Cities Index.
Agenda packet

Chino City Council
September 16, 2025

Document
Agenda packet
Meeting
September 16, 2025
Body
Chino City Council
Pages
7
Original file
213.0 MB
Text extracted from the city's file for reading and search. Open the original on chino.legistar.com. That file is the official record.

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 PL24-0097 (Special Conditional Use Permit), PL24-0098 (Site Approval), and PL24-0120 (Special Conditional Use Permit):

1. PL24-0098 (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 for industrial uses with fewer impacts on traffic, noises, odors and pollutants and allows for a broad range of uses. The Project has been designed to meet applicable development standards and design guidelines. The Project serves General Plan Goal LU-2 and Objective LU-2.1 which aim to foster the development of new industrial uses in the City while preventing negative impacts on the health, safety, and welfare of residents and General Plan Objective LU-1.3 which encourages commercial development that will support and enhance vibrant commercial areas and serve existing neighborhoods;
b. The proposed Project is permitted within the zoning district in which it is proposed and complies with all applicable provisions of the City’s Zoning Code. The Project is located in the Light Industrial (M1) zoning district and consists of a 158,548 square foot warehouse industrial building and a 3,540 square foot food and beverage building with an outdoor dining area. The restaurant uses and the size of the warehouse building, which exceeds 50,000 square feet, require approval of a Special Conditional Use Permit.

Additionally, the Project meets or exceeds all minimum 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 use proposed, as all minimum zoning requirements governing parcel size, shape, access, type and intensity of development have been met or exceeded. The 7.35-acre site is flat and will have adequate infrastructure and four points of vehicular access from Schaefer Avenue and Oaks Avenue. Utilities and stormwater improvements will be extended to serve the site;
d. The subject site for the Project 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 proposed Project, in that the Project site is located along Schaefer Avenue, which is designated as a primary arterial and Oaks Avenue, which is designated as an urban industrial collector.

Access to the site is provided from the adjacent streets. Additionally, 1590
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Schaefer Avenue is designated as a truck route. Both streets are currently improved and has adequate capacity to serve the proposed Project; e. The proposed Project is compatible with those abutting properties and in the surrounding area. The Project is located within an area designated for industrial uses and is surrounded by existing industrial developments to the east, south and west. To the north, Schaefer Avenue separates the singlefamily residential development from the Project. The Project will have no significant negative light, noise, and aesthetic impacts, as the building has been designed to meet all development and design requirements of the M1 zoning district, in which it is located;
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, as the proposed Project consists of a mixed-use development with an industrial building and a food and beverage building, which is consistent with the M1 zoning district. In addition, certain safeguards have been required of the proposed Project, which the Planning Commission deems necessary to protect the public health, safety, and general welfare. These safeguards (Conditions of Approval) are attached hereto as Exhibit “A”; g. The proposed Project will not have a significant adverse impact on the environment as an Addendum to the City of Chino General Plan Environmental Impact Report (SCH# 2008091064) for the Chino Gateway Terminal Project has been prepared for this Project pursuant to Section 15164 of the California Environmental Quality Act (CEQA) Guidelines. The Project is within the scope of the EIR, which adequately describes the activity for the purposes of CEQA. The Addendum satisfies the requirement of CEQA and the CEQA Guidelines (California Public Resources Code §§ 21000 et seq.; 14 Cal. Code Regs. §§ 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 and have been imposed as conditions of Project approval by the Chino Planning Commission. In addition, certain safeguards have been required of the proposed Project, which the Planning Commission deems necessary to protect the public health, safety, and general welfare. These safeguards (Conditions of Approval) are attached hereto as Exhibit “A”.

2. PL24-0097 (Special Conditional Use Permit – Warehouse Building ≥ 50,000SF) a. The proposed use is consistent with the goals and policies of the City’s adopted General Plan and/or applicable specific plan(s), in that the proposed use consists of an industrial building exceeding 50,000 square feet, which is permitted subject to approval of a SCUP. The use supports General Plan Goal LU-2 and Objective LU-2.1, which aims to foster the 1591
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development of new industrial uses that contributes to the City’s economic development, while ensuring such uses are planned and designed to prevent negative impacts on the health, safety, and welfare of residents; b. 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 use proposed, as all minimum zoning requirements governing parcel size, shape access, type and intensity of the use have already been met or exceeded and the appropriate infrastructure and public improvements are conditioned to be constructed with the development. Additionally, the proposed 158,548 square foot industrial building meets all requirements and development standards in the Zoning Ordinance;
c. 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 proposed use; as the 158,548 square foot industrial building will have direct access from one driveway off Schaefer Avenue and a second driveway off Oaks Avenue. Schaefer Avenue is designated as a primary arterial and truck route and Oaks Avenue is designated as an urban industrial collector, both streets designed to carry the volume of traffic typically generated by the use;
d. The proposed use is compatible with those on abutting properties and in the surrounding neighborhood. The Project is located within an area designated for industrial uses and is surrounded by existing industrial developments to the east, south and west. To the north, Schaefer Avenue, separates the single-family residential development from the use. The use will have no significant negative light, noise, and aesthetic impacts, as the building has been designed to meet all development and design requirements of the M1 zoning district, in which it is located. Additionally, the M1 zoning district is intended for industrial uses that are less intensive;
e. The proposed location, size, and operating characteristics of the proposed use will not be detrimental to the public interest, health, safety or general welfare, as the 158,548 square foot industrial building is allowed in the M1 zoning district, subject to the approval of a SCUP. In addition, certain safeguards have been required of the proposed use, which the Planning Commission deems necessary to protect the public health, safety, and general welfare. These safeguards (Conditions of Approval) are attached hereto as Exhibit “A”;
f. The proposed Project will not have a significant adverse impact on the environment as an Addendum to the City of Chino General Plan Environmental Impact Report (SCH# 2008091064) for the Chino Gateway Terminal Project has been prepared for this Project pursuant to Section 15164 of the California Environmental Quality Act (CEQA) Guidelines. The 1592
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Project is within the scope of the EIR, which adequately describes the activity for the purposes of CEQA. The Addendum satisfies the requirement of CEQA and the CEQA Guidelines (California Public Resources Code §§ 21000 et seq.; 14 Cal. Code Regs. §§ 15000 et seq.); and g. The minimum safeguards necessary to protect the public health, safety and general welfare have been required of the proposed Project and have been imposed as conditions of Project approval by the Chino Planning Commission. In addition, certain safeguards have been required of the proposed use, which the Planning Commission deems necessary to protect the public health, safety, and general welfare. These safeguards (Conditions of Approval) are attached hereto as Exhibit “A”.

3. PL24-0120 (Special Conditional Use Permit - Restaurant):
a. The proposed use is consistent with the goals and policies of the City’s adopted General Plan and/or applicable specific plan(s); in that the proposed use consists of individual restaurants located within a multi-tenant building. The proposed use is permitted, subject to approval of a SCUP Furthermore, Objective LU-1.3 of the City’s General Plan encourages commercial development that will support and enhance vibrant commercial areas to serve existing neighborhoods with a combination of daily and specialty daily needs;
b. 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 use proposed, as all minimum zoning requirements governing parcel size, shape access, type and intensity of development have already been met or exceeded and the appropriate infrastructure and public improvements are conditioned to be constructed with the development;
c. 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 proposed use; as the restaurant building will have direct access from one driveway off Schaefer Avenue a second driveway off Oaks Avenue. Schaefer Avenue is designated as a primary arterial and Oaks Avenue is designated as an urban industrial collector, both streets designed to carry the volume of traffic typically generated by the proposed restaurant use;
d. The proposed use is compatible with those on abutting properties and in the surrounding neighborhood, in that restaurants in the M1 zoning district are allowed, subject to approval of a SCUP. The proposed food and beverage building is located within an area designated for industrial uses and is surrounded by existing industrial developments to the east, south and west.

The restaurant component is strategically located at the northeast corner of 1593
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the project site, serving as a transitional buffer between the single-family residential neighborhood, separated by Schaefer Avenue, and the larger warehouse industrial building to the south. The use will have no significant negative light, noise, and aesthetic impacts, as the building has been designed to meet all development and design requirements of the M1 zoning district, in which it is located;
e. The proposed location, size, and operating characteristics of the proposed use will not be detrimental to the public interest, health, safety or general welfare, as restaurant uses are allowed in the M1 zoning district, subject to the approval of a SCUP. In addition, certain safeguards have been required of the proposed Project, which the Planning Commission deems necessary to protect the public health, safety, and general welfare. These safeguards (Conditions of Approval) are attached hereto as Exhibit “A”; f. The proposed Project will not have a significant adverse impact on the environment as an Addendum to the City of Chino General Plan Environmental Impact Report (SCH# 2008091064) for the Chino Gateway Terminal Project has been prepared for this Project pursuant to Section 15164 of the California Environmental Quality Act (CEQA) Guidelines. The Project is within the scope of the EIR, which adequately describes the activity for the purposes of CEQA. The Addendum satisfies the requirement of CEQA and the CEQA Guidelines (California Public Resources Code §§ 21000 et seq.; 14 Cal. Code Regs. §§ 15000 et seq.); and g. The minimum safeguards necessary to protect the public health, safety and general welfare have been required of the proposed Project and have been imposed as conditions of Project approval by the Chino Planning Commission. In addition, certain safeguards have been required of the proposed Project, which the Planning Commission deems necessary to protect the public health, safety, and general welfare. These safeguards (Conditions of Approval) are attached hereto as Exhibit “A”.

4. CEQA Findings. An Addendum to the City of Chino General Plan Environmental Impact Report (SCH# 2008091064) for the Chino Gateway Terminal Project has been prepared by LSA Associates, Inc. for this Project pursuant to Section 15164 of the California Environmental Quality Act (CEQA) Guidelines. The Planning Commission has considered the Addendum and Environmental Impact Report as part of its decision on this Project pursuant to Section 15164. The Planning Commission hereby finds that the Project is within the scope of the EIR, which adequately describes the activity for the purposes of CEQA. The Planning Commission hereby finds that the Project will not have any impacts that would require a revision to the EIR or any other additional environmental review.

5. Approval of PL24-0097 (Special Conditional Use Permit), PL24-0098 (Site Approval) and PL24-0120 (Special Conditional Use Permit). The Planning 1594
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EXHIBIT A

DEPARTMENTAL

CONDITIONS OF APPROVAL
DATE: July 16, 2025
PROJECT FILE NO.: PL24-0097 (Special Conditional Use Permit), PL24-0098 (Site Approval), and PL24-0120 (Special Conditional Use Permit) LOCATION: Southwest corner of Schaefer Avenue and Oaks Avenue (APN: 1021-052-04, -06, -09 and -11)
APPLICANT: Gateway Terminal LLC
The departments listed below have reviewed the above referenced application. Those departments marked with an “X” have required conditions of approval to be imposed on the project.

Development Services Department –
[X] Planning Division
[ ] ADA Accessibility Division
Public Works Department –
[X] Engineering Division
[ ] Traffic Division
[X] Chino Valley Independent Fire District
[ ] Police Department
[ ] Finance Department
[ ] Community Services, Parks & Recreation Department
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DEVELOPMENT SERVICES DEPARTMENT

PLANNING DIVISION CONDITIONS OF APPROVAL
DATE: July 16, 2025
PROJECT FILE NO.: PL24-0097 (Special Conditional Use Permit), PL24-0098 (Site Approval) and PL24-0120 (Special Conditional Use Permit) LOCATION: Southwest corner of Schaefer Avenue and Oaks Avenue (APN: 1021-052-04, -06, -09 and -11)
APPLICANT: Gateway Terminal LLC
NOTE: CONDITION IN BOLD WAS ADDED BY THE PLANNING COMMISSION.

1.0 TIME LIMITS:

1.1. The above referenced Site Approval and Special Conditional Use Permits shall expire on July 16, 2026, if building permits are not obtained and/or the approved uses have not commenced. 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. Should any of the special conditionally permitted uses cease to exist for 180 or more consecutive days, then the permit shall be deemed null and void.

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 and/or City Council.

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

2.3. The Director of Development Services shall have the authority to approve minor deviations in the site plan, architecture and/or landscape providing the total approved building area is not exceeded. If it is determined that 1597

DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION

CONDITIONS OF APPROVAL
FILE NO.: PL24-0097 (SCUP), -0098 (SA) & -0120 (SCUP) DATE: July 16, 2025 the changes will be substantial, approval from the Planning Commission will be required.

2.4. Approval of this request shall not waive compliance with any section of the Chino Municipal Code, or any other applicable City ordinances, or applicable specific plan provision.

2.5. Pursuant to Government Code Section 66020, upon approval of the project, the applicant has a 90-day period in which to protest the fees, dedications, reservation or other exaction imposed on this project through the conditions of approval.

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

2.7. In the event that any condition imposing a fee, exaction, dedication, or other mitigation measure is challenged by the applicant 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.

2.8. The applicant shall indemnify the City and its elected boards, commissions, officers, agents and employees and will hold and save them and each of them harmless from any and all actions, claims, liabilities, losses, damages, penalties, obligations and expenses, including but not limited to attorneys’ fees and costs, (collectively “claims”) against the City for any such claims and shall be responsible for any judgment arising therefrom. The City shall provide the applicant with notice of the pendency of such action and shall request that the applicant defend such action. The applicant may utilize the City Attorney’s office or use legal counsel of its choosing, but shall reimburse the City for any necessary legal cost incurred by City, including for the City’s required participation in defense of the claims. The applicant shall provide a deposit in the amount of 100% of the City’s estimate, in its sole and absolute discretion, of the cost of litigation, including the cost of any award of attorney’s fees, and shall make additional deposits as requested by City to keep the deposit at such level. If the applicant fails to provide or maintain the deposit, the City may abandon the action and the applicant shall pay all costs resulting therefrom and City shall have no liability to the applicant.

2.9. The City of Chino has an executive contract with Waste Management for all solid waste collection and hauling services within the City. The 1598

DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION

CONDITIONS OF APPROVAL
FILE NO.: PL24-0097 (SCUP), -0098 (SA) & -0120 (SCUP) DATE: July 16, 2025 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.

2.10. Any change in the project shall be reviewed by the Development Services Department for compliance with CEQA.

2.11. All proposed signs shall be designed to conform with the City’s Sign Code (Chino Municipal Code, Title 16 – Signs) and shall require separate application and approval by the Director of Development Services prior to installation.

2.12. 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 Planning Commission approval. Project approval shall not be complete until the required fee(s) is (are) paid:
[X] $50 for the Notice of Determination filing fee.

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

3.1. 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.

3.2. Revised plans, incorporating all conditions of approval, shall be submitted and approved by the Director of Development Services.

3.3. All plans shall be coordinated for consistency.

3.4. The applicant/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 applicant/developer shall also submit the above documents in digital format to the Building Division once approved.

3.5. A construction management plan shall be submitted and approved by the Director of Development Services. The plan shall coordinate and address construction activities that may impact residents and/or surrounding businesses in adjacent areas. Elements of the plan shall contain, but not be limited to, the following:
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DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION

CONDITIONS OF APPROVAL
FILE NO.: PL24-0097 (SCUP), -0098 (SA) & -0120 (SCUP) DATE: July 16, 2025 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 construction manager and the City’s Code Enforcement 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. This plan shall show which buildings and landscaping will be completed in which phases, and how each completed phase will be closed off from phases under construction so as to minimize conflict between construction vehicles, construction equipment, employees, and residents, as applicable.

3.6. 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.

3.7. 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 the City’s outside plan checker has completed one review 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 to comply with the City’s Water Efficient 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. If the site includes areas proposed to be placed within a City-maintained Landscape Maintenance District, then the plans shall be prepared on City of Chino, Engineering Division base sheets, and shall bear the seal of a landscape architect registered with the state of California. Original mylars shall be submitted to the City upon approval of plans by the City Engineer.
1600

DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION

CONDITIONS OF APPROVAL
FILE NO.: PL24-0097 (SCUP), -0098 (SA) & -0120 (SCUP) DATE: July 16, 2025

3.7.1. 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.

3.8. 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 the City’s 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.

3.9. All new ground-mounted utilities, including but not limited to cable television facilities, and telephone/fiber optic facilities, shall be undergrounded. Equipment 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 shall be reflected in a plan and shall be subject to the review and approval by the Director of Development Services.

3.10. 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.

3.11. 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 16, 2025, as prepared by Gateway Terminal LLC, O.C. Design & Engineering, Phil May Landscape Architecture and Pacific Consulting Group, Inc. 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.
1601

DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION

CONDITIONS OF APPROVAL
FILE NO.: PL24-0097 (SCUP), -0098 (SA) & -0120 (SCUP) DATE: July 16, 2025

3.12. 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.

3.13. 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. The condition shall be a minimum requirement for acceptance of construction drawings for the Building plan check review.

3.14. 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 applicant’s expense, prior to demolition 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.

3.15. A Water Quality Management Plan shall be prepared in accordance with County of San Bernardino requirements and submitted and approved by the City.

3.16. No grading permits shall be issued until all applicable biological resource mitigation measures, identified in the Addendum to the City of Chino General Plan Certified Environmental Impact Report (SCH# 2008091064) for the Chino Gateway Terminal Project, prepared by LSA Associates, Inc., dated June 2025, as they apply to the project area, have been complied with to the satisfaction of the Director of Development Services.

3.17. Special Condition:

3.17.1. The applicant shall reinforce the outdoor seating area to protect patrons and minimize damage in the event of a
vehicular collision, subject to review and approval of the Director of Development Services.

4.0 PRIOR TO START OF CONSTRUCTION:

4.1. A pre-construction meeting, scheduled with the Building Division, shall be held with all applicable City staff members, developer, contractor, superintendent, and all applicable subcontractors.
1602

DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION

CONDITIONS OF APPROVAL
FILE NO.: PL24-0097 (SCUP), -0098 (SA) & -0120 (SCUP) DATE: July 16, 2025

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

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

5.0 PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY:

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

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

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

5.4. 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.

5.5. 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.
1603

DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION

CONDITIONS OF APPROVAL
FILE NO.: PL24-0097 (SCUP), -0098 (SA) & -0120 (SCUP) DATE: July 16, 2025

5.6. 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.

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

6.0 ENVIRONMENTAL REQUIREMENTS & MITIGATION MEASURES:

6.1. Comply with all mitigation measures identified in the attached Mitigation Monitoring and Reporting Program contained within the Addendum to the City of Chino General Plan Certified Environmental Impact Report (SCH# 2008091064) for the Chino Gateway Terminal Project and attached as Exhibit “A” to the conditions of approval, which identifies each environmental mitigation measure, the time in which it will be implemented and the responsible party for monitoring its implementation.

7.0 OTHER REQUIREMENTS:

7.1. 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.

7.2. All existing buildings or structures on the project site that are proposed to be demolished shall be removed or razed within 90 days of the existing church vacating the site or issuance of a grading permit, whichever occurs first. 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.

7.3. The project site shall be cleared of all trash, debris, weeds, and other discarded items within two weeks of Planning Commission approval.

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.

7.4. 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.
1604

DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION

CONDITIONS OF APPROVAL
FILE NO.: PL24-0097 (SCUP), -0098 (SA) & -0120 (SCUP) DATE: July 16, 2025

7.5. 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.

7.6. Building and Site Design:

7.6.1. 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.

7.6.2. 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).

7.6.3. 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 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.

7.6.4. 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.

7.6.5. New ladders for roof access shall be mounted on the inside of the building or shall be completely concealed from view for commercial and industrial projects.

7.6.6. All new overhead doors, mechanical doors and/or man doors shall be color coordinated with the building.
1605

DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION

CONDITIONS OF APPROVAL
FILE NO.: PL24-0097 (SCUP), -0098 (SA) & -0120 (SCUP) DATE: July 16, 2025

7.6.7. An outdoor employee break area shall be provided at the northwest corner of the project site, in front of the industrial warehouse building. This area 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.

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

7.7. Parking and Lighting:

7.7.1. 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.

7.7.2. 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 installation. “Wall-paks” or other standardized exterior lighting shall not be permitted within public areas.

7.7.3. 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).

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

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

7.7.6. 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.

7.8. Refuse and Recycling:

7.8.1. Separate receptacles (bins) for the collection of refuse, recyclable, and organics materials shall be provided. An adequate 1606

DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION

CONDITIONS OF APPROVAL
FILE NO.: PL24-0097 (SCUP), -0098 (SA) & -0120 (SCUP) DATE: July 16, 2025 number of bins to allow for the collection of refuse recyclable, and organic materials generated by the development shall be provided.

7.8.2. Refuse, recyclable, and organics materials bins shall be enclosed by a 6-foot-high (1.83 m) wall with a solid roof that is 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.

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

7.8.4. All refuse, recyclable and organic 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 surrounded by a minimum 18” wide planter area for the purpose of providing landscape material.

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

7.9. Phased Projects:

7.9.1. All required street improvements and a minimum of 10 feet of landscaping on private property shall be installed in conjunction with the construction of Phase 1 of the proposed project. The landscaping within this area shall be included in the landscape maintenance program.

7.9.2. Prior to the first occupancy permit, all undeveloped building pads shall be improved according to the following requirements:

7.9.3. For an undeveloped building pad located adjacent to the street or main drive aisle of the site, the area shall be landscaped with a 1607

DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION

CONDITIONS OF APPROVAL
FILE NO.: PL24-0097 (SCUP), -0098 (SA) & -0120 (SCUP) DATE: July 16, 2025 planting scheme consisting of a low-maintenance drought tolerant erosion control mix of Cucamonga brome (20 lbs/acre), tomcat clover (4 lbs/acre and small fescue (8 lbs/acre) at a minimum of 85% PLS (pure live seed). The irrigation system shall consist of low precipitation sprinkler heads and/or drip system. In addition, shrubs may be required to provide screening from the street, if determined needed by the Director of Development Services.

Said treatment shall be incorporated into the required landscape and irrigation plans.

7.9.4. For a larger phased area located on the interior of the site, a construction fence/green screen may be provided in lieu of the landscape treatment. The fence shall be maintained in good condition at all times.

7.10. Chino Climate Action Plan:

7.10.1. Per Section 15.45.070 of the Chino Municipal Code, demonstrate consistency with the Chino Climate Action Plan by implementing one of the following three options:
a) Exceed the mandatory California Energy Code Title 24, Part 6 standards in effect at the time of application submittal by 5%; or b) Achieve an equivalent reduction through voluntary measures in the California Green Building Standards Code, Title 24, Part 11 (CALGreen) in effect at the time of application submittal; or c) Provide other equivalent greenhouse gas (GHG) reductions through measures including but not limited to, non-vehicle transportation infrastructure, transit, ZEV (zero emission vehicle) infrastructure or other incentives, waste diversion, water conservation, tree planting, renewable energy option packages, or any combination of these or other measures such that GHG emissions are reduced by 0.74 MT CO2e per residential dwelling unit per year and/or per TSF of commercial/industrial use per year.

Applicants that choose Option a described above will be required to verify that their project meets the 5% improvement above the mandatory standards through the appropriate certificate of compliance form for residential construction (CF-1R) or for commercial/industrial construction (PERF-1C). Applicants that choose Options b or c described above will be required to utilize the GHG Performance Standard Checklist developed by the City, or provide other valid documentation, such as CalEEMod or other methodologies, as verified by the Director of Development 1608

DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION

CONDITIONS OF APPROVAL
FILE NO.: PL24-0097 (SCUP), -0098 (SA) & -0120 (SCUP) DATE: July 16, 2025 Services to demonstrate the required GHG reductions consistent with the City's CAP.

8.0 CONSTRUCTION SITE SECURITY:

8.1. Each site shall be completely encircled by a minimum 6' tall securityquality chain link fence once precise grading has been completed or as determined by the Deputy Director of Development Services.

8.2. 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.

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

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

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

8.6. “No Trespassing” signs shall be attached to the exterior of the fence at a minimum distance of a third of a mile and at all entrances.

8.7. 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.

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

8.9. 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.

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

8.11. 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.

8.12. Each site will have an assigned Crime Prevention Manager who is responsible for the following:
1609

DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION

CONDITIONS OF APPROVAL
FILE NO.: PL24-0097 (SCUP), -0098 (SA) & -0120 (SCUP) DATE: July 16, 2025 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 PM and 7 AM.
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.

9.0 THE APPROVED USES SHALL BE OPERATED IN ACCORDANCE WITH THE FOLLOWING:

9.1. All operations shall not create a nuisance due to noise, odor, dust, mud, smoke, steam, vibration or other similar causes.

9.2. The operation or activity shall not cause the emission of any smoke, fly ash, dust, fumes, vapors, gases, or other forms of air pollution that can cause damage to human health, vegetation, or other forms of air pollution that can cause excessive soiling on any other parcel. No emission shall be permitted which exceeds the requirements of the South Coast Air Quality Management District or the requirements of any Air Quality Plan adopted by the City of Chino.

9.3. The operation or activity shall not emit odorous gases or other odorous matter in such quantities as to be dangerous, injurious, noxious, or otherwise objectionable to a level that is detectable with or without the aid of instruments at or beyond the project site boundary.

9.4. The operation shall not discharge, at any point, into any public or private street, public sewer, storm drain, private stream, body of water, or into the ground, any material which can contaminate any water supply, interfere with bacteriological processes in sewerage treatment, or otherwise cause the emission of dangerous or offensive elements, except in accordance with the standards approved by the California Department of Public Health, or any other federal, state or local government agency. 1610

DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION

CONDITIONS OF APPROVAL
FILE NO.: PL24-0097 (SCUP), -0098 (SA) & -0120 (SCUP) DATE: July 16, 2025

9.5. No operation or activity shall emit heat or cold that would cause a temperature increase or decrease on any adjacent parcel in excess of 100F (5.560C).

9.6. No operation or activity shall cause any impermissible source of electronic disturbance that adversely affects persons or the operation of any equipment on any other parcel that is not in conformance with the regulations of the Federal Communications Commission (FCC).

Impermissible interference for the purposes of this document shall mean any interference that violates the rules and regulations of the FCC and/or the Communications Act of 1934, as amended.

9.7. No operation or activity shall be permitted to cause a steady state, earthborne oscillation which is continuous and occurring more frequently than 100 times per minute beyond the project site. Ground vibration caused by moving vehicles, trains, aircraft, or temporary construction or demolition is exempted from this requirement.

9.8. Noise emanating from the project site, and which is received by adjacent land uses, shall not exceed the levels specified below, except that loudspeakers, bells, gongs, buzzers or other noise attention or attracting devices shall not exceed a maximum daytime dBA level of 60 and nighttime dBA of 40, measured anywhere beyond the boundaries of the property within which the noise is created.

Attachment:

Exhibit “A” – Mitigation Monitoring and Reporting Program Maximum Time of
Exposure
Noise
Metric
Noise Level Not To Be Exceeded
7 a.m. to 10 p.m. 10 p.m. to 7 a.m.
30 Minutes/Hour L50 55 dBA 50 dBA
15 Minutes/Hour L25 60 dBA 55 dBA
5 Minutes/Hour L8.3 65 dBA 60 dBA
One Minute/Hour L1.7 70 dBA 65 dBA
Any Period of Time Lmax 75 Dba 70 dBA
1611

MITIGATION MONITORING AND REPORTING PROGRAM

CHINO GATEWAY TERMINAL PROJECT
Mitigation Monitoring and Reporting Program 1
This Mitigation Monitoring and Reporting Program has been prepared for use in implementing mitigation for the:

Chino Gateway Terminal Project
Special Conditional Use Permits (PL24-0097 and PL24-0120), Site Approval (PL24-0098) The program has been prepared in compliance with State law and Addendum to The City of Chino General Plan Environmental Impact Report (State Clearinghouse No. 2008091064) 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 City of Chino General Plan Environmental Impact Report (State Clearinghouse No. 2008091064).

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 shall monitor and report on all mitigation activities.

Mitigation measures shall be implemented at different stages of development throughout the project site. In this regard, the responsibilities for implementation have been assigned to the Applicant, City, 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 shall then inform any affected responsible agencies. The City, in conjunction with any affected responsible agencies, shall then determine if modification to the project is required and/or whether alternative mitigation is appropriate.

REGULATORY COMPLIANCE MEASURES
Regulatory Compliance Measures 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. Regulatory Compliance Measures outline compliance with various federal, State, and/or local acts, laws, rules, regulations, municipal codes, policies, etc. 1612

MITIGATION MONITORING AND REPORTING PROGRAM

CHINO GATEWAY TERMINAL PROJECT
Mitigation Monitoring and Reporting Program 2

THIS PAGE INTENTIONALLY LEFT BLANK
1613

MITIGATION MONITORING AND REPORTING PROGRAM

CHINO GATEWAY TERMINAL PROJECT
Mitigation Monitoring and Reporting Program 3

MITIGATION MONITORING AND REPORTING PROGRAM CHECKLIST
Project Name: Chino Gateway Terminal Project Applicant: Gateway Terminal, LLC.

Date: June 13, 2025
Mitigation Measure No. / Implementing Action
Responsible
for
Monitoring Timing of Verification Method of Verification Verified
Date/
Initials
Sanctions for
NonCompliance
V.1. AESTHETICS
Since there are no significant impacts related to aesthetics as a result of the project, no mitigation measures are required.

V.2. AGRICULTURAL RESOURCES
Since there are no significant impacts related to agricultural resources as a result of the project, no mitigation measures are required.

V.3. AIR QUALITY AND GREENHOUS EGAS EMISSIONS
Since there are no significant impacts related to air quality and greenhouse gas emissions as a result of the project, no mitigation measures are required.

V.4. BIOLOGICAL RESOURCES
Since there are no significant impacts related to biological resources as a result of the project, no mitigation measures are required.

V.5. CULTURAL RESOURCES
Since there are no significant impacts related to cultural resources as a result of the project, no mitigation measures are required.

V.6. GEOLOGY/SOILS and MINERAL RESOURCES
Since there are no significant impacts related to geology/soils and mineral resources as a result of the project, no mitigation measures are required.

V.7. HAZARDS & HAZARDOUS MATERIALS
Since there are no significant impacts related to hazards and hazardous materials as a result of the project, no mitigation measures are required.

V.8. HYDROLOGY/WATER QUALITY
Since there are no significant impacts related to hydrology/water quality as a result of the project, no mitigation measures are required.

V.9. LAND USE and PLANNING
Since there are no significant impacts related to land use and planning as a result of the project, no mitigation measures are required. 1614

MITIGATION MONITORING AND REPORTING PROGRAM

CHINO GATEWAY TERMINAL PROJECT
Mitigation Monitoring and Reporting Program 4
Project Name: Chino Gateway Terminal Project Applicant: Gateway Terminal, LLC.

Date: June 13, 2025
Mitigation Measure No. / Implementing Action
Responsible
for
Monitoring Timing of Verification Method of Verification Verified
Date/
Initials
Sanctions for
NonCompliance
V.10. NOISE
Since there are no significant impacts related to noise as a result of the project, no mitigation measures are required.

V.11. POPULATION/HOUSING
Since there are no significant impacts related to population/housing as a result of the project, no mitigation measures are required.

V.12. PARKS and PUBLIC SERVICES
Since there are no significant impacts related to parks and public services as a result of the project, no mitigation measures are required.

V.13. TRANSPORTATION/TRAFFIC
Since there are no significant impacts related to transportation/traffic as a result of the project, no mitigation measures are required.

V.14. UTILITY SYSTEMS and INFRASTRUCTURE
Since there are no significant impacts related to utility systems and infrastructure as a result of the project, no mitigation measures are required.

V.15. ENERGY
Since there are no significant impacts related to energy as a result of the project, no mitigation measures are required.

V.16. VEHICLE MILES TRAVELED
Since there are no significant impacts related to vehicle miles traveled as a result of the project, no mitigation measures are required.

V.17. TRIBAL CULTURAL RESOURCES
Since there are no significant impacts related to tribal cultural resources as a result of the project, no mitigation measures are required.

V.18. WILDFIRE
Since there are no significant impacts related to wildfire as a result of the project, no mitigation measures are required. 1615

MITIGATION MONITORING AND REPORTING PROGRAM

CHINO GATEWAY TERMINAL PROJECT
Mitigation Monitoring and Reporting Program 5

REGULATORY COMPLIANCE MEASURES
Project Name: Chino Gateway Terminal Project Applicant: Gateway Terminal, LLC.

Date: June 16, 2025
Regulatory Compliance Measure / Implementing
Action
Responsible
for Monitoring Timing of Verification Method of Verification Verified
Date/
Initials
Sanctions for
NonCompliance
V.4. BIOLOGICAL RESOURCES
REGUATORY COMPLIANCE MEASURE BIO-1: A
preconstruction survey for burrowing will be conducted
within 30 days prior to initial ground disturbance. If
burrowing owl is found on the site, the developer will
consult with California Department of Fish and Wildlife (CDFW) and relocate the owls in accordance with CDFW
burrowing owl relocation protocols, including the
creation of artificial burrows.

City of Chino
Director of
Development
Services, or
designee.

Within 30 days prior to initial
ground disturbance and during
construction.

Evidence to the City a
qualified biologist is
retained, the required
pre-construction survey
has been completed, and,
if necessary, appropriate
consultation with the
CDFW and relocation of
owls in accordance with
CDFW burrowing owl
relocation protocols,
including the creation of
artificial burrows, has
occurred.

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

REGUATORY COMPLIANCE MEASURE BIO-2: If tree
removal is to be conducted during the nesting season
(February through August), a preconstruction nesting
bird survey shall be conducted by a qualified avian
biologist to ensure that active bird nests would not be disturbed or destroyed. The survey shall be completed no more than three days prior to initial clearing of
vegetation. The nesting bird survey shall include the
project site and adjacent areas where project activities have the potential to affect active nests, either directly or indirectly, due to construction activity, noise, human
activity, or ground disturbance.

If an active nest is identified, a qualified avian biologist shall establish an appropriately sized non-disturbance
City of Chino
Director of
Development
Services, or
designee.

No more than three days prior
to initial clearing of vegetation
if tree removal is to be
conducted during the nesting
season (February through
August).

Evidence to the City a
qualified avian biologist is
retained, the required
pre-construction survey
has been completed, and,
if necessary, appropriate
buffers have been
implemented and
enforced until the nest is
deemed inactive by the
qualified avian biologist.

Withhold
grading permit
and/or issuance
of a stop work
order.
1616

MITIGATION MONITORING AND REPORTING PROGRAM

CHINO GATEWAY TERMINAL PROJECT
Mitigation Monitoring and Reporting Program 6
Project Name: Chino Gateway Terminal Project Applicant: Gateway Terminal, LLC.

Date: June 16, 2025
Regulatory Compliance Measure / Implementing
Action
Responsible
for Monitoring Timing of Verification Method of Verification Verified
Date/
Initials
Sanctions for
NonCompliance
buffer between 100 and 300 feet (500 feet for raptors)
around the nest, depending on bird species, behavior,
and level of construction activity, using flagging or
staking. Construction activities shall not occur within any non-disturbance buffer zones until the nest is deemed
inactive by the qualified avian biologist.
1617

PUBLIC WORKS CONDITIONS OF APPROVAL
Reviewed/Approved By: JP Date: 7/1/2025
Template Rev. 2/11/2025
PROJECT NO. PL24-0097 (SCUP)/-0098 (SA)/-0120(SCUP)
DATE: July 1, 2025 PC MEETING DATE: July 16, 2025
PROJECT DESCRIPTION: Proposal for a new mixed use development of two buildings: a building with 158,548 sq ft of industrial warehouse uses and 3,520 sq ft of food and beverage use building. Existing structures, totaling 17,716 SF, are to be demolished. Four (4) lots will be merged into two (2) lots.

PROJECT LOCATION: 5849 Schaefer Avenue
APPLICANT: Gateway Terminal LLC PROJECT ENGINEER: Daniel Aguirre

PRIOR TO THE THREE 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 PUBLIC WORKS DIRECTOR SHALL HAVE THE

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

1.0 PRIOR TO ISSUANCE OF BUILDING OR CONSTRUCTION PERMITS:

1.1. 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 by 8½-inch standard format.

1.2. Make the following dedications:

Street Name Distance Direction From C/L
Oaks Ave 33-ft total from CL to ROW West
(3-ft dedication)

1.2a Dedicate to the City of Chino, a corner cutoff dedication at the southwest corner of Schaefer Ave. and Oaks Ave., per the City’s Municipal Code.

1.2b Prepare and record necessary drainage easements to implement the project in accordance with drainage law.

1.3. Apply for and record a Lot Merger (LM) prior to the issuance of building permits. Record a Conforming Deed with the County of San Bernardino within six months of the recordation of the LM to conform the new legal description. Submit a copy of the recorded Conforming Deed to the Public Works Department.

1.4. 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 Drainage Plan by identifying off-site and on-site storm water runoff impact 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 mitigation measures.
1618
PROJECT NO. PL 24-0098 (SA) 2 July 1, 2025

1.5. 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.

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

1.7. 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.

1.8. Design per City Standards and construct full public improvements for all impacted and interior streets/facilities in accordance with City Code, Standards and Specifications. Such public improvements shall include, but not be limited to, the following (1):

Street Names
Schaefer
Ave
Oaks
Ave
Curb & Gutter (Offset from Centerline) 36’ 22’
Sidewalk (Width) 5’ (2) 5’ (2)
Asphalt Concrete Pavement on Aggregate
Base (Width from Centerline)
Asphalt Concrete Overlay (3) X X
Street Lights (4) X X
Median Island and Landscaping
Parkway Landscaping (5) X X
Striping and Traffic Controls (6) X X
Traffic Signal Interconnect
Conduit System for CATV
Sewer (7) X
Storm Drain X
Domestic Water (8) X X
Recycled Water
Fire Hydrants as required by CVIFD (9) X X
Driveways approaches (10) X X

1. The public improvements listed above are required along the south side of Schaefer Avenue and the west side of Oaks Avenue as specified in our municipal code and per the City of Chino’s General Plan. All required street improvements should follow the new City standard for street trenching backfill and repair. Repair all damage to existing public improvements due to the proposed construction activities and as requested by the Public Works Inspector.

2. The sidewalk shall be extended along the project frontage on Schaefer Ave to the existing catch basin located near the northwesterly corner of the project site. ADA ramps shall be constructed at the southwest and southeast corners of Schaefer and Oaks to align with ADA standards.

3. Grind and overlay a minimum of 2 inches of the existing asphalt pavement along the project frontage in accordance with City of Chino standards. The limits of work shall extend to the street centerline along Oaks Avenue. The extent of asphalt pavement along Schaefer Avenue shall be determined based on the limits shown on the approved precise grading plan, including any areas impacted by new driveway installation, utility connections, or accessibility improvements.

4. Streetlights shall be installed per City of Chino standards and shall utilize an unmetered service pedestal.

5. The parkway maintenance shall be the responsibility of the property owner.

6. Extent of the signing & striping plan shall be dictated by the City Traffic Engineer.

7. Abandon unused sewer service(s) where applicable, per City standards. 1619
PROJECT NO. PL 24-0098 (SA) 3 July 1, 2025

8. Provide new water meters and services and abandon unused water meters and services where applicable, per City standards.

9. All existing fire hydrants that require relocation will need to be upgraded to the latest model per City of Chino standards.

10. All proposed driveway approaches shall be constructed per City Std. No. 250 with 5-ft sidewalks.

Minimum width shall be 30-ft. Minimum radii per City and Chino Valley Independent Fire District (CVIFD) requirements.

1.9. All improvements shall comply with federal, state, and local accessibility regulations and standards. a. 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. b. Where accessibility standards are contradictory, the provision that provides the most accessible (restrictive) condition shall apply.
c. Where the project’s conditions of approval conflict with accessibility regulations and standards, the prevailing provision shall be determined by City’s Accessibility Coordinator and City Engineer.

Pedestrian facilities (privately or publicly owned) that are open to the public shall comply with the City's Policy on Accessible Pedestrian Facilities, accessibility standards in the CBC, and ADA regulations at Part 36 of Title 28, which include the 2010 (ADA) Standards.

Accessibility of existing and proposed building improvements will be evaluated by the City’s building department. Those comments and requests are in addition to those provided herein.

1.10. 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 stubbedout sewer lateral connection into the main sewer for each industrial building in this development.

1.11. Execute a Public Improvement Agreement and submit security in an amount acceptable to the City Engineer to guarantee construction of the public improvements listed in 1.8. 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.

1.12. Complete and file the petition for annexation of your project property to the City's Landscape and Street Lighting Maintenance District MD 2002-01.

1.13. Annex into the current services special tax community facilities district of the City (the “City Services CFD”) through the submission of an application to the City’s Finance Department along with the payment of $11,000.00 plus the per parcel fee, for the City’s outside costs of the annexation process, or (II) form a new City community facilities district with a services special tax component commensurate with the City Services CFD, or (III) provide a lump sum payment to the City which, based on current interest rate conditions, is projected to finance in perpetuity the same services projected to be provided through annexation into the City Services CFD. Upon completion of the annexation, an annual special tax will be assessed on the property tax bill to each Assessor Parcel at an established rate set by the City Services CFD document entitled “Rate and Method of Apportionment” available for review in the CFD Annual Report located at:
https://www.cityofchino.org/222/Community-Facilities-District-Mello-Roos This annual tax is used to fund Police, Fire and other municipal services provided to residents and businesses in the general City.
1620
PROJECT NO. PL 24-0098 (SA) 4 July 1, 2025

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

1.15. Comply with all applicable requirements of the City Code.

1.16. The project must ensure that all pedestrian facilities (private or publicly owned) that are open to the public shall comply with accessibility standards in the City’s 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. This includes 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 and shall comply with the City’ Policy on Accessible Pedestrian Facilities); c. Pedestrian crossings at driveways; and
d. Crosswalks (marked, unmarked, signalized)

1.17. 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 sidewalks improvements. The frontage may include sidewalks, curb ramps, connecting crosswalks (marked and unmarked), and other associated pedestrian facilities (on-street parking space, etc.). a. The following existing improvements shall be made compliant with accessibility regulations as a part of this project:
i. sidewalks/walks
ii. curb ramps near the southwest and southeast corners of Schaefer Ave and Oaks Ave iii. crosswalk pavement and associated pedestrian facilities (pedestrian push buttons, maneuvering space, clear space)
iv. driveway approaches crossings
v. parking space
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 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, dimensions and slopes of maneuvering spaces and landings, width of sidewalk, clear 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 remediated and brought up to accessibility standards as part of the project.

1.18. Pay all applicable fees pursuant to City 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 Section 3.40.100 1621
PROJECT NO. PL 24-0098 (SA) 5 July 1, 2025
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 Section 3.40.080(B) or 3.45.080(B).

1.19. 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 Water Resources Control Board’s (SWRCB) General Permit for storm water discharges associated with construction activity. Proof of filing a Notice of Intent (NOI) with the SWRCB for coverage under this permit is required. A copy of the Waste Discharger’s Identification Number (WDID), issued by 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.

1.20. 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 and include the Trash Order Implementation Plan requirements.

1.21. 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.

1.22. City staff shall determine the type of water (potable or recycled) to be used for grading operations, dust control activities, and common area/public landscape irrigation at the time of permit issuance.

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

1.24. 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.

1.25. Comply with all requirements of the Traffic Impact Analysis (TIA) dated May 21, 2025 including participation in fair share contributions (if applicable) and construction of required improvements.

1.26. If the design of the proposed curb ramps requires modifications to the existing traffic signal at the intersection of Schaefer Avenue and Oaks Avenue, the developer shall be responsible for implementing those modifications. During construction, the developer shall be responsible for any damages attributed to the construction of related public improvements and shall coordinate with the Transportation Division and the City’s designated traffic signal maintenance company for technical support of the traffic signal during construction until such time as the improvements are accepted by the City to the satisfaction of the City Engineer.

1.27. 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. 1622
PROJECT NO. PL 24-0098 (SA) 6 July 1, 2025

1.28. The Developer may coordinate with the City to identify any eligible development impact fee (DIF) credits in accordance with the Chino Municipal Code. If any credits are identified, the Developer shall enter into a mutually agreed-upon DIF credit agreement with the City, which shall be subject to City Council approval.

2.0 PRIOR TO REQUEST FOR AND RELEASE OF OCCUPANCY PERMITS/ACCEPTANCE OF PUBLIC IMPROVEMENTS:

2.1. Construct and secure Public Works Department approval of all public facilities enumerated under Section 1.0 above (per Resolution No. 88-23).

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

2.3. 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.

2.4. The applicant’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.

2.5. 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.

2.6. Pay all remaining applicable fees pursuant to City Code.

2.7. Rehabilitate all street pavement impacted by utility trench repairs as directed by City staff. Install signing and striping per approved plans.

2.8. Submit to the City, electronic files of Tract/Parcel Map and “as-built” improvement plans in AUTOCAD, Esri 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.

3.0 PRIOR TO FINAL ACCEPTANCE/PROJECT CLOSEOUT:

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

3.2 Submit to the City, electronic files of “as-built” improvement plans in AUTOCAD, Esri 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.

Attachment
1623
Rev 6/6/23

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

DEVELOPMENT ENGINEERING DIVISION
PROJECT NO. PL24-0097(SCUP)/-0098 (SA)/-0120 (SCUP)
PROJECT ENGINEER: Daniel Aguirre
DATE: 7/1/2025

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 Plan Check Fee Calculation Form
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
Storm Drain Plans
Hydrology and Hydraulic Calculations with Backup Data (Signed and Sealed by a Registered Civil Engineer)
Engineering Cost Estimate (On City Forms) with Engineer’s Wet Signature and Stamp Street Improvements Plans
Cross-Sections (if street plans are required) at 50’ intervals and extended a minimum of 100’ beyond limits of improvements
Sewer Plans (Delta revisions for proposed connections)
Domestic Water Plans (Delta revisions for proposed connections) Recycled Water Plans
Street Light Plans
Voltage Drop Calculations (Signed and Sealed by a Registered Engineer) Signing and Striping Plans
Traffic Signal Interconnect Plans
Traffic Signal Plans (dependent on curb ramp design)
Water Quality Management Plan
Construction Management Plan
1624
Special Districts Leadership Foundation - District of Distinction Since 2008 June 25, 2025
It is a recommendation of the Fire District that the developer of every new construction project facilitate a preconstruction meeting. The meeting is to be scheduled with the Fire District Inspector for said project.

The following are the conditions of the above referenced permit/project. All conditions shall be adhered to, failure to comply with said conditions may result in the revocation of said permit and/or punitive fines as outlined in the Fire District fee schedule.

We look forward to a cooperative working relationship throughout the project. Should you have any questions regarding the project, including the conditions as set forth herein, please feel free to contact our office at (909) 902-5280.

1.0 THE ITEMS BELOW ARE CONDITIONS OF APPROVAL AND ARE TO BE COMPLETED PRIOR TO RECORDATION:

1.1 Fire access roads shall be designed and plans submitted to the Fire District for approval.

Fire access roads shall be constructed of an all-weather hard surface, such as, asphalt or concrete, and be a minimum unobstructed width of 26 feet and minimum clear height of 13’6”. The road grade shall not exceed twelve percent (12%) maximum. An approved turn around shall be provided at the end of each roadway in excess of 150 feet in length. Aerial access shall be provided for any buildings 30’ ft. and higher per 2019 CFC. Appendix D. A 26’ ft. wide access road shall be a minimum of 15’ ft. to the building and a maximum of 30’ ft. from the building. Access roads shall comply with Fire District Standard No. 111.

Chino Valley Fire District
14011 City Center Drive
Chino Hills, CA 91709
(909) 902-5260 Administration
(909) 902-5250 Fax
Chinovalleyfire.org
2024-00002066
Fire Protection Requirements

GATEWAY TERMINAL LLC
13925 CITY CENTER DR STE 200
CHINO HILLS, CA - California 91709
Project Name: GATEWAY TERMINAL, PL24-
0097(SCUP), PL24-0098 (SA), PL24-0120
Project Address: 5835 & 5885 Schaefer Ave.

Chino, CA. 91710

Board of Directors
Sarah-Ramos Evinger
President
Mike Kreeger
Vice President
Tom Haughey
Harvey Luth
Andrew Romaine
Fire Chief
Dave Williams
1625
Special Districts Leadership Foundation - District of Distinction Since 2008

1.2 The development and each phase shall have two (2) points of vehicular access during construction. Fire District Standard No. 111 shall be complied with.

1.3 Water systems shall be designed to meet the required fire flow of this development and be approved by the Community Risk Reduction Division. Buildings in excess of 100,000 square feet shall have a minimum of two (2) connections to a public main. The developer shall furnish the Community Risk Reduction Division with three (3) copies of the water system working plans done by the installing contractor for approval, along with the Fire Flow Availability Form completed by the water purveyor prior to recordation. The required fire flow shall be determined by using the California Fire Code, current adopted edition. For all private systems, the water systems shall comply with Fire District Standard Nos. 101, 102, and 103. In areas without water-serving utilities, fire protection water systems shall be based on NFPA Pamphlet 1231. For water connections and work conducted in the public right of way, please refer to separate plans reviewed and approved by the water purveyor.

1.4 Fire hydrants shall be six-inch (6") diameter with a minimum one four-inch (4") and one two and one-half inch (2-1/2") connections. All fire hydrants shall be spaced a maximum of three hundred feet (300') apart. Private water systems shall comply with Fire District Standard Nos. 101, 102, and 114. All hydrants shall be installed with pavement markers to identify their locations.

1.5 Access drives which cross property lines shall be provided with CC & R's, access easements or reciprocating agreements and shall be recorded on the titles of affected properties. Copies of the recorded documents shall be provided at the time of Fire District plan review.

1.6 Underground fire mains which cross property lines shall be provided with CC & R's, easements, or reciprocating agreements addressing the use and maintenance of the mains and hydrants and shall be recorded on the titles of affected properties. Copies of the recorded documents shall be provided at the time of Fire District plan review.

2.0 THE ITEMS BELOW ARE CONDITIONS OF APPROVAL AND ARE TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMIT:

2.1 Fire access roads shall be constructed and approved by the Community Risk Reduction Division prior to combustibles being brought onto the site.

2.2 Approved street signs shall be installed prior to issuance of building permits, as well as a job site address.

2.3 Fire Protection water systems shall be tested, operational, and approved by the Community Risk Reduction Division prior to combustible materials being brought to the site.

2.4 All flammable vegetation shall be removed from each building site for a minimum distance of thirty feet (30') from any flammable building material including all structures. 1626
Special Districts Leadership Foundation - District of Distinction Since 2008

2.5 A detailed site plan of the development is required to be submitted in electronic (pdf.) format. The plan must show and be limited to: locations of property lines, buildings, and equipment and hazards for emergency response purposes. Please refer to Fire District Standard No. 143. Additional or revised files may be required during construction and/or prior to final signoff.

2.6 The Developer shall submit, as an electronic file, a drawing of the new streets in pdf format to the Fire District with the building construction plans. Format must contain and be restricted to the following layers: A. Right of way; B. Parcel Lines; C. Street Names; D. Address numbers; E. Fire Hydrants. Additional or revised files may be required during construction and/or prior to final signoff.

3.0 THE ITEMS BELOW ARE CONDITIONS OF APPROVAL AND ARE TO BE COMPLETED PRIOR TO OCCUPANCY:

3.1 An automatic protection fire sprinkler system is required for all buildings 5,000 sq. ft or greater. and/or when used for allowable area increase, if applicable. This system shall comply with NFPA Standard No. 13 and Fire District Standard No. 110. An electronic/PDF set of detailed plans along with hydraulic calculations and material specifications shall be submitted to the Community Risk Reduction Division. The system shall be installed, tested and approved prior to system final. Fire sprinkler systems shall be installed by a licensed C-16 contractor and the contractor is required to submit a report to The Compliance Engine (TCE).

3.2 An automatic fire alarm system is required. An electronic/PDF set of detailed plans shall be submitted showing the design, system components, signaling devices, fire alarm power supply, control panel and auxiliary devices and functions of the alarm system. Please refer to Fire District Standard No. 133 and current adopted editions of the California Building Code, as well as NFPA Standard 72. The contractor is required to submit a report to The Compliance Engine (TCE).

3.3 Approved in-building, two-way emergency responder communication coverage for emergency responders shall be provided in all new buildings, if ERRC evaluation determines the need for installation of system. In-building, two-way emergency responder communication coverage within the building shall be based on the existing coverage levels of the public safety communication systems utilized by the jurisdiction, measured at the exterior of the building. System shall comply with current adopted edition of the California Fire Code, NFPA 70, 72 & 1221 and the contractor is required to submit a report to The Compliance Engine (TCE).

3.4 An automatic fixed fire extinguishing system may be required. An electronic/PDF set of detailed plans shall be submitted to the Community Risk Reduction Division for approval.

System shall comply with current adopted edition of the California Fire Code, NFPA Standard 17-A, and UL 300. Please refer to Fire District Standard No. 112. The contractor is required to submit a report to The Compliance Engine (TCE).

3.5 Insulated liquid carbon dioxide systems with more than 100 pounds (45.4 kg) of carbon dioxide used in beverage dispensing applications shall comply with CFC, Section 5307.3.1., and shall be provided with mechanical ventilation or a gas detection system. The contractor is required to submit a report to The Compliance Engine (TCE). 1627
Special Districts Leadership Foundation - District of Distinction Since 2008

3.6 A maximum occupant load sign shall be posted in a conspicuous location neat the main entrance/exit of the room, if occupant load is greater than 49 people. Such sign shall be legible.

3.7 Hand-held portable fire extinguishers are required to be installed. The location, type and cabinet design shall be approved by the Community Risk Reduction Division.

3.8 Exits, doors, signs and approved path marking shall be installed in accordance with the current adopted edition of the California Building Code, Section 1007

3.9 "No Parking - Fire Lane" signs shall be installed in interior access drives at locations designated by the Community Risk Reduction Division. Curbs shall be painted red at locations designated by the Community Risk Reduction Division. Please refer to Fire District Standard No. 121.

3.10 An approved recessed Fire Department "KNOX" brand key box is required. The key box shall be located at or near the main entrance(s), and shall be provided with a tamper switch and shall be monitored by an approved central station monitoring service. Please refer to Fire District Standard No. 117.

3.11 An approved Knox key switch and/or Knox lock is required on each automatic electric or manual gate that crosses an EVA. All automatic gates shall be provided with a manual override. Fire District Standard No. 116 & 117 shall be complied with.

3.12 Commercial, industrial, and multi-family building addresses shall be posted with a minimum eight inch (8") numbers, visible from the street and during the hours of darkness they shall be internally or externally electrically illuminated. Posted numbers shall contrast with the background used and be legible from the street.

Where building set back exceeds 100 feet from the roadway, additional non-illuminated six inch (6") numbers shall be displayed at the property access entrance. These numbers shall also contrast with the background used. Fire District Standard No. 122 must be complied with.
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Special Districts Leadership Foundation - District of Distinction Since 2008

3.13 An electronic/PDF set of plans shall be submitted separately for each of the following listed items to the Fire District for review, approval and permit prior to any installation or work being done. Approved plans must be maintained at the worksite during construction. Fees are due at the time of submittal.

a) Building Construction, includes tenant improvement work b) Private (onsite) Underground Fire Protection Water Systems, if applicable c) Fire Sprinkler Systems, designed by C16 contractor or registered engineer d) Fire Alarm Systems or Sprinkler Monitoring Systems designed by a C7, C10 contractor or registered engineer.
e) Knox box and/or security gate locations.
f) Gas detection systems
g) Emergency Responder Radio Coverage Systems
Applicable Standards:
101, 102, 103, 110, 111, 114, 117, 121, 122, 133, 141, 143 CVFD Standards available online at http://www.chinovalleyfire.org 1629

Page 1 of 2 ends

Appeal Application
CITY of CHINO
Development Services Department
Planning Division
13220 Central Avenue
Chino, CA 91710
(909) 334-3253
www.cityofchino.org
Staff Use Only
File No. Date Received Filing Fee
 Resident
 Non-Resident
Received By
Related Files Time Received Receipt No. Supervisor Authorization The applicant or any interested aggrieved person may appeal the determination of the Development Services Director or Planning Commission within ten (10) calendar days from the date of such determination. The appeal must be in writing in accordance with Section 20.23.150 of the City of Chino Zoning Ordinance. The required appeal fee as adopted by the City Council must accompany an appeal to the Planning Commission of a decision of the Development Services Director or an appeal to the City Council of a decision of the Planning Commission or it will be considered incomplete and the appeal will not be considered. A building permit will not be issued until after the 10-day appeal period is complete. If an action of the Commission is appealed, the City Council will hear the appeal and render a final decision.

Appeal Process
 An appeal to the Planning Commission of an administrative action or determination  An appeal to the City Council of a Planning Commission action or determination  An appeal to the City Council of an environmental action or determination Type of Appeal Requested
Project number(s):

Project address or location:

Contact Name: Phone Number:

Email Address: Fax Number:

Mailing Address:

Appellant’s Name: Phone Number:

General Information (Print of Type)
Supporters Alliance for Environmental Responsibility (SAFER) 510-836-4200 1939 Harrison Street, Suite 150 Oakland, CA 94612
[email protected]
Victoria Yundt 510-836-4200
X
PL24-0097, PL24-0098, PL24-0120
Located at the southwest corner of Schaefer Avenue and Oaks Avenue (APNs: 1021-052-04, -06, -09 and -11) Specific action or decision which is being appealed:

The Planning Commission's July 16, 2025 decisions to (1) adopt Resolution No. PC2025-012, approving the Chino Gateway Terminal Project including PL24-0097 (Special Conditional Use Permit), PL24-0098 (Site Approval), and PL24-0120 (Special Conditional Use Permit); and (2) adopt an Addendum to the City of Chino General Plan Environmental Impact Report (SCH No. 2008091064), certified in 2010, for the Project.

Specific grounds for the appeal, and the relief requested is as follows:

The grounds for this appeal are set forth in the attached letter, dated July 15, 2025. SAFER requests that the City Council withdraw the Planning Commission's approval of the Project and Addendum and direct staff to prepare an initial study for the Project, followed by a project-specific EIR or negative declaration as required by CEQA.

EXHIBIT C
1630

Page 2 of 2 ends

Appellant’s Affidavit
I hereby certify that the statements and information contained herein are in all respects true and correct to the best of my knowledge and belief.

Appellant’s Signature: _________________________________________ Date: ___________________________ Print Name: _________________________________________________ Relationship to Subject Appeal:
 Property Owner
 Business Owner
 Resident
 Other:

Victoria Yundt
1631
July 15, 2025

VIA EMAIL
Jimmy Alexandris, Chairperson
Lissa Fraga, Vice Chairperson
Brandon Blanchard, Commissioner
Kevin Cisneroz, Commissioner
Steve Lewis, Commissioner
Vincent Lopez, Commissioner
Lawrence Vierira, Commissioner
Planning Commission
City of Chino
P.O. Box 667
Chino, CA 91708-0667
[email protected]
Kim Le, Senior Planner
Development Services Department
City of Chino
13220 Central Avenue
Chino, CA 91710
[email protected]
Re: Comment on Addendum to the City of Chino General Plan EIR (SCH 2008091064) for the Chino Gateway Terminal Project July 15, 2025 Planning Commission Agenda Item 4
Dear Chair Alexandris, Vice Chair Fraga, Honorable Planning Commissioners and Ms. Le:

This comment is submitted on behalf of Supporters Alliance for Environmental Responsibility (“SAFER”) regarding the Chino Gateway Terminal Project (PL24-0097, PL24-0098, PL24-0120), which proposes demolition of three existing buildings and associated ancillary structures (totaling 17,716 square feet) and the development of a 158,548 square-foot warehouse building and a 3,520 square-foot multi-tenant restaurant building, located on an approximately 7.35-acre site bounded by Schaefer Avenue and Oaks Avenue intersection in the City of Chino, on Accessor’s Parcel Numbers 1021-052-04, 1021-052-06, 1021-052-09, and 1021-052-11 (“Project”), to be heard as Agenda Item 4 at the Planning Commission’s July 15, 2025 meeting.

SAFER objects to the City’s reliance on an Addendum to the City of Chino General Plan Environmental Impact Report (SCH No. 2008091064), certified in 2010 (“GPEIR”), for the Project. Under the California Environmental Quality Act (“CEQA”), an addendum is not appropriate because the Project is not within the scope of the prior program EIR and there is new information available since certification of the 2010 GPEIR indicating new significant impacts and/or the availability of new mitigation measures. Therefore, SAFER requests that the Planning Commission refrain from taking any action on the Project at this time and, 1632
July 15, 2025
Comment on Addendum to the City of Chino General Plan EIR for the Chino Gateway Terminal Project

Page 2 of 2 ends

instead, direct staff to prepare an initial study for the Project, followed by a project-specific EIR or negative declaration as required by CEQA.

Sincerely,
Rebecca Davis
LOZEAU | DRURY LLP
1633
01225.0005/813665.1
RESOLUTION NO. 2025-058

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

CALIFORNIA, DENYING SUPPORTERS ALLIANCE FOR ENVIRONMENTAL RESPONSIBILITY’S (SAFER) APPEAL AND APPROVING PL24-0097 (SPECIAL CONDITIONAL USE PERMIT). PL24-0098 (SITE APPROVAL), AND PL24-0120 (SPECIAL CONDITIONAL USE PERMIT) FOR THE

CONSTRUCTION OF THE CHINO GATEWAY TERMINAL PROJECT
CONSISTING OF A 158,548 SQUARE FOOT INDUSTRIAL WAREHOUSE BUILDING, A 3,540 SQUARE FOOT FOOD AND BEVERAGE BUILDING,

AND TO CONDITIONALLY PERMIT AN INDUSTRIAL BUILDING GREATER THAN 50,000 SQUARE FEET AND TO ALLOW RESTAURANTS IN THE LIGHT INDUSTRIAL (M1) ZONING DISTRICT, LOCATED AT THE

SOUTHWEST CORNER OF SCHAEFER AVENUE AND OAKS AVENUE
(APN: 1021-052-04, -06, -09, AND -11)
WHEREAS, on July 6, 2010, the City certified the City of Chino General Plan Environmental Impact Report (GPEIR) (SCH# 2008091064); and WHEREAS, Gateway Terminal LLC (the “Applicant”), has filed an application with the City of Chino (the “City”) for approval of PL24-0097 (Special Conditional Use Permit), PL24-0098 (Site Approval), and PL24-0120 (Special Conditional Use Permit) (the “Project”) to construct the Chino Gateway Terminal Project consisting of a 158,548 square foot warehouse industrial building, a 3,540 square foot restaurant building with an outdoor dining area, and to conditionally permit restaurants and a warehouse industrial building greater than 50,000 square feet, located on approximately 7.35 acres of land within the Light Industrial (M1) zoning district at the southwest corner of Schaefer Avenue and Oaks Avenue (APN: 1021-052-04, -06, -09, and -11); and WHEREAS, in compliance with the California Environmental Quality Act (CEQA), an Addendum to the General Plan Environmental Impact Report (SCH# 2008091064) for the Chino Gateway Terminal Project, dated June 2025, has been prepared by LSA Associates, Inc.; and WHEREAS, a notice was published in the Chino Champion on July 5, 2025. Additionally, a 10-day notice was mailed to all property owners within a 300-foot radius of the project site, the City sent information out on the City’s social media platforms, and two freestanding signs were posted along each of the project’s street frontages in accordance with Section 20.23.140.D.1 of the City’s Zoning Code; and
WHEREAS, on July 15, 2025, Louzeau Drury, LLP, on behalf of the Supporters for Environmental Responsibility (SAFER) submitted an objection to the Project, objecting to the City’s reliance on an Addendum to the City of Chino General Plan Environmental Impact Report; and
WHEREAS, on July 16, 2025, the Planning Commission held a duly noticed public hearing for the Project in compliance with the law, and, after entertaining the written and oral report of staff, and taking public testimony from Mr. Jorge Zavala with Western States Regional Council of Carpenters who requested the Project be delayed until the developer could commit to hiring a local, skilled, and trained workforce, approved the Project by a vote of 6-1; and WHEREAS, SAFER (the “Appellant”) filed a timely appeal of the approval of the project; and
1634
RESOLUTION NO. 2025-058

Page 2 of 7 ends

01225.0005/813665.1
WHEREAS, on September 16, 2025, the City Council held a duly noticed public hearing to consider appellant’s appeal, considered the written and oral report of staff and all oral and written evidence presented and closed the public hearing.

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, the City Council makes the following findings and takes the following actions on the appeal and on PL24- 0097 (Special Conditional Use Permit), PL24-0098 (Site Approval) and PL24-0120 (Special Conditional Use Permit):

1. PL24-0098 (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 for industrial uses with fewer impacts on traffic, noises, odors and pollutants and allows for a broad range of uses. The Project has been designed to meet applicable development standards and design guidelines. The Project serves General Plan Goal LU-2 and Objective LU-2.1 which aim to foster the development of new industrial uses in the City while preventing negative impacts on the health, safety, and welfare of residents and General Plan Objective LU-1.3 which encourages commercial development that will support and enhance vibrant commercial areas and serve existing neighborhoods;
b. The proposed Project is permitted within the zoning district in which it is proposed and complies with all applicable provisions of the City’s Zoning Code. The Project is located in the Light Industrial (M1) zoning district and consists of a 158,548 square foot warehouse industrial building and a 3,540 square foot food and beverage building with an outdoor dining area. The restaurant uses and the size of the warehouse building, which exceeds 50,000 square feet, require approval of a Special Conditional Use Permit. Additionally, the Project meets or exceeds all minimum 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 use proposed, as all minimum zoning requirements governing parcel size, shape, access, type and intensity of development have been met or exceeded. The 7.35-acre site is flat and will have adequate infrastructure and four points of vehicular access from Schaefer Avenue and Oaks Avenue. Utilities and stormwater improvements will be extended to serve the site;
d. The subject site for the Project 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 proposed Project, in that the Project site is located along Schaefer Avenue, which is designated as a primary arterial and Oaks Avenue, 1635
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which is designated as an urban industrial collector. Access to the site is provided from the adjacent streets. Additionally, Schaefer Avenue is designated as a truck route. Both streets are currently improved and has adequate capacity to serve the proposed Project;
e. The proposed Project is compatible with those abutting properties and in the surrounding area. The Project is located within an area designated for industrial uses and is surrounded by existing industrial developments to the east, south and west. To the north, Schaefer Avenue separates the single-family residential development from the Project. The Project will have no significant negative light, noise, and aesthetic impacts, as the building has been designed to meet all development and design requirements of the M1 zoning district, in which it is located;
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, as the proposed Project consists of a mixed-use development with an industrial building and a food and beverage building, which is consistent with the M1 zoning district. In addition, certain safeguards have been required of the proposed Project, which the Planning Commission deems necessary to protect the public health, safety, and general welfare. These safeguards (Conditions of Approval) are attached hereto as Exhibit “A”;
g. The proposed Project will not have a significant adverse impact on the environment as an Addendum to the City of Chino General Plan Environmental Impact Report (SCH# 2008091064) for the Chino Gateway Terminal Project has been prepared for this Project pursuant to Section 15164 of the California Environmental Quality Act (CEQA) Guidelines. The Project is within the scope of the EIR, which adequately describes the activity for the purposes of CEQA. The Addendum satisfies the requirement of CEQA and the CEQA Guidelines (California Public Resources Code §§ 21000 et seq.; 14 Cal. Code Regs. §§ 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 and have been imposed as conditions of Project approval by the Chino Planning Commission. In addition, certain safeguards have been required of the proposed Project, which the Planning Commission deems necessary to protect the public health, safety, and general welfare. These safeguards (Conditions of Approval) are attached hereto as Exhibit “A”.

2. PL24-0097 (Special Conditional Use Permit – Warehouse Building ≥ 50,000SF) a. The proposed use is consistent with the goals and policies of the City’s adopted General Plan and/or applicable specific plan(s), in that the proposed use consists of an industrial building exceeding 50,000 square feet, which is permitted subject to approval of a SCUP. The use supports General Plan Goal LU-2 and Objective LU-2.1, which aims to foster the development of new industrial uses that contributes to the City’s economic development, while ensuring such uses are planned and designed to prevent negative impacts on the health, safety, and welfare of residents;
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b. 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 use proposed, as all minimum zoning requirements governing parcel size, shape access, type and intensity of the use have already been met or exceeded and the appropriate infrastructure and public improvements are conditioned to be constructed with the development. Additionally, the proposed 158,548 square foot industrial building meets all requirements and development standards in the Zoning Ordinance; c. 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 proposed use; as the 158,548 square foot industrial building will have direct access from one driveway off Schaefer Avenue and a second driveway off Oaks Avenue.

Schaefer Avenue is designated as a primary arterial and truck route and Oaks Avenue is designated as an urban industrial collector, both streets designed to carry the volume of traffic typically generated by the use; d. The proposed use is compatible with those on abutting properties and in the surrounding neighborhood. The Project is located within an area designated for industrial uses and is surrounded by existing industrial developments to the east, south and west. To the north, Schaefer Avenue, separates the single-family residential development from the use. The use will have no significant negative light, noise, and aesthetic impacts, as the building has been designed to meet all development and design requirements of the M1 zoning district, in which it is located. Additionally, the M1 zoning district is intended for industrial uses that are less intensive;
e. The proposed location, size, and operating characteristics of the proposed use will not be detrimental to the public interest, health, safety or general welfare, as the 158,548 square foot industrial building is allowed in the M1 zoning district, subject to the approval of a SCUP. In addition, certain safeguards have been required of the proposed use, which the Planning Commission deems necessary to protect the public health, safety, and general welfare. These safeguards (Conditions of Approval) are attached hereto as Exhibit “A”;
f. The proposed Project will not have a significant adverse impact on the environment as an Addendum to the City of Chino General Plan Environmental Impact Report (SCH# 2008091064) for the Chino Gateway Terminal Project has been prepared for this Project pursuant to Section 15164 of the California Environmental Quality Act (CEQA) Guidelines. The Project is within the scope of the EIR, which adequately describes the activity for the purposes of CEQA. The Addendum satisfies the requirement of CEQA and the CEQA Guidelines (California Public Resources Code §§ 21000 et seq.; 14 Cal. Code Regs. §§ 15000 et seq.); and g. The minimum safeguards necessary to protect the public health, safety and general welfare have been required of the proposed Project and have been imposed as conditions of Project approval by the Chino Planning Commission. In addition, certain safeguards have been required of the proposed use, which the Planning Commission deems necessary to protect the public health, safety, and general welfare. These safeguards (Conditions of Approval) are attached hereto as Exhibit “A”.
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3. PL24-0120 (Special Conditional Use Permit - Restaurant):
a. The proposed use is consistent with the goals and policies of the City’s adopted General Plan and/or applicable specific plan(s); in that the proposed use consists of individual restaurants located within a multi-tenant building. The proposed use is permitted, subject to approval of a SCUP Furthermore, Objective LU-1.3 of the City’s General Plan encourages commercial development that will support and enhance vibrant commercial areas to serve existing neighborhoods with a combination of daily and specialty daily needs;
b. 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 use proposed, as all minimum zoning requirements governing parcel size, shape access, type and intensity of development have already been met or exceeded and the appropriate infrastructure and public improvements are conditioned to be constructed with the development;
c. 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 proposed use; as the restaurant building will have direct access from one driveway off Schaefer Avenue a second driveway off Oaks Avenue. Schaefer Avenue is designated as a primary arterial and Oaks Avenue is designated as an urban industrial collector, both streets designed to carry the volume of traffic typically generated by the proposed restaurant use;
d. The proposed use is compatible with those on abutting properties and in the surrounding neighborhood, in that restaurants in the M1 zoning district are allowed, subject to approval of a SCUP. The proposed food and beverage building is located within an area designated for industrial uses and is surrounded by existing industrial developments to the east, south and west. The restaurant component is strategically located at the northeast corner of the project site, serving as a transitional buffer between the single-family residential neighborhood, separated by Schaefer Avenue, and the larger warehouse industrial building to the south. The use will have no significant negative light, noise, and aesthetic impacts, as the building has been designed to meet all development and design requirements of the M1 zoning district, in which it is located;
e. The proposed location, size, and operating characteristics of the proposed use will not be detrimental to the public interest, health, safety or general welfare, as restaurant uses are allowed in the M1 zoning district, subject to the approval of a SCUP. In addition, certain safeguards have been required of the proposed Project, which the Planning Commission deems necessary to protect the public health, safety, and general welfare. These safeguards (Conditions of Approval) are attached hereto as Exhibit “A”;
f. The proposed Project will not have a significant adverse impact on the environment as an Addendum to the City of Chino General Plan Environmental Impact Report (SCH# 2008091064) for the Chino Gateway Terminal Project has been prepared for this Project pursuant to Section 15164 of the California Environmental Quality Act (CEQA) Guidelines. The Project is within the scope of the EIR, which adequately describes the activity for the purposes of CEQA. The Addendum 1638
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satisfies the requirement of CEQA and the CEQA Guidelines (California Public Resources Code §§ 21000 et seq.; 14 Cal. Code Regs. §§ 15000 et seq.); and g. The minimum safeguards necessary to protect the public health, safety and general welfare have been required of the proposed Project and have been imposed as conditions of Project approval by the Chino Planning Commission. In addition, certain safeguards have been required of the proposed Project, which the Planning Commission deems necessary to protect the public health, safety, and general welfare. These safeguards (Conditions of Approval) are attached hereto as Exhibit “A”.

4. CEQA Findings. An Addendum to the City of Chino General Plan Environmental Impact Report (SCH# 2008091064) for the Chino Gateway Terminal Project has been prepared by LSA Associates, Inc. for this Project pursuant to Section 15164 of the California Environmental Quality Act (CEQA) Guidelines. The City Council has considered the Addendum and Environmental Impact Report as part of its decision on this Project pursuant to Section 15164. The City Council hereby finds that the Project is within the scope of the EIR, which adequately describes the activity for the purposes of CEQA. The City Council hereby finds that the Project will not have any impacts that would require a revision to the EIR or any other additional environmental review.

5. Deny the appeal and grant approval of PL24-0097 (Special Conditional Use Permit), PL24-0098 (Site Approval) and PL24-0120 (Special Conditional Use Permit). The City Council hereby makes the following findings:
a. SAFER’s appeal presents vague and unsupported claims that new information, significant environmental impacts and/or mitigation measures may have emerged since the 2010 GPEIR was certified and therefore claims that a new EIR or Negative Declaration is required. However, the Addendum and the Planning Commission’s decision were based on comprehensive technical analysis that evaluated the Project’s environmental impacts.
b. The Addendum provided: 1) a detailed summary of relevant General Plan policies for each environmental topic addressed in the GPEIR; 2) the level of impact for each environmental topic identified in the GPEIR; and 3) an evaluation of the Project’s impacts compared to those analyzed in the GPEIR. The Addendum appropriately compared the impacts of the Project with those anticipated from full General Plan buildout. This is backed by the numerous technical studies that evaluated potential impacts and concluded that no additional mitigation would be required for the Project. Based on this analysis, the Planning Commission found no evidence that the Project would result in new or more severe significant impacts than those previously identified in the GPEIR.
c. As documented in the Addendum, the Project would not result in any new significant impacts, nor would it cause a substantial increase in the severity of existing impacts beyond those addressed in the GPEIR. The Project’s potential impacts are equal or less than those evaluated in the GPEIR. Additionally, there have been no substantial changes in the Project’s conditions or location that would lead to new or more severe environmental impacts. Therefore, no new information has been identified that would require further CEQA review under Section 15162.

Based on such findings, the City Council hereby denies the appeal and approves PL24- 0097 (Special Conditional Use Permit), PL24-0098 (Site Approval) and PL24-0120 (Special Conditional Use Permit) subject to the Conditions of Approval attached hereto as 1639
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Exhibit “A”. Applicant, including its successors and assigns, shall be responsible for implementing and complying with all conditions set forth in Exhibit “A”.

6. Actions by the City Clerk. The City Clerk is hereby directed to attest 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 16
TH DAY OF SEPTEMBER 2025.

EUNICE M. ULLOA, MAYOR
ATTEST:

NATALIE GONZAGA, CITY CLERK
State of California )
County of San Bernardino ) §
City of Chino )
I hereby certify the foregoing Resolution was duly adopted by the Chino City Council at a meeting held on the 16
th day of September 2025 and entered in the minutes of said Commission.

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

CITY CLERK
Attachment: Exhibit A – Conditions of Approval
1640

EXHIBIT A

DEPARTMENTAL

CONDITIONS OF APPROVAL
DATE: July 16, 2025
PROJECT FILE NO.: PL24-0097 (Special Conditional Use Permit), PL24-0098 (Site Approval), and PL24-0120 (Special Conditional Use Permit) LOCATION: Southwest corner of Schaefer Avenue and Oaks Avenue (APN: 1021-052-04, -06, -09 and -11)
APPLICANT: Gateway Terminal LLC
The departments listed below have reviewed the above referenced application. Those departments marked with an “X” have required conditions of approval to be imposed on the project.

Development Services Department –
[X] Planning Division
[ ] ADA Accessibility Division
Public Works Department –
[X] Engineering Division
[ ] Traffic Division
[X] Chino Valley Independent Fire District
[ ] Police Department
[ ] Finance Department
[ ] Community Services, Parks & Recreation Department
1641

DEVELOPMENT SERVICES DEPARTMENT

PLANNING DIVISION CONDITIONS OF APPROVAL
DATE: July 16, 2025
PROJECT FILE NO.: PL24-0097 (Special Conditional Use Permit), PL24-0098 (Site Approval) and PL24-0120 (Special Conditional Use Permit) LOCATION: Southwest corner of Schaefer Avenue and Oaks Avenue (APN: 1021-052-04, -06, -09 and -11)
APPLICANT: Gateway Terminal LLC
NOTE: CONDITION IN BOLD WAS ADDED BY THE PLANNING COMMISSION.

1.0 TIME LIMITS:

1.1. The above referenced Site Approval and Special Conditional Use Permits shall expire on July 16, 2026, if building permits are not obtained and/or the approved uses have not commenced. 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. Should any of the special conditionally permitted uses cease to exist for 180 or more consecutive days, then the permit shall be deemed null and void.

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 and/or City Council.

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

2.3. The Director of Development Services shall have the authority to approve minor deviations in the site plan, architecture and/or landscape providing the total approved building area is not exceeded. If it is determined that 1642

DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION

CONDITIONS OF APPROVAL
FILE NO.: PL24-0097 (SCUP), -0098 (SA) & -0120 (SCUP) DATE: July 16, 2025 the changes will be substantial, approval from the Planning Commission will be required.

2.4. Approval of this request shall not waive compliance with any section of the Chino Municipal Code, or any other applicable City ordinances, or applicable specific plan provision.

2.5. Pursuant to Government Code Section 66020, upon approval of the project, the applicant has a 90-day period in which to protest the fees, dedications, reservation or other exaction imposed on this project through the conditions of approval.

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

2.7. In the event that any condition imposing a fee, exaction, dedication, or other mitigation measure is challenged by the applicant 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.

2.8. The applicant shall indemnify the City and its elected boards, commissions, officers, agents and employees and will hold and save them and each of them harmless from any and all actions, claims, liabilities, losses, damages, penalties, obligations and expenses, including but not limited to attorneys’ fees and costs, (collectively “claims”) against the City for any such claims and shall be responsible for any judgment arising therefrom. The City shall provide the applicant with notice of the pendency of such action and shall request that the applicant defend such action. The applicant may utilize the City Attorney’s office or use legal counsel of its choosing, but shall reimburse the City for any necessary legal cost incurred by City, including for the City’s required participation in defense of the claims. The applicant shall provide a deposit in the amount of 100% of the City’s estimate, in its sole and absolute discretion, of the cost of litigation, including the cost of any award of attorney’s fees, and shall make additional deposits as requested by City to keep the deposit at such level. If the applicant fails to provide or maintain the deposit, the City may abandon the action and the applicant shall pay all costs resulting therefrom and City shall have no liability to the applicant.

2.9. The City of Chino has an executive contract with Waste Management for all solid waste collection and hauling services within the City. The 1643

DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION

CONDITIONS OF APPROVAL
FILE NO.: PL24-0097 (SCUP), -0098 (SA) & -0120 (SCUP) DATE: July 16, 2025 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.

2.10. Any change in the project shall be reviewed by the Development Services Department for compliance with CEQA.

2.11. All proposed signs shall be designed to conform with the City’s Sign Code (Chino Municipal Code, Title 16 – Signs) and shall require separate application and approval by the Director of Development Services prior to installation.

2.12. 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 Planning Commission approval. Project approval shall not be complete until the required fee(s) is (are) paid:
[X] $50 for the Notice of Determination filing fee.

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

3.1. 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.

3.2. Revised plans, incorporating all conditions of approval, shall be submitted and approved by the Director of Development Services.

3.3. All plans shall be coordinated for consistency.

3.4. The applicant/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 applicant/developer shall also submit the above documents in digital format to the Building Division once approved.

3.5. A construction management plan shall be submitted and approved by the Director of Development Services. The plan shall coordinate and address construction activities that may impact residents and/or surrounding businesses in adjacent areas. Elements of the plan shall contain, but not be limited to, the following:
1644

DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION

CONDITIONS OF APPROVAL
FILE NO.: PL24-0097 (SCUP), -0098 (SA) & -0120 (SCUP) DATE: July 16, 2025 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 construction manager and the City’s Code Enforcement 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. This plan shall show which buildings and landscaping will be completed in which phases, and how each completed phase will be closed off from phases under construction so as to minimize conflict between construction vehicles, construction equipment, employees, and residents, as applicable.

3.6. 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.

3.7. 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 the City’s outside plan checker has completed one review 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 to comply with the City’s Water Efficient 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. If the site includes areas proposed to be placed within a City-maintained Landscape Maintenance District, then the plans shall be prepared on City of Chino, Engineering Division base sheets, and shall bear the seal of a landscape architect registered with the state of California. Original mylars shall be submitted to the City upon approval of plans by the City Engineer.
1645

DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION

CONDITIONS OF APPROVAL
FILE NO.: PL24-0097 (SCUP), -0098 (SA) & -0120 (SCUP) DATE: July 16, 2025

3.7.1. 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.

3.8. 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 the City’s 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.

3.9. All new ground-mounted utilities, including but not limited to cable television facilities, and telephone/fiber optic facilities, shall be undergrounded. Equipment 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 shall be reflected in a plan and shall be subject to the review and approval by the Director of Development Services.

3.10. 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.

3.11. 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 16, 2025, as prepared by Gateway Terminal LLC, O.C. Design & Engineering, Phil May Landscape Architecture and Pacific Consulting Group, Inc. 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.
1646

DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION

CONDITIONS OF APPROVAL
FILE NO.: PL24-0097 (SCUP), -0098 (SA) & -0120 (SCUP) DATE: July 16, 2025

3.12. 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.

3.13. 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. The condition shall be a minimum requirement for acceptance of construction drawings for the Building plan check review.

3.14. 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 applicant’s expense, prior to demolition 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.

3.15. A Water Quality Management Plan shall be prepared in accordance with County of San Bernardino requirements and submitted and approved by the City.

3.16. No grading permits shall be issued until all applicable biological resource mitigation measures, identified in the Addendum to the City of Chino General Plan Certified Environmental Impact Report (SCH# 2008091064) for the Chino Gateway Terminal Project, prepared by LSA Associates, Inc., dated June 2025, as they apply to the project area, have been complied with to the satisfaction of the Director of Development Services.

3.17. Special Condition:

3.17.1. The applicant shall reinforce the outdoor seating area to protect patrons and minimize damage in the event of a
vehicular collision, subject to review and approval of the Director of Development Services.

4.0 PRIOR TO START OF CONSTRUCTION:

4.1. A pre-construction meeting, scheduled with the Building Division, shall be held with all applicable City staff members, developer, contractor, superintendent, and all applicable subcontractors.
1647

DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION

CONDITIONS OF APPROVAL
FILE NO.: PL24-0097 (SCUP), -0098 (SA) & -0120 (SCUP) DATE: July 16, 2025

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

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

5.0 PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY:

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

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

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

5.4. 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.

5.5. 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.
1648

DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION

CONDITIONS OF APPROVAL
FILE NO.: PL24-0097 (SCUP), -0098 (SA) & -0120 (SCUP) DATE: July 16, 2025

5.6. 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.

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

6.0 ENVIRONMENTAL REQUIREMENTS & MITIGATION MEASURES:

6.1. Comply with all mitigation measures identified in the attached Mitigation Monitoring and Reporting Program contained within the Addendum to the City of Chino General Plan Certified Environmental Impact Report (SCH# 2008091064) for the Chino Gateway Terminal Project and attached as Exhibit “A” to the conditions of approval, which identifies each environmental mitigation measure, the time in which it will be implemented and the responsible party for monitoring its implementation.

7.0 OTHER REQUIREMENTS:

7.1. 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.

7.2. All existing buildings or structures on the project site that are proposed to be demolished shall be removed or razed within 90 days of the existing church vacating the site or issuance of a grading permit, whichever occurs first. 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.

7.3. The project site shall be cleared of all trash, debris, weeds, and other discarded items within two weeks of Planning Commission approval.

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.

7.4. 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.
1649

DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION

CONDITIONS OF APPROVAL
FILE NO.: PL24-0097 (SCUP), -0098 (SA) & -0120 (SCUP) DATE: July 16, 2025

7.5. 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.

7.6. Building and Site Design:

7.6.1. 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.

7.6.2. 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).

7.6.3. 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 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.

7.6.4. 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.

7.6.5. New ladders for roof access shall be mounted on the inside of the building or shall be completely concealed from view for commercial and industrial projects.

7.6.6. All new overhead doors, mechanical doors and/or man doors shall be color coordinated with the building.
1650

DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION

CONDITIONS OF APPROVAL
FILE NO.: PL24-0097 (SCUP), -0098 (SA) & -0120 (SCUP) DATE: July 16, 2025

7.6.7. An outdoor employee break area shall be provided at the northwest corner of the project site, in front of the industrial warehouse building. This area 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.

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

7.7. Parking and Lighting:

7.7.1. 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.

7.7.2. 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 installation. “Wall-paks” or other standardized exterior lighting shall not be permitted within public areas.

7.7.3. 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).

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

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

7.7.6. 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.

7.8. Refuse and Recycling:

7.8.1. Separate receptacles (bins) for the collection of refuse, recyclable, and organics materials shall be provided. An adequate 1651

DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION

CONDITIONS OF APPROVAL
FILE NO.: PL24-0097 (SCUP), -0098 (SA) & -0120 (SCUP) DATE: July 16, 2025 number of bins to allow for the collection of refuse recyclable, and organic materials generated by the development shall be provided.

7.8.2. Refuse, recyclable, and organics materials bins shall be enclosed by a 6-foot-high (1.83 m) wall with a solid roof that is 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.

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

7.8.4. All refuse, recyclable and organic 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 surrounded by a minimum 18” wide planter area for the purpose of providing landscape material.

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

7.9. Phased Projects:

7.9.1. All required street improvements and a minimum of 10 feet of landscaping on private property shall be installed in conjunction with the construction of Phase 1 of the proposed project. The landscaping within this area shall be included in the landscape maintenance program.

7.9.2. Prior to the first occupancy permit, all undeveloped building pads shall be improved according to the following requirements:

7.9.3. For an undeveloped building pad located adjacent to the street or main drive aisle of the site, the area shall be landscaped with a 1652

DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION

CONDITIONS OF APPROVAL
FILE NO.: PL24-0097 (SCUP), -0098 (SA) & -0120 (SCUP) DATE: July 16, 2025 planting scheme consisting of a low-maintenance drought tolerant erosion control mix of Cucamonga brome (20 lbs/acre), tomcat clover (4 lbs/acre and small fescue (8 lbs/acre) at a minimum of 85% PLS (pure live seed). The irrigation system shall consist of low precipitation sprinkler heads and/or drip system. In addition, shrubs may be required to provide screening from the street, if determined needed by the Director of Development Services.

Said treatment shall be incorporated into the required landscape and irrigation plans.

7.9.4. For a larger phased area located on the interior of the site, a construction fence/green screen may be provided in lieu of the landscape treatment. The fence shall be maintained in good condition at all times.

7.10. Chino Climate Action Plan:

7.10.1. Per Section 15.45.070 of the Chino Municipal Code, demonstrate consistency with the Chino Climate Action Plan by implementing one of the following three options:
a) Exceed the mandatory California Energy Code Title 24, Part 6 standards in effect at the time of application submittal by 5%; or b) Achieve an equivalent reduction through voluntary measures in the California Green Building Standards Code, Title 24, Part 11 (CALGreen) in effect at the time of application submittal; or c) Provide other equivalent greenhouse gas (GHG) reductions through measures including but not limited to, non-vehicle transportation infrastructure, transit, ZEV (zero emission vehicle) infrastructure or other incentives, waste diversion, water conservation, tree planting, renewable energy option packages, or any combination of these or other measures such that GHG emissions are reduced by 0.74 MT CO2e per residential dwelling unit per year and/or per TSF of commercial/industrial use per year.

Applicants that choose Option a described above will be required to verify that their project meets the 5% improvement above the mandatory standards through the appropriate certificate of compliance form for residential construction (CF-1R) or for commercial/industrial construction (PERF-1C). Applicants that choose Options b or c described above will be required to utilize the GHG Performance Standard Checklist developed by the City, or provide other valid documentation, such as CalEEMod or other methodologies, as verified by the Director of Development 1653

DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION

CONDITIONS OF APPROVAL
FILE NO.: PL24-0097 (SCUP), -0098 (SA) & -0120 (SCUP) DATE: July 16, 2025 Services to demonstrate the required GHG reductions consistent with the City's CAP.

8.0 CONSTRUCTION SITE SECURITY:

8.1. Each site shall be completely encircled by a minimum 6' tall securityquality chain link fence once precise grading has been completed or as determined by the Deputy Director of Development Services.

8.2. 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.

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

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

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

8.6. “No Trespassing” signs shall be attached to the exterior of the fence at a minimum distance of a third of a mile and at all entrances.

8.7. 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.

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

8.9. 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.

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

8.11. 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.

8.12. Each site will have an assigned Crime Prevention Manager who is responsible for the following:
1654

DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION

CONDITIONS OF APPROVAL
FILE NO.: PL24-0097 (SCUP), -0098 (SA) & -0120 (SCUP) DATE: July 16, 2025 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 PM and 7 AM.
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.

9.0 THE APPROVED USES SHALL BE OPERATED IN ACCORDANCE WITH THE FOLLOWING:

9.1. All operations shall not create a nuisance due to noise, odor, dust, mud, smoke, steam, vibration or other similar causes.

9.2. The operation or activity shall not cause the emission of any smoke, fly ash, dust, fumes, vapors, gases, or other forms of air pollution that can cause damage to human health, vegetation, or other forms of air pollution that can cause excessive soiling on any other parcel. No emission shall be permitted which exceeds the requirements of the South Coast Air Quality Management District or the requirements of any Air Quality Plan adopted by the City of Chino.

9.3. The operation or activity shall not emit odorous gases or other odorous matter in such quantities as to be dangerous, injurious, noxious, or otherwise objectionable to a level that is detectable with or without the aid of instruments at or beyond the project site boundary.

9.4. The operation shall not discharge, at any point, into any public or private street, public sewer, storm drain, private stream, body of water, or into the ground, any material which can contaminate any water supply, interfere with bacteriological processes in sewerage treatment, or otherwise cause the emission of dangerous or offensive elements, except in accordance with the standards approved by the California Department of Public Health, or any other federal, state or local government agency. 1655

DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION

CONDITIONS OF APPROVAL
FILE NO.: PL24-0097 (SCUP), -0098 (SA) & -0120 (SCUP) DATE: July 16, 2025

9.5. No operation or activity shall emit heat or cold that would cause a temperature increase or decrease on any adjacent parcel in excess of 100F (5.560C).

9.6. No operation or activity shall cause any impermissible source of electronic disturbance that adversely affects persons or the operation of any equipment on any other parcel that is not in conformance with the regulations of the Federal Communications Commission (FCC).

Impermissible interference for the purposes of this document shall mean any interference that violates the rules and regulations of the FCC and/or the Communications Act of 1934, as amended.

9.7. No operation or activity shall be permitted to cause a steady state, earthborne oscillation which is continuous and occurring more frequently than 100 times per minute beyond the project site. Ground vibration caused by moving vehicles, trains, aircraft, or temporary construction or demolition is exempted from this requirement.

9.8. Noise emanating from the project site, and which is received by adjacent land uses, shall not exceed the levels specified below, except that loudspeakers, bells, gongs, buzzers or other noise attention or attracting devices shall not exceed a maximum daytime dBA level of 60 and nighttime dBA of 40, measured anywhere beyond the boundaries of the property within which the noise is created.

Attachment:

Exhibit “A” – Mitigation Monitoring and Reporting Program Maximum Time of
Exposure
Noise
Metric
Noise Level Not To Be Exceeded
7 a.m. to 10 p.m. 10 p.m. to 7 a.m.
30 Minutes/Hour L50 55 dBA 50 dBA
15 Minutes/Hour L25 60 dBA 55 dBA
5 Minutes/Hour L8.3 65 dBA 60 dBA
One Minute/Hour L1.7 70 dBA 65 dBA
Any Period of Time Lmax 75 Dba 70 dBA
1656

MITIGATION MONITORING AND REPORTING PROGRAM

CHINO GATEWAY TERMINAL PROJECT
Mitigation Monitoring and Reporting Program 1
This Mitigation Monitoring and Reporting Program has been prepared for use in implementing mitigation for the:

Chino Gateway Terminal Project
Special Conditional Use Permits (PL24-0097 and PL24-0120), Site Approval (PL24-0098) The program has been prepared in compliance with State law and Addendum to The City of Chino General Plan Environmental Impact Report (State Clearinghouse No. 2008091064) 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 City of Chino General Plan Environmental Impact Report (State Clearinghouse No. 2008091064).

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 shall monitor and report on all mitigation activities.

Mitigation measures shall be implemented at different stages of development throughout the project site. In this regard, the responsibilities for implementation have been assigned to the Applicant, City, 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 shall then inform any affected responsible agencies. The City, in conjunction with any affected responsible agencies, shall then determine if modification to the project is required and/or whether alternative mitigation is appropriate.

REGULATORY COMPLIANCE MEASURES
Regulatory Compliance Measures 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. Regulatory Compliance Measures outline compliance with various federal, State, and/or local acts, laws, rules, regulations, municipal codes, policies, etc. 1657

MITIGATION MONITORING AND REPORTING PROGRAM

CHINO GATEWAY TERMINAL PROJECT
Mitigation Monitoring and Reporting Program 2

THIS PAGE INTENTIONALLY LEFT BLANK
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MITIGATION MONITORING AND REPORTING PROGRAM

CHINO GATEWAY TERMINAL PROJECT
Mitigation Monitoring and Reporting Program 3

MITIGATION MONITORING AND REPORTING PROGRAM CHECKLIST
Project Name: Chino Gateway Terminal Project Applicant: Gateway Terminal, LLC.

Date: June 13, 2025
Mitigation Measure No. / Implementing Action
Responsible
for
Monitoring Timing of Verification Method of Verification Verified
Date/
Initials
Sanctions for
NonCompliance
V.1. AESTHETICS
Since there are no significant impacts related to aesthetics as a result of the project, no mitigation measures are required.

V.2. AGRICULTURAL RESOURCES
Since there are no significant impacts related to agricultural resources as a result of the project, no mitigation measures are required.

V.3. AIR QUALITY AND GREENHOUS EGAS EMISSIONS
Since there are no significant impacts related to air quality and greenhouse gas emissions as a result of the project, no mitigation measures are required.

V.4. BIOLOGICAL RESOURCES
Since there are no significant impacts related to biological resources as a result of the project, no mitigation measures are required.

V.5. CULTURAL RESOURCES
Since there are no significant impacts related to cultural resources as a result of the project, no mitigation measures are required.

V.6. GEOLOGY/SOILS and MINERAL RESOURCES
Since there are no significant impacts related to geology/soils and mineral resources as a result of the project, no mitigation measures are required.

V.7. HAZARDS & HAZARDOUS MATERIALS
Since there are no significant impacts related to hazards and hazardous materials as a result of the project, no mitigation measures are required.

V.8. HYDROLOGY/WATER QUALITY
Since there are no significant impacts related to hydrology/water quality as a result of the project, no mitigation measures are required.

V.9. LAND USE and PLANNING
Since there are no significant impacts related to land use and planning as a result of the project, no mitigation measures are required. 1659

MITIGATION MONITORING AND REPORTING PROGRAM

CHINO GATEWAY TERMINAL PROJECT
Mitigation Monitoring and Reporting Program 4
Project Name: Chino Gateway Terminal Project Applicant: Gateway Terminal, LLC.

Date: June 13, 2025
Mitigation Measure No. / Implementing Action
Responsible
for
Monitoring Timing of Verification Method of Verification Verified
Date/
Initials
Sanctions for
NonCompliance
V.10. NOISE
Since there are no significant impacts related to noise as a result of the project, no mitigation measures are required.

V.11. POPULATION/HOUSING
Since there are no significant impacts related to population/housing as a result of the project, no mitigation measures are required.

V.12. PARKS and PUBLIC SERVICES
Since there are no significant impacts related to parks and public services as a result of the project, no mitigation measures are required.

V.13. TRANSPORTATION/TRAFFIC
Since there are no significant impacts related to transportation/traffic as a result of the project, no mitigation measures are required.

V.14. UTILITY SYSTEMS and INFRASTRUCTURE
Since there are no significant impacts related to utility systems and infrastructure as a result of the project, no mitigation measures are required.

V.15. ENERGY
Since there are no significant impacts related to energy as a result of the project, no mitigation measures are required.

V.16. VEHICLE MILES TRAVELED
Since there are no significant impacts related to vehicle miles traveled as a result of the project, no mitigation measures are required.

V.17. TRIBAL CULTURAL RESOURCES
Since there are no significant impacts related to tribal cultural resources as a result of the project, no mitigation measures are required.

V.18. WILDFIRE
Since there are no significant impacts related to wildfire as a result of the project, no mitigation measures are required. 1660

MITIGATION MONITORING AND REPORTING PROGRAM

CHINO GATEWAY TERMINAL PROJECT
Mitigation Monitoring and Reporting Program 5

REGULATORY COMPLIANCE MEASURES
Project Name: Chino Gateway Terminal Project Applicant: Gateway Terminal, LLC.

Date: June 16, 2025
Regulatory Compliance Measure / Implementing
Action
Responsible
for Monitoring Timing of Verification Method of Verification Verified
Date/
Initials
Sanctions for
NonCompliance
V.4. BIOLOGICAL RESOURCES
REGUATORY COMPLIANCE MEASURE BIO-1: A
preconstruction survey for burrowing will be conducted
within 30 days prior to initial ground disturbance. If
burrowing owl is found on the site, the developer will
consult with California Department of Fish and Wildlife (CDFW) and relocate the owls in accordance with CDFW
burrowing owl relocation protocols, including the
creation of artificial burrows.

City of Chino
Director of
Development
Services, or
designee.

Within 30 days prior to initial
ground disturbance and during
construction.

Evidence to the City a
qualified biologist is
retained, the required
pre-construction survey
has been completed, and,
if necessary, appropriate
consultation with the
CDFW and relocation of
owls in accordance with
CDFW burrowing owl
relocation protocols,
including the creation of
artificial burrows, has
occurred.

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

REGUATORY COMPLIANCE MEASURE BIO-2: If tree
removal is to be conducted during the nesting season
(February through August), a preconstruction nesting
bird survey shall be conducted by a qualified avian
biologist to ensure that active bird nests would not be disturbed or destroyed. The survey shall be completed no more than three days prior to initial clearing of
vegetation. The nesting bird survey shall include the
project site and adjacent areas where project activities have the potential to affect active nests, either directly or indirectly, due to construction activity, noise, human
activity, or ground disturbance.

If an active nest is identified, a qualified avian biologist shall establish an appropriately sized non-disturbance
City of Chino
Director of
Development
Services, or
designee.

No more than three days prior
to initial clearing of vegetation
if tree removal is to be
conducted during the nesting
season (February through
August).

Evidence to the City a
qualified avian biologist is
retained, the required
pre-construction survey
has been completed, and,
if necessary, appropriate
buffers have been
implemented and
enforced until the nest is
deemed inactive by the
qualified avian biologist.

Withhold
grading permit
and/or issuance
of a stop work
order.
1661

MITIGATION MONITORING AND REPORTING PROGRAM

CHINO GATEWAY TERMINAL PROJECT
Mitigation Monitoring and Reporting Program 6
Project Name: Chino Gateway Terminal Project Applicant: Gateway Terminal, LLC.

Date: June 16, 2025
Regulatory Compliance Measure / Implementing
Action
Responsible
for Monitoring Timing of Verification Method of Verification Verified
Date/
Initials
Sanctions for
NonCompliance
buffer between 100 and 300 feet (500 feet for raptors)
around the nest, depending on bird species, behavior,
and level of construction activity, using flagging or
staking. Construction activities shall not occur within any non-disturbance buffer zones until the nest is deemed
inactive by the qualified avian biologist.
1662

PUBLIC WORKS CONDITIONS OF APPROVAL
Reviewed/Approved By: JP Date: 7/1/2025
Template Rev. 2/11/2025
PROJECT NO. PL24-0097 (SCUP)/-0098 (SA)/-0120(SCUP)
DATE: July 1, 2025 PC MEETING DATE: July 16, 2025
PROJECT DESCRIPTION: Proposal for a new mixed use development of two buildings: a building with 158,548 sq ft of industrial warehouse uses and 3,520 sq ft of food and beverage use building. Existing structures, totaling 17,716 SF, are to be demolished. Four (4) lots will be merged into two (2) lots.

PROJECT LOCATION: 5849 Schaefer Avenue
APPLICANT: Gateway Terminal LLC PROJECT ENGINEER: Daniel Aguirre

PRIOR TO THE THREE 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 PUBLIC WORKS DIRECTOR SHALL HAVE THE

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

1.0 PRIOR TO ISSUANCE OF BUILDING OR CONSTRUCTION PERMITS:

1.1. 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 by 8½-inch standard format.

1.2. Make the following dedications:

Street Name Distance Direction From C/L
Oaks Ave 33-ft total from CL to ROW West
(3-ft dedication)

1.2a Dedicate to the City of Chino, a corner cutoff dedication at the southwest corner of Schaefer Ave. and Oaks Ave., per the City’s Municipal Code.

1.2b Prepare and record necessary drainage easements to implement the project in accordance with drainage law.

1.3. Apply for and record a Lot Merger (LM) prior to the issuance of building permits. Record a Conforming Deed with the County of San Bernardino within six months of the recordation of the LM to conform the new legal description. Submit a copy of the recorded Conforming Deed to the Public Works Department.

1.4. 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 Drainage Plan by identifying off-site and on-site storm water runoff impact 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 mitigation measures.
1663
PROJECT NO. PL 24-0098 (SA) 2 July 1, 2025

1.5. 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.

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

1.7. 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.

1.8. Design per City Standards and construct full public improvements for all impacted and interior streets/facilities in accordance with City Code, Standards and Specifications. Such public improvements shall include, but not be limited to, the following (1):

Street Names
Schaefer
Ave
Oaks
Ave
Curb & Gutter (Offset from Centerline) 36’ 22’
Sidewalk (Width) 5’ (2) 5’ (2)
Asphalt Concrete Pavement on Aggregate
Base (Width from Centerline)
Asphalt Concrete Overlay (3) X X
Street Lights (4) X X
Median Island and Landscaping
Parkway Landscaping (5) X X
Striping and Traffic Controls (6) X X
Traffic Signal Interconnect
Conduit System for CATV
Sewer (7) X
Storm Drain X
Domestic Water (8) X X
Recycled Water
Fire Hydrants as required by CVIFD (9) X X
Driveways approaches (10) X X

1. The public improvements listed above are required along the south side of Schaefer Avenue and the west side of Oaks Avenue as specified in our municipal code and per the City of Chino’s General Plan. All required street improvements should follow the new City standard for street trenching backfill and repair. Repair all damage to existing public improvements due to the proposed construction activities and as requested by the Public Works Inspector.

2. The sidewalk shall be extended along the project frontage on Schaefer Ave to the existing catch basin located near the northwesterly corner of the project site. ADA ramps shall be constructed at the southwest and southeast corners of Schaefer and Oaks to align with ADA standards.

3. Grind and overlay a minimum of 2 inches of the existing asphalt pavement along the project frontage in accordance with City of Chino standards. The limits of work shall extend to the street centerline along Oaks Avenue. The extent of asphalt pavement along Schaefer Avenue shall be determined based on the limits shown on the approved precise grading plan, including any areas impacted by new driveway installation, utility connections, or accessibility improvements.

4. Streetlights shall be installed per City of Chino standards and shall utilize an unmetered service pedestal.

5. The parkway maintenance shall be the responsibility of the property owner.

6. Extent of the signing & striping plan shall be dictated by the City Traffic Engineer.

7. Abandon unused sewer service(s) where applicable, per City standards. 1664
PROJECT NO. PL 24-0098 (SA) 3 July 1, 2025

8. Provide new water meters and services and abandon unused water meters and services where applicable, per City standards.

9. All existing fire hydrants that require relocation will need to be upgraded to the latest model per City of Chino standards.

10. All proposed driveway approaches shall be constructed per City Std. No. 250 with 5-ft sidewalks.

Minimum width shall be 30-ft. Minimum radii per City and Chino Valley Independent Fire District (CVIFD) requirements.

1.9. All improvements shall comply with federal, state, and local accessibility regulations and standards. a. 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. b. Where accessibility standards are contradictory, the provision that provides the most accessible (restrictive) condition shall apply.
c. Where the project’s conditions of approval conflict with accessibility regulations and standards, the prevailing provision shall be determined by City’s Accessibility Coordinator and City Engineer.

Pedestrian facilities (privately or publicly owned) that are open to the public shall comply with the City's Policy on Accessible Pedestrian Facilities, accessibility standards in the CBC, and ADA regulations at Part 36 of Title 28, which include the 2010 (ADA) Standards.

Accessibility of existing and proposed building improvements will be evaluated by the City’s building department. Those comments and requests are in addition to those provided herein.

1.10. 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 stubbedout sewer lateral connection into the main sewer for each industrial building in this development.

1.11. Execute a Public Improvement Agreement and submit security in an amount acceptable to the City Engineer to guarantee construction of the public improvements listed in 1.8. 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.

1.12. Complete and file the petition for annexation of your project property to the City's Landscape and Street Lighting Maintenance District MD 2002-01.

1.13. Annex into the current services special tax community facilities district of the City (the “City Services CFD”) through the submission of an application to the City’s Finance Department along with the payment of $11,000.00 plus the per parcel fee, for the City’s outside costs of the annexation process, or (II) form a new City community facilities district with a services special tax component commensurate with the City Services CFD, or (III) provide a lump sum payment to the City which, based on current interest rate conditions, is projected to finance in perpetuity the same services projected to be provided through annexation into the City Services CFD. Upon completion of the annexation, an annual special tax will be assessed on the property tax bill to each Assessor Parcel at an established rate set by the City Services CFD document entitled “Rate and Method of Apportionment” available for review in the CFD Annual Report located at:
https://www.cityofchino.org/222/Community-Facilities-District-Mello-Roos This annual tax is used to fund Police, Fire and other municipal services provided to residents and businesses in the general City.
1665
PROJECT NO. PL 24-0098 (SA) 4 July 1, 2025

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

1.15. Comply with all applicable requirements of the City Code.

1.16. The project must ensure that all pedestrian facilities (private or publicly owned) that are open to the public shall comply with accessibility standards in the City’s 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. This includes 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 and shall comply with the City’ Policy on Accessible Pedestrian Facilities); c. Pedestrian crossings at driveways; and
d. Crosswalks (marked, unmarked, signalized)

1.17. 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 sidewalks improvements. The frontage may include sidewalks, curb ramps, connecting crosswalks (marked and unmarked), and other associated pedestrian facilities (on-street parking space, etc.). a. The following existing improvements shall be made compliant with accessibility regulations as a part of this project:
i. sidewalks/walks
ii. curb ramps near the southwest and southeast corners of Schaefer Ave and Oaks Ave iii. crosswalk pavement and associated pedestrian facilities (pedestrian push buttons, maneuvering space, clear space)
iv. driveway approaches crossings
v. parking space
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 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, dimensions and slopes of maneuvering spaces and landings, width of sidewalk, clear 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 remediated and brought up to accessibility standards as part of the project.

1.18. Pay all applicable fees pursuant to City 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 Section 3.40.100 1666
PROJECT NO. PL 24-0098 (SA) 5 July 1, 2025
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 Section 3.40.080(B) or 3.45.080(B).

1.19. 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 Water Resources Control Board’s (SWRCB) General Permit for storm water discharges associated with construction activity. Proof of filing a Notice of Intent (NOI) with the SWRCB for coverage under this permit is required. A copy of the Waste Discharger’s Identification Number (WDID), issued by 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.

1.20. 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 and include the Trash Order Implementation Plan requirements.

1.21. 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.

1.22. City staff shall determine the type of water (potable or recycled) to be used for grading operations, dust control activities, and common area/public landscape irrigation at the time of permit issuance.

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

1.24. 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.

1.25. Comply with all requirements of the Traffic Impact Analysis (TIA) dated May 21, 2025 including participation in fair share contributions (if applicable) and construction of required improvements.

1.26. If the design of the proposed curb ramps requires modifications to the existing traffic signal at the intersection of Schaefer Avenue and Oaks Avenue, the developer shall be responsible for implementing those modifications. During construction, the developer shall be responsible for any damages attributed to the construction of related public improvements and shall coordinate with the Transportation Division and the City’s designated traffic signal maintenance company for technical support of the traffic signal during construction until such time as the improvements are accepted by the City to the satisfaction of the City Engineer.

1.27. 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. 1667
PROJECT NO. PL 24-0098 (SA) 6 July 1, 2025

1.28. The Developer may coordinate with the City to identify any eligible development impact fee (DIF) credits in accordance with the Chino Municipal Code. If any credits are identified, the Developer shall enter into a mutually agreed-upon DIF credit agreement with the City, which shall be subject to City Council approval.

2.0 PRIOR TO REQUEST FOR AND RELEASE OF OCCUPANCY PERMITS/ACCEPTANCE OF PUBLIC IMPROVEMENTS:

2.1. Construct and secure Public Works Department approval of all public facilities enumerated under Section 1.0 above (per Resolution No. 88-23).

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

2.3. 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.

2.4. The applicant’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.

2.5. 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.

2.6. Pay all remaining applicable fees pursuant to City Code.

2.7. Rehabilitate all street pavement impacted by utility trench repairs as directed by City staff. Install signing and striping per approved plans.

2.8. Submit to the City, electronic files of Tract/Parcel Map and “as-built” improvement plans in AUTOCAD, Esri 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.

3.0 PRIOR TO FINAL ACCEPTANCE/PROJECT CLOSEOUT:

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

3.2 Submit to the City, electronic files of “as-built” improvement plans in AUTOCAD, Esri 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.

Attachment
1668
Rev 6/6/23

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

DEVELOPMENT ENGINEERING DIVISION
PROJECT NO. PL24-0097(SCUP)/-0098 (SA)/-0120 (SCUP)
PROJECT ENGINEER: Daniel Aguirre
DATE: 7/1/2025

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 Plan Check Fee Calculation Form
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
Storm Drain Plans
Hydrology and Hydraulic Calculations with Backup Data (Signed and Sealed by a Registered Civil Engineer)
Engineering Cost Estimate (On City Forms) with Engineer’s Wet Signature and Stamp Street Improvements Plans
Cross-Sections (if street plans are required) at 50’ intervals and extended a minimum of 100’ beyond limits of improvements
Sewer Plans (Delta revisions for proposed connections)
Domestic Water Plans (Delta revisions for proposed connections) Recycled Water Plans
Street Light Plans
Voltage Drop Calculations (Signed and Sealed by a Registered Engineer) Signing and Striping Plans
Traffic Signal Interconnect Plans
Traffic Signal Plans (dependent on curb ramp design)
Water Quality Management Plan
Construction Management Plan
1669
Special Districts Leadership Foundation - District of Distinction Since 2008 June 25, 2025
It is a recommendation of the Fire District that the developer of every new construction project facilitate a preconstruction meeting. The meeting is to be scheduled with the Fire District Inspector for said project.

The following are the conditions of the above referenced permit/project. All conditions shall be adhered to, failure to comply with said conditions may result in the revocation of said permit and/or punitive fines as outlined in the Fire District fee schedule.

We look forward to a cooperative working relationship throughout the project. Should you have any questions regarding the project, including the conditions as set forth herein, please feel free to contact our office at (909) 902-5280.

1.0 THE ITEMS BELOW ARE CONDITIONS OF APPROVAL AND ARE TO BE COMPLETED PRIOR TO RECORDATION:

1.1 Fire access roads shall be designed and plans submitted to the Fire District for approval.

Fire access roads shall be constructed of an all-weather hard surface, such as, asphalt or concrete, and be a minimum unobstructed width of 26 feet and minimum clear height of 13’6”. The road grade shall not exceed twelve percent (12%) maximum. An approved turn around shall be provided at the end of each roadway in excess of 150 feet in length. Aerial access shall be provided for any buildings 30’ ft. and higher per 2019 CFC. Appendix D. A 26’ ft. wide access road shall be a minimum of 15’ ft. to the building and a maximum of 30’ ft. from the building. Access roads shall comply with Fire District Standard No. 111.

Chino Valley Fire District
14011 City Center Drive
Chino Hills, CA 91709
(909) 902-5260 Administration
(909) 902-5250 Fax
Chinovalleyfire.org
2024-00002066
Fire Protection Requirements

GATEWAY TERMINAL LLC
13925 CITY CENTER DR STE 200
CHINO HILLS, CA - California 91709
Project Name: GATEWAY TERMINAL, PL24-
0097(SCUP), PL24-0098 (SA), PL24-0120
Project Address: 5835 & 5885 Schaefer Ave.

Chino, CA. 91710

Board of Directors
Sarah-Ramos Evinger
President
Mike Kreeger
Vice President
Tom Haughey
Harvey Luth
Andrew Romaine
Fire Chief
Dave Williams
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Special Districts Leadership Foundation - District of Distinction Since 2008

1.2 The development and each phase shall have two (2) points of vehicular access during construction. Fire District Standard No. 111 shall be complied with.

1.3 Water systems shall be designed to meet the required fire flow of this development and be approved by the Community Risk Reduction Division. Buildings in excess of 100,000 square feet shall have a minimum of two (2) connections to a public main. The developer shall furnish the Community Risk Reduction Division with three (3) copies of the water system working plans done by the installing contractor for approval, along with the Fire Flow Availability Form completed by the water purveyor prior to recordation. The required fire flow shall be determined by using the California Fire Code, current adopted edition. For all private systems, the water systems shall comply with Fire District Standard Nos. 101, 102, and 103. In areas without water-serving utilities, fire protection water systems shall be based on NFPA Pamphlet 1231. For water connections and work conducted in the public right of way, please refer to separate plans reviewed and approved by the water purveyor.

1.4 Fire hydrants shall be six-inch (6") diameter with a minimum one four-inch (4") and one two and one-half inch (2-1/2") connections. All fire hydrants shall be spaced a maximum of three hundred feet (300') apart. Private water systems shall comply with Fire District Standard Nos. 101, 102, and 114. All hydrants shall be installed with pavement markers to identify their locations.

1.5 Access drives which cross property lines shall be provided with CC & R's, access easements or reciprocating agreements and shall be recorded on the titles of affected properties. Copies of the recorded documents shall be provided at the time of Fire District plan review.

1.6 Underground fire mains which cross property lines shall be provided with CC & R's, easements, or reciprocating agreements addressing the use and maintenance of the mains and hydrants and shall be recorded on the titles of affected properties. Copies of the recorded documents shall be provided at the time of Fire District plan review.

2.0 THE ITEMS BELOW ARE CONDITIONS OF APPROVAL AND ARE TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMIT:

2.1 Fire access roads shall be constructed and approved by the Community Risk Reduction Division prior to combustibles being brought onto the site.

2.2 Approved street signs shall be installed prior to issuance of building permits, as well as a job site address.

2.3 Fire Protection water systems shall be tested, operational, and approved by the Community Risk Reduction Division prior to combustible materials being brought to the site.

2.4 All flammable vegetation shall be removed from each building site for a minimum distance of thirty feet (30') from any flammable building material including all structures. 1671
Special Districts Leadership Foundation - District of Distinction Since 2008

2.5 A detailed site plan of the development is required to be submitted in electronic (pdf.) format. The plan must show and be limited to: locations of property lines, buildings, and equipment and hazards for emergency response purposes. Please refer to Fire District Standard No. 143. Additional or revised files may be required during construction and/or prior to final signoff.

2.6 The Developer shall submit, as an electronic file, a drawing of the new streets in pdf format to the Fire District with the building construction plans. Format must contain and be restricted to the following layers: A. Right of way; B. Parcel Lines; C. Street Names; D. Address numbers; E. Fire Hydrants. Additional or revised files may be required during construction and/or prior to final signoff.

3.0 THE ITEMS BELOW ARE CONDITIONS OF APPROVAL AND ARE TO BE COMPLETED PRIOR TO OCCUPANCY:

3.1 An automatic protection fire sprinkler system is required for all buildings 5,000 sq. ft or greater. and/or when used for allowable area increase, if applicable. This system shall comply with NFPA Standard No. 13 and Fire District Standard No. 110. An electronic/PDF set of detailed plans along with hydraulic calculations and material specifications shall be submitted to the Community Risk Reduction Division. The system shall be installed, tested and approved prior to system final. Fire sprinkler systems shall be installed by a licensed C-16 contractor and the contractor is required to submit a report to The Compliance Engine (TCE).

3.2 An automatic fire alarm system is required. An electronic/PDF set of detailed plans shall be submitted showing the design, system components, signaling devices, fire alarm power supply, control panel and auxiliary devices and functions of the alarm system. Please refer to Fire District Standard No. 133 and current adopted editions of the California Building Code, as well as NFPA Standard 72. The contractor is required to submit a report to The Compliance Engine (TCE).

3.3 Approved in-building, two-way emergency responder communication coverage for emergency responders shall be provided in all new buildings, if ERRC evaluation determines the need for installation of system. In-building, two-way emergency responder communication coverage within the building shall be based on the existing coverage levels of the public safety communication systems utilized by the jurisdiction, measured at the exterior of the building. System shall comply with current adopted edition of the California Fire Code, NFPA 70, 72 & 1221 and the contractor is required to submit a report to The Compliance Engine (TCE).

3.4 An automatic fixed fire extinguishing system may be required. An electronic/PDF set of detailed plans shall be submitted to the Community Risk Reduction Division for approval.

System shall comply with current adopted edition of the California Fire Code, NFPA Standard 17-A, and UL 300. Please refer to Fire District Standard No. 112. The contractor is required to submit a report to The Compliance Engine (TCE).

3.5 Insulated liquid carbon dioxide systems with more than 100 pounds (45.4 kg) of carbon dioxide used in beverage dispensing applications shall comply with CFC, Section 5307.3.1., and shall be provided with mechanical ventilation or a gas detection system. The contractor is required to submit a report to The Compliance Engine (TCE). 1672
Special Districts Leadership Foundation - District of Distinction Since 2008

3.6 A maximum occupant load sign shall be posted in a conspicuous location neat the main entrance/exit of the room, if occupant load is greater than 49 people. Such sign shall be legible.

3.7 Hand-held portable fire extinguishers are required to be installed. The location, type and cabinet design shall be approved by the Community Risk Reduction Division.

3.8 Exits, doors, signs and approved path marking shall be installed in accordance with the current adopted edition of the California Building Code, Section 1007

3.9 "No Parking - Fire Lane" signs shall be installed in interior access drives at locations designated by the Community Risk Reduction Division. Curbs shall be painted red at locations designated by the Community Risk Reduction Division. Please refer to Fire District Standard No. 121.

3.10 An approved recessed Fire Department "KNOX" brand key box is required. The key box shall be located at or near the main entrance(s), and shall be provided with a tamper switch and shall be monitored by an approved central station monitoring service. Please refer to Fire District Standard No. 117.

3.11 An approved Knox key switch and/or Knox lock is required on each automatic electric or manual gate that crosses an EVA. All automatic gates shall be provided with a manual override. Fire District Standard No. 116 & 117 shall be complied with.

3.12 Commercial, industrial, and multi-family building addresses shall be posted with a minimum eight inch (8") numbers, visible from the street and during the hours of darkness they shall be internally or externally electrically illuminated. Posted numbers shall contrast with the background used and be legible from the street.

Where building set back exceeds 100 feet from the roadway, additional non-illuminated six inch (6") numbers shall be displayed at the property access entrance. These numbers shall also contrast with the background used. Fire District Standard No. 122 must be complied with.
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Special Districts Leadership Foundation - District of Distinction Since 2008

3.13 An electronic/PDF set of plans shall be submitted separately for each of the following listed items to the Fire District for review, approval and permit prior to any installation or work being done. Approved plans must be maintained at the worksite during construction. Fees are due at the time of submittal.

a) Building Construction, includes tenant improvement work b) Private (onsite) Underground Fire Protection Water Systems, if applicable c) Fire Sprinkler Systems, designed by C16 contractor or registered engineer d) Fire Alarm Systems or Sprinkler Monitoring Systems designed by a C7, C10 contractor or registered engineer.
e) Knox box and/or security gate locations.
f) Gas detection systems
g) Emergency Responder Radio Coverage Systems
Applicable Standards:
101, 102, 103, 110, 111, 114, 117, 121, 122, 133, 141, 143 CVFD Standards available online at http://www.chinovalleyfire.org 1674

MEMORANDUM

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT
CITY COUNCIL MEETING DATE: SEPTEMBER 16, 2025
TO: LINDA REICH, CITY MANAGER
FROM: WARREN MORELION, AICP, DIRECTOR OF DEVELOPMENT SERVICES

SUBJECT
..titl e
2025 Americans with Disabilities Act (ADA) Annual Report. ..end

RECOMMENDATION
..recommendation
Receive and file the 2025 ADA Annual Report which documents the accessibility improvements completed in FY24 and FY25, outlines minor revisions to the schedule for future projects, and provides an overview of accessibility projects planned for FY26. ..body

FISCAL IMPACT
There is no fiscal impact.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above furthers the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
 Positive City Image
 Superior Customer Service
 Responsible Long-Range Planning
Revenue: Expenditure:

Transfer In: Transfer Out:
1675
CITY COUNCIL MEETING DATE: SEPTEMBER 16, 2025
TITLE: 2025 AMERICANS WITH DISABILITIES ACT (ADA) ANNUAL REPORT.

PAGE: 2

BACKGROUND
The Americans with Disabilities Act (ADA) is a comprehensive civil rights law that mandates equal opportunity for individuals with disabilities. The ADA prohibits discrimination in access to jobs, public accommodations, government services, public transportation, and telecommunications, and requires public entities to provide programs, activities, and services in a manner that ensures equitable access for people with disabilities.

In 2024, a comprehensive Citywide ADA self-evaluation and transition plan was completed evaluating the City’s programmatic and administrative activities, public buildings and park facilities, and public right-of-way facilities. The ADA Transition Plan was adopted by the City Council and requires the City to incorporate accessibility improvements and barrier removal into its long-range planning to bring programs and facilities that have structural barriers into compliance within a 20 year time period.

The purpose of the ADA Annual Report is to document the City’s commitment to and progress towards eliminating barriers to access for people with disabilities. It also creates a process for adjustments to the ADA Transition Plan, highlights the barriers removed, and identifies the planned accessibility projects for the coming fiscal year. Finally, the report demonstrates a good faith effort for ongoing compliance by sharing regular updates on the progress of the ADA Transition Plan with the public.

ISSUES/ANALYSIS
The ADA Annual Report summarizes the City’s general compliance with administrative requirements, including the Public Notice and ADA Grievance Procedure. The report also documents the City’s internal activities, as well as formal actions that have been implemented since the self-evaluation was completed.

Two adjustments were made in the ADA Annual Report to the ADA Transition Plan. The first amends the project phasing schedule to reflect the City’s most current Capital Improvement Program. Walnut Park and the Police Department improvements were moved up to earlier phases in the schedule, while the Water Environmental Building improvements, which has been identified as an employee-only facility, is being moved to a later phase.

The second change removes 12 facilities from the ADA Transition Plan following the determination that those facilities are owned by other entities and are therefore not the responsibility of the City. These 12 facilities consist of 11 parks owned by their respective homeowner associations, and The Preserve Community Center, which is owned by the Chino Valley Unified School District. The survey reports for each of the 12 non-city owned sites will be provided to the owners of these sites so they can understand the condition and can plan to remove the access barriers.

Finally, the ADA Annual Report highlights accessibility improvements completed in FY24 and FY25. For City buildings and park facilities, 94 barriers were removed at 11 locations. For public right-of-way improvements, 129 curb ramps were remediated and 417 sidewalk segments (measured in 10-foot increments) were repaired. Specific projects and locations are indicated within the attached ADA Annual Report. For FY26, there are 13 planned accessibility improvement projects in the City’s approved FY26 budget. The specific locations of these projects are also listed within the ADA Annual Report.

Attachment: 2025 Americans with Disabilities Act (ADA) Annual Report 1676
2025
Americans with Disabilities Act
(ADA) Annual Report
1677
2 Table of Contents
Executive Summary................................................................................................................. 3 Background.......................................................................................................................... 3 Purpose................................................................................................................................ 3 General Compliance................................................................................................................ 4 Notice Under the Americans with Disabilities Act................................................................. 4 ADA Grievance Procedure ................................................................................................... 4 Designated ADA Coordinator............................................................................................... 5 Accessibility Compliance and Implementation Team ........................................................... 5 Accessibility Training and Community Events...................................................................... 5 Self-Evaluation and Transition Plan......................................................................................... 7 Changes to the ADA Transition Plan Schedule ....................................................................... 7 Accessibility Improvements ..................................................................................................... 8 Program and Administrative Accessibility............................................................................. 9 City Building and Park Facility Accessibility ......................................................................... 9 Public Right-of-Way Facility Accessibility ........................................................................... 10 Project Plan for Fiscal Year 2026 .......................................................................................... 11 1678
3 Executive Summary
The Americans with Disabilities Act (ADA) is a comprehensive civil rights law that mandates equal opportunity for individuals with disabilities. The ADA prohibits discrimination in access to jobs, public accommodations, government services, public transportation, and telecommunications, and requires public entities to provide programs, activities, and services in a manner that ensures equitable access for people with disabilities.

In 2024, the City of Chino (“City”) completed a comprehensive evaluation of its policies and programs to determine the extent to which individuals with disabilities may be restricted in their access to services and activities. This 2025 Americans with Disabilities Act (ADA) Annual Report (“ADA Annual Report”) documents progress made towards the elimination of barriers to access during FY24 and FY25 that were identified in the 2024 ADA Title II Self-Evaluation and Transition Plan (“ADA Transition Plan”) and outlines the City’s objectives for the next fiscal year (FY26) for removing barriers to programs, services, and activities.

Background
ADA Title II (28 CFR § 35) applies to State and local government entities and protects qualified individuals with disabilities from discrimination on the basis of disability in services, programs, and activities provided by State and local government entities. Title II extends the prohibition on discrimination established by Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), to all activities of State and local governments regardless of whether these entities receive Federal financial assistance.

Consistent with 28 CFR §35.133(a), the City will maintain the accessibility of its programs, activities, services, facilities, and equipment, and will take whatever actions are necessary to do so, such as routine testing of accessibility equipment and routine accessibility audits of its programs and facilities. This does not prohibit isolated or temporary interruptions in service or access due to maintenance or repairs.

Purpose
The purpose of the ADA Annual Report is multifaceted. First and foremost, this report documents the City’s adherence to the requirements of the ADA. It demonstrates the City’s commitment to eliminating barriers to access for people with disabilities in all of its programs, services, and activities.

In addition, it creates a process for adjustments to the ADA Transition Plan as priorities and programs shift. This minimizes the potential for the ADA Transition Plan to become inaccurate 1679
4 or outdated. It also provides an opportunity to reassess long range planning priorities as needs change or in response to the changing needs of the community.

Furthermore, it highlights the barriers removed during the previous fiscal year and provides a list of planned future improvements for the upcoming fiscal year. This provides a clear account of the City’s construction and non-construction accessibility related activities, as well as streamlined tracking and documentation of the ADA Transition Plan schedule.

Finally, it demonstrates a good faith effort for ongoing compliance. By sharing regular updates on progress and priorities with the public, the City creates the opportunity for dialogue with members of the public with disabilities and alleviates the perception of inaction.

General Compliance
The ADA outlines several basic requirements for local government entities to support access to civic life by people with disabilities. This section outlines those basic requirements as well as best practices for interdepartmental coordination and community input.

Notice Under the Americans with Disabilities Act
In accordance with 28 CFR § 35.106, the City of Chino has made available to applicants, participants, beneficiaries, and other interested persons information regarding the provisions of the ADA and its applicability to the services, programs, and activities offered by the City.

The ADA Public Notice is posted at all City Facilities, is available in Spanish, and can be provided in other languages and formats upon request. The City’s most up-to-date ADA Notice with current contact information can be found at www.cityofchino.org/ada.

ADA Grievance Procedure
In accordance with 28 CFR § 35.107, the City has adopted and published a grievance procedure providing for the prompt and equitable resolution of complaints alleging any action that would be prohibited by Title II of the ADA. Title II states, in part, that “no otherwise qualified disabled individual shall, solely by reason of such disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination in programs, services or activities sponsored by a public entity.”
The ADA Grievance Procedure is posted at all City Facilities, is available in Spanish, and can be provided in other languages and formats upon request. The City’s most up-to-date ADA 1680
5 Grievance Procedure with current contact information can be found at www.cityofchino.org/ada.

During FY25, five formal grievances were filed with the Accessibility Coordinator. Additionally, two informal inquiries were brought to the attention of the Accessibility Division. Informal inquiries are issues brought to the Accessibility Coordinator anonymously or for which the grievant does not wish to file a formal complaint. These were investigated following a similar process as formal grievances. The Accessibility Coordinator also received one request for program modification. This is not a comprehensive count of requests for modifications Citywide, as each department is authorized to provide reasonable modifications to any person accessing the City’s programs, services, and activities.

Some requests received by the Accessibility Coordinator were related to issues outside the purview of the City or the Accessibility Division. These requests resulted in referrals to outside agencies or other departments for assistance.

Designated ADA Coordinator
In accordance with 28 CFR § 35.107 the City, being a public entity that employs 50 or more persons, has designated Lisa Almilli to coordinate its Citywide efforts to comply with and carry out its responsibilities under the ADA. Her contact information is readily available on the City’s website at www.cityofchino.org/ada.

Accessibility Compliance and Implementation Team
The Accessibility Compliance and Implementation Team is comprised of employees within different departments who play a critical role in the implementation of the ADA Transition Plan and the tracking of program or structural accessibility improvements. The team works with the Accessibility Coordinator to ensure documentation of completed improvements, planning of future improvements, and improving internal processes to meet regulatory compliance.

Accessibility Training and Community Events
Disability awareness and education continues to be a priority in the City. Knowledge of and training about the ADA and other civil rights laws and regulatory compliance is essential to ensure City employees have the most up-to-date information about the requirements.

In 2022, all City staff received ADA Basics training, which covers general nondiscrimination, program access, and effective communication. Since then, this training has been conducted through the new hire orientation process. Additionally, virtual or in-person training on 1681
6 accessibility is offered to employees throughout the year. Below are some of the trainings that City staff attended during the last year:

Training Department / Division
2022 CBC Chapter 11B: Accessibility for Public
Housing Developments and Chapter 11A:

Accessibility for Privately Funded Multi-Family
Dwellings - CALBO
Development Services / Building
New ADA Title II Web Content and Mobile App
Requirements Webinar – Great Lakes ADA Center Development Services / Accessibility History of Disability Access and California
Accessibility Statutes, California Compliance Bills
and CRASCA Reports – Division of the State
Architect
Development Services / Building
ADA Litigation Webinar – Great Lakes ADA Center Development Services / Accessibility & Human Resources Risk Management
Examining Path of Travel Triggers for Additions and
Alterations in Chapter 11B - CALBO Development Services / Building Beyond Compliance: Equity, Access, and the ADA
Virtual Conference 2025 – Pacific ADA Center
Administration / Communications & Police /
Emergency Management
Applicable Standards, Effective Use of the CBC,
Federal Regulations, and ADA Barrier Removal
Requirements – Division of the State Architect
Development Services / Building
National ADA Symposium – Virtual Conference
Public Works, Development Services,
Human Resources Risk Management,
Community Services Parks & Recreation
National ADA Symposium – In Person Conference Development Services / Accessibility Comparing the ADA and the CBC, State and Federal
Housing Accessibility Standards – Division of the
State Architect
Development Services / Building
2025 Virtual ADA Conference for State and Local
Governments – State of Georgia Development Services / Accessibility Functional Assessment Services Team (FAST)
Training – CA Dept of Social Services, Disaster
Services Branch
Development Services / Accessibility &
Community Services Parks & Recreation
Pedestrian Facilities: Planning and Conceptual
Design for Accessibility and Safety – UC Berkeley
TechTransfer (Virtual)
Public Works & Development Services
Unpacking the 2022 Intervening Code updates for
Multi-User All-Gender Restrooms – CALBO Development Services / Building The City also collaborated with community partners to host events for people with disabilities as well as older adults at the Chino Senior Center. Below are some of the events hosted over the last fiscal year:
1682
7  Seniors at the Square – July/August 2024
 Inaugural Inclusion Community Celebration – September 2024  Senior Health and Wellness Fair – November 2024
 Grand opening of the City’s first all-inclusive park, Chino Rancho Park – March 2025  Legends Challenge at the Senior Center – April 2025
 Safe and Sound: Engagement with First Responders – April 2025 Self-Evaluation and Transition Plan
In accordance with 28 CFR § 35.105 and 28 CFR § 35.150(d), the City completed an initial self-evaluation and transition plan in 1994. An updated self-evaluation of City-owned buildings and parks was completed between 2017 and 2019 as well as data collection on curb ramp and sidewalk compliance in 2022. In 2024, a comprehensive Citywide ADA self-evaluation and transition plan was completed evaluating the City’s programmatic and administrative activities, public buildings and park facilities, and public right-of-way facilities.

The transition plan sets forth the steps necessary to complete structural changes to facilities to achieve program accessibility. The City provided opportunities for interested persons, including individuals with disabilities and organizations representing individuals with disabilities, to participate in the development of the transition plan by submitting comments. The final ADA Transition Plan was adopted by the Chino City Council in February 2024. The ADA Transition Plan is located on the City’s website and copies of the plan shall be made available for public inspection upon request.

The records of the Citywide self-evaluation, including the individual site surveys and public right-of-way surveys, are maintained by the Accessibility Coordinator. Building and park facility barriers and remediations are documented in ADA AssetCALC, a web-based SQL database platform. Public right-of-way pedestrian facility barriers and remediations are documented in the City’s GIS database.

Changes to the ADA Transition Plan Schedule
The ADA Transition Plan is a snapshot in time that evaluated and prioritized accessibility barrier removal throughout the City. It is a living document and can be modified and updated on a periodic basis to reflect barrier removal efforts, changes in economic conditions, new and revised strategies, and to reflect future public input. The ADA Report creates a method to document adjustments to the plan as priorities and programs shift. 1683
8 City building and park facilities are prioritized in five phases over a 13-year period. The following adjustments are being made to the transition plan schedule:

Building or Park Original Phase New Phase Reason
Walnut Park Phase 3 Phase 1 Funding priorities
Police Department Phase 5 Phase 2
Public access portions of the
facility and level of public
interaction
Water Environmental
Building Phase 2 Phase 5 Will not be a public facing facility (staff only) Additionally, some facilities listed on the ADA Transition Plan were discovered to not be owned by the City, but instead by another entity. Remediation of barriers to access at the following facilities are not a responsibility of the City, however, the survey reports for each site will be provided to the owners of those respective facilities:
 Preserve Community Center (owned by the Chino Valley Unified School District)  Energy Park (owned and maintained by the HOA)
 Evergreen Park (owned and maintained by the HOA)
 Gallery Park (owned and maintained by the HOA)
 Golden Tree Park (owned and maintained by the HOA)
 Harvest Park (owned and maintained by the HOA)
 Hidden Hallow (owned and maintained by the HOA)
 Inspiration Park (owned and maintained by the HOA)
 Lotus Park (owned and maintained by the HOA)
 Mulberry Park (owned and maintained by the HOA)
 Secret Garden Park (owned and maintained by the HOA)
 Symphony Park (owned and maintained by the HOA)
Accessibility Improvements
There are two kinds of accessibility: structural accessibility and program accessibility.

Structural accessibility requires that a facility be readily accessible to and usable by individuals with disabilities. To be “readily accessible”, a facility must be constructed in conformance with the 2010 ADA Standards and, in the state of California, with Title 24 California Building Code accessibility requirements.

Program access requires the City to operate its services, programs, and activities so that when viewed in their entirety the service, program, or activity is readily accessible and usable by individuals with disabilities. Program accessibility entails all policies, practices, and procedures that permit people with disabilities to participate in programs and to access important 1684
9 information. Program accessibility requires that individuals with disabilities be provided an equally effective opportunity to participate in or benefit from a public entity’s programs and services. Program accessibility may be achieved by either structural or non-structural methods.

When choosing a method of providing program access, the City will give priority to the one that results in the most appropriate integrated setting to encourage interaction among all users, including individuals with disabilities. The City does not have to take any action if it can demonstrate that the action would result in a fundamental alteration in the nature of a program or activity, would create a hazardous condition, or would represent an undue financial and administrative burden.

Program and Administrative Accessibility
An evaluation of the City's current program and administrative requirements was completed in the ADA Transition Plan providing recommendations for modifications. The City implements the necessary modifications for non-structural program access to be in compliance with the 28 CFR § 35.105. Below are some notable formal actions that the City took in FY24 and FY25:
 Special event application process includes formal accessibility review for both internal and external events
 Accommodation language has been added on event notices and flyers  All job descriptions include an Equal Employment Opportunity statement as well as language for reasonable accommodations for specific job requirements  Contact information for accommodation requests during the hiring process is posted on the website and all job postings
 A reasonable accommodation policy and procedures was developed  An effective communication policy and procedures was developed  Vendors for alternative formats for written materials, such as Braille, large print, audio and electronic formats we established
 A curb ramp request form was added to the My Chino app and City website City Building and Park Facility Accessibility
As previously mentioned, remediation of barriers identified in City buildings and park facilities are prioritized in five phases over a 13-year period. During FY24 and FY25, 94 accessibility barriers were remediated at City buildings and parks. Some barriers were able to be removed by the Facilities Maintenance Division or the Public Works Services Division through regular maintenance of accessible features or because they were easily removable. Others required more complex design and construction. At the end of FY25, the City is approximately 20% into 1685
10 Phase 1 timing of the transition plan schedule for City buildings and park facilities and has removed 13% of the barriers identified.

The table below represents City building and park facility accessibility improvement projects that were completed in FY24 and FY25.

Location Project Scope Completion
City Hall Accessible parking upgrades in north lot FY24 Gray Building Restroom accessibility upgrades FY24
Villa Park Restroom accessibility upgrades FY25
Cypress Trails Park Restroom accessibility upgrades FY25 Heritage Park Restroom accessibility upgrades FY25
Mountain View Park Restroom accessibility upgrades FY25 Community Garden Restroom accessibility upgrades FY25
Ayala Park Softball fields 1-4, accessible routes,
restrooms & concession stand (Bldg. D) FY25
Old Schoolhouse Museum Accessibility upgrades for accessible routes, entrance ramp, accessible parking FY25
City Hall South Remodel lobby restrooms to include
accessible single-user restroom FY25
Public Works Services Center Accessible parking upgrades FY25 Public Right-of-Way Facility Accessibility
The schedule for the remediation of accessibility barriers within the public right-of-way is prioritized in three phases over a period of 20 years. During FY24 and FY25, 129 curb ramps were remediated and 417 sidewalk segments (measured in 10-foot increments) were repaired.

At the end of FY25, the City is approximately 25% into Phase 1 timing of the transition plan schedule for public right-of-way facilities and has removed 21% of the barriers identified.

The table below represents projects in the public right-of-way that incorporated accessibility improvements and were completed in FY24 and FY25.

Location / Project # Project Scope Completion
Monte Vista Ave at D St / PK183
Construction of curb ramps, pedestrian
crossing beacon along frontage of Monte
Vista Park
FY24
E-W Alleys between Chino Ave & D
St from 9th St to 13th St / G6220
Path of travel and alley entrance
improvements FY24
1686
11 Grand Ave-Pipeline Ave to SR-71;
Pipeline Ave-Grand to Eucalyptus /
ST162
Street Rehab Project and construction of
curb ramps FY24
7 th St – B St to Washington Ave ADA
Curb Ramp Improvements /
Maintenance Svs.

Construction of curb ramps and adjacent
sidewalk panels FY24
Citywide Street Rehab FY24 / ST241-
Concrete Construction of curb ramps FY25
3 rd St – H St to Schaefer Ave / ST173 Construction of sidewalk FY25 Yorba Ave Improvements-Chino Ave
to Schaefer / ST233
Street Rehab Project and construction of
curb ramps FY25
D St – 6
th St to Central Ave / WA221
Waterline replacement project and
construction of curb ramps and adjacent
sidewalk panels
FY25
Project Plan for Fiscal Year 2026
The table on the following page represents planned accessibility improvement projects for FY26 that address barriers identified in the ADA Transition Plan. These include structural accessibility improvements to City buildings and park facilities, as well as the public right-ofway pedestrian facilities. The budgeted cost is the estimated cost of the project as shown in the City’s approved FY26 budget. The actual cost of the project may change due to changes to the anticipated scope of the work or other unforeseen factors that may present themselves during the design or construction phase.

Location/Project # Planned Improvements Type of Work Responsible Department
Project
Cost
Local Street Rehab
– Concrete / ST251
Design of approx. 190
curb ramps to be applied
to future CIP projects
Design Public Works $408,990
Pavement
ImprovementsWalnut Ave &
Russell Ave /
ST260
Street rehab project with
construction of curb
ramps
Construction
(proposed completion
FY27)
Public Works $999,600
Monte Vista Ave &
Walnut Ave Traffic
Signal / TR212
Installation of traffic
signal and construction
of curb ramps at the
intersection
Design Public Works $3,500,000
Yorba Ave &
Walnut Ave
Pedestrian
Crossing / ST261
Installation of high
visibility crosswalk with
RRFB and construction
Construction
(proposed completion
FY27)
Public Works $571,120
1687
12 of intersection curb
ramps
Monte Vista Park /
PK255
Parking lot expansion
and remediation of
accessible parking
spaces
Design
Public
Works/
CSPR
$100,000
Walnut Park /
PK223
Accessibility
improvements including
playground, site
furnishings, parking lot
and restrooms
Design &
Construction
(proposed completion
FY27)
CSPR $1,100,000
Carolyn Owens
Community Center
/ PK234
Demonstration garden
and exterior path of
travel accessibility
improvements
Design &
Construction
(proposed completion
FY27)
CSPR $497,785
Carolyn Owens
Community Center
/ PK252
Tot lot and exterior path
of travel accessibility
improvements
Design &
Construction
(proposed completion
FY27)
CSPR $75,000
Police Department
Accessible parking
spaces with
solar/charging station
project
Design &
Construction CSPR $112,432
Community
Building
Men’s restroom
accessibility
improvements
Design &
Construction CSPR $50,000
Heritage Park /
PK261
Accessibility
improvements Design CSPR $100,000
Shady Grove Park
/ PK262
Accessibility
improvements Design CSPR $100,000
Youth Museum /
PF261
Interior accessibility
improvements Design CSPR $100,000
1688

MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT
CITY COUNCIL MEETING DATE: SEPTEMBER 16, 2025
TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, PE, DIRECTOR OF PUBLIC WORKS

SUBJECT
..titl e
Construction credit/reimbursement agreement with Lennar Homes of California, a California corporation for the construction of public improvements for Tract Map No. 18972 (University Park).
..end

RECOMMENDATION
..recommendation
1) Appropriate and authorize the reimbursement of $302,591.16 from the Citywide Circulation (Streets, Signals & Bridges) Development Impact Fee Fund 220; 2) appropriate and authorize the reimbursement of $250,428.00 from the Citywide Water Source Storage and Distribution Development Impact Fee Fund 253; 3) approve a Construction Credit/Reimbursement Agreement with Lennar Homes of California, LLC, a California corporation, in an amount not to exceed $553,019.16 for the construction of master-planned public facilities required as a condition of approval for Tract Map No. 18972; and 4) authorize the City Manager to execute all the necessary documents on behalf of the City.
..body

FISCAL IMPACT
Approval of this agreement will result in a total appropriation of $553,019.16. This includes:

1. An appropriation of $302,591.16 from the Citywide Circulation (Streets, Signals & Bridges) Development Impact Fee Fund 220; and

2. An appropriation of $250,428.00 from the Citywide Water Source, Storage, and Distribution Development Impact Fee Fund 253.

Sufficient fund balances are available in Funds 220 and 253. There is no impact to the General Fund.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
 Financial Stability
 Responsible Long-Range Planning
Revenue: Expenditure: 2207005-43640 & 2537005-43640
Transfer In: Transfer Out:
1689
CITY COUNCIL MEETING DATE: SEPTEMBER 16, 2025
TITLE: CONSTRUCTION CREDIT/REIMBURSEMENT AGREEMENT WITH LENNAR HOMES

OF CALIFORNIA, A CALIFORNIA CORPORATION FOR THE CONSTRUCTION OF PUBLIC IMPROVEMENTS FOR TRACT MAP NO. 18972 (UNIVERSITY PARK).

PAGE: 2

BACKGROUND
Tract Map No. 18972 (University Park), developed by Lennar Homes of California, LLC, consists of 147 single-family detached condominium units on approximately 20.82 adjusted gross acres within the East Chino Specific Plan area. The project site is located on the north side of Eucalyptus Avenue, between Fern Avenue and Euclid Avenue, as depicted in Exhibit A of the Subdivision Improvement Agreement attached hereto. The project received Planning Commission approval on December 21, 2015.

Pursuant to the Engineering Conditions of Approval (COA), the developer was required to construct various public improvements, including but not limited to curb, gutter, sidewalk, streetlights, asphalt concrete pavement, landscaping, traffic signals, as well as sewer, water, recycled water, and drainage improvements. To ensure the timely completion of these improvements, the developer executed a Subdivision Improvement Agreement with the City and posted the required securities. The agreement was approved by the City Council on May 2, 2017.

Certain public improvements constructed as part of the project are master-planned facilities identified in the City’s Development Impact Fee (DIF) program. Under the DIF Ordinance, if a developer constructs a public facility identified in the DIF Nexus and Calculation Report as a condition of project approval, the developer is eligible to receive reimbursement and/or a credit toward the DIFs imposed for that same type of facility. Accordingly, a construction credit and reimbursement agreement with the City is warranted.

The public improvements required as part of this project were accepted by the City Council on November 15, 2022. This action was taken in conjunction with the Council’s approval of global settlement agreements resulting from negotiations between the City Attorney’s Office, City staff, and various developers, including Lennar Homes of California. These agreements resolved disputes related to compliance with accessibility standards under the Americans with Disabilities Act and California law for various City-approved developments dating back to the mid-2000s.

Presented concurrently to the City Council, the settlement agreements established a standardized framework for accepting public improvements, releasing securities, and closing out tracts based on designated categories.

Tract Map No. 18972 was included in Category A of the settlement framework, which applies to developments with improvement plans approved on or before December 31, 2016, and requires no additional corrective work beyond administrative closeout. Acceptance of the public improvements on November 15, 2022, authorized the release of posted securities upon receipt of all required documentation, initiated the warranty period, and transferred maintenance responsibilities to the City.

ISSUES/ANALYSIS
Following final acceptance of the public improvements, the developer submitted a complete cost package to the City, including approved as-built plans, specifications, and supporting documentation. City staff conducted a comprehensive review of the submitted materials and verified the actual construction costs for DIF-eligible, master-planned facilities against the cost thresholds established in the City’s DIF Nexus and Calculation Report.

A full reconciliation of the developer’s financial contributions, the corresponding DIF credits, and any applicable cash reimbursements is provided in Exhibit B of the proposed Construction Credit and Reimbursement Agreement and summarized in the table below. 1690
CITY COUNCIL MEETING DATE: SEPTEMBER 16, 2025
TITLE: CONSTRUCTION CREDIT/REIMBURSEMENT AGREEMENT WITH LENNAR HOMES

OF CALIFORNIA, A CALIFORNIA CORPORATION FOR THE CONSTRUCTION OF PUBLIC IMPROVEMENTS FOR TRACT MAP NO. 18972 (UNIVERSITY PARK).

PAGE: 3
Additionally, staff presented an informational item to the Infrastructure/Streets Committee at the June 24, 2025, meeting regarding the proposed Construction Credit and Reimbursement Agreement with Lennar Homes for Tract Map No. 18972.

During that meeting, the Committee raised questions regarding the traffic signal at Fern and Eucalyptus. Specifically, concerns were raised about Lennar’s financial contribution of $553,500 to the City to fund construction of the signal through the City’s Capital Improvement Program (CIP). This prompted uncertainty over whether the deposit fully covered the cost of the improvement and whether the developer should receive DIF credit, given they did not directly construct the improvement.

Staff returned to the Committee on July 29, 2025, with a follow-up report itemizing all DIFeligible public improvements constructed or funded under Tract Map No. 18972 and provided a detailed reconciliation of credits and reimbursements as shown in the table below.

Projects Nexus Study
Costs
Developer
Costs
DIF Credits
Issued
Reimbursement
(Cash)
Traffic Signal:

Fern / Eucalyptus $296,112 $553,500 ($296,112) $0.00
Traffic Signal:

Euclid / Eucalyptus $296,112 $212,484 ($91,104) $121,380 Improvements:

Euclid / Edison $1,075,604 $181,211 $0.00 $181,211
16” Water Line:

Euclid $2,408,000 $384,085 ($133,657) $250,428
Total $553,019
Staff clarified that under the City’s DIF program, eligibility for credit is based on demonstrated financial responsibility for eligible improvements, regardless of whether the developer selfperforms the construction or contributes funds through the City’s Capital Improvement Program.

Accordingly, Lennar’s $553,500 cash contribution toward the Fern and Eucalyptus traffic signal qualifies for credit issuance consistent with the Nexus Study allocation. It should be noted that the developer is only eligible to receive credit up to the Nexus Study cost estimate of $296,112, as the cash deposit amount was negotiated separately through a settlement agreement with the City and does not entitle the developer to credit beyond the established program thresholds.

Therefore, it is staff’s recommendation to approve the Construction Credit and Reimbursement Agreement with Lennar Homes of California, LLC, in the amount of $553,019.16, and authorize the necessary appropriations to facilitate reimbursement in accordance with the terms outlined in the agreement and the City’s DIF program.

Attachments: Exhibit A – Fully Executed Subdivision Improvement Agreement Exhibit B - Construction Credit & Reimbursement Agreement 1691
Contract No. 41- 7 - Sm
Approved 51,z l:r i) et//

SUBDIVISION IMPROVEMENT AGREEMENT
TRACTMAP NO. 18972
THIS AGREEMENT is entered into by and between the CITY OF CHINO, a Municipal Corporation of the State of California ( hereafter called " the City") and LENNAR HOMES OF CALIFORNIA, INC., A CALIFORNIA CORPORATION ( hereafter called "the Subdivider").

WHEREAS, the Subdivider is the owner of certain real property situated in the City of Chino, County of San Bernardino, State of California, generally known and described as Tract Map No. 18972, which is the subject matter of this Agreement( hereafter called "the Property"); and WHEREAS, the Subdivider has submitted an application to the City to subdivide the Property as Tract Map No. 18972 (hereafter called "the "Map"); and WHEREAS, the Subdivider proposes to develop the Property and construct certain improvements hereon as hereinafter set forth; and
WHEREAS, the City desires to assure that said proposed improvements will be constructed and installed in a good and workmanlike manner, and in strict accordance with all applicable laws, statutes, ordinances, resolutions and regulations now in force and effect in the City of Chino, and the terms and conditions imposed on the approval of said Map by the Planning Commission and the City Council, all of which are incorporated herein; and WHEREAS, the Subdivider acknowledges familiarity with the City's subdivision ordinance and requirements and the Subdivision Map Act ( Government Code Sections 66410-66499.37) and hereby agrees to comply therewith; and
WHEREAS, the Subdvider has prepared and submitted a final tract map for the Property in accordance with the City' s requirements for approval by the City Council.

NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:

Article 1 Duty to Install Public Improvements

1. 1 Requirements for Public Improvements. The Subdivider shall, at his/her/its own cost and expense, construct, install and complete all of the public improvements contained in Exhibit 1 in a good and workmanlike manner, according to the approved plans and specifications, and to the satisfaction of the Assistant City Manager/Director of Public Works or his designee, within two ( 2) years from the date of the City' s approval of this Agreement, and within the time frame and subject to the conditions set forth in the Encroachment Permit that is issued for the required public improvements. The time for completion may be extended up to one ( 1) additional year by the City Council for good cause shown. The sum of Four Million Eight Hundred Eighty-Four Thousand Five Hundred and 00/ 100 dollars ($ 4,885,500.00) is the estimated Agreement Masters\Subdivision Improvement Agreement( General City, CP)\REV 15-0128\ 1VIB Page 1 of 9 1692
construction cost of said improvements.

1. 2 Ownership of Public Improvements. All public improvements constructed or installed pursuant to this Agreement shall become the sole exclusive property of the City, without payment therefore, upon acceptance of said improvements by the City.

1. 3 Definition of Improvements. The term " improvement" shall mean any and all work or infrastructure required for the development of this subdivision, including, but not limited to, bicycle trails, communication transmission devices, curbs, drainage facilities, electric transmission devices, excavation, grading, gutters, landscaping, pathways, sanitary sewers, sidewalks, streets, street lights, traffic control devices, utilities, water lines, as shown on plans, profiles or specifications prepared or submitted by the Subdivider.

1. 4 Repair or Reconstruction of Defective Improvements. If, within a period of one ( 1) year after final acceptance of work performed under this Agreement, any improvement or part of any improvement constructed, installed or furnished, or caused to be constructed, installed or furnished by the Subdivider, or any of the work done under this Agreement fails to comply with, or satisfy, any of the requirements of this Agreement, or the specifications referenced herein, the Subdivider shall, without delay and without any cost to the City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or improvements. Should the Subdivider fail to act promptly or in accordance with these requirements, or should an emergency require repairs or replacements to be made before the Subdivider can be notified, the City may, at its sole option, make the necessary repairs or replacements or perform the necessary work, and the Subdivider shall pay to the City the actual cost of such repairs, plus 15 percent.

1. 5 Repair or Replacement of Unrelated Improvements. The Subdivider shall replace, or have replaced, or repair, or have repaired, as the case may be, all pipes and monuments situated on said property, delineated on the Map, which have been destroyed or damaged and the Subdivider shall replace, or have replaced, repair, or have repaired, as the case may be, or pay to the owner, the entire cost of replacement or repairs, of any and all property damaged or destroyed by reason of any work done hereunder, whether such property be owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the City, or by any public or private corporation, or by any person whomsoever, or by any combination of such persons. Any such repair or replacement shall be to the satisfaction, and subject to the approval, of the Assistant City Manager/Director of Public Works or his designee.

1. 6 Time of Completion. All of the public improvements shall be completed within two ( 2) years from the date of the City's approval of this Agreement, and within the time frame and subject to the conditions set forth in the Encroachment Permit that is issued for the required public improvements. In the event that the Subdivider fails to complete the public improvements within said period, the City may complete said work and shall be entitled to recover the full cost and expenses thereof from the Subdivider, or its surety, as hereinafter provided. The City may require the Subdivider, or its surety, to pay the City, in advance, sufficient monies to pay for the City's cost of completing construction and installation of said public improvements.

Agreement Masters\Subdivision Improvement Agreement( General City, CP)\REV 150128\ MB

Page 2 of 9 ends

1693

1. 7 Security. Contemporaneously with the execution hereof, the Subdivider shall file security, subject to the approval of the City Attorney, pursuant to Section 66499 of the Government Code and Section 19.09.010 of the Chino Municipal Code, to guarantee performance of the requirements of this Agreement, the terms and conditions imposed on the approval of Map, and all of the City' s ordinances, specifications and regulations as follows:
a. A security device in an amount equal to 100 percent of the estimated construction cost to guarantee the faithful performance of all of the requirements of this Agreement, including the construction, installation and completion of the work and public improvements required by this Agreement; and
b. A security device in an amount equal to 50 percent of the estimated construction cost to guarantee payment to the contractors, their subcontractors, and to persons renting equipment or furnishing labor and materials to said contractors, for the public improvements required by this Agreement; and
C. All security devices under this Agreement shall also guarantee the payment of reasonable attorney fees, expert witness fees and court costs to the City; and d. Any changes or alterations in the work or public improvements required hereunder, not exceeding 10 percent of their original estimated cost, shall not relieve any liability of the security given for the faithful performance of this Agreement. In the event any changes or alterations of the work or public improvements required hereunder exceed 10 percent of their original estimated cost, the Subdivider shall provide such additional security for its faithful performance as determined by the Assistant City Manager/Director of Public Works or his designee and approved by the City Attorney.

The City Council may, at its sole discretion, reduce the amount of any security device as recommended by the Assistant City Manager/Director of Public Works or his designee and the City Attorney for any portion of the public improvements installed by the Subdivider and accepted by the Assistant City Manager/Director of Public Works or his designee.

1. 8 One Year Warranty and Warranty Bond. Without limiting the foregoing, Subdivider warrants and guarantees materials used and workmanship performed on said work and public improvements. In connection herewith, the Subdivider shall submit security, subject to the approval of the City Attorney, for a period of one ( 1) year following the completion and acceptance of the work hereunder in the sum equal to 10 percent of their actual construction cost and reasonable attorney fees, expert fees and court costs. The Subdivider further agrees to pay the City for all costs to maintain the landscaping in a vigorous and thriving condition, to maintain the street lights and to pay for all energy costs for a period of one( 1) year after completion and acceptance thereof by the Assistant City Manager/Director of Public Works or his designee and the City Council. Maintenance and energy costs shall be based on the amounts specified in the most recent publication of the Annual Engineer's Report for the Levy of Assessments for the Landscaping and Lighting Districts.

1. 9 Payment of Labor and Materials. The Subdivider and its contractors shall pay for any materials, provision, provender and other supplies or equipment used in, upon, for, or about the performance of the work contracted to be done, and for any work or labor thereon of any kind, and for a payment bond with respect to such work or labor, as required by Civil Code Section 9550.

Agreement Masters\Subdivision Improvement Agreement( General City,CP)\REV 1Cr0128\ MB Page 3 of 9 1694
Article 2. Procedural Requirements

2. 1 Preparation of Improvements Plans. No work pursuant to this Agreement shall be commenced until the Subdivider's plans, profiles and specifications for the public improvements have been submitted to and approved by the Assistant City Manager/Director of Public Works or his designee. The Subdivider warrants that its plans, profiles and specifications conform as a minimum to the City's ordinances and standard specifications, and that they are adequate to construct and install the public improvements in a good, workmanlike manner and in accordance with sound construction practice for public works.

2. 2 Cost of Checking Plans. The Subdivider shall pay to the City the cost of checking and approving the plans, profiles and specifications. The Subdivider shall pay to the City the fees for the cost of checking said plans upon submittal of said plans to the City. If said fees prove to be insufficient to complete said plan checking, the Subdivider shall make additional deposits as required by the Assistant City Manager/Director of Public Works or his designee.

Failure to make any required payment or deposit shall cause such plan checking to be suspended and be grounds to withhold the issuance of building permits for any construction in the subdivision defined by Map.

2. 3 Soils Report. The Subdivider shall cause to be made and pay for soil tests made by a reputable soils testing laboratory to determine gradation, bearing and resistance value of soils within the subdivision. The Subdivider shall also cause to be made and pay for all compaction tests necessary to determine that all soils, including the utility trenches, have been satisfactorily backfilled.

2.4 Permits and Fees. The Subdivider shall, at the Subdivider's expense, obtain all necessary permits and licenses for the construction and installation of the work and public improvements required hereunder and pay all required fees and taxes and give all necessary notices.

2. 5 Superintendence by the Subdivider. The Subdivider shall provide continuous superintendence to the construction and installation of the public improvements by assigning a competent foreman or superintendent, satisfactory to the Assistant City Manager/Director of Public Works or his designee, to the work site, who shall have full authority to act for the Subdivider

2.6 Duty to Facilitate Inspections. The Subdivider shall at all times maintain proper facilities and provide safe access for inspection by the Assistant City Manager/Director of Public Works or his designee, to all parts of the work, and to the shops wherein the work is in preparation.

Article 3. The Subdivider's Liabilities

3. 1 Liability of the Subdivider. The Subdivider agrees that the use for any purpose and by any person of any or all of the work and public improvements required by this Agreement shall be at the sole and exclusive risk of the Subdivider at all times prior to final acceptance by the City of the completed public improvements thereon and therein; provided that acceptance by the City shall not eliminate, lessen or relieve the Subdivider of any obligations or undertakings contained in this Agreement. The issuance of any occupancy permits by the City for Agreement Masters\Subdivision Improvement Agreement( General City, CP)1REV 15- 0128W13 Page 4 of 9 1695
any structures located within said subdivision shall not be construed to constitute an acceptance or approval of any of the public improvements required hereunder.

3. 2 Liability for Nonperformance. Neither the City nor any of its officers or agents shall be liable to the Subdivider or its contractors for any error or omission arising out of, or in connection with, any work to be performed under this Agreement or the plans, profiles or specifications therefore approved by the Assistant City Manager/Director of Public Works or his designee.

3. 3 Development Impact Fees. Development Impact Fees shall be paid pursuant to and in accordance with Chino Municipal Code Chapter 3.40.

3.4 Utility Deposits. Prior to commencement of any work required by this Agreement, the Subdivider shall file with the Assistant City Manager/Director of Public Works or his designee a statement signed by the Subdivider and each public utility to the effect that the Subdivider has made all deposits legally required by such public utility for the connection of any and all public utilities required to be supplied by such public utility within the subdivision.

3. 5 Liability for Personal Injuries. The City shall not be liable to the Subdivider or to any other person, firm, or corporation whatsoever, for any injury or damage that may result to any person or property by or from any cause whatsoever, in, on or about the subdivision of the Property or connected to the construction and installation of the work and public improvements required hereunder.

3.6 Release and Indemnification. The Subdivider hereby releases and agrees to indemnify and save the City harmless from and against any and all injuries to and deaths of persons and injuries to property, and all claims, demands, costs, loss, damage and liability, howsoever the same may be caused, and whensoever the same may appear, resulting directly or indirectly from the performance or nonperformance of any work or public improvement to the Property and upon premises adjacent thereto pursuant to this Agreement, and also from any and all injuries to, and deaths of persons, and injuries to property or other interests, and all claims, demands, costs loss, damage, and liability, howsoever same may be caused and whensoever the same may appear, either directly or indirectly made or suffered by the Subdivider, Subdivider's agents, employees, and subcontractors, while engaged in the performance of said work or public improvements. Prior to the commencement of any work or public improvement required hereunder, the Subdivider shall furnish to the City satisfactory evidence of an insurance policy, written upon a form and by a company which meets with the approval of the City, insuring the City, its officers, agents, and employees against loss or liability which may arise during the work, or which may result from any of the work herein required to be done, including all costs of defending any claim arising as a result thereof. Minimum liability and property damage insurance shall be not less than $ 500,000.00 for all damages arising out of bodily injury to or death of one person and not less than $ 1, 000,000.00 for all damages arising out of bodily injuries to or death of more than one person in any one occurrence; and not less that $ 250,000.00 for all damages and/ or destruction of property in any one occurrence and not less than $ 500,000.00 for all damages and/or destruction of property during the policy period. Said policy shall be maintained in full force and effect during the life of this Agreement. Said policy shall state, by its terms and by an endorsement, that said policy shall not be canceled until the City shall have had at least ninety 90) days prior notice in writing of such cancellation.

Agreement Masters\Subdivision Improvement Agreement( General City,CP)\ REV 15-0128\MB Page 5 of 9 1696
Article 4. Inspection of Improvements

4. 1 Inspection by Assistant City Manager/Director of Public Works. All public improvements shall be constructed under the inspection of, and subject to approval, of the Assistant City Manager/Director of Public Works or his designee. The cost of inspections shall be paid by the Subdivider, who shall submit a sufficient deposit prior to the issuance of building permits. If said deposit proves to be insufficient to complete said inspection, the Subdivider shall make additional deposits as determined by the Assistant City Manager/Director of Public Works or his designee. Failure to make any required deposit shall cause such plan inspections to be suspended and be grounds to revoke all the building permits for any construction in the subdivision, or to refuse to issue an occupancy permit for any facilities constructed on any lot within said subdivision.

4. 2 Approval by Assistant City Manager/Director of Public Works. It is mutually agreed that the Assistant City Manager/Director of Public Works or his designee shall have the authority to reject any or all of the work or public improvements required hereunder if same fails to conform to the approved plans, profiles or specifications for said public improvements or if same are not constructed or installed in a good and workmanlike manner to the satisfaction of the Assistant City Manager/Director of Public Works or his designee. Furthermore, any damage to existing facilities, including any curbs, drainage facilities, gutters, landscaping, sewer and water mains, street or utilities, that occurs after installation, shall be repaired to the satisfaction of the Assistant City Manager/Director of Public Works or his designee by the Subdivider prior to the issuance of an occupancy permit for any structure within the subdivision and prior to the release of any security provided hereunder.
4, 3 Responsibility Despite Inspections. Notwithstanding the fact that the Subdivider's plans, profiles and specifications, and construction and installation of the public improvements, and other acts are subject to the approval of the Assistant City Manager/Director of Public Works or his designee, it is understood and agreed that any approval by the Assistant City Manager/Director of Public Works or his designee shall not relieve the Subdivider of the obligation to satisfactorily perform the obligations hereunder. All construction shall be performed strictly in accordance with the approved plans, profiles and specifications, the City's latest standard specifications and the provisions of the Chino Municipal Code to the satisfaction of the Assistant City Manager/Director of Public Works or his designee.

4.4 Occupancy Permits. No occupancy permit for any structure on any lot within the subdivision shall be issued, and no utility connection shall be made, unless and until the Subdivider has complied with all the obligations hereunder to the satisfaction of the Assistant City Manager/Director of Public Works or his designee.

4. 5 Notice of Completion. The Subdivider shall record a Notice of Completion for all the work and public improvements completed within ten ( 10) days after the City' s acceptance of said improvements.

4.6 Certification of Satisfactory Completion. Upon the satisfactory completion of the improvements by the Subdivider, the Assistant City Manager/Director of Public Works or his designee, or his designee, shall certify that the work of said improvements has been satisfactorily completed.

Agreement Masters\Subdivision Improvement Agreement( General City,CP)\ REV 15- 0128\MB Page 6 of 9 1697

4.7 Filing of "Record" Drawings. Upon completion of the work or public improvements, the Subdivider shall submit one mylar ( 4 mils) set of " Record" drawings to the Assistant City Manager/Director of Public Works or his designee. These drawings shall be certified as representing the actual construction and shall depict the work and public improvements as actually constructed, with all changes incorporated therein.

Article 5. Miscellaneous Provisions

5. 1 Relationship of Contractors. It is hereby mutually covenanted and agreed by the parties hereto that the Subdivider's contractors are not agents of the City and that the contractors' relations to City, if any, are those of independent contractors.

5.2 Entire Agreement. This writing constitutes the entire agreement of the Parties and supersedes any prior written or oral agreements between them with respect to the subject matter hereof and may not be modified or amended except as set forth herein.

5.3 Attorney' s Fees. In the event that any action at law or in equity is brought to interpret or enforce any provision of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs.

5.4 Assignment. This Agreement shall not be assignable by the Subdivider without written consent of the City.

5.5 Successors. Subject to the restrictions against assignment contained herein, this Agreement shall inure to the benefit of and shall be binding upon each of the parties and their respective assigns, successors in interest, person representatives, estates, heirs and legatees. .

5.6 No Waiver. No waiver of any breach or default hereunder shall be considered valid unless in writing, and no such waiver shall be deemed a waiver of any subsequent breach or default of the same or similar nature.

5. 7 Choice of Law. This Agreement shall be governed by the laws of the State of California without regard to the principles of conflict of laws.

5. 8 Invalidity. If any provisions of this Agreement shall be declared invalid, void, or unenforceable by a court of competent jurisdiction of the State of California, the remaining provisions shall continue in full force and effect.

5. 9 Counterparts. This Agreement may be executed in one or more counterparts, all of which taken together shall be deemed one original.

5. 10 Effective Date of Agreement. This Agreement shall not become effective unless and until the final map of said tract/parcel shall have been approved by the City Council of the City of Chino.

Agreement Masters\Subdivision Improvement Agreement( General City, CP)\ REV 15- 0128WB Page 7 of 9 1698
Executed at Chino, California, on 4 1- .

Approved as to Form: Approved as to Content:

City Attorney Jo Alire
4sistant City Manager
LENNAR HOMES OF CALIFORNIA, INC.,
A California Corporation
By:
si nature and Date)
Name: 0 S m
Pie a typ or print name)
Title: ftAfft
Please typer rint title)

CITY OF CHINO
MattB Ian n , City Manager
Dated: 7•(
ATTEST:
6 oil
Angtfobles, City Cleric
Dated: S. L• OKa. I- I
Attachment: Exhibit 1
Agreement Masters\Subdivision Improvement Agreement( General City, CP)\REV 15-0128\MB Page 8 of 9 1699

SUBDIVISION IMPROVEMENT AGREEMENT

EXHIBIT I
A. Removal of undesirable, dangerous and dead plant materials and roots.

B. All onsite and offsite grading as specified on the approved grading plan.

C. Relocation of all public utility structures as necessary to properly construct the required improvements.

D. Storm drain facilities as required and shown on the approved construction plans and in accordance with City Standards.

E. Sanitary sewers constructed as shown on the approved, engineered plans and in accordance with City Standards_
F. Water mains, valves, hydrants, services, meters and appurtenances to serve each lot as shown on the approved construction plans and in accordance with City Standards.

G. Underground installation of all electrical, telephone, cable television and any other energy or communication lines that abut or are within the project site.

H. A street lighting system (City-owned) in accordance with City Standards.

I. Disposal of all rocks and debris located within any public right-of-way within said development or on the boundary streets thereof.

J. Installation of concrete curbs, gutters, sidewalks, cross gutters, driveways and intersections as shown on approved construction plans and in accordance with City Standards.

K. Installation of asphalt concrete or Portland Cement Concrete street pavement on base material as shown on approved construction plans and in accordance with City Standards.

L. Street signs at intersections per the City Standards.

M. Installation of approved landscaping ( plants and materials).

N. Setting monuments as required by the State Code.

The Subdivider shall also perform all work and furnish all materials necessary, in the opinion of the Assistant City Manager/Director of Public Works or his designee and on his order, to complete the improvements in accordance with the plans and specifications on file as hereinbefore specified, or any changes required or ordered by said Engineer which, in his opinion, are necessary or required to complete this work.

Agreement MasterslSubdivision Improvement Agreement( General City,CP)\REV 15- 01281MB Page 9 of 9 1700

CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF Riverside
On * 1#414% l 7 j &101 before me, Amy R. Williams Notary Date Insert Name and Title ofthe officer
Public, personally appeared
Geoff Smith
Name(s) ofSigner(s)
who proved to me on the basis of satisfactory evidence to be the person(t) whose namely,) is/ ate subscribed to the within instrument and acknowledged to me that he/ sWe0ft,* executed the same in hisfe`Ir authorized capacity(ies), and that by his signature(g) on the instrument the person(Al, or the entity upon behalf of which the person( 1s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

AMY R. NLLIAN$
Commission# r 2064397
Z =- Notary Public- California
v Riverside County
Signature: My Comm. Expires Apr 13. 2018

OPTIONAL------------------------------------------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent attachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: Document Date:

Number of Pages: Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Signer( s)
Signers Name: Signers Name:

Corporate Officer—Title( s) Corporate Officer—Title( s) Partner- Limited General Partner- Limited General
Individual Attorney in Fact Individual Attorney in Fact Trustee Guardian or Conservator Trustee Guardian or Conservator Other: Other:

Signer is Representing: Signer is Representing:
1701
Bond No,: 024007358- N1
Contract No.:

WARRANTYBOND ISSUED/ mTRIPLICATE*
WHEREAS, the City council of the City ofChino, State of California, hereinafter designated as" CITY" and LENNAR HOMES OF CALIFORNIA, INC., A CALIFORNIA CORPORATION, hereinafter designated as PRINCIPAL," have entered into an agreement whereby Principal has agreed to warrant and qmananhao the installation, completion, and maintenance of certain designated public improvements, which said agreement, dated and identified as Tract No. 18972, is hereby referred to and made a part hereof; and
WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the warranty of said improvements.

NOW, THEREFORE, we, the Principal, and Liberty MutualIC as surety, are held andfirmly bound unto the City of Chino in the penal sum pf Four Hundred Eighty-Eight Thousand Five Hundred and 00/100 Dollars ($ 488,500. 00) lawful money oYthe United States, for the payment ofwhich sum well and truly to be mode. we bind omne|veu, our heirs, sucoeeoom, exmcuhors, and administrators, jointly and severally, firmly bythese presents.

The condition of this obligation is such that if the above hound Princ|po|, his or its he|ru, executors, administrators, successors, oramo|gnu shall in all things standho and abide by, and well andtruly keep and perform the covenants, conditions, and provisions in said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed thereof made as therein provided, on his or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

Aeopart of the obligation secured hereby, and in addition to the face amount specified therefor, there sbo|| bmincluded costs and reasonable expenses and fees including reasonable attumeyo' haem. incurred bythe City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

The surety hereby stipulates and egnsen that no change. extension of time, m| tenahon, or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the agreement or to the work or to the specifications.

IN WITNESS H R OF this instrument has been duly executed by Principal and Surety above named, on w/ o/ u. 16, 201 '

PRINCIPAL SURETY
LENNARHOMES OFCALIFORNIA, INC. Liberty Mutual Insurance Company ACalifornia Corporation
By: By: WJ,44
Print uff PhntName Attorney- In- Fact
Vice President
SIGAA7URE(S) MUST BENOTARIZED
Approved ooboForm:
1702
i

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of Orange
On
MAR 16 2017
before me, Kathy R. Mair, Notary Public
DATE Name of Notary Public and Title" Notary Public"]
personally appeared Mechelle Larkin - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Name( s) of Signer(s)]
who proved to me on the basis of satisfactory evidence to be the person( s) whose name(s) is/ are subscribed to the within instrument and acknowledged to me that he/ she/they executed the same in his/ her/their authorized capacity(ies), and that by his/ her/their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

KATHY R.
14 r
MAIR WITNESS my hand and official seal.
a '
Commission# 2021597
Notary Public- Californis Z : h_ t_ Z
Z z
Orange county
My Comm. Expires May
S ture otary Public
l
Place Notary Seal Above

OPTIONAL ---------------------------------------------
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document:

Document Date: Number of Pages:

Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer's Name: Mechelle Larkin Signer's Name:

Corporate Officer— Title( s): Corporate Officer— Title( s):

Partner— Limited General Partner— Limited General
Individual Attorney-in- Fact Individual Attorney-in- Fact Trustee Guardian or Conservator Trustee Guardian or Conservator Other: Other:

Signer Is Representing: Signer is Representing:
1703
THIS`POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.

This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated.

Certificate No. 6736089
American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company

POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire& Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation dulyorganized under the laws of the State of Indiana( herein collectively called the" Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Tenzer V Cunningham Kari Davis Jeffrey Strassner• Patricia S. Talavera- Natalie K. Trofimoff; Brenda Wong, all of the City of Los Angeles State of California and Stephanie Banh; Mechelle Larkin; Irene Lau; Kathy R. Mair all of the city of Irvine state of CA each individually if there be more than one named, its true and lawful attomey-in- fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.

IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this stn day of October 2014
American Fire and Casualty Company
The Ohio Casualty Insurance Company
Liberty Mutual Insurance Company
West American Insurance Company N
N
7 N
By:

STATE OF PENNSYLVANIA ss
David M. Care ; Assistant Secretary
OX v

COUNTY OF MONTGOMERY C
dOnthis 9th day of October 2014 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and v Ow Casualty Company, Liberty Mutual insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do, >, Q 2
execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. a) 0 > IN WITNESS WHEREOF, I have hereunto subscribed nlyrname and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. 00 C co
B
O
O i
Teresa Pastella, Notary Public 4)
60 a
C v This Power ofAttorney is made and executedpur,4o i atidty ailthorlfy of the following By-laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance to N#, Company, Liberty Mutual Insurance Company, and WestRmerican Insurance Company which resolutions are now in full force and effect reading as follows:
w i ARTICLE IV- OFFICERS- Section 12. Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject O Cw to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, O C acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective G> powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so ' p M executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attomey-in-fact under > the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.

W r
ARTICLE XIII- Execution of Contracts- SECTION 5. Surety Bonds and Unaertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, E L and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, O : seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their _ Z v respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so O executed such instruments shall be as binding as if signed by the president and attested by the secretary. O Certificate of Designation- The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey,Assistant Secretary to appoint such attomeys-in- ~ fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations.

Authorization- By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed.

I, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attomey executed by said Companies, is in full force and effect and has not been revoked. MAR 16 2017 IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of 20 By:
o Gregory W. Davenport, Assistant Secretary
LMS 12873 122013 87 of 100
1704
California All-Purpose
Certificate ofAcknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of C ' ornia I
County of
Onbefore me,
l, ,
personally.appeared
who proved to me on the basis .of satisfactory evidence to be the persons) whose names} is/ar subscribed..to the..w:ithin. instrument and. acknowledged to me that he/ stw/they executed the same in his/hbrltXir .authorized capacityNi ), and that by his/hbr/th* signatur8W on the instrument the person, or the entity upon behalf of which the personN acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws ofthe State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal. BETU Y
COMM. 02075619 z
s
a Nosy Public• Cellibmia c
ai" Mde County --
Signature
fin' 24' 2018
Seal)
1705
Bond No.: 024067353
Conti-act No:

Approved:

ISSUED IN TRIPLItATE*

FAITHFUL PERFORMANCE BOND
WHEREAS, the CiTY^ and
LENNAR HOMES OF CALIFORNIA, INC., A CALIFORNIA CORPORATION, hereinafter designated as PRINCIPAL," have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated and identified as Tnsd No. iJ89G2. ishereby referred toand made apart hereof; and
WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance ufsaid agreement,
NOW, THEREFORE, we, the Principal and Liberty Mutual Insurance Company surety, are held and firmly bound unto the City of Chino in the penal sum of Four Million Eight Hundred Eighty-Four Thousand Five Hundred and 00/ 100 Dollars($ 4, 884, 500.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors, and administrators, jointly and severally, firmly by these presents,
The condition of this obligation is such that if the above- bound Pbno|pa|, his or its heim, executors, administrators, successors, oruaeigna, ahoUinoUthingaatandboandabidoby. endweUandhu|ykeopondperform the covenants, conditions, and provisions in said agreement and any alteration thereof made as therein provided, on his or its part, to be kept and performed at the time and in the manner therein apeoified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents, and emp|oyeeo, as therein oUpu}ahad, then this obligation shall become null and void; otherwise itshall be and remain infull force and effect.

Aopart ofthe obligation oaoumd hereby and in addition tothe face amount specified thevefo,, theme shall be included costs and reasonable expenses and fees including reasonable attorneys' fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

The surety hereby uUpu|oheu and agnaoo that no change, extension of time, aberaUon, or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension oftime, alteration, oraddition tothe terms ofthe agreement orhuthe work orVothe specifications, IN WITNESS WHEREOF, this instrumenthas been duly executed byPrincipal and Surety above named, on

PRINCIPAL SURETY
Liba yy utua| Insurance Connpony
LENNAR HO EGOFCAL|FORNiA. INC,
ACalifornia Corporation
By: By:

Print Name: N1eoheUe Larkin Attorney-In- Fact
Vice President

SIGNATURES MUST BENOTARIZED
Approved aotuForm:
1706
h

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of Orange
On
MAR 16 2017
before me, Kathy R. Mair, Notary Public DATE Name of Notary Public and Title" Notary Public"] personally appeared Mechelle Larkin - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Name(s) of Signer(s)]
who proved to me on the basis of satisfactory evidence to be the person( s) whose name(s) is/ are subscribed to the within instrument and acknowledged to me that he/ she/they executed the same in his/ her/their authorized capacity(ies), and that by his/ her/their signature( s) on the instrument the person(s), or the entity upon behalf of which the person( s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal. KATHY R. MAIR
Commission # 2021597
Zlb Notary Public- California z
Orange County n
My Comm. Expires May 22, 2017
Sig atureo Notary 11Public
Place Notary Seal Above

OPTIONAL ---------------------------------------------
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document:

Document Date: Number of Pages:

Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer's Name: Mechelle Larkin Signer' s Name:

Corporate Officer— Title( s): Corporate Officer—Title( s):

Partner— Limited General Partner— Limited Genera[
Individual Attorney-in- Fact Individual Attorney-in- Fact Trustee Guardian or Conservator Trustee Guardian or Conservator Other: Other:

Signer Is Representing: Signer is Representing:
1707
THIS,POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.

This Power of Attorneyfimits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated.

Certificate No. 6736096
American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company

POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire& Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana( herein collectively called the" Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Tenzer V. Cunningham; Kari Davis; JeffreyStrassner; Patricia S. Talavera; Natalie K. Trofimoff; Brenda Wong, all of the City of Los Angeles State of California and Stephanie Banh; Mechelte Larkin; Irene Lau; Kathy R. Mair all of the city of Irvine state of CA each individually if there be more than one named, its true and lawful attomey-in- fact to make, execute, seal, acknowledge and deliver, for and omits behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance ofthese presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.

IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 9th day of October 2014
American Fire and Casualty Company
The Ohio Casualty Insurance Company
Liberty Mutual Insurance Company
West American Insurance Company
rn
y By:

STATE OF PENNSYLVANIA ss
David M. Care , Assistant Secretary

COUNTY OF MONTGOMERY
4 On this 9th day of October 2014 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and earJ 0a) Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do, >, p execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. 4) IN WITNESS WHEREOF, I have hereunto subscribed my'tlame and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. O By: 0
L
Teresa Pastella, Notary Public
3 y °
Cd
This Power ofAttorney is made and executed pursu8r+tloaiad by,authority of the following By-laws and Authorizations ofAmerican Fire and Casualty Company, The Ohio Casualty Insurance ra of` Company, Liberty Mutual Insurance Company, and West Aineiiceh Insurance Company which resolutions are now in full force and effect reading as follows:

Im to ARTICLE IV—OFFICERS—Section 12. Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject O a; to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, 0E acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys- in-fact, subject to the limitations set forth in their respective ' C di powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under > the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.

ARTICLE All—Execution of Contracts- SECTION 5. Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president, E
L and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, execute, Z
seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their O , respective powers of attorney, shall have full power to bind the Company by theirsignature and execution of any such instruments and to attach thereto the seal of the Company. When so v executed such instruments shall be as binding as if signed by the president and attested by the secretary. p , Certificate of Designation— The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey,Assistant Secretary to appoint such attomeys-in- ~ fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations.

Authorization— By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed.

I, Gregory W. Davenport, the undersigned, Assistant Secretary, ofAmerican Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power ofAttomey executed by said Companies, is in full force and effect and has not been revoked. MAR 16 2017 IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seats of said Companies this day of 20 By:

Gregory W. Davenport, Assistant Secretary
LMS 12873 122013 94 of 100
1708
California All-Purpose
Certificate ofAcknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of Ca ' ornia .

County of
On—ftbefore me, I
personally.appeared ch ,
who proved to me on to basis . of satisfactory evidence to be the persons) whose name.) is/)!Fe subscribed..to —the—within—instrument and..acknowledged to me that he/ ske/fhey executed the same in his/h' x/ th it .authorized capacityN), and that by his//hw/thL signatureK on the instrument the person,or to entity upon behalf of which the personN acted, executed the instrument.

I certify under PENALTY OF PERJURY under to laws of to
State of California that he foregoing paragraph is true and correct.

WITNESS my hand and official seal. HCl R Agtl+ v r
CGMM. #32075619 z
a Notary Public• California
z Riverside County
Signature
nMn,. Finifes Jut
Seal)
1709
Bond No.: 024067353
Contract No.: 7 --
Approved:

ISSUED
15 J2/
IN
y,
TRIPLICATE*
01:? /l

LABOR AND MATERIAL BOND
WHEREAS, the City Council of the City of Chino, State of California, hereinafter designated as" CITY" and LENNAR HOMES OF CALIFORNIA, INC., A CALIFORNIA CORPORATION, hereinafter designated as PRINCIPAL," have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated and identified as Tract No. 18972, is hereby referred to and made a part hereof; and WHEREAS, under the terms of said agreement, Principal is required, before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Chino to secure the claims to which reference is made in Title 15( commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California.

NOW, THEREFORE, said Principal and the undersigned, as corporate surety, are held and firmly bound unto the City of Chino, and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Two Million Four Hundred Forty-Two Thousand Three Hundred and 00/ 100 Dollars ($ 2, 442, 300. 00) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 ( commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.

The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition.

IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety above named, on March 16, 2017

PRINCIPAL SURETY
LENNAR HOMES OF CALIFORNIA, INC.

Liberty Mutual Insurance Company
A California Corporation
By: By:

Print Name: C/ M
Vice President
Print Name: Mechelle Larkin, Attorney- In- Fact

SIGNATURES MUST BE NOTARIZED
Approved as to Form:

A& 24 oiaga
Document No. 16354( PWFORMS\ BONDS- L& M\ rev. 0512012) Page 1 of 1 1710 f .,

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of Orange
MAR 16 2017
On before me, Kathy R. Mair, Notary Public
DATE Name of Notary Public and Title" Notary Public"]
personally appeared Mechelle Larkin - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Name( s) of Signer(s)]
who proved to me on the basis of satisfactory evidence to be the person( s) whose name(s) is/ are subscribed to the within instrument and acknowledged to me that he/ she/they executed the same in his/her/their authorized capacity(ies), and that by his/ her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person( s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

KATHY R. MAIR WITNESS my hand and official seal.

Commission# 2021597
Notary Public- California z Z
n
1 Z ' Orange County
My Comm. Expires May 22, 2017
Signa Notary Public
Place Notary Seal Above

OPTIONAL ---------------------------------------------
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document:

Document Date: Number of Pages:

Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer's Name: Mechelle Larkin Signer's Name:

Corporate Officer— Title( s): Corporate Officer—Title( s):

Partner— Limited General Partner— Limited General
Individual Attorney-in- Fact Individual Attorney-in- Fact Trustee Guardian or Conservator Trustee Guardian or Conservator Other: Other:

Signer Is Representing: Signer is Representing:
1711
THI.T POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.

This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated.

Certificate No. 6736091
American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company

POWER OF ATTORNEY
KNOWNALL PERSONS BY THESE PRESENTS: ThatAmerican Fire& Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of NewHampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and WestAmerican Insurance Company is a corporation duly organized under the laws of the State of Indiana( herein collectively called the" Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Tenzer V. Cunningham; Kari Davis; Jeffrey Strassner; Patricia S. Talavera; Natalie K. Trofimoff; Brenda Wong, all of the City of Los Angeles, State of California and Stephanie Banh; Mechelle Larkin; Irene Lau; Kathy R. Mair all of the city of Irvine state of CA each individually if there be more than one named, its true and lawful attomey-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duty signed by the president and attested by the secretary ofthe Companies in their own proper persons.

IN WITNESS WHEREOF, this Power ofAttorney has been subscribed by authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 9th day of October 2014
American Fire and Casualty Company
The Ohio Casualty Insurance Company H
Liberty Mutual Insurance Company c West American Insurance Company N N
W By:

David M. Care , Assistant Secretary STATE OF PENNSYLVANIA ss cc

COUNTY OF MONTGOMERY C
dcc O
0 On this 9th day of October 2014 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and tmi 0 y Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do, 6 execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.

E
d > IN WITNESS WHEREOF, I have hereunto subscribed myname and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. O d cc
a
0 R rn By:

O ( D Teresa Pastella, Notary Public
3 02ra
E
C w This Power ofAttorney is made and executed pursulaariI authority of the following By-laws and Authorizations ofAmerican Fire and Casualty Company, The Ohio Casualty Insurance La O 0- 6. Company, Liberty Mutual Insurance Company, and WestArrefican Insurance Company which resolutions are now in full force and effect reading as follows: r mARTICLE IV- OFFICERS Section 12. Power ofAttorney.'Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject O C im 11- 4) to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys4n-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, d O. S acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective E 0> powers of attomey, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so p` executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attomey-in- fact under > a
the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.

N
m c ARTICLE XIII- Execution of Contracts- SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, E oQ 4) and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, L M O 3 seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their = 00 Z
respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so v executed such instruments shall be as binding as if signed by the president and attested by the secretary. p Certificate of Designation- The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey,Assistant Secretary to appoint such attomeys-in- ~ fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations.

Authorization- By unanimous consent of the Companys Board of Directors, the Company consents that facsimile ormechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed.

I, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attomey of which the foregoing is a full, true and correct copy of the Power of Attomey executed by said Companies, is in full force and effect and has not been revoked. MAR 16 2017 IN TESTIMONY VMEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of 20 By:

Gregory W Davenport, Assistant Secretary
LMS 12873 122013 89 of.100
1712
California All-Purpose
Certificate ofAcknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of C orn .

County of
ia
IL )
On before me, 6 t ,
personally.appeared CaE 1VA
who proved to me on the basis . of satisfactory evidence to be the person whose nameN) is/ ale subscribed..to the._within. instrument and..acknowledged to me that he/ she/ tlmy executed the same in his/hrwhh' 4 .authorized capacity(les), and that by his/A-,r/their signatureN on the instrument the personN, or the entity upon behalf ofwhich the person( s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. l EH BRULEY
WITNESS my hand and official seal. rGMIM. # 2075619 z
Notarypublic. California x
z Riverside County _
Comm. Ex ves ulY 24,, f
Signature
Seal)
1713

6.11 MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT
COUNCIL MEETING DATE: MAY 2, 2017
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: JOSE ALIRE, ASSISTANT CITY MANAGERIPUBLIC WORKS
SUBJECT: FINAL TRACT MAP NO. 18972 ( LENNAR HOMES OF CALIFORNIA, INC.).

RECOMMENDATION
1) Approve Tract Map No. 18972; 2) approve the Subdivision Improvement Agreement and securities; and 3) authorize the City Manager to execute the necessary documents on behalf of the City.

FISCAL IMPACT
There is no direct fiscal impact to the City.

Revenue: Expenditure:

Transfer In: Transfer Out:

CONSENT CALENDAR Packet Pg. 1271714

6.11 COUNCIL MEETING DATE: MAY 2, 2017
SUBJECT: FINAL TRACT MAP NO. 18972 ( LENNAR HOMES OF CALIFORNIA, INC.) PAGE 2

BACKGROUND
Tract Map No. 18972 is presented by Lennar Homes of California, Inc., a California Corporation for City Council action. The property was formerly the location of a dairy equipment supply operation on approximately 20. 8 acres located on the northwest corner of Eucalyptus Avenue and Euclid Avenue. The map will create a single lot for 147 detached condominium units and substantially conforms to Tentative Tract Map No. 18972, which was conditionally approved by the Planning Commission on December 21, 2015 ( Exhibit A).

ISSUES/ANALYSIS
The requirements made at the time of tentative map approval have been met by the execution of the Subdivision Improvement Agreement and by posting the necessary securities to guarantee the construction of public improvements. The City Attorney has reviewed and approved the Subdivision Improvement Agreement and respective securities.

C( xNSEM7 Packet Pg128
1715

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EX/ST/NG EASEMENTS
INDICA TES AN OfFER OF DED/CA TION FOR PUBLIC DRAINAGE
AND INCIDENTAL PURPOSES TO BE ABANDONED.

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INDICATES AN EASEMENT FCR DRAINAGE PURPOSES TO BE 13MLOI ABANDONED.
1907: in i TrectV40,W0. 167,2{ Ler it Hr rn of Packet Pg. 1 9 1716

CONSTRUCTION REIMBURSEMENT AGREEMENT

CITYWIDE DEVELOPMENT IMPACT FEE PROGRAM
EUCLID AVENUE IMPROVEMENTS TRACT MAP NO. 18972
(Traffic Signals at Edison and Eucalyptus Intersections, and 16-Inch Water Line Installation) This CONSTRUCTION REIMBURSEMENT AGREEMENT (“Agreement”) is entered into this 16th day of September, 2025 (“Effective Date”), by and between CITY OF CHINO, a California municipal corporation (“City”), and LENNAR HOMES OF CALIFORNIA, LLC, a California limited liability company (“Developer”). City and Developer are sometimes hereinafter referred to individually as “Party” and jointly as “Parties”.

RECITALS
A. Developer is the owner of certain real property identified as Tract Map No. 18972, consisting of approximately 20.8 acres located at the northwest corner of Eucalyptus Avenue and Euclid Avenue. The final map created one lot for the development of 147 detached condominium units and is in substantial conformance with Tentative Tract Map No. 18972, which was conditionally approved by the Planning Commission on December 21, 2015 (“Project”).

B. Developer has requested from City certain entitlements and/or permits for the Project, and City has granted the entitlements and/or permits subject to certain conditions of approval which required certain public improvements to be constructed in excess of those applicable to the Project (“Conditions of Approval”).

C. The Conditions of Approval also required Developer to pay Development Impact Fees (“DIFs”), as established in 3.40 of the Chino Municipal Code (“DIF Ordinance”). The DIFs have been established by City to finance public facilities in furtherance of the goals and objectives of City’s general plan, various facility master plans, capital improvement plans, and the nexus reports described in the DIF Ordinance (“Nexus Reports”).

D. Developer has elected to construct the Euclid Avenue improvements, specifically including the installation of traffic signals at the intersections of Edison Avenue and Eucalyptus Avenue, and the installation of a 16-inch water line, as required by the Conditions of Approval (collectively, the “Public Improvements”) as identified on Exhibit A.

E. The DIF Ordinance provides that if, as a condition of approval of a development project, a developer constructs a public facility identified in the Nexus Reports, for which a development impact fee is imposed, Developer shall be eligible to receive a fee credit toward the DIFs imposed on the Project for the same type of public facility so constructed, and shall be entitled to reimbursement for eligible costs of constructing the public facility, provided that developer complies with the requirements of the DIF Ordinance as it may be amended from time to time.

F. City and Developer desire to enter into this Agreement for the following purposes: (i) to provide for the timely construction and completion of the Public Improvements, (ii) to ensure that construction of the Public Improvements is undertaken in accordance with the Plans and Specifications, and the laws and ordinances pertaining to the construction of public improvements, (iii) to provide the methodology for establishing the reimbursement amounts to which Developer may be entitled after completion of the Public Improvements (“Reimbursement”); and (iv) the requirements for Developer’s transfer or application of all or any portion of the Reimbursement to third party. 1717
NOW, THEREFORE, for the purposes set forth herein, Developer and City hereby agree as follows:

AGREEMENT:

1. Incorporation of Recitals. The Parties hereby affirm the facts set forth in the Recitals above and agree to the incorporation of the Recitals as though fully set forth herein.

2. Construction of Public Improvements. Developer constructed, at its own cost and expense (with contribution from Chino Preserve Development Corporation), the Public Improvements in accordance with the Plans and Specifications and the provisions of this Agreement. Developer provided all equipment, tools, materials, labor, tests, design work, and engineering services necessary to fully and adequately complete the Public Improvements in a good and workmanlike manner. Developer has constructed the Public Improvements in accordance with Public Contract Code and complied with all applicable provisions of California law, including but not limited to the prevailing wage provisions contained in the Labor Code.

3. Indemnification. Developer shall defend, indemnify, and hold harmless City, its elected officials, employees, and agents from any and all actual or alleged claims, demands, causes of action, liability, loss, damage, or injury to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state, or local governmental agency, arising out of or incident to any acts, omissions, negligence or willful misconduct of Developer in connection with the performance of this Agreement (“Claims”). This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys’ fees, and related costs or expenses, and the reimbursement of City, its elected officials, employees, and/or agents for all legal expenses and costs incurred by each of them. This indemnification excludes only such portion of any Claim which is caused solely and exclusively by the negligence or willful misconduct of City, as determined by a court or administrative body of competent jurisdiction. Developer’s obligation to indemnify shall terminate at such time as the Public Improvements are accepted by City.

4. Upon the City’s acceptance of the Public Improvements on November 15, 2022, the City assumed full responsibility for the maintenance, operation, and control of the Public Improvements.

Accordingly, the Developer shall bear no further obligation or liability with respect to the maintenance or repair of said Public Improvements, the applicable warranty period having duly expired.

5. DIF Credit and Reimbursement.

5.1 DIF Ordinance Reimbursement or Credit Amount. The City Engineer has determined that the total cost of the Improvements that are eligible for credit or reimbursement pursuant to Chino Municipal Code Chapter 3.40 is One Million Seventy-Three Thousand Eight Hundred Ninety-Two and 16/100 Dollars ($1,073,892.16) (the “Total DIF Cost”).

5.2 Of the Total DIF Cost, the Developer has applied a project DIF credit in the amount of One Hundred Thirty-Three Thousand Six Hundred Fifty-Seven Dollars ($133,657.00) toward the Citywide DIF Water component, and a project credit in the amount of Three Hundred Eighty-Seven Thousand Two Hundred Sixteen Dollars ($387,216.00) toward the Citywide DIF Circulation component (collectively, “DIF Credits”). The DIF Credits have been applied in accordance with Section 3.40.110.B of the Chino Municipal Code. The DIF Credit allocations are detailed in Exhibit B, titled “Tract Map No. 18972 DIF Costs and Credit Reconciliation,” which is attached hereto and incorporated herein by reference.

5.3 Remaining Reimbursement and Project Credit. An amount equal to the Total DIF Cost as shown in Column 3 of Exhibit B, as confirmed by the City Engineer, less the Project DIF Credits 1718
of $520,873 shown in Column 4 of Exhibit B (the “DIF Amount”) remains to be returned to Developer as a DIF reimbursement in the amount of $250,428 from the Citywide DIF Water component and $302,591.16 from the Citywide DIF Circulation component as shown in column 5 of Exhibit B (collectively, “DIF Reimbursement”). The City Engineer and Developer agree that (i) the DIF obligation of the Project has been satisfied through the construction of the Public Improvements and receipt of the DIF Credits; (ii) the documentation substantiating the construction costs of the Public Improvements in compliance with the provisions of this Agreement is complete; and (iii) the Developer is eligible to receive the DIF Reimbursement amount set forth in Exhibit B. The City shall pay the DIF Reimbursement to the Developer for the respective fee component in accordance with the provisions of the DIF Ordinance. Notwithstanding anything herein to the contrary, the City agrees that the Developer may elect to convert the DIF Reimbursement amount into fee credits, which may be transferred to other projects within the City upon written notice from Developer.

6. Administrative Costs. If Developer fails to comply with any obligation contained herein, Developer shall be jointly and severally liable to City for all administrative expenses, fees, and costs, including reasonable attorneys’ fees and costs, incurred in obtaining compliance with this Agreement or in processing any legal action or for any other remedies permitted by law.

7. Miscellaneous.

7.1 Relationship between the Parties. The Parties hereby mutually agree that this Agreement shall not operate to create the relationship of partnership, joint venture, or agency between City and Developer. Developer’s contractors are exclusively and solely under the control and dominion of Developer. Nothing herein shall be deemed to make Developer or its contractors an agent or contractor of City.

7.2 Authority to Enter Agreement. Each person executing this Agreement on behalf of Developer represents and warrants that he or she has the legal power, right and authority to execute this Agreement on behalf of Developer and that this Agreement is binding upon Developer.

7.3 Notices. Any notice, demand, request, consent, approval, or communication either Party desires or is required to give to the other Party or any person shall be in writing and either served personally, communicated electronic mail (with a receipt requested), or sent by prepaid, first-class mail to the address set forth below. Notice shall be deemed communicated immediately upon personal delivery, fax or email receipt, or forty-eight (48) hours from the time of mailing if mailed as provided in this Section:

To City: City of Chino
13220 Central Ave.

Chino, CA 91710
Attn: Director of Public Works
Email: [email protected]
With Copy to: Aleshire & Wynder, LLP
1 Park Plaza, Suite 1000
Irvine, CA 92614
Attn: Fred Galante, Esq.

Email: [email protected]
To Developer: c/o Lennar Homes
4140 Temescal Canyon Dr., Ste. 410
1719
Corona, CA 92883
Attn: Geoff Smith
Email: [email protected]

7.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement.

7.5 Construction; References; Captions. The Parties agree that the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party.

All references to Developer include all personnel, employees, agents, and contractors of Developer, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

7.6 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and executed by both Parties.

7.7 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual right by custom, estoppel, or otherwise.

7.8 Binding Effect. Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the Parties, and their successors, heirs, personal representatives, or assigns.

This section shall not be construed as an authorization for any Party to assign any right or obligation.

7.9 No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.

7.10 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

7.11 Governing Law; Consent to Jurisdiction and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Any legal action or proceeding brought to interpret or enforce this Agreement, or which in any way arises out of the Parties’ activities undertaken pursuant to this Agreement, shall be filed and prosecuted in the appropriate California State Court in the County of San Bernardino, California.

7.12 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original and which collectively shall constitute one instrument.

7.13 City Officers and Employees. No officer or employee of City shall be personally liable to Developer or any successors in interest in the event of any default or breach by City or for any amount that may become due to Developer or any successor(s) in interest or for breach of any obligation of the terms of this Agreement. No officer or employee of Developer shall be personally liable to City or any successor(s) in interest in the event of any default or breach by Developer or for any amount that may become due to City or their successors in interest or for breach of any obligation of the terms of this Agreement.
1720

7.14 Entire Agreement. This Agreement contains the entire agreement between City and Developer and supersedes any prior oral or written statements or agreements between City and Developer.

7.15 Exhibits. The following exhibits are attached hereto and incorporated herein by reference:

Exhibit A Location of DIF Eligible Improvements
Exhibit B DIF Costs and Credit Reconciliation
[SIGNATURES ON FOLLOWING PAGE]
1721
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first above written.

DEVELOPER: CITY:

LENNAR HOMES OF CALIFORNIA, LLC,
a California limited liability company
By:____________________
Its: ____________________
DATED: __________ , 2025
CITY OF CHINO, a municipal corporation
By: _______________________
Dr. Linda Reich
City Manager
DATED: __________ , 2025
ATTEST:
__________________________
Natalie Gonzaga, City Clerk
DATED: __________ , 2025
APPROVED AS TO CONTENT:
_________________________
Hye Jin Lee
Director of Public Works
DATED: __________ , 2025
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
By: ______________________
Fred Galante, City Attorney
DATED: __________ , 2025
DEVELOPER: TWO PERSONS AUTHORIZED BY THE APPLICABLE ENTITY FORMATION DOCUMENTS SHALL EXECUTE THIS AGREEMENT. COPIES OF APPLICABLE DOCUMENTS EVIDENCING SUCH AUTHORITY SHALL BE PROVIDED TO CITY. DEVELOPER SIGNATURES

SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE APPLICABLE FORMATION DOCUMENTS FOR THE ENTITY. 1722
Exhibit A
Location of DIF Eligible Improvements Tract No. 18972
16” Water Line
Euclid / Edison Intersection & Traffic Signal
Euclid / Eucalyptus Traffic Signal
1723
Exhibit B
Tract Map No. 18972 DIF Costs and
Credit Reconciliation
City DIF
Project
No.

City Master
Facilities Plan
Description
Max DIF
Costs (a)
Dev. Const.

Costs (b)
Dev. DIF
Credit
Eligible
Costs (c)
Project DIF
Credits
Received (d)
City DIF
Reimb.

Amount (e)
Column (1) (2) (3) (4) (3)-(4)=(5)
TR-008 Traffic Signal - Fern /
Eucalyptus
$296,112.00 $553,500.00 $296,112.00 $296,112.00 $0.00
TR-012 Traffic Signal -
Euclid / Eucalyptus
$296,112.00 $212,483.91 $212,483.91 $91,104.00 $121,379.91 Preserve
DIF
TR-126
Euclid / Edison -
Intersection Improv.
& Traffic Signal
$1,075,604.00 $181,211.25 $181,211.25 $0.00 $181,211.25 TOTAL - STREET COSTS $1,667,828.00 $947,195.16 $689,807.16 $387,216.00 $302,591.16 WT-006 Euclid 16" Water
Line
$2,408,000.00 $384,085.00 $384,085.00 $133,657.00 $250,428.00 TOTAL - WATER COSTS $2,408,000.00 $384,085.00 $384,085.00 $133,657.00 $250,428.00 TOTAL PROJECT COSTS $4,075,828.00 $1,331,280.16 $1,073,892.16 $520,873.00 $553,019.16 Notes:
(a) Represents the costs shown in the City’s Master Facilities Plan dated January, 2018. (b) Represents the actual cost of the master plan facilities constructed by the Developer. (c) Represents the total DIF credit based on the lesser of Developer actual costs eligible for DIF credit or DIF Project cost specified in the Master Facilities Plan.
(d) Represents an amount equal to the DIF fee obligation of the project for which the Developer received DIF credits.
(e) Represents the developer oversizing costs eligible for DIF Reimbursement by the City. 1724

MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT
CITY COUNCIL MEETING DATE: SEPTEMBER 16, 2025
TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: EUNICE M. ULLOA, MAYOR

SUBJECT
..titl e
Community Support Fund – Mayor Ulloa.
..end

RECOMMENDATION
..recommendation
Approve community support fund contribution of $500 to the American Cancer Society Making Strides Against Breast Cancer Fundraiser.
..body

FISCAL IMPACT
Sufficient funds have been included in the Fiscal Year 2025-26 Operating Budget.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
 Positive City Image
 Superior Customer Service
 Exemplary Leadership
 Public Service Excellence through Internal and External Partnerships Revenue: Expenditure: 1002000 43300 N2026
Transfer In: Transfer Out:
1725
CITY COUNCIL MEETING DATE: SEPTEMBER 16, 2025
TITLE: COMMUNITY SUPPORT FUND – MAYOR ULLOA.

PAGE: 2

BACKGROUND
The City of Chino is fortunate to have multiple non-profits and community groups dedicated to serving the public and preserving Chino’s unique history. To assist in their ongoing efforts, the City Council from time to time authorizes expenditures from the City’s community support fund.

These expenditures serve a valid public purpose by helping to continue the outstanding services that these organizations provide to our community.

ISSUES/ANALYSIS
To continue this tradition, Mayor Ulloa recommends that the City Council approve the following contribution:
 American Cancer Society – Making Strides Against Breast Cancer Fundraiser $500: A community-based fundraising event to support cancer research.

By approving this contribution, American Cancer Society will be better equipped to provide services to the Chino community. Therefore, as proposed by Mayor Ulloa, staff recommends that the City Council approve the community support contribution to American Cancer Society. 1726

MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT
CITY COUNCIL MEETING DATE: SEPTEMBER 16, 2025
TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: COUNCIL MEMBER COMSTOCK

SUBJECT
..titl e
Community Support Fund – Council Member Comstock.
..end

RECOMMENDATION
..recommendation
Approve community support fund contributions of $250 to American Cancer Society Making Strides Against Breast Cancer Fundraiser and $250 to St. Margaret Mary School Car Show. ..body

FISCAL IMPACT
Sufficient funds have been included in the Fiscal Year 2025-26 Operating Budget.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
 Positive City Image
 Superior Customer Service
 Exemplary Leadership
 Public Service Excellence through Internal and External Partnerships Revenue: Expenditure: 1002000 43300 N2031
Transfer In: Transfer Out:
1727
CITY COUNCIL MEETING DATE: SEPTEMBER 16, 2025
TITLE: COMMUNITY SUPPORT FUND – COUNCIL MEMBER COMSTOCK.

PAGE: 2

BACKGROUND
The City of Chino is fortunate to have multiple non-profits and community groups dedicated to serving the public and preserving Chino’s unique history. To assist in their ongoing efforts, the City Council from time to time authorizes expenditures from the City’s community support fund.

These expenditures serve a valid public purpose by helping to continue the outstanding services that these organizations provide to our community.

ISSUES/ANALYSIS
To continue this tradition, Council Member Comstock recommends that the City Council approve the following contributions:
 American Cancer Society - Making Strides Against Breast Cancer Fundraiser $250:

A community based fundraising event to support cancer research.  St. Margaret Mary School Car Show $250: Offers excellence in academics with a family-valued environment, providing positive contributions to organizations in and around Chino.

By approving these contributions, the American Cancer Society Making Strides Against Breast Cancer Fundraiser and St. Margaret Mary School Car Show will be better equipped to provide services to the Chino community. Therefore, as proposed by Council Member Comstock, staff recommends that the City Council approve the community support contributions to American Cancer Society Making Strides Against Breast Cancer Fundraiser and St. Margaret Mary School Car Show.
1728

MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT
CITY COUNCIL MEETING DATE: SEPTEMBER 16, 2025
TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: COUNCIL MEMBER FLORES

SUBJECT
..titl e
Community Support Fund – Council Member Flores.
..end

RECOMMENDATION
..recommendation
Approve a community support fund contribution of $250 to Rotary Club of Chino Valley and $250 to American Cancer Society Making Strides Against Breast Cancer Fundraiser. ..body

FISCAL IMPACT
Sufficient funds have been included in the Fiscal Year 2025-26 Operating Budget.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
 Positive City Image
 Superior Customer Service
 Exemplary Leadership
 Public Service Excellence through Internal and External Partnerships Revenue: Expenditure: 1002000 43300 N2032
Transfer In: Transfer Out:
1729
CITY COUNCIL MEETING DATE: SEPTEMBER 16, 2025
TITLE: COMMUNITY SUPPORT FUND – COUNCIL MEMBER FLORES.

PAGE: 2

BACKGROUND
The City of Chino is fortunate to have multiple non-profits and community groups dedicated to serving the public and preserving Chino’s unique history. To assist in their ongoing efforts, the City Council from time to time authorizes expenditures from the City’s community support fund.

These expenditures serve a valid public purpose by helping to continue the outstanding services that these organizations provide to our community.

ISSUES/ANALYSIS
To continue this tradition, Council Member Flores recommends that the City Council approve the following contribution:
 Rotary Club of Chino Valley - $250: Offers fun community events with proceeds earmarked to support community goals and initiatives.
 American Cancer Society - Making Strides Against Breast Cancer Fundraiser $250:

A community based fundraising event to support cancer research.

By approving this contribution, Rotary Club of Chino Valley and American Cancer Society will be better equipped to provide services to the Chino community. Therefore, as proposed by Council Member Flores, staff recommend that the City Council approve the community support contribution to Rotary Club of Chino Valley and American Cancer Society. 1730

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