

Construction personnel shall not collect or move any
suspected archaeological materials or further disturb any soils within the 100-foot exclusionary buffer, but
construction activity may continue on other portions of the project site. As deemed necessary by the City, a qualified archaeologist shall be retained to assess the nature and significance of the discovery. As determined by the
qualified archaeologist and interested Native American
Tribes should the discovery be determined not to be
significant, the resource shall be recorded on a California Department of Parks and Recreation Form 523, and no
further recovery effort shall be required. However, all subsequent ground-disturbing activities shall be monitored by an archaeologist and, if requested, by interested Native American Tribes at the discretion of the City. Any and all archaeological/cultural documents created as a part of the project (isolate records, site records, survey reports, testing reports, etc.) shall be supplied to the project applicant and City for dissemination to interested Native American Tribes, as requested. In the event the discovery is determined to be significant pursuant to CEQA Guidelines Section 15064.5, Mitigation Measure CUL-2 shall apply.” This measure shall be implemented to the satisfaction of the City of Chino’s Development Services Director or designee. 568

MITIGATION MONITORING AND REPORTING PROGRAM

PHILADELPHIA STREET INDUSTRIAL DEVELOPMENT SITE AND EAST END ANNEXATION PROJECT Mitigation Monitoring and Reporting Program 5
Project Name: Philadelphia Street Industrial Development Site and East End Annexation Project Applicant: Golden Management Services, Inc.

Date: March 6, 2023
Mitigation Measure No. / Implementing Action
Responsible
for
Monitoring Timing of Verification Method of Verification Verified
Date/
Initials
Sanctions for
NonCompliance
MITIGATION MEASURE CUL-2: If a qualified archaeologist
determines cultural resources identified on the project site are historical or unique archaeological resources pursuant to CEQA Guidelines Section 15064.5, contingency funding and a time allotment sufficient to allow for implementation of avoidance measures or appropriate data recovery must be provided. The archaeologist shall develop a Monitoring and Treatment Plan, the drafts of which shall be provided to Native American tribal representatives (i.e., those who have expressed an interest in the project through the Assembly Bill 52 process pursuant to California Public Resources Code Section 21080.3.2) for review and comment. Grounddisturbing work may continue on other parts of the project site while historical [or unique archaeological] resource mitigation occurs.

The project archaeologist, the project applicant, the City of Chino’s Development Services Director or designee, and
interested Native American tribal representatives shall confer regarding the appropriate disposition of the
discovered resource(s). Disposition may include curation with a certified scientific or educational repository in accordance with current professional repository standards.

However, if an agreement on the disposition of cultural resources cannot be reached, the resource(s) shall be
reburied on the project site in an area not subject to further ground disturbance, with appropriate recordation on the California Department of Parks and Recreation 523 Forms.

Work shall not resume within the 100-foot exclusionary
buffer without City authorization, and all subsequent grounddisturbing activities shall be monitored at the discretion of the City.

City of Chino
Director of
Development
Services, or
designee.

During construction Evidence to the City:
1) Monitoring and Treatment
Plan provided to Native
American tribal
representatives;
2) project archaeologist,
project applicant, City of
Chino, and interested
Native American tribal
representatives confer
regarding discovered
resource(s);
3) Appropriate buffer areas
have been established as
applicable;
4) Appropriate recordation
on California Department
of Parks and Recreation
523 Forms;
5) Report of findings filed
with the City, tribal
representative, and South
Central Coastal
Information Center.

Issuance of a
stop work
order.
569

MITIGATION MONITORING AND REPORTING PROGRAM

PHILADELPHIA STREET INDUSTRIAL DEVELOPMENT SITE AND EAST END ANNEXATION PROJECT Mitigation Monitoring and Reporting Program 6
Project Name: Philadelphia Street Industrial Development Site and East End Annexation Project Applicant: Golden Management Services, Inc.

Date: March 6, 2023
Mitigation Measure No. / Implementing Action
Responsible
for
Monitoring Timing of Verification Method of Verification Verified
Date/
Initials
Sanctions for
NonCompliance
All cultural resources, including the locations from which they are recovered and to which they may be reburied, shall
remain confidential pursuant to the California Code of
Regulations Section 15120(d). A final report containing the significance and treatment of findings shall be prepared by the project archaeologist and submitted to the City of Chino’s Development Services Director or designee and interested Native American Tribe(s). This measure shall be implemented to the satisfaction of the City of Chino Development Services Director or designee.

GEOLOGY AND SOILS
MITIGATION MEASURE GEO-1: Prior to issuance of grading
and/or building permits, the project applicant shall provide evidence to the City of Chino (City) for review and approval that proposed structures, features, and facilities have been designed and would be constructed in conformance with
applicable provisions of the 2022 edition of the California Building Code (CBC) or the most current edition of the CBC in effect at the time the applicant’s development application is deemed complete by the City.

Additionally, the project applicant shall provide evidence to the City that the recommendations cited in the projectspecific Geotechnical Investigation are incorporated into project plans and/or implemented as deemed appropriate by the City. Geotechnical recommendations include, but are not limited to, removal of existing vegetation, structural
foundations, floor slabs, irrigation lines, utility lines, and any other surface and subsurface improvements that would not remain in place for use with the new development. Remedial earthwork, overexcavation, and ground improvement shall occur to depths specified in the Geotechnical Investigation to Director of the
City of Chino
Building
Department or
designee.

Prior to issuance of
grading and/or building
permits and during
construction.

Evidence to the City:
1) Design-level plans comply
with California Building
Code in effect at the time
of development
application submittal;
2) Recommendations in the
design-level
geotechnical/soils/geologi
c report are incorporated
as applicable.

Withhold
grading and/or
building
permits and/or
issuance of a
stop work
order.
570

MITIGATION MONITORING AND REPORTING PROGRAM

PHILADELPHIA STREET INDUSTRIAL DEVELOPMENT SITE AND EAST END ANNEXATION PROJECT Mitigation Monitoring and Reporting Program 7
Project Name: Philadelphia Street Industrial Development Site and East End Annexation Project Applicant: Golden Management Services, Inc.

Date: March 6, 2023
Mitigation Measure No. / Implementing Action
Responsible
for
Monitoring Timing of Verification Method of Verification Verified
Date/
Initials
Sanctions for
NonCompliance
provide a sufficient layer of engineered fill or densified soil beneath the structural footings/foundations, as well as proper surface drainage devices. Retaining wall parameters shall be in accordance with the Geotechnical Investigation to protect against lateral spreading and landslides. Additionally, Type II cement according to the latest CBC specifications shall be utilized for the construction of building foundations and additional sulfate tests shall be performed at the completion of site grading to ensure that graded conditions are
consistent with the recommendations specified in the
Geotechnical Investigation to protect concrete, steel, and other metals from corrosive soils. Verification testing must be performed upon completion of ground improvements to
confirm that the compressible soils have been sufficiently densified. The structural engineer must determine the
ultimate thickness and reinforcement of the building floor slabs based on the imposed slab loading.

As necessary, the City may require additional studies and/or engineering protocols to meet its requirements. This
measure shall be implemented to the satisfaction of the City Director of Building or designee.

MITIGATION MEASURE GEO-2: Prior to commencement of
any grading activity on the Industrial Development Site, the applicant shall retain a paleontological monitor that would work under the direct supervision of a qualified
paleontologist (defined as an individual with a B.S./B.A. in geology, or related discipline with an emphasis in
paleontology and demonstrated competence in
paleontological research, fieldwork, reporting, and curation).

The qualified paleontologist shall attend the pre-construction meeting to discuss monitoring protocols. The paleontological City of Chino
Director of
Development
Services, or
designee.

Prior to commencement
of grading and during
construction.

Evidence to the City:
1) Project
proponent/developer
retains a qualified
paleontologist for
monitoring;
2) Project
proponent/developer
Withhold
grading permit
and/or
issuance of a
stop work
order.
571

MITIGATION MONITORING AND REPORTING PROGRAM

PHILADELPHIA STREET INDUSTRIAL DEVELOPMENT SITE AND EAST END ANNEXATION PROJECT Mitigation Monitoring and Reporting Program 8
Project Name: Philadelphia Street Industrial Development Site and East End Annexation Project Applicant: Golden Management Services, Inc.

Date: March 6, 2023
Mitigation Measure No. / Implementing Action
Responsible
for
Monitoring Timing of Verification Method of Verification Verified
Date/
Initials
Sanctions for
NonCompliance
monitor shall be present full-time during ground disturbance activity below five feet from the ground surface, including but not limited to grading, trenching, utilities, and off-site easements. If the qualified paleontologist determines that the sediments are not likely to produce fossil resources after excavation below five feet from the ground surface begins, monitoring efforts shall be reduced.

If during such ground disturbance activities, a paleontological resource is discovered, the monitor shall temporarily halt or redirect grading efforts, and shall flag the area and notify the construction crew immediately. No further disturbance in the flagged area shall occur until the qualified paleontologist has cleared the area.

In consultation with the qualified paleontologist, the monitor shall assess the nature and significance of the find. If the specimen is not significant, it shall be mapped, documented, removed, and the area cleared to allow grading to
recommence in the area of the find.

If the discovery is found to be significant, the qualified paleontologist shall notify the applicant and City
immediately. In consultation with the applicant and the City, the qualified paleontologist shall develop a plan of mitigation which would likely include full-time monitoring, salvage excavation, scientific removal of the find, removal of
sediment from around the specimen (in the laboratory),
research to identify and categorize the find, curation of the find in a local qualified repository, and preparation of a report summarizing the find.
prepares a Paleontological
Resource Mitigation Plan;
3) Adequate provisions are in
place to protect or
retrieve/record/evaluate
paleontological resources;
4) Formal agreement
between the project
applicant and appropriate
repository for fossils;
5) Submittal of required
evaluation and report by a
qualified paleontologist to
the City.
572

MITIGATION MONITORING AND REPORTING PROGRAM

PHILADELPHIA STREET INDUSTRIAL DEVELOPMENT SITE AND EAST END ANNEXATION PROJECT Mitigation Monitoring and Reporting Program 9
Project Name: Philadelphia Street Industrial Development Site and East End Annexation Project Applicant: Golden Management Services, Inc.

Date: March 6, 2023
Mitigation Measure No. / Implementing Action
Responsible
for
Monitoring Timing of Verification Method of Verification Verified
Date/
Initials
Sanctions for
NonCompliance

HAZARDS AND HAZARDOUS MATERIALS
MITIGATION MEASURE HAZ-1: An asbestos-containing
materials (ACM) survey and lead-based materials (LBM)
survey shall be completed for demolition of all structures constructed prior to 1978. A qualified California Occupational Safety and Health Administration (Cal/OSHA) Certified Site Surveillance Technician shall conduct the ACM survey. A qualified California Department of Public Health Lead
Inspector Assessor shall conduct the LBM survey. If the ACM survey reveals no detectable asbestos levels pursuant to Title 8, CCR Section 1529, no further ACM survey or remedial work is required. If the LBM survey reveals no detectable lead levels pursuant to Code of Federal Regulations Chapter 29, Section 1926.62 and Title 8, California Code of Regulations Section 1532.1, no further LBM survey or remedial work is required. However, if a detectable level of asbestos is identified within structures proposed for demolition,
Mitigation Measure HAZ-2 shall apply. Furthermore, if a detectable level of lead is identified within structures proposed for demolition, Mitigation Measure HAZ-3 shall apply. This measure shall be implemented to the satisfaction of the City of Chino Development Services Director or
designee, and/or Building Division, or designee.

City of Chino
Director of
Development
Services, or
designee.

Prior to issuance of
demolition permit.

Evidence to the City a
asbestos-containing materials
(ACM) survey and lead-based
materials (LBM) survey is
completed.

Withhold
demolition
permit.

MITIGATION MEASURE HAZ-2: Prior to the demolition of any structure identified to contain ACM, the project applicant shall retain a Certified Asbestos Consultant to abate ACM from the demolition site. An Asbestos Notification shall be prepared and submitted to the South Coast Air Quality
Management District (SCAQMD) for approval before any
asbestos abatement may commence. The Certified Asbestos Consultant shall provide a construction and demolition plan City of Chino
Director of
Development
Services, or
designee.

Prior to issuance of
demolition permit.

Evidence to the City a
Certified Asbestos Consultant
is retained, Asbestos
Notification submitted to
SCAQMD, construction and
demolition plan with disposal
tickets and SCAQMD air
Withhold
demolition
permit.
573

MITIGATION MONITORING AND REPORTING PROGRAM

PHILADELPHIA STREET INDUSTRIAL DEVELOPMENT SITE AND EAST END ANNEXATION PROJECT Mitigation Monitoring and Reporting Program 10
Project Name: Philadelphia Street Industrial Development Site and East End Annexation Project Applicant: Golden Management Services, Inc.

Date: March 6, 2023
Mitigation Measure No. / Implementing Action
Responsible
for
Monitoring Timing of Verification Method of Verification Verified
Date/
Initials
Sanctions for
NonCompliance
with disposal tickets from a San Bernardino County
Department of Public Works-Solid Waste Management
Division-approved disposal facility and SCAQMD air
clearances prior to final inspection, and an asbestos report shall be provided to the City prior to the issuance of a demolition permit. This measure shall be implemented to the satisfaction of the City of Chino Development Services
Director or designee, and/or Building Division, or designee. clearances, and asbestos
report is provided to the City.

MITIGATION MEASURE HAZ-3: Prior to the demolition of any structure identified to contain LBM, the project applicant shall retain a California Department of Public Health Lead Inspector Assessor to abate LBM from the demolition site.

The Lead Inspector Assessor shall provide a construction and demolition plan with disposal tickets from a San Bernardino County Department of Public Works-Solid Waste
Management Division-approved disposal facility and South Coast Air Quality Management District air clearances prior to final inspection, and a lead report shall be provided to the City prior to the issuance of a demolition permit. This measure shall be implemented to the satisfaction of the City of Chino Development Services Director or designee, and/or Building Division, or designee.

City of Chino
Director of
Development
Services, or
designee.

Prior to issuance of
demolition permit.

Evidence to the City a
California Department of
Public Health Lead Inspector
Assessor is retained,
construction and demolition
plan with disposal tickets and
SCAQMD air clearances, and
lead report is provided to the
City.

Withhold
demolition
permit.

NOISE AND VIBRATION
MITIGATION MEASURE NOI-1: Prior to issuance of
demolition and grading permits, the construction contractor shall erect a minimum 6-foot-high temporary construction barrier along the eastern and southeastern project
construction boundaries, a minimum 8-foot-high temporary construction barrier along the southern construction
boundary, and a minimum 14-foot-high temporary
construction barrier along the western project construction City of Chino
Director of
Development
Services, or
designee.

Prior to issuance of
demolition and grading
permits.

Evidence to the City of
construction of appropriate
construction barriers for noise
attenuation.

Withhold
demolition
and/or grading
permit.
574

MITIGATION MONITORING AND REPORTING PROGRAM

PHILADELPHIA STREET INDUSTRIAL DEVELOPMENT SITE AND EAST END ANNEXATION PROJECT Mitigation Monitoring and Reporting Program 11
Project Name: Philadelphia Street Industrial Development Site and East End Annexation Project Applicant: Golden Management Services, Inc.

Date: March 6, 2023
Mitigation Measure No. / Implementing Action
Responsible
for
Monitoring Timing of Verification Method of Verification Verified
Date/
Initials
Sanctions for
NonCompliance
boundary where there are existing residences to reduce
construction noise levels. The barriers shall be continuous with no gaps or holes and may be any material that has a minimum Sound Transmission Class (STC) rating of 28.

Additionally, the construction contractor shall limit
construction activities to between the hours of 7:00 a.m. and 7:00 p.m. Monday through Saturday. Construction activities shall be prohibited outside of these hours or anytime on Sundays and federal holidays.

The construction contractor shall equip all internal
combustion engine-driven equipment with intake and
exhaust mufflers that are in good condition and appropriate for the equipment and also ensure that trucks and equipment are running only when necessary. Only “Quiet” air
compressors and similar equipment shall be utilized, where available. Finally, the construction contractor shall locate stationary noise-generating equipment as far as possible from off-site residential properties. This measure shall be implemented to the satisfaction of the City of Chino Director of Development Services, or designee
MITIGATION MEASURE NOI-2: Prior to issuance of a grading permit, the construction contractor shall provide evidence to the City of Chino that heavy construction equipment (e.g., large bulldozers and loaded trucks) shall be prohibited from operating within 15 feet of the residential structures located on the property (APN 1013-521-05) adjacent to the westsouthwest of the Industrial Development Site. Notes shall be included in the grading plans and temporary on-site signage in the immediate proximity of the southwest portion of the Industrial Development Site shall be erected notifying
construction personnel of the prohibition. The temporary City of Chino
Director of
Development
Services, or
designee.

Prior to issuance of
grading permit.

Evidence to the City oF a note
in the grading plans and
erection of temporary on-site
signage in the immediate
proximity of the southwest
portion of the Industrial
Development Site notifying
construction personnel of
large bulldozer/loaded truck
prohibition.

Withhold
grading
permit.
575

MITIGATION MONITORING AND REPORTING PROGRAM

PHILADELPHIA STREET INDUSTRIAL DEVELOPMENT SITE AND EAST END ANNEXATION PROJECT Mitigation Monitoring and Reporting Program 12
Project Name: Philadelphia Street Industrial Development Site and East End Annexation Project Applicant: Golden Management Services, Inc.

Date: March 6, 2023
Mitigation Measure No. / Implementing Action
Responsible
for
Monitoring Timing of Verification Method of Verification Verified
Date/
Initials
Sanctions for
NonCompliance
signage shall clearly indicate large bulldozers and loaded trucks are prohibited from operating within 15 feet of the residential structures located on the property (APN 1013- 521-05) adjacent to the west-southwest of the Industrial Development Site, the standard language of which shall be determined through coordination between the construction site contractor, the project applicant, and the City of Chino Director of Development Services or designee. This measure shall be implemented to the satisfaction of the City of Chino Director of Development Services, or designee.

TRIBAL CULTURAL RESOURCES
MITIGATION MEASURE TCR-1: A. The project applicant/lead agency shall retain a Native American Monitor from or
approved by the Gabrieleño Band of Mission Indians – Kizh Nation. The monitor shall be retained prior to the
commencement of any “ground-disturbing activity” for the subject project at all project locations (i.e., both on-site and any off-site locations that are included in the project description/definition and/or required in connection with the project, such as public improvement work). “Grounddisturbing activity” shall include, but is not limited to, demolition, pavement removal, potholing, auguring,
grubbing, tree removal, boring, grading, excavation, drilling, and trenching.

B. A copy of the executed monitoring agreement shall be submitted to the lead agency prior to the earlier of the commencement of any ground-disturbing activity, or the
issuance of any permit necessary to commence a grounddisturbing activity.

City of Chino
director of
development
services, or
designee.

Prior to issuance of
grading permit and
during construction.

Evidence to the City:
1) A Native American Monitor
from or approved by the
Gabrieleño Band of Mission
Indians – Kizh Nation is
retained;
2) Copy of the executed
monitoring agreement
submitted to City;
3) Daily monitoring logs
submitted to City;
4) Appropriate buffers
established as appropriate.

Withhold
grading permit
and/or
issuance of a
stop work
order.
576

MITIGATION MONITORING AND REPORTING PROGRAM

PHILADELPHIA STREET INDUSTRIAL DEVELOPMENT SITE AND EAST END ANNEXATION PROJECT Mitigation Monitoring and Reporting Program 13
Project Name: Philadelphia Street Industrial Development Site and East End Annexation Project Applicant: Golden Management Services, Inc.

Date: March 6, 2023
Mitigation Measure No. / Implementing Action
Responsible
for
Monitoring Timing of Verification Method of Verification Verified
Date/
Initials
Sanctions for
NonCompliance
C. The monitor would complete daily monitoring logs that would provide descriptions of the relevant ground-disturbing activities, the type of construction activities performed, locations of ground-disturbing activities, soil types, culturalrelated materials, and any other facts, conditions, materials, or discoveries of significance to the Tribe. Monitor logs would identify and describe any discovered TCRs, including but not limited to, Native American cultural and historical artifacts, remains, places of significance, etc., (collectively, tribal cultural resources, or “TCR”), as well as any discovered Native American (ancestral) human remains and burial goods.

Copies of monitor logs would be provided to the project applicant/lead agency upon written request to the Tribe.

D. On-site tribal monitoring shall conclude upon the latter of the following (1) written confirmation to the Kizh from a designated point of contact for the project applicant/lead agency that all ground-disturbing activities and phases that may involve ground-disturbing activities on the project site or in connection with the project are complete; or (2) a
determination and written notification by the Kizh to the project applicant/lead agency that no future, planned
construction activity and/or development/construction
phase at the project site possesses the potential to impact Kizh TCRs.

E. Upon discovery of any TCRs, all construction activities in the immediate vicinity of the discovery shall cease (i.e., not less than the surrounding 50 feet) and shall not resume until the discovered TCR has been fully assessed by the Kizh
monitor and/or Kizh archaeologist. The Kizh would recover and retain all discovered TCRs in the form and/or manner the Tribe deems appropriate, in the Tribe’s sole discretion, and 577

MITIGATION MONITORING AND REPORTING PROGRAM

PHILADELPHIA STREET INDUSTRIAL DEVELOPMENT SITE AND EAST END ANNEXATION PROJECT Mitigation Monitoring and Reporting Program 14
Project Name: Philadelphia Street Industrial Development Site and East End Annexation Project Applicant: Golden Management Services, Inc.

MITIGATION MEASURE TCR-2: A. Native American human
remains are defined in PRC 5097.98 (d)(1) as an inhumation or cremation, and in any state of decomposition or skeletal completeness. Funerary objects, called associated grave goods in Public Resources Code Section 5097.98, are also to be treated according to this statute.

B. If Native American human remains and/or grave goods
discovered or recognized on the project site, then all
construction activities shall immediately cease. Health and Safety Code Section 7050.5 dictates that any discoveries of human skeletal material shall be immediately reported to the County Coroner and all ground-disturbing activities shall immediately halt and shall remain halted until the coroner has determined the nature of the remains. If the coroner recognizes the human remains to be those of a Native
American or has reason to believe they are Native American, he or she shall contact, by telephone within 24 hours, the Native American Heritage Commission, and Public Resources Code Section 5097.98 shall be followed.

C. Human remains and grave/burial goods shall be treated alike per California Public Resources Code section
5097.98(d)(1) and (2).

D. Construction activities may resume in other parts of the project site at a minimum of 200 feet away from discovered human remains and/or burial goods, if the Kizh determines in its sole discretion that resuming construction activities at that distance is acceptable and provides the project manager express consent of that determination (along with any other City of Chino
director of
development
services, or
designee.

During construction. Evidence to the City:
1) Appropriate buffer areas
have been established as
applicable;
2) Coordinate with Native
American Heritage
Commission, Most Likely
Descendent, and County
Coroner as necessary.

Issuance of a
stop work
order.
578

MITIGATION MONITORING AND REPORTING PROGRAM

PHILADELPHIA STREET INDUSTRIAL DEVELOPMENT SITE AND EAST END ANNEXATION PROJECT Mitigation Monitoring and Reporting Program 15
Project Name: Philadelphia Street Industrial Development Site and East End Annexation Project Applicant: Golden Management Services, Inc.

Date: March 6, 2023
Mitigation Measure No. / Implementing Action
Responsible
for
Monitoring Timing of Verification Method of Verification Verified
Date/
Initials
Sanctions for
NonCompliance
mitigation measures the Kizh monitor and/or archaeologist deems necessary). (CEQA Guidelines Section 15064.5(f).) E. Preservation in place (i.e., avoidance) is the preferred manner of treatment for discovered human remains and/or burial goods. Any historic archaeological material that is not Native American in origin (non-TCR) shall be curated at a public, non-profit institution with a research interest in the materials, such as the Natural History Museum of Los Angeles County or the Fowler Museum, if such an institution agrees to accept the material. If no institution accepts the
archaeological material, it shall be offered to a local school or historical society in the area for educational purposes.

F. Any discovery of human remains/burial goods shall be kept confidential to prevent further disturbance.

MITIGATIOIN MEASURE TCR-3: A. As the Most Likely
Descendant (“MLD”), the Koo-nas-gna Burial Policy shall be implemented. To the Tribe, the term “human remains”
encompasses more than human bones. In ancient as well as historic times, Tribal Traditions included, but were not limited to, the preparation of the soil for burial, the burial of funerary objects with the deceased, and the ceremonial
burning of human remains.

B. If the discovery of human remains includes four or more burials, the discovery location shall be treated as a cemetery and a separate treatment plan shall be created.

C. The prepared soil and cremation soils are to be treated in the same manner as bone fragments that remain intact.

Associated funerary objects are objects that, as part of the death rite or ceremony of a culture, are reasonably believed to have been placed with individual human remains either at City of Chino
director of
development
services, or
designee.

Issuance of a
stop work
order.
579

MITIGATION MONITORING AND REPORTING PROGRAM

PHILADELPHIA STREET INDUSTRIAL DEVELOPMENT SITE AND EAST END ANNEXATION PROJECT Mitigation Monitoring and Reporting Program 16
Project Name: Philadelphia Street Industrial Development Site and East End Annexation Project Applicant: Golden Management Services, Inc.

Date: March 6, 2023
Mitigation Measure No. / Implementing Action
Responsible
for
Monitoring Timing of Verification Method of Verification Verified
Date/
Initials
Sanctions for
NonCompliance
the time of death or later; other items made exclusively for burial purposes or to contain human remains can also be considered as associated funerary objects. Cremations would either be removed in bulk or by means as necessary to ensure complete recovery of all sacred materials.

D. In the case where discovered human remains cannot be fully documented and recovered on the same day, the
remains would be covered with muslin cloth and a steel plate that can be moved by heavy equipment placed over the
excavation opening to protect the remains. If this type of steel plate is not available, a 24-hour guard should be posted outside of working hours. The Tribe would make every effort to recommend diverting the project and keeping the remains in situ and protected. If the project cannot be diverted, it may be determined that burials would be removed.

E. In the event preservation in place is not possible despite good faith efforts by the project applicant/developer and/or landowner, before ground-disturbing activities may resume on the project site, the landowner shall arrange a designated site location within the footprint of the project for the respectful reburial of the human remains and/or ceremonial objects.

F. Each occurrence of human remains and associated
funerary objects would be stored using opaque cloth bags. All human remains, funerary objects, sacred objects and objects of cultural patrimony would be removed to a secure
container on site if possible. These items should be retained and reburied within six months of recovery. The site of reburial/repatriation shall be on the project site but at a location agreed upon between the Tribe and the landowner 580

MITIGATION MONITORING AND REPORTING PROGRAM

PHILADELPHIA STREET INDUSTRIAL DEVELOPMENT SITE AND EAST END ANNEXATION PROJECT Mitigation Monitoring and Reporting Program 17
Project Name: Philadelphia Street Industrial Development Site and East End Annexation Project Applicant: Golden Management Services, Inc.

G. The Tribe would work closely with the project’s qualified archaeologist to ensure that the excavation is treated
carefully, ethically and respectfully. If data recovery is approved by the Tribe, documentation shall be prepared and shall include (at a minimum) detailed descriptive notes and sketches. All data recovery data recovery-related forms of documentation shall be approved in advance by the Tribe. If any data recovery is performed, once complete, a final report shall be submitted to the Tribe and the NAHC. The Tribe does NOT authorize any scientific study or the utilization of any invasive and/or destructive diagnostics on human remains. 581

MITIGATION MONITORING AND REPORTING PROGRAM

PHILADELPHIA STREET INDUSTRIAL DEVELOPMENT SITE AND EAST END ANNEXATION PROJECT Mitigation Monitoring and Reporting Program 18

STANDARD CONDITIONS
Project Name: Philadelphia Street Industrial Development Site and East End Annexation Project Applicant: Golden Management Services, Inc.

Date: March 8, 2023
Standard Condition / Implementing Action
Responsible
for Monitoring Timing of Verification Method of Verification Verified
Date/
Initials
Sanctions for
NonCompliance

HYDROLOGY AND WATER QUALITY
STANDARD CONDITION HYD-1: Prior to commencement
of construction activities, the Applicant shall obtain
coverage under the National Pollutant Discharge
Elimination System (NPDES) General Permit for Storm
Water Discharges Associated with Construction and Land
Disturbance Activities (Construction General Permit),
(Santa Ana Regional Water Quality Control Board Order
Number R8-2010-0033, National Pollutant Discharge
Elimination System Permit No. CAS618033, as amended),
or any other subsequent permit. This shall include
submission of Permit Registration Documents, including
permit application fees, a Notice of Intent, a risk
assessment, a site plan, a Storm Water Pollution
Prevention Plan (SWPPP), a signed certification
statement, and any other compliance‐related documents
required by the permit, to the State Water Resources
Control Board via the Stormwater Multiple Application
and Report Tracking System (SMARTS). Construction
activities shall not commence until a Waste Discharge
Identification Number is obtained for the proposed
project from the SMARTS and provided to the City of
Chino Engineer/Public Works Director, or designee, to
demonstrate that coverage under the Construction
General Permit has been obtained.

The Final SWPPP shall be prepared by a qualified SWPPP
Developer in accordance with the requirements of the
Construction General Permit. Requirements include Best
Director of the
City of Chino
Public Works
Department, or
designee.

Prior to construction. Evidence to the City a
Waste Discharge
Identification Number
(WDID) is obtained for the
project from the SMARTS.

Withhold
grading permit
and/or issuance
of a stop work
order.
582

MITIGATION MONITORING AND REPORTING PROGRAM

PHILADELPHIA STREET INDUSTRIAL DEVELOPMENT SITE AND EAST END ANNEXATION PROJECT Mitigation Monitoring and Reporting Program 19
Project Name: Philadelphia Street Industrial Development Site and East End Annexation Project Applicant: Golden Management Services, Inc.

Date: March 8, 2023
Standard Condition / Implementing Action
Responsible
for Monitoring Timing of Verification Method of Verification Verified
Date/
Initials
Sanctions for
NonCompliance
Management Practices (BMPs) for erosion and sediment
control, site management/housekeeping/ waste
management, management of non-storm water
discharges, run-on and runoff controls, and BMP
inspection/maintenance/ repair activities. BMP
implementation shall be consistent with the BMP
requirements in the most recent version of the California Stormwater Quality Association’s Stormwater Best
Management Handbook-Construction.

The Final SWPPP shall include a construction site
monitoring program that identifies requirements for dry weather visual observations of pollutants at all discharge locations and, as appropriate (depending on the Risk
Level), sampling of the site effluent and receiving waters.

A Qualified SWPPP Practitioner shall be responsible for implementing the BMPs at the site and performing all
required monitoring and inspection/maintenance/repair
activities.

STANDARD CONDITION HYD-2: The project applicant
shall comply with the Santa Ana Regional Water Quality
Control Board Storm Water permit requirements,
including the Chapter 13.25 (Stormwater Drainage
System Regulations) of the Chino Municipal Code. The
project applicant shall prepare and implement a Final
Water Quality Management Plan (FWQMP) for the
project. The FWQMP shall include submission to the
State Water Resources Control Board via the Stormwater
Multiple Application and Report Tracking System
(SMARTS). Construction activities shall not commence
until a Waste Discharge Identification Number is
obtained for the proposed project from the SMARTS and
Director of the
City of Chino
Public Works
Department, or
designee
Prior to the issuance of
building permit.

Submittal to City of a
Final Water Quality
Management Plan (Final
WQMP), and a Waste
Discharge Identification
Number (WDID) is
obtained for the project
from the SMARTS.

Withhold
building permit.
583

MITIGATION MONITORING AND REPORTING PROGRAM

PHILADELPHIA STREET INDUSTRIAL DEVELOPMENT SITE AND EAST END ANNEXATION PROJECT Mitigation Monitoring and Reporting Program 20
Project Name: Philadelphia Street Industrial Development Site and East End Annexation Project Applicant: Golden Management Services, Inc.

Date: March 8, 2023
Standard Condition / Implementing Action
Responsible
for Monitoring Timing of Verification Method of Verification Verified
Date/
Initials
Sanctions for
NonCompliance
provided to the City of Chino Engineer/Public Works
Director, or designee, to demonstrate that coverage
under the Construction General Permit has been
obtained. The FWQMP would act as the overall program
document designed to provide measures to mitigate
potential water quality impacts associated with the
operation of the proposed project. At a minimum, the
FWQMP for the project shall include:
• An inventory and accounting of existing and proposed
impervious areas.
• Low Impact Development (LID) design details
incorporated into the project. Specific LID design may
include, but is not limited to using pervious
pavements and green roofs, dispersing runoff to
landscaped areas, and/or routing runoff to the storm
water detention/retention chamber system that
would be developed on site as part of the project
design.
• Measures to address potential storm water
contaminants. These may include measures to cover
or control potential sources of storm water pollutants
at the project site.

A Final Storm Water Facility Operation and Maintenance
Plan for the project site, which shall include periodic inspection and maintenance of the storm water drainage
system. Persons responsible for performing and funding
the requirements of this plan shall be identified. This plan must be finalized prior to issuance of building permits for the project.
584

MITIGATION MONITORING AND REPORTING PROGRAM

PHILADELPHIA STREET INDUSTRIAL DEVELOPMENT SITE AND EAST END ANNEXATION PROJECT Mitigation Monitoring and Reporting Program 21
Project Name: Philadelphia Street Industrial Development Site and East End Annexation Project Applicant: Golden Management Services, Inc.

Date: March 8, 2023
Standard Condition / Implementing Action
Responsible
for Monitoring Timing of Verification Method of Verification Verified
Date/
Initials
Sanctions for
NonCompliance

TRANSPORTATION
STANDARD CONDITION T-1: The project applicant shall
pay the fair-share amount of 0.33 percent as identified in the Traffic Study for the project to install a four-way traffic signal, design for a two-phase operation, and
stripe crosswalks on all legs at the East End Avenue and Walnut Avenue intersection. The specific design shall be approved by the City Engineer in the final engineering
phase.

City Engineer. Prior to issuance of occupancy
permit.

Evidence to City of
payment of 0.33 percent
fair share for a four-way
traffic signal, design for a
two-phase operation, and
stripe crosswalks on all
legs at the East End
Avenue and Walnut
Avenue intersection.

Withhold
occupancy
permit.

STANDARD CONDITION T-2: The project applicant shall
pay the fair-share amount of 0.54 percent as identified in the Traffic Study for the project to install a four-way traffic signal, design for a two-phase operation, and
stripe crosswalks on all legs at the East End Avenue and Francis Avenue intersection. The specific design shall be approved by the City Engineer in the final engineering
phase.

City Engineer. Prior to issuance of occupancy
permit.

Evidence to City of
payment of 0.54 percent
fair share for a four-way
traffic signal, design for a
two-phase operation, and
stripe crosswalks on all
legs at the East End
Avenue and Francis
Avenue intersection.

Withhold
occupancy
permit.
585
RESOLUTION NO. PC2023-023

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CHINO, CALIFORNIA, APPROVING PL20-0004 (SITE APPROVAL) AND PL20-0005 (TENTATIVE PARCEL MAP NO. 20174) TO SUBDIVIDE 3.95

GROSS ACRES OF LAND INTO THREE PARCELS FOR THE

CONSTRUCTION OF THREE INDUSTRIAL BUILDINGS TOTALING
63,900 SQUARE FEET LOCATED AT THE NORTHWEST CORNER OF
PHILADEPHIA STREET AND EAST END AVENUE (APN: 1013-521-04).

WHEREAS, Golden Management Services, Inc. (the “Applicant”), has filed an application with the City of Chino (the “City”) for approval of PL20-0004 (Site Approval) and PL20-0005 (Tentative Parcel Map No. 20174) (the “Project”) to subdivide 3.95 gross acres of land into three parcels for the construction of three industrial buildings totaling 63,900 square feet located at the northwest corner of Philadelphia Street and East End Avenue (APN: 1013-521-04); and
WHEREAS, the Project’s approval is contingent upon the annexation process being finalized through the San Bernardino County Local Agency Formation Commission (LAFCO) and City Council’s approval of the associated Prezone (PL20-0003); and WHEREAS, the Planning Commission of the City of Chino has completed its study of the proposed Project; and
WHEREAS, on July 19, 2023, the Planning Commission held a duly noticed public hearing for the Project in compliance with law, including compliance with the relevant provisions of the California Government Code and Chino Municipal Code, entertained the written and oral report of staff, and took public testimony on the Project.

NOW, THEREFORE, the Planning Commission of the City of Chino, California, does hereby FIND, DETERMINE, and RESOLVE as follows:

A. The foregoing recitals are true and correct and incorporated herein.

1. PL20-0004 (Site Approval)
a. The proposed Project is consistent with the goals and policies of the City’s adopted General Plan and/or applicable specific plan(s). The Project site has a General Plan land use designation of Light Industrial (LI). The LI land use designation is intended to provide for industrial or manufacturing uses with fewer impacts on traffic, noises, odors and pollutants than General Industrial. The proposed buildings have been designed to accommodate lighter industrial uses in accordance with the Goals and Policies of the 586
RESOLUTION NO. PC2023-023

Page 2 of 6 ends

Chino City CouncilOctober 3, 2023

Chino City Council
October 3, 2023