Chino City Council
September 15, 2026

d. Internal Loop Road System

An internal loop road system has been developed within each neighborhood to accommodate internal vehicular circulation and the Specific Plan trail system. Characteristics of the internal loop road system include expanded parkways and sidewalk features designed to promote (a) neighborhood identity and cohesion; (b) pedestrian circulation to major neighborhood focal points and the Activity Corridor; (c) an equestrian trail south of Edison Avenue; and, (d) Class II bicycle lanes in the roadway. On-street parking will be prohibited along the loop road system to reduce potential traffic conflicts (see Figure 12d), except along Amsterdam Avenue (see Figure 12j) and Aguerre Avenue (see Figure 12k).

909
ORDINANCE NO. 2026-012

(Figure 12j Amsterdam Avenue)

(Figure 12k Aguerre Avenue)

910
ORDINANCE NO. 2026-012

911
ORDINANCE NO. 2026-012

Note:

(n) Swing-in garages shall have a minimum setback of fifteen (15) feet, not to exceed one- third of the lots within the subdivision.

Pages 111 through 112.

B. Site Planning Guidelines Single Family

1) Streetside building elevations on corner lots shall not exceed one story in height. Split level units may be allowed, however, if the second story is stepped back from the street side yard.

2) Excessive repetition of identical floor plans shall be discouraged. A minimum number of footprints shall be provided per Note h on page 110.

3) Staggered dwelling setbacks shall be required. Front yard setbacks within neighborhoods 1, 2, 3, and 4 shall be staggered ±five feet (Figure 24).

4) Property lines should be staggered as much as possible to create variety. In addition, lot width dimensions shall be varied to provide visual interest to the streetscape (Figure 24).

5) Side entry and detached garages shall be encouraged.

6) The site design for neighborhoods 1, 2, 3, and 4 should reflect a rural, informal street pattern with curvilinear roads and cul-de-sacs.

7) Side-on dwelling plottings shall be encouraged contiguous to the loop/paseo street system. Rear -on configuration shall be discouraged, while front -on units are prohibited along the loop roads and where appropriate, front-on configurations are permitted along the loop roads.

Section 2. The City Council finds that this Ordinance is exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines S ection 15183, Projects Consistent with a Community Plan, General Plan, or Zoning. The proposed project has been determined to be within the scope of the previously certified 2045 General Plan Update Environmental Impact Report (EIR) (State Clearinghouse N o. 202409083), adopted on September 2, 2025. The EIR adequately describes the environmental effects of the proposed project for the purposes of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15183. The proposed project is consistent with the land use designation, development density, and applicable policies established by the City’s General Plan, the East Chino Specific Plan, and underlying zoning, all of which were evaluated in the certified EIR. Pursuant to Section 15183(b), a focused evaluation of the development was conducted and the analysis concluded that the proposed project would not result in any new or more severe significant environmental impacts beyond those identified in the certified General Plan EIR. The pr oject is also subject to uniformly applicable development policies and mitigation measures identified in the 2045 General Plan Update EIR, which would reduce potential impacts to less than 912
ORDINANCE NO. 2026-012

significant levels. Accordingly, pursuant to CEQA Guidelines Sect ion 15183, no additional environmental review is required.

Section 3. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance, or the application thereof to any person or circumstances, is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provision or application, and to this end the provisions of this ordinance are declared to be severable. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts or portions thereof be declared invalid or unconstitutional.

Section 4. This Ordinance shall be in full force and effect thirty (30) days after its second reading and adoption.

Section 5. Certification. The City Clerk of the City of Chino shall certify to the passag e and adoption of this Ordinance (Ordinance No. 2026-012) and shall cause the same to be published in the Chino Champion, a newspaper of general circulation, within said City in accordance with the provisions of the Government Code.

PASSED, APPROVED AND ADOPTED THIS __ DAY OF _____________, 2026.

By: ___________________________
EUNICE M. ULLOA, MAYOR

ATTEST:

By: _____________________________

NATALIE GONZAGA, CITY CLERK

913
ORDINANCE NO. 2026-012

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) §

CITY OF CHINO )

I, Natalie Gonzaga, City Clerk of the City of Chino, do hereby certify that the foregoing Ordinance was duly adopted by said City Council at a regular meeting held on the ___ day of ______2026 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

By: __________________________

NATALIE GONZAGA, CITY CLERK

914

MEMORANDUM

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT

CITY COUNCIL MEETING DATE: SEPTEMBER 15, 2026

TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: SWATI MESHRAM, PHD, AICP, DIRECTOR OF DEVELOPMENT SERVICES

SUBJECT
..titl e
Appeal of the Planning Commission Action Denying the Dirac Battery Energy Storage System (BESS) Project.
..end

RECOMMENDATION
..recommendation
1) Conduct a public hearing; 2) adopt Resolution No. 2026-061, granting the appeal and thereby approving PL25-0085 (Special Conditional Use Permit) and PL25 -0086 (Site Approval); and 3) introduction of Ordinance No . 2026 -013, to be read by number and title only, approving the Development Agreement between the City of Chino and Dirac BESS LLC for the Dirac Battery Energy Storage System (BESS) Project.
..body

FISCAL IMPACT
If the appeal is granted and the “Project”, including the Development Agreement (DA) is approved, the Project would result in fiscal benefits to the City. Pursuant to the DA, the Applicant would provide two Community Benefit payments totaling $6 million and guarantee that the City receive s at least $4 million in combined Project sales and use tax revenue and Development Impact Fees (DIF) . In addition, the Applicant would provide $600,000 for fire suppression, emergency management and preparedness related to the Project, and other public services identified by the City . Collectively, the DA would provide a minimum of $10.6 million in community and fiscal benefits to the City.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
 Financial Stability
 Responsible Long-Range Planning
 Effective Technology

Revenue:

Expenditure:

Transfer In: Transfer Out:
915
CITY COUNCIL MEETING DATE: SEPTEMBER 15, 2026
TITLE: APPEAL OF THE PLANNING COMMISSION ACTION DENYING THE DIRAC BATTERY ENERGY STORAGE SYSTEM (BESS) PROJECT.

PAGE: 2

BACKGROUND
On July 15, 2026, the Planning Commission conducted a public hearing to consider PL25 -0085 (Special Conditional Use Permit) and PL25-0086 (Site Approval) for the proposed Dirac Battery Energy Storage System (BESS) facility (the “Project”), as well as a recommendation to the City Council regarding a Development Agreement (DA) between the City of Chino and Dirac BESS, LLC. The Project consists of a 400-megawatt BESS utilizing lithium -iron phosphate (LFP) battery technology on an approximately 13.89-acre site. The Project also includes an operations and maintenance building, an on -site substation, and a 230 -kilovolt generation interconnection line connecting the Project to the adjacent Southern California Edison (SCE) Chino Substation.

The Planning Commission staff report is included as Exhibit “A.” Staff recommended approval of the Project based on its determination that the Project is consistent with the General Plan, Zoning Code, applicable development standards, and the findings required for approval of the requested entitlements.

During public testimony at the public hearing , residents spoke and raised concerns regarding fire safety, the proximity of the Project to residential areas, potential off -site impacts associated with a potential BESS fire, and previous fire incidents involving other BESS facilities not located in the City. Following public testimony, the Planning Commission deliberated and discussed fire safety, emergency response planning, the City’s existing regulations applicable to BESS facilities, and whether specific development standards or independent third-party review would be beneficial. A motion was made to approve PL25-0085 (Special Conditional Use Permit) and PL25-0086 (Site Approval) and recommend City Council approval of the DA. The motion failed by a 3-4 vote, resulting in the denial of PL25-0085 (Special Conditional Use Permit) and PL25- 0086 (Site Approv al) and no recommendation on the DA . Since the motion to approve the Project failed, the Planning Commission did not adopt a written resolution setting forth findings or reasons for the denial of the Project entitlements. The Planning Commission meeting minutes are included as Exhibit “B.”
On July 24, 2026, Dirac BESS LLC, formerly known as Dirac Project LLC (the "Appellant" or “Applicant”) filed a timely appeal of the Planning Commission's action pursuant to Section

20.23.150 of t he Zoning Code . The Appellant requests that the City Council overturn the Planning Commission’s action and approve the Project entitlements and the DA. The Appellant's appeal application and letter are included as Exhibit “C.” APPEAL
The Appellant requests that the City Council overturn the Planning Commission’s action and approve the Project based on three primary grounds : It is supported by the administrative record, the role of battery energy storage systems in meeting California’s stat ewide energy goals, and the updated regulatory and safety requirements applicable to BESS facilities. In addition, the City Council is being asked to consider the associated DA. The Appellant’s grounds for appeal, staff’s responses, and the DA are discussed in further detail below.

The Planning Commission’s Denial is Not Supported by the Record The Appellant contends that the Planning Commission’s denial of the Project is not supported by the administrative record. According to the Appellant, the technical studies, environmental analysis, Project plans, applicable regulatory requirements, and conditions of approval demonstrate that the Project satisfies the findings required for approval of PL25 -0085 (Special Conditional Use Permit) and PL25 -0086 (Site Appro val). The Appellant further contends that concerns raised during the Planning Commission hearing regarding fire safety and other BESS 916
CITY COUNCIL MEETING DATE: SEPTEMBER 15, 2026
TITLE: APPEAL OF THE PLANNING COMMISSION ACTION DENYING THE DIRAC BATTERY ENERGY STORAGE SYSTEM (BESS) PROJECT.

PAGE: 3

facilities did not constitute substantial evidence contradicting the technical information provided for the Project. The A ppellant maintains that the Project is appropriately located within the General Industrial (M2) zoning district, is consistent with the City’s General Plan and Zoning Code, and incorporates safeguards necessary to protect public health, safety, and general welfare.

Staff response
The Project site is designated General Industrial (GI) by the General Plan and zoned General Industrial (M2). The M2 zoning district allows major utility uses subject to approval of a Special Conditional Use Permit (SCUP). The City's Zoning Code defines major utilities to include services of a regional nature that normally entail the construction of new buildings or structures, including generating plants and sources, electrical switching facilities, stations or substations , and similar facilities. The proposed BESS facility is classified as a major utility use and is therefore an allowable use within the M2 zoning district subject to approval of a SCUP. Staff evaluated the Project plans, technical studies, environmental ana lysis, applicable regulatory requirements, and conditions of approval and determined that the Project is consistent with applicable General Plan policies, zoning requirements, and development standards. Based on the analysis contained in the Planning Commi ssion staff report and the administrative record, staff determined that the required findings could be made for the Project. The findings supporting approval of PL25 -0085 (Special Conditional Use Permit) and PL25 -0086 (Site Approval) are included in Resolution No. 2026-061.

Battery Energy Storage Systems are an Essential Part of California’s Plan to Meet a Zero- Carbon Future by 2045
The Appellant contends that battery energy storage systems are an essential component of California's efforts to achieve a ze ro-carbon electricity system by 2045. According to the Appellant, BESS facilities support electrical grid reliability by storing energy generated during periods of low demand and making energy available during periods of high demand. The Appellant states that the Project would provide up to 400 megawatts of energy storage capacity and would contribute to the reliability and resiliency of California’s electrical grid. The Appellant further identifies the Project’s location adjacent to the existing SCE Chino Substation as appropriate because it allows the Project to interconnect directly with existing electrical infrastructure.

Staff response
The Project proposes a 400 -megawatt BESS facility adjacent to the existing SCE Chino Substation, allowing the Project to connect directly to the existing electrical infrastructure. While statewide energy storage objectives provide context for the proposed use, staff’s recommendation is based on the Project’s compliance with the City’s General Plan, Zoning Code, applicable development standards, environmental requirements, and the findings required for approval of the requested entitlements. Based on staff’s review of the Project, staff determined that the Project is an allowable use within the M2 zoning district and that the applicable findings required for approval of the Project can be made.

Assembly Bill 205 (AB 205), enacted in 2022 and expanded in 2023 established an accelerated permitted pathway under the California Energy Commission (CEC) for large clean energy projects, including BESS projects. AB 205 allows a BESS project to obtain approval through a state permit from the CEC through the Opt -In Certification Program, which supersedes and replaces required permits from local agencies, including California Environme ntal Quality Act 917
CITY COUNCIL MEETING DATE: SEPTEMBER 15, 2026
TITLE: APPEAL OF THE PLANNING COMMISSION ACTION DENYING THE DIRAC BATTERY ENERGY STORAGE SYSTEM (BESS) PROJECT.

PAGE: 4

(CEQA) compliance, tribal consultation, and community engagement. To qualify for the Opt -In Certification Program, a BESS project must have an energy storage capacity of at least 200 MWh, the project must be a clean energy facility as def ined under AB 205 (this includes standalone battery storage), and the developer must voluntarily elect to use the program.

Under the Opt -In Certification Program, the CEC is required to prepare the appropriate environmental document under CEQA, certify co mpliance of a Community Benefits Agreement (CBA) and project labor agreements, and make a decision on the project within 270 days of receiving a complete application. When a developer utilizes the Opt -In Certification Program, the City does not have any voice in negotiating the CB A. Rather, CBAs compliant with the Opt - In Certification Program may benefit community -based organizations, such as local non -profits or labor organizations. The Applicant has processed the proposed BESS proj ect pursuant to City requirements and has negotiated a community benefit with the City through the proposed DA. If the appeal is denied, the applicant may elect to process the proposed BESS project through the Opt-In Certification Program, which would eliminate the DA negotiated with the City.

Updated Regulatory Standards Established Comprehensive Safety Requirements for Newly Proposed BESS Facilities
The Appellant contends that current BESS facilities are subject to updated and comprehensive fire and life safety requirements that were developed in response to lessons learned from earlier battery storage facilities and incidents. According to the Appellant, these requirements include the California Fire Code, National Fire Protection Associatio n (NFPA) 855, Underwriters Laboratories (UL) 9540 certification, UL9540A fire -propagation testing, and California Public Utilities Commission (CPUC) General Order 167 -C. These requirements address equipment certification, thermal -runway prevention and prop agation, unit spacing and separation, fire detection and suppression, emergency response planning, and continuing operational oversight.

According to the Appellant, the proposed Project differs materially from older BESS facilities, including Moss Landing, CA, with respect to battery chemistry, facility configuration, enclosure design, and applicable fire and safety requirements. The Appellant states that the Project would utilize lithium-iron phosphate (LFP) battery technology housed in physically separate d outdoor enclosures and would incorporate battery management systems, fire detection, automatic shutdown capabilities, and other safety features. The Appellant asserts it has satisfied recent State legislation (SB 38) regulating BESS emergency -response and emergency planning. The Appellant further states that the Project would be subject to current fire and safety standards, as well as the CPUC’s continual oversight and enforcement under General Order 167-C.

Staff response
Fire safety was a primary issue raised during the Planning Commission public hearing. The Project includes multiple fire protection features designed to detect, prevent, and respond to potential fire incidents. Fire detection systems would be installed throughout the site and within each battery enclosure. Each battery enclosure would be equipped with a battery management system (BMS) that continuously monitors the condition of the battery cells 24 hours a day. The system can detect abnormal conditions and automatically shut down the aff ected unit to reduce potential hazards. Each enclosure would include a fire alarm control panel that identifies the specific unit involved and notifies first responders. Battery enclosures would be required to meet applicable testing and certification requirements for battery systems, fire protection and system controls. The Project would also be required to comply with all applicable fire safety codes, standards and regulations.
918
CITY COUNCIL MEETING DATE: SEPTEMBER 15, 2026
TITLE: APPEAL OF THE PLANNING COMMISSION ACTION DENYING THE DIRAC BATTERY ENERGY STORAGE SYSTEM (BESS) PROJECT.

PAGE: 5

The Chino Valley Fire District reviewed the Project and provided conditions applicable to the construction and operation of the facility. Final equipment specifications, engineering plans, hazard-mitigation measures, and emergency systems would remain subject to further te chnical review as part of subsequent permitting. The Fire District also advised the Planning Commission that an emergency response plan would be required during the permitting process and that the District would work with the Applicant in preparing for emergency response.

Staff’s evaluation of the Project is based on the specific design and operating characteristics of the proposed Dirac BESS facility, the technical studies prepared for the Project, applicable regulatory requirements, and the conditions of approval rather than the operating characteristics of other BESS facilities. Based on the Project design, applicable regulatory requirements, technical studies, and conditions of approval, staff determined that the required findings related to public health, safety, and general welfare could be made. Also, in response to the concerns raised by the Planning Commission and members of the public, the Applicant requested supplemental conditions of approval be added to further demonstrate their commitment to developing and operating the Project safely. The supplemental conditions include the following:

1. Installation and maintenance of a continuous, real -time carbon monoxide detection and air monitoring system with in each BESS enclosure and at strategic locations along the site perimeter;

2. Annual third -party BESS emergency response training for Chino Valley Fire District personnel at the Applicant’s expense;

3. Prior written approval from the Chino Valley Fire District before the use of any alternative battery chemis try, supported by independent third -party safety testing and technical analysis; and

4. Coordination and distribution of the Project’s Emergency Response Plan with Chino Valley Fire District and Chino Police Department, including updates following any material changes to the plan or emergency response procedures.

The Chino Valley Fire District conditions of approval (COAs 4.1, 4.2, 4.3 and 4.4) and Planning Division conditions of approval (COAs 5.8.1 and 5.8.2) have been revised to include the supplemental conditions.

Development Agreement
In addition to consideration of the appeal of the Planning Commission's action on PL25 -0085 (SCUP) and PL25-0086 (SA), the City Council is being asked to consider a DA between the City and the Applicant for the Project. Th e DA establishes certain development rights and timing obligations for the Project, as well as community and fiscal benefits to be provided to the City.

Under the DA, the City has agreed to make reasonable efforts to meet certain milestones associated with Project permitting, including issuance of demolition permits for the existing buildings on the Project site by October 1, 2026, a grading permit by November 1, 2026, and building permits by December 1, 2026. In exchange, the Applicant has agreed to provid e the City with certain community and fiscal benefits. Specifically, the DA provides for the following:
 A $3,000,000 Community Benefit Payment to the City within 30 days following issuance of building permit issuance for the Project;
 A second $3,000,000 Co mmunity Benefit Payment to the City within 30 days following issuance of a certificate of occupancy for the Project;  Additional, $600,000 for fire suppression and emergency management and preparation within 30 days of building permit issuance for the Project; 919
CITY COUNCIL MEETING DATE: SEPTEMBER 15, 2026
TITLE: APPEAL OF THE PLANNING COMMISSION ACTION DENYING THE DIRAC BATTERY ENERGY STORAGE SYSTEM (BESS) PROJECT.

PAGE: 6

 Designation of the City as the point of delivery for the purchase of taxable items associated with the development, construction, and operation of the Project;  A guarantee that the City will receive at least $4,000,000 in combined Project sales and use tax revenue and Development Impact Fees (DIF); and
 Reasonable efforts by the Applicant to target local residents for employment opportunities associated with the construction, operation, and maintenance of the Project.

Collectively, the Community Benefit Payments and guaranteed sales and use tax revenue and DIF provide a minimum of $10, 600,000 in community and fiscal benefits to the City pursuant to the DA. If the appeal is denied and the DA not approved , the applicant will have the ability to process the BESS project through the Opt -In Certification Program, which does have a requirement of a community benefit. However, through this program, the community benefit would be negotiated through the CEC with one or more community -based organizations, and the City would have no guarantee of funds dedicated to the City to mitigate any potential impacts from the BESS project.

Pursuant to State law and the City's Zoning Code, the Planning Commission considered the DA at its July 15, 2026, public hearin g for the purpose of making a recommendation to the City Council regarding whether the provisions of the DA are consistent with the General Plan. A motion to approve the Project entitlements and recommend City Council approval of the DA failed by a 3 -4 vot e. Accordingly, the Planning Commission did not adopt written findings or make a recommendation to the City Council regarding approval of the DA. The DA is now before the City Council, which is the approval authority for the agreement. In considering the DA, the City Council must determine whether the provisions of the agreement are consistent with the General Plan. Staff previously determined that the DA is consistent with the General Plan because it facilitates development of the Project within an area de signated and zoned for industrial and utility-related uses and advances General Plan objectives related to infrastructure reliability, economic development, fiscal sustainability, and community investment.

PUBLIC NOTICE
A 10-day notice was mailed to all pr operty owners within a 300 -foot radius of the project site , and a notice was published in the Chino Champion on September 5, 2026. The notice meets legal requirements. Since the Planning Commission hearing on July 15, 2026, the City has received letters in support and letter s in opposition of the Project . Letters received through posting of the agenda are included as Exhibits D and E.

ENVIRONMENTAL REVIEW
The proposed Project has been determined to be within the scope of the previously certified 2045 General Plan Update Environmental Impact Report (EIR) (State Clearinghouse No. 202409083), adopted on September 2, 2025. The EIR adequately describes the environmental effects of the Project for purposes of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15183. The proposed Project is consistent with the land use designation and applicable policies established by the City's General Plan an d underlying zoning, all of which were evaluated in the certified EIR. Pursuant to CEQA Guidelines Section 15183(b), a focused evaluation of the Project was conducted, and the analysis concluded that the Project would not result in any new or more signific ant environmental impacts beyond those identified in the certified General Plan EIR. The Project is also subject to uniformly applicable development policies and mitigation measures identified in the 2045 General Plan Update EIR, 920
CITY COUNCIL MEETING DATE: SEPTEMBER 15, 2026
TITLE: APPEAL OF THE PLANNING COMMISSION ACTION DENYING THE DIRAC BATTERY ENERGY STORAGE SYSTEM (BESS) PROJECT.

PAGE: 7

which would reduce potenti al impacts to less than significant levels. Accordingly, pursuant to CEQA Guidelines Section 15183, no additional environmental review is required.

CONCLUSION
Based on the administrative record, Project plans, technical studies, environmental analysis, applicable regulatory requirements, and conditions of approval, staff determined that the findings required for approval of PL25 -0085 (Special Conditional Use Permit) and PL25 -0086 (Site Approval) can be made. Accordingly, staff recommends that the City Counc il grant the appeal, approve the Project entitlements, and approve the associated DA, which establishes certain development rights and timing obligations for the Project and provides community and fiscal benefits to the City.
921
CITY COUNCIL MEETING DATE: SEPTEMBER 15, 2026
TITLE: APPEAL OF THE PLANNING COMMISSION ACTION DENYING THE DIRAC BATTERY ENERGY STORAGE SYSTEM (BESS) PROJECT.

PAGE: 8

Attachments: Exhibit “A” – Planning Commission Staff Report – July 15, 2026 Exhibit “B” – Planning Commission Minutes – July 15, 2026 Exhibit “C” – Appeal Application
Exhibit “D” – Letters in Support
Exhibit “E” – Letters in Opposition
Exhibit “F” – Resolution No. 2026-061
Exhibit “G” – Ordinance No. 2026-013

922

MEMORANDUM

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT

PLANNING COMMISSION MEETING DATE: JULY 15, 2026

no..titl e
PL25-0085 (Special Conditional Use Permit), PL25-0086 (Site Approval) and Development Agreement
..end

LOCATION MAP
1923
PLANNING COMMISSION MEETING DATE: JULY 15, 2026
TITLE: PL25-0085 (SPECIAL CONDITIONAL USE PERMIT), PL25 -0086 (SITE APPROVAL)

AND DEVELOPMENT AGREEMENT
PAGE: 2

2924
PLANNING COMMISSION MEETING DATE: JULY 15, 2026
TITLE: PL25-0085 (SPECIAL CONDITIONAL USE PERMIT), PL25 -0086 (SITE APPROVAL)

AND DEVELOPMENT AGREEMENT
PAGE: 3

PROJECT NO.: PL25-0085 (Special Conditional Use Permit) , PL25-0086 (Site Approval) and Development Agreement
APPLICANT: Dirac Project LLC
REQUEST: A request for approval to construct and operate a 400 -megawatt (MW) battery energy storage system (BESS) facility and enter into a Development Agreement for the project on a 13.89-acre property in the General Industrial (M2) zoning district.

LOCATION: 13925 Benson Avenue, 13822 Oaks Avenue and 13910 Oaks Avenue (APNs:
1021-121-05, 1021-211-02, and 1021-211-05)

RECOMMENDATION
..recommendation
(1) Adopt Planning Commission Resolution No. PC2026 -016, recommending the City Council adopt an ordinance to approve a Development Agreement with Dirac Project LLC ; and (2) Adopt Planning Commission Resolution No. PC2026 -019, approving PL25 -0085 (Special Conditional Use Permit) and PL25 -0086 (Site Approval), based upon the findings and subject to the departmental conditions of approval. ..body
SURROUNDING ZONING AND LAND USE:

Existing Land Use General Plan Zoning District
Project Site - Industrial General Industrial (GI) General Industrial (M2) North - Industrial General Industrial (GI) General Industrial (M2) East - Industrial General Industrial (GI) General Industrial (M2) South - Southern California
Edison Chino
Substation
General Industrial (GI) General Industrial (M2)
West - Industrial General Industrial (GI) General Industrial (M2)

BACKGROUND
California’s electrical grid has experienced increasing strain in recent years due to extreme heat events, population growth and rising energy demand. P eriods of high demand, particularly during heat waves, have heightened the risk of power shortages and rolling blackouts. At the same time, the State is working toward maintaining a reliable utility grid and capacity that supports local infrastructure and services to the regional grid, including Chino residential and business customers. Battery energy storage systems (BESS) help address this need by storing energy during periods of low demand and delivering it during peak demand. Dirac Project LLC, (the “Applicant”) is proposing the construction and operation of a 400 -megawatt (MW) BESS facility, an on -site substation, and a 230 -kilovolt (kV) gen -tie transmission line on a 13.89-acre property located along Oaks Avenue and Benson Avenue, north of the existing Southern California Edison (SCE) substation . The project site is currently develop ed with three industrial buildings which will be demolished as part of the project . The proposed project would provide additional energy storage capacity to support the regional grid, improve reliability, reduce reliance on traditional power plants, and e nhance reliability during periods of high energy demand.
3925
PLANNING COMMISSION MEETING DATE: JULY 15, 2026
TITLE: PL25-0085 (SPECIAL CONDITIONAL USE PERMIT), PL25 -0086 (SITE APPROVAL)

AND DEVELOPMENT AGREEMENT
PAGE: 4

ISSUES/ANALYSIS
Site Plan
Access to the project site would be accessible from one driveway off Oaks Avenue and one driveway off Benson Avenue. Internal circulation is provided by 26 -foot-wide access roads throughout the site. The project includes approximately 684 BESS enclosures, which will house the batter y packs , and 86 medium voltage transformer s (MVTs) distributed across the site .

These quantities may be refined during final building permit design phase. Additional ancillary improvements include an auxiliary fire hydrant system, stormwater detention facilities, a perimeter block wall, landscaping, containers for storing spare parts a nd equipment, and an operational and maintenance building. The storage containers for spare parts and equipment are proposed along the south ern property line . The 1,200 square -foot operation and maintenance building, along with 4 parking spaces, is located near the center of the site toward the northern property line. Although only 4 parking spaces are provided on -site, work trucks will generally be parked next to the equipment being serviced and the parking provided is adequate.

In addition, an on-site substation is proposed at the southeastern portion of the project site.

Landscaping and Walls
The project has a landscape coverage of 12.9%, which exceeds the minimum landscape coverage requirement of 10%. Drought tolerant landscaping comprised of eight different tree species, shrubs and groundcover are provided within a 49 -foot-wide landscape frontage along Benson Avenue and a 54-foot-wide landscape frontage along Oaks Avenue. Street trees will be planted throughout the development and extend beyond the project boundary along the west side of Oaks Avenue, providing a continuous connection to the existing sidewalk to the south.

Many existing on-site trees are proposed to be removed as part of the construction project. An arborist report was submitted on August 28, 2026, identifying a total of 84 trees. Only 12 of the 84 trees are proposed to be protected in place, including five oak trees along Oaks Avenue. A slight jog in the sidewalk is proposed along Oaks Avenue to preserve the five existing oak trees.

A 10-foot-high decorative block wall with 24-inch square decorative pilasters spaced every 100 feet will be installed in areas visible from public view. In areas not visible from public view, a 10 - foot-high block wall will be installed to enclose the project site.

Special Conditional Use Permit
The proposed BESS facility is classified as major utility per the Zoning Code, which requires a Special Conditional Use Permit (SCUP) in the M2 zoning district, according to Chino Municipal Code Section 20.07.030. The facility is designed to receive and deliver energy 24 hours a day, 365 days a year. Electrical energy would be transferred from the existing regional power grid to the project for storage and from the project to the grid when additional electricity is needed. The project would provide additional capacity for the grid by storing energy during periods of low demand and delivering energy during periods of peak demand. The facility would be staffed by 4 to 7 full-time employees on -site Monday through Friday from 7:00 a.m. to 4 p.m., and on weekends and holidays as needed. In addition, qualified technicians will periodically inspect the facility and perform maintenance to ensure safe and reliable operations.

Battery Energy Storage System (BESS) Operations
4926
PLANNING COMMISSION MEETING DATE: JULY 15, 2026
TITLE: PL25-0085 (SPECIAL CONDITIONAL USE PERMIT), PL25 -0086 (SITE APPROVAL)

AND DEVELOPMENT AGREEMENT
PAGE: 5

The proposed project would utilize a modular , containerized BESS consisting of free-standing enclosures approximately 10 feet in height, 20 feet in length, and 8 feet in width. Each enclosure would contain battery packs mounted on racks, a battery management system (BMS), fire detection systems, a power conversion system (PCS), and associated electrical equipment within a specialized, steel-framed, non-occupiable container. The system would comply with all applicable development and safety regulations, including the City’s Zoning Code, California Building Code, and California Fire Code.

Each BESS enclosure includes a PCS, which manages the f low of electricity between the regional power grid and the battery storage system. In simple terms, the PCS converts electricity so it can be stored in the batteries and then converted back when it is needed. When electricity is stored, the PCS converts it from alternating current (AC) to direct current (DC).

When electricity is discharged back to the grid, the PCS converts it from DC to AC so it can be used by homes and businesses. The PCS units are fully enclosed, self -contained systems that operate automatically without on-site staff. They are monitored and controlled r emotely and include shutoff controls for emergencies or maintenance.

Medium Voltage Transformers (MVTs) are used to adjust the voltage of electricity within the project site so it can be efficiently transmitted between equipment. Specifically, the MVTs convert electricity from the PCS to a medium voltage level, which allows it to move more efficiently through the site’s electrical collection system. All electrical equipment associated with the MVTs would be enclosed within its own separate enclosure to ens ure protection from environmental conditions and safe operations.

The on -site substation serves as the primary connection point between the BESS and the regional power grid. Its primary function is to adjust the voltage of electricity so it can safely move between the grid and the batteries. The substation includes v arious steel support structures and electrical equipment necessary for operation, including an H -frame, turning structure and riser pole, all of which support the 230 -kV transmission line. The H-frame is approximately 65 feet tall and the turning structure is approximately 105 feet tall, both setback 135 feet from Oaks Avenue. The riser pole is approximately 90 feet tall and setback 60 feet from Oaks Avenue. Additional equipment is proposed with heights ranging from approximately 22 feet to 39 feet. A control building is also proposed as part of the substation, which would house equipment used to monitor and operate the system, measure energy use, and communicate with the electrical utility and g rid operator. The facility is operated remotely, with on -site equipment available for monitoring and emergency shutoff if needed.

Fire Detection and Protection System
The project includes multiple fire protection features designed to detect, prevent, and respond to potential fire incidents. Fire detection systems would be installed throughout the site and within each battery enclosure. Each enclosure would be constructe d to meet California Fire Code requirements and include built-in safety systems.

Each battery enclosure is equipped with a battery management system (BMS) that continuously monitors the condition of the battery cells and operates 24 hours a day. The syste m can detect abnormal conditions and automatically shut down the affected unit to reduce potential hazards.

Each enclosure also includes a fire alarm control panel that identifies the specific unit involved and notifies first responders. All battery enclos ures would be tested and certified by Underwriters Laboratories (UL) to meet strict safety standards for battery systems, fire protection and system controls. Each enclosure is designed to prevent a fire from spreading to 5927
PLANNING COMMISSION MEETING DATE: JULY 15, 2026
TITLE: PL25-0085 (SPECIAL CONDITIONAL USE PERMIT), PL25 -0086 (SITE APPROVAL)

AND DEVELOPMENT AGREEMENT
PAGE: 6

adjacent units. As part of the cer tification process, the enclosures undergo rigorous testing, including fire testing, to ensure safety performance
Chino Valley Fire District (CVFD) has reviewed the project and has indicated no concerns with the requested SCUP, as conditioned. The CVFD has further stated that the project will be designed, installed, operated, and maintained in accordance with all applicable state and local regulations. In addition, the applicant is required to submit fire protection and emergency access plans to the CVFD for review and approval.

Development Agreement
The applicant has worked with City staff to enter into a Development Agreement (DA) with the City for certain development rights and timing for the project. The City has agreed to make reasonable efforts to i ssue demolition permits for the existing buildings on the property by July 22, 2026, issue the grading permit by September 1, 2026, and issue building permits by December 1, 2026. In exchange, the City will receive a community benefit for meeting these timing requirements. Specifically, the Applicant will provide a Community Benefit Payment to the City of $3,000,000 within 30 days of building permit issuance for the project and $3,000,000 within 30 days of the issuance of a certificate of occupancy for th e project. Additionally, the Applicant will designate the City as the point of sale for the purchase of all taxable items in connection with the development, construction and operation of the project, guaranteeing that the City receive at least $4,000,0 00 in combined project sales and use tax revenue and Development Impact Fees (DIF). The Applicant will also make reasonable efforts to target local residents for employment related to the construction, operation and maintenance of the project.

State law and the City’s Zoning Code require that the Planning Commission hold a public hearing to consider the DA and then make a recommendation to the City Council regarding whether the provisions of the agreement are consistent with the General Plan. The City Council is responsible for final approval of the DA.

Public Outreach
The applicant conducted outreach to properties within approximately two -thirds of a mile of the project site, generally bounded by Benson Avenue, Mountain Avenue, Schaefer Avenue, and Edison Avenue. Between June 3, 2026, and June 5, 2026, project represent atives canvassed the area, knocking on 812 residences and speaking directly with 190 households.

Approximately 75 invitation flyers for a neighborhood meeting were distributed . Additional interested individuals were directed to the Chino Valley Chamber of Commerce website for event information. The Chamber also supported outreach efforts by notifying its 777 registered members and publishing an advertisement in the Chino Champion a week prior to the event.

The applicant hosted a neighborhood meeting on June 8, 2026, at the Chino Valley Chamber of Commerce in an open house format. The meeting was structured with informational stations, each displaying project materials, where attendees could ask questions and provide comments directly to project representati ves and technical experts. Approximately 20 people attended the meeting, including an estimated three to four nearby residents, with the remaining attendees consisting primarily of Chamber members. Attendees asked questions regarding project operations, th e facility’s role in supporting the local power grid, and potential environmental impacts. Fire safety was a primary topic of discussion, given recent incidents at industrial facilities in Southern California. A third -party fire safety expert was present t o address these concerns and explained the differences between the proposed project’s safety features and design standards and those of older battery storage technologies. 6928
PLANNING COMMISSION MEETING DATE: JULY 15, 2026
TITLE: PL25-0085 (SPECIAL CONDITIONAL USE PERMIT), PL25 -0086 (SITE APPROVAL)

AND DEVELOPMENT AGREEMENT
PAGE: 7

Public Noticing
A 10-day notice was mailed to all property owners within a 300 -foot radius of the project site. In addition, a notice was published in the Chino Champion on July 4, 2026 . In response to the public notice, no comments have been received. The notice meets legal noticing requirements.

ENVIRONMENTAL REVIEW
The proposed project has been determined to be within the scope of the previously certified 2045 General Plan Update Environmental Impact Report (EIR) (State Clearinghouse No. 202409083), adopted on September 2, 2025. The EIR adequately describes the envir onmental effects of the proposed project for the purposes of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15183. The proposed project is consistent with the land use designation, and applicable policies established by the City’s General Plan, and underlying zoning, all of which were evaluated in the certified EIR. Pursuant to Section 15183(b), a focused evaluation of the development was conducted and the analysis concluded that the proposed project would not result in any new or more severe significant environmental impacts beyond those identified in the certified General Plan EIR. The project is also subject to uniformly applicable development policies and mitigation measures identified in the 2045 General Plan Update EIR, which would reduce potential impacts to less than significant levels.

Accordingly, pursuant to CEQA Guidelines Section 15183, no additional environmental review is required.

Attachments: Resolution PC 2026-016
Resolution PC 2026-019
Plans

7929
RESOLUTION NO. PC2026-016

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

CHINO, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL

APPROVAL OF A DEVELOPMENT AGREEMENT BY AND BETWEEN

THE CITY OF CHINO AND DIRAC PROJECT LLC, AND MAKING
FINDINGS OF GENERAL PLAN CONSISTENCY.

WHEREAS, the City of Chino (“City”) Municipal Code (“CMC”) section 20.23.070 provides for the Planning Commission’s (“Commission”) consideration of development agreements, as permitted by California Government Code (“Govt. Code”) section 65864 et seq.; and

WHEREAS, Dirac Project LLC (“Applicant”) desires to enter into a statutory development agreement to vest certain land use entitlements and to allow the Applicant to construct and operate a 400 -megawatt (MW) battery energy storage system (BESS) on a 13.89-acre property in the General Industrial (M2) zoning district located at 13925 Benson Avenue, 13822 Oaks Avenue, and 13910 Oaks Avenue (APNs: 1021 -121-05, 1021-211-02, and 1021-211-05) (“Project”); and

WHEREAS, concurrently with the adoption of this resolution, the Planning Commission duly considered and approved PL25-0085 (Special Conditional Use Permit) and PL25-0086 (Site Approval) for the construction of the Project; and

WHEREAS, the City proposed to enter into the Development Agreement substantially in the form attached hereto as Exhibit “A”, and incorporated herein by this reference (“Development Agreement”), with the Applicant to facility the development of the Project; and

WHEREAS, the DA Ordinance and Sections 65864 -65859.5 of the Govt. Code authorize the City to enter into development agreements with any person having a legal or equitable interest in real property and require the planning agency of the City to find the proposed development agreement to be consistent with the policies and programs of the City’s General Plan; and

WHEREAS, the proposed Development Agreement and the construction of the Project has been determined to be within the scope of the previously certified 2045 General Plan Update Environmental Impact Report (EIR) (State Clearinghouse No. 202409083), adopted on September 2, 2025. The EIR adequ ately describes the environmental effects of the proposed project for the purposes of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15183. The proposed project is consistent with the land use designation, and applicabl e policies established by the City’s General Plan, and underlying zoning, all of which were evaluated in the certified EIR. Pursuant to Section 15183(b), a focused evaluation of the development was conducted and the analysis concluded that the proposed project would not result in any new or more severe significant environmental impacts beyond those 8930
RESOLUTION NO. PC2026-016

identified in the certified General Plan EIR. The project is also subject to uniformly applicable development policies and mitigation measures identified in the 2045 General Plan Update EIR, which would reduce potential impacts to less than significant levels.

Accordingly, pursuant to CEQA Guidelines Section 15183, no additional environmental review is required; and

WHEREAS, pursuant to California Government Code Sections 65867 and 65090, the City on July 4, 2026, published a legal notice indicating the public hearing to be held by the Planning Commission on July 15, 2026;

WHEREAS, the Planning Commission considered the provisions of the Development Agreement at a public hearing on July 15, 2026, and all interested parties were given an opportunity to be heard regarding the Development Agreement; and

WHEREAS, all other legal prerequisites to the adoption of this Resolution h ave occurred.

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. Pursuant to the Government Code Section 65864 through 65869.5 and in light of the full record before it including the staff report (and all attachments), and all evidence and testimony heard at the public hearing for this item, and in light of all evidence and testimony provided in conne ction with the Applicant’s Special Conditional Use Permit (PL25 -0085) and Site Approval (PL25-0086) applications, the Planning Commission hereby makes the following findings:

(1) The Development Agreement (DA) is consistent with the General Plan in that it facilitates the development of a battery energy storage system within an area designated and zoned for industrial and utility-related uses. The Project is consistent with General Plan Goal and Policies INF -6, which calls for the City of Chino to provide reliable energy services to serve new and existing development. The Project would enhance grid reliability by storing energy during periods of low demand and delivering energy during periods of peak demand, thereby supporting the City’s objective of maint aining a stable and resilient energy supp ly. In addition, t he DA provides substantial public benefits, including community benefit payments, generation of sales and use tax revenue, and Development Impact Fees (DIF) to support public services and infrastru cture, as well as provisions to promote local employment opportunities. Collectively, the DA advances General Plan goals related to land use compatibility, infrastructure reliability, economic development, fiscal sustainability, and community investment.

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RESOLUTION NO. PC2026-016

(2) The Development Agreement is consistent with and furthers a number of goals and objectives under the General Plan , including Policy ED -4 (Community First) and Policy ED-6 (Fiscal Responsibility). The DA supports community-focused investment by facilit ating the development of critical energy infrastructure that provides long -term value and promotes economic opportunities, including local employment during construction and operations.

Additionally, the DA generates substantial revenue to support communit y well-being through community benefit payments, sales and use tax revenue, and DIF, thereby advancing the City’s fiscal sustainability objectives.

(3) The Development Agreement constitutes a lawful, present exercise of the City’s police power and authority under the Govt. Code and the City’s DA Ordinance.

C. Based upon all oral and written reports and presentations made by City staff and members of the public, including any attachments and exhibits, the Planning Commission hereby finds that the Development Agreement is within the scope of the previously certified 2045 General Plan Update Environmental Impact Report (EIR) (State Clearinghouse No. 202409083), adopted on September 2, 2025. The EIR adequately describes the environmental effects of the proposed project for the purposes of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15183. The proposed project is consistent with the land use designation, and applicable policies established by the City’s General Plan, and underlying zoning, all of which were evaluated in the certified EIR. Pursuant to Section 15183(b), a focused evaluation of the development was conducted and the analysis concluded that the proposed project would not result in any new or more severe significant environmental impacts beyond those identified in the certified General Plan EIR. The project is also subject to uniformly applicable development policies and mitigation measures identified in the 2045 General Plan Update EIR, which would reduce potential impacts to less than significant levels.

Accordingly, pursuant to CEQA Guidelines Section 15183, no additional environmental review is required.

D. Based on the entire record before the Planning Commission and all written and oral evidence presented to the Planning Commission, the Planning Commission recommends that the City Council of the City of Chino adopt an uncodified ordinance approving the Development Agreement substantially in the form set forth in Exhibit “A” with any minor modifications or changes approved or recommended by the City Attorney or the City Manager.

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

10932
RESOLUTION NO. PC2026-016

PASSED, APPROVED, and ADOPTED this 15th day of July 2026.

PLANNING COMMISSION CHAIRPERSON

ATTEST:

SECRETARY, PLANNING COMMISSION

State of California )
County of San Bernardino ) §
City of Chino )

I hereby certify the foregoing Resolution was duly adopted by the Chino Planning Commission at a meeting held on the 15th day of July 2026 and entered in the minutes of said Commission.

AYES: COMMISSIONERS:

NOES: COMMISSIONERS:

ABSENT: COMMISSIONERS:

SECRETARY, PLANNING COMMISSION
Attachment:

Exhibit “A” – Development Agreement
11933

PLANNING COMMISSION DRAFT
01225.0080 2122441.8 1
Recording Requested by And
When Recorded Return to:

CITY OF CHINO
13220 Central Avenue
Chino, CA 91710
Attn: City Clerk

[Exempt From Recording Fee Per Gov. Code § 6103]
DEVELOPMENT AGREEMENT NO. 01-2025

This Development Agreement (hereinafter “ Agreement” or “ DA”) is entered into this ____ day of ____________, 2026, by and between the City of Chino, a California municipal corporation (hereinafter “ City”), and Dirac BESS LLC, a Delawa re limited liability company, together with subsidiaries, successors and assigns, collectively hereinafter “Developer”). The City and Developer shall be referred to jointly within this Agreement as the “Parties” and individually as a “Party.”

RECITALS

A. The Development Agreement Statute. California Government Code § 65864 et seq . (“Development Agreement Law ”) authorizes cities to enter into binding development agreements with persons having a legal or equitable interest in real property for the development of such property, all for the purpose of strengthening the public planning process, encouraging private participation, and comprehensive planning and identifying the economic costs of such development.

B. The Property. Developer is under contract to purchase or is the optionee on a ground lease for the 13.89 acres of real property within the M2 (General Industrial) zoning district, located at 13925 Benson Avenue and 13822 Oaks Avenue, Chino, Assessor’s Parcel Numbers 1021-121- 05, 1021-211-02, and 1021-211-05, legally described and depicted in Exhibit “A” and Exhibit “B” attached hereto and incorporated herein (the “ Property”). The current owners of the Property consent to the recording of this Development Agreement as se t forth in the consents attached hereto1.

C. Development Application. On January 16, 2025, Developer filed a development application with the City seeking approval of this Development Agreement, along with a Project (as defined herein) description for applic able CEQA (as defined herein) review, Special Conditional Use Permit and Site Approval (collectively, the “Development Application”).

D. The Project. As further described in Exhibit “C” attached hereto and incorporated herein, the project encompasses a 400 Megawatt (MW) BESS, consisting of approximately 88,881 square feet of battery units within which battery enclosures, inverter enclosures, and medium voltage transformers are arranged, a collector substation of approximately 54,774 square feet, and

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2 approximately 160 square feet of auxiliary transformer pads (collectively, the “Project”). The Project is proposed to be largely unmanned and operate 24 hours per day, seven days a week, and include a 1,200 square foot building with space for spare parts and a sma ll office for use during periodic inspections and maintenance. The Project is anticipated to require a four -to- seven person crew for site operations and maintenance during the week, and additional maintenance visits more sporadically. The crew would normally consist of one operator, one contracted field engineer, and two -to-five mechanical or electrical technicians. The Project would be additionally monitored remotely,
E. CEQA. On September 2, 2025, the City Council of the City of Chino adopted Resolution No. 2025-055, certifying an Environmental Impact Report (“ GP EIR ”) (SCH# 2024090833), adopting a mitigation monitoring and reporting program, and a statement of overriding considerations for the City’s 2045 General Plan, which encompasses the Property. The City, as the Lead Agency, has reviewed the Project and determined it was adequately assessed within the GP EIR. On _________, 2026, the Planning Commission of the City reviewed the Project and the CEQA Guidelines Section 15183 Checklist and determined th at the Project is consistent with the analysis in the GP EIR, consistent with the goals, policies, and implementation measures identified in the City’s General Plan and GP EIR, found the Project exempt pursuant to CEQA Guidelines Section 15183 , approved the Special Conditional Use Permit and Site Approval for the Project and recommended approval of this Agreement to the City Council. On __________, 2026, the City Council reviewed the Planning Commission’s decision and concurred that the Project is exempt from additional environmental review pursuant to Section 15183 insofar as the Project is consistent with the development density established by existing zoning, General Plan policies for which the GP EIR was certified, and that no subsequent GP EIR, negative declaration, or addendum is required. On ___, 2026, the City Council passed the Adopting Ordinance adopting the Agreement following the second reading of the Adopting Ordinance.

F. Orderly Development; Public Bene fits. The City Council finds that this Agreement is in the best public interest of the City and its residents, adopting this Agreement constitutes a present exercise of the City’s police power, and this Agreement is consistent with the City’s General Plan and the Chino Zoning Code. This Agreement and the proposed Project will achieve a number of City objectives, including the orderly development of the Property and the provision of public benefits, or funds therefor, to the City and its residents.

AGREEMENT
NOW, THEREFORE, in consideration of the above recitals (“Recitals”) and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:

1. GENERAL DEFINITIONS.

In addition to those terms defined within the above Recitals and elsewhere within this Agreement, the following terms shall bear the meanings set forth below:

1.1 “Adopting Ordinance” means Ordinance No. XXXX approving this Agreement, introduced on _______, 2026, and adopted on _____, 2026. 13935

3 1.2 “Agreement” shall have the meaning set forth in the opening paragraph of this Agreement.

1.3 “Annual Review” shall have the meaning set forth in Section 6.1.

1.4 “Applicable Laws” means, collectively, the following:
(a) The Project Development Approvals.
(b) The Existing Land Use Regulations.
(c) Subsequent Development Approvals.
(d) Those Subsequent Land Use Regulations to which Developer may agree to in writing.

1.5 “Approval Date” means the date on which the City Council conducted the second reading of the Adopting Ordinance.

1.6 “BESS” means battery energy storage systems.

1.7 “CDTFA” means the California Department of Tax & Fee Administration.

1.8 “City” shall have the meaning set forth in the opening paragraph of this Agreement.

1.9 “CEQA” means the California Environmental Quality Act (Public Resources Code § 21000 et seq.).

1.10 “City Council” means the City Council of the City of Chino.

1.11 “CMC” means the Chino Municipal Code.

1.12 “Community Benefit Payment(s)” shall have the meaning set forth in Section 3.1.

1.13 “Conditions of Approval ” means all conditions imposed in the Project Development Approvals.

1.14 “COO” shall have the meaning set forth in Section 3.1.ii.

1.15 “Developer” shall have the meaning set forth in the opening paragraph of this Agreement.

1.16 “Development” means the improvement of the Property for its intended use and for the purposes of completing the structures, improvements, and facilities comprising the Project including, but not limited to: grading; the construction of infrastructure related to the Project whether located within or outside the Property; the construction of buildings and structures; and the installation of landscaping and other facilities and improvements necessary or appropriate for the Project, and the operation, maintenance, repair, or reconstruction of any building, structure, improvement, landscaping or facility after the construction and completion thereof. 14936

4 1.17 “Development Plan ” means Develope r’s plan for completion of the Project in compliance with and to the full extent of the Project Development Approvals and Applicable Laws.

1.18 “DIF” shall have the meaning set forth in Section 5.8.1.

1.19 “Effective Date ” means the date on which the Adopting Ord inance becomes effective, which is thirty (30) days after the second reading of the Adopting Ordinance.2

1.20 “Exhibit” means an exhibit to this Agreement, unless otherwise specifically referenced to a different agreement or document. The following exhibits are incorporated into the Agreement by reference as though set forth in full:

Exhibit “A” Legal Description of the Property
Exhibit “B” Depiction of the Property
Exhibit “C” Project Description
Exhibit "D” Development Plans

1.21 “Existing Land Use Regulations ” are laws and regulations enacted through legislative actions of the City Council in effect on the Vested Rights Date. Existing Land Use Regulations include ordinances, laws, resolutions, codes, rules, regulations, policies, requirements, guidelines or other actions of City, including but not limited to the City’s General Plan and CMC, which affect, govern or apply to the development and use of the Property, including, without limitation, the permitted use of land, the density or intensity of use, subdivision requirements, the maximum height and size of proposed buildings, the provisions for reservation or dedication of land for public purposes, and the design, improvement, and construction standards and specifications applicable to the Project, and the City zoning map. “Existing Land Use Regulations” do not include (i) Project Development Approvals, (ii) regulations relating to the conduct of business, professions, and occupancies generally, (iii) applicable assessment district assessments, (iv) regulations for the control and abatement of nuisances, (v) health and safety regulations, or (vi) any other matter reserved to City pursuant to Article 5.

1.22 “Gen-Tie” means the Project’s 230 kilovolt (kV) generation interconnection line.

1.23 “GP EIR” shall have the meaning set forth in Recital D.

1.24 “Guaranteed Sales Tax” shall have the meaning set forth in Section 3.3.

1.25 “Mortgage” means a mortgage, deed of trust, or other security instrument encumbering the Property.

1.26 “Mortgagee” means a mortgagee of a mortgage, a beneficiary under a deed of trust or any other security device, a lender, or any party providing tax equity financing in connection with the Project, and each of their respective successors and assigns.

1.27 “Project” shall have the meaning set forth in Recital C.

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5 1.28 “Project Development Approvals ” means all Project -specific approvals, including, but not limited to, this Agreement, the Special Conditional Use Permit, Certificate of Occupancy and Site Approval, with respective Conditions of Approval, maps, permits, site plans, design guidelines, variances, conditional use permits, grading, building, and other similar permits, environmental assessments, including but not limited to, any environmental impact reports, CEQA exemptions (statutory or categorical), consi stency evaluations/checklists and negative declarations, and any amendments, addenda or modifications to those matters, which were applied for by Developer and are required or permitted by the Applicable Laws in order to complete the Project, provided that those Project Development Approvals are consistent with Developer’s Vested Right, this Agreement, and the Applicable Laws. The Project Development Approvals have been or are anticipated to be approved, subject to the Conditions of Approval, prior to or in conjunction with the approval of this Agreement. “Project Development Approvals” do not include (i) rules, regulations, policies, and other enactments of general application within the City (ii) legislative enactments, other than this Agreement, or (iii) Land Use Regulations.

1.29 “Project Sales and Use Tax Revenue ” means all Sales and Use Tax revenue received by the City in connection with the development and construction of the Project, including from the purchase, sale or use of any and all materials, equipm ent, fixtures or other items by Developer or any third -party vendors or other contractors involved in the development and construction of the Project.

1.30 “Sales and Use Tax” means and includes both (i) the sales and use tax referenced in Chapter 3.16 of Titl e 3 of the CMC, or any successor thereto, and (ii) the transaction and use tax referenced in Chapter 3.18 of Title 3 of the CMC, or any successor thereto.

1.31 “Shortfall Amount” shall have the meaning set forth in Section 3.3.2.

1.32 “Subsequent Land Use Regulati ons” means those Land Use Regulations which are both adopted and effective after the Vested Rights Date.

1.33 “Subsequent Development Approvals ” means all Project Development Approvals issued subsequent to the Effective Date in connection with development of the Project, which shall include, without limitation, any changes to the Project Development Approvals.

1.34 “Vested Rights Date” shall mean thirty (30) days after the second reading of the Adopting Ordinance.

2. TERM & GENERAL COVENANTS.

2.1 Term. The term of this Agreement (the “Term”) starts on the Effective Date and shall continue for twenty -five (25) years with one (1) ten (10) year extension subject to (i) any early termination provisions described in this Agreement and (ii) extension as set forth in Section

2.6. This Agreement shall self -terminate if Developer terminates its lease agreement(s) for the Property. The ten (10) year extension shall go into effect automatically provided a default under the Agreement by Developer is not occurring and continuing at the time the initial twenty-five (25) year term expires.

2.2 Schedule and Project Completion. The City will make commercially reasonable efforts to issue demolition permit(s) by July 22, 2026, the grading permit by September 1, 2026, 16938

6 and building permits by December 1, 2026, so that Developer shall commence construction of the Project. Developer shall complete the Project, including passing final inspection, by no later than twenty-four (24) months from the date of building permit issuance, subject to extension as set forth in Section 2.6 or by mutual consent of Developer and the City Development Services Director. To allow Developer to complete the Project within the aforementioned time without delays from Chino Valley Fire District’s review of the building permit, the City will not condition issuance of demolition, grading, or fencing permits, on issuance of the Project’s building permit. In addition, to allow Developer to complete the Project within the aforementioned time without delays, the City shall allow the Developer to begin processing applications for demolition and grading after the Special Conditional Use Application is deemed complete if Developer (i) executes an at -risk acknowledgement letter confirming that all work and costs are undertaken at the applicant’s sole risk and that no vested rights or entitlement approvals are created by the submittal and review process and (ii) the rough grading plan submittal includes rough grading plan sheets, erosion and sediment control plan sheets, a geotechnical report adequate to support the proposed rough grading work and associated earthwork recommendations (understanding that a supplemental geotechnical report may be required prior to the issuance of a precise grading permit), and applicable plan check fees. The City shall allow the Developer to begin submitting applications for fencing and building permits after Planning Commission approval. Developer hereby explicitly acknowledges and agrees that Developer bears all costs and risk rela ted to processing these ministerial permit applications concurrent with the Project’s discretionary approvals and that City Council, Planning Commission or other approval authority shall not be limited in any way from denying or conditioning the Project’s discretionary approvals in a manner inconsistent with the applications for the ministerial permit approvals.

2.3 Binding Effect of Agreement. From and following the Effective Date, actions by the City and Developer with respect to the development of the Prop erty for completion of the Project, including actions by the City on applications for Subsequent Development Approvals affecting the Property shall be subject to the terms and provisions of this Agreement.

2.4 Agreement Runs with the Land. This Agreement shall be recorded and shall run with the land. Pursuant to Government Code Section 65868.5, the burdens of this Agreement and each of its provisions shall be binding upon, and the benefits of this Agreement shall inure to all successors in interest to the Par ties, including, but not limited to, all parties that enter into lease agreements with Developer for possession of any part of the Property.

2.5 Covenant Against Discrimination . Developer covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, sexual orientation or gender preference, national or igin, or ancestry in the performance of this Agreement. Developer shall take affirmative action to ensure that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, sexual orientation or gender preference, national origin, or ancestry.

2.6 Tolling. Notwithstanding anything to the contrary contained in this Agreement, the time periods set forth in Sections 1.19, 2.1 and 2.2 shall be tolled and extended on a day -for- day basis for the duration of any ( i) third -party litigation against the Project Development Approvals or this Agreement, (ii) delay in commencement or performance of construction or operation of the Project occasioned by a moratorium on the issuance of any of the Project 17939

7 Development Approvals, (iii) delay in commencement or performance of construction or operation of the Project occasioned by an event of Force Majeure (as defined in Section 13.10) (each a “Tolling Event”). If, and each time a Tolling Event occurs or ends, Developer shall deliver written notice to the City in accordance with Section 13.2 as soon as reasonably practical after Developer receives actual notice of the occurrence or cessation of the Tolling Event, specifying the date of the occurrence or cessation of the Tolling Event. Notices of occurrence of Tolling Events shall be subject to approval of the Development Services Director, not to be unreasonably withheld, conditioned or delayed, in order for the tolling associated with the Tolling Event to be effective (although such tolling may take effect retroactively upon such Development Services Director approval).

3. DEVELOPER’S OBLIGATIONS

3.1 Community Benefit. Developer shall tender to the City Treasurer the following payments to be utilized by the City, at the City’s sole discretion, for future community public benefits to the City overall (each, a “ Community Benefit Payment ,” and collectively, the “Community Benefit Payments”). Each Community Benefit Payment shall be non -refundable once paid and shall be paid upon the Project reaching the following respective milestones:
i. Three Million Dollars ($3,000,000) within thirty (30) days of building permit issuance for the Project.
ii. Three Million Dollars ($3,000,000) within thirty (30) days of final certificate of occupancy (“COO”) issuance for the Project. iii. Any Shortfall Amount owed to the City pursuant to Section 3.3 of this Agreement within the time period described in Section 3.3 of this Agreement.

3.2 Community Benefit – Employment Outreach for Local Residents . A goal of the City with respect to this Project and other major projects within the City is to foster employment opportunities for Chino residents. To that end, Developer covenants that with respect to the construction, operation and maintenance of the Project, Developer shall make reasonable efforts to cause all solicitations for full or part -time, new or replacement, employment relating to the construction, operation and maintenance of the Project to be advertised in such a manner as to target local City residents. Developer shall also notify the City of jobs available at the Project such that the City may inform City residents of job availability at the Project. Developer will inform any new owner of the Project (as set forth in Section 11) or new l essee of the Property of the provisions of these requirements. Nothing in this paragraph shall require Developer to offer employment to individuals who are not otherwise qualified for such employment. Without limiting the generality of the foregoing, the provisions of this Section 3.2 are not intended, and shall not be construed, to benefit or be enforceable by any person whatsoever other than City or to require Developer to violate any labor law.

3.3 Community Benefit – Guaranteed Project Sales & Use Tax Rev enue.

Developer acknowledges that one of the material inducements for the City’s approval of this Agreement is the expectation that the Project will generate substantial Sales and Use Tax Revenue 18940

8 for the City.3 Developer therefore covenants and agrees that the City shall receive a total of at least Four Million Dollars ($4,000,000.00) in combined DIF and Project Sales and Use Tax Revenue (“Guaranteed Sales Tax”).

3.3.1. Thirty (30) days following the last to occur of (i) the end of the first full City fiscal year following issuance of the COO for the Project or (ii) the date that CDTFA data reflecting Project -related allocations becomes available to the City, the City shall provide Developer with an accounting, (a) identifying the aggregate amount of all Project Sales and Use Tax Revenue and DIF received by the City to date in relation to the Project, and (b) to the extent not prohibited by law, a summary of the information relied upon by the City in making its determination. After the information becomes available to Developer, Developer shall supply the City with information to assist the City in reasonably determining the Project Sales and Use Tax Revenue. Such information may include , at City’s request, (i) sales and use tax returns filed with the CDTFA by Developer or its contractors, (ii) invoices relating to Developer’s or its contractors’ purchase of taxable items in connection with the development, construction or operation of the Project, (iii) business records reflecting payment of sales or use tax to vendors or the CDTFA relating to purchase or use of taxable items in connection with the development, construction or operation of the Project, and/or (iv) names of contractors, vendors, or other parties who may remit sales or use tax to the CDFTA in connection with the development, construction or operation of the Project. For the avoidance of doubt, nothing in this Section 3.3.1 shall require Developer to provide each of the items enumerated in this subsection or prohibit Developer from providing addit ional information as contemplated by Section 3.3.2.

3.3.2. If the City determines that the amount of Project Sales and Use Tax Revenue and DIF received by the City is less than the Guaranteed Sales Tax, the City shall invoice Developer for the difference (i.e., $4,000,000.00 less the amount of Project Sales and Use Tax Revenue and DIF actually received) (the “Shortfall Amount”).

Developer shall have thirty (30) days after receipt of such invoice to either (i) remit payment to the City Treasurer of the Shortf all Amount, or (ii) provide written comments or additional information to the City relevant to the City’s calculation.

The City shall consider any such information in good faith and no later than thirty (30) days following the receipt of any such informati on from Developer, the City shall notify Developer in writing whether its determination of the Project Sales and Use Tax Revenue has changed and, if so, issue a revised invoice to Developer.

Developer will remit payment to the City Treasurer within thirty (30) days of receipt of such notice or revised invoice.

3.3.3. Project Sales and Use Tax Revenue shall be deemed to have been received by the City if and to the extent the CDTFA elects to offset the payment of any such Project Sales and Use Tax Revenue against any other obligations of the City.

3.3.4.Developer further acknowledges that, should it purchase taxable items in connection with any upgrade, replacement or expansion of taxable items in

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9 connection with the operation of the Project during the term of this A greement, Developer shall continue to designate the City as the point of delivery for such taxable items for the purpose of City’s receipt of Project Sales and Use Tax Revenue.4

3.4 Financial Assurance for Decommissioning. To ensure the safe decommissioning of the Project, upon the issuance of a temporary COO or final COO, Developer or operator of the battery energy storage facility shall continuously maintain a financial assurance or security, payable to the City, in the amount equivalent to the estimated net cost of decommissioning the Project (i.e. decommissioning cost minus salvage value) and in a form required by the City and acceptable to the surety. The security may be in the form of a parent or subsidiary company guarantee, performance bond, letter of c redit, or if an alternative form of security is used, an alternative form of security approved by the City and acceptable to the surety. The financial assurance shall be maintained for the duration of the use of the Project. All costs shall be borne solely by the Developer or operator. The amount of financial assurances shall be adjusted every five (5) years to account for any increase or decrease in costs. Developer or operator shall submit an updated net cost estimate for the decommissioning of the Project to the Finance Director thirty (30) days prior to each five (5) year anniversary date of the initial financial assurances approved by the City. The Finance Director may require further revisions and/or explanation from the Developer or operator if the submission is found to be inadequate.

3.5 Community Benefit – Fire Safety Training. Developer shall pay for a third-party expert to provide a training for the Chino Valley Fire District and Chino Police Department first responders on the proper strategies for responding to a BESS safety incident.

3.6 Satisfaction of Developer Obligations. Developer’s obligations identified in Section 3 of this Agreement shall be deemed satisfied if the City does not approve the Project Development Approvals.

4. DEVELOPMENT OF THE PROPERTY.

4.1 Scope of Developer’s Vested Right . Subject to the Reservation of Authority set forth in Article 5, Developer shall have the vested right to develop the Project to the full extent permitted under the Applicable Laws as of the Vested Rights Date and compliance with this Agreement.

4.2 Effect of Agreement on Land Use Regulations . Except as otherwise provided under the terms of this Agreement, the rules, regulations and official policies governing permitted uses of the Property, the density and intensity of use of the Property, the maximum height and size of proposed buildings and structures, and the design, improvement and construction standards and specifications applicable to the Development of the Property, shall be as set forth in the Existi ng Land Use Regulations which were in full force and effect as of the effective date of the Adopting Ordinance, subject to the terms of this Agreement. If the City adopts a Subsequent Land Use Regulation against which the Developer holds a Vested Right, t he Developer may, in its sole

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10 discretion, partially waive its Vested Right in writing and be subject to the Subsequent Land Use Regulation.

4.3 Rights under State and Federal Law. Notwithstanding anything to the contrary herein, Developer shall retain all rights it has under state and federal law, including, but not limited to, Developer’s rights under Government Code Section 65865.2, which provides that subsequent discretionary actions shall not prevent development of the Property for the uses and to the density or intensity of development set forth in the Project Development Approvals.

4.4 Lesser Development. Without amending this Agreement, Developer shall have the right to elect to develop and construct upon all or any portion of the Property a Project of lesser height or building or structure size than that permitted by the Project Development Approvals provided that the Project otherwise complies with the Project Development Approvals and this Agreement. Notwithstanding anything to the contrary contained i n this Agreement, Developer may, but is not required to, develop or construct the Project.

4.5 Project Development Approvals; Subsequent Development Approvals . The Project Development Approvals for the Project may require the processing of Subsequent Development Approvals. Subject to the provisions of Section 4.7 below and Section 4.3 above, the City shall accept for processing, review, and action all applications for Subsequent Development Approvals, and such applications shall be processed in the manner for processing such matters in accordance with the Existing Land Use Regulations. Notwithstanding the foregoing, the parties acknowledge that subject to the Existing Land Use Regulations, the City is not obligated to approve any Subsequent Development Approva l, or to approve any Subsequent Development Approval with or without any particular condition. Except as limited by Developer’s Vested Right, the City reserves its full police power and this Agreement shall not prevent City from denying or conditionally approving any application for a Subsequent Development Approval.

4.6 Role of Project Development Approvals . Except as provided within this Agreement, the Project Development Approvals shall exclusively control the uses of the Property, the density or intensity of use, the maximum height and size of proposed buildings or structures, the provisions for reservation or dedication of land for public purposes, and the design, improvement, and construction standards and specifications applicable to the Project.

4.7 Moratorium. Notwithstanding any other provision of this Agreement, no future amendment of any existing City ordinance or resolution or any subsequent ordinance, resolution or moratorium, enacted either by the City Council or by voter approved initiative, that purports to impose or result in a limitation on the Project, imposed by City, shall apply to govern, or regulate the Project or development or use of the Property during the Term. In the event of any such subsequent action by City, Developer shall continue to be entitled to apply for and receive Subsequent Development Approvals in accordance with the Existing Land Use Regulations, subject only to the exercise of the City’s Reservation of Authority set forth herein.

5. CITY’S RESERVATION OF AUTHORITY.

5.1 Reservation. To the full extent permitted by law, the City expressly reserves its police power over the Project, the Project Development Approvals, and any Subsequent Development Approvals. Nothing herein shall be deemed to be a prejudgment, commitment or 21943

11 guarantee that any approvals or permits will be issued within any particular time, or with or without any particular conditions.

5.2 Uniform Codes . Developer agrees to comply with changes adopted by the International Conference of Building Officials, or other sim ilar body, as part of the then most current versions of the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, Uniform Mechanical Code, or National Electrical Code, or other such Uniform Codes incorporated into the City’s formally adopted version of the County of San Bernardino Building Code in effect at the time the initial building permit application is deemed complete, as applicable City-wide, and any Subsequent Land Use Regulations.

5.3 Emergencies. Nothing herein shall limit the City’s autho rity to promulgate emergency rules, regulations, laws, and ordinances within the City’s police power that would limit the exercise of Developer’s Vested Right (“Conflicting Emergency Regulations”), provided that the Conflicting Emergency Regulations:
(a) Result from a sudden, unexpected emergency declared by the President of the United States, Governor of California, County Board of Supervisors and applicable to incorporated areas, including the City, or the City Council; (b) Address a clear and imminent dange r, with no effective reasonable alternative available that would have a lesser adverse effect on Developer’s Vested Right;
(c) Do not primarily or disproportionately impact the development of the Project; and
(d) Are based upon findings of necessity established by a preponderance of the evidence at a public hearing.
(e) Do not impose a moratorium on siting, ownership, construction, development, use, maintenance, repair, or operation of the Project.

5.4 Laws of Other Jurisdictions. Other public agencies not subject to control by City may possess authority to regulate aspects of the Project. This Agreement does not limit the authority of such other public agencies. Therefore:
(a) Federal, state, county, and multi -jurisdictional laws and regulations with jurisdiction over the Project (the “ Additional Regulations ”), including regional impact fees, which City is legally required to enforce against the Property or the Project, except if the Additional Regulations are for the purpose of mitigating a significant or potentially significant impact that has already been mitigated pursuant to the GP EIR.
(b) If an Additional Regulation is enacted after the Vested Rights Date and prevents or precludes compliance with one or more of the provisions of this Agreement, those provisions shall be m odified or suspended as may be necessary to comply with the Additional Regulation. In that event, this Agreement shall remain in full force and effect to the extent it is not 22944

12 inconsistent with the Additional Regulation and to the extent that the suspension or modification necessitated by the Additional Regulation does not deny one of the Parties its primary benefits under this Agreement. (c) When developing the Project, Developer shall apply in a timely manner for such other permits and approvals that are lawf ully required by other governmental or quasi-governmental agencies in order to allow the Project to be constructed. City shall provide Developer reasonable cooperation in Developer’s efforts to obtain such permits and approvals. The Parties shall cooperate and use reasonable efforts in coordinating the implementation of the Development with other public agencies, if any, having jurisdiction over the Property or the Project.

5.5 Modification or Suspension by Federal or State Laws. In the event that Federal or State laws or regulations, enacted after the Vested Rights Date of this Agreement, prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such Federal or State laws or regulations, and this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provision impractical to enforce. Any such modification of the Agreement pursuant to this section shall seek alternative means to implement the original purpose of the Agreement to the maximum extent feasible.

5.6 Energy Efficient and Sustainable Building Design . All Project buildings shall promote sustainable and energy efficient practices through compliance with California Code of Regulations, Title 24 as in effect at the time of the initial building permit application is deemed complete.

5.7 Prevailing Wages. Developer’s cost of developing the Project and constructing all of the on-site and off-site improvements, if any, at or about the Property required to be constructed for the Project shall be borne by Developer. Developer is aware of the laws of the State governing the payment of prevailing wages on public projects and will comply with same and will defend, hold harmless, and indemnify City in the event Developer fails to do so. As the City is not providing any direct or indirect financial assistance to De veloper, the Project should not be considered to be a “public work” “paid for in whole or in part out of public funds,” as described in California Labor Code § 1720. Accordingly, it is believed by the parties that Developer is not required to pay prevaili ng wages in connection with any aspect of the Development or the construction of the Project as a result of the City’s approval of the Project. However, to the extent that (contrary to the parties’ intent) it is determined that Developer was required to pay prevailing wage and has not paid prevailing wages for any portion of the Project, Developer shall defend, indemnify, and hold the City, its related agencies, officers, employees, agents and assigns, harmless from and against any and all increase in cons truction costs, or other liability, loss, damage, costs, or expenses (including reasonable attorneys’ fees and court costs) arising from or as a result of any action or determination that Developer failed to pay prevailing wages in connection with the construction of the Project. City shall reasonably cooperate with Developer regarding any action by Developer hereunder challenging any determination that the Project is subject to the payment of prevailing wages. Notwithstanding the foregoing, the City reta ins the right to settle or abandon the matter without Developer’s consent as to the City’s liabilities or 23945

13 rights only, but should it do so, City shall waive the indemnification herein provided such waiver occurs prior to the issuance of any judgment in the matter. Nothing herein shall be construed to limit any obligation of the Developer or the Project to pay prevailing wages pursuant to a private agreement between the Developer or its contractors and any third parties.

5.8 Fees, Taxes, and Assessments.

5.8.1. Development Impact Fees and Processing Fees .5 Developer shall pay all development impact fees pursuant to Chino Municipal Code Chapter 3.40 (“ DIF”) in the applicable amount pursuant to Chapter 3.40 and City-wide published processing fees and charges of every kind and nature lawfully imposed by City to cover the estimated actual costs to City of processing applications for or monitoring compliance with Project Development Approvals.

5.8.2. Taxes, Licenses & Permits, User Fees, and All Other Fees & Service Charges. Except as expressly provided in this Agreement, Developer shall pay all fees and charges which are standard and uniformly-applied to similar projects in the City under Existing Land Use Regulations, which may be increased from time -to-time in accordance with cost of living or cost of construction indices or other current schedules or by other incremental means in accordance with applicable law. If any other fee or charge does not exist as of the Vested Rights Date, then the Parties agree it is a Subsequent Land Use Regulation.

5.8.3. General Charges . Nothing herein shall prohibit the application of the following, if lawfully imposed upon the Property and is a type of non-BESS-specific fee, rate, tax, assessment or charge not already addressed by Section 5.8.1 or 5.8.2 of this Agreement:

1. Developer, or Developer’s Project occupants, shall be obligated to pay any fees or taxes, and lawful increases thereof, imposed on a City-wide basis such as business license fees or taxes, sales or use taxes, transient occupancy taxes, utility taxes, and public safety taxes;

2. Developer, or Developer’s Project occupants, shall be obligated to pay any types of fees or assessments imposed on an area -wide basis and lawful increases thereof;

3. Developer, or Developer’s Project occupants, shall be obligated to pay any fees imposed pursuant to any Uniform Code, as adopted by the City; and

4. Developer, or Developer’s Project occupants, shall be obligated to pay any utility service fees and charges, including amended rates thereof, for City services such as electrical utility charges, water rates, and sewer rates.

5.9 Inconsistencies. It is expressly agreed that in the event of any clear and explicit conflict between the provisions or conditions of the GP EIR, CEQA Guideline Section 15183, the Existing Land Use Regulations, this Agreement, and the Project Development Approvals (other

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14 than the GP EIR and CEQA Guideline Section 15183), then the provisions or conditions of the following shall prevail in this order:
(a) GP EIR and CEQA Guideline Section 15183;
(b) this Agreement;
(c) Project Development Approvals (other than the GP EIR, CEQA Guideline Section 15183, and this Agreement); and
(d) Existing Land Use Regulations
For the avoidance of doubt, the Parties agree that, when determining whether a clear and explicit conflict exists between the provisions or conditions of the documents listed above in this Section 5.9, the fact that one provision or condition may be more d etailed than another provision or condition relating to the same subject matter, or that a provision or condition related to a given subject matter may be contained in one document whereas another document is silent on the subject matter, does not, on its own, create a clear and explicit conflict. In such circumstances, the provision or condition in each document shall be read to be consistent with one another.

5.10 Exercise of Project Development Approval. Notwithstanding anything herein or in the CMC to the contrary, pursuant to Section 65865.2 of the Development Agreement Law, Project Development Approvals shall not expire during the term of this Agreement on the grounds that Developer failed to exercise the Project Development Approvals within a specified p eriod of time after their approval.

6. ANNUAL REVIEW.

6.1 Timing of Annual Review . Pursuant to Government Code Section 65865.1, at least once during every twelve (12) month period of the Term, City shall review the good faith compliance of Developer with the terms of this Agreement (“Annual Review”). No failure on the part of City to conduct or complete an Annual Review as provided herein shall have any impact on the validity of this Agreement, nor shall it be deemed a breach on the part of City or Developer.

The cost of the Annual Review shall be borne by Developer and Developer shall pay the actual and reasonable costs incurred by the City for such review.

6.2 Special Review. The City may, in its sole and absolute discretion, order a special review of compl iance with this Agreement at any time at City’s sole cost (“ Special Review”).

Developer shall cooperate with the City in the conduct of such Special Reviews.

6.3 Standards for Annual Review . During the Annual Review, Developer shall demonstrate good faith compliance with the terms of this Agreement. “Good faith compliance” shall be established if Developer is in substantial compliance with the material terms and conditions of this Agreement.

6.4 Procedure. Each Party shall have a reasonable opportunity to assert matters which it believes have not been undertaken in accordance with the Agreement, to explain the basis for such assertion, and to receive from the other Party a justification of its position on such matters.

The procedure for an Annual Review or Special Review shall be as follows:
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15 (a) As part of either an Annual Review or Special Review, within ten (10) business days of a request for information by the City, the Developer shall respond and/or deliver to the City all information and supporting documents reasonably requested by City (i) regarding the Developer’s performance under this Agreement demonstrating that the Developer has complied in good faith with the terms of this Agreement, and (ii) as required by the Applicable Laws.
(b) The Development Services Director, or his/her designee, shall prepare and submit to Developer a written report on the performance of this Agreement and identify any perceived deficiencies in Developer’s performance of this Agreement. The Developer may submit written responses to the report and Developer’s written response shall be included in the Development Services Director’s report. The Development Services Director may then meet and confer with the Developer regarding the Developer’s written response. If the Development Ser vices Director determines, in light of Developer’s response and/or the meet and confer, that the Developer has substantially complied with the terms and conditions of this Agreement, the Annual or Special Review shall be concluded.
(c) If the Development Serv ices Director, following review of Developer’s written responses and a meet and confer between Development Services Director and Developer, continues to perceive any deficiencies in Developer’s performance of this Agreement and reasonably determines that Developer will not rectify the perceived deficiencies, then a public hearing shall be held before the City Council at which the Council will review the Development Services Director’s report. The report to Council shall be made at a regularly -scheduled City Council meeting occurring as soon as possible, subject to the requirements of the Brown Act, after the commencement of the Annual or Special Review process outlined in this Section 6.4. If the City Council finds and determines, based on substantial evidence, that the Developer has not substantially complied with the terms and conditions of this Agreement for the period under review, the City may declare a default by the Developer in accordance with Article 7. (d) Neither party hereto shall be deemed in breach if the reason for non - compliance is due to a “force majeure” as defined in, and subject to the provisions of, Section 13.10.

6.5 Certificate of Agreement Compliance. If, at the conclusion of an Annual Review or a Special Review, Developer is found to be in compliance with this Agreement, City shall, upon written request by Developer, issue a Certificate of Agreement Compliance (“ Certificate”) to Developer stating that after the most recent Annual Review or Special Review and based upon the information known or made known to the Development Services Director, Planning Commission, and City Council that (i) this Agreement remains in effect and (ii) Developer is in compliance.

The Certificate, whether issued after an Annual Review or Special Review, shall be in recordable form, shall contain information necessary to communicate constructive record notice of the finding of compliance. Developer shall at its cost record the Certificate with the County Recorder. 26948

16 Additionally, Developer may at any time request from the City a Certificate stating, in addition to the foregoing, which obligations under this Agreement have been fully satisfied with respect to the Property, or any lot or parcel within the Property.

6.6 Review Process Not a Prerequisite to Declaring a Default . Neither the Annual Review nor Special Review procedure is a prerequisite to either party declaring a default and initiating the default and cure procedure in Article 7. In other words, either Party may declare a default at any time without first undertaking the Annual Review or Special Review process.

6.7 Public Hearings. The public hearing prescribed by Section 6.4 is independent of, and in addition to, any further hearing procedures relating to defaults and remedies prescribed in Article 7 below. Thus, if the City Council finds that the Developer has not substantially complied with the terms and conditions of this Agreement as part of a review process pursuant to Section

6.4 and determines to declare a default, the City Council is still required to follow the notice/cure process (Section 7.2) and the termination hearing process ( Section 7.4) before terminating this Agreement.

7. DEFAULTS AND REMEDIES.

7.1 Remedies Available . The parties acknowledge and agree that other than the termination of this Agreement pursuant to this Article 7 , specific performance, injunctive and declaratory relief are the only remedies available for the enforcement of this Agreement and knowingly, intelligently, and willingly waive any and all other remedies otherwise available in law or equity. Accordingly, and not by way of limitation, and except as otherwise provided in this Agreement, each Party shall not be entitled to any money damages from the other Party by reason of any default under this Agreement (other than specific performance, injunctive and declaratory relief to perform any monetary obligation hereunder). Further, Developer shall not bring an action against City nor obtain any judgment for damages for a regulatory taking, inverse condemnation, unreasonable or unconstitutional exactions, reduction in value of property, delay in undertaking any action, or asserting any other liability for any matter or for any cause which existed or which Developer knew of or should have known of prior to the time of entering into this Agreement, Developer’s sole remedies being as specifically provided above. Likewise, City shall not bring an action against Developer nor obtain any judgment for damages for any action or for asserting any other liability for any matter or cause related to the Project and within the scope of this Agreement which existed or which the City knew of or should have known of prior to the time of entering into this Agreement, City’s so le remedies being as specifically provided above. City and Developer each acknowledge that such remedies are adequate to protect their respective interests hereunder and the waiver made herein is made in consideration of the obligations assumed by the respective Parties hereunder.

7.2 Declaration of Default & Opportunity to Cure.

7.2.1 Rights of Non-Defaulting Party after Default. The Parties acknowledge that both Parties shall have hereunder all legal and equitable remedies as provided by law following the occurrence of a default or to enforce any covenant or agreement herein except as provided in Section 7.1. Before this Agreement may be terminated or action may be taken to obtain judicial relief, the Party seeking relief (“ Non-Defaulting Party”) shall comply w ith the notice and cure provisions of this Section 7.2.
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17 7.2.2 Notice and Opportunity to Cure . A Non -Defaulting Party in its discretion may elect to declare a default under this Agreement in accordance with the procedures hereinafter set forth for any failure or breach of the other party (“Defaulting Party”) to perform any material duty or obligation of the Defaulting Party under the terms of this Agreement. However, the Non- Defaulting Party must provide written notice to the Defaulting Party setting forth the nature of the breach or failure and the actions, if any, required by the Defaulting Party to cure such breach or failure in order to return to compliance with this Agreement (the “ Default Notice ”). The Defaulting Party shall be deemed in Default under this Agreement, if the breach or failure can be cured, but the Defaulting Party has failed to take such actions and cure such default within thirty (30) days after the date of such Default Notice or ten (10) days for monetary defaults (or such lesser time as m ay be specifically provided in this Agreement). If such non -monetary Default cannot be cured within such thirty (30) day period, then the Defaulting Party shall not be deemed in breach of this Agreement if the Defaulting Party does each of the following:
(a) Notifies the Non -Defaulting Party in writing with a reasonable explanation as to the reasons the asserted default is not curable within the thirty (30) day period;
(b) Notifies the Non -Defaulting Party of the Defaulting Party’s proposed course of action to cure the default;
(c) Promptly commences to cure the default within the thirty (30) day period;
(d) Makes periodic reports to the Non -Defaulting Party as to the progress of the program of cure; and
(e) Diligently prosecutes such cure to completion.

7.3 Termination Notice. Upon receiving a Default Notice, should the Defaulting Party fail to timely cure any default, or fail to diligently pursue such cure as prescribed above, the Non- Defaulting Party may seek termination of this Agreement, in which case the Non-defaulting Party shall provide the Defaulting Party with a written notice of intent to terminate this Agreement (“Termination Notice”). The Termination Notice shall state that the Non -Defaulting Party will elect to terminate this Agreement within thirty (30) days and state the reasons therefor (including a copy of any specific charges of default or a copy of the Default Notice) and a description of the evidence upon which the decision to terminate is based. Once the Termination Notice has been issued, if the Developer is the Defaulting Party, then the termination will not go into effect unless the City Council also elects to terminate this Agreement pursuant to Section 7.4. The Parties may elect to rescind a Termination Notice at any time.

7.4 Hearing Opportunity Prior to Termination. If Developer is the Defaulting Party pursuant to Section 7.2, then the City’s Termination Notice to Developer shall additionally specify that Developer has the right to a hearing prior to the City’s termination of any Agreements (“Termination Hearing”). The Termination Hearing shall be scheduled as an open public hearing item at a regularly -scheduled City Council meeting within thirty (30) days of the Termination Notice, subject to any legal requirements including but not limited to the Ralph M. Brown Act, Government Code §§ 54950–54963. At said Termination Hearing, Developer shall have the right to present evidence to demonstrate that it is not in default and to rebut any evidence presented in 28950

18 favor of termination. Based upon substantial evide nce presented at the Termination Hearing, the Council may, by adopted resolution, act as follows:
(a) Decide to terminate this Agreement; or
(b) Determine that Developer is innocent of a default and, accordingly, dismiss the Termination Notice and any charges of default; or
(c) Impose conditions on a finding of default and a time for cure, such that Developer’s fulfillment of said conditions will waive or cure any default.

Findings of a default or a conditional default must be based upon substantial evidence supporting the following two findings: (i) that a default in fact occurred and has continued to exist without timely cure, and (ii) that such default has caused or will cause a material breach of this Agreement and/or a substantial negative impa ct upon public health, safety and welfare, the environment, or such other interests that City and public may have in the Project. Notwithstanding anything to the contrary contained in this Agreement, in order to promote an orderly planning process and encourage Developer to participate in the planning process in advance of committing significant private resources to obtaining long-term ground leases at the Project Site, the Parties agree that if the Developer fails to effectuate such ground leases prior to 300 days after the second reading of the Adopting Ordinance and the City Planning Director does not grant an extension of time, then the Agreement shall self-terminate.6

7.5 Rights and Duties Following Termination . Upon the termination of this Agreement, no Party shall have any further right or obligation hereunder except with respect to (i) any obligations to have been performed prior to said termination, (ii) any default in the performance of the provisions of this Agreement which has occurred prior to said termination, or (iii) the indemnification provisions of Article 8. Termination of this Agreement shall not affect either Party’s rights or obligations with respect to any Project Development Approval granted prior to such termination.

7.6 Waiver of Breach. By not challenging any Project Development Approval within ninety (90) days of the action of City enacting the same, Developer shall be deemed to have waived any claim that any condition of approval is improper or that the action, as approved, constitutes a breach of the provisions of this Agreement.

7.7 Interest on Monetary Default . In the event Developer fails to perform any monetary obligation under this Agreement, Developer shall pay interest thereon at the rate of six and one-half percent (6.5%) per ann um from and after the due date of said monetary obligation until payment is actually received by City.

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19 8. THIRD PARTY LITIGATION.

8.1 Indemnity Obligations on Third-Party Claims.
(a) Developer hereby agrees to indemnify, defend, and hold City, its officers, agents, employees, members of its City Council and any commission 7, (collectively, “ City Indemnitees ”) harmless from any and all claims, actions, suits, damages, liabilities, and any other actions or proceedings (whether legal, equitable, declaratory, admi nistrative, or adjudicatory in nature) (collectively, “Claims”), asserted against City or City Indemnitees arising out of or in connection with this Agreement, including, without limitation, (i) City’s approval of this Agreement and all documents related to any of the Project Development Approvals, Conditions of Approval, permits, or other entitlements for the Project and issues related thereto (including, City’s determinations regarding CEQA compliance and/or any other development incentives granted to the Project), (ii) the development of the Project, and (iii) liability for damage or claims for damage for personal injury including death and claims for property damage which may arise from, or are attributable to, Developer’s (or Developer’s contractors, subcontractors, agents, employees or other persons acting on Developer’s behalf (“ Developer’s Representatives ”)) performance of its obligations under this Agreement and/or the negligence or misconduct of Developer or of Developer’s Representatives which relate to the Project or the Property .

Nothing herein shall be construed to mean that Developer shall indemnify the City for any Claims to the extent arising from, or alleged to arise from, the sole negligence or gross or willful misconduct of the City, the Ci ty Indemnitees, or the City’s officers, employees, agents, contractors or subcontractors.8
(b) The City shall provide Developer with notice of the pendency of such Claims within ten (10) days of being served or otherwise notified of such Claims and shall request that Developer defend such action. Developer 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. In all cases, City shall have the right to utilize the City Attorney’s office in any legal action. Upon City’s notification to Developer of the pendency of the claim or suit, Developer shall make a minimum deposit sufficient to pay all of Developer’s indemnification obligations for the following ninety (90) days, which includes legal costs and fees anticipated to be incurred as determined by City in its sole discretion (not to exceed Fifty Thousand Dollars ($50,000)). Developer shall make deposits required under this Section 8.1 within fifteen (15) days of receipt of City’s written request. City shall endeavor to provide Developer written notice when City determines the minimum balance is approaching Twenty Thousand Dollars ($20,000)

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20 and shall provide written notice to Developer when the City determines the deposit balance is below Twenty Thousand Dollars ($20,000). Developer shall make the balance of the minimum deposit (not to exceed Fifty Thousand Dollars ($50,000)) within fifteen (15) days of receipt of such written notice.
(c) If Developer fails to provide the deposit, and after compliance with the provisions of this Section 8.1 , the City may abandon the action and Developer shall pay all costs resulting therefrom (including but not limited to any attorneys’ fees and other costs for which City may be liable as result of such abandonment), and City shall have no liability to Developer. It is expressly agreed that City shall have the right to utilize the City Attorney’s Office or use other legal counsel of its choosing. Developer’s obligation to pay the defe nse costs of City shall extend until final judgment, including any appeals. City agrees that it shall fully cooperate with Developer in the defense of any matter in which Developer is defending and/or holding the City harmless. City shall discuss litigation strategy with Developer in good faith but shall retain absolute discretion to make strategy decisions for the City, but not the Developer. City may make all reasonable decisions with respect to its representation in any legal proceeding, including its inherent right to abandon or to settle any litigation brought against it in its sole and absolute discretion. If the City abandons or settles the litigation without Developer’s consent to the Settlement, then Developer shall not be responsible for City Attorney fees related to the Settlement or costs imposed by the Settlement.

8.2 Hold Harmless: Developer’s Construction, and Other Activities . Developer shall defend, save and hold the City and the City Indemnitees harmless from any and all claims, costs (including attorneys’ fees) and liability for any damages, personal injury or death, which may arise, directly or indirectly, from Developer’s or Developer’s agents, contractors, subcontractors, or employees’ Project construction activities and operations unde r this Agreement, whether such Project construction activities and operations be by Developer or by any of Developer’s agents, contractors or subcontractors or by any one or more persons directly or indirectly employed by or acting as agent for Developer or any of Developer’s agents, contractors or subcontractors. Nothing herein shall be construed to mean that Developer shall hold the City harmless and/or defend it from any claims to the extent arising from, or alleged to arise from, the sole negligence or gross or willful misconduct of the City, the City Indemnitees, or the City’s officers, employees, agents, contractors or subcontractors.

8.3 Loss and Damage . City shall not be liable for any damage to property of Developer or of others located on the Propert y, nor for the loss of or damage to any property of Developer or of others by theft or otherwise. City shall not be liable for any injury or damage to persons or property resulting from fire, explosion, steam, gas, electricity, water, rain, dampness or leaks from any part of the Property or from the pipes or plumbing, or from the street, or9 from any other latent or patent defect in the soil, subsurface or physical condition of the Property, or by any other cause of whatsoever nature. Nothing herein shall be construed to mean that Developer shall

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21 bear liability for the sole negligence or gro ss or willful misconduct of the City’s officers, employees, agents, contractors of subcontractors.

8.4 Non-liability of City Officers and Employees . No official, agent, contractor, or employee of the City shall be personally liable to Developer, or any succes sor in interest, in the event of any default or breach by the City or for any amount which may become due to Developer or to its successor, or for breach of any obligation of the terms of this Agreement.

8.5 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which affects the financial interest of any corporation, partnership or association in which he or she is, directly or indirectly, interested, in violation of any state statute or regulation.

8.6 Survival of Indemnity Obligations . All indemnity provisions set forth in this Agreement shall survive termination of this Agreement for any reason other than a default by City.

9. INSURANCE.

9.1 Types of Insurance.

9.1.1 General Liability Insurance . At commencement and until completion of construction of improvements by Developer on the Property, Developer shall, at its sole cost and expense, keep or cause t o be kept in force, for the mutual benefit of City and Developer, commercial general liability insurance against claims and liability for bodily injury or death arising from the use, occupancy, disuse or condition of the Property, improvements or adjoining areas or ways, affected by such use of the Property or for property damage. Such policy shall provide protection of at least $5,000,000 per occurrence, and $10,000,000 10 in the general aggregate.

Limits can be met by a combination of primary and excess policies.

9.1.2 Workers’ Compensation / Employer’s Liability . To the extent Developer and its contractors utilize employees for any portion of the Project, Developer and such contractors shall also furnish or cause to be furnished to City evidence reasonably sat isfactory to it that Developer and any contractor with whom Developer has contracted for the performance of any work for which Developer is responsible hereunder carries workers’ compensation insurance as required by law. Employer’s Liability policy shall provide limits of $1,000,000 bodily injury by accident-each accident, $1,000,000 bodily injury by disease -each employee, and $1,000,000 bodily injury by disease-policy limit.

9.1.3 Automobile Liability Insurance. Developer shall ensure that all contractors with whom Developer has contracted for the performance of any work for which Developer is responsible hereunder maintains automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activ ities of Developer arising out of or in connection with work to be performed under this Agreement, including coverage for any owned (if any), hired, non-owned or rented vehicles, in an amount not less than $2,000,000 for each accident. Limits can be met by a combination of primary and excess policies.

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22 9.1.4 Pollution Liability Insurance . Environmental Impairment Liability Insurance shall be written on a Contractor’s Pollution Liability form or other form reasonably acceptable to City providing coverage for liab ility arising out of sudden, accidental and gradual pollution and remediation. The policy limit shall be no less than $5,000,000 dollars per claim and $10,000,000 in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non-owned disposal sites.

9.1.5 Builder’s Risk Insurance . Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions or provisional limit provisions. The policy must include: (1) coverage for any ensuing loss from faulty workmanship, nonconforming work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the project; (4) ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with reasonable commercially available sub -limits to insure the replacement value of any key equipment item; and (6) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the project site or any staging area. The City shall be included as Loss Payee, to the extent of its direct insurable interest in the Project, and only with respect to covered property damage proceeds payable under the Builder’s Risk policy.

9.1.6 Professional Liability Insurance . To the extent exposure exists, Professional liability insurance may be obtained by Developer or its Contractors/Subcontractors that is appropriate to the profession for any Project design work, with limits no less than $5,000,000 per claim and $5,000,000 general aggregate. 11 This coverage will be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endors ed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least five (5) consecutive years following the completion of the services or the termination of this Agreement. During this additional 5-year period, Developer shall annually and upon request of the City submit written evidence of this continuous coverage.

9.1.7 Products/completed operations coverage . Products and completed operations liability coverage shall b e maintained for a period of not less than three (3) years following Substantial Completion of the Project, or such longer period as is commercially available on reasonable terms. Such coverage shall apply to liability arising out of the work performed by or on behalf of the Developer, including work performed by subcontractors, and shall be maintained subject to the terms, conditions, and limitations of the applicable policy. The City shall be included as additional insureds, but only with respect to liabi lity arising out of the Developer’s operations. Such additional insured coverage shall be provided on a primary and non- contributory basis, to the extent available under the policy.

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23 9.1.8 Other Insurance. Developer may procure and maintain any Project-related insurance not required by this Agreement, but all such insurance shall be subject to all of the provisions hereof pertaining to insurance and shall be for the benefit of City and Developer.

9.1.9 Contractors/Subcontractors. Developer shall ensure that all contractors and sub-contractors maintain the required minimum insurance coverages and include the City and Developer as additional insured, as applicable, or shall include the contractors and subcontractors under its insurance.

9.2 Insurance Policy Form, Sufficie ncy, Content, and Insurer . All insurance required by express provisions hereof shall be carried only by responsible insurance companies licensed and admitted to do business by California, rated “A-” or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VIII or better, unless waived by City. All such policies shall be non - assessable and shall contain language, to the extent obtainable, to the effect that: (i) any loss shall be payable notwithstanding any act of negligence of City or Developer that might otherwise result in the forfeiture of the insurance; (ii) the insurer waives the right of subrogation against City and against City’s agents and represent atives; (iii) the General Liability and Automobile Liability policies are primary and noncontributing with any insurance that may be carried by City; Umbrella/Excess liability is noncontributing; and (iv) the policies cannot be canceled except after thirty (30) days’ written notice by the insurer to City or City’s designated representative except ten (10) days for nonpayment of premium. Developer shall furnish City certificates evidencing the insurance. City shall be provided with additional insured statu s on all policies of insurance required to be procured by the terms of this Agreement, except for all insurance required by Developer’s contractors, both City and Developer shall be provided with additional insured status, excluding in all cases Workers’ C ompensation/Employer’s Liability, professional liability, and builder’s risk polices. Moreover, the insurance policy must specify that where the primary insured does not satisfy the self -insured retention, any additional insured may satisfy the self -insured retention.

9.3 Failure to Maintain Insurance and Proof of Compliance . Developer shall deliver to City, in the manner required for notices, copies of certificates of all insurance policies within the following time limits:
(a) For insurance required above, wit hin ninety (90) days after the Effective Date.
(b) For any renewal or replacement of a policy already in existence, within ten (10) days of the expiration or termination of the existing policy. (c) If Developer fails or refuses to procure or maintain insurance as required hereby or fails or refuses to furnish City with required proof that that insurance has been procured, such failure or refusal shall be a default hereunder.

9.4 Waiver of Subrogation. Except for Professional Liability, Developer agrees that it shall not make any claim against, or seek to recover from City or its agents, servants, or employees, for any loss or damage to Developer or to any person or property, except as specifically provided hereunder and Developer shall give notice to any insurance carrier of the foregoing 34956

24 waiver of subrogation, and obtain from such carrier, a waiver of right to recovery against City, its agents and employees.

10. MORTGAGEE PROTECTION.

10.1 The Parties agree that this Agreement shall not prevent or limit Developer, in any manner, at Developer’s sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed, of trust, or any other security device or agreement securing financing with respect to the Property. City acknowledges that the third parties providing such financing may require certain Agreement interpretations, modifications, and estoppel certificates, and City agrees upon request, from time to time, to communicate and meet with Developer and representatives of such third parties to negotiate in good faith any such estoppel certificates and/or requests for interpretation or modification. Subject to compliance with applicable laws, City will not unrea sonably withhold its consent to any such requested estoppel certificate, interpretation or modification, provided City determines such estoppel certificate, interpretation or modification is consistent with the intent and purposes of this Agreement. Any Mortgagee of the Property shall be entitled to the rights and privileges set forth in this Article 10.

10.2 Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any mortgage on the Property made in good faith and for value, unless otherwise required by law.

10.3 Any Mortgagee that has submitted a request in writing to City in the manner specified herein for giving notices shall be entitled to receive written notification from City of any default by Developer in the performance of Developer’s obligations under this Agreement.

10.4 If City timely (i.e., within the stated cure period pursuant to Section 7.2(b)) receives a request from a Mortgagee for a copy of the Default Notice given to Developer (provided the default has not been cured by Developer by such time), then City shall, within ten (10) days of receipt of the Mortgagee’s request, provide a copy of such Default Notice to the Mortgagee. The Mortgagee shall have the right, but not the obligation, to cure the default during the period that is the longer of (i) the remaining time allowed for Developer to cure under Section 7.2(b), or (ii) sixty (60) days after Mortgagee’s receipt of any Default Notice; provided, however, if such default cannot be cured by Mortgagee without Mortgagee having possession of the Property, the cure period available to Mortgagee shall be extended for the time period (not to excee d an additional one hundred twenty (120) days after Mortgagee’s receipt of such Default Notice) reasonably required for Mortgagee obtain possession of the Property, provided that Mortgagee diligently and continuously proceeds to use commercially reasonable efforts to so obtain possession of the Property and to complete such cure.

10.5 Any Mortgagee who comes into possession of the Property, or any part thereof, pursuant to foreclosure of the Mortgage or deed of trust, or deed in lieu of such foreclosure, or otherwise, shall take the Property, or part thereof, subject to the terms of this Agreement.

Notwithstanding anything to the contrary, the transfer of the Property described in the preceding sentence shall not constitute a “change of ownership” contemplated under Section 11 of this Agreement, and the provisions of Section 11 shall not apply to any Mortgagee. 35957

25 11. CHANGE OF OWNERSHIP.

11.1 Change of Ownership . If any owner of the Project is proposed to change, such that Aypa Power Holdings LP shall no longer be t he ultimate parent that owns and controls, directly or indirectly, more than fifty percent (50%) of the Project, Developer shall notify the City Manager of such proposed change in ownership at least ninety (90) calendar days prior to the proposed ownership change. Approval by the City Manager shall be required, but shall not be unreasonably withheld. In providing that approval, the City Manager may, in his/her reasonable discretion, request information about the new owner to ensure that the new owner has the financial capability and expertise to assume all obligations established and applicable to the Project, as set forth in this Agreement, the site plan and design review approval, and the decommissioning plan, and all related financial responsibilities. Developer and/or new owner shall provide, within ten (10) calendar days, any and all information from the date of the City Manager’s request. If the change in ownership is approved by the City Manager, Developer, new owner, and City Manager shall execute and record an Assignment and Assumption Agreement, or other form approved by the City Attorney, to formally approve and consent to the change in ownership. No change in ownership shall be effective until such Assignment and Assumption Agreement, or other fo rm approved by the City Attorney, is executed by all parties (with the City Manager on behalf of the City) and recorded. The City Manager is hereby authorized to negotiate and execute such Assignment and Assumption Agreement.12

11.2 Consideration of Requested A ssignment. The City Manager will not unreasonably withhold, condition, or delay approval of a request for approval of an Assignment required pursuant to this Article 11, provided that Developer delivers written notice to City requesting the Director’s app roval prior to the completion of the Assignment (the “ Consent Request”). The Consent Request shall be accompanied by (i) a proposed draft of the Assignment Agreement, which shall be in a form acceptable to the City Attorney and City Manager in their reasonable discretion and (ii) evidence that the proposed Transferee meets the criteria set forth in Section 11.1 above. When submitting a Consent Request to the City, Developer shall clearly identify all information it reasonably determines is exempt from public disclosure by City pursuant to Government Code § 7927.605 or any other applicable law. Developer shall not identify any information as being exempt from public disclosure by City unless Developer reasonably determines such information is legally exempt from public disclosure by City pursuant to Government Code § 7927.605 or any other applicable law.

11.3 Effect of Change of Ownership . Unless otherwise stated within the Assignment Agreement, upon a change of ownership of the Project:
(a) The new owner shall be liable for the performance of all remaining obligations of Developer with respect to those portions of the Property which are transferred (the “ Transferred Property ”), but shall have no obligations with respect to any portions of the Property not conveyed (the “Retained Property”).

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26 (b) The owner of the Retained Property shall be liable for the performance of all obligations of Developer with respect to the Retained Property, but shall have no further obligations with respect to the Transferred Property. (c) The new owner’s exercise, use, and enjoyment of the Transferred Property shall be subject to the terms of this Agreement to the same extent as if the new owner were Developer.

12. AMENDMENT AND MODIFICATION.

12.1 Initiation of Amendment . Either Party may propose an amendment to this Agreement or the Project Development Approvals.

12.2 Procedure and Requirements for Amendments to Development Agreement. The procedure for proposing and adopting an amendment to this Agreement shall be the same as the procedure required for entering into this Agreement in the first instance as set forth in Government Code §§ 65867 and 65868. City will process any amendment to this Agreement consistent with state law and will hold public hearings thereon if so required by state law, and the Parties expressly agree nothing herein is intended to deprive any party or person of due process of law. Except as expressly set forth in any such amendment, an amendment to this Agreement will not alter, affect, impair, modify, waive, or otherwise impact any other rights, duties, or obligations of either Party under this Agreement.

12.3 Consent. Except as expressly provided in this Agreement, no cancellation of or amendment to all or any provision of this Agreement shall be effective unless set forth in writing and signed by duly authorized representatives of each of the parties hereto and recor ded in the Official Records of San Bernardino County.

12.4 Administrative Minor Project Modifications . Notwithstanding any other provision and/or Condition of Approval contained in any Project Development Approvals, minor modifications to the Project Developme nt Approvals, the Subsequent Development Approvals, and/or the Development Plans shall be made ministerially, with the approval of the Development Services Director. The determination of whether a requested or proposed modification constitutes a minor modification shall be made by the Director in his or her sole discretion, except that minor modifications shall not include any modifications that the Director determines extend beyond the intent of the original approval, and modifications meeting any of the following criteria shall not be deemed to constitute minor modifications and would require amendment to this Agreement under Section 12.2: (i) modifications that change the proposed uses analyzed in the GP EIR and considered in approving the CEQA exemption per CEQA Guideline Section 15183; (ii) modifications that increase the total amount of battery enclosure square footage within the Project, as shown in the Development Plans approved and dated [XX], by more than ten percent (10%); (iii) modifications that increase building/structure heights within the Property in comparison to what was identified on the Development Plans by more than 10%; (iv) modifications that substantially deviate from the design or dimensions of any Gen -Tie line transmission pole as set forth in the Development Plans or from the number, height, or location of the Gen -Tie line transmission poles set forth in Exhibit “D” ; or (v) other modifications that involve any deviation of architectural design or details that is not in substantial conformance with the approved set of Development Plans. Notwithstanding the foregoing, changes to the site plan 37959

27 required by the appliable utility company shall be considered minor modifications and City will ministerially approve changes to the site plan required by such utility company’s design standards.

13. MISCELLANEOUS PROVISIONS.

13.1 Recordation. The City Clerk shall cause a copy of this Agreement to be recorded against the Property with the County Recorder within ten (10) calendar days after the Execut ion Date. The failure of the City to sign and/or record this Agreement shall not affect the validity of this Agreement.

13.2 Notices. Notices and correspondence required or permitted by this Agreement shall be in writing and either personally delivered or se nt by registered, certified, or overnight mail or delivery service. Notices shall be deemed received upon personal delivery or on the second business day after registered, certified, or overnight mailing or delivery, or email if such email notice is acknowledged as received by the receiving Party. Notices shall be addressed as follows:

To City: City of Chino
13220 Central Avenue
Chino, CA 91710
Attn: City Manager

With copy to: Aleshire & Wynder, LLP
1 Park Plaza, Suite 1000
Irvine, CA 92614
Attn: Fred Galante, City Attorney
To Developer: Dirac BESS LLC
c/o Aypa Power Development LLC
11801 Domain Blvd, Suite 525
Austin, TX 78758
Attn: Development
Email: [email protected]

With copy to: Dirac BESS LLC
c/o Aypa Power Development LLC
11801 Domain Blvd, Suite 525
Austin, TX 78758
Attn: General Counsel
Email: [email protected]

A Party may change its address by giving written notice to the other Party. Thereafter, Notices shall be addressed and transmitted to the new address.

13.3 Estoppel Certificates. Either Party (or a Mortgagee) may at any time during the Term deliver written notice to the other Party requesting an Estoppel Certificate stating:
(a) The Agreement is in full force and effect and is a binding obligation of the Parties;
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28 (b) The Agreement has n ot been amended or modified or, if so amended, identifying the amendments; and
(c) here are no existing defaults under the Agreement to the actual knowledge of the Party signing the Estoppel Certificate as of the date of the Estoppel Certificate, or if there a re any defaults existing to the actual knowledge of such Party as of such date, identifying same.

A Party shall provide a signed Estoppel Certificate to a requesting Party (or Mortgagee) within thirty (30) days after receipt of a request made in accordance with the notice procedures of Section 13.2. If such Party fails to respond to such request withi n thirty (30) days, then the requesting Party may send a second request to such Party, except that, in the case of a request made by Developer to the City, the notice shall be sent via all of the following means unless the City has formally acknowledged receipt of the prior notice: (i) personally delivered as provided in Section 13.2; (ii) mailed as provided in Section 13.2; and (iii) as a courtesy but not a formal means of notice, sent to any known City email address of the City’s Planning Manager and Community Development Director and any known professional email address of the City Attorney. Such notice shall not be deemed received until both the personal delivery and the mailing have been deemed received according to the provisions of Section 13.2. In the event either Party fails to respond to the requesting Party’s second request within twenty (20) days after receipt of such second request, the Estoppel Certificate shall be deemed approved by such Party.

City Manager may sign Estoppel Certificates on behalf of the City. An Estoppel Certificate may be relied on by assignees and Mortgagees.

13.4 Project as a Private Undertaking. It is specifically understood and agreed by the Parties that the Project is a private development, that neither Party is acting a s the agent of the other in any respect, and that each Party is an independent contracting entity with respect to this Agreement. The only relationship between City and Developer is that of a government entity regulating the development of property owned by a private party. City agrees that by its approval of, and entering into, this Agreement that it is not taking any action which would transform this private Development into a “public work” project, and that nothing herein shall be interpreted to convey upon Developer any benefit which would transform Developer’s private project into a public work project, it being understood that this Agreement is entered into by City and Developer upon the exchange of consideration described in this Agreement, includin g the Recitals to this Agreement, and that City is receiving by and through this Agreement the full measure of benefit in exchange for the burdens placed on Developer by this Agreement, including but not limited to Developer’s obligation to provide the public improvements set forth herein.

13.5 Eminent Domain. No provision of this Agreement shall be construed to limit or restrict the exercise by City of its power of eminent domain.

13.6 Entire Agreement. This Agreement represents the entire agreement of the Parties with respect to the subject matter of this Agreement. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement. 39961

29 13.7 Further Actions and Instruments . Each of the Parties shall cooperate with and provide reasonable assistance to the other to the extent necessary to implement this Agreement.

13.8 Severability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement.

13.9 Covenant Not To Sue. The parties to this Agreement, and each of them, agree that this Agreement and each term hereof is legal, valid, binding, and enforceable. The parties to this Agreement, and each of them, hereby covenant and agree that each of them will not commence, maintain, or prosecute any claim, demand, cause of action, suit, or other proceeding against any other party to this Agreement, in law or in equity, or based on any allegation or assertion in any such action, that this Agreement or any term hereof is void, invalid, or unenforceable, except that nothing in this Section 13.9 shall affect the Parties’ rights or remedies related to any Default or breach of the Agreement.

13.10 Force Majeure. Neither Party shall be deemed to be in default wher e failure or delay in performance of any of its obligations under this Agreement is caused by earthquakes, other acts of God, fires, tornados, hurricanes, floods, wars, terrorism, riots or similar hostilities, strikes, and other labor difficulties beyond t he Party’s control, government regulations, supply chain interruptions, excessive tariffs, pandemics, government -ordered quarantine, court actions (such as restraining orders or injunctions), or other causes beyond the Party’s reasonable control (“Force Majeure”). Notwithstanding the foregoing, no Force Majeure shall apply unless the party claiming the existence of such Force Majeure event notifies the other party in writing within ten (10) days of becoming aware of the commencement of such Force Majeure e vent, or as soon thereafter as reasonably may be provided in light of the circumstances of the Force Majeure event, describing the causes of the delay. If any such events shall occur, the term of this Agreement and the time for performance shall be extend ed for the duration of the impacts on the Project of each such event, as set forth in Section 2.6.

13.11 Waiver. All waivers of performance must be in a writing signed by the Party granting the waiver. Failure by a Party to insist upon the strict performance of any provision of this Agreement shall not be a waiver of future performance of the same or any other provision of this Agreement.

13.12 Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element.

13.13 Governing Law and Venue. This Agreement shall be governed and interpreted in accordance with California law, with venue for any litigation concerning this Agreement in San Bernardino, California.

13.14 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party or in favor of City shall not be employed in interpreting this Agreement, all parties having been represented by counsel in the negotiation and preparation hereof. 40962

30 13.15 Corporate Authority. The person(s) executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party, if not an individual, 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 this Agreement does not violate any provision of any other agreement to which such party is bound.

13.16 Attorneys’ Fees. If either Party to this Agreement is required to initiate or defend litigation against the other Party, the prevailing Party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees. Attorneys’ fees shall include attorneys’ fees on any appeal, and, in addition, a Party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All suc h fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to a final judgment.

13.17 Recitals. The Recitals in this Agreement constitute part of this Agreement, and each Party shall be entitled to rely on the truth and accuracy of each Recital as an inducement to enter into this Agreement.

13.18 No Brokers. City and Developer represent and warrant to the other that neither has employed any broker and/or finder to represent its interest in this transaction. Each Party agrees to indemnify and hold the other free and harmless from and against any and all liability, loss, cost, or expense (including court costs and reasonable attorney’s fees) in any manner connected with a claim asserted by any individual or entity for any commission or finder’s fee in connection with this Agreement arising out of agreements by the indemnifying Party to pay any commission or finder’s fee.

13.19 Joint and Several Liability . In the event that Developer should enter in to an Assignment of this Agreement , Developer shall bear ultimate responsibility for all obligations, conditions, and restrictions set forth under this Agreement, it being understood that both Developer and any Transferee shall be jointly and severally lia ble, until the Assignment has been legally consummated and Developer has provided notice of the Assignment to City and/or the Director and otherwise complied with all applicable provisions of Article 11 of this Agreement (including receiving any and all required City approvals (including any deemed approvals)), after which time only the Transferee shall be liable, and Developer shall thereafter automatically be released from all obligations under this Agreement assumed by such Transferee.

13.20 Compliance with Laws. Developer must comply with all applicable federal, state and local laws and regulations, including the CMC.

13.21 Warranty & Representation of Non-Collusion. No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to 41963

31 Government Code §§ 1091 or 1091.5. Developer warrants and represents that it h as not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreem ent. Developer further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Developer is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect. Nothing herein shall prevent Developer from providing lawful election donations, subject to compliance with Government Code § 84308 and other applicable law.

13.22 Counterparts. This Agreement may be executed by the Parties in counterparts, which together shall have the same effect as if each of the Parties had executed the same instrument.
[SIGNATURES ON FOLLOWING PAGE(S)]

42964

32 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day and year first set forth above.

CITY:

CITY OF CHINO,
a California municipal corporation

Eunice Ulloa, Mayor
ATTEST

Natalie Gonzaga, City Clerk

APPROVED AS TO FORM

ALESHIRE & WYNDER, LLP

Fred Galante, City Attorney
DEVELOPER:

Dirac BESS LLC, a Delaware limited
liability company

_____________________________
By:__________________________
Title:_________________________

DEVELOPER SHALL PROVIDE CITY WITH COPIES OF APPROPRIATE DOCUMENTS EVIDENCING AUTHORITY OF SIGNATORIES TO EXECUTE AND BIND DEVELOPER. DEVELOPER’S

SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE

INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO DEVELOPER’S BUSINESS ENTITY.

43965

33 CONSENT OF OWNER13
Owner, Helmar Industrial Properties, LLC, a California limited liability company, (“Owner”), represents and warrants that is it the owner of the property at 13910 Oaks Avenue, Chino, Assessor’s Parcel Number 1021 -211-05. Given that the Agreement will be applicable to Developer for the term of the Agreement and is not effective until the Developer or its affiliate closes escrow with Owner, Owner consents to the recording of this Agreement with the San Bernardino County Recorder.

_____________________________
By:__________________________
Title:_________________________

13 TBD
44966

34 CONSENT OF OWNER
Owner, Rexford Industrial -13925 Benson LLC, a Delaware limited liability company (“Owner”), represents and warrants that is it the owner of the property at 13925 Benson Avenue Chino, Assessor’s Parcel Number 1021 -211-02. Given that the Agreement wi ll be applicable to Developer for the term of the Agreement and is not effective until the Developer effectuates a ground lease with Owner, Owner consents to the recording of this Agreement with the San Bernardino County Recorder.

_____________________________
By:__________________________
Title:_________________________

45967

35 CONSENT OF OWNER
Owner, Shea Center Chino, LLC, a California limited liability company (“Owner”), represents and warrants that is it the owner of the property at 13822 Oaks Avenue, Chino, Assessor’s Parcel Number 1021 -121-05. Given that the Agreement will be applicable to Developer for the term of the Agreement and is not effective until the Developer or its affiliate closes escrow with the Owner, Owne r consents to the recording of this Agreement with the San Bernardino County Recorder.

_____________________________
By:__________________________
Title:_________________________

[End of Signatures]

46968

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

State of _________________ )
County of _______________ )

On ____________________, before me, ____________________________, Notary Public, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature

47969

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

State of _________________ )
County of _________________ )

On ____________________, before me, ____________________________, Notary Public, personally appeared ________________ , _______________, who proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature

48970

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

State of _________________ )
County of _________________ )

On ____________________, before me, ____________________________, Notary Public, personally appeared ________________ , _______________, who proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature

49971

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

State of _________________ )
County of _________________ )

On ____________________, before me, ____________________________, Notary Public, personally appeared ________________ , _______________, who proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature

50972

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

State of _________________ )
County of _________________ )

On ____________________, before me, ____________________________, Notary Public, personally appeared ________________ , _______________, who proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature

51973

A-1
EXHIBIT “A”

PROPERTY LEGAL DESCRIPTION
[to be added or attached]

52974

B-1
EXHIBIT “B”

DEPICTION OF PROPERTY
(See Attached)

53975

C-1
EXHIBIT “C”

PROJECT DESCRIPTION
Developer shall construct, operate, and eventually decommission the up to 400 -megawatt (MW) Dirac Battery Energy Storage System (BESS) Project located on up to approximately 13.89 acres on the Property in the City of Chino. The Project is comprised of three Assessor Parcel Numbers (APNs 1021-121-05, 1021-211-02, and 1021-211-05) and currently supports industrial buildings and paved hardscape that would be demolishe d as part of construction. The Property is located immediately north of the existing Southern California Edison (SCE) -owned and operated Chino Substation (SCE Chino Substation) and is accessible from Benson Avenue and Oaks Avenue.

The primary components of the Project include a containerized BESS facility utilizing lithium - iron phosphate cells, or similar technology, an operations and maintenance (O&M) building, emergency facilities, an on-site Project substation, a 230-kilovolt (kV) generation interconnection (gen-tie) transmission line, and interconnection facilities within the existing SCE Chino Substation. Associated site improvements would include, but are not limited to, internal and perimeter access roads, parking areas, perimeter wall, stormwater det ention facilities, utility connections, landscaping, exterior lighting, and telecommunications facilities.

The Project would provide electrical grid services by charging during periods of low demand and discharging during periods of peak demand, as well as providing ancillary services such as frequency response and regulation. These functions would support the integration of renewable energy resources, reduce reliance on fossil -fuel generation, and enhance local and regional grid reliability. The Project would be available to receive or deliver energy 24 hours per day, 365 days per year and has the capacity to provide 8 hours of electricity to approximately 300,000 single family homes. During operation, qualified locally based technicians would conduct regul ar inspections and maintenance to ensure safe and reliable performance. 54976

01225.0080 2122441.8 2
EXHIBIT “D”

DEVELOPMENT PLANS
(See Attached)

55977

RESOLUTION NO. PC2026-019

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CHINO, CALIFORNIA, APPROVING PL2 5-0085 (SPECIAL
CONDITIONAL USE PERMIT) AND PL25-0086 (SITE APPROVAL) TO CONSTRUCT AND OPERATE A 400 -MEGAWATT (MW) BATTERY
ENERGY STORAGE SYSTEM (BESS) FACILITY ON A 13.89 -ACRE PROPERTY IN THE GENERAL INDUSTRIAL (M2) ZONING DISTRICT LOCATED AT 13925 BENSON AVENUE, 13822 OAKS AVENUE AND
13910 OAKS AVENUE (APNS: 1021 -121-05, 1021-211-02 AND 1021- 211-05).

WHEREAS, Dirac Project LLC (the “Applicant”), has filed an application with the City of Chino (the “City”) for approval of PL25-0085 (Special Conditional Use Permit) and PL25-0086 (Site Approval) (the “Project”) to construct and operate a 400-megawatt (MW) battery energy storage system (BESS) facility on a 13.89 -acre property in the General Industrial (M2) zoning district located at 13925 Benson Avenue, 13822 Oaks Avenue and 13910 Oaks Avenue (APNs: 1021-121-05, 1021-211-02 and 1021-211-05); and

WHEREAS, the Planning Commission of the City of Chino has completed its study of the proposed Project; and

WHEREAS, on July 15, 2026, the Planning Commission held a duly noticed public hearing for the Project in compliance with law, including compliance with the relevant provisions of the California Government Code and Chino Municipal Code, entertained the written and oral report of staff, and took public testimony on the Project.

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

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

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 PL25-0085 (Special Conditional Use Permit) and PL25-0086 (Site Approval):

1. PL25-0086 (Site Approval)

a. The proposed Project is consistent with the goals and policies of the City’s adopted General Plan and/or applicable specific plan(s). The Project site is zoned General Industrial (M2), where major utilities are conditionally permitted subject to approval of a Special Conditional Use Permit (SCUP).

The Project is consistent with General Plan Goal and Policies INF-6, which calls for the City of Chino to provide reliable energy services to serve new and existing development . The Project would enhance grid reliability by storing energy during periods of low demand and delivering energy during 56978
RESOLUTION NO. PC2026-019

periods of peak demand, thereby supporting the City’s objective of maintaining a stable and resilient energy supply;

b. The proposed Project is permitted wi thin the zoning district in which it is proposed and complies with all applicable provisions of the City’s Zoning Code. The Project site is zoned General Industrial ( M2), where a 400- megawatt (MW) BESS facility is classified as a major utility use. Major utility uses are permitted in the M2 zoning district subject to approval of a SCUP.

Additionally, the Project meets or exceeds all minimum development standards related to setbacks, parking, and landscaping;

c. The subject site is physically sui table, 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 13.89-acre site is flat and will have adequate infrastructure and two points of vehicular access from Benson Avenue and Oaks Avenue.

Utilities and stormwater improvements will be extended to serve the site;

d. The subject site for the Project relates to streets and highways properly designed, both as to width and type of pavement to carry the type and quantity of traffic generated by the proposed Project, in that the Project site is located along Benson Avenue and Schaefer Avenue , which are both designated as a collector arterial and designed to carry the volume of traffic by the proposed Project. The Project would generate minimal traffic, as the facility is designed to operate with 4 to 7 full-time employees on-site Monday through Friday from 7:00 a.m. to 4 p.m., and on weekends and holidays if needed. In addition, qualified technicians will periodically inspect the facility and perform maintenance. As a result, the Project would generate very low volume of vehicle trips;

e. The proposed Project is compatible with those abutting properties and in the surrounding area. The Project is located within an area d esignated for industrial uses and is surrounded by existing industrial developments to the north, east and west , and the Southern California Edison (SCE) Chino Substation to the south. The Project includes a BESS facility and an on-site substation, which incorporates electrical infrastructure and equipment similar in type, scale and function to that located at the adjacent SCE Chino Substation. As such, the Project is consistent with the existing utility and industrial character of the surrounding area;

f. The proposed location, size, and operating characteristics of the proposed Project will not be detrimental to the public interest, health, safety or general welfare. The Project consists of a 400-megawatt (MW) BESS facility, which is classified as a major utility use. Major utility uses are permitted within the M2 zoning district, subject to approval of a SCUP. The Project incorporates 57979
RESOLUTION NO. PC2026-019

multiple safety features, including compliance with applicable building and fire codes, battery management systems, fire detections and protection systems, and required emergency access provisions. The Planning Commission has further imp osed Conditions of Approval, attached hereto as Exhibit “A”, to ensure that the Project is constructed and operated in a manner that protects the public health, safety, and general welfare;

g. The proposed Project will not have a significant adverse impact o n the environment, as the proposed Project has been determined to be within the scope of the previously certified 2045 General Plan Update Environmental Impact Report (EIR) (State Clearinghouse No. 202409083), adopted on September 2, 2025. The EIR adequate ly describes the environmental effects of the proposed Project for the purposes of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15183. The proposed Project is consistent with the land use designation and applicable po licies established by the City’s General Plan and underlying zoning, all of which were evaluated in the certified EIR. The Project is also subject to uniformly applicable development policies and mitigation measures identified in the 2045 General Plan Update EIR, which would reduce potential impacts to less than significant levels. Accordingly, pursuant to CEQA Guidelines Section 15183, no additional environmental review is required; 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 Commis sion deems necessary to protect the public health, safety, and general welfare. These safeguards (Conditions of Approval) are attached hereto as Exhibit “A”.

2. PL25-0085 (Special Conditional Use Permit)

a. The proposed use is consistent with the goals and policies of the City’s adopted General Plan and/or applicable specific plan(s), The Project site is zoned General Industrial (M2), where major utilities are conditionally permitted subject to approval of a SCUP. The Project is consistent with General Plan Goal and Policies INF -6, which calls for the City of Chino to provide reliable energy services to serve new and existing development.

The Project would enhance grid reliability by storing energy during periods of low demand and delivering energy during per iod of peak demand, thereby supporting the City’s objective of maintaining a stable and resilient energy supply;

b. The subject site is physically suitable, including but not limited to, parcel size, shape, access and availability of utilities, for the type and intensity of 58980
RESOLUTION NO. PC2026-019

use proposed. The Project site consists of 13.89 acres and is of sufficient size and configuration to accommodate the proposed 400-megawatt (MW) BESS facility, including all associate equipment, access roads, setbacks, and required safety features. The site has adequate access from Benson Avenue and Schaefer Avenue, which are designed to support indus trial uses and provide sufficient capacity for the limited traffic generated from the Project. The Project will be served by existing and planned utility infrastructure necessary to support is operation, including electrical interconnection with the regional grid;

c. The subject site relates to streets and highways properly designed, both as to width and type of pavement to carry the type and quantity of traffic generated by the proposed use , in that the Project site is located along Benson Avenue and Schaefe r Avenue, which are both designated as a collector arterial and designed to carry the volume of traffic by the proposed Project. The Project would generate minimal traffic, as the facility is designed to operate with 4 to 7 full-time employees on-site Monday through Friday from 7:00 a.m. to 4 p.m., and on weekends and holidays if needed.

In addition, q ualified technicians will periodically inspect the facility and perform m aintenance. As a result, the Project wou ld generate very low volume of vehicle trips;

d. The proposed use is compatible with those on abutting properties and in the surrounding neighborhood. The Project is located within an area designated for industrial uses and is surrounded by existing industrial developments to the north, east and west, and the Southern California Edison (SCE) Chino Substation to the south. The Project includes a BESS facility and an on-site substation, which incorporates electrical infrastructure and equipment similar in type, scale and function to that located at the adjacent SCE Chino Substation. As such, the Project is consistent with the existing utility and industrial character of the surrounding area;

e. The proposed location, size, and operating characteristics of the prop osed use will not be detrimental to the public interest, health, safety or general welfare. The Project consists of a 400-megawatt (MW) BESS facility, which is classified as a major utility use. Major utility uses are permitted within the M2 zoning district, subject to approval of a SCUP. The Project incorporates multiple safety features, including compliance with applicable building and fire codes, battery management systems, fire detections and protection systems, and required emergency access provisions. The Planning Commission has further imposed Conditions of Approval, attached hereto as Exhibit “A”, to ensure that the Project is constructed and operated in a manner that protects the public health, safety, and general welfare;

f. The proposed Project will not have a significant adverse impact on the environment as the proposed Project has been determined to be within the 59981
RESOLUTION NO. PC2026-019

scope of the previously certified 2045 General Plan Update Environmental Impact Report (EIR) (State Clearinghouse No. 202409083), adopted on September 2, 2025. The EIR adequately describes the environmental effects of the proposed Project for the purposes of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15183. The proposed Project is consistent with the land use designation and applicable policies established by the City’s General Plan and underlying zoning, all of which were evaluated in the certified EIR. The Project is also subject to uniformly applicable development policies and mitigation measures identified in the 2045 General Plan Update EIR, which would reduce potential impacts to less than significant levels. Accordingly, pursuant to CEQA Guidelines Section 15183, no additional environmental review is required; and

g. The minimum safeguards necessary to protect the public health, safety and general welfare have been required of the proposed Project and have been imposed as conditions of Project approval by the Chino Planning Commission. In addition, certain safeguards h ave been required of the proposed use, which the Planning Commission deems necessary to protect the public health, safety, and general welfare. These safeguards (Conditions of Approval) are attached hereto as Exhibit “A”.

3. CEQA Findings. In compliance wit h the California Environmental Quality Act (CEQA), Pursuant to Guideline § 15183, Projects Consistent with a Community Plan, General Plan, or Zoning. The proposed Project has been determined to be within the scope of the previously certified 2045 General P lan Update Environmental Impact Report (EIR) (State Clearinghouse No. 202409083), adopted on September 2, 2025. The EIR adequately describes the environmental effects of the proposed Project for the purposes of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15183. The proposed Project is consistent with the land use designation and applicable policies established by the City’s General Plan and underlying zoning, all of which were evaluated in the certified EIR. Pursuant to Section 15183(b), a focused evaluation of the development was conducted and the analysis concluded that the proposed Project would not result in any new or more severe significant environmental impacts beyond those identified in the certified General P lan EIR. The Project is also subject to uniformly applicable development policies and mitigation measures identified in the 2045 General Plan Update EIR, which would reduce potential impacts to less than significant levels. Accordingly, pursuant to CEQA Gu idelines Section 15183, no additional environmental review is required.

4. Approval of PL25-0085 (Special Conditional Use Permit) and PL25-0086 (Site Approval). The Planning Commission hereby approves PL25-0085 (Special Conditional Use Permit) and PL25-0086 (Site Approval) subject to the Conditions of Approval attached hereto as Exhibit “A”. Applicant, including its successors and 60982
RESOLUTION NO. PC2026-019

assigns, shall be responsible for implementing and complying with all conditions set forth in Exhibit “A”.

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

PASSED, APPROVED, AND ADOPTED THIS 15TH DAY OF JULY 2026.

PLANNING COMMISSION CHAIRPERSON

ATTEST:

SECRETARY, PLANNING COMMISSION

State of California )
County of San Bernardino ) §
City of Chino )

I hereby certify the foregoing Resolution was duly adopted by the Chino Planning Commission at a meeting held on the 15th day of July 2026 and entered in the minutes of said Commission.

AYES: COMMISSIONERS:

NOES: COMMISSIONERS:

ABSENT: COMMISSIONERS:

SECRETARY, PLANNING COMMISSION

Attachment: Exhibit “A” – Conditions of Approval
61983

EXHIBIT A

DEPARTMENTAL

CONDITIONS OF APPROVAL

DATE: July 15, 2026

PROJECT FILE NO.: PL25-0086 (Special Conditional Use Permit) and PL25-0086 (Site Approval)

LOCATION: 13925 Benson Avenue, 13822 Oaks Avenue and 13910 Oaks Avenue (APNs: 1021-121-05, 1021-211-02, and 1021-211-05)

APPLICANT: Dirac Project LLC

The departments listed below have reviewed the above referenced application. Those departments marked with an “X” have required conditions of approval to be imposed on the project.

Development Services Department –
[X] Planning Division
[ ] ADA Accessibility Division

Public Works Department –
[X] Engineering Division
[ ] Traffic Division

[X] Chino Valley Independent Fire District

[X] Police Department

[ ] Finance Department

[ ] Community Services, Parks & Recreation Department

62984
Modified 12/21/2021

DEVELOPMENT SERVICES DEPARTMENT

PLANNING DIVISION CONDITIONS OF APPROVAL

DATE: July 15, 2026

PROJECT FILE NO.: PL25-0085 (Special Conditional Use Permit) and PL25 -0086 (Site Approval)

LOCATION: 13925 Benson Avenue, 13822 Oaks Avenue and 13910 Oaks Avenue (APNs: 1021-121-05, 1021-211-02 and 1021-211-05)

APPLICANT: Dirac Project LLC

1.0 TIME LIMITS:

1.1. The above referenced Special Conditional Use Permit and Site Approval shall expire on July 15, 2027 , if building permits are not obtained and/or the appro ved use has not commenced . The expiration date may be extended upon written request by the applicant on a City application form.

The request must be received by the Director of Development Services at least 30 days prior to expiration of the application.

1.2. Should the use for which this approval is granted cease to exist for 180 or more consecutive days, this permit shall be deemed null and void.

2.0 GENERAL REQUIREMENTS:

2.1. The project shall proceed only in substantial conformance with Planning Commission approved plans on file with the Development Services Department, the conditions contained herein and the Chino Municipal Code.

2.2. Failure to comply with any conditions of approval shall be deemed just cause for revocation of project approval by the Planning Commis sion and/or City Council.

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

2.4. Approval of this request shall not waive compliance with any section of the Chino Municipal Code, or any other applicable City ordinances, or applicable specific plan provision.
63985

DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION

CONDITIONS OF APPROVAL
FILE NO.: PL25-0085 (SCUP) & PL25-0086 (SA) DATE: July 15, 2026

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

2.6. The applicant shall indemnify , defend, and hold the City and its elected boards, commissions, officers, agents and employees harmless from any and all actions, claims, or proceedings brought by any party other than the applicant against the City to attack, set aside, void, or annul this discretionary approval, which action is brought within the applicable statute of limitations. This indemnification shall include damages awarded against the City, if any, costs of suit, attorneys’ fees and other costs and expenses incurred in connection with the action. The City shall promptly provide the applicant with notice of the pendency of such action and shall request that the applic ant 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. Upon City’s notification to the applicant of the pendency of the claim or suit, applicant shall make a minimum deposit sufficient to pay all of the applicant’s indemnification obligations for the following ninety (90) days, which includes legal cos ts and fees anticipated to be incurred as determined by the City in its sole discretion (not to exceed Fifty Thousand Dollars ($50,000). If the applicant fails to provide or maintain the deposit, the City may abandon the action and the applicant shall pay all costs resulting from that and City shall have no liability to the applicant.

2.7. The City of Chino has an executive 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.

Waste Management can be reached at 1-800 423-9986.

2.8. All proposed signs shall be designed to conform with the City’s Sign Code (Chino Municipal Code , Title 1 6 – Signs) and shall require separate application and approval by the Director of Development Services prior to installation.

2.9. Any substantial change in the project shall be reviewed by the Development Services Department for compliance with CEQA. Minor changes may be reviewed and approved administratively by the Director of Development Services.

64986

DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION

CONDITIONS OF APPROVAL
FILE NO.: PL25-0085 (SCUP) & PL25-0086 (SA) DATE: July 15, 2026

2.10. Pursuant to Public Resources Code Section 21089 and Fish and Wildlife Code Section 711.4, the developer shall provide those fees marked [X] below in the f orm of a check made payable t o the San Bernardino County Clerk of the Board of Supervisors within 5 days of Planning Commission approval. Project approval shall not be complete until the required fee(s) is (are) paid:

[X] $50 for the Notice of Exemption filing fee.

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

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

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

3.3. All plans shall be coordinated for consistency.

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

3.5. A construction management plan shall be submitted and approved by the Director of Development Services. The plan shall coordinate and address construction activities that may impac t residents and/or surrounding businesses in adjacent areas. Elements of the plan shall 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 65987

DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION

CONDITIONS OF APPROVAL
FILE NO.: PL25-0085 (SCUP) & PL25-0086 (SA) DATE: July 15, 2026

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

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

3.7. Prior to the issuance of any grading permit, detailed on -site landscaping and irrigation construction drawings along with a copy of the Planning Commission approved conceptual landscape plans and a copy of the conditions of approval shall be sub mitted for review and approva l 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 Documen tation 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 M aintenance District, then the plans shall be prepared on City of Chino, Engineering Division base sheets, and shall bear the seal of a landscape architect registered with the state of California. Original mylars shall be submitted to the City upon approval of plans by the City Engineer.

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

3.8. Approval of the conceptual landscape plan by the Planning Commission does not constitute final approval. The final landscape approval (duri ng the plan check process and/or following installation) shall be subject to the review and approval of the City’s Landscape Architect Consultant and the Director of Development Services. The City Landscape Architect or Director of Development Services may require additional/fewer trees, shrubs, vines, and ground cover as necessary, based on final site 66988

DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION

CONDITIONS OF APPROVAL
FILE NO.: PL25-0085 (SCUP) & PL25-0086 (SA) DATE: July 15, 2026

conditions during the landscape plan check process or field review process in order to mitigate any site conditions that were not apparent during either the Planning Commission review or plan check review process.

3.9. All 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 s uch as SCE transformers, backflow prevention devices , irrigation valves and controllers used for common landscape areas shall be placed in areas out of public view and sufficiently screened. The location and method of screening shall be reflected in a plan and shall be subject to the review and approv al by the Director of Development Services . This condition shall not apply to any facilities associated with the Project substation or to any utility -owned infrastructure.

3.10. All electrical panels and cabinets sh all be completely screened. All electrical panels and cabinets shall be fully enclosed and integrated into and architecturally compatible with the building to the satisfaction of the Director of Development Services. The locations of the electrical panels and cabinets shall be reflect ed on a site plan and elevation(s) to be reviewed and approved by the Director of Development Services. BESS units and electrical project components shall be located behind the perimeter CMU wall.

3.11. Prior to the issuance of a building permit, the approved grading plans shall be attached to the construction plan set. The project shall be built in substantial conformance with the plans approved by the Planning Commission on July 15, 2026 , as prepared by Dirac Project 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.

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

3.13. Upon submittal of construction drawings to the Building Division for plan check review, all departmental conditions of approval for the project shall be included on the sheet following the title sheet, or the first sheet of the plans. A site plan shall also be attached to all sets of construction 67989

DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION

CONDITIONS OF APPROVAL
FILE NO.: PL25-0085 (SCUP) & PL25-0086 (SA) DATE: July 15, 2026

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

3.14. The applicant is required to co ntact the West Valley Mosquit o 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 Dist rict, at the applicant’s expense, prior to demolition or grading in order to protect the health of and reduce the risk of neighboring residents to vector -borne diseases. Based on the inspection or survey results, the applicant shall take appropriate vector control methods as recommended by the District.

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

4.0 PRIOR TO START OF CONSTRUCTION:

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

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

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

5.0 PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY:

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

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

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

5.4. A licensed landscape architect or contractor, or other licensed certified professional in a related field shall conduct a final field inspection and shall 68990

DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION

CONDITIONS OF APPROVAL
FILE NO.: PL25-0085 (SCUP) & PL25-0086 (SA) DATE: July 15, 2026

prepare a certificate of completion, which shall be filed with the Dir ector of Development Services. The certificate of completion shall be prepared in accordance with Section 20.19.030.J of the Landscape Ordinance, and shall specifically indicate that plants were installed as specified by the landscape design plan, that the irrigation system was installed as specified by the irrigation design plan, and that an irrigation audit has been performed. All landscape and irrigation audits shall be conducted by a landscape irrigation auditor. Landscape audits shall not be conducted by the person who designed the landscape or installed the landscape.

5.5. A landscape maintenance program for the entire project site shall be reviewed and approved by the Director of Development Services . The maintenance program shall include general landscap e 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 landsca pe 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.

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

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

6.0 ENVIRONMENTAL REQUIREMENTS & MITIGATION MEASURES:

6.1. Comply with all mitigation measures identified in the Mitigation Monitoring Program contained within the technical stu dy conducted for the Dirac Battery Energy Storage System Project and attached as Exhibit "A" to the conditions of approval, which identifies each environmental mitigation measure, the time in which it will be implemented and the responsible party for monitoring its implementation.

7.0 OTHER REQUIREMENTS:

7.1. Prior to grading permit issuance, a ll existing buildings or structures on the project site that are proposed to be demolished shall be removed or razed.

The Director of Development Services may approve an ext ension of time to complete the demolition, based on evidence that the applicant has 69991

DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION

CONDITIONS OF APPROVAL
FILE NO.: PL25-0085 (SCUP) & PL25-0086 (SA) DATE: July 15, 2026

exercised reasonable progress. Approval of this application shall be deemed null and void upon failure of the applicant to comply with this condition within the aforementioned time periods.

7.2. The projec t site shall be cleared of all trash, debris, weeds, and other discarded items prior to construction.

7.3. 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.

7.4. A coating that will facilitate the removal of graffiti shall be applied over the complete height of one side of the wall facing the street. If a coating is not provided, the owner of the property shall paint the buildings and/or walls to remove graffiti within 72 hours of notice.

7.5. Parking and Lighting:

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

7.5.2. All parking spaces shall be double-striped per City standards.

7.6. Refuse and Recycling:

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

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

70992

DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION

CONDITIONS OF APPROVAL
FILE NO.: PL25-0085 (SCUP) & PL25-0086 (SA) DATE: July 15, 2026

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

7.7. Per Section 15.45.070 o f 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 equi valent greenhouse gas (GHG) r eductions 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, re newable 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 requi red 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 SECURITY:

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

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

8.3. Each site shall have only one en try/exit gate, or as approved by the Planning Division.
71993

DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION

CONDITIONS OF APPROVAL
FILE NO.: PL25-0085 (SCUP) & PL25-0086 (SA) DATE: July 15, 2026

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

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

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

8.7. On or near the exterior of each gate will be a sign with the address of the site in no less than 6 " letters. Both the number and street name will be listed on the si gn. 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 matter s concerning trespassing and other criminal matters.
d. Complete routine fence inspections and arrange for prompt repairs or removal of any damage, graffiti, or loose screening. e. Ensure that no work or maintenance of construction equipment is being performed on the site between 8 PM and 7 AM.
72994

DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION

CONDITIONS OF APPROVAL
FILE NO.: PL25-0085 (SCUP) & PL25-0086 (SA) DATE: July 15, 2026

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 ta ken, if evident, to prevent future similar incidents.

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

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

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

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

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

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

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

Impermissible interference for the purposes of this document shall mean 73995

DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION

CONDITIONS OF APPROVAL
FILE NO.: PL25-0085 (SCUP) & PL25-0086 (SA) DATE: July 15, 2026

any interference that violates the rules and regulations of the FCC a nd/or the Communications Act of 1934, as amended.

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

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

Attachment:

Exhibit “A” – Mitigation Monitoring Program

Maximum Time of
Exposure
Noise
Metric
Noise Level Not To Be Exceeded
7 a.m. to 10 p.m. 10 p.m. to 7 a.m.
30 Minutes/Hour L50 55 dBA 50 dBA
15 Minutes/Hour L25 60 dBA 55 dBA
5 Minutes/Hour L8.3 65 dBA 60 dBA
One Minute/Hour L1.7 70 dBA 65 dBA
Any Period of Time Lmax 75 dBA 70 dBA
74996

Dirac BESS Project
Mitigation Monitoring Program
The following table provides the applicable mitigation measures for the Dirac BESS Project (Project) from the City’s General Plan Environmental Impact Report (GP EIR) and project-specific Conditions of Approval (COA) incorporated into the Project pursuant to CEQA Guidelines Section 15183.

Mitigation Measure/Condition of Approval Timing/Phase Implementing Party Monitoring/Verification GP EIR Mitigation Measure AQ-1
Construction Air Quality. Applications for future development and redevelopment, wherein the City’s Director of the Development Services Department or their designee has determined a potential for air quality impacts associated with construction, shall prepare and submit a technical assessment evaluating potential project construction-related air quality impacts to the City for review and approval. The City’s Director of the Development Services Department or their designee shall make this determination based on the size of the project, whether the project would require a transportation impact analysis, or other criteria. The evaluation shall be prepared in conformance with SCAQMD methodology for assessing air quality impacts. The City shall require that applicants for new development projects with the potential to exceed the SCAQMD’s adopted thresholds of significance to incorporate the measures listed below to reduce air pollutant emissions during construction activities. These identified measures shall be incorporated into all appropriate construction documents (e.g., construction management plans) submitted to the City and shall be verified by the City. Mitigation measures to reduce construction related emissions could include, but are not limited to:
• During all construction activities, construction contractors shall use low emission mobile construction equipment where feasible to reduce the release of undesirable emissions.
• During all construction activities, construction contractors shall encourage rideshare and transit programs for project construction personnel to reduce automobile emissions.
• During all grading and site disturbance activities, construction contractors shall water active grading sites at least twice a day, and clean construction equipment in the morning and/or evening to reduce particulate emissions and fugitive dust. • During all construction activities, construction contractors shall, as necessary, wash truck tires leaving the site to reduce the amount of particulate matter transferred to paved streets as required by SCAQMD Rule 403. • During all construction activities, construction contractors shall sweep on- and offsite streets if silt is carried over to adjacent public thoroughfares, as determined by the City Engineer to reduce the amount of particulate matter on public streets. • During all construction activities, construction contractors shall limit traffic speeds on all unpaved road surfaces to 15 mph or less to reduce fugitive dust. • During grading and all site disturbance activities, at the discretion of the City’s Director of the Development Services Department, construction contractors shall suspend grading operations during first and second stage smog alerts to reduce fugitive dust. • During grading and all site disturbance activities, at the discretion of the City’s Director of the Development Services Department, construction contractors shall suspend all grading operations when wind speeds (including instantaneous gusts) exceed 25 mph to reduce fugitive dust. • During all construction activities, the construction contractors shall maintain construction equipment engines by keeping them tuned. • During all construction activities, the construction contractors shall use low sulfur fuel for stationary construction equipment as required by SCAQMD Rules 431.1 and 431.2 to reduce the release of undesirable emissions. • During all construction activities, the construction contractors shall use existing onsite electrical power sources to the maximum extent practicable. Where such power is not available, the Contractor shall use clean fuel generators during the early stages of construction to minimize or eliminate the use of portable generators and reduce the release of undesirable emissions. • During all construction activities, the construction contractors shall use low emission, on site stationary equipment (e.g., clean fuels) to the maximum extent practicable to reduce emissions, as determined by the City Engineer.

During construction
activities
Applicant/Construction
Contractor
City of Chino
75997

• During all construction activities, the construction contractors, in conjunction with the City Engineer, shall locate construction parking to minimize traffic interference on local roads.
• During all construction activities, the construction contractors shall ensure that all trucks hauling dirt, sand, soil or other loose materials are covered or should maintain at least two feet of freeboard (i.e., minimum vertical distance between top of the load and the top of the trailer) in accordance with the requirements of the California Vehicle Code Section 23114 to reduce spilling of material on area roads. • During architectural coating activities, use Super-Compliant VOC paints for coating of architectural surfaces whenever possible. A list of Super-Compliant architectural coating manufactures can be found on the SCAQMD’s website.

COA-AQ-1.

Construction Air Quality. During all construction activities, construction contractors shall use low emission mobile construction equipment where feasible to reduce the release of undesirable emissions. Prior to the commencement of construction activities for the Project, the applicant or its designee shall provide evidence to the City of Chino (City) that all diesel generators used during commissioning of the Project are powered with California Air Resources Board–certified Tier 4 Final engines. An exemption from this requirement may be granted if (1) the applicant documents that the required generators with Tier 4 Final engines are not reasonably available, and (2) the required corresponding reductions in criteria air pollutant emissions can be achieved for the Project from other combinations of construction equipment. Before an exemption may be granted, the applicant’s construction contractor shall: (1) demonstrate that at least 3 construction fleet owners/operators in San Bernardino County or adjacent counties were contacted and that those owners/operators confirmed Tier 4 Final equipment could not be located within San Bernardino County during the desired construction schedule; and (2) the proposed replacement equipment has been evaluated using California Emissions Estimator Model (CalEEMod) or other industry standard emission estimation method and documentation provided to the City to confirm that necessary Project-generated emissions reductions are achieved.

During construction
activities
Applicant/Construction
Contractor
City of Chino
GP EIR Mitigation Measure AQ-2
Operational Air Quality. Applications for future development and redevelopment, wherein the City’s Director of the Development Services Department or their designee has determined a potential for air quality impacts associated with operation, shall prepare and submit a technical assessment evaluating potential project operational- related air quality impacts to the City for review and approval. For individual projects that may exceed the daily operational emissions thresholds established by th e SCAQMD, the owner/permitee shall conduct an analysis of the project’s operational air quality impacts using the latest available CalEEMod mode, or other analytical method determined in conjunction with the City. The City’s Director of the Development Services Department or their designee shall make this determination based on the size of the project, whether the project would require a transportation impact analysis, or other criteria. The evaluation shall be prepared in conformance with SCAQMD methodology for assessing air quality impacts. If such analyses identify potentially significant regional or local air quality impacts, project-level mitigation and/or project design features would be required to reduce operational impacts to less than significant. Mitigation to reduce operational impacts depends on the specific project, but may include measures such as, but not limited to:
• Demonstrate net zero energy expenditure.
• Implementation of transportation demand management measures. • Prohibit the installation of woodstoves, hearths, and fireplaces in new construction facilitated by the General Plan Update. • Expand and facilitate completion of planned networks of active transportation infrastructure. • Implement electric vehicle charging infrastructure beyond requirements set forth in the 2022 CALGreen mandatory measures, such as Tier 2 voluntary measures set forth in 2022 CALGreen (or future more stringent) standards. • Implement traffic demand measures, such as unbundling parking fees from rent/lease options, encouraging/developing a ride-share program for the community, and provide car/bike sharing services, that will reduce daily individual car usage and reduce project VMT.

Completed during
Section 15183
review

N/A N/A
GP EIR Mitigation Measure AQ-3
Health Risk Assessment. For site-specific projects that may site new sensitive land uses within 500 feet of SR-71 or SR-60, the applicant shall prepare a HRA evaluating the potential for sensitive receptors to be exposed to TACs, which shall be required for such individual projects. The HRA shall be prepared in accordance with the policies and procedures of the state OEHHA and the SCAQMD. If the HRA shows that the incremental cancer risk and/or noncancer hazard index exceed the respective thresholds, as established by the SQAQMD at the time a project is considered (i.e., 10 in one million cancer risk and 1 hazard index), the project applicant will be required to identify and demonstrate that best available control technologies to reduce substantial exposure of sensitive receptors to TACs.

Examples may include, but are not limited to, air intakes located away from high-volume roadways and/or truck loading zones unless it can be demonstrated that Completed during
Section 15183
review

N/A N/A
76998

these are operational limitations and/or heating, ventilation, and air conditioning systems provided with appropriately sized MERV filters. Mitigation measures identified in the HRA shall be incorporated into the site development plan as a component of the proposed project.

GP EIR Mitigation Measure BIO-1
Biological Assessment and Mitigation. Applications for future development of vacant properties (and portions thereof), wherein the City’s Director of Development Services or their designee has determined a potential for impacts to sensitive biological resources, shall be required to prepare a site-specific general biological resources survey to identify the presence of any sensitive biological resources, including any sensitive plant or wildlife species. The report shall identify the need for focused presence/absence surveys and identify the presence of state or federal regulated wetlands or waters. If potentially significant impacts to sensitive biological resources, including sensitive species and/or wetlands are identified, the report shall also recommend appropriate mitigation to reduce the impacts to below a level of significance.

Completed during
Section 15183
review

N/A N/A
GP EIR Mitigation Measure BIO-2
Nesting Birds. Applications for future development, wherein the City’s Director of Development Services or their designee has determined a potential for impacts to mature trees and/or native vegetation suitable for nesting birds, shall be required to restrict removal of sensitive habitat and vegetation to outside the breeding seasons of any sensitive species identified within adjacent properties (typical bird breeding season is January 15 to September 15, as early as January 1 for some raptors). If vegetation clearing must begin during the breeding season, a qualified biologist shall provide recommendations to avoid impacts to nesting birds which typically includes a pre-construction survey within three days of the start of construction to determine the presence of active nests.

If active nests are found, avoidance measures shall be implemented to ensure protection of the nesting birds. Avoidance measures may include a no-activity buffer zone, typically 300 feet from the area of disturbance or 500 feet for raptors, established at the discretion of the qualified biologist in consultation with the City, If activity buffer zones are not feasible, temporary noise barriers may be installed to attenuate construction noise. Noise wall height and adequacy shall be supported by a noise analysis to determine the anticipated construction noise levels with attenuation measures as recommended by the biologist and approved by the City.

Periodic noise monitoring shall be conducted during construction to ensure noise attenuation standards are met. Accepted noise levels are species dependent and existing ambient noise levels can play a factor in establishing baseline acceptable noise.

Implemented
through COA-BIO-2.

N/A N/A
COA-BIO-2
Nesting Birds. Initiation of construction activities (i.e., initial minor vegetation clearing) should avoid the migratory bird nesting season (January 15 to September 15), to reduce any potential significant impact to birds that may be nesting on the Project site. If construction activities must be initiated during the migratory bird- nesting season, a pre-construction avian nesting survey must be conducted for protected migratory birds, raptors, and active nests. A qualified biologist shall survey the construction zone and a 250-foot radius surrounding the construction zone in areas that are accessible visually. The avian nesting survey shall be performed by a qualified wildlife biologist within 72 hours prior to the start of construction in accordance with the Migratory Bird Treaty Act and California Fish and Game Code.

If an active bird nest is found, the nest shall be flagged and mapped on the construction plans along with an appropriate no disturbance buffer, which will be determined by the biologist based on the species’ sensitivity to disturbance (typically 50 feet for common, urban-adapted species, 300 feet for other passerine species, and 500 feet for raptors and special-status species). The nest area shall be avoided until the nest is vacated and the juveniles have fledged. The nest area shall be demarcated in the field with flagging and stakes or construction fencing. A qualified biologist (with the ability to stop work) shall serve as a construction monitor during those periods when construction activities will occur near active nest areas to ensure that no inadvertent impacts on these nests occur.

During construction
activities
Qualified biologist City of Chino
GP EIR Mitigation Measure CUL-1
Historic Evaluation. Prior to approval of a future site-specific project that would directly or indirectly affect a building/structure in excess of 50 years of age, the City or a qualified architectural historian shall determine whether the affected building/structure is historically significant. The evaluation shall be based on criteria such as age, location, context, association with an important person or event, uniqueness, or structural integrity, as indicated in the CEQA guidelines. If the evaluation determines that building/structure is not historic, no further evaluation or mitigation would be required. If the building/structure is determined to be historically significant, the preferred mitigation would be to avoid the resource through project redesign. If the resource cannot be avoided, all prudent and feasible measures to minimize or mitigate harm to the resource shall be taken per recommendations of the qualified architectural historian.

Completed during
Section 15183
review

N/A N/A
GP EIR Mitigation Measure CUL-2
Cultural Resources Assessment. Prior to project approval or the issuance of grading permits (whichever is applicable and comes first), the City shall require applicants for future proposed ground disturbing projects to determine the presence or absence of archaeological resources and appropriate mitigation measures.

The following steps to achieve these goals:

Implemented
through COA-CUL-2.

N/A N/A
77999

1. A qualified archaeologist meeting the Secretary of the Interior Standards shall conduct a cultural resources assessment consisting of a record search from the SCCIC, a sacred lands search from the NAHC, a pedestrian survey, background context and project specific recommendations

2. If the cultural resources assessment identifies archaeological resources that have not been evaluated for significance per CEQA thresholds, then an evaluation program shall be completed. An evaluation program generally will include excavation to determine depth, extent, integrity, and content of the subsurface cultural material,

3. If an archaeological resource is determined significant and avoidance through project redesign is not feasible, a data recovery and construction monitoring program shall be implemented to reduce impacts to an archaeological resource to below a significant level, and

4. After construction, a final data recovery and monitoring report shall be completed documenting the result of the data recovery, research design, and monitoring efforts. Confidential attachments must be submitted under separate covers. Artifacts collected during the evaluation, data recovery, and monitoring efforts must be curated at an appropriate facility consistent with the state and federal curation standards (36 CFR 79 of the Federal Register) and that allows access to the artifact collections.

COA-CUL-2
Unanticipated Discovery of Archeological Resources. Prior to the initiation of construction activities, all construction crews should be alerted to the potential to encounter archaeological resources. In the event that archaeological resources (sites, features, and artifacts) are exposed during construction activities involving ground disturbance for the proposed Project, all construction work occurring within 50 feet of the find shall immediately stop until a qualified archaeologist, meeting the Secretary of the Interior’s Professional Qualification Standards for archaeology, can evaluate the significance of the find and determine whether additional study is warranted. This avoidance buffer may be adjusted following inspection of this area by that qualified archaeologist. A Phase II evaluation shall be conducted by a qualified archaeologist, in coordination with consulting Native American tribe(s), as applicable (refer to COA-TCR-1 through COA-TCR-6). The Phase II evaluation shall determine whether the resource qualifies as a historical resource under CEQA Guidelines Section 15064.5, a unique archaeological resource under Public Resources Code Section 21083.2, or a tribal cultural resource under Public Resources Code Section 21074. The evaluation may include mapping, surface collection, subsurface testing, artifact analysis, archival research, and preparation of a technical evaluation report.

Prehistoric archaeological deposits may be indicated by the presence of discolored or dark soil, fire-affected material, concentrations of fragmented or whole shell, burned or complete bone, non-local lithic materials, or characteristics observed to be atypical of the surrounding area. Common prehistoric artifacts may include modified or battered lithic materials; lithic or bone tools that appeared to have been used for chopping, drilling, or grinding; projectile points; fired clay ceramics or non-functional items; and other items. Historic-age deposits are often indicated by the presence of glass bottles and shards, ceramic material, building or domestic refuse, ferrous metal, or old features such as concrete foundations or privies.

If a resource is determined to be significant and project impacts cannot be avoided through preservation in place, project redesign, or other avoidance measures, a Phase III Data Recovery Plan or Cultural Resources Treatment Plan shall be prepared and implemented prior to impacts. The plan shall be prepared by a qualified archaeologist, in consultation with the lead agency and consulting Native American tribe(s), as applicable. The plan shall identify appropriate treatment methods, research questions, excavation and sampling procedures, monitoring requirements, laboratory analysis, curation or reburial procedures, reporting requirements, and protocols for inadvertent discoveries and human remains. Phase III work shall be completed before construction activities may proceed in the affected resource area, unless otherwise approved by the lead agency.

During construction
activities
Qualified archaeologist City of Chino
GP EIR Mitigation Measure GEO-1
Paleontological Resources Evaluation. Applications for future development, wherein the Community Development Director or his or her designee has determined a potential for impacts to paleontological resources, shall review the underlying geology and paleontological sensitivity of the site. If it is determined that the potential exists that sensitive paleontological resources are present, the applicant shall provide a paleontological resources technical report consisting of a record search, survey, background context and project specific recommendations performed by a qualified paleontologist. If it is determined there is potential for paleontological resources to be present, a qualified paleontological monitor shall be present during grading in locations where the paleontological resources technical report determined that such monitoring is necessary due to the potential for paleontological resources to reside within the underlying geologic formations. The paleontological resources technical report shall also provide specific duties of the monitor, and detailed measures to address fossil remains, if found.

Implemented
through COA-GEO-1.

N/A N/A
COA-GEO-1
Paleontological Resources Mitigation and Monitoring Program and Paleontological Monitoring. Prior to commencement of any grading activity on site, the Project applicant shall retain a qualified paleontologist per the Society of Vertebrate Paleontology (SVP) 2010 guidelines to prepare and implement a Paleontological Resources Mitigation and Monitoring Program (PRMMP) for the Project. The PRMMP shall be consistent with the SVP (2010) guidelines and outline requirements for preconstruction meeting attendance and worker environmental awareness training; indicate where paleontological monitoring is required, starting at 5 feet below During construction
activities
Qualified
paleontologist
City of Chino
781000

ground surface (bgs), within the Project site based on construction plans and/or geotechnical reports; and outline procedures for adequate paleontological monitoring and discoveries treatment, including paleontological methods (including sediment sampling for microinvertebrate and microvertebrate fossils), reporting, and collections management.

In addition, a qualified paleontological monitor shall be on site during significant ground-disturbing activities (including augering) below a depth of 5 feet or a depth determined by the qualified paleontologist. No paleontological monitoring is necessary during ground disturbance within artificial fill or above 5 feet bgs. In the event that paleontological resources (e.g., fossils) are unearthed during grading, the paleontological monitor will temporarily halt and/or divert grading activity to allow recovery of paleontological resources. The area of discovery shall be roped off with a 50-foot radius buffer or less as determined appropriate by the qualified paleontological monitor. Once documentation and collection of the find is completed, the monitor will allow grading to recommence in the area of the discovery. Any fossil lab or curation costs (if necessary due to fossil recovery) are the responsibility of the Project applicant.

GP EIR Mitigation Measure GHG-1
Greenhouse Gas. All future site-specific projects shall be required to demonstrate consistency with the City’s CAP. As stated in Appendix A of the CAP, analysis of site-specific projects can either be done through emissions calculations or by using the Screening Tables. Site-specific projects that obtain at least 100 points would be consistent with the reduction quantities anticipated in the CAP. Those site-specific projects that do not obtain 100 points using the Screening Tables would need to provide additional analysis to determine the significance of GHG emissions.

Per Section 15.45.070 of the City’s Municipal Code, GHG Performance Standards for New Development, all new development not utilizing the Screening Tables shall contribute to the reduction of GHG emissions by demonstrating consistency with the CAP by implementing one or a combination of the following three options:

1. Exceed the mandatory California Energy Code Title 24, Part 6 standards, in effect at the time of application submittal by five percent; or

2. 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 development application submittal for discretionary review; or

3. Provide other equivalent 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 0.074 MT CO2E per residential dwelling unit per year and/or per thousand square feet of commercial/industrial use per year.

Applicants that choose Option 1 described above would be required to verify that their site-specific project meets the five percent 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 2 or 3 described above would 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.

During construction
activities
Applicant/Construction
Contractor
City of Chino
GP EIR Mitigation Measure NOI-1
Exterior Noise Analysis. Prior to the issuance of building permits, site-specific exterior noise analyses that demonstrate that the site-specific project would not place residential receptors in locations where the exterior existing or future noise levels would exceed the City’s noise compatibility standards (Table HSN-1) shall be required as part of the review of future residential development proposals. Noise reduction measures, including but not limited to building noise barriers, increased building setbacks, speed reductions on surrounding roadways, alternative pavement surfaces, or other relevant noise attenuation measures, may be used to achieve the noise compatibility standards. Exact noise mitigation measures and their effectiveness shall be determined by the site-specific exterior noise analyses.

Completed during
Section 15183
review

N/A N/A
GP EIR Mitigation Measure NOI-2
Interior Noise Analysis. Prior to the issuance of building permits, site specific interior noise analyses demonstrating compliance with the City’s interior noise compatibility standards and other applicable regulations shall be prepared for noise sensitive land uses located in areas where the exterior noise levels exceed the City’s noise compatibility standards. Noise control measures, including but not limited to increasing roof, wall, window, and door sound attenuation ratings, placing heating, ventilation, and air conditioning equipment in noise reducing enclosures, or designing buildings so that no windows face freeways or major roadways may be used to achieve the noise compatibility standards. Exact noise mitigation measures and their effectiveness shall be determined by the site-specific exterior noise analyses.

Completed during
Section 15183
review

N/A N/A
GP EIR Mitigation Measure NOI-3
Stationary Noise. Prior to the issuance of a building permit, a site-specific acoustical/noise analysis of any on-site generated noise sources, including generators, mechanical equipment, and trucks, shall be prepared which identifies all noise-generating equipment, predicts noise levels at property lines from all identified equipment, and recommends mitigation to be implemented (e.g., enclosures, barriers, site orientation), to ensure compliance with the City’s noise standards. Noise Completed during
Section 15183
review

N/A N/A
791001

reduction measures shall include building noise-attenuating walls, limiting the hours of operation, or other attenuation measures. Additionally, future site-specific projects shall be required to buffer sensitive receptors from noise sources through the use of open space and other separation techniques as recommended after thorough analysis by a qualified acoustical engineer. Exact noise mitigation measures and their effectiveness shall be determined by the site-specific noise analyses.

GP EIR Mitigation Measure NOI-4
Construction Noise. Construction contractors shall implement the following measures for construction activities conducted in the Planning Area. These measures shall be identified on demolition, grading, and construction plans submitted to the City:
• The City’s Development Services Department shall verify that grading, demolition, and/or construction plans submitted to the City include these notations prior to issuance of demolition, grading, and/or building permits. • Construction activity is limited to the hours: Between 7:00 a.m. and 8:00 p.m. Monday through Saturday as prescribed in Municipal Code Section 15.44.030.

No construction activities shall be permitted outside of these hours or on Sundays and federal holidays. • During the entire active construction period, equipment and trucks used for project construction shall use the best-available noise control techniques (e.g., improved mufflers, equipment redesign, use of intake silencers, ducts, engine enclosures, and acoustically attenuating shields or shrouds), wherever feasible. • Impact tools (e.g., jack hammers and hoe rams) shall be hydraulically or electrically powered wherever possible. Where the use of pneumatic tools is unavoidable, an exhaust muffler on the compressed air exhaust shall be used along with external noise jackets on the tools. • Stationary equipment, such as generators and air compressors shall be located as far as feasible from nearby noise sensitive land uses. • Stockpiling shall be located as far as feasible from nearby noise sensitive land uses. • Construction traffic shall be limited, to the extent feasible, to approved haul routes established by the City’s Development Services Department. • At least 10 days prior to the start of construction activities, a sign shall be posted at the entrance(s) to the job site, clearly visible to the public, that includes permitted construction days and hours, as well as the telephone numbers of the City’s and contractor’s authorized representatives that are assigned to respond in the event of a noise or vibration complaint. If the authorized contractor’s representative receives a complaint, he/she shall investigate, take appropriate corrective action, and report the action to the City. • Signs shall be posted at the job site entrance(s), within the on-site construction zones, and along queueing lanes (if any) to reinforce the prohibition of unnecessary engine idling. All other equipment shall be turned off if not in use for more than 5 minutes. • During the entire active construction period and to the extent feasible, the use of noise-producing signals, including horns, whistles, alarms, and bells, shall be for safety warning purposes only. The construction manager shall use smart backup alarms, which automatically adjust the alarm level based on the background noise level or switch off backup alarms and replace with human spotters in compliance with all safety requirements and laws. • Erect temporary noise barriers (at least as high as the exhaust of equipment and breaking line-of-sight between noise sources and sensitive receptors), as necessary and feasible, to maintain construction noise levels at or below the noise level limits established in the Municipal Code.

During construction
activities
Applicant/Construction
Contractor
City of Chino
GP EIR Mitigation Measure NOI-5
Construction Vibration. Prior to issuance of a building permit for a project requiring pile driving during construction within 135 feet of fragile structures, such as historical resources, 100 feet of non-engineered timber and masonry buildings (e.g., most residential buildings), or within 75 feet of engineered concrete and masonry (no plaster); or a vibratory roller within 25 feet of any structure, the project applicant shall prepare a noise and vibration analysis to assess and mitigate potential noise and vibration impacts related to these activities. This noise and vibration analysis shall be conducted by a qualified and experienced acoustical consultant or engineer. The vibration levels shall not exceed FTA architectural damage thresholds (e.g., 0.12 in/sec PPV for fragile or historical resources, 0.2 in/sec PPV for non-engineered timber and masonry buildings, and 0.3 in/sec PPV for engineered concrete and masonry). If vibration levels would exceed this threshold, alternative uses such as drilling piles as opposed to pile driving and static rollers as opposed to vibratory rollers shall be used. If necessary, construction vibration monitoring shall be conducted to ensure vibration thresholds are not exceeded.

During construction
activities
Applicant/Construction
Contractor
City of Chino
COA-TCR-2
Retention of Qualified Archaeologist and Cultural Resources Sensitivity Training. Prior to issuance of grading permits, the Project Applicant shall provide evidence to the City that a qualified archaeologist meeting the Secretary of the Interior’s Professional Qualification Standards for arch aeology has been retained to conduct Prior to issuance of
grading permits
Applicant/Construction
Contractor
City of Chino
801002

required cultural resources training, monitoring coordination, evaluation, and treatment of archaeological resources and/or T ribal Cultural Resources that may be encountered during Project implementation.

Prior to the start of any ground-disturbing activities, the qualified archaeologist shall conduct cultural resources sensitivity training for all construction personnel. The training shall address, at minimum, the types of archaeological resources, Tribal Cultural Resources, prehistoric resources, historic-period resources, cultural materials, cultural features, and human remains that may be encountered; the legal and regulatory protections for such resources; the pr ocedures to be followed in the event of an inadvertent discovery; and the authority of the qualified archaeologist, Native American monitor(s), and City to halt or redirect work in the event of a discovery.

Native American monitor(s) representing consulting Tribe(s) (Yuhaaviatam of San Manuel Nation, Gabrieleño Band of Mission Indians – Kizh Nation, Juaneño Band of Mission Indians -Acjachemen Nation, and Morongo Band of Mission Indians) shall be invited to participate in the cultural resources sensitivity training. The Project Applicant shall ensure that construction personnel attend the training and shall retain documentation demonstrating attendanc e. Training documentation shall be made available to the City upon request.

COA-TCR-2
Native American Monitoring Agreements. At least 30 days prior to issuance of grading permits, and prior to the commencement of any ground-disturbing activity, the Project Applicant shall coordinate with the consulting Tribes (Yuhaaviatam of San Manuel Nation, Gabrieleño Band of Mission Indians – Kizh Nation, Juaneño Band of Mission Indians -Acjachemen Nation , and Morongo Band of Mission Indians ) requesting monitoring to execute Native American Monitoring Agreement(s). The agreement(s) shall identify the monitor(s), monitoring requirements, communication protocols, roles and responsibilities, authority to temporarily halt or redirect work in the event of a discovery, discovery notification procedures, treatment protocols, confidentiality requirements, procedures for fi nal disposition of Tribal Cultural Resources, and procedures for addressing human remains in accordance with applicable law. The Native American Monitoring Agreement shall address the monitoring requirements for each consulting Tribe, including procedures for coordinating monitor participation where more than one Tribe requests monitoring, with the intent of establishing an agreed -upon monitoring schedule or sharing protocol that limits on -site monitoring to one Native American monitor at a time, unless otherwise determined necessary through consultation with the City, Project Applicant, qualified archaeologist, and consulting Tribe(s).

The Project Applicant shall submit a copy of the executed monitoring agreement(s) to the City prior to the earlier of: (1) co mmencement of any ground -disturbing activity; or (2) issuance of any permit necessary to authorize ground-disturbing activity.

Prior to the start of ground -disturbing work, the Project Applicant shall conduct a construction coordination meeting with the qualified archaeologist, co nstruction contractor, City, and Native American monitor(s)/Tribal representative(s) from consulting T ribe(s). The purpose of the meeting shall be to review the monitoring requirements, construction schedule, areas of ground disturbance, discovery protocols, communication procedures, and safety requirements.

For purposes of these conditions of approval, “ground disturbing activities” shall include, but are not limited to, foundation demolition, pavement removal, potholing, augering, grubbing, boring, grading, excavation, drilling, trenching, utility installation, and any other activity that has the potential to disturb native soils, whether on- site or within off-site improvement areas required for the Project. Ground-disturbing activities shall not include any above-grade activities which do not disturb native soils, such as demolition of roofs or walls of existing structures which do not impact building foundations.

At least 30 days
prior to issuance of
grading permits
Applicant, City of
Chino, and consulting
Tribes (Yuhaaviatam of
San Manuel Nation,
the Gabrieleño Band
of Mission Indians –
Kizh Nation, the
Juaneño Band of
Mission Indians,
Acjachemen Nation,
and Morongo Band of
Mission Indians)
City of Chino
COA-TCR-3
Native American Monitoring During Ground-Disturbing Activities. Native American monitor(s) representing the consulting Tribes (Yuhaaviatam of San Manuel Nation, Gabrieleño Band of Mission Indians – Kizh Nation, Juaneño Band of Mission Indians - Acjachemen Nation, and Morongo Band of Mission Indians) requesting monitoring shall be present during initial ground-disturbing activities within the Project site and any off-site improvement areas included as part of the Project, as provided in the Monitoring Agreement(s). Monitoring shall continue until the qualified archaeologist and Native American monitor(s), in consultation with the City a nd applicable Tribe(s), determine that monitoring is no longer necessary based on soil conditions, depth of disturbance, prior disturbance, or absence of cultural materials.

If cultural materials, archaeological resources, Tribal Cultural Resources, cultural features, or other potentially significant resources are identified during construction, monitoring may be increased, modified, or resumed as determined necessary by the qualified archaeologist and Native American monitor(s), in consultation with the City and applicable Tribe(s).

If pre-contact cultural resources are identified, the consulting Tribes (Yuhaaviatam of San Manuel Nation, Gabrieleño Band of Mission Indians – Kizh Nation, Juaneño Band of Mission Indians - Acjachemen Nation, and Morongo Band of Mission Indians) shall be notified and provided information regarding the nature of the find after the qualified archaeologist’s initial assessment, so that Tribal input may be provided regarding the significance and treatment of the resource. If a significant pre-contact resource is identified and YSMN elects to place a monitor on-site, a monitor representing YSMN shall be allowed to monitor for the remainder of the ground-disturbing activities or as otherwise determined through consultation.

During ground-
disturbing activities
Consulting Tribes
(Yuhaaviatam of San
Manuel Nation, the
Gabrieleño Band of
Mission Indians – Kizh
Nation, the Juaneño
Band of Mission
Indians, Acjachemen
Nation and Morongo
Band of Mission
Indians)
City of Chino
COA-TCR-4
Unanticipated Discovery of Archaeological Resources or Tribal Cultural Resources. In the event that archaeological resources, Tribal Cultural Resources, cultural materials, cultural features, or other potential cultural resources are discovered during Project activities, all work within a 100-foot buffer of the discovery shall During ground-
disturbing activities
Applicant, City of
Chino, and consulting
Tribes (Yuhaaviatam of
City of Chino
811003

immediately halt or be redirected. The buffer may be increased or decreased by the qualified archaeologist, in consultation with the Native American monitor(s), City, and applicable Tribe(s), based on the nature of the discovery, site conditions, and the need to protect the resource. A formal environmental sensitive area (ESA) and physical demarcations (i.e. staking, flagging, snow fencing) should be constructed denoting the 100-foot buffer zone around potentially significant finds (if the potential resource is located in a high-traffic area or are visible by individuals not associated with the project, a more discreet form of avoidance, such as a GIS shapefile or manual redirection is preferred in lieu of physical demarcations).

Work shall not resume within the buffer area until the qualified archaeologist has evaluated the discovery and conferred with the City and, where the discovery involves prehistoric, Native American, or Tribal Cultural Resources, the Native American monitor(s) and consulting Tribe(s). The qualified archaeologist shall assess the nature and significance of the discovery and recommend appropriate treatment in consultation with the City and applicable Tribe(s).

Where avoidance of resources through project redesign is not possible, preservation in place shall be the preferred treatment with data recovery excavations and curation in facility that meets Federal Curation Standards (36 CFR 79) only if all other options are proven to be infeasible. Preservation in place may include, but is not limited to, avoidance, project redesign, incorporation into open space, capping, protective covering, or other measures t hat would avoid disturbance of the resource. If preservation in place is demonstrated to be infeasible, the qualified archaeologist shall prepare and implement a Treatment Plan in consultation with the City and applicable Tribe(s) and in accordance with the approved Monitoring Agreement(s). The Treatment Plan shall provide for the adequate recovery, documentation, analysis, and treatment of the resource, while also considering Tribal cultural values and not solely scientific values.

Construction shall not resume in the discovery area until the treatment measures have been completed, the qualified archaeologist and Native American monitor(s), in consultation with the City and applicable Tribe(s), confirm that work may proceed, and the City authorizes work to resume.

If artifacts, cultural materials, or Tribal Cultural Resources are recovered during Project implementation, the qualified archaeologist and Native American monitor(s), in consultation with the City and consulting Tribe(s), shall document the materials and determine appropriate treatment and disposition. Treatment may include, but is not limited to, avoidance, reburial, return to the appropriate Tribe, curation, or other culturally appropriate treatment determined through consultation.

Documentation shall include, as applicable, records of recovered materials, treatment measures, correspondence confirming Tri bal disposition decisions, and confirmation that any required treatment has been completed. Confidential information regarding the location, nature, or character of Tribal Cultural Resources shall be protected from public disclosure to the extent allowed by law.

San Manuel Nation,
the Gabrieleño Band
of Mission Indians –
Kizh Nation, the
Juaneño Band of
Mission Indians,
Acjachemen Nation,
and Morongo Band of
Mission Indians)
COA-TCR-5
Human Remains. If human remains or funerary objects are encountered during any Project-related activity, work shall immediately cease within 100 feet of the discovery, or within another distance determined appropriate by the qualified archaeologist and City based on the nature of the discovery. The San Bernardino County Coroner shall be immediately notified in accordance with California Health and Safety Code Section 7050.5. No further excavation or disturbance of the discovery area, or any nearby area reasonably suspected to overlie adjacent remains, shall occur until the requirements of State law have been satisfied.

No photographs are to be taken, except by the Coroner, with written approval by the Consulting Tribe[s]. Project personnel/observers should be restricted from entry into the area.

If the County Coroner determines that the remains are Native American, or are believed to be Native American, the Coroner shall notify the Native American Heritage Commission within 24 hours. The NAHC shall identify the Most Likely Descendant in accordance with Public Resources Code Section 5097.98. The Most Likely Descendant shall be granted access to the discovery area and shall provide recommendations for treatment and disposition of the remains and any associated funerary objects. The Project Applicant, City, qualified archaeologist, and Native American monitor(s), as applicable, shall implement the procedures required by Health and Safety Code Section 7050.5 and Public Resources Code Section 5097.98.

During ground-
disturbing activities
County Coroner and
consulting Tribes
(Yuhaaviatam of San
Manuel Nation, the
Gabrieleño Band of
Mission Indians – Kizh
Nation, the Juaneño
Band of Mission
Indians, Acjachemen
Nation, and Morongo
Band of Mission
Indians)
City of Chino
COA-TCR-6
Documentation, Reporting, and Compliance Verification. The qualified archaeologist, Native American monitor(s), Project Applicant, construction contractor, and/or City, as applicable, shall maintain documentation demonstrating implementation of these mitigation measures. Documentation may include, but is not limited to, worker training logs, monitoring logs, records of coordination, discovery reports, treatment documentation, correspondence with consulting Tribe(s), disposition documentation, confidentiality records, and confirmation that work did not resume in discovery areas until required treatment was completed.

Upon completion of ground-disturbing activities, the qualified archaeologist shall prepare a Final Monitoring and Mitigation Summary Report documenting implementation of the mitigation measures, monitoring activities, any discoveries, treatment measures, Tribal coordination, and final disposition of any recovered materials. The report shall be submitted to the City and provided to consulting Tribe(s) for review, subject to confidentiality protections for sensitive Tribal Cultural Resource information.

Any archaeological, cultural, or monitoring documents prepared for the Project, including isolate records, site records, survey reports, testing reports, monitoring reports, treatment plans, and final reports, shall be provided to the City and Project Applicant and, as appropriate, transmitted to consulting Tribe(s) in good faith for review and comment, subject to confidentiality requirements.

During ground-
disturbing activities
Applicant, City of
Chino, and consulting
Tribes (Yuhaaviatam of
San Manuel Nation,
the Gabrieleño Band
of Mission Indians –
Kizh Nation, the
Juaneño Band of
Mission Indians,
Acjachemen Nation,
and Morongo Band of
Mission Indians)
City of Chino
821004

831005

PUBLIC WORKS CONDITIONS OF APPROVAL
Reviewed/Approved By: JP Date: 7/2/2026
Template Rev. 6/19/2025
PROJECT NO. PL25-0085 (SCUP) & PL25-0086 (SA)

DATE: June 25, 2026 PC MEETING DATE: July 15, 2026

PROJECT DESCRIPTION: New 400-megawatt Dirac Battery Energy Storage System on 13.89 AC

PROJECT LOCATION: 13925 Benson Ave, 13822 Oaks Ave & 13910 Oaks Ave (APN 1021-125-05, 1021-211-02 & 1021-211-05)

APPLICANT: Dirac Project, LLC PROJECT ENGINEER: Isidro Abreo

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

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

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

1.0 PRIOR TO ISSUANCE OF BUILDING OR CONSTRUCTION PERMITS:

1.1. All required plans and studies shall be prepared by a Registered Professional Engineer and submitted to the Project Engineer for review and approval. All project plans must be approved by the City Engineer's office before a Building Permit will be issued. All maps, studies, calculation sheets, reports, etc. must be on and/or folded in an 11-inch by 8½-inch standard format.

1.2. Make the following dedications:

Street Name Distance Direction From C/L
Oaks Avenue 33’ West

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

1.4. Prepare and submit a drainage study, including supporting hydraulic and hydrological data to the project engineer for approval. The study shall confirm or recommend changes to the City’s adopted Master Drainage Plan by identifying off -site and on -site storm water runoff impact resulting from build-out of permitted General Plan land uses. In addition, the study shall identify the project’s contribution and shall provide locations and sizes of catchments and system connection points and all downstream drainage mitigation measures.

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

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

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

841006

PROJECT NO. PL25-0085 (SCUP)
& PL25-0086 (SA)
2 June 25, 2026

1.8. Design per City Standards and construct full public improvements for all impacted and interior streets/facilities in accordance with City Code, Standards and Specifications. Such public improvements shall include, but not be limited to, the following: (Please coordinate and verify all requirements with the project engineer.)
Street Names
Benson
Avenue(1)
Oaks
Avenue(1)

Curb & Gutter (Offset from Centerline) X(21’) X(22’)
Sidewalk (Width)(2) X(5’) X(5’)(3)
Curb Ramps(2)(4) X
Asphalt Concrete Pavement on Aggregate
Base (Width from Centerline)

Asphalt Concrete Overlay(5) X X
Street Lights X
Median Island and Landscaping
Parkway Landscaping(6) X X
Striping and Traffic Controls(7) X X
Traffic Signal Interconnect
Conduit System for CATV
Sewer(8) X
Storm Drain(9) X X
Domestic Water(10) X X
Recycled Water(10) X
Fire Hydrants as required by CVIFD
Driveway Approaches(11) X X
(1) Repair all damage to existing public improvements caused by the proposed construction activities and as requested by the Public Works Inspector. All required street improvements should follow the new City Standard for street trenching backfill and repair. (2) These public improvements shall be made accessible to pedestrians and meet all accessibility (ADA) requirements, prior to project acceptance.
(3) The new sidewalk on Oaks Ave shall extend from the northerly property line down (south) to the existing sidewalk, located near the Freedom Ct and Oaks Ae intersection, on the west side of the road.
(4) As described in Condition 1.14.
(5) Minimum 2” grind and overlay to centerline of road. (6) Parkway landscape and irrigation shall remain along the project frontage on Benson Ave & Oaks Ave. The property owner is responsible for the maintenance of these improvements. (7) Extent of the signing & striping plan shall be dictated by the City Traffic Engineer and shall include crosswalk restriping at the intersection of Benson Ave and Daniels St. This may also include any required centerline striping on Oaks Ave.
(8) Provide a new sewer service lateral and abandon any unused/existing lines to the property where applicable, per City standards. The proposed sewer lateral shall not be located within any of the proposed project driveways.
851007

PROJECT NO. PL25-0085 (SCUP)
& PL25-0086 (SA)
3 June 25, 2026

(9) Proposed parkway storm drain and WQMP BMPs shall be constructed near the southwest corner and the southeast corner of the project site and shall safely discharge treated stormwater flows into the existing curb & gutter.
(10) Provide new water meters (domestic and recycled) and appurtenances and abandon unused services where applicable, per City standards.
(11) Proposed driveway approaches shall be constructed per City Std. No. 250 with 6 -ft sidewalks. Minimum width shall be 30 -ft. Minimum radii shall be per City and Chino Valley Independent Fire District (CVIFD) requirements.

1.9. All improvements shall comply with federal, state, and local accessibility regulations and standards. a. The review or approval of plans and specifications by the City does not permit the violation of any section of the federal law, state law, building code, or local ordinance. b. Where accessibility standards are contradictory, the provision that provides the most accessible (restrictive) condition shall apply.
c. Where the project’s conditions of approval conflict with accessibility regulations and standards, the prevailing provision shall be determined by City’s Accessibility Coordinator and City Engineer.

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

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

1.10. Design and install a monitoring manhole (per City Standard No. 530) on each domestic sewer lateral connection that is tributary to the City's sewer main line.

1.11. Execute a Public Improvement Agreement and submit security in an amount acceptable to the City Engineer to guarantee construction of the public improvements listed in 1. 8. All security must be accessible to the City at any time and in a form acceptable to the City Engineer, pursuant to Government Code, Section 66499.

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

1.13. 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. Curb ramps (should be directional with one curb ramp provided for each pedestrian crossing and shall comply with the City’ Policy on Accessible Pedestrian Facilities); c. Pedestrian crossings at driveways;
d. Crosswalks (marked, unmarked, signalized); and
e. Path of travel from right-of-way to each feature pad area, may be applicable.

861008

PROJECT NO. PL25-0085 (SCUP)
& PL25-0086 (SA)
4 June 25, 2026

1.14. Existing and proposed 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 and proposed improvements shall be made compliant with accessibility regulations as a part of this project:
i. A 5-ft minimum width sidewalk fronting the project on Benson Ave, connecting to the existing sidewalk to the south, and connecting to the north with a new;
ii. directional curb ramp at the southeast corner (SEC) of the Benson Ave and Daniels St intersection.
iii. Two directional curb ramps at the southwest corner (SWC) of the Benson Ave and Daniels St intersection.
iv. A directional curb ramp at the northwest corner (NWC) of the Benson Ave and Daniels St intersection.
v. Crosswalks at the intersection of Benson Ave and Daniels St. vi. Driveway approach crossings at both Benson Ave and Oaks Ave. vii. A 5-ft minimum sidewalk fronting the project on Oaks Ave that extends from the north property line down (south) to the existing sidewalk, located near the Oaks Ave and Freedom Ct intersection.

b. Improvements that are non-compliant with the accessibility standards in effect at the time of construction or alteration, shall be brought up to current accessibility standards. This work shall be incorporated into the scope of this project and shall be completed prior to acceptance by the City.

c. Improvements that are compliant with the accessibility standards in effect at the time of construction, shall be documented on a separate construction plan with detailed specifications (running and cross slopes of all pedestrian walking surfaces, locations, dimensions and slopes of maneuvering spaces and landings, width of sidewalk, clear width and vertical clearance from obstructions). The accessibility of existing improvements will be verified by City inspection staff upon completion of the project. Discrepancies between documented existing conditions and existing conditions as measured by City staff shall be remediated and brought up to accessibility standards as part of the project.

1.15. 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 fo r 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.

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).

1.16. 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 871009

PROJECT NO. PL25-0085 (SCUP)
& PL25-0086 (SA)
5 June 25, 2026

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 Identi fication 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 ar e available by calling (916) 341 -5537 or on the SWRCB web site at:
http://www.swrcb.ca.gov/water_issues/programs/stormwater/constpermits.shtml.

1.17. 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.

1.18. 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.

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

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

1.21. 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.

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 cur rent 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.

881010

PROJECT NO. PL25-0085 (SCUP)
& PL25-0086 (SA)
6 June 25, 2026

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. 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 com pleted City of Chino BMP field verification form for review and approval.

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

2.4. Rehabilitate all street pavement along all streets impacted by the development as directed by City staff. Install signing and striping per approved plans.

2.5. 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.

3.0 PRIOR TO FINAL ACCEPTANCE/PROJECT CLOSEOUT:

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

3.2 Coordinate with the City and Southern California Edison (SCE) to transfer all applicable streetlight electrical service accounts to the City.

3.3 Submit to the City, electronic files of “as -built” improvement plans in AUTOCAD, Es ri 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
891011

Rev 6/25/26

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

DEVELOPMENT ENGINEERING DIVISION

PROJECT NO. PL25-0085 (SCUP) & PL25-0086 (SA)

PROJECT ENGINEER: Isidro Abreo
DATE: 6/25/2026

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

ENGINEERING TECHNICIAN WHEN MAKING AN APPOINTMENT FOR FIRST PLAN CHECK SUBMITTAL

Copy of Development Engineering Division Conditions of Approval Plan Check Fee Calculation Form
Maps (Subdivision Only)
Preliminary Title Report (no older than six months)
Closure Calculations
Referenced Maps (Subdivision Only)
Soils Report (no older than sixty days)
Lot line adjustment (Lot merger)- Exhibit A (Legal Description) & Exhibit B (Plat) Right-of-way dedication (Deed-of-ROW)- Exhibit A (Legal Description) & Exhibit B (Plat) Rough Grading Plan
Precise Grading & Erosion Control Plan- with private storm drain improvements Storm Drain Plans
Hydrology and Hydraulic Calculations with Backup Data (Signed and Sealed by a Registered Civil Engineer)
Engineering Cost Estimate (On City Forms) with Engineer’s Wet Signature and Stamp Street Improvements Plans- (1) Benson Ave & (2) Oaks Ave Cross-Sections (if street plans are required) at 50’ intervals and extended a minimum of 100’ beyond limits of improvements
Sewer Plans- revisions to the City of Chino record drawing (BA-0047) Domestic Water Plans- revisions to the City of Chino record drawing (CB-0104) Recycled Water Plans- revisions to the City of Chino record drawing (CB 1365-1370 RC) Street Light Plans
Voltage Drop Calculations (Signed and Sealed by a Registered Engineer) Signing and Striping Plans- Benson Ave and Daniels St
Traffic Signal Interconnect Plans
Traffic Signal Plans
Water Quality Management Plan
Construction Management Plan

901012
Special Districts Leadership Foundation - District of Distinction Since 2008

June 17, 2026

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. The fire apparatus access road shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. The road grade sha ll 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.

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

2025-00000138

Fire Protection Requirements

DIRAC PROJECT LLC
11801 DOMAIN BLVD STE 450
AUSTIN, TX - Texas 78758
Project Name: BESS Project – DRC25-0005
PL 25-0007, PL25-0085, PL25-0086
Project Address: 13822, 13910 Oaks Ave. &
13925 Benson Ave., CHINO, CA 91710

Board of Directors

Mike Kreeger
President
Tom Haughey
Vice President
Harvey Luth
Sarah Evinger-
Ramos
Andrew Romaine

Fire Chief
Dave Williams
911013
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.

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.

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.

921014
Special Districts Leadership Foundation - District of Distinction Since 2008

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

3.1 An automatic fire alarm system is required. An electronic/PDF set of detailed plans shall be submitted showing the design, systembcomponents, 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 Standards. The contractor is required to submit a report to The Compliance Engine (TCE).

3.2 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.

3.3 "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.

3.4 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.

3.5 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.

3.6 A hazard mitigation analysis and report shall be submitted for Fire District approval for any proposed BESS system. The report shall include requirement as specified in the current adopted edition of the California Fire Code, well as requirements specified in the current edition of the California Building Code.

3.7 Fire Mitigation Personnel shall be on-site to respond to possible ignition or re -ignition of a damaged ESS, the system owner, agent or lessee shall dispatch within 15 minutes one or more fire mitigation personnel to the premise, as required and approved, at their expense.

These personnel shall remain on duty continuously after the fire department leaves the premise until the damaged energy storage equipment is removed from the premises, or earlier if the fire code official indicates the public safety hazard has been abated. (Material based on NFPA 855 2023 Ed.)

3.8 SPECIAL CONDITIONS:

The proposed Battery Energy Storage System (BESS) project Dirac shall be designed, installed, operated, and maintained in accordance with all applicable state, and local regulations.
931015
Special Districts Leadership Foundation - District of Distinction Since 2008

The project shall incorporate comprehensive safety, fire protection, electrical, and operational measures intended to ensure compliance with the requirements set forth and adopted by the state of California and in turn by Chino Valley Fire District. The system will conform to the following standards and codes:

• National Fire Protection Association (NFPA) 855, Standard for the Installation of Stationary Energy Storage Systems
• NFPA 70, National Electrical Code (NEC)
• NFPA 68 and NFPA 69, where applicable
• California Fire Code (CFC)
• UL 9540, Energy Storage Systems and Equipment
• UL 9540A, Test Method for Evaluating Thermal Runaway Fire Propagation in Battery Energy Storage Systems
• UL 1973, Batteries for Use in Stationary Applications

The proposed system shall include safety features designed to mitigate operational risks and enhance public safety, including:

• Battery management systems (BMS) for continuous monitoring and control • Thermal management systems
• Fire detection and alarm systems
• Emergency shutdown capabilities
• Ventilation and gas detection systems
• Appropriate setbacks and separation distances,
• Coordination with local fire and emergency response agencies • Site access controls and security measures

3.9 A California Fire Code operational permit shall be maintained.

3.10 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) BESS Construction, includes any tenant improvement work b) Private (onsite) Underground Fire Protection Water Systems, if applicable contractor or registered engineer.
e) Knox box and/or security gate locations.

Applicable Standards:

101, 102, 103, 110, 111, 114, 117, 121, 122, 133, 141, 143

CVFD Standards available online at http://www.chinovalleyfire.org

941016

Modified 12/21/2021

POLICE DEPARTMENT

CONDITIONS OF APPROVAL

DATE: July 15, 2026

PROJECT FILE NO.: PL25-0085 (Special Conditional Use Permit) and PL25 -0086 (Site Approval)

LOCATION: 13925 Benson Avenue, 13822 Oaks Avenue and 13910 Oaks Avenue (APNs: 1021-121-05, 1021-211-02 and 1021-211-05)

APPLICANT: Dirac Project LLC

1.0 THE FOLLOWING CONDITIONS SHALL BE COMPLIED WITH TO THE SATISFACTION OF THE CHINO POLICE DEPARTMENT:

1.1. Install and adequately position license plate reader quality security cameras capable of capturing nighttime video to cover door entrances (directed towards faces), driveways, all entry/exit points, rear of the property, parking lots, and safe storage locations with 24/7 monitoring.

Allow access to camera system to our Real Time Crime Center Analysis for in progress calls for service/crimes in progress. Contact: Leah Green Chino PD.

1.2. Surveillance footage needs to be stored for 30 days. In the event of a criminal investigation, the surveillance footage must be turned over to law enforcement officials.

951017
DRAWING NO.REVIEWED BY:CHECKED BY:REVISION NO.DATE:SCALE:DRAWN BY:DESIGNED BY:PROJECT NO.DRAWING TITLE25151104/08/2026 DIRAC BESS13925 BENSON AVE, CHINO, CA 91710CITY OF CHINOwww.coffman.comph 818.698.84486320 Canoga Avenue, Suite 1300Woodland Hills, CA 91367 BYDESCRIPTIONDATENO.REVISIONSPRELIMINARYNOT FOR CONSTRUCTION CUP RESUBMITTAL 04/08/2026CEI G1.0COVER SHEET
1" = 1000'VICINITY MAP
PROJECT DESCRIPTION: THE PROJECT WILL BE A REDEVELOPMENT OF AN EXISTING INDUSTRIAL SITE.IT FEATURES CONSTRUCTION OF OUTDOOR BATTERY ENERGY STORAGESYSTEMS (BESS), COMPRISED OF 564 BESS ENCLOSURES FED BY 98 POWERCONVERSION SYSTEMS (PCS), ALL CONNECTED TO A NEW SUBSTATION YARDTHROUGH UNDERGROUND DUCTBANKS.THE SCOPE OF WORK ALSO CAPTURES CIVIL ENGINEERED SITEGRADING/DRAINAGE, LANDSCAPE DESIGN, AND FIRE ACCESS ROADS TOCOMPLY WITH CITY OF CHINO CODES AND ORDINANCES.

CIVIL:COFFMAN ENGINEERS, INC.1455 FRAZEE RD, SUITE 600SAN DIEGO, CA 92108(619) 232-4673CONTACT: JON ARENZ [email protected]:COFFMAN ENGINEERS, INC.1101 2ND AVE, SUITE 400SEATTLE, WA 98101(206) 623-0717CONTACT: CHRIS BARKER [email protected] 13925 BENSON AVENUECHINO, CA 91710
LEGAL DESCRIPTION: APN: 1021-121-05-0000, 1021-211-02-6000, 1021-211-05-0000PARCELS 2 AND 3 OF PARCEL MAP NO. 2272 ALONG WITH LOT 24, SECTION 13,TOWNSHIP 2 SOUTH, RANGE 8 WEST, SAN BERNARDINO BASE AND MERIDIAN, INTHE CITY OF CHINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA.PROJECT TEAM: APPLICANT:AYPA POWER11801 DOMAIN BLVD, SUITE 450AUSTIN, TX 78758CONTACT: GEOFF FORNER [email protected] PROTECTION:COFFMAN ENGINEERS, INC.751 OSTERMAN DR, SUITE 104BOZEMAN, MT 59715(406) 582-1936CONTACT: JAKE REIDELBACH [email protected] SHEET INDEXDWG. #TITLENOTEG1.0COVER SHEETC1.0EXISTING CONDITIONSC3.0PRELIMINARY SITE PLAN KEY MAPC3.1PRELIMINARY CIVIL SITE PLANC3.2PRELIMINARY CIVIL SITE PLANC4.0PRELIMINARY GRADING PLAN KEY MAPC4.1PRELIMINARY GRADING PLANC4.2PRELIMINARY GRADING PLANC5.0PRELIMINARY DRAINAGE PLAN KEY MAPC5.1PRELIMINARY DRAINAGE PLANC5.2PRELIMINARY DRAINAGE PLAN E0.1LUMINAIRE SCHEDULEE0.2CUT SHEETS

AYPA DIRAC BESS

MWTMWTAM
200010001000500FEETSCALE:01 INCH = 1000CENTRAL AVE
SITE
71 PIPELINE AVE

EDISON AVEEUCALYPTUS AVESCHAEFER AVE
OAKS AVEBENSON AVE12TH STDANIELS ST

YORBA AVE

RAMONA AVE
E1.2PHOTOMETRIC PLANE5.1ONE-LINE DIAGRAME5.2ONE-LINE DIAGRAMFMPFIRE MASTER PLAN 1" = 1000'
C3.3PRELIMINARY CIVIL SITE PLANC6.0PRELIMINARY UTILITY PLAN KEY MAPC6.1PRELIMINARY UTILITY PLANC6.2PRELIMINARY UTILITY PLAN E1.1ELECTRICAL SITE PLAN
C7.0PRELIMINARY FENCING KEY MAPC7.1PRELIMINARY FENCING PLANC7.2PRELIMINARY FENCING PLANC7.3PRELIMINARY FENCING DETAILSC8.0PUBLIC IMPROVEMENT KEY MAPC8.1PUBLIC IMPROVEMENT PLANC8.2PUBLIC IMPROVEMENT PLANC8.3PUBLIC IMPROVEMENT PLANC9.0TRUCK TURN ANALYSIS 961018
6'
23 PARKING SPACES13 PARKING SPACES 6 PARKING SPACES4 PARKING SPACES22 PARKING SPACES 319.4'
118.7'
319.4'
120.1'
E13925 BENSON AVENUEFOOTPRINT AREA = 38,143 SQUARE FEET1 STORY CORRUGATE METALHEIGHT = 35'B.H.L.140.0' 124.2'
168.5'
217.1'

SEWER MANHOLEPARKWAY DRAINCATCH BASIN W/STORM DRAIN INLETCOMMUNICATIONS PB

WATER METER
WATER VALVEELECTRIC VAULTCOMMUNICATIONS VAULTBW (W. FACE,9.9' E. OF R.W.) BW (W. FACE,9.9' E. OF R.W.)
EXISTING R.W.

46.6'22.4'46.6'22.4'1,043 S.F.WOOD MODULAR BLDHEIGHT = 12'

90.1'90.2'29.8'

30.4'2,714 S.F.CORRUGATE METAL BUILDINGHEIGHT = 18'B.H.L. B.H.L.WOOD MODULAR BUILDING(8.6' N. OF P.L.)

COMMUNICATIONS PB
UTILITY CABINETCHAIN LINK FENCE(1.1' S. OF P.L.)CHAIN LINK FENCE(1.4' N. OF P.L.)

WATER SPIGOT
WROUGHT IRON FENCE(1.0' N. OF P.L.)
CORRUGATE METAL BUILDING(8.0' N. OF P.L.)WATER RISERCHAIN LINK FENCE(1.1' S. OF P.L.)CHAIN LINK FENCE(0.6' N. OF P.L.) WATER SPIGOT23.2'BW (E. FACE,0.2' W. OF P.L.)BW (W. FACE,0.1' W. OF P.L.)

WATER SPIGOT
CHAIN LINK FENCE(0.3' W. OF P.L.)
BW (W. FACE,0.2' W. OF P.L.)BW (E. FACE,0.4' W. OF P.L.)CHAIN LINK FENCE(ON P.L.) BW (N. ENDON P.L.)BW (S. FACE,0.3' N. OF P.L.)
BW (S. FACE,0.4' N. OF P.L.)CHAIN LINK FENCE0.2' S. OF P.L.) BUILDING(5.5' N. OF P.L.)
BW (N. END,0.6' N. OF P.L.)CHAIN LINK FENCE(0.4' N. OF P.L.)WATER VALVEWATER VALVEWATER VALVEFIRE HYDRANT

WATER METER

WATER SPIGOTPOWER POLE, NO LINESTRAFFIC SIGN(TYP)

SEPTICTANKACCESSLIDSSEPTIC TANKCOPPTUCWSSC

WSETCNP (TYP)
CNP

CG OH (TYP)WIF
~PAVEMENT~~PAVEMENT~~PAVEMENT~
~PAVEMENT~~PAVEMENT~
~PAVEMENT~
~DIRT~~DIRT~~DIRT~
EEEEEE
E
CL
33'
33'ACCESS

DANIELS STREETCL
677.74 TC677.06 FL678.26 TC677.64 FL677.72 EG678.53 TC677.93 FL677.97 EG677.65 TC678.04 FL678.14 EG678.92 TC678.30 FL678.38 EG679.17 TC678.53 FL678.55 EG679.80 TC679.13 FL679.20 EG680.00 TC679.37 FL679.45 EG680.35 TC679.75 FL679.79 EG680.78 TC680.18 FL680.24 EG681.23 TC680.59 FL680.69 EG681.59 TC680.96 FL681.04 EG682.09 TC681.43 FL681.53 EG682.61 TC681.68 FL682.00 EG681.38 FL682.99 TC682.09 FL683.02 TC682.16 FL682.54 TC 0"682.51 FL677.23 EG678.19 TC677.49 FL677.65 EG678.43 TC677.77 FL677.86 EG678.65 TC677.97 FL678.15 EG678.87 TC678.18 FL678.35 EG679.20 TC678.52 FL678.65 EG679.72 TC679.03 FL679.35 FL679.50 EG680.23 FL680.32 EG680.65 TC679.91 FL680.45 TC679.76 FL678.88 EG681.30 TC680.97 FL680.77 EG681.82 TC681.31 FL681.31 EG681.75 FL682.16 FL BFD
BFD680

CNPCNPCNPCNPCNP
SCO
682.62 RIM676.14 IE IN676.08 IE OUT676.20 SMH RIM669.62 IE IN669.04 IE OUT676.20 SMH RIM669.62 IE IN669.04 IE OUT 486.8'
454.7'
120.0'
100.1'32.0'19.9'
13822 OAKS AVENUE1 STORY CONCRETE TILT-UPFOOTPRINT AREA: 57,774 S.F.±HEIGHT = 20.5'± B.H.L.DISCALE
36 PARKING SPACES10 PARKING SPACES 14 PARKING SPACES6 PARKING SPACES3 P. S. 10 PARKING SPACES14 PARKING SPACES

59.8'

59.9'

81.0' 63.0'
183.0'

LOADING RAMP
GMBFD
1 P.S.SNSNWS

ETSMHUSSCO FHWV WSPROPANETANKFHWVFSASTAIRSCOLUMN (TYP)OH (TYP)METAL SCREEN WALLPAINT ROOMRAMP

CONTAINERDIETEBETPUMPACTANKTANKPUMPCONCRETEPADS
101.5'101.5'41.7'

41.7'ACCESSORY BUILDING1 STORY CORRUGATE METALFOOTPRINT AREA: 4,226 S.F.±HEIGHT = 22.6'± WS

DIDIDIDISCOUB

TELEPHONE PBCOMMUNICATIONS PB

ACCESSACCESSACCESS

STREET LIGHTSEWER MHFIRE HYDRANTWATER VALVE

WATER METERBACK FLOW DEVICE

WATER VALVEPIVFDCSEWER MHWATER VALVESTREET LIGHTWATER VALVEFIRE HYDRANTWATER VALVEWATER VALVEWATER VALVE

CONCRETE CURBW/ GUTTER (TYP)
SIGN
SIGNSIGN BOARD(2.0' E. OF P.L.)
CHAIN LINK FENCE(0.8' N. OF P.L.)
BW (S. FACE,0.4' N. OF P.L.)BW (N. FACE,0.1' S. OF P.L.)CHAIN LINK FENCE(0.3' S. OF P.L.) CHAIN LINK FENCE(0.2' S. OF P.L.)BW (S. FACE,0.5' N. OF P.L.) CONCRETE GUTTERCHAIN LINK FENCE(ON P.L.)BW (E. FACE,0.5' W. OF P.L.) OVERHANG(1.3' W. OF P.L.)OVERHANG(1.3' W. OF P.L.)FIRE HYDRANTGUARD POLE(TYP) LIGHT POLETRASH ENCLOSURE(3.9' W. OF P.L.)BW (SE. CORNER(0.5' W. OF P.L.)CHAIN LINK FENCE(0.2' W. OF P.L.) CHAIN LINK FENCE(ON P.L.)OVERHANG(0.9' W. OF P.L.)BW (E. FACE(0.4' W. OF P.L.) BW (E. FACE(0.4' W. OF P.L.)19.4'

19.8'
BW (N. FACE,0.5' S. OF P.L.)

CONCRETE PAD
BW (N. FACE,1.2' S. OF P.L.)CLF (.S. END,1.2' S. OF P.L.)CHAIN LINK FENCE(0.6' N. OF P.L.) SIGNWATER VALVEFIRE HYDRANTCHAIN LINK FENCE(0.4' N. OF P.L.)BW (S. FACE,0.5' N. OF P.L.) WIF (N. END,0.4' N. OF P.L.)TELEPHONE VAULT

WATER VAULTFDCPIVSIGN
~CONCRETE~~CONCRETE~
~CONCRETE~~CONCRETE~
~CONCRETE~~CONCRETE~
~DIRT~~DIRT~

MODULAR BUILDING

OAKS AVENUE
60'CL

GP (TYP)WS WVSCO
EBEB
685.63 FS685.93 TP
685.66 FS685.94 TP
685.73 FS686.00 TP
685.53 FS685.83 TP
684.43 TC684.00 FL683.92 EG684.78 TC684.14 FL684.25 EG684.26 TC684.54 TC685.11 TC684.47 FL683.59 EG685.52 TC684.86 FL684.96 EG685.94 TC685.33 FL685.42 EG686.20 TC685.57 FL685.65 EG685.71 TC685.99 TC686.64 TC685.99 FL686.11 EG687.03 TC686.37 FL686.49 EG687.82 TC687.09 FL687.22 EG688.15 TC687.43 FL687.59 EG687.58 TC687.93 TC688.61 TC687.90 FL688.04 EG688.73 TC688.11 FL688.16 EG689.18 TC688.53 FL688.66 EG 685.87 TC685.44 FS685.65 TC685.14 FS685.52 TC685.05 FS685.43 TC684.94 FS684.76 TC 685.88 TC685.53 FS686.05 TC685.53 FS686.06 TC685.70 FS686.00 TC685.55 FS 686.48 TC686.02 FS
685.61 TC685.43 FS685.79 TC685.59 FS685.66 TC685.24 FS685.79 TC685.50 FS686.39 TC685.88 FS685.91 TC685.46 FS 687.65 TC687.19 FS687.12 TC686.68 FS686.66 TC686.29 FS686.26 TC685.97 FS686.55 TC686.15 FS686.28 TC685.97 FS686.63 TC686.19 FS686.76 TC686.52 FS686.70 TC686.28 FS 687.82 TC687.73 FS687.73 TC687.68 FS
686.80 TC686.43 FS686.93 TC686.38 FS687.24 TC686.92 FS687.00 TC686.51 FS686.99 TC686.55 FS 687.59 TC687.14 FS
687.19 TC686.79 FS686.29 TC685.96 FS686.96 TC686.47 FS686.78 TC686.52 FS685.21 TC687.29 TC686.84 FS687.54 TC687.08 FS687.82 TC687.67 FS687.03 TC686.58 FS 688.10 TC687.59 FS689.27 TC689.04 FS689.19 TC687.86 FS
689.29 TC688.79 FS689.21 TC689.13 FS688.28 TC687.96 FS688.20 TC687.87 FS688.96 TC688.55 FS687.13 TC686.73 FS688.67 TC688.28 FS 685
688687686685

GUARDRAIL
B.H.L.

CONCRETEGUTTER

CONCRETEGUTTERTELEPHONE RISER

TREE (TYP)
680681682683683682683684682
683682681 684685686687
686
687
687686687687
688688688688
690688
686684
S
6'EXISTING SCE EASEMENTTO BE VACATEDBOOK 7750,PAGE 372, O.R.

BENSON AVE.RECORD OWNER:EQUIPMENT VALLEYINVESTMENTS LLCAPN: 1021-211-06-0000 OAKS AVE.CL
CL
CL
CL
DANIELS ST.

EXISTING SCEEASEMENT TO BEVACATEDBOOK 9839,PAGE 1985
RECORD OWNER:REXFORD INDUSTRIAL13925 BENSON LLCAPN: 1021-211-02-6000 RECORD OWNER:FREWING PROPERTIESSOESTERN LLCAPN: 1021-121-11-0000RECORD OWNER:FURCOLOW MARIA MARGARETTRUST ELBERTSE TRUST /96APN: 1021-121-07-0000RECORD OWNER:SHEA CENTERCHINO LLCAPN: 1021-121-05-0000RECORD OWNER:HELMAR INDUSTRIALPROPERTIES LLCAPN: 1021-211-05-0000 RECORD OWNER:SOUTHERN CALIFORNIA EDISON COMPANYAPN: 1021-211-01-0000

R/W R/W
R/W

R/WR/W R/W
R/W
WATER METER AND LINETO BE ABANDONED PERCITY OF CHINO STD NO.425WATER METER ANDLINE TO BEABANDONED PER CITYOF CHINO STD NO. 425 WATER METER AND LINE TO BEABANDONED PER CITY OF CHINOSTD NO. 425 EXISTING HYDRANT SHALL BESALVAGED AND RETURNED TO THECITY OF CHINO AND COORDINATEDWITH THE CITY OF CHINO WATERDIVISION. FIRE WATER LINE TO BEABANDONED DRAWING NO.REVIEWED BY:CHECKED BY:REVISION NO.DATE:SCALE:DRAWN BY:DESIGNED BY:PROJECT NO.DRAWING TITLE25151104/08/2026 DIRAC BESS13925 BENSON AVE, CHINO, CA 91710CITY OF CHINOwww.coffman.comph 818.698.84486320 Canoga Avenue, Suite 1300Woodland Hills, CA 91367 BYDESCRIPTIONDATENO.REVISIONSPRELIMINARYNOT FOR CONSTRUCTION CUP RESUBMITTAL 04/08/2026CEI EXISTING CONDITIONS120606030FEETSCALE:01 INCH = 60C1.01" = 60'MWTJKMWTJRA

ACASPHALT CONCRETEBLDGBUILDINGCOCLEANOUTDIDROP INLETEELECTRICAL(E) / EXEXISTINGFFFINISH FLOOR ELEVATIONFG FINISHED GRADEFSFINISHED SURFACEFWFIRE WATER SERVICEGBGRADE BREAKINVINVERT(N) NEWROWRIGHT OF WAYSSLOPESCESOUTHERN CALIFORNIA EDISONSDSTORM DRAIN/PROCESS WASTESDMHSTORM DRAIN MANHOLESWRSEWERTELTELEPHONETGTOP OF GRATETYPTYPICALWTRWATER

ABBREVIATIONS
LEGENDEX. ELECTRICAL LINEEX. FENCEEX. STORM DRAIN MAINEX. TELEPHONE LINEEX. WATER MAINEX. SEWER MAINSTREET CENTERLINEPROPERTY LINE/PROJECT BOUNDARYOFFSITE LOT LINERIGHT-OF-WAYEASEMENT LINESETBACK LINER/W 971019
M M
M
BW (N. END,0.6' N. OF P.L.)CHAIN LINK FENCE(0.4' N. OF P.L.) S
6'EXISTING SCE EASEMENTTO BE VACATEDBOOK 7750,PAGE 372, O.R.

BENSON AVE.RECORD OWNER:EQUIPMENT VALLEYINVESTMENTS LLCAPN: 1021-211-06-0000 OAKS AVE.CL
CL
CL
CL
RECORD OWNER:REXFORD INDUSTRIAL13925 BENSON LLCAPN: 1021-211-02-6000 RECORD OWNER:FREWING PROPERTIESSOESTERN LLCAPN: 1021-121-11-0000RECORD OWNER:FURCOLOW MARIA MARGARETTRUST ELBERTSE TRUST /96APN: 1021-121-07-0000RECORD OWNER:SHEA CENTERCHINO LLCAPN: 1021-121-05-0000RECORD OWNER:HELMAR INDUSTRIALPROPERTIES LLCAPN: 1021-211-05-0000 RECORD OWNER:SOUTHERN CALIFORNIA EDISON COMPANYAPN: 1021-211-01-0000 DRAWING NO.REVIEWED BY:CHECKED BY:REVISION NO.DATE:SCALE:DRAWN BY:DESIGNED BY:PROJECT NO.DRAWING TITLE25151104/08/2026 DIRAC BESS13925 BENSON AVE, CHINO, CA 91710CITY OF CHINOwww.coffman.comph 818.698.84486320 Canoga Avenue, Suite 1300Woodland Hills, CA 91367 BYDESCRIPTIONDATENO.REVISIONSPRELIMINARYNOT FOR CONSTRUCTION CUP RESUBMITTAL 04/08/2026CEI 120606030FEETSCALE:01 INCH = 60C3.01" = 60'MWTJKMWTJRA
C3.2C3.1
2%21'1.5%7.0'5.0'12'5' PROP. SIDEWALKEX. CURB &GUTTERPROP. PARKWAYLANDSCAPINGEX. ACPAVEMENTBENSON AVE.SECTION A-A 33'2%21'EX. R/W12'EX. LANDSCAPING
66' EXISTING RIGHT OF WAY33'
33'22'EX. R/W11'EX. CURB &GUTTEREX. LANDSCAPINGEX. ACPAVEMENTOAKS AVE.SECTION C-C 33'2%22'1.5%66' PROPOSED RIGHT OF WAY2%
EX. SIDEWALK
5' PROP. SIDEWALK8.0'
AA
B B
C3.3

PRELIMINARYSITE PLAN KEY MAP
DANIELS ST.

PROP. PARKWAY LANDSCAPE8.0'
D D
PROPR/WEXR/W3'5.0'
PROP. / EX.R/W
C C
OAKS AVE.SECTION B-B
33'22'EX. R/W11'EX. CURB &GUTTEREX. LANDSCAPINGEX. ACPAVEMENT33'2%22'1.5%66' PROPOSED RIGHT OF WAY2% 5' PROP. SIDEWALK5.0'PROP. PARKWAY LANDSCAPE6.0'EX. CURB &GUTTER

8.0'EX. R/WPROP.R/W3.0'
OAKS AVE.SECTION D-D
33'22'EX. R/W11'EX. CURB &GUTTEREX. LANDSCAPINGEX. ACPAVEMENT33'2%22'1.5%66' PROPOSED RIGHT OF WAY2% 5' PROP. SIDEWALK5.0'PROP. PARKWAY LANDSCAPE6.0'EX. CURB &GUTTER

8.0'EX. R/WPROP.R/W3.0'

19.0'
FREEDOM CT.
981020
M M
BW (N. END,0.6' N. OF P.L.)CHAIN LINK FENCE(0.4' N. OF P.L.)SBENSON AVE.

PROPERTY LINE

PROPERTY LINE
DANIELS ST.

26.0'

26.0'

26.0'26.0'

26.0'

15.0'

15.0'15.0'
R28.0'R54.0'
21'CL TO CURB

17.3'

25.0'

25.0'SETBACK

6.6'

6.6'

6.6'
20'7
22 10
10 111
22 5
55 3333
9 2
1 111
222
3333
2 141515
1718
1515
10'
R28.0'
R28.0'
R28.0'
R28.0'
R28.0'
R54.0'R28.0'R28.0'
R28.0'
1 5.6'5.6' 5.6'

5.6'5.6'

0.5'0.5'0.5'

0.5'2020
23 5 49.0'8
2 R28.0'

5.0'

5.0'

5.0'

5.0'

26.0'5.0'
R28.0'

SEE PUBLIC IMPROVEMENTPLANS FOR PROPOSEDWORK IN THE ROW EXISTING ANDULTIMATE PROPERTY/R.O.W LINE
THERE WILL BE A SEPARATE STREET PLANPREPARED FOR SIDEWALK, CURB RAMP, ANDCROSSWALK IMPROVEMENT PER INFORMATIONFROM RECORD DRAWING AA-5984

33.0'CL TOULTIMATEROW7.0'5.0'

26.0'
DRAWING NO.REVIEWED BY:CHECKED BY:REVISION NO.DATE:SCALE:DRAWN BY:DESIGNED BY:PROJECT NO.DRAWING TITLE25151104/08/2026 DIRAC BESS13925 BENSON AVE, CHINO, CA 91710CITY OF CHINOwww.coffman.comph 818.698.84486320 Canoga Avenue, Suite 1300Woodland Hills, CA 91367 BYDESCRIPTIONDATENO.REVISIONSPRELIMINARYNOT FOR CONSTRUCTION CUP RESUBMITTAL 04/08/2026CEI PRELIMINARY SITE PLAN60303015FEETSCALE:01 INCH = 30C3.11" = 30'MWTJKMWTJRA LEGENDPROPERTY LINESTREET CENTERLINEPARCEL BOUNDARYEX. ELECTRICAL LINEEX. FENCEEX. FIRE SERVICE LINEEX. GAS LINEEX. STORM DRAIN MAINEX. TELEPHONE LINEEX. WATER MAINEX. SEWER MAINPROP. SECURITY FENCEPROP. STORM DRAIN LINEPROP. WATER LINEPROP. SEWER LINEPROP. CMU WALL PROPOSED HEAVY DUTY VEHICULAR ASPHALTPAVEMENT WITH 5.0" A.C. OVER 8.0" CL. II A.B.

PROPOSED 8-HOUR BOL BATTERY

ABAGGREGATE BASEACASPHALT CONCRETEAUXAUXILIARYBESSBATTERY ENERGY STORAGE SYSTEMBLDGBUILDINGCMUCONCRETE MASONRY UNITCOCLEANOUTCOMMCOMMUNICATIONSDIDROP INLETEELECTRICAL(E) / EXEXISTINGFFFINISH FLOOR ELEVATIONFG FINISHED GRADE

ABBREVIATIONS

19.9'8.0'
MATCHLINE - SEE SHEET C3.2 FOR CONTINUATION

FSFINISHED SURFACEFWFIRE WATER SERVICEGBGRADE BREAKINVINVERT(N) NEWPCSPOWER CONVERSION SYSTEMPPPOWER POLEPROPPROPOSEDROWRIGHT OF WAYSSLOPESCESOUTHERN CALIFORNIA EDISONSDSTORM DRAINSDMHSTORM DRAIN MANHOLE PROPOSED SIDEWALK PER CITY OF CHINO STD. 230

SWRSEWERTELTELEPHONETGTOP OF GRATETITRAFFIC INDEXTYPTYPICALWTRWATERXFMRTRANSFORMER

PROPOSED ENHANCED HEAVY-DUTY CONCRETEPAVEMENT
SITE KEYNOTESPROPOSED 8-HOUR BOL BATTERY (516 TOTAL)PROPOSED 8-HOUR AUGMENTATION BATTERY (168 TOTAL)PROPOSED MEDIUM VOLTAGE TRANSFORMER (86 TOTAL)PROPOSED 10' BLAST CMU WALL BESS WITH DECORATIVE PILASTERSEVERY 100'. SEE C7.2-C7.3PROPOSED PRE-FABRICATED O&M BUILDING (H = 12.0')PROPOSED 26.0' WIDE DRIVEWAYPROPOSED PARKING SPACE (TYP. OF 4)PROPOSED HEAVY-DUTY VEHICULAR ASPHALT PAVEMENTPROPOSED 5.0'-WIDE PUBLIC SIDEWALKPROPOSED PUBLIC CURB RAMPPROPOSED PUBLIC STREETLIGHT. FINAL LOCATION TO BE DETERMINEDUPON FURTHER COORDINATION WITH CITY.PROPOSED ENHANCED HEAVY-DUTY CONCRETE PAVEMENT.LOW VOLTAGE FIRE ALARM DISTRIBUTION PANEL (TYP.)PROPOSED AUTOMATIC GATE WITH PERFORATED METAL SCREEN ANDKNOX BOXPROPOSED 12' X 10' TRASH ENCLOSURE 12357891014151718202223
PROPOSED 8-HOUR AUGMENTATION BATTERY19.9'8.0'PROPOSED MEDIUM VOLTAGE TRANSFORMER19.9'8.0'

PROPOSED LANDSCAPING AREA(SEE LANDSCAPE PLANS FOR MORE INFORMATION) 991021
M

PROPERTY LINE

PROPERTY LINE
OAKS AVE.

RECORD OWNER:EQUIPMENT VALLEY INVESTMENTS LLCAPN: 1021-211-06-0000CL CL
RECORD OWNER:SHEA CENTERCHINO LLCAPN: 1021-121-05-0000RECORD OWNER:HELMAR INDUSTRIALPROPERTIES LLCAPN: 1021-211-05-0000 SEE IMPROVEMENTSSOUTH PER SHEET C3.3

26.0'

26.0'

26.0' 26.0'

26.0'

26.0'

15.0'

15.0'

15.0'
R28.0'
R28.0' R28.0'R28.0'22.0'CL TO CURB

34.0'

25.0'SETBACK

6.6'

6.6'

6.6'

30.0'CL TO EXROW
11 4
10 10
1 1
1 1
22 2 25
5 5
5 3 3
33 1
2 3
2117
R28.0'
R28.0'
R28.0'
R28.0'R28.0' R54.0'R28.0'
17 R54.0'

5.6'5.6'

5.6'

0.5'

0.5'0.5'
23 2020
21 21

0.5'26.0'
4 818

5.0'

5.0'

5.0'

5.0'22
3' STREETDEDICATION TOULTIMATEPROPERTY LINE

SEE PUBLIC IMPROVEMENTPLANS FOR PROPOSEDWORK IN THE ROW

EXISTINGPROPERTY LINE

33.0'CL TOULTIMATEROW
6'

13.0'SIDEWALKEASEMENT TOBE PROVIDEDFOR PRIVATEPROPERTY
Lat: N34° 00' 01.31"Long: W117° 40' 35.71"Height: 110'Lat: N34° 00' 01.31"Long: W117° 40' 34.75"Height: 90'28 27 3.0'

ULTIMATEPROPERTY LINE

ULTIMATEPROPERTY LINE
DRAWING NO.REVIEWED BY:CHECKED BY:REVISION NO.DATE:SCALE:DRAWN BY:DESIGNED BY:PROJECT NO.DRAWING TITLE25151104/08/2026 DIRAC BESS13925 BENSON AVE, CHINO, CA 91710CITY OF CHINOwww.coffman.comph 818.698.84486320 Canoga Avenue, Suite 1300Woodland Hills, CA 91367 BYDESCRIPTIONDATENO.REVISIONSPRELIMINARYNOT FOR CONSTRUCTION CUP RESUBMITTAL 04/08/2026CEI PRELIMINARY SITE PLAN60303015FEETSCALE:01 INCH = 30C3.21" = 30'MWTJKMWTJRA MATCHLINE - SEE SHEET C3.1 FOR CONTINUATION

ABAGGREGATE BASEACASPHALT CONCRETEAUXAUXILIARYBESSBATTERY ENERGY STORAGE SYSTEMBLDGBUILDINGCMUCONCRETE MASONRY UNITCOCLEANOUTCOMMCOMMUNICATIONSDIDROP INLETEELECTRICAL(E) / EXEXISTINGFFFINISH FLOOR ELEVATIONFG FINISHED GRADE

ABBREVIATIONSFSFINISHED SURFACEFWFIRE WATER SERVICEGBGRADE BREAKINVINVERT(N) NEWPCSPOWER CONVERSION SYSTEMPPPOWER POLEPROPPROPOSEDROWRIGHT OF WAYSSLOPESCESOUTHERN CALIFORNIA EDISONSDSTORM DRAINSDMHSTORM DRAIN MANHOLE

SWRSEWERTELTELEPHONETGTOP OF GRATETITRAFFIC INDEXTYPTYPICALWTRWATERXFMRTRANSFORMER SITE KEYNOTESPROPOSED 8-HOUR BOL BATTERY (516 TOTAL)PROPOSED 8-HOUR AUGMENTATION BATTERY (168 TOTAL)PROPOSED MEDIUM VOLTAGE TRANSFORMER (86 TOTAL)PROPOSED ELECTRICAL SUBSTATIONPROPOSED 10' BLAST CMU WALL BESS WITH DECORATIVE PILASTERS EVERY 100'.SEE C7.2-C7.3PROPOSED 26.0' WIDE DRIVEWAYPROPOSED HEAVY-DUTY VEHICULAR ASPHALT PAVEMENTPROPOSED 8'X40' CONEX BOX (TYP. OF 8)PROPOSED PUBLIC STREETLIGHT. FINAL LOCATION TO BE DETERMINED UPONFURTHER COORDINATION WITH CITY.PROPOSED ENHANCED HEAVY-DUTY CONCRETE PAVEMENT.LOW VOLTAGE FIRE ALARM DISTRIBUTION PANEL (TYP.)PROPOSED INTERNAL SUBSTATION ACCESS (2)PROPOSED AUTOMATIC GATE WITH PERFORATED METAL SCREEN AND KNOX BOXPROPOSED POCO TURNING STRUCTUREPROPOSED SCE RISER TO UNDERGROUND GEN-TIE 123458101117182021222728
LEGENDPROPERTY LINESTREET CENTERLINEPARCEL BOUNDARYEX. ELECTRICAL LINEEX. FENCEEX. FIRE SERVICE LINEEX. GAS LINEEX. STORM DRAIN MAINEX. TELEPHONE LINEEX. WATER MAINEX. SEWER MAINPROP. SECURITY FENCEPROP. STORM DRAIN LINEPROP. WATER LINEPROP. SEWER LINEPROP. CMU WALLPROPOSED HEAVY DUTY VEHICULAR ASPHALTPAVEMENT WITH 5.0" A.C. OVER 8.0" CL. II A.B.

PROPOSED 8-HOUR BOL BATTERY19.9'8.0'
PROPOSED SIDEWALK PER CITY OF CHINO STD. 230PROPOSED ENHANCED HEAVY-DUTY CONCRETEPAVEMENT PROPOSED 8-HOUR AUGMENTATION BATTERY19.9'8.0'PROPOSED MEDIUM VOLTAGE TRANSFORMER19.9'8.0'

PROPOSED LANDSCAPING AREA(SEE LANDSCAPE PLANS FOR MORE INFORMATION)

SIDEWALK EASEMENT (EASEMENT DEED) TO BEPROVIDED TO THE CITY FOR PRIVATE PROPERTY, PERA SEPARATE INSTRUMENT 1001022
E
RECORD OWNER:EQUIPMENT VALLEY INVESTMENTS LLCAPN: 1021-211-06-0000 FREEDOM CT.

CLOAKS AVE
SEE IMPROVEMENTS NORTHPER SHEET C3.2

5.0'146.0'24

EXISTINGPROPERTY LINE

PROPOSED SCEUNDERGROUNDGEN-TIE
3' STREETDEDICATION TOULTIMATEPROPERTY LINEEXISTINGPROPERTY LINE

33.0'CL TO ULTIMATE ROW

30.0'CL TO EX ROW26

3.0'
ULTIMATE PROPERTY LINE33.0'CL TO ULTIMATE ROW
DRAWING NO.REVIEWED BY:CHECKED BY:REVISION NO.DATE:SCALE:DRAWN BY:DESIGNED BY:PROJECT NO.DRAWING TITLE25151104/08/2026 DIRAC BESS13925 BENSON AVE, CHINO, CA 91710CITY OF CHINOwww.coffman.comph 818.698.84486320 Canoga Avenue, Suite 1300Woodland Hills, CA 91367 BYDESCRIPTIONDATENO.REVISIONSPRELIMINARYNOT FOR CONSTRUCTION CUP RESUBMITTAL 04/08/2026CEI PRELIMINARY SITE PLAN2010105FEETSCALE:01 INCH = 10C3.31" = 10'MWTJKMWTJRA

ABAGGREGATE BASEACASPHALT CONCRETEAUXAUXILIARYBESSBATTERY ENERGY STORAGE SYSTEMBLDGBUILDINGCMUCONCRETE MASONRY UNITCOCLEANOUTCOMMCOMMUNICATIONSDIDROP INLETEELECTRICAL(E) / EXEXISTINGFFFINISH FLOOR ELEVATIONFG FINISHED GRADEFSFINISHED SURFACEFWFIRE WATER SERVICEGBGRADE BREAKINVINVERT (N)NEWPCSPOWER CONVERSION SYSTEMPPPOWER POLEPROPPROPOSEDROWRIGHT OF WAYSSLOPESCESOUTHERN CALIFORNIA EDISONSDSTORM DRAINSDMHSTORM DRAIN MANHOLESWRSEWERTELTELEPHONETGTOP OF GRATETITRAFFIC INDEXTYPTYPICALWTRWATERXFMRTRANSFORMER

ABBREVIATIONS
SITE KEYNOTESPROPOSED 5.0'-WIDE PUBLIC SIDEWALKCONNECT TO EXISTING SIDEWALKTRENCH BACKFILL & ROADWAY REPAIR PER CITY OF CHINO STD.109 A142426 LEGENDPROPERTY LINESTREET CENTERLINEPARCEL BOUNDARYEX. ELECTRICAL LINEEX. FENCEEX. FIRE SERVICE LINEEX. GAS LINEEX. STORM DRAIN MAINEX. TELEPHONE LINEEX. WATER MAINEX. SEWER MAINPROP. SECURITY FENCEPROP. STORM DRAIN LINEPROP. WATER LINEPROP. SEWER LINEPROP. CMU WALLPROPOSED SIDEWALK PER CITY OF CHINO STD. 230PROPOSED LANDSCAPING AREA(SEE LANDSCAPE PLANS FOR MORE INFORMATION)GENERAL NOTES·TRENCHING WITHIN OAKS AVE IS SUBJECT TO THE CITY'S STREETMORATORIUM AND ANY ASSOCIATED REPAIR REQUIREMENTS. PLEASEREFERENCE THE CITY OF CHINO DEPARTMENT OF PUBLIC WORKS'MEMORANDUM DATED JANUARY 26, 2023 FOR THE STREET/ALLEYRESURFACING POLICY FOR THE STREETS UNDER MORATORIUM.·ANY CONSTRUCTION REQUIRED IN THE PUBLIC R.O.W SHALL REQUIRE ANENCROACHMENT PERMIT, THROUGH THE PUBLIC WORKS DEPARTMENT.

OAKS AVE.SECTION D-D PROPOSED
33'22'EX. R/W11'EX. CURB &GUTTEREX. LANDSCAPINGEX. ACPAVEMENT33'2%22'1.5%66' PROPOSED RIGHT OF WAY2% 5' PROP. SIDEWALK5.0'PROP. PARKWAY LANDSCAPE6.0'EX. CURB &GUTTER8.0'EX. R/WPROP.R/W3.0' D D
OAKS AVE.SECTION D-D EXISTING
30'22'EX. R/W8' EX. CURB &GUTTEREX. LANDSCAPINGEX. ACPAVEMENT30'2%22'1.5%60' EXISTING RIGHT OF WAY2% EX. PARKWAY LANDSCAPEEX. CURB &GUTTER

8.0'EX. R/W
1011023

ACCESSACCESS
685
688687686685
680681682683683682683684682
683682681 684685686687
686
687
687686687687
688688688688
690688
686684
S
M M
M
BENSON AVE.

OAKS AVE.

FREEDOM CT
CC
DD
EE
FF
GG
HH
GG
I I
JJ
KK
LL
DRAWING NO.REVIEWED BY:CHECKED BY:REVISION NO.DATE:SCALE:DRAWN BY:DESIGNED BY:PROJECT NO.DRAWING TITLE25151104/08/2026 DIRAC BESS13925 BENSON AVE, CHINO, CA 91710CITY OF CHINOwww.coffman.comph 818.698.84486320 Canoga Avenue, Suite 1300Woodland Hills, CA 91367 BYDESCRIPTIONDATENO.REVISIONSPRELIMINARYNOT FOR CONSTRUCTION CUP RESUBMITTAL 04/08/2026CEI C4.01" = 60'MWTJKMWTJRA
C4.2C4.1
GRADING NOTES1. SPOT ELEVATIONS ARE FOR FINISHED GRADE/SURFACE UNLESS OTHERWISENOTED.2. UNLESS ELEVATIONS AND/OR CONTOURS ARE OTHERWISE SHOWN, NEW FINISHGRADE SURFACES SHALL BE PLACED TO ALLOW FOR POSITIVE DRAINAGE TORUNOFF COLLECTION DEVICES OR FACILITIES. MAINTAIN POSITIVE DRAINAGE AWAYFROM BUILDINGS.3. GRADING SHALL NOT EXCEED A 3:1 MAXIMUM SLOPE.ABAGGREGATE BASEACASPHALT CONCRETEAUXAUXILIARYBESSBATTERY ENERGY STORAGE SYSTEMBLDGBUILDINGCMUCONCRETE MASONRY UNITCOCLEANOUTCOMMCOMMUNICATIONSDIDROP INLETEELECTRICAL(E) / EXEXISTINGFFFINISH FLOOR ELEVATIONFG FINISHED GRADEFSFINISHED SURFACEFWFIRE WATER SERVICEGBGRADE BREAK

INVINVERT(N) NEWPCSPOWER CONVERSION SYSTEMPPPOWER POLEROWRIGHT OF WAYSSLOPESCESOUTHERN CALIFORNIA EDISONSDSTORM DRAINSDMHSTORM DRAIN MANHOLESWRSEWERTELTELEPHONETGTOP OF GRATETITRAFFIC INDEXTYPTYPICALWTRWATERXFMRTRANSFORMER ABBREVIATIONSLEGENDPROPERTY LINEPARCEL BOUNDARYSTREET CENTERLINESHEET LIMITMINOR CONTOUR LINEMAJOR CONTOUR LINEPRELIMINARYGRADING PLAN KEY MAP685684120606030FEETSCALE:01 INCH = 60 EX. ELECTRICAL LINEEX. FENCEEX. STORM DRAIN MAINEX. TELEPHONE LINEEX. WATER MAINEX. SEWER MAIN DANIELS ST.
221'1.57.0'5.0'12'5' PROP. SIDEWALKEX. CURB &GUTTERPROP. PARKWAYLANDSCAPINGEX. ACPAVEMENTBENSON AVE.SECTION A-A 33'221'EX. R/W12'EX. LANDSCAPING
66' EXISTING RIGHT OF WAY33' EX. SIDEWALK
AA
B BPROP. / EX.R/W
OAKS AVE.SECTION B-B
33'22'EX. R/W11'EX. CURB &GUTTEREX. LANDSCAPINGEX. ACPAVEMENT33'222'1.566' PROPOSED RIGHT OF WAY2 5' PROP. SIDEWALK5.0'PROP. PARKWAY LANDSCAPE6.0'EX. CURB &GUTTER

8.0'EX. R/WPROP.R/W3.0'
1021024
680681682683 683682683684
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PROPERTY LINE

PROPERTY LINE
DANIELS ST.
679.62 FS679.70 FS679.26 FS679.14 FS679.25 FS679.15 FS
682.73 FS682.88 FS683.82 FS683.89 FS
680.84 FS680.95 FS681.69 FS681.73 FS 679.29 FS680.52 FS681.32 FS 679.71 FS680.80 FS 683.96 FS684.11 FS683.26 FS685.35 FS685.77 FS
681.04 FS
680
681
682
683
684
685
683.45 FS684.01 FS
SEE EXISTING STREET IMPROVEMENT PLANAA-5984 FOR SIDEWALK, CURB RAMP, ANDCROSSWALK IMPROVEMENTS

33.0'CL TO EX ROW21'CL TO CURB685.00 FF1
1 1
1 1
2 2
2 2
2 2
24 57
EXISTING AND ULTIMATEPROPERTY/ R.O.W LINE
CC
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DRAWING NO.REVIEWED BY:CHECKED BY:REVISION NO.DATE:SCALE:DRAWN BY:DESIGNED BY:PROJECT NO.DRAWING TITLE25151104/08/2026 DIRAC BESS13925 BENSON AVE, CHINO, CA 91710CITY OF CHINOwww.coffman.comph 818.698.84486320 Canoga Avenue, Suite 1300Woodland Hills, CA 91367 BYDESCRIPTIONDATENO.REVISIONSPRELIMINARYNOT FOR CONSTRUCTION CUP RESUBMITTAL 04/08/2026CEI PRELIMINARY GRADING PLANC4.11" = 30'MWTJKMWTJRA
GRADING NOTES1. SPOT ELEVATIONS ARE FOR FINISHED GRADE/SURFACE UNLESS OTHERWISE NOTED.2. UNLESS ELEVATIONS AND/OR CONTOURS ARE OTHERWISE SHOWN, NEW FINISH GRADESURFACES SHALL BE PLACED TO ALLOW FOR POSITIVE DRAINAGE TO RUNOFF COLLECTIONDEVICES OR FACILITIES. MAINTAIN POSITIVE DRAINAGE AWAY FROM BUILDINGS.3. GRADING SHALL NOT EXCEED A 3:1 MAXIMUM SLOPE.

ABAGGREGATE BASEACASPHALT CONCRETEAUXAUXILIARYBESSBATTERY ENERGY STORAGE SYSTEMBLDGBUILDINGCMUCONCRETE MASONRY UNITCOCLEANOUTCOMMCOMMUNICATIONSDIDROP INLETEELECTRICAL(E) / EXEXISTINGFFFINISH FLOOR ELEVATIONFG FINISHED GRADEFSFINISHED SURFACEFWFIRE WATER SERVICEGBGRADE BREAK

INVINVERT(N) NEWPCSPOWER CONVERSION SYSTEMPPPOWER POLEROWRIGHT OF WAYSSLOPESCESOUTHERN CALIFORNIA EDISONSDSTORM DRAINSDMHSTORM DRAIN MANHOLESWRSEWERTELTELEPHONETGTOP OF GRATETITRAFFIC INDEXTYPTYPICALWTRWATERXFMRTRANSFORMER

ABBREVIATIONS
EARTHWORK NOTESTOTAL AREA: 605,280 SFCUT VOLUME = 6,100 CYDFILL VOLUME = 5,200 CYDNET EXPORT VOLUME = 900 CYDMAXIMUM CUT = 2.0 FTMAXIMUM FILL = 4.5 FTMATCHLINE - SEE SHEET C4.2 FOR CONTINUATION LEGEND

PROPOSED LANDSCAPING AREA(SEE LANDSCAPE PLANS FOR MORE INFORMATION) SECTION C-C2%PERIMETER WALLPROPERTY LINECURB & GUTTEREQUIPMENT PAD AREA 10'2'26'
2%PERIMETER WALLPROPERTY LINE
CURB & GUTTER12'26' ASPHALT DRIVEWAYSECTION D-D2%PERIMETER WALLPROPERTY LINECURB & GUTTEREQUIPMENT PAD AREA 10'2'26'ASPHALT DRIVEWAYASPHALT DRIVEWAYSECTION E-ESECTION F-F 10'EQUIPMENT PAD AREA
2%PERIMETER WALLPROPERTY LINE
CURB & GUTTER12'26'ASPHALT DRIVEWAY
10'EQUIPMENT PAD AREA
2%PERIMETER WALLPROPERTY LINE
CURB & GUTTER26'ASPHALT DRIVEWAY2'10'EQUIPMENT PAD AREA

SECTION G-G
2%PERIMETER WALLPROPERTY LINECURB & GUTTEREQUIPMENTPAD AREA 10'26'ASPHALT DRIVEWAY2'

SECTION H-H
60303015FEETSCALE:01 INCH = 30
PROPERTY LINEPARCEL BOUNDARYSTREET CENTERLINESHEET LIMITMINOR CONTOUR LINEMAJOR CONTOUR LINEEX. STORM DRAIN MAINPROPOSED STORM DRAIN LINEPROPOSED CATCH BASINPROPOSED CLEANOUTPROP. WATER TREATMENT FACILITY 685684
GRADING KEYNOTESPROPOSED PVC STORM DRAIN LINEPROPOSED STORM WATER CATCH BASINPROPOSED STORM WATER TREATMENT FACILITYCONNECT TO EXISTING STORM DRAIN SYSTEMIF CONNECTION TO A STORM DRAIN IN OAKS IS NOT POSSIBLE, THE PROJECTSHALL DISCHARGE THE TREATED STORMWATER TO THE OAKS AVENUEGUTTER. THIS MAY INCLUDE THE NEED TO ADD A STORMWATER LIFT STATION.PROPOSED SEWER-LIKE CLEANOUT FOR STORM WATER PER CITY OF CHINOSTD. 527124567 1031025

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OAKS AVE.
684.85 FS684.85 FS
688.48 FS688.47 FS688.61 FS688.31 FS 688.05 FS687.99 FS688.74 FS688.11 FS688.72 FS 684.42 FS684.50 FS684.45 FS683.79 FS683.51 FS
686.6 FG686.57 FS686.8 FG
684.1 TG
685.39 FS685.47 FS684.99 FS
688.39 FS
685686687688
6896846856866876883' STREETDEDICATIONULTIMATEPROPERTY LINE

22.0'CL TO CURB30.0'CL TO EXROW

33.0'CL TOULTIMATEROW 1
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2 2
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4 21
2 2
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3' STREET DEDICATIONULTIMATE PROPERTY LINE
7 H
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DRAWING NO.REVIEWED BY:CHECKED BY:REVISION NO.DATE:SCALE:DRAWN BY:DESIGNED BY:PROJECT NO.DRAWING TITLE25151104/08/2026 DIRAC BESS13925 BENSON AVE, CHINO, CA 91710CITY OF CHINOwww.coffman.comph 818.698.84486320 Canoga Avenue, Suite 1300Woodland Hills, CA 91367 BYDESCRIPTIONDATENO.REVISIONSPRELIMINARYNOT FOR CONSTRUCTION CUP RESUBMITTAL 04/08/2026CEI PRELIMINARY GRADING PLANC4.21" = 30'MWTJKMWTJRA
MATCHLINE - SEE SHEET C4.1 FOR CONTINUATION
SECTION I-I2%PERIMETER WALLPROPERTY LINE

CURB & GUTTEREQUIPMENTPAD AREA
10'26'ASPHALT DRIVEWAY2'SECTION J-JPERIMETER WALLPROPERTY LINESUBSTATIONAREA 10'SECTION K-K2%PERIMETER WALLPROPERTY LINECURB & GUTTEREQUIPMENTPAD AREA 10'26'ASPHALT DRIVEWAYSECTION L-L2%PERIMETER WALLPROPERTY LINE

CURB & GUTTEREQUIPMENTPAD AREA
10'26'ASPHALT DRIVEWAY6'2'60303015FEETSCALE:01 INCH = 30 GRADING KEYNOTESPROPOSED PVC STORM DRAIN LINEPROPOSED STORM WATER CATCH BASINPROPOSED STORM WATER TREATMENT FACILITYCONNECT TO EXISTING STORM DRAIN SYSTEMIF CONNECTION TO A STORM DRAIN IN OAKS IS NOT POSSIBLE, THE PROJECTSHALL DISCHARGE THE TREATED STORMWATER TO THE OAKS AVENUEGUTTER. THIS MAY INCLUDE THE NEED TO ADD A STORMWATER LIFT STATION.PROPOSED SEWER-LIKE CLEANOUT FOR STORM WATER PER CITY OF CHINOSTD. 527124567 GRADING NOTES1. SPOT ELEVATIONS ARE FOR FINISHED GRADE/SURFACE UNLESS OTHERWISE NOTED.2. UNLESS ELEVATIONS AND/OR CONTOURS ARE OTHERWISE SHOWN, NEW FINISH GRADESURFACES SHALL BE PLACED TO ALLOW FOR POSITIVE DRAINAGE TO RUNOFF COLLECTIONDEVICES OR FACILITIES. MAINTAIN POSITIVE DRAINAGE AWAY FROM BUILDINGS.3. GRADING SHALL NOT EXCEED A 3:1 MAXIMUM SLOPE.

ABAGGREGATE BASEACASPHALT CONCRETEAUXAUXILIARYBESSBATTERY ENERGY STORAGE SYSTEMBLDGBUILDINGCMUCONCRETE MASONRY UNITCOCLEANOUTCOMMCOMMUNICATIONSDIDROP INLETEELECTRICAL(E) / EXEXISTINGFFFINISH FLOOR ELEVATIONFG FINISHED GRADEFSFINISHED SURFACEFWFIRE WATER SERVICEGBGRADE BREAK

INVINVERT(N) NEWPCSPOWER CONVERSION SYSTEMPPPOWER POLEROWRIGHT OF WAYSSLOPESCESOUTHERN CALIFORNIA EDISONSDSTORM DRAINSDMHSTORM DRAIN MANHOLESWRSEWERTELTELEPHONETGTOP OF GRATETITRAFFIC INDEXTYPTYPICALWTRWATERXFMRTRANSFORMER

ABBREVIATIONS
EARTHWORK NOTESTOTAL AREA: 605,280 SFCUT VOLUME = 6,100 CYDFILL VOLUME = 5,200 CYDNET EXPORT VOLUME = 900 CYDMAXIMUM CUT = 2.0 FTMAXIMUM FILL = 4.5 FT LEGEND

PROPOSED LANDSCAPING AREA(SEE LANDSCAPE PLANS FOR MORE INFORMATION) PROPERTY LINEPARCEL BOUNDARYSTREET CENTERLINESHEET LIMITMINOR CONTOUR LINEMAJOR CONTOUR LINEEX. STORM DRAIN MAINPROPOSED STORM DRAIN LINEPROPOSED CATCH BASINPROPOSED CLEANOUTPROP. WATER TREATMENT FACILITY 685684
1041026

ACCESSACCESS
685
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686
687
687686687687
688688688688
690688
686684
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685686687688
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682683684685
M M
M
6'EXISTING SCE EASEMENTTO BE VACATEDBOOK 7750,PAGE 372, O.R.

BENSON AVE.RECORD OWNER:EQUIPMENT VALLEYINVESTMENTS LLCAPN: 1021-211-06-0000 OAKS AVE.CL
CL
CL
CL
DANIELS ST.

RECORD OWNER:REXFORD INDUSTRIAL13925 BENSON LLCAPN: 1021-211-02-6000 RECORD OWNER:FREWING PROPERTIESSOESTERN LLCAPN: 1021-121-11-0000RECORD OWNER:FURCOLOW MARIA MARGARETTRUST ELBERTSE TRUST /96APN: 1021-121-07-0000RECORD OWNER:SHEA CENTERCHINO LLCAPN: 1021-121-05-0000RECORD OWNER:HELMAR INDUSTRIALPROPERTIES LLCAPN: 1021-211-05-0000 RECORD OWNER:SOUTHERN CALIFORNIA EDISON COMPANYAPN: 1021-211-01-0000 DRAWING NO.REVIEWED BY:CHECKED BY:REVISION NO.DATE:SCALE:DRAWN BY:DESIGNED BY:PROJECT NO.DRAWING TITLE25151104/08/2026 DIRAC BESS13925 BENSON AVE, CHINO, CA 91710CITY OF CHINOwww.coffman.comph 818.698.84486320 Canoga Avenue, Suite 1300Woodland Hills, CA 91367 BYDESCRIPTIONDATENO.REVISIONSPRELIMINARYNOT FOR CONSTRUCTION CUP RESUBMITTAL 04/08/2026CEI 120606030FEETSCALE:01 INCH = 60C5.01" = 60'MWTJKMWTJRA
C5.2C5.1
FREEDOM CT.

PRELIMINARYDRAINAGE PLAN KEYMAP
LEGENDPROPERTY LINEPROJECT LIMITSPARCEL BOUNDARYEX. STORM DRAIN MAINPROP. STORM DRAIN LINEPROP. CATCH BASINPROP. WATER TREATMENT FACILITYPROPOSED CLEANOUT DRAINAGE NOTESBASED ON DIRECTION FROM CITY STAFF, HYDROMODIFICATION MEASURES ARE NOTREQUIRED. 1051027
BW (N. END,0.6' N. OF P.L.)CHAIN LINK FENCE(0.4' N. OF P.L.)S 680
681
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PROPERTY LINE

PROPERTY LINE
DANIELS ST.

33.0'CL TO EX ROW
4 57
DRAWING NO.REVIEWED BY:CHECKED BY:REVISION NO.DATE:SCALE:DRAWN BY:DESIGNED BY:PROJECT NO.DRAWING TITLE25151104/08/2026 DIRAC BESS13925 BENSON AVE, CHINO, CA 91710CITY OF CHINOwww.coffman.comph 818.698.84486320 Canoga Avenue, Suite 1300Woodland Hills, CA 91367 BYDESCRIPTIONDATENO.REVISIONSPRELIMINARYNOT FOR CONSTRUCTION CUP RESUBMITTAL 04/08/2026CEI PRELIMINARY DRAINAGE PLAN60303015FEETSCALE:01 INCH = 30C5.11" = 30'MWTJKMWTJRA

ABAGGREGATE BASEACASPHALT CONCRETEAUXAUXILIARYBESSBATTERY ENERGY STORAGE SYSTEMBLDGBUILDINGCMUCONCRETE MASONRY UNITCOCLEANOUTCOMMCOMMUNICATIONSDIDROP INLETEELECTRICAL(E) / EXEXISTINGFFFINISH FLOOR ELEVATIONFG FINISHED GRADEFSFINISHED SURFACEFWFIRE WATER SERVICEGBGRADE BREAKINVINVERT(N) NEWPCSPOWER CONVERSION SYSTEMPPPOWER POLEROWRIGHT OF WAYSSLOPESCESOUTHERN CALIFORNIA EDISONSDSTORM DRAINSDMHSTORM DRAIN MANHOLESWRSEWERTELTELEPHONETGTOP OF GRATETITRAFFIC INDEXTYPTYPICALWTRWATERXFMRTRANSFORMER

ABBREVIATIONS
DRAINAGE KEYNOTESPROPOSED PVC STORM DRAIN LINEPROPOSED STORM WATER CATCH BASINPROPOSED STORM WATER TREATMENT FACILITYCONNECT TO EXISTING STORM DRAIN SYSTEMIF CONNECTION TO A STORM DRAIN IN OAKS IS NOT POSSIBLE, THE PROJECT SHALLDISCHARGE THE TREATED STORMWATER TO THE OAKS AVENUE GUTTER. THIS MAYINCLUDE THE NEED TO ADD A STORMWATER LIFT STATION.PROPOSED SEWER-LIKE CLEANOUT FOR STORM WATER PER CITY OF CHINO STD.527124567 MATCHLINE - SEE SHEET C5.2 FOR CONTINUATIONLEGENDPROPERTY LINEPROJECT LIMITSPARCEL BOUNDARYEX. STORM DRAIN MAINPROP. STORM DRAIN LINEPROP. CATCH BASINPROP. WATER TREATMENT FACILITYPROPOSED CLEANOUT DRAINAGE NOTES1.BASED ON DIRECTION FROM CITY STAFF, HYDROMODIFICATION MEASURESARE NOT REQUIRED.2.GROUNDWATER INFILTRATION HAS BEEN DEEMED INFEASIBLE BASED UPONEXISTING SOIL CONDITIONS, INCLUDING AN UNDERSTANDING THAT THEEXISTING SOILS ARE CONTAMINATED DUE TO PRIOR USES ON THE SITE. ASSUCH, AND IN COMPLIANCE WITH SECTION 3.2.4 GROUNDWATERCONSIDERATIONS OF THE TECHNICAL GUIDANCE DOCUMENT FOR WQMPS,THE DRAINAGE AND STORMWATER DESIGN DOES NOT RELY UPONGROUNDWATER INFILTRATION FOR WATER QUALITY TREATMENT. RUNOFF ISINTENDED TO SHEET FLOW TO THE PROPOSED STORM DRAIN SYSTEM ANDTHEN BE ROUTED TO THE PROPOSED TREATMENT STRUCTURES BEFOREBEING DISCHARGED OFFSITE.3.ACCOMPANYING THE FINAL DESIGN AND WQMP, A SOIL MANAGEMENT STUDYWILL BE PROVIDED TO THE CITY FOR REVIEW. THIS STUDY WILLDEMONSTRATE THAT ANY IDENTIFIED POLLUTANTS ON THE SITE WILL NOTRESULT IN ADVERSE IMPACTS TO GROUNDWATER QUALITY. 1061028

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PROPERTY LINE
OAKS AVE.

RECORD OWNER:EQUIPMENT VALLEY INVESTMENTS LLCAPN: 1021-211-06-0000CL CL
RECORD OWNER:SHEA CENTERCHINO LLCAPN: 1021-121-05-0000RECORD OWNER:HELMAR INDUSTRIALPROPERTIES LLCAPN: 1021-211-05-0000

30.0'CL TO EXROW

33.0'CL TOULTIMATEROW3' STREET DEDICATIONULTIMATE PROPERTY LINE7 DRAWING NO.REVIEWED BY:CHECKED BY:REVISION NO.DATE:SCALE:DRAWN BY:DESIGNED BY:PROJECT NO.DRAWING TITLE25151104/08/2026 DIRAC BESS13925 BENSON AVE, CHINO, CA 91710CITY OF CHINOwww.coffman.comph 818.698.84486320 Canoga Avenue, Suite 1300Woodland Hills, CA 91367 BYDESCRIPTIONDATENO.REVISIONSPRELIMINARYNOT FOR CONSTRUCTION CUP RESUBMITTAL 04/08/2026CEI PRELIMINARY DRAINAGE PLAN60303015FEETSCALE:01 INCH = 30C5.21" = 30'MWTJKMWTJRA DRAINAGE KEYNOTESPROPOSED PVC STORM DRAIN LINEPROPOSED STORM WATER CATCH BASINPROPOSED STORM WATER TREATMENT FACILITYCONNECT TO EXISTING STORM DRAIN SYSTEMIF CONNECTION TO A STORM DRAIN IN OAKS IS NOT POSSIBLE, THE PROJECT SHALLDISCHARGE THE TREATED STORMWATER TO THE OAKS AVENUE GUTTER. THIS MAYINCLUDE THE NEED TO ADD A STORMWATER LIFT STATION.PROPOSED SEWER-LIKE CLEANOUT FOR STORM WATER PER CITY OF CHINO STD.527124567

ABAGGREGATE BASEACASPHALT CONCRETEAUXAUXILIARYBESSBATTERY ENERGY STORAGE SYSTEMBLDGBUILDINGCMUCONCRETE MASONRY UNITCOCLEANOUTCOMMCOMMUNICATIONSDIDROP INLETEELECTRICAL(E) / EXEXISTINGFFFINISH FLOOR ELEVATIONFG FINISHED GRADEFSFINISHED SURFACEFWFIRE WATER SERVICEGBGRADE BREAKINVINVERT(N) NEWPCSPOWER CONVERSION SYSTEMPPPOWER POLEROWRIGHT OF WAYSSLOPESCESOUTHERN CALIFORNIA EDISONSDSTORM DRAINSDMHSTORM DRAIN MANHOLESWRSEWERTELTELEPHONETGTOP OF GRATETITRAFFIC INDEXTYPTYPICALWTRWATERXFMRTRANSFORMER

ABBREVIATIONS
MATCHLINE - SEE SHEET C5.1 FOR CONTINUATION
LEGENDPROPERTY LINEPROJECT LIMITSPARCEL BOUNDARYEX. STORM DRAIN MAINPROP. STORM DRAIN LINEPROP. CATCH BASINPROP. WATER TREATMENT FACILITYPROPOSED CLEANOUT DRAINAGE NOTESBASED ON DIRECTION FROM CITY STAFF, HYDROMODIFICATION MEASURES ARE NOT REQUIRED. 1071029
BW (N. END,0.6' N. OF P.L.)CHAIN LINK FENCE(0.4' N. OF P.L.) S
M M
M
BENSON AVE.

OAKS AVE.DANIELS ST.

DRAWING NO.REVIEWED BY:CHECKED BY:REVISION NO.DATE:SCALE:DRAWN BY:DESIGNED BY:PROJECT NO.DRAWING TITLE25151104/08/2026 DIRAC BESS13925 BENSON AVE, CHINO, CA 91710CITY OF CHINOwww.coffman.comph 818.698.84486320 Canoga Avenue, Suite 1300Woodland Hills, CA 91367 BYDESCRIPTIONDATENO.REVISIONSPRELIMINARYNOT FOR CONSTRUCTION CUP RESUBMITTAL 04/08/2026CEI 120606030FEETSCALE:01 INCH = 60C6.01" = 60'MWTJKMWTJRA
C6.2C6.1
LEGENDPROPERTY LINESTREET CENTERLINEEX. ELECTRICAL LINEEX. FENCEEX. FIRE SERVICE LINEEX. GAS LINEEX. STORM DRAIN MAINEX. TELEPHONE LINEEX. WATER MAINEX. SEWER MAINEX. RECYCLED WATER MAINPROP. SECURITY FENCEPROP. STORM DRAIN LINEPROP. WATER LINEPROP. SEWER LINEPROP. RECYCLED WATER LINEPROPOSED LANDSCAPING AREA(SEE LANDSCAPE PLANS FOR MOREINFORMATION)PROPOSED STREETLIGHT

PRELIMINARYUTILITY PLAN KEY MAP

PROPOSED PROPOSED FIRE HYDRANT

ABAGGREGATE BASEACASPHALT CONCRETEAUXAUXILIARYBESSBATTERY ENERGY STORAGE SYSTEMBLDGBUILDINGCMUCONCRETE MASONRY UNITCOCLEANOUTCOMMCOMMUNICATIONSDIDROP INLETEELECTRICAL(E) / EXEXISTINGFFFINISH FLOOR ELEVATIONFG FINISHED GRADE

ABBREVIATIONSFSFINISHED SURFACEFWFIRE WATER SERVICEGBGRADE BREAKINVINVERT(N) NEWPCSPOWER CONVERSION SYSTEMPPPOWER POLEPROPPROPOSEDROWRIGHT OF WAYSSLOPESCESOUTHERN CALIFORNIA EDISONSDSTORM DRAINSDMHSTORM DRAIN MANHOLE

SWRSEWERTELTELEPHONETGTOP OF GRATETITRAFFIC INDEXTYPTYPICALWTRWATERXFMRTRANSFORMER 1081030
BW (N. END,0.6' N. OF P.L.)CHAIN LINK FENCE(0.4' N. OF P.L.)S M MBENSON AVE.

PROPERTY LINE

PROPERTY LINE
DANIELS ST.
1 1
1 1
3 3
7 5 4
8 2214
14 2113
2 111220171010 10
16 28.0'33.0'18
1 2
2 2
15 8
EXISTING AND ULTIMATEPROPERTY/ R.O.W LINE
DRAWING NO.REVIEWED BY:CHECKED BY:REVISION NO.DATE:SCALE:DRAWN BY:DESIGNED BY:PROJECT NO.DRAWING TITLE25151104/08/2026 DIRAC BESS13925 BENSON AVE, CHINO, CA 91710CITY OF CHINOwww.coffman.comph 818.698.84486320 Canoga Avenue, Suite 1300Woodland Hills, CA 91367 BYDESCRIPTIONDATENO.REVISIONSPRELIMINARYNOT FOR CONSTRUCTION CUP RESUBMITTAL 04/08/2026CEI PRELIMINARY UTILITY PLAN60303015FEETSCALE:01 INCH = 30C6.11" = 30'MWTJKMWTJRA MATCHLINE - SEE SHEET C6.2 FOR CONTINUATION
LEGENDPROPERTY LINESTREET CENTERLINEEX. ELECTRICAL LINEEX. FENCEEX. FIRE SERVICE LINEEX. GAS LINEEX. STORM DRAIN MAINEX. TELEPHONE LINEEX. WATER MAINEX. SEWER MAINEX. RECYCLED WATER MAINPROP. SECURITY FENCEPROP. STORM DRAIN LINEPROP. WATER LINEPROP. SEWER LINEPROP. RECYCLED WATER LINEPROPOSED LANDSCAPING AREA(SEE LANDSCAPE PLANS FOR MORE INFORMATION)PROPOSED STREETLIGHTUTILITY KEYNOTESPROPOSED 6" PVC FIRE WATER LINEPROPOSED 6" FIRE HYDRANT PER CITY OF CHINO STD. 445APROPOSED 6" PVC SEWER LINE PER CITY OF CHINO STD. 500ACONNECT TO EXISTING SEWER MANHOLE PER CITY OF CHINO STD. 515PARKWAY LANDSCAPE IRRIGATION POCDOMESTIC WATER POC FOR PROPOSED O&M BUILDINGPROPOSED 3/4" PVC DOMESTIC WATER LINECONNECT TO EXISTING WATER SYSTEMPROPOSED BACKFLOW PREVENTION ASSEMBLY REDUCED PRESSURE DEVICE FORRECYCLED WATER 2" AND SMALLER PER CITY OF CHINO STD. 471PROPOSED 3/4" WATER METER FOR RECYCLED WATER CONSTRUCTED PER CITY OFCHINO STD. 405APROPOSED BACKFLOW PREVENTION ASSEMBLY REDUCED PRESSURE DEVICE FORDOMESTIC WATER 3" AND LARGER PER CITY OF CHINO STD. 472PROPOSED SEWER CLEANOUT PER CITY OF CHINO STD. 527PROPOSED GATE VALVE FOR DOMESTIC WATER PER CITY OF CHINO STD. 450SEWER POC FOR PROPOSED O&M BUILDINGPROPOSED GATE VALVE FOR RECYCLED WATER PER CITY OF CHINO STD. 450PROPOSED 3/4" PVC RECYCLED WATER LINEPROPOSED GATE VALVE FOR FIRE WATER PER CITY OF CHINO STD. 450PROPOSED 3/4" WATER METER FOR DOMESTIC WATER CONSTRUCTED PER CITY OFCHINO STD. 405APROPOSED BACKFLOW PREVENTION ASSEMBLY REDUCED PRESSURE DEVICE FORDOMESTIC WATER 2" AND SMALLER PER CITY OF CHINO STD. 471 1234578101112131415161718202122

PROPOSED PROPOSED FIRE HYDRANT

ABAGGREGATE BASEACASPHALT CONCRETEAUXAUXILIARYBESSBATTERY ENERGY STORAGE SYSTEMBLDGBUILDINGCMUCONCRETE MASONRY UNITCOCLEANOUTCOMMCOMMUNICATIONSDIDROP INLETEELECTRICAL(E) / EXEXISTINGFFFINISH FLOOR ELEVATIONFG FINISHED GRADE

ABBREVIATIONSFSFINISHED SURFACEFWFIRE WATER SERVICEGBGRADE BREAKINVINVERT(N) NEWPCSPOWER CONVERSION SYSTEMPPPOWER POLEPROPPROPOSEDROWRIGHT OF WAYSSLOPESCESOUTHERN CALIFORNIA EDISONSDSTORM DRAINSDMHSTORM DRAIN MANHOLE

SWRSEWERTELTELEPHONETGTOP OF GRATETITRAFFIC INDEXTYPTYPICALWTRWATERXFMRTRANSFORMER 1091031

TELEPHONE PBCOMMUNICATIONS PBSTREET LIGHTSEWER MHFIRE HYDRANTWATER VALVE

WATER METERBACK FLOW DEVICE

WATER VALVESEWER MHWATER VALVESTREET LIGHTWATER VALVEFIRE HYDRANTWATER VALVEWATER VALVEWATER VALVE CONCRETE CURBW/ GUTTER (TYP)SIGN BOARD(2.0' E. OF P.L.) CHAIN LINK FENCE(0.8' N. OF P.L.)
BW (S. FACE,0.4' N. OF P.L.)
BW (S. FACE,0.5' N. OF P.L.)

CONCRETE GUTTER

TELEPHONE VAULT

OAKS AVENUE
60'CL
685
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TELEPHONE RISER
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OAKS AVE.
11 11
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6 2
110
14 11121710
16 30.0'CL TO EXROW

PROPOSED SCEUNDERGROUNDGEN-TIE
2 2
2 220
DRAWING NO.REVIEWED BY:CHECKED BY:REVISION NO.DATE:SCALE:DRAWN BY:DESIGNED BY:PROJECT NO.DRAWING TITLE25151104/08/2026 DIRAC BESS13925 BENSON AVE, CHINO, CA 91710CITY OF CHINOwww.coffman.comph 818.698.84486320 Canoga Avenue, Suite 1300Woodland Hills, CA 91367 BYDESCRIPTIONDATENO.REVISIONSPRELIMINARYNOT FOR CONSTRUCTION CUP RESUBMITTAL 04/08/2026CEI PRELIMINARY UTILITY PLAN60303015FEETSCALE:01 INCH = 30C6.21" = 30'MWTJKMWTJRA MATCHLINE - SEE SHEET C6.1 FOR CONTINUATION
LEGENDEX. ELECTRICAL LINEEX. FENCEEX. FIRE SERVICE LINEEX. GAS LINEEX. STORM DRAIN MAINEX. TELEPHONE LINEEX. WATER MAINEX. SEWER MAINPROP. SECURITY FENCEPROP. STORM DRAIN LINEPROP. WATER LINEPROP. SEWER LINEPROP. SCE UNDERGROUND GEN-TIE

ABAGGREGATE BASEACASPHALT CONCRETEAUXAUXILIARYBESSBATTERY ENERGY STORAGE SYSTEMBLDGBUILDINGCMUCONCRETE MASONRY UNITCOCLEANOUTCOMMCOMMUNICATIONSDIDROP INLETEELECTRICAL(E) / EXEXISTINGFFFINISH FLOOR ELEVATIONFG FINISHED GRADE

ABBREVIATIONSFSFINISHED SURFACEFWFIRE WATER SERVICEGBGRADE BREAKINVINVERT(N) NEWPCSPOWER CONVERSION SYSTEMPPPOWER POLEPROPPROPOSEDROWRIGHT OF WAYSSLOPESCESOUTHERN CALIFORNIA EDISONSDSTORM DRAINSDMHSTORM DRAIN MANHOLE

SWRSEWERTELTELEPHONETGTOP OF GRATETITRAFFIC INDEXTYPTYPICALWTRWATERXFMRTRANSFORMER PROPOSED LANDSCAPING AREA(SEE LANDSCAPE PLANS FOR MORE INFORMATION)PROPOSED STREETLIGHTUTILITY KEYNOTESPROPOSED 6" PVC FIRE WATER LINEPROPOSED 6" FIRE HYDRANT PER CITY OF CHINO STD. 445APROPOSED DOMESTIC WATER LINE FOR PARKWAY LANDSCAPEIRRIGATIONCONNECT TO EXISTING WATER SYSTEMPROPOSED BACKFLOW PREVENTION ASSEMBLY REDUCED PRESSUREDEVICE FOR RECYCLED WATER 2" AND SMALLER PER CITY OF CHINOSTD. 471PROPOSED 3/4" WATER METER FOR RECYCLED WATER CONSTRUCTEDPER CITY OF CHINO STD. 405APROPOSED SEWER CLEANOUT PER CITY OF CHINO STD. 527PROPOSED GATE VALVE FOR RECYCLED WATER PER CITY OF CHINOSTD. 450PROPOSED GATE VALVE FOR FIRE WATER PER CITY OF CHINO STD. 450 126101112141720

PROPOSED PROPOSED FIRE HYDRANT
1101032
BW (N. END,0.6' N. OF P.L.)CHAIN LINK FENCE(0.4' N. OF P.L.)

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6'EXISTING SCE EASEMENTTO BE VACATEDBOOK 7750,PAGE 372, O.R.

BENSON AVE.RECORD OWNER:EQUIPMENT VALLEYINVESTMENTS LLCAPN: 1021-211-06-0000 OAKS AVE.CL
CL
CL
CL
DANIELS ST.

RECORD OWNER:REXFORD INDUSTRIAL13925 BENSON LLCAPN: 1021-211-02-6000 RECORD OWNER:FREWING PROPERTIESSOESTERN LLCAPN: 1021-121-11-0000RECORD OWNER:FURCOLOW MARIA MARGARETTRUST ELBERTSE TRUST /96APN: 1021-121-07-0000RECORD OWNER:SHEA CENTERCHINO LLCAPN: 1021-121-05-0000RECORD OWNER:HELMAR INDUSTRIALPROPERTIES LLCAPN: 1021-211-05-0000 RECORD OWNER:SOUTHERN CALIFORNIA EDISON COMPANYAPN: 1021-211-01-000010' CMUWALL,SEE 1/C7.326.00' DOUBLESWING GATE,SEE 2/C7.3

26.00' DOUBLESWING GATE,SEE 2/C7.310' CMUWALL,SEE 1/C7.3

26.00'INTERIORCHAIN LINKFENCE26.00'INTERIORCHAIN LINKFENCE 10' CMUWALL,SEE 1/C7.3
DECORATIVEPILASTERS SPACEDEVERY 100' AND ATCORNERS ALONGPUBLIC ROW DECORATIVEPILASTERS SPACEDEVERY 100' AND ATCORNERS ALONGPUBLIC ROW DRAWING NO.REVIEWED BY:CHECKED BY:REVISION NO.DATE:SCALE:DRAWN BY:DESIGNED BY:PROJECT NO.DRAWING TITLE25151104/08/2026 DIRAC BESS13925 BENSON AVE, CHINO, CA 91710CITY OF CHINOwww.coffman.comph 818.698.84486320 Canoga Avenue, Suite 1300Woodland Hills, CA 91367 BYDESCRIPTIONDATENO.REVISIONSPRELIMINARYNOT FOR CONSTRUCTION CUP RESUBMITTAL 04/08/2026CEI PRELIMINARY FENCING KEY MAP120606030FEETSCALE:01 INCH = 60C7.01" = 60'MWTJKMWTJRA C7.2C7.1
1111033
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BENSON AVE.

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PROPERTY LINE
DANIELS ST.
10' CMUWALL,SEE 1/C7.326.00' DOUBLESWING GATE,SEE 2/C7.3 DECORATIVEPILASTERS SPACEDEVERY 100' AND ATCORNERS ALONGPUBLIC ROW

33.0'CL TO EX ROW
DRAWING NO.REVIEWED BY:CHECKED BY:REVISION NO.DATE:SCALE:DRAWN BY:DESIGNED BY:PROJECT NO.DRAWING TITLE25151104/08/2026 DIRAC BESS13925 BENSON AVE, CHINO, CA 91710CITY OF CHINOwww.coffman.comph 818.698.84486320 Canoga Avenue, Suite 1300Woodland Hills, CA 91367 BYDESCRIPTIONDATENO.REVISIONSPRELIMINARYNOT FOR CONSTRUCTION CUP RESUBMITTAL 04/08/2026CEI PRELIMINARY FENCING PLAN60303015FEETSCALE:01 INCH = 30C7.11" = 30'MWTJKMWTJRA LEGENDPROPERTY LINESTREET CENTERLINEEX. ELECTRICAL LINEEX. FENCEEX. FIRE SERVICE LINEEX. GAS LINEEX. STORM DRAIN MAINEX. TELEPHONE LINEEX. WATER MAINEX. SEWER MAINPROP. SECURITY FENCEPROP. STORM DRAIN LINEPROP. WATER LINEPROP. SEWER LINEPROP. CMU WALL PROPOSED HEAVY DUTY VEHICULAR ASPHALTPAVEMENT WITH 5.0" A.C. OVER 8.0" CL. II A.B.

MATCHLINE - SEE SHEET C3.2 FOR CONTINUATION

PROPOSED LANDSCAPING AREA(SEE LANDSCAPE PLANS FOR MORE INFORMATION)PROPOSED ENHANCED HEAVY-DUTY CONCRETEPAVEMENT

ABAGGREGATE BASEACASPHALT CONCRETEAUXAUXILIARYBESSBATTERY ENERGY STORAGE SYSTEMBLDGBUILDINGCMUCONCRETE MASONRY UNITCOCLEANOUTCOMMCOMMUNICATIONSDIDROP INLETEELECTRICAL(E) / EXEXISTINGFFFINISH FLOOR ELEVATIONFG FINISHED GRADE

ABBREVIATIONSFSFINISHED SURFACEFWFIRE WATER SERVICEGBGRADE BREAKINVINVERT(N) NEWPCSPOWER CONVERSION SYSTEMPPPOWER POLEPROPPROPOSEDROWRIGHT OF WAYSSLOPESCESOUTHERN CALIFORNIA EDISONSDSTORM DRAINSDMHSTORM DRAIN MANHOLE

SWRSEWERTELTELEPHONETGTOP OF GRATETITRAFFIC INDEXTYPTYPICALWTRWATERXFMRTRANSFORMER 1121034

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PROPERTY LINE
OAKS AVE.

RECORD OWNER:EQUIPMENT VALLEY INVESTMENTS LLCAPN: 1021-211-06-0000CL CL
RECORD OWNER:SHEA CENTERCHINO LLCAPN: 1021-121-05-0000RECORD OWNER:HELMAR INDUSTRIALPROPERTIES LLCAPN: 1021-211-05-000026.00' DOUBLESWING GATE,SEE 2/C7.310' CMUWALL,SEE 1/C7.3

26.00'INTERIORCHAIN LINKFENCE26.00'INTERIORCHAIN LINKFENCE 10' CMUWALL,SEE 1/C7.3
DECORATIVEPILASTERS SPACEDEVERY 100' AND ATCORNERS ALONGPUBLIC ROW

30.0'CL TO EXROW

33.0'CL TOULTIMATEROW
DRAWING NO.REVIEWED BY:CHECKED BY:REVISION NO.DATE:SCALE:DRAWN BY:DESIGNED BY:PROJECT NO.DRAWING TITLE25151104/08/2026 DIRAC BESS13925 BENSON AVE, CHINO, CA 91710CITY OF CHINOwww.coffman.comph 818.698.84486320 Canoga Avenue, Suite 1300Woodland Hills, CA 91367 BYDESCRIPTIONDATENO.REVISIONSPRELIMINARYNOT FOR CONSTRUCTION CUP RESUBMITTAL 04/08/2026CEI PRELIMINARY FENCING PLAN 60303015FEETSCALE:01 INCH = 30C7.21" = 30'MWTJKMWTJRA MATCHLINE - SEE SHEET C3.1 FOR CONTINUATION
LEGENDPROPERTY LINESTREET CENTERLINEEX. ELECTRICAL LINEEX. FENCEEX. FIRE SERVICE LINEEX. GAS LINEEX. STORM DRAIN MAINEX. TELEPHONE LINEEX. WATER MAINEX. SEWER MAINPROP. SECURITY FENCEPROP. STORM DRAIN LINEPROP. WATER LINEPROP. SEWER LINEPROP. CMU WALL PROPOSED HEAVY DUTY VEHICULAR ASPHALTPAVEMENT WITH 5.0" A.C. OVER 8.0" CL. II A.B.PROPOSED LANDSCAPING AREA(SEE LANDSCAPE PLANS FOR MORE INFORMATION)PROPOSED ENHANCED HEAVY-DUTY CONCRETEPAVEMENT

ABAGGREGATE BASEACASPHALT CONCRETEAUXAUXILIARYBESSBATTERY ENERGY STORAGE SYSTEMBLDGBUILDINGCMUCONCRETE MASONRY UNITCOCLEANOUTCOMMCOMMUNICATIONSDIDROP INLETEELECTRICAL(E) / EXEXISTINGFFFINISH FLOOR ELEVATIONFG FINISHED GRADE

ABBREVIATIONSFSFINISHED SURFACEFWFIRE WATER SERVICEGBGRADE BREAKINVINVERT(N) NEWPCSPOWER CONVERSION SYSTEMPPPOWER POLEPROPPROPOSEDROWRIGHT OF WAYSSLOPESCESOUTHERN CALIFORNIA EDISONSDSTORM DRAINSDMHSTORM DRAIN MANHOLE

SWRSEWERTELTELEPHONETGTOP OF GRATETITRAFFIC INDEXTYPTYPICALWTRWATERXFMRTRANSFORMER 1131035

FINISHED GRADEGATE FRAME(PER MANUFACTURER'SREQUIREMENTS)GATE POSTS TO BE SIZED(PER MANUFACTURER'SRECOMMENDATIONS)

FORK LATCHCHAIN W/ LOCK
5" MAX, 2" MIN GAPBETWEEN GATE &FINISHED GRADE
SOLID BLACK METAL GATE24" SQUARE PILASTER WITH DECORATIVE CAP(TYP.)DECORATIVE WALLCAP DECORATIVE WALLCAP DRAWING NO.REVIEWED BY:CHECKED BY:REVISION NO.DATE:SCALE:DRAWN BY:DESIGNED BY:PROJECT NO.DRAWING TITLE25151104/08/2026 DIRAC BESS13925 BENSON AVE, CHINO, CA 91710CITY OF CHINOwww.coffman.comph 818.698.84486320 Canoga Avenue, Suite 1300Woodland Hills, CA 91367 BYDESCRIPTIONDATENO.REVISIONSPRELIMINARYNOT FOR CONSTRUCTION CUP RESUBMITTAL 04/08/2026CEI FENCING DETAILSC7.31" = 30'MWTJKMWTJRA
FOUNDATION OR CAST-IN-PLACE PIERSSCALE:1C7.3CMU WALL DETAILNTSSCALE:2C7.3FENCE GATE DETAILNTS4'-0"MIN 12" SHEPARDHOOKS @ 6" O.C.TYP
FENCING/WALL NOTES:1.PILASTERS SHALL BE PROVIDED WITH A DECORATIVE CAP AND AN 8" GAP SHALLBE PROVIDED BETWEEN THE TOP OF THE WALL AND PILASTER CAP. THEPILASTER SHALL SITE HIGHER THAN THE TOP OF THE WALL.2.DECORATIVE CAP SHALL BE ADDED TO THE WALL.3.COLORS OF WALLS SHALL BE COMPLEMENTARY TO ADJACENT BUILDING, SUCHAS GRAY OR TAN.4.24" SQUARE PILASTERS WITH A DECORATIVE CAP SHALL BE PROVIDED TO ENDWALL TRANSITIONS TO FENCING AND GATES.5.PILASTERS LOCATED WITH SPACING OF 100' ON WALLS ALONG THE PUBLIC ROW.6.WALL WILL BE COMPRISED OF CONCRETE MASONRY UNITS (CMUs).

MASONRY PILASTER PER CITY OF CHINODETAIL BELOW

STANDARD PYRAMIDALWITH SMOOTH EDGESDECORATIVE CAPTYP
SCALE:3C7.3DECORATIVE CAPNTS

DECORATIVEWALL CAP
1141036
SBENSON AVE.

OAKS AVE.

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DRAWING NO.REVIEWED BY:CHECKED BY:REVISION NO.DATE:SCALE:DRAWN BY:DESIGNED BY:PROJECT NO.DRAWING TITLE25151104/08/2026 DIRAC BESS13925 BENSON AVE, CHINO, CA 91710CITY OF CHINOwww.coffman.comph 818.698.84486320 Canoga Avenue, Suite 1300Woodland Hills, CA 91367 BYDESCRIPTIONDATENO.REVISIONSPRELIMINARYNOT FOR CONSTRUCTION CUP RESUBMITTAL 04/08/2026CEI PUBLIC IMPROVEMENT KEY MAP 120606030FEETSCALE:01 INCH = 60C8.01" = 60'MWTJKMWTJRA C8.2C8.1C8.3
120606030FEETSCALE:01 INCH = 60
221'1.57.0'5.0'12'5' PROP. SIDEWALKEX. CURB &GUTTERPROP. PARKWAYLANDSCAPINGEX. ACPAVEMENTBENSON AVE.SECTION A-A 33'221'EX. R/W12'EX. LANDSCAPING
66' EXISTING RIGHT OF WAY33'
33'22'EX. R/W11'EX. CURB &GUTTEREX. LANDSCAPINGEX. ACPAVEMENTOAKS AVE.SECTION C-C 33'222'1.566' PROPOSED RIGHT OF WAY2
EX. SIDEWALK
5' PROP. SIDEWALK8.0'
AA
B B
PROP. PARKWAY LANDSCAPE8.0'
D D
PROPR/WEXR/W3'5.0'
PROP. / EX.R/W
C C
OAKS AVE.SECTION B-B
33'22'EX. R/W11'EX. CURB &GUTTEREX. LANDSCAPINGEX. ACPAVEMENT33'222'1.566' PROPOSED RIGHT OF WAY2 5' PROP. SIDEWALK5.0'PROP. PARKWAY LANDSCAPE6.0'EX. CURB &GUTTER

8.0'EX. R/WPROP.R/W3.0'
OAKS AVE.SECTION D-D
33'22'EX. R/W11'EX. CURB &GUTTEREX. LANDSCAPINGEX. ACPAVEMENT33'222'1.566' PROPOSED RIGHT OF WAY2 5' PROP. SIDEWALK5.0'PROP. PARKWAY LANDSCAPE6.0'EX. CURB &GUTTER

8.0'EX. R/WPROP.R/W3.0'

19.0'
1151037
SBENSON AVE.

PROPERTY LINE

PROPERTY LINE
DANIELS ST.

M M26.0'

33.0'20.9'
S2 33
4 331PROPERTY LINE
THERE WILL BE A SEPARATE STREET PLANPREPARED FOR SIDEWALK, CURB RAMP, ANDCROSSWALK IMPROVEMENT PER INFORMATIONFROM RECORD DRAWING AA-5984. 21'CL TO CURB26.0'
EXISTING AND ULTIMATEPROPERTY/ R.O.W LINE

33.0'CL TOULTIMATEROW7.0'5.0'BENSON AVE.BENSON AVE.

DRAWING NO.REVIEWED BY:CHECKED BY:REVISION NO.DATE:SCALE:DRAWN BY:DESIGNED BY:PROJECT NO.DRAWING TITLE25151104/08/2026 DIRAC BESS13925 BENSON AVE, CHINO, CA 91710CITY OF CHINOwww.coffman.comph 818.698.84486320 Canoga Avenue, Suite 1300Woodland Hills, CA 91367 BYDESCRIPTIONDATENO.REVISIONSPRELIMINARYNOT FOR CONSTRUCTION CUP RESUBMITTAL 04/08/2026CEI PUBLIC IMPROVEMENT PLAN60303015FEETSCALE:01 INCH = 30C8.11" = 30'MWTJKMWTJRA LEGENDPROP. SECURITY FENCE PER ON-SITE IMPROVEMENTSPROP. STORM DRAIN LINE PER ON-SITE IMPROVEMENTSPROP. WATER LINE PER ON-SITE IMPROVEMENTSPROP. SEWER LINE PER ON-SITE IMPROVEMENTSPROP. CMU WALL PER ON-SITE IMPROVEMENTSPROPOSED SIDEWALK PER CITY OF CHINO STD. 230

ABAGGREGATE BASEACASPHALT CONCRETEAUXAUXILIARYBESSBATTERY ENERGY STORAGE SYSTEMBLDGBUILDINGCMUCONCRETE MASONRY UNITCOCLEANOUTCOMMCOMMUNICATIONSDIDROP INLETEELECTRICAL(E) / EXEXISTINGFFFINISH FLOOR ELEVATIONFG FINISHED GRADE

ABBREVIATIONS
MATCHLINE - SEE SHEET C8.2 FOR CONTINUATION

FSFINISHED SURFACEFWFIRE WATER SERVICEGBGRADE BREAKINVINVERT(N) NEWPCSPOWER CONVERSION SYSTEMPPPOWER POLEPROPPROPOSEDROWRIGHT OF WAYSSLOPESCESOUTHERN CALIFORNIA EDISONSDSTORM DRAINSDMHSTORM DRAIN MANHOLE

PROPOSED LANDSCAPING AREA(SEE LANDSCAPE PLANS FOR MORE INFORMATION)

SWRSEWERTELTELEPHONETGTOP OF GRATETITRAFFIC INDEXTYPTYPICALWTRWATERXFMRTRANSFORMER PROPOSED ENHANCED HEAVY-DUTY CONCRETEPAVEMENTSITE KEYNOTESDRIVEWAY SHALL BE CONSTRUCTED PER CITY OF CHINO STD. 250. FORCOMMERCIAL/INDUSTRIAL DRIVEWAYSPROPOSED 6.0'-WIDE PUBLIC SIDEWALK CONSTRUCTED PER CITY OF CHINOSTD. 230PROPOSED CURB RAMP DIRECTIONAL PERPENDICULAR PER NO. 1111PROPOSED PUBLIC STREETLIGHT. FINAL LOCATION TO BE DETERMINED ANDVERIFICATION FOR PROPER LIGHTING UPON FURTHER COORDINATION WITHCITY.1234 1161038

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PROPERTY LINE
OAKS AVE.

M6.0'
3' STREET DEDICATIONULTIMATE PROPERTY LINE
41 22.0'CL TO CURB30.0'CL TO EXROW5.0'

5.0'
3' STREETDEDICATIONULTIMATEPROPERTY LINE
EXISTINGPROPERTY LINE33.0'CL TOULTIMATEROW

13.0'SIDEWALKEASEMENT TOBE PROVIDEDFOR PRIVATEPROPERTY
SEE PUBLICIMPROVEMENTS SOUTHPER SHEET C8.3
DRAWING NO.REVIEWED BY:CHECKED BY:REVISION NO.DATE:SCALE:DRAWN BY:DESIGNED BY:PROJECT NO.DRAWING TITLE25151104/08/2026 DIRAC BESS13925 BENSON AVE, CHINO, CA 91710CITY OF CHINOwww.coffman.comph 818.698.84486320 Canoga Avenue, Suite 1300Woodland Hills, CA 91367 BYDESCRIPTIONDATENO.REVISIONSPRELIMINARYNOT FOR CONSTRUCTION CUP RESUBMITTAL 04/08/2026CEI PUBLIC IMPROVEMENT PLAN60303015FEETSCALE:01 INCH = 30C8.21" = 30'MWTJKMWTJRA MATCHLINE - SEE SHEET C8.3 FOR CONTINUATION

ABAGGREGATE BASEACASPHALT CONCRETEAUXAUXILIARYBESSBATTERY ENERGY STORAGE SYSTEMBLDGBUILDINGCMUCONCRETE MASONRY UNITCOCLEANOUTCOMMCOMMUNICATIONSDIDROP INLETEELECTRICAL(E) / EXEXISTINGFFFINISH FLOOR ELEVATIONFG FINISHED GRADE

ABBREVIATIONSFSFINISHED SURFACEFWFIRE WATER SERVICEGBGRADE BREAKINVINVERT(N) NEWPCSPOWER CONVERSION SYSTEMPPPOWER POLEPROPPROPOSEDROWRIGHT OF WAYSSLOPESCESOUTHERN CALIFORNIA EDISONSDSTORM DRAINSDMHSTORM DRAIN MANHOLE

SWRSEWERTELTELEPHONETGTOP OF GRATETITRAFFIC INDEXTYPTYPICALWTRWATERXFMRTRANSFORMER SITE KEYNOTESDRIVEWAY SHALL BE CONSTRUCTED PER CITY OF CHINOSTD. 250. FOR COMMERCIAL/INDUSTRIAL DRIVEWAYSPROPOSED PUBLIC STREETLIGHT. FINAL LOCATION TO BEDETERMINED AND VERIFICATION FOR PROPER LIGHTINGUPON FURTHER COORDINATION WITH CITY.14 LEGENDPROP. SECURITY FENCE PER ON-SITE IMPROVEMENTSPROP. STORM DRAIN LINE PER ON-SITE IMPROVEMENTSPROP. WATER LINE PER ON-SITE IMPROVEMENTSPROP. SEWER LINE PER ON-SITE IMPROVEMENTSPROP. CMU WALL PER ON-SITE IMPROVEMENTS PROPOSED LANDSCAPING AREA(SEE LANDSCAPE PLANS FOR MORE INFORMATION)PROPOSED ENHANCED HEAVY-DUTY CONCRETEPAVEMENTPROPOSED SIDEWALK PER CITY OF CHINO STD. 230 1171039
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RECORD OWNER:EQUIPMENT VALLEY INVESTMENTS LLCAPN: 1021-211-06-0000 OAKS AVE.FREEDOM CT.

CL
E

5.0'

6.0'8

EXISTINGPROPERTY LINE

EXISTINGPROPERTY LINE

30.0'CL TO EX ROW7
2 SEE PUBLIC IMPROVEMENTSNORTH PER SHEET C8.2
3' STREETDEDICATION TOULTIMATEPROPERTY LINE

ULTIMATE PROPERTY LINE

33.0'CL TO EX ROW
DRAWING NO.REVIEWED BY:CHECKED BY:REVISION NO.DATE:SCALE:DRAWN BY:DESIGNED BY:PROJECT NO.DRAWING TITLE25151104/08/2026 DIRAC BESS13925 BENSON AVE, CHINO, CA 91710CITY OF CHINOwww.coffman.comph 818.698.84486320 Canoga Avenue, Suite 1300Woodland Hills, CA 91367 BYDESCRIPTIONDATENO.REVISIONSPRELIMINARYNOT FOR CONSTRUCTION CUP RESUBMITTAL 04/08/2026CEI

PUBLIC IMPROVEMENT PLAN
2010105FEETSCALE:01 INCH = 10
C8.31" = 10'MWTJKMWTJRA

ABAGGREGATE BASEACASPHALT CONCRETEAUXAUXILIARYBESSBATTERY ENERGY STORAGE SYSTEMBLDGBUILDINGCMUCONCRETE MASONRY UNITCOCLEANOUTCOMMCOMMUNICATIONSDIDROP INLETEELECTRICAL(E) / EXEXISTINGFFFINISH FLOOR ELEVATIONFG FINISHED GRADEFSFINISHED SURFACEFWFIRE WATER SERVICEGBGRADE BREAKINVINVERT (N)NEWPCSPOWER CONVERSION SYSTEMPPPOWER POLEPROPPROPOSEDROWRIGHT OF WAYSSLOPESCESOUTHERN CALIFORNIA EDISONSDSTORM DRAINSDMHSTORM DRAIN MANHOLESWRSEWERTELTELEPHONETGTOP OF GRATETITRAFFIC INDEXTYPTYPICALWTRWATERXFMRTRANSFORMER

ABBREVIATIONS
SITE KEYNOTESPROPOSED 6.0'-WIDE PUBLIC SIDEWALK CONSTRUCTEDPER CITY OF CHINO STD. 230TRENCH BACKFILL & ROADWAY REPAIR PER CITY OFCHINO STD.109 ACONNECT TO EXISTING SIDEWALK278 LEGENDPROP. SECURITY FENCE PER ON-SITE IMPROVEMENTSPROP. STORM DRAIN LINE PER ON-SITE IMPROVEMENTSPROP. WATER LINE PER ON-SITE IMPROVEMENTSPROP. SEWER LINE PER ON-SITE IMPROVEMENTSPROP. CMU WALL PER ON-SITE IMPROVEMENTSPROPOSED LANDSCAPING AREA(SEE LANDSCAPE PLANS FOR MORE INFORMATION)PROPOSED ENHANCED HEAVY-DUTY CONCRETEPAVEMENTPROPOSED SIDEWALK PER CITY OF CHINO STD. 230 OAKS AVE.SECTION D-D PROPOSED
33'22'EX. R/W11'EX. CURB &GUTTEREX. LANDSCAPINGEX. ACPAVEMENT33'2%22'1.5%66' PROPOSED RIGHT OF WAY2% 5' PROP. SIDEWALK5.0'PROP. PARKWAY LANDSCAPE6.0'EX. CURB &GUTTER8.0'EX. R/WPROP.R/W3.0' D D
OAKS AVE.SECTION D-D EXISTING
30'22'EX. R/W8' EX. CURB &GUTTEREX. LANDSCAPINGEX. ACPAVEMENT30'2%22'1.5%60' EXISTING RIGHT OF WAY2% EX. PARKWAY LANDSCAPEEX. CURB &GUTTER

8.0'EX. R/W
1181040
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OAKS AVE.FREEDOM CT.
6'EXISTING SCE EASEMENTTO BE VACATEDBOOK 7750,PAGE 372, O.R.

BENSON AVE.

OAKS AVE.CL
CL
CL
CL
DANIELS ST.

RECORD OWNER:REXFORD INDUSTRIAL13925 BENSON LLCAPN: 1021-211-02-6000 RECORD OWNER:SOUTHERN CALIFORNIA EDISON COMPANYAPN: 1021-211-01-0000 45It Bus Design VeKiFle45It Bus Design VeKiFle
45It Bus Design VeKiFle8.5'45.0'
DRAWING NO.REVIEWED BY:CHECKED BY:REVISION NO.DATE:SCALE:DRAWN BY:DESIGNED BY:PROJECT NO.DRAWING TITLE25151104/08/2026 DIRAC BESS13925 BENSON AVE, CHINO, CA 91710CITY OF CHINOwww.coffman.comph 818.698.84486320 Canoga Avenue, Suite 1300Woodland Hills, CA 91367 BYDESCRIPTIONDATENO.REVISIONSPRELIMINARYNOT FOR CONSTRUCTION CUP RESUBMITTAL 04/08/2026CEI TRUCK TURN EXHIBIT100505025FEETSCALE:01 INCH = 501" = 60'ZAKBC9.0 FIRE TRUCK NOTES-8.5' X 45' TRUCK
30°60°90°
120°
150°180°

44.051ItMin Radius
OuteU WKeel

25.035ItMin Radius
InneU WKeel

48.208ItMin Radius
OuteU Bod\

24.552It
Ma[ KiFNout 0.965ItVeKiFle TUaFNing V25.00.2775
20240226

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AutodesN, InF. ZZZ.AutodesN.FoPTitle:45It Bus Design VeKiFleNotes:TuUn s
Eased uSon a design sSeed oI 5.00PSK.
1191041
BENSON AVE.

OAKS AVE.

BENSON AVE.

OAKS AVE.

NORTH60'120'0
EMERGENCY RESPONSE PLAN IS FOR THE BESS YARD ONLY. THEFOLLOWING IS A HIGH-LEVEL OVERVIEW OF THE RESPONSE PLAN. REFER TO THE EMERGENCY RESPONSE PLAN REPORT LOCATEDWITHIN THE FCC NEMA ENCLOSURE FOR COMPLETE PROCEDURES.ADDRESS:13925 BENSON AVE., 13822 OAKS AVE. & 13910OAKS AVE. CHINO, CA 91710PARCEL:APN: 1021-211-02-6000, 1021-121-05-0000, &1021-211-05-0000ZONING:CURRENTLY, M-2 (GENERAL INDUSTRIAL)DEVELOPMENTDISTURBED AREA:7.7 ACRES (BESS YARD) PROJECT INFORMATIONSITE1.FIRE ACCESS: 26 FOOT MINIMUM ACCESS ROAD WIDTH WITH13.5 FEET VERTICAL CLEARANCE HEIGHT.2.TURNING RADIUS OF 28 FEET INSIDE AND 54 FEET OUTSIDE.3.ACCESS ROAD SURFACE IS CAPABLE OF SUPPORTING FIRETRUCKS/ EQUIPMENT WEIGHING UP TO 75,000 POUNDS.4.ACCESS ROAD IS LOCATED TO ALLOW FOR 150 FT HOSE PULLDISTANCES TO ALL EXTERIOR PORTIONS OF THE BESSENCLOSURES.5.FIRE HYDRANT SPACING LENGTH SHALL NOT EXCEED 600FEET FOR GROUP U OCCUPANCIES6.MANUAL PULLSTATIONS WILL BE MOUNTED WITHIN THE FCCNEMA 4 ENCLOSURE.7.FCC WHICH CONTAINS THE FIRE ALARM CONTROL PANEL(FACP) IS LOCATED AT LEAST 75FT AWAY FROM NEARESTBESS ENCLOSURE.8.ENCLOSURE CABINETS ARE UNOCCUPIABLE. DO NOT OPEN INAN EMERGENCY EVENT.BATTERY ENCLOSURE1.EACH ESS ENCLOSURE WILL HAVE THE FOLLOWING:·(1) FACP·(3) SMOKE DETECTORS·(2) HEAT DETECTORS·(1) GAS DETECTOR·PASSIVE OVERPRESSURE RELIEF VENTS - PER NFPA 68·EXPLOSION PREVENTION EXHAUST SYSTEM - PER NFPA 692.EACH ESS ENCLOSURE WILL NOT HAVE THE FOLLOWING (PERUL9540A TESTING):·DRY CHEMICAL FIRE SUPPRESSION·CLEAN AGENT (NOVEC 1230 OR FM-200) FIRE SUPPRESSION·INTERIOR FIRE SPRINKLER OR FIRE SUPPRESSION SYSTEM

FIRE PROTECTION NOTES
LEGEND
GENERAL EMERGENCY911CANYON RIDGE HOSPITALMEDICAL HEALTH CLINIC(909) 590-3700AYPA REMOTE OPERATION CONTROL CENTER(713) 320-0896EMERGENCY CONTACTSBATTERY ENCLOSURE INFORMATIONBATTERY SYSTEM: SUNGROW (LI-ION BATTERIES)MODEL: POWERTITAN 2.0NOMINAL BATTERY CAPACITY PER ENCLOSURE:5015 kWhBATTERY INCLUDING AUGMENTATION (QTY):684MV TRANSFORMER (QTY):86 FIRE HYDRANT SPACINGPROPERTY LINEFENCE10 FOOT HIGH CMU WALL

ENERGY STORAGE SYSTEM (ESS)ENCLOSUREMEDIUM VOLTAGE TRANSFORMER(MVT)LANDSCAPING AREA(SEE LANDSCAPE PLANS FOR MOREINFORMATION) CFC § 1207.4.8 & NFPA 855 § 4.7.4.2 BATTERY ENCLOSURESIGNAGE PROVIDED AT EACH SITE ENTRANCE OPEN TO THEBESS YARD - PER ANSI Z535 STANDARDS:HAZARDOUS MATERIAL SIGNAGE 10'20'0

PROPOSED FIRE HYDRANTFIRE DEPARTMENTSTAGING AREAFIRE COMMAND CENTER (FCC)

BATTERYENCLOSUREPCS

EXISTING FIRE HYDRANT

FIRE DEPARTMENTSTAGING AREA
15'-0"

FIRE ACCESS BOX FOR KEYED ENTRYKEY
ENERGY STORAGESYSTEMSLITHIUM ION BATTERYBATTERY ENERGIZEDELECTRICAL CIRCUITSSCE EMERGENCY CENTER(800) 611-1911 2'-0"1'-6"1½" TEXT SIZE1" TEXT SIZEALUMINUM SIGN WITHUV RESISTANT PRINTPROTECTION

O&M BUILDING
6'-634" 6'-634"
6"
SCALE: 1" = 60'-0"OVERALL BESS YARD SITE MAP1
SCALE: 1' = 10'-0"TYPICAL BATTERY ROW SPACING2
FCC
6'-634" BATTERYAUGMENTATION
6"
5'-7"
545 FT584 FT
402 FT455 FT
538 FT
277 FT431 FT
KEY
KEY
FCC
26'-0"
26'-0"26'-0" 26'-0"
26'-0"
26'-0"
26'-0"
26'-0"
34'-8"PROPERTY EASEMENT

SUBSTATION AREAESS YARD AREASHADED ESS GROUPS REPRESENTFUTURE AUGMENTATION(TYPICAL)

ACCESS DRIVE SURFACING
XXXX
123'-512"MAX HOSE PULLTO CENTER
381 FT
SIGNAGE PROVIDED AT EACH FIRE ACCESS GATE ENTRANCE TO THE SITE.SIGNAGE SHALL BE ELECTRICALLY ILLUMINATED (BY 12-VOLT POWER SOURCEONLY) BY INTERNAL MEANS DURING THE HOURS OF DARKNESS:13822OAKS AVECHINO, CA 91710ADDRESS NUMBERSHALL BE 8" HIGHWITH A 1" STROKE R28'-0"R28'-0"
R28'-0"R28'-0"
R28'-0"R54'-0"
R28'-0"
R28'-0"
R28'-0" R28'-0"R28'-0"
R28'-0"R54'-0"R28'-0"R28'-0"R54'-0"R28'-0"
R28'-0"R54'-0"R28'-0"R28'-0"
R28'-0"
R28'-0"
R28'-0"R54'-0"
5'-7"9'-11"
26'-0"
503 FT
R28'-0"
26'-0"
26'-0"
26'-0"
241 FT
DRAWING NO.REVIEWED BY:CHECKED BY:REVISION NO.DATE:SCALE:DRAWN BY:DESIGNED BY:PROJECT NO.DRAWING TITLE25151104/08/2026 DIRAC BESS13925 BENSON AVE, CHINO, CA 91710CITY OF CHINOwww.coffman.comph 818.698.84486320 Canoga Avenue, Suite 1300Woodland Hills, CA 91367 BYDESCRIPTIONDATENO.REVISIONSPRELIMINARYNOT FOR CONSTRUCTION CUP RESUBMITTAL 04/08/2026CEI

FMPFIRE MASTER PLANAS NOTEDJARJARMSGMSG
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Date: 5/6/2026 User: shanson-mckenzie Path: Z:\Projects\j1565700\j1565718 - Dirac\MAPDOC\Section 15183 Exemption\Dirac.aprx Map: Landscape Plan Overview Layout: Figure 3-5 Landscape Plan Overview SOURCE: AYPA 2026
Dirac BESS Project
Landscape Plan Overview
FIGURE 3-5
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Date: 5/6/2026 User: shanson-mckenzie Path: Z:\Projects\j1565700\j1565718 - Dirac\MAPDOC\Section 15183 Exemption\Dirac.aprx Map: Landscape Plan - Benson Avenue Layout: Figure 3-6 Landscape Plan - Benson Avenue SOURCE: AYPA 2026
Dirac BESS Project
Landscape Plan - Benson Avenue
FIGURE 3-6
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Date: 5/6/2026 User: shanson-mckenzie Path: Z:\Projects\j1565700\j1565718 - Dirac\MAPDOC\Section 15183 Exemption\Dirac.aprx Map: Landscape Plan - Oaks Avenue Layout: Figure 3-7 Landscape Plan - Oaks Avenue SOURCE: AYPA 2026
Dirac BESS Project
Landscape Plan - Oaks Avenue
FIGURE 3-7

EXISTING HOLLY OAK TREE TO REMAIN
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BROKERAGE SERVICES
21660 E. Copley Drive, #350
Diamond Bar, CA 91765
P 909-612-9900
F 909-612-9492
Lic No. 00970525
August 3, 2026
Honorab
le Mayor Ulloa and
Members of the Chino City Council
Chino City Council
City of Chino
13220 Central Avenue
Chino, CA 91710
RE: Dira
c Battery Energy Storage System (BESS) Project
Dear H
onorable Mayor Ulloa and Members of the Chino City Council:

I am wr
iting to express my strong support for the proposed Dirac Battery Energy Storage System (BESS) project in the City of Chino.

For m
ore than 40 years, I have represented manufacturing, logistics, distribution, and industrial clients throughout Southern California. During that time, I have witnessed firsthand how access to reliable electrical infrastructure has become one of the most critical factors influencing business expansion, investment, and job creation.

In our efforts to bring more economic growth to the region for high-load-demand industrial users, we are frequently constrained by limitations in the available power supply. Companies looking to expand or relocate often require significant electrical capacity, and delays or shortages in power availability can prevent valuable projects from moving forward.

We sup
port the Dirac BESS project to ensure grid reliability throughout the region while also helping facilitate load growth for current and future economic activity. As our economy continues to evolve, investments in energy infrastructure are essential to maintaining the Inland Empire’s competitiveness.

Battery E
nergy Storage Systems are fast becoming a critical component of a modern electric grid. They store electricity when demand is low or renewable generation is abundant and deliver that energy back to the grid when demand is highest. This 1072
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September 4, 2026

Honorable Mayor Eunice Ulloa and Members of the City Council City of Chino
13220 Central Avenue
Chino, CA 91710

RE: September 15 Appeal Hearing, Dirac Energy Storage Project; Letter in Support

Dear Mayor Ulloa and Councilmembers:

I write to urge the Council to grant the appeal and approve the Dirac Energy Storage Project.

Climate Resolve works across Southern California on extreme heat and its consequences for human health. We write to Chino because heat and air pollution do not respect city boundaries. I spent thirteen years directing the Los Angeles office of Physicians for Social Responsibility and five years as a commissioner of the Los Angeles Department of Water and Power.

Heat is the deadliest hazard your residents face, killing more Americans in a typical year than floods or wind. The County’s own Climate Change and Health Profile, prepared with the state health department, found valley residents saw about seven days a year above 102 degrees around 1990. By mid-century, closer to thirty-five. Yet every heat plan written in California, including the cooling centers your own staff will open next summer, quietly assumes the power stays on. In Chino, air conditioning is not a comfort item. It is the primary medical intervention against the hazard most likely to kill your residents, and it fails the moment the grid does.

Demand peaks after six in the evening, when solar output falls away and houses are still trying to cool.

That evening gap is the specific problem this project addresses.

Air quality compounds it. San Bernardino County ranks first in the nation for ozone in the American Lung Association’s 2026 State of the Air, as it has in twenty-six of that report’s twenty-seven years. Two things drive it: diesel traffic from the freight corridors, and heat itself, because ozone forms faster as temperatures climb. Your worst air days and your most dangerous heat days are the same days. Weigh this application, too, against what this parcel otherwise becomes. Land zoned and served like this becomes another warehouse, which here means more diesel trips through Chino, permanently. A battery facility is essentially unstaffed and generates almost no daily traffic. On public health grounds that comparison is not close.

On cost I will make a narrower claim than you may expect. I am not going to tell you this project lowers anyone’s utility bill; no single project does that, and you should be skeptical of anyone who says otherwise. But outages are most expensive for the households least able to absorb them. Spoiled groceries, insulin that needed refrigeration, a missed shift, a motel room on a 105-degree night. Those costs land on families already spending the most of their income keeping a house cool.

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1 August 4, 2026

Honorable Eunice Ulloa
Mayor, City of Chino
13220 Central Avenue
Chino, CA 91710

RE: Battery Energy Storage Projects

Dear Mayor Ulloa:

The California Governor's Office of Business and Economic Development (GO-Biz) serves as the state’s leader for job growth, economic development, and business assistance efforts. A key pillar of this mission is advancing the state’s transition to a carbon neutral economy by 2045 and achieving clean energy and electrical grid reliability targets set out in SB 100 Report.
1 Battery energy storage systems (BESS) are essential not only for meeting the state’s ambitious climate goals, but also for keeping the electrical grid reliable during periods of high energy demand. By capturing excess energy from renewables such as solar during the day and storing it for use in the evening when it is needed the most, utility- scale BESS projects have become vital in avoiding blackouts and keeping the lights on.

Since 2020, the state has brought on nearly 250 battery storage projects totaling about 17,000 megawatts (MWs).
2 Roughly 20,000 MWs of clean energy are expected to be added to grid over the next several years, and battery storage accounting for close to 10,000 MWs of the total.3

California has taken steps to ensure that modern BESS facilities support grid reliability while protecting facility personnel, first responders, neighboring communities, and the environment. The California Fire Code, CPUC General Order 167-C, and legislation such as SB 283, SB 38 and SB1383 establish requirements governing facility design, equipment certification, emergency-response planning, operation and maintenance, record- keeping, inspections, incident investigations, and corrective action.

In light of emerging energy storage technologies and the importance of maintaining rigorous safety standards for these facilities, Governor Gavin Newsom convened the State Battery Storage Collaborative
4 to examine BESS technology types, safety
considerations, and pathways for increased collaboration between the state, local permitting authorities, first responders, industry, and communities. To further support

1 https://www.energy.ca.gov/sb100
2 resource-tracking-data-june-2026-release.pdf, p4
3 resource-tracking-data-june-2026-release.pdf, p15
4 https://business.ca.gov/industries/climate-and-clean-energy/state-battery-storage-safety-collaborative/ 1079
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August 26, 2026
Honorable Mayor Ulloa and Members of the Chino City Council City of Chino
13220 Central Avenue
Chino, CA 91710
RE: Support for the Dirac Battery Energy Storage System (BESS) Project My name is Tiffany Truc, and I am a Chino resident. I am writing to express my support for the proposed Dirac Battery Energy Storage System (BESS) project.

Anyone who has lived in this area through the hot summer months knows how much pressure can be placed on the power grid. From the information provided to me, I understand that this project would store electricity and make additional power available during periods of high demand, particularly during the late afternoon and evening hours.

I also understand that the proposed project would be located on industrial land near an existing substation and surrounded by other industrial uses. Based on the information provided to me, I believe this is an appropriate location for this type of project.

I appreciate Aypa Power's willingness to communicate about the project and address community concerns, including safety and the potential impact on the surrounding area. I hope the City will carefully review these matters as part of its consideration of the project.

Based on the information currently available to me, I support the Dirac BESS project and respectfully ask the City Council to consider approving the project.

Thank you for your time and for your service to the City of Chino.

Sincerely,
Tiffany Truc
Chino, California

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11620 Wilshire Boulevard, 10th Floor
Los Angeles, California 90025
P 310.966.1680 | F 310.966.1690
www.rexfordindustrial.com
September 10, 2026

Honorable Mayor Ulloa and
Members of the Chino City Council
City of Chino
13220 Central Avenue
Chino, CA 91710

RE: Support for the Dirac Battery Energy Storage System (BESS) Project

Dear Honorable Mayor Ulloa and Members of the City Council:

On behalf of Rexford Industrial Realty, Inc. ("Rexford"), I am writing in support of the proposed Dirac Battery Energy Storage System (BESS) project in the City of Chino.

As one of the largest owners and operators of industrial real estate in Southern California, Rexford has invested extensively in facilities that support manufacturing, logistics, distribution, and other industrial uses throughout the region. Through our experience developing and operating industrial properties, we have seen how access to dependable electrical infrastructure has become increasingly important to both existing businesses and future investment.

The demands placed on the electrical grid continue to increase as industrial users modernize their operations, adopt new technologies, electrify equipment, and pursue more sustainable business practices. At the same time, many companies seeking to expand face challenges associated with power availability and long utility implementation timelines. These constraints can aƯect operational decision-making, capital investment, and overall business growth.

Projects that improve grid flexibility and reliability are an important part of addressing these challenges. Battery energy storage facilities help maximize the eƯectiveness of existing infrastructure by storing energy when it is available and supplying it when demand is greatest. In doing so, they can strengthen grid performance, improve resilience during 
 
 

 

 
 
 

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From: Samantha Ton
Sent: Wednesday, September 9, 2026 9:37 AM
To: Administration <[email protected]>
Subject: [EXT EMAIL] Aypa Power to build and operate a 400 megawatt battery storage facility To whom it may concern,
I am a resident of chino and I been hearing news about this The Chino City Council will decide whether or not to allow Aypa Power to build and operate a 400 megawatt battery storage facility near homes, schools, and Ayala Park.

I for one do not want any data center or power battery build in my neighborhood. Why was the resident not told this earlier to prep and it should be us who should vote yes or no on it not the city councils.

I am voicing my concern and will call your office to address this to everyone in the city council if needed. We have the right in chino as resident to decide not to have this. 1096
01225.0005/813665.1
RESOLUTION NO. 2026-061

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, GRANTING DIRAC BESS LLC’S APPEAL AND APPROVING PL25-0085 (SPECIAL CONDITIONAL USE PERMIT) AND PL25-0086 (SITE APPROVAL) TO CONSTRUCT AND OPERATE A 400 -MEGAWATT (MW) BATTERY ENERGY STORAGE SYSTEM (BESS) FACILITY ON A 13.89 - ACRE PROPERTY IN THE GENERAL INDUSTRIAL (M2) ZONING DISTRICT LOCATED AT 13925 BENSON AVENUE, 13822 OAKS AVENUE AND 13910 OAKS AVENUE (APNS: 1021-121-05, 1021-211-02 AND 1021-211-05).

WHEREAS, Dirac Project LLC (the “Applicant”), has filed an application with the City of Chino (the “City”) for approval of PL25 -0085 (Special Conditional Use Permit) and PL25 -0086 (Site Approval) (the “Project”) to construct and operate a 400 -megawatt (MW) battery energy storage system (BESS) facility on a 13.89 -acre property in the General Industrial (M2) zoning district located at 13925 Benson Avenue, 13822 Oaks Avenue and 13910 Oaks Avenue (APNs:
1021-121-05, 1021-211-02 and 1021-211-05); and

WHEREAS, in compli ance with the California Environmental Quality Act (CEQA), the Project has been determined to be within the scope of the previously certified 2045 General Plan Update Environmental Impact Report (EIR) (State Clearinghouse No. 202409083), adopted on September 2, 2025. The EIR adequately describes the environmental effects of the proposed Project for the purposes of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15183. The proposed Project is consistent with the land use designation and applicable policies established by the City’s General Plan and underlying zoning, all of which were evaluated in the certified EIR. The Project is also subject to uniformly applicable development policies and mitigation measures identified in the 2045 General Plan Update EIR, which would reduce potential impacts to less than significant levels. Accordingly, pursuant to CEQA Guidelines Section 15183, no additional environmental review is required; and

WHEREAS, on July 15, 2026, the Planning Commission held a duly noticed public hearing for the Project in compliance with law, and, after entertaining the written and oral report of staff, and taking public testimony, denied the Project; and

WHEREAS, applicant filed a timely appeal; and

WHEREAS, on September 15, 2026, the City Council held a duly noticed public hearing to consider applicant’s appeal.

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

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

B. Based on substantial evidence, both written and oral, from the public hearing, the City Council makes the following findings and takes the following actions on the appeal and on PL25- 0085 (Special Conditional Use Permit) and PL25-0086 (Site Approval):

1. PL25-0086 (Site Approval)

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RESOLUTION NO. 2026-061