01225.0006/367559.3 Updated 10-2020
PUBLIC IMPROVEMENT AGREEMENT
by and between
CITY OF CHINO
and
BCT CORPORATE CENTER, LLC
01225.0006/367559.3
PUBLIC IMPROVEMENT AGREEMENT BETWEEN
THE CITY OF CHINO
AND
BCT CORPORATE CENTER, LLC
Agreement Date: September 1, 2026
Developer: BCT Corporate Center, LLC
Project Description: The proposed project consists of the construction of a 110-unit residential rental community consisting of 14 three-story residential buildings and a recreation building on approximately 4.12 acres of land within the AM (Auto Mall) land use designation of the Eucalyptus Business Park Specific Plan, located on the west side of Corporate Center, approximately 625 feet west of Ramona Avenue, within Assessor’s Parcel Number (APN) 1025- 211-19.
Tentative Map No.: N/A
Estimated Total Cost of Improvements: $470,000.00
Security:
Bond No.: ____________________
Surety:
01225.0006/367559.3
Designees for the Service of Written Notice:
CITY: DEVELOPER:
Jesus Plasencia
Assistant City Engineer
13220 Central Avenue
Chino, CA 91710
(909) 334-3417
[email protected]
BCT Corporate Center, LLC
Tim Stanley
1400 Newport Center Drive, Ste. 200
Newport Beach, CA 92660
(209) 777-9259
[email protected]
CITY PROJECT INSPECTOR SURETY
Isaac Ortega
Permit & Inspection Supervisor
13220 Central Avenue
Chino, CA 91710
(909) 334-3501
[email protected]
01225.0006/367559.3
TABLE OF CONTENTS
1. Construction Obligations
1.1 Works of Improvement
1.2 Other Obligations Referenced in Conditions of Approval
1.3 Intent of Plans
1.4 Performance of Work
1.5 Changes in the Work
1.6 Defective Work
1.7 No Warranty by City
1.8 Authority of the City Engineer
1.9 Documents Available at the Site
1.10 Inspection
1.11 Compliance with Law; Applicable Standards for Improvements
1.12 Suspension of Work
1.13 Erosion and Dust Control and Environmental Mitigation
1.14 Final Acceptance of Works of Improvement
1.15 Vesting of Ownership
1.16 Developer’s Obligation to Warn Public During Construction
1.17 Injury to Public Improvements, Public Property or Public Utility
2. Time for Performance
2.1 Commencement and Completion Dates
2.2 Phasing Requirements
2.3 Force Majeure
2.4 Continuous Work
3. Labor
3.1 Labor Standards
3.2 Nondiscrimination
3.3 Licensed Contractors
3.4 Workers’ Compensation
4. Security
4.1 Required Security
4.2 Form of Security Instruments
4.3 Developer’s Liability
4.4 Letters of Credit
4.5 Release of Security Instruments
5. Cost of Construction and Provision of Inspection Service 01225.0006/367559.3
5.1 Developer Responsible for All Related Costs of Construction
5.2 Payment to City for Cost of Related Inspection and Engineering Services
5.3 Payment of Development Impact Fees
6. Acceptance of Offers of Dedication
7. Warranty of Work
8. Default
8.1 Default by Developer
8.2 Remedies
8.3 Remedies Not Exclusive
8.4 Attorney’s Fees and Costs
8.5 Waiver
9. Indemnity/Hold Harmless
10. Developer’s Indemnity of Project Approval
11. Insurance Requirements
12. Environmental Warranty
13. General Provisions
13.1 Successors and Assigns
13.2 No Third-Party Beneficiaries
13.3 No Vesting Rights
13.4 Developer is Not Agent of City
13.5 Time of the Essence
13.6 Notices
13.7 No Apportionment
13.8 Severability
13.9 Captions
13.10 Incorporation of Recitals
13.11 Interpretation
13.12 Entire Agreement; Waivers and Amendments
13.13 Counterparts
14. Authority
01225.0006/367559.3
1 PUBLIC IMPROVEMENT AGREEMENT
THIS PUBLIC IMPROVEMENT AGREEMENT (this “Agreement”) is entered into this 1st day of September, 2026, by and between the CITY OF CHINO, a municipal corporation, organized and existing in the County of San Bernardino, under and by virtue of the laws of the State of California, (“CITY”), and BCT Corporate Center, LLC, a Delaware limited liability company (“DEVELOPER”).
RECITALS
A. Developer is the owner of certain real property located in the City of Chino, County of San Bernardino, State of California (the “Property”), as described on Exhibit “A”, which Developer proposes to develop and construct certain works of improvement thereon, as hereafter set forth.
B. Developer has applied for and received conditional approval from the City to construct a 110-unit residential rental community consisting of 14 three-story residential buildings and a recreation building on approximately 4.12 acres of the land, located on the west side of Corporate Center, approximately 625 feet west of Ramona Avenue (the “Project”).
C. The City desires to assure that said improvements proposed for the Project will be constructed in a good workmanlike manner and in accordance with all applicable laws, statues, ordinances, resolutions and regulations now in force and effect in the City of Chino and the State of California, all of which are incorporated herein.
D. The Developer acknowledges familiarity with the various requirements for public improvements contained in the Chino Municipal Code and agrees to comply therewith.
COVENANTS
Based upon the foregoing Recitals which are incorporated herein by reference and in consideration of City’s site plan or other entitlements for the Property and permitting development of the Property to proceed, Developer agrees to timely perform all of its obligations as set forth herein.
1. Construction Obligations.
1.1. Works of Improvement. Developer agrees, at its sole cost and expense, to construct or install, or cause to be constructed or installed the street, drainage, domestic water, sanitary sewer, street lighting, landscaping, utility, and other improvements more fully described as Exhibit “B” attached hereto (the “Works of Improvement”), as the same may be supplemented and revised from time to time as set forth in this Agreement (said plans and specifications, together with all related documents, the “Plans”). The estimated construction cost for the Works of Improvement is $470,000.00.
1.2. Other Obligations Referenced in Conditions of Tentative Map Approval. In addition to the foregoing, Developer shall satisfy all of the other Conditions associated with the 01225.0006/367559.3
2 Project and the Property. The Conditions associated with the Map are included in Exhibit “B” attached hereto.
1.3. Intent of Plans. The intent of the Plans referenced in Section 1.1 is to prescribe a complete work of improvement which Developer shall perform or cause to be performed in a manner acceptable to the City Engineer, (or designee), and in full compliance with all codes and the terms of this Agreement. Developer shall complete a functional or operable improvement or facility, even though the Plans may not specifically call out all items of work required for Developer’s contractor to complete its tasks, incidental appurtenances, materials, and the like. If any omissions are made or information necessary to carry out the full intent and meaning of the Plans, Developer or its contractor shall immediately notify its design engineer who will seek approval of the City Engineer for furnishing of detailed instructions. In the event of any doubt or question arising regarding the true meaning of any of the Plans, reference shall be made to the City Engineer whose decision thereon shall be final.
Developer recognizes that the Plans consist of general drawings. All authorized alterations affecting the requirements and information given on the Plans shall be in writing and approved by the City Engineer. The Plans shall be supplemented by such working or shop drawings as are necessary to adequately control the work. Without the City Engineer’s prior written approval, no change shall be made by Developer or its contractor to any plan, specification, or working or shop drawing after it has been stamped as approved.
1.4. Performance of Work. Developer shall furnish or cause to be furnished all materials, labor, tools, equipment, utilities, transportation, and incidentals required to perform Developer’s obligations under this Agreement.
1.5. Changes in the Work. The City Engineer, without invalidating this Agreement and without notification to any of the sureties or financial institutions referenced in Paragraph 4, may order extra work or may make changes by altering or deleting any portion of the Works of Improvement as specified herein or as deemed necessary or desirable by the City Engineer as determined necessary to accomplish the purposes of this Agreement and to protect the public health, safety, or welfare. The City Engineer shall notify Developer or its contractor in writing (by Correction Notice) at the time a determination has been made to require changes in the work. No field changes performed or proposed by Developer or its contractor shall be binding on City unless approved in writing by the City Engineer. The City and Developer may mutually agree upon changes to the Works of Improvement, subject to the security requirements in Section 4.
1.6. Defective Work. Developer shall cause its contractor to repair, reconstruct, replace, or otherwise make acceptable any work found by the City Engineer to be defective.
1.7. No Warranty by City. The Plans for the Works of Improvement have been prepared by or on behalf of Developer or its consultants or contractors, and City makes no representation or warranty, express or implied, to Developer or to any other person regarding the adequacy of the Plans or related documents.
1.8. Authority of the City Engineer. In addition to the authority granted to the City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to decide all 01225.0006/367559.3
3 questions which may arise as to the quality and acceptability of materials furnished and work performed, and all questions as to the satisfactory and acceptable fulfillment of the terms of this Agreement by Developer and its contractor.
1.9. Documents Available at the Site. Developer shall cause its contractor to keep a copy of all approved Plans at the job site and shall give access thereto to the City’s inspectors and engineers at all times.
1.10. Inspection. Developer shall have an authorized representative on the job site at all times during which work is being done who has full authority to act for Developer, or its design engineer, and Developer’s contractor(s) regarding the Works of Improvement.
Developer shall cause its contractor to furnish the City with every reasonable facility for ascertaining whether or not the Works of Improvement as performed are in accordance with the requirements and intent of this Agreement, including the Plans. If the City inspector requests it, the Developer’s contractor, at any time before acceptance of the Works of Improvement, shall remove or uncover such portions of the finished work as may be directed which have not previously been inspected. After examination, the Developer’s contractor shall restore said portions of the work to the standards required hereunder. Inspection or supervision by the City Engineer (or designee) shall not be considered as direct control of the individual workmen on the job site. City’s inspectors shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement.
The inspection of the work by City shall not relieve Developer or its contractor of any obligations to fulfill this Agreement as herein provided, and unsuitable materials or work may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted.
1.11. Compliance with Law; Applicable Standards for Improvements. In addition to the express provisions of this Agreement and the Plans, Developer shall cause construction of the Works of Improvement to be completed in accordance with all other applicable federal, state, and local laws, ordinances, rules and regulations. In addition, without limiting the foregoing, the Developer shall, at its expense, obtain and comply with the conditions of all necessary permits and licenses for the construction of the Works of Improvement. The Developer shall also give all necessary notices and pay all fees and taxes as required by law.
Developer shall construct the improvements in accordance with the City standards in effect at the time of the adoption of this Agreement. City reserves the right to protect the public safety or welfare or comply with applicable Federal or State law or City zoning ordinances.
1.12. Suspension of Work. The City Engineer shall have authority to order suspension of the work for failure of the Developer’s contractor to comply with law pursuant to Section
1.12. In case of suspension of work for any cause whatsoever, Developer and its contractor shall be responsible for all materials and shall store them properly if necessary and shall provide suitable interim drainage and/or dust control measures, and erect temporary structures where necessary.
1.13. Erosion and Dust Control and Environmental Mitigation. All grading, landscaping, and construction activities shall be performed in a manner to control erosion and prevent 01225.0006/367559.3
4 flooding problems. The City Engineer shall have the authority to require erosion plans to prescribe reasonable controls on the method, manner, and time of grading, landscaping, and construction activities to prevent nuisances to surrounding properties. Plans shall include without limitation temporary drainage and erosion control requirements, dust control procedures, restrictions on truck and other construction traffic routes, noise abatement procedures, storage of materials and equipment, removal of garbage, trash, and refuse, securing the job site to prevent injury, and similar matters.
1.14. Final Acceptance of Works of Improvement. After Developer’s contractor has completed all of the Works of Improvement, Developer shall then request a final inspection of the work. If items are found by the City’s inspectors to be incomplete or not in compliance with this Agreement or any of the requirements contained or referenced herein, City will inform the Developer or its contractor of such items. After the Developer’s contractor has completed these items, the procedure shall then be the same as specified above for the Developer’s contractor’s initial request for final inspection. If items are found by City’s inspectors to be incomplete or not in compliance after two (2) “final” inspections, the City may require the Developer or its contractor, as a condition to performing further field inspections, to submit in writing a detailed statement of the work performed subsequent to the date of the previous inspection which was found to be incomplete or not in compliance at that time. Developer shall be responsible for payment to City Engineer of re-inspection fees in the amount necessary to cover the City’s costs for additional final inspections, as determined by the City Engineer.
No inspection or acceptance pertaining to specific parts of the Works of Improvement shall be construed as final acceptance of any part until the overall final acceptance by the City Engineer is made. The City Engineer shall make a certification of completion and acceptance on the Works of Improvement by recordation of a Notice of Acceptance on behalf of the City.
Final acceptance shall not constitute a waiver by the City Engineer of defective work subsequently discovered.
The date on which the Works of Improvement will be considered as complete shall be the date of the Notice of Acceptance.
1.15. Vesting of Ownership. Upon recordation of the Notice of Acceptance, ownership of the Works of Improvement shall vest in the City.
1.16. Developer’s Obligation to Warn Public During Construction. Until recordation of the Notice of Acceptance, Developer shall give good and adequate warning to the public of any dangerous condition of the Works of Improvements and shall take reasonable actions to protect the public from such dangerous condition. Until recordation of the Notice of Acceptance, Developer shall provide forty-eight (48) hours’ advance written notice to all neighboring property owners and tenants affected by Developer’s operations or construction of the hours, dates and duration of any planned construction activities.
1.17. Injury to Public Improvements, Public Property or Public Utility. Until recordation of the Notice of Acceptance of the Works of Improvement, Developer assumes responsibility for the care and maintenance of, and any damage to, the Works of Improvements. Developer shall replace or repair all Works of Improvements, public property, public utility facilities, and 01225.0006/367559.3
5 surveying or subdivision monuments and benchmarks which are destroyed or damaged for any reason, regardless whether resulting from the acts of the Developer, prior to the recordation of the Notice of Acceptance. Developer shall bear the entire cost of such replacement or repairs regardless of what entity owns the underlying property. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer.
Neither the City, nor any officer or employee thereof, shall be liable or responsible for any accident, loss or damage, regardless of cause, occurring to the work or Works of Improvements prior to recordation of the Notice of Acceptance of the work or improvements.
2. Time for Performance.
2.1. Commencement and Completion Dates. Subject to Sections 2.2 and 2.3 below, Developer shall (i) commence with construction and installation of the Works of Improvement thirty (30) days following City’s approval of the Plans (“Commencement Date”); and (ii) complete or cause to be completed all of the Works of Improvement within two (2) years after the Commencement Date. In the event good cause exists as determined by the City Engineer, the time for commencement of construction or completion of the Works of Improvement hereunder may be extended by up to three (3) additional one-year periods. Extensions shall be executed in writing by the City Engineer. The City Engineer in his or her sole discretion determines whether or not the Developer has established good cause for an extension. As a condition of such extension, the City Engineer may require Developer to furnish new security guaranteeing performance of this Agreement, as extended, in an increased amount to compensate for any increase in construction costs as determined by the City Engineer. If Developer requests and is granted an extension of time for completion of the improvements, City may apply the standards in effect at the time of the extension.
2.2. Phasing Requirements. Notwithstanding the provisions of Section 2.1, the City reserves the right to control and regulate the phasing of completion of specific Works of Improvement as required to comply with applicable City ordinances, regulations, and rules relating to the timely provision of public services and facilities. In addition to whatever other remedies the City may have for Developer’s failure to satisfy such phasing requirements, as the same now exist or may be amended from time to time, Developer acknowledges City’s right to withhold the issuance of further building permits on the Property until such phasing requirements are satisfied. Prior to issuance of building permits, Developer shall provide satisfactory evidence that all applicable requirements that are a condition to issuance of building permits have been satisfied. Such requirements may include the payment of fees, construction of improvements, or both. Final inspections or issuance of Certificates of Occupancy may be withheld from the Developer by the City, if, upon a determination by the City Engineer, completion of specific Works of Improvements or other requirements associated with the development of the Property have not been completed to the City Engineer’s satisfaction.
2.3. Force Majeure. Notwithstanding the provisions of Section 2.1, Developer’s time for commencement and completion of the Works of Improvement shall be extended for the period of any enforced delay caused due to circumstances beyond the control and without the fault of Developer, including to the extent applicable adverse weather conditions, flood, 01225.0006/367559.3
6 earthquakes, strikes, lockouts, pandemics, acts or failures to act of a public agency (including City), required changes to the scope of work required by City, and similar causes; provided, however, that the period of any enforced delay hereunder shall not include any period longer than five (5) days prior to City’s receipt of a written notice from Developer or its contractor detailing the grounds for Developer’s claim to a right to extend its time for performance hereunder. The City Engineer shall evaluate all claims to Force Majeure and make a reasonable determination regarding the length of any extension of time for commencement and/or completion of the Works of Improvement and the City Engineer’s decision shall be final.
2.4. Continuous Work. After commencement of construction of the Works of Improvement (or separate portion thereof), Developer shall cause such work to be diligently pursued to completion and shall not abandon the work for a consecutive period or more than thirty (30) days, events of Force Majeure excepted.
3. Labor.
3.1. Labor Standards. This Agreement is subject to, and Developer agrees to comply with, all of the applicable provisions of the Labor Code including, but not limited to, the wage and hour, prevailing wage, worker compensation, and various other labor requirements in Division 2, Part 7, Chapter 1, including section 1720 to 1740, 1770 to 1780, 1810 to 1815, 1860 to 1861, which provisions are specifically incorporated herein by reference as set forth herein in their entirety. Developer shall expressly require compliance with the provisions of this Section in all agreements with contractors and subcontractors for the performance of the Works of Improvement.
3.2. Nondiscrimination. In accordance with the California Fair Employment and Housing Act (“FEHA”), California Government Code Section 12940 et seq., Developer agrees that Developer, its agents, employees, contractors, and subcontractor performing any of the Works of Improvement shall not discriminate, in any way, against any person on the basis of race, ethnicity, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Developer shall expressly require compliance with the provisions of this Section in all agreements with contractors and subcontractors for the performance of this Agreement.
3.3. Licensed Contractors. Developer shall cause all of the Works of Improvement to be constructed by contractors and subcontractors with valid California Contractors’ licenses for the type of work being performed. All of Developer’s contractors and subcontractors shall obtain a valid City of Chino business license prior to performing any work pursuant to this Agreement. Developer shall provide the City Engineer with a list of all of its contractors and subcontractors prior to initiating any work, and all valid Contractor’s licenses and business licenses issued thereto as a condition of constructing the Works of Improvements.
3.4. Worker’s Compensation. Developer shall cause every contractor and subcontractor performing any of the Works of Improvement to carry Workers’ Compensation Insurance as required by the Labor Code of the State of California and shall cause each such 01225.0006/367559.3
7 contractor and subcontractor to submit to City a Certificate of Insurance verifying such coverage prior to such contractor or subcontractor entering onto the job site.
4. Security.
4.1. Required Security.
(a) At the time Developer executes this Agreement, Developer shall furnish to City the following bonds, letters of credit, instruments of credit (assignment of deposit account) or other security acceptable to City in its sole and absolute discretion and satisfying the requirements of the applicable provisions of this Section 4 below (hereinafter “Security Instruments”):
(i) A Security Instrument securing Developer’s faithful performance of all of the Works of Improvement (“Faithful Performance Security Instrument”), in the amount of $470,000.00 equal to 100% of the estimated construction cost referenced in Section 1.1.
(ii) A Security Instrument guaranteeing the payment to contractors, subcontractors, and other persons furnishing labor, materials, and/or equipment (“Labor and Materials Security Instrument”) with respect to the Works of Improvement in an amount equal to $235,000.00 equal to 50% of the estimated construction cost referenced in Section 1.1.
This Agreement shall not be effective for any purpose until such Security Instruments are supplied to and approved by City in accordance herewith. (b) Required Security Instrument for Maintenance and Warranty. Prior to the City Council’s acceptance of the Works of Improvement and recordation of a Notice of Completion, Developer shall deliver a Security Instrument warranting the work accepted for a period of one (1) year following said acceptance (“Maintenance and Warranty Security Instrument”), in the amount of $47,000.00 equal to 10% of the estimated construction cost set forth in Section 1.1 or a suitable amount determined by the City Engineer.
4.2. Form of Security Instruments. All Security Instruments shall be in the amounts required under Section 4.1 (a) or 4.1(b), as applicable, shall meet the following minimum requirements and otherwise shall be in a form provided by City or otherwise approved by the City Attorney:
(a) Bonds. For Security Instruments provided in the form of bonds, any such bond must be issued and executed by an insurance company or bank authorized to transact surety business in the State of California. Any insurance company acting as surety shall have a minimum rating of A-IX, as rated by the current edition of Best’s Key Rating Guide published by A.M. Best’s Company, Oldwick, New Jersey, 08858. Any bank acting as surety shall have a minimum rating of AA, as rated by Moody’s or Standard & Poor’s.
01225.0006/367559.3
8 (b) Letters of Credit. For Security Instruments which are letters of credit, any letter of credit shall be an original separate unconditional, irrevocable, negotiable and transferable commercial letter of credit issued by a financial institution with offices in the State of California acceptable to City. Any such letter of credit shall specifically permit City to draw on same by unilateral certification of the City Engineer of the City that Developer is in default under its payment or performance obligations hereunder or in the event Developer fails to deliver a replacement letter of credit not less than thirty (30) days prior to the date of expiration of any such letter of credit and shall further be subject to the provisions of Section 4.4.
(c) Instrument of Credit. For Security Instruments which are Instruments of Credit, any Instrument of Credit shall be an assignment of deposit account assigning as security to City all of Developer’s interest in funds on deposit in one or more bank accounts with financial institutions acceptable to City. (d) General Requirements for all Security Instruments.
(i) Payments under any Security Instruments shall be required to be made (and, with respect to bonds, litigation shall be required to be instituted and maintained) in the City of Chino, State of California (and the Security Instrument shall so provide).
(ii) Each Security Instrument shall have a minimum term of one (1) year after the deadline for Developer’s completing the Works of Improvement, in accordance with Section 2.1 (other than Instruments of Credit, which shall have no defined term or expiration date).
(iii) Each Security Instrument shall provide that changes may be made in the Works of Improvement pursuant to the terms of this Agreement without notice to any issuer or surety and without affecting the obligations under such Security Instrument. (iv) If the Developer seeks to replace any security with another security, the replacement shall: (1) comply with all the requirements for security in this Agreement; (2) be provided by the Developer to the City Engineer; and (3) upon its written acceptance by the City Engineer, be deemed a part of this Agreement. Upon the City Engineer’s acceptance of a replacement security, the former security shall be released by the City.
4.3. Developer’s Liability. While no action of Developer shall be required in order for City to realize on its security under any Security Instrument, Developer agrees to cooperate with City to facilitate City’s realization under any Security Instrument, and to take no action to prevent City from such realization of any Security Instrument. Notwithstanding the giving of any Security Instrument or the subsequent expiration of any Security Instrument or any failure by any surety or financial institution to perform its obligations with respect thereto, Developer shall 01225.0006/367559.3
9 be personally liable for performance under this Agreement and for payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby and shall, within ten (10) days after written demand therefor, deliver to City such substitute security as City shall require satisfying the requirements in this Section 4.
4.4. Letters of Credit.
(a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be entitled to draw on any such letter of credit if a replacement letter of credit (expiring in not less than one (1) year, unless City agrees to a lesser term in City’s sole and absolute discretion) is not delivered not less than thirty (30) days prior to the expiration of the original letter of credit, such substitute letter of credit being in the same amount and having the terms and conditions as the initial letter of credit delivered hereunder, issued by a financial institution acceptable to City as of the date of delivery of the replacement letter of credit. (b) In the event of draw by the City on a letter of credit, the City may elect, in its sole and absolute discretion, to apply any such funds drawn to the obligations secured by such letter of credit or to hold such funds in an account under the control of the City, with no interest accruing thereon for the benefit of the Developer. If the City elects to hold the funds in an account pursuant to the foregoing, City may thereafter at any time elect instead to apply such funds as provided in the foregoing. Developer agrees and hereby grants City a security interest in such account to the extent required for City to realize on its interests therein and agrees to execute and deliver to City any other documents requested by City in order to evidence the creation and perfection of City’s security interest in such account.
4.5. Release of Security Instruments. The City shall release all Security Instruments consistent with Government Code Sections 66499.7 and 66499.8, Section 19.09.010 of the Chino Municipal Code, and as follows:
(a) City shall release the Faithful Performance Security Instrument and Labor and Materials Security Instrument when all of the following have occurred:
(i) Developer has made written request for release and provided evidence of satisfaction of all other requirements in this Section 4.5; (ii) the Works of Improvement have been accepted;
(iii) Developer has delivered the Maintenance and Warranty Security Instrument; and
(iv) after passage of the time within which lien claims are required to be made pursuant to Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code of the State of California. If lien claims have been timely filed, City shall hold the Labor and Materials Security Instrument until such claims have been resolved, 01225.0006/367559.3
10 Developer has provided a statutory bond, or otherwise as required by applicable law.
(b) City shall release the Maintenance and Warranty Security Instrument upon Developer’s written request upon the expiration of the warranty period, and settlement of any claims filed during the warranty period. (c) The City may retain from any security released, an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorney’s fees.
5. Cost of Construction and Provision of Inspection Service.
5.1. Developer Responsible for All Costs of Construction. Developer shall be responsible for payment of all costs incurred for construction and installation of the Works of Improvement. In the event Developer is entitled to reimbursement from City for any of the Works of Improvement, such reimbursement shall be subject to a separate Reimbursement Agreement to be entered into between Developer and City prior to construction of the Works of Improvement.
5.2. Payment to City for Cost of Related Inspection and Engineering Services.
Developer shall compensate City for all of City’s costs reasonably incurred in having its authorized representative make the usual and customary inspections of the Works of Improvement. In addition, Developer shall compensate City for all design, plan check, evaluating any proposed or agreed-upon changes in the work. The procedures for deposit and payment of such fees shall be as established by the City. In no event shall Developer be entitled to additional inspections or a final inspection and acceptance of any of the Works of Improvement until all City fees and charges have been fully paid, including without limitation, charges for applicable penalties and additional required inspections.
5.3. Payment of Development Impact Fees. Developer shall pay Development Impact Fees pursuant to and in accordance with Chino Municipal Code Chapter 3.40 and Chapter
3.45, as applicable.
6. Acceptance of Offers of Dedication. The City Council shall pass as appropriate resolution or resolutions accepting all offers of dedication shown on the approvals for the Project, with acceptance to become effective upon completion and acceptance by City of the Works of Improvement.
7. Warranty of Work. Developer shall guarantee all Works of Improvement against defective materials and workmanship for a period of one (1) year from the date of final acceptance. If any of the Works of Improvement should fail or prove defective within said one (1) year period due to any reason other than improper maintenance, or if any settlement of fill or backfill occurs, or should any portion of the Works of Improvement fail to fulfill any requirements of the Plans, Developer, within fifteen (15) days after written notice of such defects, or within such shorter time as may reasonably be determined by the City in the event of emergency, shall commence to repair or replace the same together with any other work which may be damaged or displaced in so doing. Should Developer fail to remedy defective 01225.0006/367559.3
11 material and/or workmanship or make replacements or repairs within the period of time set forth above, City may make such repairs and replacements and the actual cost of the required labor and materials shall be chargeable to and payable by Developer. The warranty provided herein shall not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by law.
8. Default.
8.1. Default by Developer. Default by Developer shall include, but not be limited to:
(a) Developer’s failure to timely commence construction of Works of Improvement under this Agreement;
(b) Developer’s failure to timely complete construction of the Works of Improvement;
(c) Developer’s failure to perform substantial construction work for a period for 20 consecutive calendar days after commencement of the work; (d) Developer’s insolvency, appointment of a receiver, or the filing of any petition in bankruptcy, either voluntary or involuntary, which Developer fails to discharge within 30 days;
(e) The commencement of a foreclosure action against the Property or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or (f) Developer’s failure to perform any other obligation under this Agreement.
8.2. Remedies. The City reserves all remedies available to it at law or in equity for a default or breach of Developer’s obligations under this Agreement. The City shall have the right, subject to this Section, to draw upon or use the appropriate security to mitigate the City’s damages in the event of default by Developer. The City’s right to draw upon or use the security is in addition to any other remedy available to City. The parties acknowledge that the estimated costs and security amounts may not reflect the actual cost of construction of the improvements and, therefore, City’s damages for Developer’s default shall be measured by the cost of completing the required improvements. The City may use the sums provided by the securities for the completion of the Works of Improvement in accordance with the plans. In the event the Developer fails to cure any default under this Agreement within 20 days after the City mails a notice of such default to the Developer and the Developer’s surety, Developer authorizes the City to perform the obligation for which Developer is in default and agrees to pay the entire cost of such performance by the City. The City may take over the work and complete the Works of Improvement, by contract or by any other method City deems appropriate, at the expense of the Developer. In such event, City, without liability for doing so, may complete the Works of Improvement using any of Developer’s materials, appliances, plans and other property that are at the work site and that are necessary to complete the Works of Improvement.
01225.0006/367559.3
12 8.3. Remedies Not Exclusive. In any case where this Agreement provides a specific remedy to City for a default by Developer hereunder, the Developer agrees that the choice of remedy or remedies for Developer’s breach shall be in the discretion of the City. Additionally, any remedy specifically provided in this Agreement shall be in addition to, and not exclusive of, City’s right to pursue any other administrative, legal, or equitable remedy to which it may by entitled.
8.4. Attorney’s Fees and Costs. In the event that Developer fails to perform any obligation under this Agreement, Developer agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorney’s fees. In the event of any dispute arising out of Developer’s performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing party in such action, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorney’s fees and costs. Such attorney’s fees and cost shall include fees and costs on any appeal, and in addition a party entitled to attorney’s fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment.
8.5. Waiver. No waiver by the City of any breach or default by the Developer shall be considered valid unless in writing, and no such waiver by the City shall be deemed a waiver of any subsequent breach or default by the Developer.
9. Indemnity/Hold Harmless. City or any officer, employee or agent thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of Developer, its agents, employees, contractors and subcontractors in the performance of this Agreement. Developer further agrees to protect, defend, indemnify and hold harmless City, its officials, boards and commissions, and members thereof, agents, and employees from any and all claims, demands, causes of action, liability or loss of any sort, because of, or arising out of, acts or omissions of Developer, its agents, employees, contractors and subcontractors in the performance of this Agreement, except for such claims, demands, causes of action, liability or loss arising out of the sole active negligence of the City, its officials, boards, commissions, the members thereof, agents and employees, including all claims, demands, causes of action, liability or loss because of or arising out of, in whole or in part, the design or construction of the improvements. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said Project, and the public improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design and construction of public drainage systems, streets and other improvements. Recordation of the Notice of Acceptance by the City of the Works of Improvements shall not constitute an assumption by the City of any responsibility for any damage or taking covered by this Section.
City shall not be responsible for the design or construction of the property to be dedicated or the improvements pursuant to the approved improvement plans or map, regardless of any negligent action or inaction taken by the City in approving the plans or map, unless the particular improvement design was specifically required by City over written objection by 01225.0006/367559.3
13 Developer submitted to the City Engineer before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design.
After recordation of the Notice of Acceptance, the Developer shall remain obligated to eliminate any latent defect in design or dangerous condition caused by the design or construction defect for a period of one (1) year; however, Developer shall not be responsible for routine maintenance. It is the intent of this section that Developer shall be responsible for all liability for design and construction of the improvements installed or work done pursuant to this Agreement and that City shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving or reviewing any work or construction. The improvement security shall not be required to cover the provisions of this Paragraph.
Developer shall reimburse the City for all costs and expenses, including but not limited to fees and charges of architects, engineers, attorneys, and other professionals, and court costs, incurred by City in enforcing this Section.
10. Developer’s Indemnity of Project Approval. Developer shall defend, indemnify, and hold harmless the City and its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning the Project. The City shall promptly notify the Developer of any claim, action, or proceeding and cooperate fully in the defense of any such claim, action, or proceeding. In the event City fails to promptly notify the Developer of any claim, action, or proceeding, or if the City fails to cooperate in the defense, the Developer shall not thereafter be responsible to defend, indemnify, or hold harmless the City. Nothing in this Section prohibits the City from participating in the defense of any claim, action, or proceeding if City bears its own attorney’s fees and costs and defends the action in good faith. Developer shall not be required to pay or perform any settlement unless the settlement is approved by the Developer.
11. Insurance Requirements. Developer, at Developer’s sole cost and expense and for the full term of this Agreement and any extensions thereto, shall obtain and maintain all of the following minimum insurance requirements in a form approved by the City’s authorized designee for Risk Management prior to commencing any work:
(a) Commercial General Liability policy with a minimum $1 million combined single limit for bodily injury and property damage providing all of the following minimum coverage without deductibles:
(i) Premises operations; including X, C, and U coverage; (ii) Owners’ and contractors’ protection;
(iii) Blanket contractual;
(iv) Completed operations; and
(v) Products.
01225.0006/367559.3
14 (b) Commercial Business Auto policy with a minimum $1 million combined single limit for bodily injury and property damage, providing all of the following minimum coverage without deductibles:
(i) Coverage shall apply to any and all leased, owned, hired, or non- owned vehicles used in pursuit of any of the activities associated with this Agreement; and
(ii) Any and all mobile equipment including cranes which are not covered under the above Commercial Business Auto policy shall have said coverage provided under the Commercial General Liability policy.
(c) Workers Compensation and Employers’ Liability policy in accordance with the laws of the State of California and providing coverage for any and all employees of the Developer:
(i) This policy shall provide coverage for Workers’ Compensation (Coverage A); and
(i) This policy shall provide coverage for $1,000,000 Employers’ Liability (Coverage B).
(ii) Pursuant to Labor Code section 1861, Developer by executing this Agreement certifies: “I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers’ Compensation or to undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract.”
(iii) Prior to commencement of work, the Developer shall file with the City’s Risk Manager a Certificate of Insurance or certification of permission to self-insure workers’ compensation conforming to the requirements of the Labor Code.
(d) Endorsements. All of the following endorsements are required to be made a part of each of the above-required policies as stipulated below:
(i) “The City of Chino, its officers, employees and agents are hereby added as additional insureds.”
(ii) “This policy shall be considered primary insurance with respect to any other valid and collectible insurance the City may possess, including any self- insured retention the City may have and any other insurance the City does possess shall be considered excess insurance only.”
01225.0006/367559.3
15 (iii) “This insurance shall act for each insured and additional insured as though a separate policy has been written for each. This, however, will not act to increase the limit of the insuring company.” (iv) “Thirty (30) days prior written notice of cancellation shall be given to the City of Chino in the event of cancellation and/or reduction in coverage, except that ten (10) days prior written notice shall apply in the event of cancellation for non-payment of premium.” Such notice shall be sent to the Risk Manager at the address indicated in Subsection f below.
(v) Subsection d(iv) hereinabove “Cancellation Notice” is the only endorsement required of the Workers’ Compensation and
Employers’ Liability policy.
(e) Admitted Insurers. All insurance companies providing insurance to the Developer under this Agreement shall be admitted to transact the business of insurance by the California Insurance Commissioner.
(f) Proof of Coverage. Copies of all required endorsements shall be attached to the Certificate of Insurance which shall be provided by the Developer’s insurance company as evidence of the coverage required herein and shall be mailed to:
City of Chino
Risk Management
13220 Central Avenue
Chino, CA 91710
12. Environmental Warranty.
12.1. Prior to the acceptance of any dedications or Works of Improvement by City, Developer shall provide City with a written warranty in a form substantially similar to Exhibit “C” attached hereto and incorporated herein by reference, that:
(a) Neither the property to be dedicated nor Developer are in violation of any environmental law, and neither the property to be dedicated nor the Developer are subject to any existing, pending or threatened investigation by any federal, state or local governmental authority under or in connection with the environmental laws relating to the property to be dedicated. (b) Neither Developer nor any other person with Developer’s permission to be upon the property to be dedicated shall use, generate, manufacture, produce, or release, on, under, or about the property to be dedicated, any Hazardous Substance except in compliance with all applicable environmental laws. For the purposes of this Agreement, the term “Hazardous Substances” shall mean any substance or material which is capable of posing a risk of injury to health, safety or property, including all those materials and substances designated as 01225.0006/367559.3
16 hazardous or toxic by any federal, state or local law, ordinance, rule, regulation or policy, including but not limited to, all of those materials and substances defined as “Toxic Materials” in Sections 66680 through 66685 of Title 22 of the California Code of Regulations, Division 4, Chapter 30, as the same shall be amended from time to time, or any other materials requiring remediation under federal, state or local laws, ordinances, rules, regulations or policies. (c) Developer has not caused or permitted the release of and has no knowledge of the release or presence of any Hazardous Substance on the property to be dedicated or the migration of any hazardous substance from or to any other property adjacent to, or in the vicinity of, the property to be dedicated. (d) Developer’s prior and present use of the property to be dedicated has not resulted in the release of any hazardous substance on the property to be dedicated.
12.2. Developer shall give prompt written notice to City of:
(a) Any proceeding or investigation by any federal, state or local governmental (b) authority with respect to the presence of any hazardous substance on the property to be dedicated or the migration thereof from or to any other property adjacent to, or in the vicinity of, the property to be dedicated. (c) Any claims made or threatened by any third party against City or the property to be dedicated relating to any loss or injury resulting from any hazardous substance; and
(d) Developer’s discovery of any occurrence or condition on any property adjoining or in the vicinity of the property to be dedicated that could cause the property to be dedicated or any part thereof to be subject to any restrictions on its ownership, occupancy, use for the purpose for which it is intended, transferability or suit under any environmental law.
13. General Provisions.
13.1. Successors and Assigns. This Agreement shall be binding upon all successors and assigns to Developer’s right, title, and interest in and to the Property and any portion thereof. Developer hereby consents to City recording this Agreement as official records of San Bernardino County, affecting fee title interest to the Property to provide constructive notice of the rights and obligations incurred by Developer in the City’s approval of this Agreement. In the event the Property is subsequently conveyed by Developer to a third party prior to completion of the Works of Improvement, whereby the third party is intended to assume Developer’s responsibilities with regard to this Agreement, (the “Replacement Developer”), the rights and obligations of this Agreement shall transfer to the Replacement Developer; however, the Security Instruments required pursuant to Section 4 of this Agreement, and furnished by Developer as a condition of the City’s approval of this Agreement, shall remain Developer’s responsibility to maintain until such time as Developer and its Replacement Developer enter 01225.0006/367559.3
17 into a Transfer and Assignment of Public Improvement Agreement, (the “Transfer Agreement”), to acknowledge the transfer of fee title to the Property from the Developer to its Replacement Developer, and to acknowledge the rights and obligations associated with this Agreement upon the Replacement Developer, including Replacement Developer’s responsibility to furnish replacement Security Instruments meeting the City’s approval pursuant to Section 4 of this Agreement. Until such time as a Transfer Agreement, meeting the City’s approval, is executed by Developer and its Replacement Developer, and replacement Security Instruments meeting City’s approval are furnished by the Replacement Developer, Developer retains sole responsibility for maintaining all Security Instruments required pursuant to Section 4 of this Agreement.
13.2. No Third-Party Beneficiaries. This Agreement is intended to benefit only the parties hereto and their respective successors and assigns. Neither City nor Developer intend to create any third-party beneficiary rights in this Agreement in any contractor, subcontractor, member of the general public, or other person or entity.
13.3. No Vesting Rights. Performance by the Developer of this Agreement shall not be construed to vest Developer’s rights with respect to any change in any zoning or building law or ordinance.
13.4. Developer is Not Agent of City. Neither Developer nor Developer’s agents, contractors, or subcontractors are agents or contractors of the City in connection with the performance of Developer’s obligations under this Agreement.
13.5. Time of the Essence. Time is of the essence of Developer’s performance of all of its obligations under this Agreement.
13.6. Notices. Unless otherwise specified in this Agreement, all notices required or provided for under this Agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date is delivered in person, or, if mailed, on the date of deposit in the United States Mail.
Notice shall be provided to the persons listed on Pages 1 and 2 of this Agreement by the parties for this purpose.
Either party may provide a new designated representative and/or address by written notice as provided in this Section.
13.7. No Apportionment. Nothing contained in this Agreement shall preclude City from expending monies pursuant to agreements concurrently or previously executed between the parties, or from entering into agreements with other Developers for the apportionment of costs of water and sewer mains, or other improvements pursuant to the provisions of the City ordinances providing, therefore. Nor shall anything in the Agreement commit City to any such apportionment.
13.8. Severability. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified by mutual written consent of the parties. 01225.0006/367559.3
18 13.9. Captions. The captions of this Agreement are for convenience and reference only and shall not be used in the interpretation of any provision of this Agreement.
13.10. Incorporation of Recitals. The recitals to this Agreement are hereby incorporated into the terms of this Agreement.
13.11. Interpretation. This Agreement shall be interpreted in accordance with the laws of the State of California.
13.12. Entire Agreement; Waivers and Amendments. This Agreement integrates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the parties with respect to all or part of the subject matter hereof, except as may be expressly provided herein. All waivers of the provisions of this Agreement must be in writing and signed by an authorized representative of the party to be charged, and all amendments hereto must be in writing and signed by the appropriate representatives of both parties.
13.13. Counterparts. This Agreement may be executed in one or more counterparts, all of which taken together shall be deemed one original.
14. Authority. The persons executing this Agreement on behalf of the parties warrant the (I) party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into of this Agreement does not violate any provisions of any other agreement to which said party is bound. [SIGNATURES ON NEXT PAGE]
01225.0006/367559.3
19 IN WITNESS WHEREOF, the City and the Developer have caused this Agreement to be executed the day and year first above written.
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
___________________________
Fred Galante, City Attorney Hye Jin Lee, P.E.
Director of Public Works
Dated: ____________ Dated: ______________
BCT CORPORATE CENTER, LLC
By: _____________________________
Its: Authorized Agent
Tim Stanley
CITY OF CHINO
Linda Reich, City Manager
Dated:
ATTEST:
______________________
Natalie Gonzaga, City Clerk
Dated: ________________
01225.0006/367559.3
01225.0006/367559.3 A-1
EXHIBIT “A”
LOCATION MAP
[attached]
01225.0006/367559.3 B-1
EXHIBIT “B”
WORKS OF IMPROVEMENT
PL24-0151
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).
The Developer shall also perform all work and furnish all materials necessary, in the opinion of the Director of Public Works or her designee and on her 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.
RESOLUTION NO 2025-029
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PL24-0151 OFF-SITE IMPROVEMENTS
LOCATION : Corporate Center Ave.
By: Fuscoe Enginering
DATE: 6/1/2026
Quantity Unit Item Unit Total Cost
Price Per Item
STREETS
EA Tree Removal 880.00$ -$
50 CY Concrete Removal 358.00$ 17,900.00$
34 CY AC Pavement Removal 110.00$ 3,740.00$ CY Imported Common Fill (Incl. Compaction) 37.00$ -$ 2966 SF Preparation of Subgrade, Sidewalk and Paving 1.10$ 3,262.60$ 254 LF PCC 8" Curb & 24" Gutter on 6" AB 29.00$ 7,366.00$ LF PCC 6" Curb & 24" Gutter on 6" AB 26.00$ -$ LF PCC Curb Only 22.00$ -$
LF 8" A.C. Berm 22.00$ -$
SF 8" PCC Cross Gutter on 6" AB 18.00$ -$ 2966 SF 4" PCC Sidewalk 6.40$ 18,982.40$ SF 6" PCC Thick Drive Approach on 6" AB 13.75$ -$ 800 SF 8" PCC Thick Drive Approach on 6" AB 16.50$ 13,200.00$ LF 2" x 6" Redwood Header 8.25$ -$
21 EA Street Sign and Post 523.00$ 10,983.00$ EA Traffic Sign and Post 440.00$ -$
EA Reflector Sign and Post 193.00$ -$
EA Painted Legend 7.00$ -$
SF Prime or Tack Coat 0.09$ -$
67 TON AC Variable - <300T 143.00$ 9,581.00$ TON AC Variable - >300T 132.00$ -$
TON CAB Variable - <300T 110.00$ -$
TON CAB Variable - >300T 99.00$ -$
EngCostEstimate Page 1 of 10 Effective Date: August 18, 2025
RESOLUTION NO 2025-029
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PL24-0151 OFF-SITE IMPROVEMENTS
LOCATION : Corporate Center Ave.
By: Fuscoe Enginering
DATE: 6/1/2026
Quantity Unit Item Unit Total Cost
Price Per Item
STREETS
2 EA Adjust Sewer Manhole to Grade 1,045.00$ 2,090.00$ EA Adjust Sewer Cleanout to Grade 550.00$ -$ EA Adjust Water Valve and Can to Grade 578.00$ -$ 2 EA Street Light (City Owner) 8,470.00$ 16,940.00$ EA Electrical Pedestal 7,150.00$ -$
EA Lot Monument Setting Fee 605.00$ -$
1330 LF Sawcut A.C. 3.30$ 4,389.00$
LF Sawcut Concrete 3.30$ -$
9850 SF Cold Plane A.C. 2" Thick 0.31$ 3,033.80$ LF Signing & Striping for
Arterial 21.00$ -$
Collector 14.00$ -$
580 Local 8.00$ 4,640.00$
EA Traffic Signal (8 - Phase Controller) 385,000.00$ -$ EA Modify existing Traffic Signal per Quadrant 82,500.00$ -$ LF Chain Link Fence
4 foot Residential Grade (Add $7.00/LF for Removal of
Existing Fence) 28.00 $ - $
6 foot School fence (Add $9.00/LF for Removal of
Existing Fence) 39.00 $ - $
EA Utility Poles
Transmission 12,650.00$ -$
Distribution 8,800.00$ -$
Service 3,300.00$ -$
EngCostEstimate Page 2 of 10 Effective Date: August 18, 2025
RESOLUTION NO 2025-029
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PL24-0151 OFF-SITE IMPROVEMENTS
LOCATION : Corporate Center Ave.
By: Fuscoe Enginering
DATE: 6/1/2026
Quantity Unit Item Unit Total Cost
Price Per Item
STREETS
3540 SF
Landscape (Including shrubs, Hardscape, Irrigation, Ground Cover, Lighting, Installation Labor and Connection to
Existing Systems) 17.00 $ 60,180.00 $
LF
14 foot Median with Landscape, Irrigation, Lighting,
Hardscape, Curb, Gutter & Pavement 330.00 $ - $ Rail Road Crossing
LS
Safety Equipment (Complete Including Crossing Gates,
Signs, and Lights) 550,000.00 $ - $
SF Track Crossing (Concrete) 193.00$ -$
SF Approach 4.40$ -$
EA S.W. Ramps (A.D.A. Compliant) 4,400.00$ -$
EA Traffic Signal Loops 660.00$ -$
STREETS
STREET SUBTOTAL 176,287.80 $
LS Mobilzation (5% of Construction Cost) 5% 8,814.39 $
LS Traffic Control (5% of Construction Cost) 5% 8,814.39$ LS Clear & Grub Site (5% of Construction Cost) 5% 8,814.39$ LS Excavation (Clean Material) (5% of Construction Cost) 5% 8,814.39 $ GRAND TOTAL STREETS ONLY 211,545.36 $
EngCostEstimate Page 3 of 10 Effective Date: August 18, 2025
RESOLUTION NO 2025-029
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PL24-0151 OFF-SITE IMPROVEMENTS
LOCATION : Corporate Center Ave.
By: Fuscoe Enginering
DATE: 6/1/2026
Quantity Unit Item Unit Total Cost
Price Per Item
WATER
LF Trench Support/Shoring (6 foot depth) 17.00$ -$ CY Pipe Bedding & Compaction (Imported) 99.00$ -$ LF
6" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration 88.00 $ - $ LF
8" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration. 110.00 $ - $ LF
12" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration 149.00 $ - $ LF
18" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration 193.00 $ - $ 175 LF Removal, Disposal of ACP and Backfill 165.00$ 28,875.00$ 2 EA 6" Gate Valve 2,200.00$ 4,400.00$
2 EA 8" Gate Valve 2,860.00$ 5,720.00$
EA 12" Gate Valve 4,950.00$ -$
EA 18" Gate Valve 8,250.00$ -$
1 EA Fire Hydrant Assembly per City Std. 8,250.00$ 8,250.00$ EA Blow-off Assembly 4" per City Std. 9,460.00$ -$ EA 2" Air Relief Assembly 4,950.00$ -$
1 EA 1" Water Service/Meter 3,850.00$ 3,850.00$ EA 2" Water Service/Meter 4,950.00$ -$
2 EA 6" Water Service/Meter 6,900.00$
2 EA 8" Fire Service Laterals 8,900.00$ 17,800.00$ 2 EA 8" DCDA 10,000.00$ 20,000.00$
1 EA 1" Backflow assembly 3,000.00 $ 3,000.00 $ WATER
WATER SUBTOTAL 91,895.00 $
LS Mobilzation (5% of Construction Cost) 5% 4,594.75 $
EngCostEstimate Page 4 of 10 Effective Date: August 18, 2025
RESOLUTION NO 2025-029
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PL24-0151 OFF-SITE IMPROVEMENTS
LOCATION : Corporate Center Ave.
By: Fuscoe Enginering
DATE: 6/1/2026
Quantity Unit Item Unit Total Cost
Price Per Item
LS Traffic Control (5% of Construction Cost) 5% 4,594.75 $ GRAND TOTAL WATER ONLY 101,084.50 $
RECYCLED WATER
LF Trench Support/Shoring (6 foot depth) 17.00$ -$ CY Pipe Bedding (Imported) 99.00$ -$
LF
6" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration 88.00 $ - $ LF
8" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration. 110.00 $ - $ LF
12" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration 149.00 $ - $ LF
18" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration 193.00 $ - $ EA 6" Gate Valve 2,200.00$ -$
EA 8" Gate Valve 2,860.00$ -$
EA 12" Gate Valve 4,950.00$ -$
EA 18" Gate Valve 8,250.00$ -$
EA Fire Hydrant Assembly per City Std. 8,250.00$ -$ EA Blow-off Assembly 5" per City Std. 9,460.00$ -$ EA 2" Air Relief Assembly 4,950.00$ -$
EA 1" Water Service/Meter 3,850.00$ -$
EA 2" Water Service/Meter 4,950.00$ -$
RECYCLED WATER
RECYCLED WATER SUBTOTAL - $
LS Mobilzation (5% of Construction Cost) 5% - $
EngCostEstimate Page 5 of 10 Effective Date: August 18, 2025
RESOLUTION NO 2025-029
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PL24-0151 OFF-SITE IMPROVEMENTS
LOCATION : Corporate Center Ave.
By: Fuscoe Enginering
DATE: 6/1/2026
Quantity Unit Item Unit Total Cost
Price Per Item
LS Traffic Control (5% of Construction Cost) 5% - $
GRAND TOTAL RECYCLED WATER ONLY - $
SEWER
27 LF Trench Support/Shoring 17.00$ 459.00$ LF
4" Installed, including excavation, bedding, backfill and pavement restoration $83.00 - $
27 LF
8" Installed, including excavation, bedding, backfill and pavement restoration $102.00 2,754.00 $
LF
10" Installed, including excavation, bedding, backfill and pavement restoration $113.00 - $
LF
12" Installed, including excavation, bedding, backfill and pavement restoration $135.00 - $
LF
15" Installed, including excavation, bedding, backfill and pavement restoration $157.00 - $
LF
18" Installed, including excavation, bedding, backfill and pavement restoration $179.00 - $
LF
21" Installed, including excavation, bedding, backfill and pavement restoration $212.00 - $
LF
24" Installed, including excavation, bedding, backfill and pavement restoration $229.00 - $
EA Sewer Saddle $495.00 -$
EA Wyes 4" x 8" Typical $248.00 -$
2 EA 48" Sewer Manhole $5,170.00 10,340.00$
EA 60" Sewer Manhole $8,250.00 -$
EA Sewer Cleanout $1,980.00 -$
1 EA 8" End of Line Plug 1,500.00$ 1,500.00$
SEWER
SEWER SUBTOTAL 15,053.00 $
LS Mobilization (5% of Construction Cost) 5% 752.65 $
EngCostEstimate Page 6 of 10 Effective Date: August 18, 2025
RESOLUTION NO 2025-029
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PL24-0151 OFF-SITE IMPROVEMENTS
LOCATION : Corporate Center Ave.
By: Fuscoe Enginering
DATE: 6/1/2026
Quantity Unit Item Unit Total Cost
Price Per Item
LS Traffic Control (5% of Construction Cost) 5% 752.65 $ GRAND TOTAL SEWER ONLY 16,558.30 $
STORM DRAIN
LF 24" X 36" C.M.P.A. (10 Gauge) 253.00$ -$ LF 27" x 43" C.M.P.A (10 Gauge) 275.00$ -$
1 EA Storm Drain Manhole #1 11,000.00$ 11,000.00$ EA Junction Structure #2 (24" or larger) 9,735.00$ -$ EA Junction Structure #4 (24" or smaller) 4,400.00$ -$ EA Outlet Structure 7,700.00$ -$
EA Catch Basin 3.5' Width 7,920.00$ -$
EA Catch Basin 7' Width/L.D. 8,690.00$ -$
EA Catch Basin 10' Width/L.D. 10,945.00$ -$
EA Catch Basin 14' Width/L.D. 12,100.00$ -$
EA Catch Basin 21' Width/L.D. 14,300.00$ -$
LF
18 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 220.00 $ - $ LF
24 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 264.00 $ - $ LF
27 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 286.00 $ - $ LF
30 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 308.00 $ - $ LF
33 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 325.00 $ - $ LF
36 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 341.00 $ - $ LF
39 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 352.00 $ - $ LF
42 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 363.00 $ - $ LF
45 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 396.00 $ - $ LF
48 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 424.00 $ - $ EngCostEstimate Page 7 of 10 Effective Date: August 18, 2025
RESOLUTION NO 2025-029
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PL24-0151 OFF-SITE IMPROVEMENTS
LOCATION : Corporate Center Ave.
By: Fuscoe Enginering
DATE: 6/1/2026
Quantity Unit Item Unit Total Cost
Price Per Item
LF
54 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 484.00 $ - $ LF
60 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 550.00 $ - $ 1 EA Storm Drain Vault 15,000.00 $ 15,000.00 $
STORM DRAIN
LF
66 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 616.00 $ - $ LF
72 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 688.00 $ - $ LF
78 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 759.00 $ - $ LF
84 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 842.00 $ - $ LF
90 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 913.00 $ - $ LF
96 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 1,012.00 $ - $ LF
102 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 1,100.00 $ - $ LF
108 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 1,183.00 $ - $ LF
7' x 6' RCB Installed, including excavation, bedding, backfill and pavement restoration 770.00 $ - $
LF
7' x 8.5' RCB Installed, including excavation, bedding, backfill and pavement restoration 902.00 $ - $ LF
7' x 9.5' RCB Installed, including excavation, bedding, backfill and pavement restoration 957.00 $ - $ LF
8' x 11' RCB Installed, including excavation, bedding, backfill and pavement restoration 1,100.00 $ - $
LF
8' x 13' RCB Installed, including excavation, bedding, backfill and pavement restoration 1,210.00 $ - $
LF
9' x 9' RCB Installed, including excavation, bedding, backfill and pavement restoration 1,100.00 $ - $
LF
9' x 12' RCB Installed, including excavation, bedding, backfill and pavement restoration 1,210.00 $ - $
38 LF
4' x 6' RCB Installed, including excavation, bedding, backfill and pavement restoration 748.00 $ 28,424.00 $
STORM DRAIN
STORM DRAIN SUBTOTAL 54,424.00 $
LS Mobilization (5% of Construction Cost) 5% 2,721.20 $ EngCostEstimate Page 8 of 10 Effective Date: August 18, 2025
RESOLUTION NO 2025-029
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PL24-0151 OFF-SITE IMPROVEMENTS
LOCATION : Corporate Center Ave.
By: Fuscoe Enginering
DATE: 6/1/2026
Quantity Unit Item Unit Total Cost
Price Per Item
LS Traffic Control (5% of Construction Cost) 5% 2,721.20 $ GRAND TOTAL STORM DRAIN ONLY 59,866.40 $
DIRECT COSTS GRAND TOTAL STREETS ONLY 211,545.36 $
GRAND TOTAL WATER ONLY 101,084.50 $
GRAND TOTAL RECYCLED WATER ONLY - $
GRAND TOTAL SEWER ONLY 16,558.30 $
GRAND TOTAL STORM DRAIN ONLY 59,866.40 $
GRAND TOTAL (FOR PLAN CHECK & INSPECTION FEE
DETERMINATION)
389,054.56 $
PROJECT ADDITIVES Project Contingencies 10% 38,905.46 $ Construction Staking 3% 11,671.64$
Soils Testing 1% 3,890.55$
Material Testing 1% 3,890.55$
Construction Inspection 4.8% 18,674.62$
Contract Administration 1% 3,890.55$
EngCostEstimate Page 9 of 10 Effective Date: August 18, 2025
RESOLUTION NO 2025-029
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PL24-0151 OFF-SITE IMPROVEMENTS
LOCATION : Corporate Center Ave.
By: Fuscoe Enginering
DATE: 6/1/2026
Quantity Unit Item Unit Total Cost
Price Per Item
GRAND TOTAL (FOR BOND AMOUNTS) 469,977.91 $
BY ENGINEER
Prepared By: Steve Ellis
R.C.E. Number: 47255
Expiration: 12/31/2027
Place R.C.E. Stamp and Signature Here (required)
BY CITY
Faithful Performance Bond (100% of Construction Cost) 470,000.00 $ Labor & Material Bond (50% of Construction Cost) 235,000.00 $ Warranty Bond (10% of Construction Cost) 47,000.00 $
EngCostEstimate Page 10 of 10 Effective Date: August 18, 2025
01225.0005/951268.1
RESOLUTION NO. PC2025-018
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CHINO, CAL IFORNIA, APPROVING PL24-0151 (SITE APPROVAL ) TO CONSTRUCT A 110-UNIT RESIDENTIAL RENTAL COMMUNITY
CONSISTING OF 14 THREE -STORY BUILDINGS AND A
RECREATION BUILDING ON 4.12 ADJUSTED GROSS ACRES AT A
DENSITY OF 26.7 DWELLING UNITS PER ACRE LOCATED WITHIN
THE AM (AUTO MALL ) LAND USE DESIGNATION OF THE
EUCALYPTUS BUSINESS PARK SPECIFIC PLAN WITHIN THE
AFFORDABLE HOUSING OVERLAY, LOCATED ON THE WEST SIDE
OF CORPORATE CENTER AVENUE, APPROXIMATELY 625 WEST
OF RAMONA AVENUE (APN: 1025-211-19).
WHEREAS, the Chino 2021-2029 Housing Element (Housing Element) update was adopted by the City Council on January 4, 2022, with revisions to the Housing Element being adopted in December 2024. The Housing Element established an Affordable Housing Overlay (AHO) and Mixed Use Overlay (MUO) on sites throughout the City that had been identified during the drafting of the Housing Element as a strategy for meeting the City’s Regional Housing Need As sessment (RHNA) numbers. Housing sites within both overlays allow for residential development of up to 30 dwelling units per acre (du/ac) provided that projects provide affordable housing for low to very low income households; and
WHEREAS, BCT Dev Acquisition Co., LLC (the “Applicant”), filed an preliminary application with the City of Chino (the “City”) on June 27, 2024 and subsequently filed an application on December 19, 2024 for approval of PL2 4-0151 (Site Approval) (the “Project”) to construct a 110-unit residential rental community consisting of 14 three-story buildings and a recreation building on 4.12 adjusted gross acres of land at a density of
26.7 dwelling units per acre within the AM (Auto Mall ) land use designation of the Eucalyptus Business Park Specific Plan within the Affordable Housing Overlay. The project is located on the west side of Corporate Center Avenue , approximately 625 feet west of Ramona Avenue (APN: 1025-211-19); and
WHEREAS, in compliance with the California Environmental Quality Act (CEQA), an Addendum to The Eucalyptus Business Park Specific Plan EIR, SCH#89070310 for Site Approval (PL24-0151), dated July 2025, has been prepared for the Project by Harris & Associates; and
WHEREAS, the Planning Commission of the City of Chino has completed its study of the proposed Project; and
WHEREAS, on August 20, 2025, the Planning Commission held a duly noticed public hearing for the Project in compliance with law, including compliance with the relevant provisions of the California Government Code and Chino Municipal Code, entertained the written and oral report of staff, and took public testimony on the Project.
RESOLUTION NO. PC2025-018
01225.0005/951268.1
NOW, THEREFORE, the Planning Commission of the City of Chino, California, does hereby FIND, DETERMINE, and RESOLVE as follows:
A. The foregoing recitals are true and correct and incorporated herein.
B. Based on substantial evidence, both written and oral, from the public hearing, the Planning Commission makes the following findings and takes the following actions on PL24-0151 (Site Approval):
1. PL24-0151 (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) , as General Plan Goal LU -1 aims to enhance livability in the City, with Objective LU- 1.1 encouraging a variety of housing types that meet the housing needs of residents of all income levels in Chino. Further, the Project is a proposal for a 110-unit rental community located within the Affordable Housing Overlay (AHO) within the Eucalyptus Business Park Specific Plan (EBPSP) and has been designed to m eet applicable development standards and design guidelines;
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 site is located within the AHO, which allows for residential projects with affordable units. The proposed Project is for the development of 14 three-story buildings, with 110 units, totaling 225,302 square feet on
4.12 adjusted gross acres of land at a density of 26.7 units per acre, and offering 10 percent of low-income units, which is permitted per the AHO.
The Project complies with development standards, with the exception of the requested waivers pursuant to State Density Bonus Law (SDBL) in the AHO ordinance;
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 proposed residential development is consistent with development standards in the AHO ordinance and with the development guidelines and standards of the City’s Zoning Code , with the exception of specified deviations from standards, or waivers, as is permitted by SDBL.
Additionally, the appropriate infrastructure and public improvements are conditioned to be constructed with the development;
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 RESOLUTION NO. PC2025-018
01225.0005/951268.1
quantity of traffic generated by the proposed Project, in that the Project site will have direct access from Corporate Center Avenue and is within close proximity to Ramona Avenue and Chino Hills Parkway, and State Route 71, all of which have been designed to carry the type of traffic visiting the site;
e. The proposed Project is compatible with those on abutting properties and in the surrounding neighborhood, in that the Project is for a 110-unit rental community consisting of 14 buildings surrounded by State Route 71 to the west, a hotel to the north, automotive uses to the east, and a car dealership to the south. The Project will have no significant negative light, noise, and aesthetic impacts, as the buildings have been designed to meet all development and design guidelines of the AHO;
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 residential use is consistent with th e AHO . 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 Eucalyptus Business Park Specific Plan EIR (SCH#89070310), 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; 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. CEQA Findings. An Addendum to the Eucalyptus Business Park Specific Plan EIR (SCH#89070310), has been prepared by Harris & Associate for this P roject 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 act ivity 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.
EXHIBIT A
DEPARTMENTAL
CONDITIONS OF APPROVAL
DATE: August 20, 2025
PROJECT FILE NO.: PL24-0151 (Site Approval)
LOCATION: West side of Corporate Center Avenue, approximately 625 feet west of Ramona Avenue (APN: 1025-211-29).
APPLICANT: BCT Dev. Acquisition Co., 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
[X] Public Works – Engineering Division
[X] Chino Valley Independent Fire District
[X] Police Department
[ ] Finance Department
[ ] Community Services
DEVELOPMENT SERVICES DEPARTMENT
PLANNING DIVISION CONDITIONS OF APPROVAL
DATE: August 20, 2025
PROJECT FILE NO.: PL24-0151 (Site Approval)
LOCATION: West side of Corporate Center Avenue, approximately 625 feet west of Ramona Avenue (APN: 1025-211-29)
APPLICANT: BCT Dev. Acquisition Co., LLC
1.0 TIME LIMITS:
1.1. Project approval shall expire on August 20, 2026, if building permits are not obtained. The expiration date may be extended upon written request by the applicant on a City application form. The request must be received by the Director of Development Services at least 30 days prior to expiration of the application.
2.0 GENERAL REQUIREMENTS:
2.1. Failure to comply with any conditions of approval shall be deemed just cause for revocation of project approval by the Planning Commission.
2.2. The project shall proceed only in accordance with approved plans on file with the Development Services Department, the conditions contained herein and the Chino Municipal Code.
2.3. Approval of this request shall not waive compliance with all sections of the Chino Municipal Code, all other applicable City ordinances, and applicable specific plans.
2.4. Pursuant to Government Code Section 66020, the applicant is informed that the 90- day period in which the applicant may protest the fees, dedications, reservation or other exaction imposed on this project through the conditions of approval has begun.
2.5. In the event that any condition contained herein is determined to be invalid or legally unenforceable, then all remaining conditions shall remain in force.
DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION
CONDITIONS OF APPROVAL
FILE NO.: PL24-0151 (Site Approval) and PL24-0076 (SB330) DATE: August 20, 2025
2.6. In the event that any condition imposing a fee, exaction, dedication, or other mitigation measure is challenged by the project sponsors and/or other parties in an action filed in a court of law, which action is brought within the time period provided for by law, this approval shall be suspended pending dismissal of such action, the expiration of the limitation period applicable to such action, or final resolution of such action. If any condition is invalidated by a court of law, the applicable section of the entire project shall be reviewed by the City and substitute conditions may be imposed.
2.7. 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.
2.8. The City of Chino has an exclusive contract with Waste Management for all solid waste collection and hauling services within the City. The applicant shall be responsible for making arrangements with Waste Management for disposal of any/all construction debris or trash generated as a result of this permit. Waste Management can be reached at 1- 800 423-9986.
3.0 PRIOR TO THE ISSUANCE OF A BUILDING AND/OR GRADING PERMIT:
3.1. The developer shall pay development impact fees at the established rate, pursuant to Government Code Section 66007, the applicant shall make payment of fees at the time of impact. Additionally, all applicable fees shall comply with the fee protections established under the Senate Bill No. 330.
Such fees may include, but not be limited to, new construction fee, park or
DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION
CONDITIONS OF APPROVAL
FILE NO.: PL24-0151 (Site Approval) and PL24-0076 (SB330) DATE: August 20, 2025
open space fees, school fees, drainage fees, sewer fees, building permit and plan check fees.
3.2. 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 . Project approval shall not be complete until the required fee(s) is (are) paid:
[X] $50 for the Notice of Determination filing fee.
[ ] $50 for the Notice of Exemption filing fee.
[ ] $2,548.00 for the California Department of Fish and Wildlife Mitigated Negative Declaration fee.
[ ] $3,539.25 for the California Department of Fish and Wildlife Environmental Impact Report fee.
3.3. 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 the changes will be substantial, approval from the Planning Commission will be required.
3.4. As a condition for the approval of a density bonus and additional incentive or incentives and consistent with the requirements of Chino Zoning Code section 20.14.040, the applicant shall agree to enter into a density bonus agreement with the City in a form approved by the City Attorney and consistent with the requirements of Government Code section 65915 and other applicable state law. The City Manager is authorized to execute the density bonus agreement on behalf of the City. The executed density bonus agreement shall be recorded on the parcel or parcels designated for the construction of qualifying units, or donated for the purpose of constructing qualifying units. The approval and recordation shall occur prior to building permits . The density bonus agreement shall be binding upon all future owners and successors in interest.
3.5. Since the project is utilizing the Affordable Housing Overlay component, the applicant shall enter into an Affordable Housing Overlay agreement with the City in a form approved by the City Attorney. This agreement may be combined with the density bonus agreement in the discretion of the City Attorney.
DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION
CONDITIONS OF APPROVAL
FILE NO.: PL24-0151 (Site Approval) and PL24-0076 (SB330) DATE: August 20, 2025
3.6. All fees, including City Attorney fees, associated with drafting and negotiating the density bonus agreement and Affordable Housing Overlay agreement shall be paid by the developer.
3.7. Revised plans, incorporating all conditions of approval, shall be submitted for review and approval by the Director of Development Services.
3.8. All plans shall be coordinated for consistency.
3.9. The developer shall submit two sets of structural plans/construction documents. Said plans shall include one set of structural calculations, one set of Title 24 energy calculations, and one soils report. The developer shall also submit the above documents in digital format to the Building Division once approved.
3.10. A construction- phasing plan shall be submitted to and approved by the Deputy Director of Development Services prior to building permit issuance. This plan shall show which homes 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.
3.11. A construction management plan shall be submitted for review and approval by the Director of Development Services . The plan shall coordinate and address construction activities that may impact residents and/or surrounding businesses on site and in adjacent areas. Elements of the plan would contain, but not be limited to, the following:
a. Routing of construction equipment
b. Hours of operation
c. Dust control
d. Vector control
e. Vehicle, equipment, and personnel staging
f. Pre-construction meetings
g. Contractor/subcontractor acknowledgement, obligations, and penalties
h. Traffic control and coordination
i. Security and interim fencing
j. Signs posted on the site with a contact number for the job site 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.
DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION
CONDITIONS OF APPROVAL
FILE NO.: PL24-0151 (Site Approval) and PL24-0076 (SB330) DATE: August 20, 2025
3.12. A precise wall plan indicating the design, location and construction details of all walls and fences shall be submitted for review and approval by the Planning and Building Divisions. All perimeter and street -facing walls, including retaining walls, shall be decorative in nature.
3.13. Prior to the issuance of any grading permit, four (4) sets of 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 five (5) sets of plans shall be submitted, and 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.
3.14. All ground- mounted utilities, including but not limited to cable television facilities, and telephone/fiber optic facilities, shall be undergrounded.
Equipment that that is not placed underground such as SCE transformers, backflow prevention devices, irrigation valves and controllers used for common landscape areas shall be placed in areas out of public view and sufficiently screened. The location and method of screening of said utilities shall be reflected in a plan and shall be subject to the review and approval by the Director of Development Services.
3.15. All electrical panels and cabinets shall be completely screened to the best extent possible with a combination of landscape and/or berming. 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.
3.16. 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
DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION
CONDITIONS OF APPROVAL
FILE NO.: PL24-0151 (Site Approval) and PL24-0076 (SB330) DATE: August 20, 2025
according to the plans approved by the Planning Commission on August 20, 2025, as prepared by BCT Dev. Acquisition Co., LLC . 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.
3.17. Upon submittal of construction drawings to the Building Division for plan check review, all departmental conditions of approval for the project shall be included on the sheet following the title sheet, or the first sheet of the plans. A site plan shall also be attached to all sets of construction drawings. This condition shall be a minimum requirement for acceptance of construction drawings for the Building plan check review.
3.18. Prior to the issuance of any grading permit, a landscape plan shall be submitted to the Planning Division for review. 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.
3.19. Mailboxes shall not interfere with free ingress or egress to the project site.
The applicant shall contact the U.S. Postal Service to determine the appropriate type and location of mailboxes. The location and design of mailbox standards shall be indicated on the required landscape and irrigation plans. The design of the mailboxes shall be subject to the review and approval of the Director of Development Services.
3.20. Special Conditions:
3.20.1. A Water Quality Management Plan shall be prepared in accordance with County of San Bernardino requirements and submitted for review and approval by the City.
3.20.2. Where direct views into second- story windows of adjacent units occur, the applicant shall minimize conflicting views of adjacent units by providing smaller and/or higher windows for one of the units to create privacy for the adjacent units. Windows shall not be removed unless approved by the Planning Division but shall still remain wherever possible to allow natural light into the affected units. Final window sizes and locations shall be approved by the Planning Division and shall be analyzed at the plan check level.
3.20.3. Approval of the conceptual landscape plan by the Planning Commission does not constitute final approval. The final landscape approval (during the plan check process and/or
DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION
CONDITIONS OF APPROVAL
FILE NO.: PL24-0151 (Site Approval) and PL24-0076 (SB330) DATE: August 20, 2025
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.
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 subcontractors prior to start of construction.
4.2. The approved construction management plan shall be distributed to all contractors and subcontractors and shall be maintained on- site through the duration of construction.
4.3. 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.
5.0 PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY:
5.1. Detailed landscape and irrigation plans for the development shall be approved by the Director of Development Services . The fee for review of these plans by the City’s outside plan checker shall be paid by the developer, including the City’s Landscape & Irrigation Plan Review Fee.
5.2. All landscaping and irrigation shall be installed in accordance with plans on file with the Development Services Department, and irrigation systems fully operational. Furthermore, all landscaped areas shall be free of trash and debris.
5.3. 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 DEPARTMENT PLANNING DIVISION
CONDITIONS OF APPROVAL
FILE NO.: PL24-0151 (Site Approval) and PL24-0076 (SB330) DATE: August 20, 2025
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.
5.4. 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.
5.5. 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.
5.6. A 6-foot-high decorative masonry block wall shall be constructed along the perimeter of the project. Furthermore, a 6- foot-high decorative masonry block wall shall be installed along all interior rear and side property lines, with appropriate gates. All gates shall utilize decorative materials to tie in with the architecture of the adjacent unit and shall be steel -framed with a seal coat to protect against weather depreciation.
5.7. All residential units shall have Category 5e wiring or similar data- transfer/network wiring system installed throughout the unit, including the kitchen, bedrooms, and office/tech centers.
5.8. 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.
5.9. Air conditioning condenser units shall be placed on side or rear yard areas or on roofs so as to not impact access to the rear yard area. Landscaping
DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION
CONDITIONS OF APPROVAL
FILE NO.: PL24-0151 (Site Approval) and PL24-0076 (SB330) DATE: August 20, 2025
shall be designed and installed so as to not restrict access to gated side yard areas, and concrete pads or similar hard surface shall be installed to facilitate the movement of trash receptacles.
6.0 ENVIRONMENTAL REQUIREMENTS & MITIGATION MEASURES:
6.1. Comply with all mitigation measures identified in the Mitigation Monitoring Program contained within Addendum to the Program Environmental Impact Report for the Eucalyptus Business Park Specific Plan (SCH#1989070310) for the 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.
6.2. A preconstruction survey shall be conducted no more than 72 hours prior to ground disturbance including clearing, grubbing or grading of the site to ensure that no burrowing owls are occupying the project area.
7.0 OTHER REQUIREMENTS:
7.1. The project site shall be cleared of all trash, debris, weeds, and other discarded items within 2 weeks of Planning Commission approval, or as determined by the Director of Development Services. 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.
7.2. All signs, including subdivision and/or realty signs proposed for this development shall be designed to conform to the Sign Ordinance and shall require separate application and approval by the Planning and Building Divisions prior to installation.
7.3. All building drainage gutters, down spouts, 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.
7.4. Any revision to plotting and/or elevation changes for residential projects shall be subject to review and approval by the Director of Development Services. If the proposed revisions are substantial , then the Director may require that the Planning Commission review and approve them. To ensure that the appropriate variation of units is maintained, the applicant shall, at a minimum, submit a revised colored site plan, a table identifying the revised unit count, and an exhibit showing the revised streetscene(s).
DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION
CONDITIONS OF APPROVAL
FILE NO.: PL24-0151 (Site Approval) and PL24-0076 (SB330) DATE: August 20, 2025
Additional information may be required depending on the nature of the changes.
7.5. The recreation center shall be fully constructed prior to occupancy of any residential unit within the project area. A 30 -day time extension may be permitted subject to approval by the Director of Development Services.
7.6. Special Conditions:
7.6.1. Prior to the first building permit issuance, t he applicant shall pay the fee for the Eucalyptus Business Park Specific Plan (EBPSP) Art in Public Places Program. Required fees are 0.1% of building valuation. Building valuation shall be based on the total building(s) valuation as computed using the latest Building Valuation Data as set forth by the International Conference of Building Officials (ICBO).
7.6.2. 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.
7.6.3. 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. All landscaping shall be designed and installed in accordance with Chapter 20.19 of the Chino Municipal Code.
7.6.5. Stone, brick, and other masonry veneers, where used, shall be applied to within four inches of the finished grade.
DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION
CONDITIONS OF APPROVAL
FILE NO.: PL24-0151 (Site Approval) and PL24-0076 (SB330) DATE: August 20, 2025
7.7. All new residential development shall comply with the mandatory measures contained in Chapter 4 of the California Green Building Code and the selected voluntary measure contained in Appendix A4 and identified in Section 15.45.030 (Residential Development) of the Chino Municipal Code.
7.8. 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 Services to demonstrate the required GHG reductions consistent with the City's CAP.
8.0 CONSTRUCTION SITE SECRURITY:
8.1. Each site shall be completely encircled by a minimum 6’ tall security - quality 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.
DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION
CONDITIONS OF APPROVAL
FILE NO.: PL24-0151 (Site Approval) and PL24-0076 (SB330) DATE: August 20, 2025
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 " le tters. 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:
a. Providing his/her name and 24- hour telephone access number to the Chino Police Department.
b. Have available at all times the names and 24-hour contact numbers for all subcontractors.
c. Have the authority to speak for the development/owners on matters concerning trespassing and other criminal matters.
d. Complete routine fence inspections and arrange for prompt repairs or removal of any damage, graffiti, or loose screening. e. Ensure that no work or maintenance of construction equipment is being performed on the site between 8 p.m. and 7 a.m.
DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION
CONDITIONS OF APPROVAL
FILE NO.: PL24-0151 (Site Approval) and PL24-0076 (SB330) DATE: August 20, 2025
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.
Exhibit A: Mitigation Monitoring Program
1 14892 CORPORATE CENTER AVENUE/EUCALYPTUS BUSINESS PARK SPECIFIC PLAN ADDENDUM
MITIGATION MONITORING PROGRAM
Terms and Definitions:
1. Property Owner/Developer – BCT Dev. Acquisition Co., LLC
2. Environmental Equivalent/Timing – Any Mitigation Measure and timing thereof, subject to the approval of the City of Chino, which will have the same or superior result and will have the same or superior effect on the environment. The Development Services Department, in conjunction with any appropriate agencies or City departments, shall determine the adequacy of any proposed “environmental equivalent/timing” and, if determined necessary, may refer said determination to the Planning Commission. Any costs associated with information required in order to make a determina tion of environmental equivalency/timing shall be borne by the property owner/developer. Staff time for reviews will be charged on a time and materials basis at the rate in the City’s adopted fee schedule.
3. Timing – This is the point where a mitigation measure must be monitored for compliance. In the case where multiple action items are indicated, it is the first point where compliance associated with the mitigation measure must be monitored. Once the initial action item has been complied with, no additional monitoring pursuant to the Mitigation Monitoring Program will occur because routine City practices and pr ocedures will ensure that the intent of the measure has been complied with. For example, if the timing is “to be shown on approved building plans” subsequent to issuance of the building permit consistent with the approved plans will be final building and zoning inspections pursuant to the building permit to ensure compliance.
4. Responsibility for Monitoring – Shall mean that compliance with the subject mitigation measure(s) shall be reviewed and determined adequate by all departments listed for each mitigation measure.
5. Ongoing Mitigation Measures – The mitigation measures that are designated to occur on an ongoing basis as part of this mitigation monitoring program will be monitored in the form of an annual letter from the property owner/developer in January of each year stating h ow compliance with the subject measures(s) has been achieved. When compliance with a measure has been demonstrated for a period of one year, monitoring of the measure will be deemed to be satisfied and no further monitoring will occur. For measur es that are to be monitored “Ongoing During Construction,” the annual letter will review those measures only while construction is occurring. Monitoring will be discontinued after construction is completed.
6. Building Permit – For purposes of this mitigation monitoring program, a building permit shall be defined as any permit issued for construction of a new building or structural expansion or modification of any existing building but shall not include any permits required for interior tenant improvements or minor additions to an existing structure or building.
The following mitigation measures from the Certified Eucalyptus Business Park Specific Plan EIR are applicable to the Proposed Project to address environmental impacts. Where appropriate, italicized parentheticals are used to provide additional information and clarification regarding the implementation of a particular measure’s requirements or the reason the measure is no longer applicable. 2 Timing Mitigation Measure Responsible for Monitoring Completion
AIR QUALITY
N/A MM AQ-1 The City will include a standard condition on all grading plans and map approvals regarding dust control. This condition will help include but is not limited to regularly watering uncovered soil at least twice a day (late morning and after work) to form a crust on the surface, by paving dirt streets and roads, and by implementing other dust prevention measures outlined in the Air Quality Management District Rule Number 403.
(This measure is superseded by regulatory compliance with SCAQMD Rule 403, which establishes watering and dust -prevention measures and standards. No further action or reporting is required pursuant to this measure.)
N/A
N/A MM AQ-2 Employers must meet the requirements of the Transportation Demand Management (TDM) Program contained in the Specific Plan. The TDM Program encourages alternative transportation such as bicycling or busses, and aims at reducing employee home- to-work mileage by offering incentives for carpooling, ride sharing, and other measures.
(This measure does not apply to the Proposed Project as the Proposed Project does not include any employee-producing uses on site as it is a residential project compared to the previously approved project which was designated for Office Commercial and Auto Mall uses. No further action or reporting is required pursuant to this measure.) N/A
N/A MM AQ-3 Bus stops will be provided at locations approved by Omnitrans so as to be convenient employees of the site, and shall encourage the extension of bus service into the interior of the project site as it is developed.
(This measure does not apply to the Proposed Project as the Proposed Project does not include any employee-producing uses on site as it is a residential project compared to the previously approved project which was designated for Office Commercial and Auto Mall uses. No further action or reporting is required pursuant to this measure.) N/A
N/A MM AQ-4 Bicycle racks or similar facilities shall be provided as per the TDM Program to encourage the use of bicycles.
(These improvements have been incorporated into the project design, see Section 3.2, Project Description and Figure 3, Site Plan. No further action or reporting is required pursuant to this measure.)
N/A
N/A MM AQ-5 Sidewalks and street lights shall be installed and maintained to encourage pedestrian travel within the site.
(These improvements have been incorporated into the project design, see Section 3.2, Project Description and Figure 4, Conceptual Landscape Plan and Figure 5, Pedestrian Access Plan. No further action or reporting is required pursuant to this measure.) N/A
3 Timing Mitigation Measure Responsible for Monitoring Completion N/A MM AQ-6 Mitigation measures aimed at towards reducing the consumption of utility services, and thus minimizing pollution emissions from stationary sources, are included In the Utilities section of this document.
(This mitigation measure is superseded by regulatory compliance with SCAQMD’s rules and regulations, including stationary and mobile source control measures set forth in the adopted Air Quality Management Plan. No further action or reporting is required pursuant to this measure.)
N/A
BIOLOGICAL RESOURCES
N/A MM BIO-1 Implementation of the Landscape Concept Plan of the specific plan will help reduce potential impacts to raptors, new developments will install native or local species of trees to provide future raptor perches. Landscaping materials will eventually support wildlife, primarily songbirds, or other opportunistic species that can tolerate proximity to human activity.
(An updated landscape plan has been prepared for the Proposed Project. Additionally, these improvements have been incorporated into the project design, see Section 3.2, Project Description and Figure 4 , Conceptual Landscape Plan. No further action or reporting is required pursuant to this measure.)
N/A
N/A MM BIO-2 The design of the two flood control channels will include biological easements to help prevent impacts to the Burrowing Owls and other raptors onsite. A combination flood control/biological consideration easement will be set aside along the San Antonio Channel (See Figure 16). Provision of the easements will not directly affect the channel. This area will be bermed to provide additional flood control capacity and to help protect the habitat of the Burrowing Owl. The biological consultant has indicated that this proposed plan will provide adequate mitigation for the Burrowing Owl. This conservation easement area will be approved by the County Flood Control District and the California Department of Fish and Game prior to the issuance of any occupancy permits.
(The biological easement is not within the boundaries of the Project Site. This measure does not apply to the Proposed Project. No further action or reporting is required pursuant to this measure.)
N/A
4 Timing Mitigation Measure Responsible for Monitoring Completion Prior to issuance of
grading permit
MM BIO-3 Affected future developers shall retain a qualified biologist to help plan and monitor construction in or near the flood control/biological easement land. The biologist will submit a report on the easement areas each year for three (3) years to the City Planning Department on the status of the Burrowing Owls. Prior to issuance of grading permit, the applicant shall submit a protocol Burrowing Owl Survey to the City Planning Department. If burrowing owls or their sign is found on the project site, then consultation with CDFW must be initiated as per the 2012 Staff Report on Burrowing Owl Mitigation. The project must adhere to any mitigation methods set forth by CDFW. If no burrowing owls or burrowing owl sign is found during the surveys, then a burrowing owl clearance survey shall be conducted before any ground- disturbing activities in accordance with the California Department of Fish and Wildlife 2012 Staff Report on Burrowing Owl Mitigation. [This mitigation measure has been revised to reflect adoption of the California Department of Fish and Wildlife 2012 Staff Report on Burrowing Owl Mitigation, which occurred after certification of the original EIR. The mitigation measure, as revised, is a minor technical change, is more effective than the original mitigation measure and does not result in any new significant impacts. Therefore, this change does not result in any of the conditions set forth in CEQA Guidelines Section 15162.].
Project Applicant and Qualified
Biologist
N/A MM BIO-4 Affected future developers will negotiate with the Edison Company to provide a portion of the power corridor to be used as a conservation easement. This easement will allow the land to remain undeveloped and continue to provide forage for plants and animals t hat in t urn support the wildlife along the flood control channels (including the Burrowing Owl and other raptors).
(The Southern California Edison Easement is not within the boundaries of the Project Site.
This measure does not apply to the Proposed Project. No further action or reporting is required pursuant to this measure.)
N/A
GEOLOGY AND SOILS
N/A MM GEO-1 Future developments shall acquire a Department of Army permit if the San Antonio Channel is affected by the particular project.
(The San Antonio Channel is not within the boundaries of the Project Site. This measure does not apply to the Proposed Project. No further action or reporting is required pursuant to this measure.)
N/A
Prior to issuance of
grading permit
MM GEO-2 Applicants for individual development projects shall prepare geotechnical reports to the City of Chino to determine the appropriate design of buildings, footings, foundations, etc., prior to issuance of a grading permit.
Development Services Director &
City Engineer
Prior to issuance of
building permit
MM GEO-3 All building plans shall be prepared and stamped by a qualified engineer to assure that new buildings will be constructed in conformance with the Uniform Building Code, specifically those standards pertaining to earthquake damage reduction.
Development Services
Director & City Engineer
Prior to issuance of
building permit
MM GEO-4 If determined necessary by the City, the applicant shall submit an analysis of potential seismic effects onsite, including estimated values of peak ground motion, in accordance with accepted engineering standards.
Development Services
Director & City Engineer
5 Timing Mitigation Measure Responsible for Monitoring Completion Prior to issuance of
grading permit
MM GEO-5 In order to fully evaluate potential liquefaction hazard, as well as the possibility of seismicity induced settlement and ground lurching, applicants for individual development projects shall precisely locate the water table and collect soil samples so that the potential for seismic settling can be taken into account in project design, prior to issuance of grading permit. In addition, a Standard Penetration Test sampling of potentially liquefiable soils will also be conducted.
Development Services
Director & City Engineer
Prior to issuance of
grading permit
MM GEO-6 The project engineers for individual projects within the specific plan area shall prepare grading plans to determine the cut and fill ratio required to minimize the amount of imported or exported soil needed.
Development Services
Director & City Engineer
Prior to issuance of
grading permit
MM GEO-7 The nature and extent of suitable onsite alluvial materials shall be further examined as part of future geotechnical investigations for individual projects prior to issuance of grading permits.
Development Services
Director & City Engineer
Prior to issuance of
grading permit and during
construction
MM GEO-8 To mitigate the potential settlement of compressible soils, these materials shall either be removed prior to fill placement or compacted in place.
Development Services
Director & City Engineer
Prior to issuance of
grading permit and during
construction
MM GEO-9 Individual project applicants and their contractors shall comply with all applicable provisions of the City’s construction standards and guidelines.
Development Services
Director & City Engineer
Prior to issuance of
grading permit
MM GEO-10 Future developments shall prepare foundation studies to determine if their particular project is located on soils characterized with sufficient bearing strength.
Development Services
Director & City Engineer
During construction MM GEO-11 Individual project applicants shall, to the satisfaction of the City, implement measures to minimize project erosion during the construction phase. Erosion control measures include, but are not limited to the following:
• Place sandbags around the perimeter of the site prior to initial grading if grading is to be undertaken during the rainy season.
• Minimize the length of time soils lay exposed.
• Water down all exposed soils periodically.
• Revegetate grading areas under the direction of a licensed landscape architect.
Development Services
Director & City Engineer
HAZARDS AND HAZARDOUS MATERIALS
N/A MM HAZ-1 Prior to issuance of a business license, individual businesses, with the exception of office uses, shall provide the Chino Rural Fire Protection District with an inventory of all hazardous materials and substances used at the site, a description of where and how each is stored, and how each business will react in a fire. This inventory shall be updated every three (3) months.
(This measure does not apply to the Proposed Project as the Proposed Project does not include or proposed any businesses on site as it is a residential project compared to the previously approved project which was designated for Office Commercial and Auto Mall uses. No further action or reporting is required pursuant to this measure.) N/A
6 Timing Mitigation Measure Responsible for Monitoring Completion N/A MM HAZ-2 Prior to issuance of a business license, individual businesses, with the exception of office uses, shall submit for the review and approval by the City Planning and Engineering Divisions and the Chino Rural Fire Protection District, a Hazardous Materials and Waste Management Plan. The plan shall provide for the use of the best available technology within the production process. The plan shall also describe proposed methods for source reduction, treatment, handling, transportation, and disposal of potential hazardous substances, including emergency response and employee training procedures.
Businesses shall submit another Hazardous Materials and Waste Management Plan if and when other materials are handled in the future.
(This measure does not apply to the Proposed Project as the Proposed Project does not include or proposed any businesses on site as it is a residential project compared to the previously approved project which was designated for Office Commercial and Auto Mall uses. No further action or reporting is required pursuant to this measure.) N/A
N/A MM HAZ-3 Placards and other appropriate signage shall be maintained in oil uses indicating the storage location of any hazardous substance.
(This measure is superseded by regulatory compliance. Adherence to existing hazardous materials regulations would ensure compliance with existing safety standards related to hazardous materials, and the safety procedures mandated by applicable federal, state, and local laws and regulations (RCRA, California H azardous Waste Control Law, and principles prescribed by the California Department of Health Services, Centers for Disease Control and Prevention, and National Institutes of Health. Additionally, the Pr oposed Project does contain any oil uses on site. No further action or reporting is required pursuant to this measure.)
N/A
LAND USE
N/A MM LU-1 Buildout of the project shall be phased so as to ensure the orderly transition of land out of dairy use by permitting existing agricultural land uses to remain as desired by the owners.
(The Project Site does not currently contain any dairy or agricultural uses. It is currently vacant.
This measure no longer applies. No further action or reporting is required pursuant to this measure.)
N/A
7 Timing Mitigation Measure Responsible for Monitoring Completion N/A MM LU-2 All future project designs shall be required to conform with design and construction standards set forth in the Eucalyptus Business Park Specific Plan, Chino General Plan, Zoning Ordinance and all applicable regulatory mechanisms.
(This measure is superseded by regulatory compliance. Compliance with the Eucalyptus Business Park Specific Plan, the Chino General Plan, the City Zoning Ordinance, and other applicable regulatory mechanisms is a mandatory condition of project approval, All f uture project designs are already subject to these requirements through the City’s standard planning, zoning, and building permit processes. No further action or reporting is required pursuant to this measure.)
N/A
N/A MM LU-3 The City will coordinate with Omnitrans regarding transit service to the project area, this including possible provision of a private shuttle service.
(This mitigation measure has been satisfied. Omnitrans local bus Route 88 currently operates at the closest bus stop (approximately 1.5 miles) from the Project Site, at the intersection of Pipeline Avenue/Edison Avenue. No further action or reporting is required pursuant to this measure.)
N/A
N/A MM LU-4 For specific mitigation measures related to issues such as grading biological resources, transportation, public services and utilities, etc., refer to appropriate sections in this EIR.
(This mitigation measure does not contain any specific mitigation but instead refers to other mitigation measures and their respective sections. Please refer to the respective sections to see their applicability or lack thereof. No further action or reporting is required pursuant to this measure.)
N/A
PUBLIC SERVICES
Fire Protection
N/A MM PS-1 All future developments shall be reviewed and approved by the City Development Review Committee. The committee shall determine specific impacts of each development. At a minimum, the committee shall consider projected increase in fire flow; determine the location, type, and quantity of onsite fire hydrants; determine the appropriate location of fire lanes and access ways; and determine the width of access ways. The committee shall also recommend mitigation measures regarding required improvements. These mitigation measures shall be considered as conditions of approval for project entitlements.
(This mitigation measure is superseded by regulatory compliance as review of all future developments by the City’s Development Review Committee — including fire flow analysis, hydrant placement, emergency access, and related mitigation recommendations — is already a standard part of the project entitlement and permitting process. These elements are also governed by applicable provisions of the California Fire Code and the City of Chino’s Municipal Code and development standards. No further action or report ing is required pursuant to this measure.)
N/A
8 Timing Mitigation Measure Responsible for Monitoring Completion N/A MM PS-2 Developers of individual projects shall pay appropriate County and City fees to help offset costs of construction of new facilities which will serve the site. If required by the Fire Marshall, fees would also be assessed for purchase of a fire truck with hook and ladder capabilities.
(This mitigation measure is superseded by regulatory compliance as developers are required by law to pay applicable City and County development impact fees, including fees for fire protection facilities and equipment as determined necessary by the Fire Marshal. These fees are collected during the entitlement or building permit process and are codified in local ordinances and fee schedules. No further action or reporting is required pursuant to this measure.)
N/A
N/A MM PS-3 Developers of structures 7,500 s.f. or larger shall provide for fire safety sprinkler systems in accordance with the City's Sprinkler Ordinance.
(This mitigation measure is superseded by regulatory compliance, specifically compliance with Section 15.04.050, Section 903.2 Amended, Automatic Sprinkler Systems. No further action or reporting is required pursuant to this measure.)
N/A
N/A MM PS-4 All water mains and hydrants shall be constructed in accordance with all applicable City standards and guidelines.
(This mitigation measure is superseded by regulatory compliance as the design and construction of all water mains and hydrants are already subject to mandatory compliance with applicable City standards and guidelines. These requirements are enforced through the City’s engineering plan check, permitting, and inspection processes. No further action or reporting is required pursuant to this measure.)
N/A
Police Protection
N/A MM PS-5 All future developments shall be reviewed and approved by the City's Development Review Committee. The committee shall determine if additional personnel and facilities are required to service the development being proposed. The committee shall recommend measures to mitigate impacts. These mitigation measures shall be considered as conditions of approval for project entitlements.
(This mitigation measure is superseded by regulatory compliance as the review of future developments by the City’s Development Review Committee, including assessment of required personnel and facilities and the imposition of conditions of approval to miti gate impacts, is a routine and mandatory part of the City’s entitlement and permitting process. No further action or reporting is required pursuant to this measure.) N/A
9 Timing Mitigation Measure Responsible for Monitoring Completion N/A MM PS-6 The site plan and development standards for future developments shall. include adequate emergency access and circulation throughout the project, landscape features which do not conceal criminal activity, and adequate security lighting on buildings and parking lot facilities.
(This mitigation measure is superseded by regulatory compliance as requirements for adequate emergency access, landscaping that minimizes concealment of criminal activity, and security lighting are already mandated by applicable building codes, fire codes, design guidelines, and zoning regulations. These provisions are enforced through the City’s standard site plan and design review processes. No further action or reporting is required pursuant to this measure.)
N/A
Parks/Recreational Facilities
N/A MM PS-7 Future affected developers adjacent to proposed parks, open space and conservation areas shall dedicate required areas for park and trail uses.
(The Proposed Project is not located directly adjacent to a proposed park, open space, or conservation area. No further action or reporting is required pursuant to this measure.) N/A
TRANSPORTATION
N/A MM TRAN-1 To accommodate adjusted cumulative plus project volumes, the City shall upgrade from primary to major arterial status Chino Hills Parkway to provide six lanes from Pipeline to Monte Vista Avenues; Central Avenue to provide six lanes north of Chino Hills Parkway and north of Eucalyptus Avenue; and Ramona Avenue to provide six lanes north of Chino Hills Parkway to Norton Avenue.
(Compliance with this mitigation measure has been completed because the area in question including the streets , has already been constructed. No further action or reporting is required pursuant to this measure.)
N/A
N/A MM TRAN-2 The project developers shall dedicate appropriate rights -of-way to accommodate the ultimate improvement of all master planned streets.
(This mitigation measure is superseded by regulatory compliance because dedication of rights-of-way for master planned streets is a standard and mandatory requirement imposed through the City’s subdivision and development approval processes.
Compliance with these requirements is a condition of project approval. No further action or reporting is required pursuant to this measure.)
N/A
N/A MM TRAN-3 The City shall require dedication and improvement of all planned streets prior to the issuance of final subdivision or final development permit approval.
(Compliance with this mitigation measure has been completed because the area in question including the streets , has already been constructed. No further action or reporting is required pursuant to this measure.)
N/A
10 Timing Mitigation Measure Responsible for Monitoring Completion N/A MM TRAN-4 Right-of-way dedications shall be aligned to match up with existing dedications along adjacent parcels and shall be of a width consistent with the master planned designations.
(This measure is considered satisfied and no longer applicable because right -of-way dedications are required by the City’s subdivision and public works standards to align with existing adjacent dedications and to conform to master planned widths. No further action or reporting is required pursuant to this measure.)
N/A
N/A MM TRAN-5 All master planned streets that are adjacent to the project site shall be constructed to their master planned widths.
(Compliance with this mitigation measure has been completed because the area in question, including the streets, has already been constructed. No further action or reporting is required pursuant to this measure.)
N/A
N/A MM TRAN-6 The LOS of all master planned streets adjacent to the project site shall be maximized by prohibiting parking and controlling roadway access.
(This mitigation measure is superseded by regulatory compliance because CEQA now evaluates transportation impacts based on Vehicle Miles Traveled (VMT) rather than Level of Service (LOS). As a result, measures aimed at maximizing LOS by prohibiting parking and controlling access do not address the environmental impacts CEQA currently considers significant. Compliance with current CEQA Guidelines and local VMT thresholds replaces this measure. No further action or reporting is required pursuant to this measure.)
N/A
N/A MM TRAN-7 The proposed internal circulation layout associated with future developments shall be subject to the review and approval of the City Traffic Engineer during the review process of each development to ensure compliance with City and specific plan access, parking and design standards.
(This mitigation measure is superseded by regulatory compliance with applicable City and Specific Plan standards. Review and approval of internal circulation layouts by the City Traffic Engineer is a standard and mandatory component of the development review and entitlement process. No further action or reporting is required pursuant to this measure.)
N/A
11 Timing Mitigation Measure Responsible for Monitoring Completion N/A MM TRAN-8 Traffic signals shall be installed when warranted at Eucalyptus Avenue at Norton, Romona, Yorba, Monte Vista, and Central Avenues; Ramona Avenue at Norton Avenue; and Chino Hills Parkway at SR 71 south and northbound ramps and Ramona, Monte Vista and Central Avenues. In addition, a traffic signal at Chino Hills Parkway and Telephone Avenue may be needed to accommodate emergency vehicles from the proposed fire station at this intersection. This signal will only be used for emergency interruption purposes.
(Compliance with this mitigation measure has been completed because these improvements have already been completed. No further action or reporting is required pursuant to this measure.)
N/A
N/A MM TRAN-9 Lane geometric improvements shall be required for key intersections to accommodate cumulative peak hour volumes.
(This mitigation measure is not applicable. Total Vehicle Miles Traveled (VMT) for San Bernardino County would not increase with the Proposed Project as compared to the Approved Project, the Proposed Project would not cause a significant impact for baseline of cumulative scenarios. Lane geometric improvements are therefore not necessary. No further action or reporting is required pursuant to this measure.) N/A
N/A MM TRAN-10 Fees to construct and/or install traffic signals, bridges, or other public improvements shall be assessed where appropriate at the time of development based on a formula which takes benefits into account.
(This mitigation measure is superseded by regulatory compliance. The City requires payment of fees for traffic signals, bridges, and other public improvements through its adopted development impact fee program. These fees are assessed based on benefit - based formulas and are collected during the development review and permitting process.
No further action or reporting is required pursuant to this measure.) N/A
N/A MM TRAN-11 Where the project -related traffic volumes on offsite roadways cause undue congestion without appropriate improvements, the project developer shall be required to improve offsite roadways to applicable standards to avoid congestion and safety problems.
(This mitigation measure is not applicable as the Proposed Project was found to have a reduction in Vehicle Miles Traveled (VMT) compared to the Approved Project and would therefore not cause undue congestion and safety problems. No further action or reporting is required pursuant to this measure.)
N/A
12 Timing Mitigation Measure Responsible for Monitoring Completion N/A MM TRAN-12 Future developers shall be required to contribute funds on a fair-share basis for circulation improvements of area wide benefit, such as the Central Avenue bridge over the San Antonio Creek Channel.
(This mitigation measure is superseded by regulatory compliance. Fair -share developer contributions for regional circulation improvements are already required through the City’s adopted development impact fee program. These contributions are assessed and collected during the development approval process, ensuring compliance. No further action or reporting is required pursuant to this measure.) N/A
N/A MM TRAN-13 Future developers ·shall be required to comply with design standards and guidelines pertaining to access, circulation, and parking presented in the Eucalyptus Business Park Specific Plan.
(This mitigation measure is satisfied as compliance with the design standards and guidelines in the Eucalyptus Business Park Specific Plan is required by the City’s Municipal Code. The Code mandates that all development within a specific plan area must conform to the adopted plan, and these requirements are further supported by general development regulations in the Municipal Code. These provisions are enforced through the City’s planning ,engineering, and building permit review processes. No further action or reporting is required pursuant to this measure.) N/A
N/A MM TRAN-14 Transportation Demand Management (TDM) Plans shall be required of developers or property owners detailing a TDM program to be established at each proposed worksite.
Two levels of TDM Plans are required for single and multi -tenant work sites. An Alternative Commute Mode Awareness Plan shall be required for future developments anticipating a total of 25 to 99 employees. Worksites anticipating 100 or more employees shall be required to prepare a Eucalyptus Business Park Trip Reduction Plan.
(This measure does not apply to the Proposed Project as the Proposed Project does not include any employee- producing uses on site as it is a residential project compared to the previously approved project which was designated for Office Commercial and Auto Mall uses. No further action or reporting is required pursuant to this measure.) N/A
UTILITIES AND SERVICE SYSTEMS
N/A MM USS-1 All utility lines serving the various development areas shall be placed underground per City standards.
(This mitigation measure is considered already satisfied and no longer applicable because the undergrounding of utility lines is required by Chino Municipal Code, Chapter 19 – Subdivisions. This requirement is enforced through the City’s standard plan review, entitlement, and inspection processes. No further action or reporting is required pursuant to this measure.)
N/A
13 Timing Mitigation Measure Responsible for Monitoring Completion N/A MM USS-2 No structures shall be permitted to be developed over existing pipelines, power lines or other similar easements.
(This mitigation measure is satisfied by regulatory compliance as the placement of structures over existing pipelines, power lines, or other utility easements is strictly prohibited by existing laws and regulations, including recorded easement agreements, the California Building Code, and the City of Chino’s development standards. During the entitlement and permitting process, all site plans are reviewed by City staff and applicable utility providers to ensure that proposed development does not encroach on easements.
No further action or reporting is required pursuant to this measure.) N/A
N/A MM USS-3 All onsite improvements shall be provided by the developer to each future development in accordance with the provisions of any City adopted master plan, unless costs are otherwise determined as a result of a negotiated development agreement.
(This mitigation measure is considered already satisfied and no longer applicable because the use of drought -tolerant plants, irrigation systems with rain sensors, and graywater systems is required by the City’s landscape ordinances and the California Model Water Efficient Landscape Ordinance. These requirements are enforced through the City’s landscape plan review and building permit processes. No further action or reporting is required pursuant to this measure.)
N/A
N/A MM USS-4 Costs for improvements shall be assigned to each future development in accordance with a cost-benefit formula established by the Public Works Director.
(This mitigation measure is considered already satisfied and no longer applicable because the assignment of improvement costs to future developments based on a cost - benefit formula is an existing administrative procedure managed by the City’s Public Works Director. These procedures are implemented through conditions of approval and development agreements, ensuring compliance as part of the standard project review and permitting process . No further action or reporting is required pursuant to this measure.)
N/A
N/A MM USS-5 All future developers of the Eucalyptus Business Park shall comply with standards and guidelines of the specific plan.
(This mitigation measure is satisfied as compliance with the standards and guidelines in the Eucalyptus Business Park Specific Plan is required by the City’s Municipal Code. The Code mandates that all development within a specific plan area must conform to the adopted plan, and these requirements are further supported by general development regulations in the Municipal Code. These provisions are enforced through the City’s planning ,engineering, and building permit review processes. No further action or reporting is required pursuant to this measure.)
N/A
Water
14 Timing Mitigation Measure Responsible for Monitoring Completion N/A MM USS-6 Future developers shall pay fees to appropriate agencies for purposes of providing sufficient water for estimated domestic consumption and for fire flow requirements as required by the City Fire Chief.
(This mitigation measure is considered already satisfied and no longer applicable because payment of fees for water supply and fire flow, as required by the City Fire Chief and applicable water agencies, is a standard condition of development approval. These requirements are enforced through the City’s permitting process and water service agreements. No further action is required pursuant to this measure.) N/A
N/A MM USS-7 The specific plan shall adhere to all applicable Department of Water Resources water conservation guidelines and standards.
(This mitigation measure is considered already satisfied and no longer applicable because adherence to the California Department of Water Resources’ water conservation guidelines and standards is mandated by state law and incorporated into the City’s local ordinances and development review processes. No further action or reporting is required pursuant to this measure.)
N/A
N/A MM USS-8 The City shall establish a reclaimed water system for use on median and parkway landscaping and the irrigation of the Ayala Park expansion.
(This mitigation measure does not apply to the Proposed Project as it does not include the expansion of the Ayala Park. Additionally, improvements to Ayala Park have already been completed. No further action or reporting is required pursuant to this measure.) N/A
N/A MM USS-9 Future developers shall utilize drought resistant plant materials which will have minimal maintenance needs, except where reclaimed water is used.
(This mitigation measure is satisfied through the Proposed Project’s compliance with the California Green Building Code (CALGreen). CALGreen includes requirements for landscaping. Landscaping requirements include drought-tolerant plants, irrigation systems with rain sensors, and graywater systems for reuse of wastewater. No further action or reporting is required pursuant to this measure.) N/A
Sewer and Sewage Treatment
15 Timing Mitigation Measure Responsible for Monitoring Completion N/A MM USS-10 The City shall determine, analyze and approve the precise size and the alignment of all required sewer improvements.
(This mitigation measure is satisfied through regulatory compliance. The City of Chino’s Public Works Department is responsible for reviewing, analyzing, and approving the size and alignment of all sewer improvements for development projects. As part of the standard development review process, project engineers submit detailed sewer improvement plans that are evaluated for conformance with the City’s engineering design standards, capacity requirements, and master plans. Approval of these plans is required prior to issuance of grading or building permits. This regulatory review process ensures that sewer infrastructure is properly designed to serve the project and meet City standards. No further action or reporting is required pursuant to this measure.) N/A
N/A MM USS-11 Developers of each respective project shall construct required hook-ups to existing sewer systems. Each developer shall pay all required mitigation fees for sewer connections.
Assurance for provision of adequate sewer service is required prior to final map recordation.
(This mitigation measure is considered already satisfied and no longer applicable because the City of Chino’s Municipal Code mandates that all developments must connect to existing sewer systems (Chino Municipal Code §13.04.020), pay required sewer connection fees prior to permit issuance (§13.08.060), and provide assurance of adequate sewer service before final map recordation (§19.04.080 and §19.04.090).
These requirements are enforced through the City’s standard subdivision and permitting processes, inc luding review by the City Engineer and Public Works Department.
Compliance with these code provisions ensures that sewer infrastructure is properly connected and funded prior to development approval. No further action or reporting is required pursuant to this measure.)
N/A
Stormwater Drainage
N/A MM USS-12 If required by the County Flood Control District, future developers shall pay fees for the purpose of formulating a comprehensive study of the San Antonio Channel and its tributaries and a drainage master plan for the specific plan.
(This mitigation measure does not apply to the Proposed Project as the Proposed Project is not impacting the San Antonio Channel. No further action or reporting is required pursuant to this measure.)
N/A
16 Timing Mitigation Measure Responsible for Monitoring Completion N/A MM USS-13 The specific plan shall provide two 3 to 5 acre parks , retain project -generated storm runoff, design parking lots to retard acceleration of runoff, and limit hardscape and provide as much landscape as feasibly possible.
(This mitigation measure is not applicable as it applies to the entirety of the Eucalyptus Business Park Specific Plan area, as the Project Site was designated for Office Commercial and Auto Mall use, it was not anticipated to have a park. However, the mitigation measure would also be satisfied as the Proposed Project would comply with the California Green Building Code (CalGreen) which requires the implementation of stormwater controls and development of a Stormwater Pollution Prevention Plan (SWPPP) for projects less than one acre to minimize the amount of sediment and other pollutants from being discharged in stormwater runoff during construction, as well as various temporary Best Management Practices (BMPs) designed to prevent erosion and siltation, as well as the off -site conveyance of various on- site constituents. No further action or reporting is required pursuant to this measure.) N/A
Solid Waste
N/A MM USS-14 The City shall formulate a City-wide recycling program in efforts of encouraging recycling within the City. Waste reduction methods and future recycling facility design standards shall be addressed in the program.
(This mitigation measure is considered already satisfied and no longer applicable because the City of Chino has established a city -wide recycling program that complies with state mandates and local ordinances. Waste reduction methods and recycling facility design standards are addressed through existing City programs and guidelines administered by the Public Works Department. No further action or reporting is required pursuant to this measure.)
N/A
N/A MM USS-15 Future developers shall not permit accumulation of unbagged garbage.
(This mitigation measure is satisfied as waste reduction methods and recycling facility design standards are addressed through existing City programs and guidelines administered by the Public Works Department. No further action or reporting is required pursuant to this measure.)
N/A
Telephone
N/A MM USS-16 Future developers shall submit site plans, pad locations, etc. of their project to General Telephone. Developers shall provide conduits and manholes at locations required by General Telephone.
(This mitigation measure is no longer applicable as General Telephone no longer exists, it is now Frontier Communications. Additionally, coordination with utilities is now required by standard regulations (local and state). No further action or reporting i s required pursuant to this measure.)
N/A
17 Timing Mitigation Measure Responsible for Monitoring Completion Electricity
N/A MM USS-17 Future developers shall coordinate with Southern California Edison to ensure that sufficient electrical services are provided, Site plans, building pad locations, etc. will be submitted to SCE upon availability.
(This mitigation measure is considered already satisfied and no longer applicable because coordination with Southern California Edison (SCE) is a standard requirement for all development projects. Developers are required to submit site plans, building pad locations, and load demands to SCE during the entitlement and permitting process to ensure adequate electrical service. The City of Chino does not issue grading or building permits without verification that utility service will be available. Therefore, this measure does not provide additional mitigation beyond existing regulatory procedures and utility coordination requirements and is considered redundant under CEQA Guidelines §15126.4(a)(1)(B). No further action or reporting is required pursuant to this measure.) N/A
N/A MM USS-18 Future developers shall pay all necessary hook -up fees and applicable tariffs prior to issuance of certificate of occupancy.
(This mitigation measure is considered already satisfied and no longer applicable because payment of all utility hook -up fees and applicable tariffs is required by utility service providers and enforced by the City of Chino as a condition of final occupanc y.
The City does not issue Certificates of Occupancy until it receives verification that all required connection and service fees have been paid. These requirements are established by the City’s Municipal Code and utility agency regulations and are enforced through standard development review and permitting procedures. No further action or reporting is required pursuant to this measure.)
N/A
N/A MM USS-19 The proposed development shall comply with all energy conservation standards and techniques. SCE can provide assistance in selection of effective energy conservation techniques as well as assistance in infrastructure construction.
(This mitigation measure is superseded by regulatory compliance. The Proposed Project would be subject to the Title 24 Building Energy Efficiency Standards, which apply to new construction and regulate energy consumed for heating, cooling, ventilation, water heating, and lighting, as further discussed below. Compliance with the most recent applicable Building Energy Efficiency Standards would ensure that the energy efficiency of the proposed buildings is maximized to the extent feasible. The most recent ad opted standards, the 2022 Building Energy Efficiency Standards, include requirements for photovoltaic systems and features such as insulation requirements to reduce electricity demand from the energy grid. No further action or reporting is required pursuant to this measure.)
N/A
18 Timing Mitigation Measure Responsible for Monitoring Completion N/A MM USS-20 The City shall check architectural and mechanical plans to verify that the lowest energy rated mechanical and electrical equipment will be used.
(This mitigation measure is superseded by regulatory compliance. The Proposed Project would be subject to the Title 24 Building Energy Efficiency Standards, which apply to new construction and regulate energy consumed for heating, cooling, ventilation, water heating, and lighting, as further discussed below. Compliance with the most recent applicable Building Energy Efficiency Standards would ensure that the energy efficiency of the proposed buildings is maximized to the extent feasible. The most recent adopted standards, the 2022 Building Energy Efficiency Standards, include requirements for photovoltaic systems and features such as insulation requirements to reduce electricity demand from the energy grid. No further action or reporting is required pursuant to this measure.)
N/A
Natural Gas
N/A MM USS-21 Future developers shall coordinate with Southern California Gas Company to ensure that sufficient gas services are provided. Site plans building pad locations, etc. will be submitted to the Gas Company upon availability.
(This mitigation measure is considered already satisfied and no longer applicable because coordination with Southern California Gas Company (SCGC) is a standard requirement for all development projects. Developers are required to submit site plans, building pad locations, and load demands to SCGC during the entitlement and permitting process to ensure adequate electrical service. The City of Chino does not issue grading or building permits without verification that utility service will be available. Therefore, this measure does not provide additional mitigation beyond existing regulatory procedures and utility coordination requirements and is considered redundant under CEQA Guidelines §15126.4(a)(1)(B). No further action or monitoring is required pursuant to this measure.)
N/A
N/A MM USS-22 Future developers shall pay all necessary hook -up fees and applicable tariffs prior to issuance of certificate of occupancy.
(This mitigation measure is considered already satisfied and no longer applicable because payment of all utility hook -up fees and applicable tariffs is required by utility service providers and enforced by the City of Chino as a condition of final occupancy.
The City does not issue Certificates of Occupancy until it receives verification that all required connection and service fees have been paid. These requirements are established by the City’s Municipal Code and utility agency regulations and are enforced through standard development review and permi tting procedures. No further action or reporting is required pursuant to this measure.)
N/A
PUBLIC WORKS CONDITIONS OF APPROVAL
Reviewed/Approved By: JP Date: 8/6/2025
PROJECT NO. PL24-0151 (SA)
DATE: August 5, 2025 PC MEETING DATE: August 20, 2025
PROJECT DESCRIPTION: Proposed residential 3-Story Townhomes (SB330)
PROJECT LOCATION: 14892 Corporate Center Avenue
APPLICANT: BCT Dev. Acquisition Co., LLC PROJECT ENGINEER: Jorge Alvarado
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. 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 resulti ng 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.
1.3. 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.
1.4. Provide a certificate, from a Registered Civil Engineer, certifying that the finished grading has been completed in accordance with the City approved grading plan.
1.5. Provide payment of the 14.39% fair share contribution towards the future traffic signal at the intersection of Ramona Avenue and Corporate Center Circle as indicated in the approved June 2025 Traffic Impact Analysis based upon the City of Chino Cost Estimate approved by the City Engineer.
1.6. 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.
1.7. 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: (Please coordinate and verify all requirements with the project engineer.)
PROJECT NO. PL24-0151 (SA) 2 August 5, 2025
Street Names
Corp.
Center
Avenue(7)
Curb & Gutter (Offset from Centerline)
Sidewalk (Width) X (1)
Asphalt Concrete Pavement Grind X (2)
Asphalt Concrete Overlay X (2)
Street Lights X (3)
Median Island and Landscaping
Parkway Landscaping X
Signing and Striping X (4)
Traffic Signal Interconnect
Conduit System for CATV
Sewer X (6) (8)
Storm Drain Lateral (x1) X (6)
Domestic Water Service w/ meter (x2) X (6)
Irrigation Service w/ meter (x1) X (6)
Fire Water Service w/ (x1) X (5) (6)
Fire Hydrant Relocation (x1) X (6)
Drive Approach X
(1) Construct 5-foot meandering sidewalk across project frontage in accordance with the Eucalyptus Business Park Specific Plan.
(2) Grind and Overlay from street centerline to the edge of gutter. (3) Verify whether the existing streetlights along property frontage meet the city’s standards, specifically that they are LED. If the existing streetlights are not LED, the developer shall be responsible for upgrading them to meet the city’s standards.
(4) The developer shall be responsible for replacing, updating, and/or installing all necessary signing and striping as required by the project improvements, including but not limited to pavement grind and overlay, utility connections (water, sewer, storm drai n, and fire water laterals), and the establishment of new on-street parking areas. All signage and striping shall conform to applicable local and state standards and be completed to the satisfaction of the City of Chino Traffic Engineer prior to project completion.
(5) Fire water service to include the Fire System Detector Assembly Double Check/RP per city of chino standards.
(6) Rehabilitate all street pavement impacted by utility services construction per City of Chino Standard Drawings 109A thru 109D, Utility Trench Repair.
(7) The developer shall be responsible for repairing any damage to existing public improvements that result from construction activities associated with this project. (8) The existing sewer lateral that will not be used shall be removed and plugged at the sewer wye per City of Chino standards and as directed by the Public Works Inspector.
1.8. 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.
PROJECT NO. PL24-0151 (SA) 3 August 5, 2025
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.
1.9. 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 1.7. All security must be accessible to the City at any time and in a form acceptable to the City Engineer, pursuant to Government Code, Section 66499.
1.10. Complete and file the petition for annexation of your project property to the City's Landscape and Street Lighting Maintenance District MD 2002- 01 for maintenance of streetlights. Owner shall be responsible for landscape maintenance along project frontage.
1.11. Comply with all applicable requirements of the City Code.
1.12. 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 t he 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. Pedestrian crossings at driveways
c. Path of travel from right-of-way to recreation facilities
1.13. 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. driveway approaches crossings
iii. 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. Discr epancies between PROJECT NO. PL24-0151 (SA) 4 August 5, 2025
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.
1.14. 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 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. In accordance with Government Code Section 66007, the applicant shall make payment of fees at the time of impact. Additionally, all applicable fees shall comply with the fee protections established under the Senate Bill No. 330.
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).
1.15. 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 .
1.16. 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.
1.17. 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.
1.18. Convey ownership of all existing onsite water wells to the City and convert to monitoring wells as directed by the City’s Water Utilities Supervisor. Prepare and record any necessary easements to provide the City with access to the monitoring wells. Any existing water wells that cannot be feasibly converted to monitoring wells shall be destroyed per City Standard No. 465. If no existing water wells are present onsite, this condition shall not be applicable.
1.19. Provide adequate sight distance per City Standard No. 865 for the project driveway. Landscaping type and height shall be maintained to ensure sight distance requirements are perpetuated.
1.20. 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.
PROJECT NO. PL24-0151 (SA) 5 August 5, 2025
1.21. Comply with all requirements of the Traffic Impact Analysis (TIA) dated June 2025 including participation in fair share contributions and construction of required improvements. Refer to Condition of Approval Number 1.5 above.
1.22. (I) 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.
1.23. The applicant shall provide City staff with the necessary legal documents to amend the existing 20' wide easement to accommodate the proposed development. However, this amendment would require City Council approval, and the City must retain an easement area for any public improvements outside the existing right- of-way. Additionally, the applicant is responsible for all applicable fees related to processing the required documents.
1.24. An easement for access to public sidewalk on private property will be required.
1.25. Will be required to provide a copy to the City of Chino of the recorded document for the existing 26-foot EVA easement to be vacated.
1.26. A final Water Study is required to comply with the Preliminary Water Study addressing the minor redline corrections remaining that were provided during entitlement.
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. 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.
2.3. 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.
2.4. Pay all remaining applicable fees pursuant to City Code and Government Code Section 66007.
2.5. Rehabilitate all street pavement along all streets impacted by the development as directed by City staff. Install signing and striping per approved plans.
2.6. 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 attach ed. Scanned resolution of PDF shall be a minimum of 360 dpi.
PROJECT NO. PL24-0151 (SA) 6 August 5, 2025
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
CITY OF CHINO
PUBLIC WORKS DEPARTMENT
DEVELOPMENT ENGINEERING DIVISION
PROJECT NO. PL24-0151 (SA)
PROJECT ENGINEER: Jorge Alvarado
DATE: 8/5/2025
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)
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 Vacation documents
Rough Grading Plans
Precise Grading Plans
Storm Drain Plans (New public storm drain lateral on Corporate Center Avenue) 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 (Revise record drawings to add the sewer service lateral and cleanout/MH) Domestic Water Plans (Revise record drawings to add the water and fire service laterals including applicable appurtenances i.e. meters & Fire System Detector Assembly Double Check/RP) Recycled Water Plans (Revise record drawings to add the recycled water service lateral & meter) Street Light Plans
Voltage Drop Calculations (Signed and Sealed by a Registered Engineer) Signing and Striping Plans
Traffic Signal Interconnect Plans
Traffic Signal Plans
Water Quality Management Plan
Construction Management Plan
Special Districts Leadership Foundation - District of Distinction Since 2008
July 18, 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
2024-00001664
Fire Protection Requirements
BCT DEV ACQUISITION CO, LLC
130 NEWPORT CENTER DR., STE. 210
NEWPORT BEACH, CA - California (92660
Project Name: PL24-0151, 3 STORY
TOWNHOME PROJECT
Project Address: 14892 CORPORATE
CENTER 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
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 min imum 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 pave ment 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.
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 dra wing 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 A residential "life safety" fire sprinkler system is required. The developer shall submit an electronic/PDF set of detailed plans and hydraulic calculations to the Community Risk Reduction Division for approval. The system shall be installed, tested and approved prior to occupancy. The system shall meet the standards of NFPA 13R or 13D and Fire District Standard No.126. Dwellings in excess of 5,000 square feet shall provide calculations of the (4) four most remote sprinkler heads. For NFPA 13R systems, 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 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.
3.4 Smoke and Carbon Monoxide alarms are required to be installed per Section 310 of the California Building Code, current adopted edition. Locations shall be in accordance with code requirements.
3.5 Exits, doors, signs and approved path marking shall be installed in accordance with the current adopted edition of the California Building Code, Section 1007
3.6 "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.
3.7 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.
Special Districts Leadership Foundation - District of Distinction Since 2008
3.8 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.
3.9 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.
3.10 Residential street addresses shall be posted with a minimum of four inch (4") numbers, shall be electrically illuminated (by 12 -volt power source only) by internal means during the hours of darkness. Posted numbers shall contrast with the background used and be legible from the street in accordance with the California Fire Code, current adopted edition. Where building is set back more than 100 feet from the roadway, additional non- illuminated four inch (4") numbers shall be displayed at the property access entrance.
These numbers shall also contrast with the background used. Please refer to Fire District Standard No. 122.
3.11 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.
Applicable Standards:
101, 102, 103, 111, 114, 117, 121, 122, 126, 133, 141, 143
CVFD Standards available online at http://www.chinovalleyfire.org
CHINO POLICE DEPARTMENT
CONDITIONS OF APPROVAL
DATE: July 9, 2025
PROJECT NO.: PL24-0151(SA)
PROJECT NAME: Corporate Center Townhomes
PROJECT LOCATION: Corporate Center Dr/71 Freeway
Chino Police Department – Conditions of Approval. All conditions shall be complied with to the satisfaction of the Chino Police Department.
FLOCK cameras shall be installed and adequately positioned to cover main entrances and exits to the property. Please note: FLOCK cameras require an annual subscription cost.
Install and adequately position high-quality security cameras capable of capturing nighttime video to cover:
• Common area amenity doors
• Rear of the properties
• Parking lots
• Entrance and exit points to residential parking structures, if applicable • Safe storage locations
• Ensure all cameras support 24/7 monitoring. Allow access to the camera system for Chino Police Department’s Real Time Crime Center Analysts for in-progress calls for service and active crime incidents. Surveillance footage needs to be stored for 30 days. • Contact: Leah Green, Chino PD
Phone: (909) 334-3060
The Real Time Crime Center (RTCC) is a centralized hub that uses advanced technology, data, and live camera feeds (FLOCK) to support officers in the field. By providing real-time information during active incidents, the RTCC helps improve response times and increase public safety.
5450 Guardian Way
Chino, CA 91710
(909) 334-3000
www.chinopd.org
01225.0006/367559.3 C-1
EXHIBIT “C”
ENVIRONMENTAL WARRANTY
PL24-0151
As a condition precedent to acceptance of the dedications and public improvements to be conveyed by the above-named Developer to the City of Chino for the above-referenced Subdivision, Developer hereby warrants to the City of Chino that:
1. Neither the property to be dedicated nor Developer are in violation of any environmental law, and neither the property to be dedicated nor the Developer are subject to any existing, pending or threatened investigation by any federal, state or local governmental authority under or in connection with the environmental laws relating to the property to be dedicated.
2. Neither Developer nor any other person with Developer’s permission to be upon the property to be dedicated has used, generated, manufactured, produced, or released, on, under, or about the property to be dedicated, any Hazardous Substance except in compliance with all applicable environmental laws. For the purposes of this warranty, the term “Hazardous Substances” shall mean any substance or material which is capable of posing a risk of injury to health, safety or property, including all those materials and substances designated as hazardous or toxic by any federal, state or local law, ordinance, rule, regulation or policy, including but not limited to, all of those materials and substances defined as “Toxic Materials” in Sections 66680 through 66685 of Title 22 of the California Code of Regulations, Division 4, Chapter 30, as the same shall be amended from time to time, or any other materials requiring remediation under federal, state or local laws, ordinances, rules, regulations or policies.
3. Developer has not caused or permitted the release of and has no knowledge of the release or presence of any Hazardous Substance on the property to be dedicated or the migration of any hazardous substance from or to any other property adjacent to, or in the vicinity of, the property to be dedicated.
4. Developer’s prior and present use of the property to be dedicated has not resulted in the release of any Hazardous Substance on the property to be dedicated.
5. All persons executing this warranty hereby represent and warrant to the City of Chino, and Developer hereby represents and warrants, that the signators hereto have the legal power, right and authority to execute this warranty on behalf of the Developer and that the signators hereto have sufficient knowledge or expertise, either personally, through reasonable inspection and investigation of the property, or through reasonable reliance upon the investigation and professional opinion of Developer’s environmental experts, to make the representations herein, and that no consent of any other party is required to execute this warranty and make the representations herein on behalf of the Developer to the City of Chino.
01225.0006/367559.3 C-2
Each of the undersigned persons declares under penalty of perjury that the foregoing is true and correct.
Dated: _________________________
BCT CORPORATE CENTER, LLC*
By:
*Proof of authorization for Developer’s signatures is required to be submitted concurrently with this environmental warranty.