Chino City Council
September 15, 2026

01225.0005/813665.1
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 ser vices 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 maintaining a stable and resilient energy supply;

b. The proposed Project is permitted within the zoning district in which it is proposed and complies with all applicable provisions of the City’s Zoning Code. The Project site is 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 suitable, including, but not limited to, parcel size, shape, access and availability of utilities, for the type and intensity of use proposed, as all minimum zoning requirements governing parcel size, shape, ac cess, 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 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;

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, 1098
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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 City Council 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;

g. The proposed Project will not have a significant adverse impact on 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 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 pr oposed 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

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 City Council. In addition, certain safeguards have been required of the proposed Project, which the City Council 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 period 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 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 industrial uses and provide sufficient capacity for the limited traffic generated from t he Project. The Project will be served by existing and planned utility infrastructure necessary to support is operation, including electrical interconnection with the regional grid;
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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 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;

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 proposed 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 i ncorporates 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 City Council 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 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 th e 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 establis hed 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 w elfare have been required of the proposed Project and have been imposed as conditions of Project approval by the Chino City Council. In addition, 1100
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certain safeguards have been required of the proposed use, which the City Council 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 with 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 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 lan d 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 mitigat ion 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.

4. Grant of appeal and approval of PL25-0085 (Special Conditional Use Permit) and PL25- 0086 (Site Approval). The City Council hereby grants applicant’s appeal and 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 assigns, shall be responsible for implementing and complying with all conditions set forth in Exhibit “A”.

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

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

MAYOR

ATTEST:

CITY CLERK

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RESOLUTION NO. 2026-061

01225.0005/813665.1

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

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

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

CITY CLERK

Attachment: Exhibit “A” – Conditions of Approval
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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

1103
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 approved 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 Commission 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.
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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 applicant defend such action. The applicant may utilize the City Attorney’s office or use legal counsel of its choosing but shall reimburse the City for any necessary legal cost incurred by City, including for the City’s required participation in defense of the claims. 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 costs 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.

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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 form of a check made payable to the San Bernardino County Clerk of the Board of Supervisors within 5 days of Planning Commission approval. Project approval shall not be complete until the required fee(s) is (are) paid:

[X] $50 for the Notice of 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 fees, 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 impact 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 1106

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 submitted for review and approval by the Director of Development Services. A grading permit will not be issued until the City’s outside plan checker has completed one review of detailed landscape and irrigation plans for the development. Payment of the Landscape & Irrigation Plan Review Fee shall be due at the time of submittal. Plans shall be prepared to comply with the City’s Water Efficient Landscape Ordinance, adopted on October 6, 2015, Ordinance No. 2015-008, meet the requirements for a Landscape Documentation Package in accordance with Section 20.19.030 of the Landscape Ordinance, and shall bear the seal of a landscape architect registered with the state of California. If the site includes areas proposed to be placed within a City -maintained Landscape Maintenance District, then the plans shall be prepared on City of Chino, Engineering Division base sheets, and shall bear the seal of a landscape architect registered with the state of California. Original mylars shall be submitted to the City upon approval of plans by the City Engineer.

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

3.8. Approval of the conceptual landscape plan by the Planning Commission does not constitute final approval. The final landscape approval (during the plan check process and/or following installation) shall be subject to the review and approval of the City’s Landscape Architect Consultant and the Director of Development Services. The City Landscape Architect or Director of Development Services may require additional/fewer trees, shrubs, vines, and ground cover as necessary, based on final site 1107

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 such as SCE transformers , backflow prevention devices , irrigation valves and controllers used for common landscape areas shall be placed in areas out of public view and sufficiently screened. The location and method of screening shall be reflected in a plan and shall be subject to the review and 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 shall be completely screened. All electrical panels and cabinets shall be fully enclosed and integrated into and architecturally compatible with the building to the satisfaction of the Director of Development Services. The locations of the electrical panels and cabinets shall be reflected on a site plan and elevation(s) to be reviewed and approved by the Director of Development Services. 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 submitted and approved by the Director of Development Services. Plans shall be designed pursuant to Chino Municipal Code Section 20.10.090 (Outdoor Lighting) and shall identify fixture design, illumination (photometric), location, height and method of shielding, so as not to adversely affect adjacent properties.

3.13. Upon submittal of construction drawings to the Building Division for plan check review, all departmental conditions of approval for the project shall be included on the sheet following the title sheet, or the first sheet of the plans. A site plan shall also be attached to all sets of construction 1108

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

3.15. A Water Quality Management Plan shall be prepared in accordance with County of San Bernardino requirements and submitted and 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 irrigation shall be installed in accordance with the approved Planning Commission plans on file with the Development Services Department, and irrigation systems fully operational. In addition, all hardscaped and landscaped areas shall be free of trash and debris.

5.4. A licensed landscape architect or contractor, or other licensed certified professional in a related field shall conduct a final field inspection and shall 1109

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

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

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

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

5.8. Special Conditions:

5.8.1. The applicant shall install and maintain a continuous, real -time monoxide (CO) detection and m onitoring system for the project, consistent with NFPA 855 (2023 Edition). At a minimum the s ystem shall:
• Include a CO monitor within each BESS con tainer, with additional monitors placed at strategic points along the site ’s perimeter wall.
• Be integrated with the facility ’s fire detection system and Emergency Response Plan (ERP) so that a threshold
exceedance triggers automatic no tification to the remote monitoring center, the Chino Valley Fire District , and Project on-call personnel.
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DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION

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

• Log all al arm/exceedance events, with records available to the City and Fire Department upon request.
• Be calibrated and maintained per manufacturer
specifications, with maintenance records retained on-site.

5.8.2. The Project shall utilize lithium iron ph osphate (LF P) battery chemistry for the initial system de ployment. Any future augmentation of the s ystem utilizing an alter native battery chemistry, not to exceed the Project’s permitted en ergy storage capacity, shall require prior written approval from the Chino Valley Fire District. Prior to approval, the applicant/operator shall provide the Chino Valley Fire District with independent third-party safety testing data and technical analysis sufficient to evaluate the safety profile of the proposed alter native battery chem istry. Approval of any alternative battery chemistry shall be subject to the Chino Valley Fire District ’s determination that the proposed chem istry provides an acceptable safety profile.

6.0 ENVIRONMENTAL REQUIREMENTS & MITIGATION MEASURES:

6.1. Comply with all mitigation measures identified in the Mitigation Monitoring Program contained within the technical study 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 extension of time to complete the demolition, based on evidence that the applicant has exercised reasonable progress. Approval of this application shall be deemed null and void upon failure of the applicant to comply with this condition within the aforementioned time periods.

7.2. The project 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.
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DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION

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

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 materials 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 position. The gates should also be equipped with rod locks and corresponding rod holes in both the open and closed gate positions. Bins containing recyclable materials shall be provided protection from adverse environmental conditions that might render the collection materials
unmarketable.

7.6.3. 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 of the Chino Municipal Code, demonstrate consistency with the Chino Climate Action Plan by implementing one of the following three options:

a) Exceed the mandatory California Energy Code Title 24, Part 6 standards in effect at the time of application submittal by 5%; or 1112

DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION

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

b) Achieve an equivalent reduction through voluntary measures in the California Green Building Standards Code, Title 24, Part 11 (CALGreen) in effect at the time of application submittal; or
c) Provide other equivalent greenhouse gas (GHG) reductions through measures including but not limited to, non -vehicle transportation infrastructure, transit, ZEV (zero emission vehicle) infrastructure or other incentives, waste diversion, water conservation, tree planting, renewable energy option packages, or any combination of these or other measures such that GHG emissions are reduced by 0.74 MT CO2e per residential dwelling unit per year and/or per TSF of commercial/industrial use per year.

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

8.0 CONSTRUCTION SITE SECURITY:

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

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

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

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

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

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

1113

DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION

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

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

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

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

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

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

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

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

9.0 THE APPROVED 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.
1114

DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION

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

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

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

9.4. The operation shall not discharge, at any point, into any public or private street, public sewer, storm drain, private stream, body of water, or into the ground, any material which can contaminate any water supply, interfere with bacteriological processes in sewer 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 activity shall emit heat or cold that would cause a temperature increase or decrease on any adjacent parcel in excess of 100F (5.560C).

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

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

9.7. No operation or activity shall be permitted to cause a steady state, 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 1115

DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION

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

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
1116

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
1117

• 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
1118

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
1119

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) (Gabrieleño Band of Mission Indians – Kizh Nation, Yuhaaviatam of San Manuel Nation, Juaneño Band of Mission Indians - Acjachemen Nation, and Morongo Band of Mission Indians), 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 ground surface (bgs), within the Project site based on construction plans and/or geotechnical reports; and outline procedures for adequate paleontological During construction
activities
Qualified
paleontologist
City of Chino
1120

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 reduction measures shall include building noise-attenuating walls, limiting the hours of operation, or other attenuation measures. Additionally, future site-specific Completed during
Section 15183
review

N/A N/A
1121

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-1
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 required cultural resources training, monitoring coordination, evaluation, and tre atment of archaeological resources and/or Tribal Cultural Resources that may be encountered during Project implementation.

Prior to issuance of
grading permits
Applicant/Construction
Contractor
City of Chino
1122

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 Tribe(s) (Gabrieleño Band of Mission Indians – Kizh Nation, Yuhaaviatam of San Manuel 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, proc edures for final 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, unless otherwise determined necessary through consultation with the C ity, 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 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 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 (Gabrieleño
Band of Mission
Indians – Kizh Nation,
Yuhaaviatam of San
Manuel Nation,
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 (Gabrieleño Band of Mission Indians – Kizh Nation, Yuhaaviatam of San Manuel 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 and 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 Tribe(s) (Gabrieleño Band of Mission Indians – Kizh Nation, Yuhaaviatam of San Manuel 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 a consulting Tribe(s) elects to place a monitor on-site, a monitor representing the consulting Tribe(s) 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
(Gabrieleño Band of
Mission Indians – Kizh
Nation, Yuhaaviatam
of San Manuel Nation,
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 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) During ground-
disturbing activities
Applicant, City of
Chino, and consulting
Tribes (Gabrieleño
Band of Mission
Indians – Kizh Nation,
Yuhaaviatam of San
City of Chino
1123

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.

Manuel Nation,
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
(Gabrieleño Band of
Mission Indians – Kizh
Nation, Yuhaaviatam
of San Manuel Nation,
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 (Gabrieleño
Band of Mission
Indians – Kizh Nation,
Yuhaaviatam of San
Manuel Nation,
Juaneño Band of
Mission Indians -
Acjachemen Nation,
and Morongo Band of
Mission Indians)
City of Chino

1124

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.

1125

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.
1126

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.

1127

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 1128

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.

1129

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
1130

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

1131
Special Districts Leadership Foundation - District of Distinction Since 2008

September 3, 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 shall not exceed twelve percent (12%) maximum. An approved turn around shall be provided at the end of each roadway in excess of 150 feet in length.

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
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Special Districts Leadership Foundation - District of Distinction Since 2008

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

1.3 Water systems shall be designed to meet the required fire flow of this development and be approved by the Community Risk Reduction Division.

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.

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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.)

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Special Districts Leadership Foundation - District of Distinction Since 2008

4.0 SPECIAL CONDITIONS:

4.1 Continuous Carbon Monoxide Detection & Air Monitoring System

Prior to issuance of a Certificate of Occupancy, the applicant shall install and maintain a continuous, real -time carbon monoxide (CO) detection and monitoring system for the project, consistent with NFPA 855 (2023 Edition). At minimum, the system shall:

• Include a CO monitor within each BESS container, with additional monitors placed at strategic points along the site’s perimeter wall
• Be integrated with the facility’s fire detection system and Emergency Response Plan (ERP) so that a threshold exceedance triggers automatic notification to the remote monitoring center, the Fire Department, and Project on-call personnel • Log all alarm/exceedance events, with records available to the City and Fire Department upon request
• Be calibrated and maintained per manufacturer specifications, with maintenance records retained on-site

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.

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

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Special Districts Leadership Foundation - District of Distinction Since 2008

4.2 Fire Department Training and NFPA 855 Compliance

The Project shall fund and arrange annual third-party expert training for the Chino Valley Fire Department personnel to maintain proficiency in emergency response procedures for battery energy storage systems. Training content will align with applicable re quirements of NFPA 855 (Standard for the Installation and Maintenance of Stationary Battery Energy Storage Systems). Training shall be provided at Project expense and coordinated with the Fire Department prior to the start of operations, annually thereafte r, and whenever else requested by the Fire Department.

4.3 Battery Chemistry

The Project proposes lithium iron phosphate (LFP) battery chemistry for the initial system deployment. Should the Project seek to augment the system with alternative battery chemistry (not to exceed permitted storage capacity), any alternative chemistry sh all require prior written approval from the Chino Valley Fire Department. The Fire Department's approval shall be based on their assessment of the safety profile of the proposed alternative chemistry. The Project shall provide the Fire Department with independent third-party safety testing data and technical analysis to support their review.

4.4 Emergency Response Plan Coordination and Distribution

The Project shall prepare and maintain an Emergency Response Plan (ERP) for battery energy storage system operations and emergencies. The Project shall provide copies of the ERP and related reference materials (including emergency response cheat sheet) to the Chino Valley Fire Department and Chino Police Department prior to system operations.

The Project shall coordinate with both agencies on ERP updates and shall provide revised copies following any material changes to the plan or procedures.

4.5 A California Fire Code operational permit shall be maintained.

4.6 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

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ORDINANCE NO. 2026-013

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO,

CALIFORNIA, APPROVING 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 (“DA Ordinance”) requires the Planning Commission to consider a proposed Development Agreement and make a determination regarding its consistency with the City's General Plan and applicable specific plans and thereafter, the Planning Commission’s determination shall be transmitted to the City Council, in writing, within 60 days following the date its decision was rendered; 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 1 3.89-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, on July 15, 2026, the Planning Commission conducted a duly noticed public hearing to consider the Project and Development Agreement . A motion to adopt Planning Commission Resolution No. PC2026 -016, recommending that the City Council approve the Development Agreement , and Planning Commission Resolution No. PC2026 -019, approving PL25-0085 (Special Conditional Use Permit) and PL25-0086 (Site Approval), failed by a 3-4 vote; therefore, the Planning Commission did not adopt written findings or make a recommendation to the City Council regarding approval of the Development Agreement; and

WHEREAS, pursuant to the DA Ordinance, the City Council may approve, approve with modifications or deny a Development Agreement application upon finding that the Development Agreement is co nsistent with the General Plan and any applicable specific plans and stating specific reasons supporting such finding, consistent with California Government Code (“Govt.

Code”) Section 65864 et seq.; 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 facilitate 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 outlines Community Benefits under developer obligations that includes: 1) Community Benefit Payments in the amount of six million dollars ($6,000,000) to be dispersed at key project milestones; 2) Community Benefit Payments in the amount of six hundred thousa nd dollars ($600,000) for fire incident prevention, preparedness, mitigation and suppression; 3) employment outreach for local residents, as it relates to the project; 4) guaranteed Project Sales and Use Tax Revenues in the amount of four million dollars ($4,000,000); and 5) expert third-party Fire Safety Training; and

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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 o n 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 analys is 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; and

WHEREAS, pursuant to California Government Code Sections 65867 and 65090 the City on September 5, 2026, published a legal notice indicating the public hearing to be held by the City Council on September 15, 2026; and

WHEREAS, the City Council considered the provisions of the Development Agreement at a public hearing on September 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 Ordinance have occurred.

NOW, THEREFORE, the City Council of the City of Chino, California, does hereby ORDAIN as follows:

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

B. Pursuant to the Government Section Code 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 evidenc e and testimony provided in connection with the Applicant’s Special Conditional Use Permit (PL25-0085) and Site Approval (PL25-0086) applications, the City Council 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 Ci ty 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 maintaining a stable and resilient energy supply. In addition, the 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 infrastructure, 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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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 facilitating 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 community 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. The City Council accept Community Benefit Payments generated by the project and authorize staff to establish the following funding categories to receive funds and offset community impacts related to the project in accordance with applicable state and local laws : 1) Fire Suppression and Emergency Management and Preparedness; 2) Fire Training; 3) Public Works, 4) Public Safety, 5) Community Services, Parks and Recreation , 5) Planning and Development Services, 6) Workforce and Economic Development; 7) Community and Nonprofit Support; 8) Arts and Culture, and 9) administrative costs.

D. Based upon all oral and written reports and presentations made by City staff and members of the public, including any attachments and exhibits, the City Council hereby finds that the Project and Development Agreement is within the scope of the previously c ertified 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 Environ mental 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. Accordin gly, pursuant to CEQA Guidelines Section 15183, no additional environmental review is required.

E. Based on the entire record before the City Council and all written and oral evidence presented to the City Council , the City Council hereby adopts this O rdinance approving the Development Agreement substantially in the form set in Exhibit “A” with any minor modifications or changes approved or recommended by the City Attorney or the City Manager.

F. The City Council hereby authorizes and directs the Mayor to execute this Ordinance on behalf of the City of Chino forthwith upon its adoption.

G. The City Clerk shall certify as to the passage of this Ordinance and shall cause the same to be published and/or posted at the designated locations in the City of Chino upon adoption and forthwith transmit a copy of this Ordinance, by regular mail, to the Developer at the address of record set forth in the Development Agreement.

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

Eunice M. Ulloa, Mayor
ATTEST:

Natalie Gonzaga, City Clerk

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

I hereby certify the foregoing Ordinance was duly adopted by the Chino City Council at a meeting held on the 15th day of September 2026 and entered in the minutes of the City Council.

AYES: COUNCIL MEMBER:

NOES: COUNCIL MEMBER:

ABSENT: COUNCIL MEMBER:

NATALIE GONZAGA, CITY CLERK

Attachment:

Exhibit “A” – Development Agreement

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01225.0080 2122441.9 1
Recording Requested by And
When Recorded Return to:

C

ITY OF CHINO
13220 Central Avenue
Chino, CA 91710
Attn: City Clerk
[Exempt From Recording Fee Per Gov. Code § 6103]
DEVELOPMENT AGREEMENT NO. 01-2026
T
his 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 Delaware 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.”
RE
CITALS
A. T
he 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 set forth in the consents attached hereto.

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 applicable 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 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, 1142
2 and include a 1,200 square foot building with space for spare parts and a small 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 determ ined it was adequately assessed within the GP EIR. On September 15, 2026, the City Council reviewed the Project and the CEQA Guidelines Section 15183 Checklist, on appeal from the Planning Commission denial, and determined that 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 as memorialized in City Council Resolution No. 2026-061 adopted on said date. On October 6, 2026, the City Council also passed the Adopting Ordinance adopting the Agreement following the second reading of the Adopting Ordinance.

F. Orderly Development; Public Benefits. 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. 2026- 013 approving this Agreement, introduced on September 15, 2026, and adopted on October 6, 2026.

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:
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3 (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.

1.17 “Development Plan ” means Developer’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 Ordinance becomes effective, which is thirty (30) days after the second reading of the Adopting Ordinance or the date 1144
4 the Developer effectuates all ground leases, whichever is later. If the Developer fails to effectuate the ground leases prior to 300 days after the second reading of the Adopting Ordinance and the City’s Development Services Department does not grant an extension of time (which shall require, as a condition to its effectiveness as to any portion of the Property owned by an Owner, the prior written consent of such Owner), then this Agreement shall not become effective, shall be void and of no force or effect, and the provisions of Section 13.23 shall apply. Notwithstanding anything to the contrary in this Agreement, this Agreement shall create no covenant , burden, lien or encumbrance upon, any portion of the Property prior to the occurrence of the Effective Date.

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 “Owner” shall have the meaning set forth in Section 2.4.

1.28 “Project” shall have the meaning set forth in Recital C. 1145
5 1.29 “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), consistency 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.

1.30 “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, equipment, fixtures or other items by Developer or any third- party vendors or other contractors involved in the development and construction of the Project.

1.31 “Sales and Use Tax” means and includes both (i) the sales and use tax referenced in Chapter 3.16 of Title 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.

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

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

1.34 “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.

1.35 “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 automatically self-terminate, without any further action, notice, consent or approval of any Party or of any other person, as to any portion of the Property, upon the termination or expiration for any reason of the lease agreement(s) under which Developer holds a leasehold interest in such portion of the Property, whether such termination or expiration results from the act of Developer, the act of the fee owner of such portion of the Property, the expiration of the term thereof, casualt y, condemnation, rejection in bankruptcy, or operation of law.

Developer shall deliver written notice of any such self-termination to the City and to each Owner 1146
6 (as defined in Section 2.4) of the affected portion of the Property within ten (10) days after the occurrence thereof, and the provisions of Section 13.23 shall apply to such self -termination. 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 October 1, 2026, the grading permit by November 1, 2026, 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 the Project is heard by the Planning Commission. Developer hereby explicitly acknowledges and agrees that Developer bears all costs and risk related 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 Property 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 Parties, including, but not limited to, all parties that enter into lease agreements with Developer for possession of any part of the Property. Notwithstanding the foregoing or anything to the contrary in this Agreement, each fee owner of any portion of the Property (each, an “Owner”), and each successor and assign of such Owner acting in its capacity as fee owner or as lessor under a lease with Developer, shall not be deemed a Party, “Developer,” a “successor in interest” to Developer, a “new owner” or a “ Transferee” for any purpose under this Agreement by reason of such Owner’s fee ownership of the Property, its execution of a Consent of Owner, the recordation of this Agreement, the termination or expiration of Developer’s 1147
7 lease, the reversion of possession of the Property to such Owner, or such Owner’s exercise of any remedy under its lease with Developer. No financial payment obligation of Developer under this Agreement, including without limitation any Community Benefit Payment, Shortfall Amount, financial assurance, indemnity or interest obligation, shall constitute a lien, charge or encumbrance upon, or be enforceable against, the fee estate of any Owner.

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 origin, 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 occas ioned by a moratorium on the issuance of any of the Project 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 t o 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 (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 for future community public benefits to the City overall, at the City’s sole discretion.
ii. Six Hundred Thousand Dollars ($600,000) within thirty (30) days of building permit issuance for the Project for incident prevention, preparedness , mitigation and response public benefits to the City, at the City’s sole discretion. iii. Three Million Dollars ($3,000,000) within thirty (30) days of final certificate of occupancy (“COO ”) issuance for the Project for future community public benefits to the City overall, at the City’s sole discretion. 1148
8 iv. 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 lessee 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 fore going, 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 Revenue.

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 for the City. Developer shall designate the City as the point of delivery for purchase of taxable items in the BESS supply agreement(s) and engineering, procurement and construction contract for the Project. 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 infor mation 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 additional information as contemplated by Section 3.3.2.
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9 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 Shortfall 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 information 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 pursuant to a BESS supply agreement or engineering, procurement and construction contract for the repowering, battery replacement or augmentation of the Project during the term of this Agreement, Developer shall 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.

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 credit, 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 Pr oject. 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 fr om 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.
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10 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 Existing 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, the Developer may, in its sole 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 in 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, t he City is not obligated to approve any Subsequent Development Approval, 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 reservati on or dedication of land for public purposes, and the design, improvement, and construction standards and specifications applicable to the Project. 1151
11 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 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 similar 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 authority 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 danger, 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. 1152
12 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 modified 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 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 lawfully 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 1153
13 providing any direct or indirect financial assistance to Developer, 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 prevailing 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 construction 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 retains the right to settle or aba ndon the matter without Developer’s consent as to the City’s liabilities or 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 privat e 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 . 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. However, should the City’s proposed new development impact fee schedule with a development impact fee for warehouse/storage uses go into effect prior to issuance of the Project’s building permit, then, consistent with the City’s estimated impact fee invoic e dated September 2, 2026, Developer shall pay the development impact fee for warehouse/storage use, instead of an industrial use, based on the final total square footage of the Project's O&M Building and BESS pad, as reflected in the Project's final approved plans and/or building permit, as applicable. The approximately 123,784 square feet reflected in in the City's estimated impact fee invoice is an estimate for purposes of calculating the estimated DIF and shall not establish or fix the final square footage upon which the DIF is calculated. In addition, Developer shall pay all 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:
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14 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 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 detailed 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 doc ument 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 period of time after their approval.
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15 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 compliance 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 m atters.

The procedure for an Annual Review or Special Review shall be as follows:
(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 Services 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 Services 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 1156
16 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.

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 res pect 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 dec laratory 1157
17 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 caus e 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 sole 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 with the notice and cure provisions of this Section 7.2.

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 action s, 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 o r ten (10) days for monetary defaults (or such lesser time as may 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
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18 (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. Brow n 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 favor of termination. Based upon substantial evidence 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 impact upon public health, safety and welfare, the environment, or such other interests that City and public may have in the Project.

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 1159
19 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 annum from and after the due date of said monetary obligation until payment is actually received by City.

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, (collectively, “ City Indemnitees ”) harmless from any and all claims, actions, suits, damages, liabilities, and any other actions or proceedings (whether legal, equitable, declaratory, administrative, 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 City Indemnitees, or the City’s offi cers, employees, agents, contractors or subcontractors.
(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 lega l 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 1160
20 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) 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 Devel oper. 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 defense 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, subcontract ors, or employees’ Project construction activities and operations under 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 Property, nor for the loss of or damage to any property of Developer or of others by theft or otherwise. Except as otherwise prohibited by applicable law, 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 1161
21 from the pipes or plumbing, or from the street . Nothing herein shall be construed to mean that Developer shall bear liability for the sole negligence or gross 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 successor 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 w hich 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 to 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 Proper ty or for property damage. Such policy shall provide protection of at least $5,000,000 per occurrence, and $10,000,000 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 satisfactory 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 activities 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. 1162
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 liability 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. 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 endorsed 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 be 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 liability 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.

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. 1163
23 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, Sufficiency, 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 representatives; (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 status 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’ Compensation/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, within 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 waiver of subrogation, and obtain from such carrier, a waiver of right to recovery against City, its agents and employees.
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24 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 securit y 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 unreasonably 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 exceed an additional one hundred twenty (120) days after Mortgagee’s rece ipt 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 thi s 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.

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 the ultimate parent that owns and controls, directly or indirectly, more than fifty percent (50%) of the Project, Developer shall notify the City 1165
25 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 rel ated 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 form 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.

11.2 Consideration of Requested Assignment. 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 approval 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”).
(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.
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26 12. AM
ENDMENT 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 recorded 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 Development 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 . 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 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. M
ISCELLANEOUS 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 P arties execute and enter into the Agreement, and Developer shall deliver to each Owner a complete 1167
27 conformed copy of this Agreement, as executed, together with all exhibits. 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 sent 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;
(b) The Agreement has not 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 are any defaults existing to the actual knowledge of such Party as of such date, identifying same.
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28 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 within 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 deem ed 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 as 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 benef it 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, including 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.

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.
1169
29 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 where 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 hostilit ies, strikes, and other labor difficulties beyond the Party’s control, government regulations, supply chain interruptions, excessive tariffs, pandemics, government -ordered quarantine, court actions (such as restraining orders or injunctions), or other caus es 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 event, 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 extended 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 par ty 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.

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.
1170
30 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 such 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 into 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 liable, 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 corpor ation, 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 int erests found to be “remote” or “noninterests” pursuant to Government Code §§ 1091 or 1091.5. Developer warrants and represents that it has 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 agreement. 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, 1171
31 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.

13.23 Termination or Failure of Effectiveness; Release of Record . Promptly upon, and in any event within fifteen (15) business days after, written request from Developer or from any Owner accompanied by reasonable evidence that this Agreement has terminated or self - terminated in whole or in part, or has failed to become effective under Section 1.19 (including, as to an Owner, a certification by such Owner that Developer’s lease of such Owner’s portion of the Property has terminated or expired or was never executed, or a recorded termination of a memorandum of such lease), the City and Developer shall each execute, acknowledge and deliver to the requesting party, in recordable form, a Notice of Termination of Development Agreement confirming that this Agreement has terminated or failed to become effective and is of no further force or effect as to the portion of the Property described therein, and the requesting party may record the same at its cost. The City Manager is hereby authorized to execute such Notice of Termination on behalf of the City without further action of the City Council. If the Cit y or Developer fails to deliver its executed Notice of Termination within such fifteen (15) business day period, the requesting party may record an affidavit of termination, together with the evidence described above, and the City and Developer agree that such recorded affidavit shall constitute conclusive evidence, as to any title insurer, lender, purchaser or other third party, that this Agreement has terminated or failed to become effective as to the portion of the Property described therein. This Section 13.23 shall survive the termination of this Agreement, and the failure to record any instrument under this Section 13.23 shall not delay, condition or otherwise affect the automatic self-termination of this Agreement under Section 2.1 or the failure of this Agreement to become effective under Section 1.19.

13.24 Owner Consent to Certain Amendments . No amendment, modification, extension, restatement or cancellation of this Agreement, and no waiver of any provision hereof, shall be effective as to any portion of the Property owned by an Owner, or binding upon such Owner or such portion of the Proper ty, without such Owner’s prior written consent, if such amendment, modification, extension, restatement, cancellation or waiver would (i) extend the Term, (ii) modify, condition or delete the conditions to effectiveness set forth in Section 1.19, the self-termination provisions of Section 2.1, or the provisions of Section 2.4, Section 13.1 or Section

13.23, (iii) expand the obligations that run with or burden such portion of the Property, or (iv) modify the legal description of such portion of the Property. Each Consent of Owner delivered in connection with this Agreement is given solely with respect to the recordation of this Agreement in the form executed by the Parties and delivered to such Owner, and constitutes neither a joinder in nor an assumption of this Agreement.

1172
32 [SIGNATURES ON FOLLOWING PAGE(S)]

1173

33 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.

1174

34 CONSENT OF OWNER
Owner, Helmar Industrial Properties, LLC, a California limited liability company, (“Owner”), represents and warrants that it is 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 wi th Owner, Owner consents to the recording of this Agreement with the San Bernardino County Recorder.

_____________________________
By:__________________________
Title:_________________________

1175

35 CONSENT OF OWNER
Owner, Rexford Industrial -13925 Benson LLC, a Delaware limited liability company (“Owner”), represents that it is the owner of the property at 13925 Benson Avenue Chino, Assessor’s Parcel Number 1021- 211-02. Owner consents to the recordation of the Agreement against Owner’s property, subject to and upon the following terms, which the City and Developer accept by their execution of the Agreement: (a) this consent is given solely with respect to recordation of the Agreement in the form executed by the City and Developer and delivered to Owner, and is not a joinder in, assumption of, or agreement to perform any financial obligation under, the Agreement in accordance with Section 2.4; (b) Owner is not a Party to the Agreement and, as provided in Section 2.4, no obligation of Developer under the Agreement shall constitute a lien or encumbrance upon Owner’s fee estate; (c) the Agreement shall not become effective as to Owner’s property, until Developer and Owner have executed and delivered a ground lease of Owner’s property and the Effective Date has occurred in accordance with Section 1.19; (d) the Agreement shall self-terminate as to Owner’s property in accordance with Section 2.1, and upon such self-termination or upon any failure of the Agreement to become effective, the City and Developer shall each execute and deliver a recordable Notice of Termination in accordance with Section 13.23; (e) no amendment, modification, extension or restatement of the Agreement shall be effective as to Owner’s property except in accordance with Section 13.24; and (f) Owner makes no representation or warranty of any kind other than as expressly set forth in the first sentence of this Consent of Owner, which representation is made as of the date of Owner’s signature below and not as of any other date.
_____________________________
By:__________________________
Title:_________________________

1176

36 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, Owner consents to the recording of this Agreement with the San Bernardino County Recorder.

_____________________________
By:__________________________
Title:_________________________

[End of Signatures]

1177

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 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

1178

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

1179

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

1180

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

1181

41 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

1182

LEGAL DESCRIPTION
The land referred to herein is situated in the State of California, County of San Bernardino and described as follows:

PARCEL A:
(Rexford)
Lot 24, Section 13, Township 2 South, Range & West, San Bernardino Base and Meridian, in the City of Chino, County of San Bernardino, State of California, according to the Map of Subdivision of part of Rancho Santa Ana Del Chino, in the City of Chino, County of San Bernardino, State of California, as per Plat recorded in Book 6, Page 15
of Maps, Records of said County.

Excepting therefrom the South 200 feet of Lot 24.

APN: 1021-211-02
PARCEL B:
(Shea)
Parcel No. 2 of Parcel Map No. 2272, in the City of Chino, County of San Bernardino, State of California, as per plat recorded in Book 20 of Parcel Maps, Page(s) 15, Records of said County.

APN: 1021-121-05-0-000
PARCEL C:
(Helmar)
Parcel 1 of Parcel Map No. 6338, in the City of Chino, as per Map recorded October 9, 1980, in Book 59 of Parcel Maps, Page 65, Records of said County Recorder of said County.

APN: 1021-211-05
(End of Legal Description)

THE MAP ATTACHED THROUGH THE HYPERLINK ABOVE IS BEING PROVIDED AS A COURTESY AND
FOR INFORMATION PURPOSES ONLY; THIS MAP SHOULD NOT BE RELIED UPON.

FURTHERMORE, THE PARCELS SET OUT ON THIS MAP MAY NOT COMPLY WITH LOCAL SUBDIVISION OR BUILDING ORDINANCES. THERE WILL BE NO LIABILITY, RESPONSIBILITY OR

INDEMNIFICATION RELATED TO ANY MATTERS CONCERNING THE CONTENTS OR ACCURACY OF THE MAP.

File No.: 26000480381
Prelim Report COM 24r 2-3-23 NN

EXHIBIT "A"
1183

B-1
EXHIBIT “B”

DEPICTION OF PROPERTY
(See Attached)

1184
Benson Ave
Amarillo Ave
Daniels St
Freedom Dr
Soestern Ct
Waco St
Oaks Ave
APN: 102121105
APN: 102121102
APN: 102112105
ProjectBoundary
Parcel Boundary
0 220110
Feet
n
Date: 5/6/2026 User: shanson-mckenzie Path: Z:\Projects\j1565700\j1565718 - Dirac\MAPDOC\Section 15183 Exemption\Dirac.aprx Map: Project Location Layout: Figure 1-1 Project Location SOURCE: San Bernardino County 2025; ESRI Aerial Imagery (accessed 2026) Dirac BESS Project
Project Location
FIGURE 1-1
1185

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 thre e 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 demolished 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, perim eter wall, stormwater detention 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 p rovide 8 hours of electricity to approximately 300,000 single family homes. During operation, qualified locally based technicians would conduct regular inspections and maintenance to ensure safe and reliable performance. 1186

01225.0080 2122441.9 2
EXHIBIT “D”

DEVELOPMENT PLANS
(See Attached)

1187
DRAWING NO.

REVIEWED BY:

CHECKED BY:

REVISION NO. DATE: SCALE:

DRAWN BY:

DESIGNED BY:

PROJECT NO.

DRAWING TITLE
25151104/08/2026

DIRAC BESS
13925 BENSON AVE, CHINO, CA 91710

CITY OF CHINO
www.coffman.com
ph 818.698.8448
6320 Canoga Avenue, Suite 1300
Woodland Hills, CA 91367
BY DESCRIPTION DATE NO.

REVISIONS

PRELIMINARY

NOT FOR CONSTRUCTION
CUP RESUBMITTAL 04/08/2026CEI
G1.0

COVER 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 STORAGE SYSTEMS (BESS), COMPRISED OF 564 BESS ENCLOSURES FED BY 98 POWER

CONVERSION SYSTEMS (PCS), ALL CONNECTED TO A NEW SUBSTATION YARD THROUGH UNDERGROUND DUCTBANKS.

THE SCOPE OF WORK ALSO CAPTURES CIVIL ENGINEERED SITE

GRADING/DRAINAGE, LANDSCAPE DESIGN, AND FIRE ACCESS ROADS TO COMPLY WITH CITY OF CHINO CODES AND ORDINANCES.

CIVIL:

COFFMAN ENGINEERS, INC.
1455 FRAZEE RD, SUITE 600
SAN DIEGO, CA 92108
(619) 232-4673
CONTACT: JON ARENZ
[email protected]
ELECTRICAL:

COFFMAN ENGINEERS, INC.
1101 2ND AVE, SUITE 400
SEATTLE, WA 98101
(206) 623-0717
CONTACT: CHRIS BARKER
[email protected]
13925 BENSON AVENUE
CHINO, CA 91710
LEGAL DESCRIPTION:

APN: 1021-121-05-0000, 1021-211-02-6000, 1021-211-05-0000 PARCELS 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, IN THE CITY OF CHINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA.

PROJECT TEAM:

APPLICANT:

AYPA POWER
11801 DOMAIN BLVD, SUITE 450
AUSTIN, TX 78758
CONTACT: GEOFF FORNER
[email protected]
FIRE PROTECTION:

COFFMAN ENGINEERS, INC.
751 OSTERMAN DR, SUITE 104
BOZEMAN, MT 59715
(406) 582-1936
CONTACT: JAKE REIDELBACH
[email protected]

SHEET INDEX
DWG. #TITLENOTE
G1.0COVER SHEET
C1.0EXISTING CONDITIONS
C3.0 PRELIMINARY SITE PLAN KEY MAP
C3.1 PRELIMINARY CIVIL SITE PLAN
C3.2 PRELIMINARY CIVIL SITE PLAN
C4.0 PRELIMINARY GRADING PLAN KEY MAP
C4.1 PRELIMINARY GRADING PLAN
C4.2 PRELIMINARY GRADING PLAN
C5.0 PRELIMINARY DRAINAGE PLAN KEY MAP
C5.1 PRELIMINARY DRAINAGE PLAN
C5.2 PRELIMINARY DRAINAGE PLAN
E0.1LUMINAIRE SCHEDULE
E0.2CUT SHEETS

AYPA DIRAC BESS
MWT
MWT
AM
2000 1000 1000 500
FEET SCALE:
0 1 INCH = 1000

CENTRAL AVE
SITE
71 PIPELINE AVE

EDISON AVE

EUCALYPTUS AVE SCHAEFER AVE

OAKS AVE

BENSON AVE
12TH ST

DANIELS ST

YORBA AVE

RAMONA AVE
E1.2PHOTOMETRIC PLAN
E5.1ONE-LINE DIAGRAM
E5.2ONE-LINE DIAGRAM

FMPFIRE MASTER PLAN
1" = 1000'
C3.3 PRELIMINARY CIVIL SITE PLAN
C6.0PRELIMINARY UTILITY PLAN KEY MAP
C6.1PRELIMINARY UTILITY PLAN
C6.2PRELIMINARY UTILITY PLAN
E1.1ELECTRICAL SITE PLAN
C7.0 PRELIMINARY FENCING KEY MAP
C7.1 PRELIMINARY FENCING PLAN
C7.2 PRELIMINARY FENCING PLAN
C7.3 PRELIMINARY FENCING DETAILS
C8.0 PUBLIC IMPROVEMENT KEY MAP
C8.1 PUBLIC IMPROVEMENT PLAN
C8.2 PUBLIC IMPROVEMENT PLAN
C8.3 PUBLIC IMPROVEMENT PLAN
C9.0TRUCK TURN ANALYSIS
1188
6'
23 PARKING SPACES 13 PARKING SPACES 6 PARKING SPACES 4 PARKING SPACES
22 PARKING SPACES 319.4'
118.7'
319.4'
120.1'
E
13925 BENSON AVENUE
FOOTPRINT AREA = 38,143 SQUARE FEET
1 STORY CORRUGATE METAL
HEIGHT = 35'
B.H.L.
140.0'
124.2'
168.5'
217.1'

SEWER MANHOLE

PARKWAY DRAIN

CATCH BASIN W/STORM DRAIN INLET

COMMUNICATIONS PB

WATER METER

WATER VALVE

ELECTRIC VAULT

COMMUNICATIONS VAULT
BW (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 BLD
HEIGHT = 12'

90.1'90.2'

29.8'

30.4'
2,714 S.F.

CORRUGATE METAL BUILDING
HEIGHT = 18'
B.H.L.

B.H.L.

WOOD MODULAR BUILDING
(8.6' N. OF P.L.)

COMMUNICATIONS PB

UTILITY CABINET

CHAIN 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 RISER

CHAIN LINK FENCE
(1.1' S. OF P.L.)

CHAIN LINK FENCE
(0.6' N. OF P.L.)

WATER SPIGOT

23.2'
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. END
ON P.L.)
BW (S. FACE,

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

0.4' N. OF P.L.)

CHAIN LINK FENCE

0.2' 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 VALVE

WATER VALVE

WATER VALVE

FIRE HYDRANT

WATER METER

WATER SPIGOT

POWER POLE, NO LINES TRAFFIC SIGN
(TYP)
SEPTIC
TANK
ACCESS
LIDS

SEPTIC TANK
CO
PPT
UC
WS
SC

WSETCNP (TYP)
CNP
CG

OH (TYP)
WIF
~PAVEMENT~
~PAVEMENT~
~PAVEMENT~
~PAVEMENT~
~PAVEMENT~
~PAVEMENT~
~DIRT~
~DIRT~
~DIRT~
EE
EEE
E
E
CL
33'
33'
ACCESS

DANIELS STREET
CL
677.74 TC
677.06 FL
678.26 TC
677.64 FL677.72 EG
678.53 TC
677.93 FL677.97 EG
677.65 TC
678.04 FL678.14 EG
678.92 TC
678.30 FL678.38 EG
679.17 TC
678.53 FL678.55 EG
679.80 TC
679.13 FL679.20 EG
680.00 TC
679.37 FL679.45 EG
680.35 TC
679.75 FL679.79 EG
680.78 TC
680.18 FL680.24 EG
681.23 TC
680.59 FL680.69 EG
681.59 TC
680.96 FL681.04 EG
682.09 TC
681.43 FL681.53 EG
682.61 TC
681.68 FL682.00 EG
681.38 FL 682.99 TC
682.09 FL
683.02 TC
682.16 FL
682.54 TC 0"
682.51 FL
677.23 EG
678.19 TC
677.49 FL677.65 EG
678.43 TC
677.77 FL677.86 EG
678.65 TC
677.97 FL678.15 EG
678.87 TC
678.18 FL678.35 EG
679.20 TC
678.52 FL678.65 EG
679.72 TC
679.03 FL 679.35 FL
679.50 EG
680.23 FL
680.32 EG
680.65 TC
679.91 FL
680.45 TC
679.76 FL678.88 EG
681.30 TC
680.97 FL680.77 EG
681.82 TC
681.31 FL681.31 EG
681.75 FL
682.16 FL
BFD
BFD
680
CNP
CNP
CNP
CNP
CNP
SCO
682.62 RIM676.14 IE IN
676.08 IE OUT
676.20 SMH RIM669.62 IE IN
669.04 IE OUT
676.20 SMH RIM669.62 IE IN
669.04 IE OUT
486.8'
454.7'
120.0'
100.1'

32.0'

19.9'
13822 OAKS AVENUE
1 STORY CONCRETE TILT-UP
FOOTPRINT AREA: 57,774 S.F.±
HEIGHT = 20.5'±
B.H.L.

DI
SCALE
36 PARKING SPACES 10 PARKING SPACES
14 PARKING SPACES 6 PARKING SPACES
3 P. S.
10 PARKING SPACES 14 PARKING SPACES

59.8'

59.9'

81.0'

63.0'
183.0'

LOADING RAMP
GM
BFD
1 P.S.

SN
SN
WS
ET
SMH
US
SCO
FH
WV
WS

PROPANE
TANK
FH
WV
FSA
STAIRS

COLUMN (TYP)OH (TYP)METAL SCREEN WALL

PAINT ROOM
RAMP

CONTAINER
DI

ET EB ET
PUMP
AC
TANK
TANK
PUMP

CONCRETE
PADS
101.5'
101.5'

41.7'

41.7'

ACCESSORY BUILDING
1 STORY CORRUGATE METAL
FOOTPRINT AREA: 4,226 S.F.±
HEIGHT = 22.6'±
WS
DIDIDI
DI
SCO
UB

TELEPHONE PB

COMMUNICATIONS PB

ACCESSACCESSACCESS

STREET LIGHT

SEWER MH

FIRE HYDRANT

WATER VALVE

WATER METER

BACK FLOW DEVICE

WATER VALVE
PIV
FDC

SEWER MH

WATER VALVE

STREET LIGHT

WATER VALVE

FIRE HYDRANT

WATER VALVE

WATER VALVE

WATER VALVE

CONCRETE CURB

W/ 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 GUTTER

CHAIN 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 HYDRANT

GUARD POLE
(TYP)

LIGHT POLE

TRASH 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.)
SIGN

WATER VALVE

FIRE HYDRANT

CHAIN 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 VAULT
FDC
PIV
SIGN
~CONCRETE~
~CONCRETE~
~CONCRETE~
~CONCRETE~
~CONCRETE~ ~CONCRETE~
~DIRT~~DIRT~

MODULAR BUILDING

OAKS AVENUE
60'
CL

GP (TYP)
WS
WVSCO
EB
EB
685.63 FS
685.93 TP
685.66 FS
685.94 TP
685.73 FS
686.00 TP
685.53 FS
685.83 TP
684.43 TC
684.00 FL683.92 EG 684.78 TC
684.14 FL684.25 EG
684.26 TC
684.54 TC
685.11 TC
684.47 FL683.59 EG
685.52 TC
684.86 FL684.96 EG
685.94 TC
685.33 FL685.42 EG 686.20 TC
685.57 FL685.65 EG
685.71 TC
685.99 TC
686.64 TC
685.99 FL686.11 EG
687.03 TC
686.37 FL686.49 EG
687.82 TC
687.09 FL687.22 EG 688.15 TC
687.43 FL687.59 EG
687.58 TC
687.93 TC
688.61 TC
687.90 FL688.04 EG
688.73 TC
688.11 FL688.16 EG
689.18 TC
688.53 FL688.66 EG
685.87 TC
685.44 FS
685.65 TC
685.14 FS
685.52 TC
685.05 FS
685.43 TC
684.94 FS
684.76 TC
685.88 TC
685.53 FS
686.05 TC
685.53 FS 686.06 TC
685.70 FS
686.00 TC
685.55 FS
686.48 TC
686.02 FS
685.61 TC
685.43 FS
685.79 TC
685.59 FS 685.66 TC
685.24 FS
685.79 TC
685.50 FS
686.39 TC
685.88 FS685.91 TC
685.46 FS
687.65 TC
687.19 FS
687.12 TC
686.68 FS
686.66 TC
686.29 FS
686.26 TC
685.97 FS
686.55 TC
686.15 FS
686.28 TC
685.97 FS
686.63 TC
686.19 FS
686.76 TC
686.52 FS
686.70 TC
686.28 FS
687.82 TC
687.73 FS
687.73 TC
687.68 FS
686.80 TC
686.43 FS
686.93 TC
686.38 FS
687.24 TC
686.92 FS
687.00 TC
686.51 FS
686.99 TC
686.55 FS
687.59 TC
687.14 FS
687.19 TC
686.79 FS
686.29 TC
685.96 FS
686.96 TC
686.47 FS
686.78 TC
686.52 FS
685.21 TC
687.29 TC
686.84 FS 687.54 TC
687.08 FS
687.82 TC
687.67 FS
687.03 TC
686.58 FS
688.10 TC
687.59 FS
689.27 TC
689.04 FS689.19 TC
687.86 FS
689.29 TC
688.79 FS
689.21 TC
689.13 FS688.28 TC
687.96 FS
688.20 TC
687.87 FS
688.96 TC
688.55 FS
687.13 TC
686.73 FS
688.67 TC
688.28 FS
685
688
687
686685
GUARD
RAIL
B.H.L.

CONCRETE
GUTTER

CONCRETE
GUTTER

TELEPHONE RISER

TREE (TYP)
680
681
682
683 683
682 683 684
682
683682
681
684
685
686
687
686
687
687
686
687687
688
688
688 688
690
688
686684
S
6'

EXISTING SCE EASEMENT

TO BE VACATED
BOOK 7750,
PAGE 372, O.R.

BENSON AVE.

RECORD OWNER:

EQUIPMENT VALLEY

INVESTMENTS LLC
APN: 1021-211-06-0000
OAKS AVE.

CL
CL
CL
CL
DANIELS ST.

EXISTING SCE

EASEMENT TO BE

VACATED
BOOK 9839,
PAGE 1985
RECORD OWNER:

REXFORD INDUSTRIAL
13925 BENSON LLC
APN: 1021-211-02-6000
RECORD OWNER:

FREWING PROPERTIES

SOESTERN LLC
APN: 1021-121-11-0000
RECORD OWNER:

FURCOLOW MARIA MARGARET
TRUST ELBERTSE TRUST /96
APN: 1021-121-07-0000
RECORD OWNER:

SHEA CENTER

CHINO LLC
APN: 1021-121-05-0000
RECORD OWNER:

HELMAR INDUSTRIAL

PROPERTIES LLC
APN: 1021-211-05-0000
RECORD OWNER:

SOUTHERN CALIFORNIA EDISON COMPANY
APN: 1021-211-01-0000

R/W R/W
R/W
R/W
R/W
R/W
R/W

WATER METER AND LINE

TO BE ABANDONED PER
CITY OF CHINO STD NO.
425

WATER METER AND

LINE TO BE

ABANDONED PER CITY
OF CHINO STD NO. 425

WATER METER AND LINE TO BE

ABANDONED PER CITY OF CHINO
STD NO. 425

EXISTING HYDRANT SHALL BE

SALVAGED AND RETURNED TO THE

CITY OF CHINO AND COORDINATED

WITH THE CITY OF CHINO WATER
DIVISION. FIRE WATER LINE TO BE

ABANDONED
DRAWING NO.

REVIEWED BY:

CHECKED BY:

REVISION NO. DATE: SCALE:

DRAWN BY:

DESIGNED BY:

PROJECT NO.

DRAWING TITLE
25151104/08/2026

DIRAC BESS
13925 BENSON AVE, CHINO, CA 91710

CITY OF CHINO
www.coffman.com
ph 818.698.8448
6320 Canoga Avenue, Suite 1300
Woodland Hills, CA 91367
BY DESCRIPTION DATE NO.

REVISIONS

PRELIMINARY

NOT FOR CONSTRUCTION
CUP RESUBMITTAL 04/08/2026CEI

EXISTING CONDITIONS
120 60 60 30
FEET SCALE:
0 1 INCH = 60
C1.0
1" = 60'
MWT
JK
MWT
JRA

AC ASPHALT CONCRETE

BLDG BUILDING

CO CLEANOUT

DI DROP INLET

EELECTRICAL
(E) / EX EXISTING

FF FINISH FLOOR ELEVATION

FG FINISHED GRADE

FS FINISHED SURFACE

FW FIRE WATER SERVICE

GB GRADE BREAK

INV INVERT
(N) NEW

ROW RIGHT OF WAY
SSLOPE

SCE SOUTHERN CALIFORNIA EDISON

SD STORM DRAIN/PROCESS WASTE

SDMH STORM DRAIN MANHOLE

SWR SEWER

TEL TELEPHONE

TG TOP OF GRATE

TYP TYPICAL

WTR WATER

ABBREVIATIONS
LEGEND
EX. ELECTRICAL LINE
EX. FENCE
EX. STORM DRAIN MAIN
EX. TELEPHONE LINE
EX. WATER MAIN
EX. SEWER MAIN

STREET CENTERLINE

PROPERTY LINE/PROJECT BOUNDARY

OFFSITE LOT LINE

RIGHT-OF-WAY

EASEMENT LINE

SETBACK LINE
R/W
1189
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 EASEMENT

TO BE VACATED
BOOK 7750,
PAGE 372, O.R.

BENSON AVE.

RECORD OWNER:

EQUIPMENT VALLEY

INVESTMENTS LLC
APN: 1021-211-06-0000
OAKS AVE.

CL
CL
CL
CL
RECORD OWNER:

REXFORD INDUSTRIAL
13925 BENSON LLC
APN: 1021-211-02-6000
RECORD OWNER:

FREWING PROPERTIES

SOESTERN LLC
APN: 1021-121-11-0000
RECORD OWNER:

FURCOLOW MARIA MARGARET
TRUST ELBERTSE TRUST /96
APN: 1021-121-07-0000
RECORD OWNER:

SHEA CENTER

CHINO LLC
APN: 1021-121-05-0000
RECORD OWNER:

HELMAR INDUSTRIAL

PROPERTIES LLC
APN: 1021-211-05-0000
RECORD OWNER:

SOUTHERN CALIFORNIA EDISON COMPANY
APN: 1021-211-01-0000
DRAWING NO.

REVIEWED BY:

CHECKED BY:

REVISION NO. DATE: SCALE:

DRAWN BY:

DESIGNED BY:

PROJECT NO.

DRAWING TITLE
25151104/08/2026

DIRAC BESS
13925 BENSON AVE, CHINO, CA 91710

CITY OF CHINO
www.coffman.com
ph 818.698.8448
6320 Canoga Avenue, Suite 1300
Woodland Hills, CA 91367
BY DESCRIPTION DATE NO.

REVISIONS

PRELIMINARY

NOT FOR CONSTRUCTION
CUP RESUBMITTAL 04/08/2026CEI
120 60 60 30
FEET SCALE:
0 1 INCH = 60
C3.0
1" = 60'
MWT
JK
MWT
JRA
C3.2
C3.1
2
21'

1.5

7.0'5.0'
12'
5' PROP. SIDEWALK EX. CURB &
GUTTER
PROP. PARKWAY

LANDSCAPING
EX. AC

PAVEMENT
BENSON AVE.

SECTION A-A
33'
2
21'
EX. R/W
12'
EX. LANDSCAPING
66' EXISTING RIGHT OF WAY
33'
33'
22'
EX. R/W
11'
EX. CURB &
GUTTER
EX. LANDSCAPING
EX. AC

PAVEMENT
OAKS AVE.

SECTION C-C
33'
2
22'

1.5
66' PROPOSED RIGHT OF WAY
2
EX. SIDEWALK
5' PROP. SIDEWALK

8.0'
AA
B B
C3.3

PRELIMINARY

SITE PLAN KEY MAP
DANIELS ST.

PROP. PARKWAY LANDSCAPE

8.0'
D D
PROP
R/W
EX
R/W
3' 5.0'
PROP. / EX.

R/W
C C
OAKS AVE.

SECTION B-B
33'
22'
EX. R/W
11'
EX. CURB &
GUTTER
EX. LANDSCAPING
EX. AC

PAVEMENT
33'
2
22'

1.5
66' PROPOSED RIGHT OF WAY
2
5' PROP. SIDEWALK

5.0'
PROP. PARKWAY LANDSCAPE

6.0'
EX. CURB &
GUTTER

8.0'
EX. R/W PROP.

R/W3.0'
OAKS AVE.

SECTION D-D
33'
22'
EX. R/W
11'
EX. CURB &
GUTTER
EX. LANDSCAPING
EX. AC

PAVEMENT
33'
2
22'

1.5
66' PROPOSED RIGHT OF WAY
2
5' PROP. SIDEWALK

5.0'
PROP. PARKWAY LANDSCAPE

6.0'
EX. CURB &
GUTTER

8.0'
EX. R/W PROP.

R/W3.0'

19.0'
FREEDOM CT.
1190
M M
BW (N. END,

0.6' N. OF P.L.)

CHAIN LINK FENCE
(0.4' N. OF P.L.)
S
BENSON 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 11
1 22
5 5
5 333
3 9
2 1 111
222
3 333
2 14 15
15 17
18 15 15
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 IMPROVEMENT

PLANS FOR PROPOSED

WORK IN THE ROW

EXISTING AND

ULTIMATE PROPERTY/
R.O.W LINE

THERE WILL BE A SEPARATE STREET PLAN

PREPARED FOR SIDEWALK, CURB RAMP, AND

CROSSWALK IMPROVEMENT PER INFORMATION
FROM RECORD DRAWING AA-5984

33.0'
CL TO

ULTIMATE
ROW

7.0'

5.0'

26.0'
DRAWING NO.

REVIEWED BY:

CHECKED BY:

REVISION NO. DATE: SCALE:

DRAWN BY:

DESIGNED BY:

PROJECT NO.

DRAWING TITLE
25151104/08/2026

DIRAC BESS
13925 BENSON AVE, CHINO, CA 91710

CITY OF CHINO
www.coffman.com
ph 818.698.8448
6320 Canoga Avenue, Suite 1300
Woodland Hills, CA 91367
BY DESCRIPTION DATE NO.

REVISIONS

PRELIMINARY

NOT FOR CONSTRUCTION
CUP RESUBMITTAL 04/08/2026CEI

PRELIMINARY SITE PLAN
60 30 30 15
FEET SCALE:
0 1 INCH = 30
C3.1
1" = 30'
MWT
JK
MWT
JRA
LEGEND

PROPERTY LINE

STREET CENTERLINE

PARCEL BOUNDARY
EX. ELECTRICAL LINE
EX. FENCE
EX. FIRE SERVICE LINE
EX. GAS LINE
EX. STORM DRAIN MAIN
EX. TELEPHONE LINE
EX. WATER MAIN
EX. SEWER MAIN
PROP. SECURITY FENCE
PROP. STORM DRAIN LINE
PROP. WATER LINE
PROP. SEWER LINE
PROP. CMU WALL

PROPOSED HEAVY DUTY VEHICULAR ASPHALT
PAVEMENT WITH 5.0" A.C. OVER 8.0" CL. II A.B.

PROPOSED 8-HOUR BOL BATTERY

AB AGGREGATE BASE

AC ASPHALT CONCRETE

AUX AUXILIARY

BESS BATTERY ENERGY STORAGE SYSTEM

BLDG BUILDING

CMU CONCRETE MASONRY UNIT

CO CLEANOUT

COMM COMMUNICATIONS

DI DROP INLET

EELECTRICAL
(E) / EX EXISTING

FF FINISH FLOOR ELEVATION

FG FINISHED GRADE

ABBREVIATIONS

19.9'

8.0'
MATCHLINE - SEE SHEET C3.2 FOR CONTINUATION

FS FINISHED SURFACE

FW FIRE WATER SERVICE

GB GRADE BREAK

INV INVERT
(N) NEW

PCS POWER CONVERSION SYSTEM

PP POWER POLE

PROP PROPOSED

ROW RIGHT OF WAY
SSLOPE

SCE SOUTHERN CALIFORNIA EDISON

SD STORM DRAIN

SDMH STORM DRAIN MANHOLE
PROPOSED SIDEWALK PER CITY OF CHINO STD. 230

SWR SEWER

TEL TELEPHONE

TG TOP OF GRATE

TI TRAFFIC INDEX

TYP TYPICAL

WTR WATER

XFMR TRANSFORMER

PROPOSED ENHANCED HEAVY-DUTY CONCRETE

PAVEMENT

SITE KEYNOTES
PROPOSED 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 PILASTERS EVERY 100'. SEE C7.2-C7.3
PROPOSED PRE-FABRICATED O&M BUILDING (H = 12.0')
PROPOSED 26.0' WIDE DRIVEWAY
PROPOSED PARKING SPACE (TYP. OF 4)

PROPOSED HEAVY-DUTY VEHICULAR ASPHALT PAVEMENT
PROPOSED 5.0'-WIDE PUBLIC SIDEWALK

PROPOSED PUBLIC CURB RAMP
PROPOSED PUBLIC STREETLIGHT. FINAL LOCATION TO BE DETERMINED UPON FURTHER COORDINATION WITH CITY.

PROPOSED ENHANCED HEAVY-DUTY CONCRETE PAVEMENT.

LOW VOLTAGE FIRE ALARM DISTRIBUTION PANEL (TYP.)

PROPOSED AUTOMATIC GATE WITH PERFORATED METAL SCREEN AND

KNOX BOX
PROPOSED 12' X 10' TRASH ENCLOSURE
1 2
3 5
7 8
9 10
14 15
17 18
20 22
23 PROPOSED 8-HOUR AUGMENTATION BATTERY

19.9'

8.0'

PROPOSED MEDIUM VOLTAGE TRANSFORMER

19.9'

8.0'

PROPOSED LANDSCAPING AREA
(SEE LANDSCAPE PLANS FOR MORE INFORMATION)
1191
M

PROPERTY LINE

PROPERTY LINE
OAKS AVE.

RECORD OWNER:

EQUIPMENT VALLEY INVESTMENTS LLC
APN: 1021-211-06-0000
CL
CL
RECORD OWNER:

SHEA CENTER

CHINO LLC
APN: 1021-121-05-0000
RECORD OWNER:

HELMAR INDUSTRIAL

PROPERTIES LLC
APN: 1021-211-05-0000

SEE IMPROVEMENTS
SOUTH 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 EX
ROW
11 4
10 10
1 1
1 1
2 2
2 2
5 5
5 5
3 3
3 3
1 2
3 21
17 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 8
18 5.0'

5.0'

5.0'

5.0'
22 3' STREET

DEDICATION TO

ULTIMATE

PROPERTY LINE

SEE PUBLIC IMPROVEMENT

PLANS FOR PROPOSED

WORK IN THE ROW

EXISTING

PROPERTY LINE

33.0'
CL TO

ULTIMATE
ROW
6'

13.0'

SIDEWALK

EASEMENT TO

BE PROVIDED

FOR PRIVATE

PROPERTY
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'

ULTIMATE

PROPERTY LINE

ULTIMATE

PROPERTY LINE
DRAWING NO.

REVIEWED BY:

CHECKED BY:

REVISION NO. DATE: SCALE:

DRAWN BY:

DESIGNED BY:

PROJECT NO.

DRAWING TITLE
25151104/08/2026

DIRAC BESS
13925 BENSON AVE, CHINO, CA 91710

CITY OF CHINO
www.coffman.com
ph 818.698.8448
6320 Canoga Avenue, Suite 1300
Woodland Hills, CA 91367
BY DESCRIPTION DATE NO.

REVISIONS

PRELIMINARY

NOT FOR CONSTRUCTION
CUP RESUBMITTAL 04/08/2026CEI

PRELIMINARY SITE PLAN
60 30 30 15
FEET SCALE:
0 1 INCH = 30
C3.2
1" = 30'
MWT
JK
MWT
JRA
MATCHLINE - SEE SHEET C3.1 FOR CONTINUATION

AB AGGREGATE BASE

AC ASPHALT CONCRETE

AUX AUXILIARY

BESS BATTERY ENERGY STORAGE SYSTEM

BLDG BUILDING

CMU CONCRETE MASONRY UNIT

CO CLEANOUT

COMM COMMUNICATIONS

DI DROP INLET

EELECTRICAL
(E) / EX EXISTING

FF FINISH FLOOR ELEVATION

FG FINISHED GRADE

ABBREVIATIONS

FS FINISHED SURFACE

FW FIRE WATER SERVICE

GB GRADE BREAK

INV INVERT
(N) NEW

PCS POWER CONVERSION SYSTEM

PP POWER POLE

PROP PROPOSED

ROW RIGHT OF WAY
SSLOPE

SCE SOUTHERN CALIFORNIA EDISON

SD STORM DRAIN

SDMH STORM DRAIN MANHOLE

SWR SEWER

TEL TELEPHONE

TG TOP OF GRATE

TI TRAFFIC INDEX

TYP TYPICAL

WTR WATER

XFMR TRANSFORMER

SITE KEYNOTES
PROPOSED 8-HOUR BOL BATTERY (516 TOTAL)
PROPOSED 8-HOUR AUGMENTATION BATTERY (168 TOTAL)
PROPOSED MEDIUM VOLTAGE TRANSFORMER (86 TOTAL)

PROPOSED ELECTRICAL SUBSTATION
PROPOSED 10' BLAST CMU WALL BESS WITH DECORATIVE PILASTERS EVERY 100'.

SEE C7.2-C7.3
PROPOSED 26.0' WIDE DRIVEWAY

PROPOSED HEAVY-DUTY VEHICULAR ASPHALT PAVEMENT
PROPOSED 8'X40' CONEX BOX (TYP. OF 8)
PROPOSED PUBLIC STREETLIGHT. FINAL LOCATION TO BE DETERMINED UPON FURTHER 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 BOX

PROPOSED POCO TURNING STRUCTURE

PROPOSED SCE RISER TO UNDERGROUND GEN-TIE
1 2
3 4
5 8
10 11
17 18
20 21
22 27
28 LEGEND

PROPERTY LINE

STREET CENTERLINE

PARCEL BOUNDARY
EX. ELECTRICAL LINE
EX. FENCE
EX. FIRE SERVICE LINE
EX. GAS LINE
EX. STORM DRAIN MAIN
EX. TELEPHONE LINE
EX. WATER MAIN
EX. SEWER MAIN
PROP. SECURITY FENCE
PROP. STORM DRAIN LINE
PROP. WATER LINE
PROP. SEWER LINE
PROP. CMU WALL

PROPOSED HEAVY DUTY VEHICULAR ASPHALT
PAVEMENT WITH 5.0" A.C. OVER 8.0" CL. II A.B.

PROPOSED 8-HOUR BOL BATTERY

19.9'

8.0'
PROPOSED SIDEWALK PER CITY OF CHINO STD. 230

PROPOSED ENHANCED HEAVY-DUTY CONCRETE

PAVEMENT
PROPOSED 8-HOUR AUGMENTATION BATTERY

19.9'

8.0'

PROPOSED MEDIUM VOLTAGE TRANSFORMER

19.9'

8.0'

PROPOSED LANDSCAPING AREA
(SEE LANDSCAPE PLANS FOR MORE INFORMATION)

SIDEWALK EASEMENT (EASEMENT DEED) TO BE

PROVIDED TO THE CITY FOR PRIVATE PROPERTY, PER

A SEPARATE INSTRUMENT
1192
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. ACPAVEMENT33'222'1.566' 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. ACPAVEMENT30'222'1.560' EXISTING RIGHT OF WAY2 EX. PARKWAY LANDSCAPEEX. CURB &GUTTER

8.0'EX. R/W
1193

ACCESSACCESS
685
688
687
686685
680
681
682
683 683
682 683 684
682
683682
681
684
685
686
687
686
687
687
686
687687
688
688
688 688
690
688
686684
S
M M
M
BENSON AVE.

OAKS AVE.

FREEDOM CT
C C
D D
E E
F F
G G
H H
G G
I I
J J
K K
L L
DRAWING NO.

REVIEWED BY:

CHECKED BY:

REVISION NO. DATE: SCALE:

DRAWN BY:

DESIGNED BY:

PROJECT NO.

DRAWING TITLE
25151104/08/2026

DIRAC BESS
13925 BENSON AVE, CHINO, CA 91710

CITY OF CHINO
www.coffman.com
ph 818.698.8448
6320 Canoga Avenue, Suite 1300
Woodland Hills, CA 91367
BY DESCRIPTION DATE NO.

REVISIONS

PRELIMINARY

NOT FOR CONSTRUCTION
CUP RESUBMITTAL 04/08/2026CEI
C4.0
1" = 60'
MWT
JK
MWT
JRA
C4.2
C4.1

GRADING NOTES

1. SPOT ELEVATIONS ARE FOR FINISHED GRADE/SURFACE UNLESS OTHERWISE NOTED.

2. UNLESS ELEVATIONS AND/OR CONTOURS ARE OTHERWISE SHOWN, NEW FINISH

GRADE SURFACES SHALL BE PLACED TO ALLOW FOR POSITIVE DRAINAGE TO RUNOFF COLLECTION DEVICES OR FACILITIES. MAINTAIN POSITIVE DRAINAGE AWAY FROM BUILDINGS.

3. GRADING SHALL NOT EXCEED A 3:1 MAXIMUM SLOPE.

AB AGGREGATE BASE

AC ASPHALT CONCRETE

AUX AUXILIARY

BESS BATTERY ENERGY STORAGE SYSTEM

BLDG BUILDING

CMU CONCRETE MASONRY UNIT

CO CLEANOUT

COMM COMMUNICATIONS

DI DROP INLET

EELECTRICAL
(E) / EX EXISTING

FF FINISH FLOOR ELEVATION

FG FINISHED GRADE

FS FINISHED SURFACE

FW FIRE WATER SERVICE

GB GRADE BREAK

INV INVERT
(N) NEW

PCS POWER CONVERSION SYSTEM

PP POWER POLE

ROW RIGHT OF WAY
SSLOPE

SCE SOUTHERN CALIFORNIA EDISON

SD STORM DRAIN

SDMH STORM DRAIN MANHOLE

SWR SEWER

TEL TELEPHONE

TG TOP OF GRATE

TI TRAFFIC INDEX

TYP TYPICAL

WTR WATER

XFMR TRANSFORMER

ABBREVIATIONSLEGEND

PROPERTY LINE

PARCEL BOUNDARY

STREET CENTERLINE

SHEET LIMIT

MINOR CONTOUR LINE

MAJOR CONTOUR LINE

PRELIMINARY

GRADING PLAN KEY MAP
685
684120 60 60 30
FEET SCALE:
0 1 INCH = 60
EX. ELECTRICAL LINE
EX. FENCE
EX. STORM DRAIN MAIN
EX. TELEPHONE LINE
EX. WATER MAIN
EX. SEWER MAIN
DANIELS ST.
2
21'

1.5

7.0'5.0'
12'
5' PROP. SIDEWALK EX. CURB &
GUTTER
PROP. PARKWAY

LANDSCAPING
EX. AC

PAVEMENT
BENSON AVE.

SECTION A-A
33'
2
21'
EX. R/W
12'
EX. LANDSCAPING
66' EXISTING RIGHT OF WAY
33'
EX. SIDEWALK
AA
B B
PROP. / EX.

R/W
OAKS AVE.

SECTION B-B
33'
22'
EX. R/W
11'
EX. CURB &
GUTTER
EX. LANDSCAPING
EX. AC

PAVEMENT
33'
2
22'

1.5
66' PROPOSED RIGHT OF WAY
2
5' PROP. SIDEWALK

5.0'
PROP. PARKWAY LANDSCAPE

6.0'
EX. CURB &
GUTTER

8.0'
EX. R/W PROP.

R/W3.0'
1194
680
681
682
683
683
682 683 684
682
683
682
681
684
685
686
S
M M
BENSON AVE.

PROPERTY LINE

PROPERTY LINE
DANIELS ST.
679.62 FS
679.70 FS 679.26 FS 679.14 FS
679.25 FS
679.15 FS
682.73 FS
682.88 FS
683.82 FS
683.89 FS
680.84 FS
680.95 FS
681.69 FS
681.73 FS
679.29 FS
680.52 FS681.32 FS
679.71 FS
680.80 FS
683.96 FS
684.11 FS 683.26 FS
685.35 FS
685.77 FS
681.04 FS
680
681
682
683
684
685
683.45 FS
684.01 FS

SEE EXISTING STREET IMPROVEMENT PLAN
AA-5984 FOR SIDEWALK, CURB RAMP, AND

CROSSWALK IMPROVEMENTS

33.0'

CL TO EX ROW
21'

CL TO CURB
685.00 FF
1 1
1 1
1 2
2 2 2
2 2
2 4
5 7

EXISTING AND ULTIMATE
PROPERTY/ R.O.W LINE
C C
D D
E E
F F
G G
H H
DRAWING NO.

REVIEWED BY:

CHECKED BY:

REVISION NO. DATE: SCALE:

DRAWN BY:

DESIGNED BY:

PROJECT NO.

DRAWING TITLE
25151104/08/2026

DIRAC BESS
13925 BENSON AVE, CHINO, CA 91710

CITY OF CHINO
www.coffman.com
ph 818.698.8448
6320 Canoga Avenue, Suite 1300
Woodland Hills, CA 91367
BY DESCRIPTION DATE NO.

REVISIONS

PRELIMINARY

NOT FOR CONSTRUCTION
CUP RESUBMITTAL 04/08/2026CEI

PRELIMINARY GRADING PLAN
C4.1
1" = 30'
MWT
JK
MWT
JRA

GRADING NOTES

1. SPOT ELEVATIONS ARE FOR FINISHED GRADE/SURFACE UNLESS OTHERWISE NOTED.

2. UNLESS ELEVATIONS AND/OR CONTOURS ARE OTHERWISE SHOWN, NEW FINISH GRADE

SURFACES SHALL BE PLACED TO ALLOW FOR POSITIVE DRAINAGE TO RUNOFF COLLECTION DEVICES OR FACILITIES. MAINTAIN POSITIVE DRAINAGE AWAY FROM BUILDINGS.

3. GRADING SHALL NOT EXCEED A 3:1 MAXIMUM SLOPE.

AB AGGREGATE BASE

AC ASPHALT CONCRETE

AUX AUXILIARY

BESS BATTERY ENERGY STORAGE SYSTEM

BLDG BUILDING

CMU CONCRETE MASONRY UNIT

CO CLEANOUT

COMM COMMUNICATIONS

DI DROP INLET

EELECTRICAL
(E) / EX EXISTING

FF FINISH FLOOR ELEVATION

FG FINISHED GRADE

FS FINISHED SURFACE

FW FIRE WATER SERVICE

GB GRADE BREAK

INV INVERT
(N) NEW

PCS POWER CONVERSION SYSTEM

PP POWER POLE

ROW RIGHT OF WAY
SSLOPE

SCE SOUTHERN CALIFORNIA EDISON

SD STORM DRAIN

SDMH STORM DRAIN MANHOLE

SWR SEWER

TEL TELEPHONE

TG TOP OF GRATE

TI TRAFFIC INDEX

TYP TYPICAL

WTR WATER

XFMR TRANSFORMER

ABBREVIATIONS

EARTHWORK NOTES
TOTAL AREA: 605,280 SF
CUT VOLUME = 6,100 CYD
FILL VOLUME = 5,200 CYD
NET EXPORT VOLUME = 900 CYD
MAXIMUM CUT = 2.0 FT
MAXIMUM FILL = 4.5 FT
MATCHLINE - SEE SHEET C4.2 FOR CONTINUATION
LEGEND

PROPOSED LANDSCAPING AREA
(SEE LANDSCAPE PLANS FOR MORE INFORMATION)

SECTION C-C
2

PERIMETER WALL

PROPERTY LINE

CURB & GUTTER

EQUIPMENT PAD AREA
10'
2'
26'
2

PERIMETER WALL

PROPERTY LINE

CURB & GUTTER
12'
26'

ASPHALT DRIVEWAY

SECTION D-D
2

PERIMETER WALL

PROPERTY LINE

CURB & GUTTER

EQUIPMENT PAD AREA
10'
2'
26'

ASPHALT DRIVEWAY

ASPHALT DRIVEWAY

SECTION E-ESECTION F-F
10'

EQUIPMENT PAD AREA
2

PERIMETER WALL

PROPERTY LINE

CURB & GUTTER
12'
26'

ASPHALT DRIVEWAY
10'

EQUIPMENT PAD AREA
2

PERIMETER WALL

PROPERTY LINE

CURB & GUTTER
26'

ASPHALT DRIVEWAY
2'
10'

EQUIPMENT PAD AREA

SECTION G-G
2

PERIMETER WALL

PROPERTY LINE

CURB & GUTTER

EQUIPMENT

PAD AREA
10'
26'

ASPHALT DRIVEWAY
2'

SECTION H-H
60 30 30 15
FEET SCALE:
0 1 INCH = 30

PROPERTY LINE

PARCEL BOUNDARY

STREET CENTERLINE

SHEET LIMIT

MINOR CONTOUR LINE

MAJOR CONTOUR LINE
EX. STORM DRAIN MAIN

PROPOSED STORM DRAIN LINE

PROPOSED CATCH BASIN

PROPOSED CLEANOUT
PROP. WATER TREATMENT FACILITY
685
684

GRADING KEYNOTES

PROPOSED PVC STORM DRAIN LINE

PROPOSED STORM WATER CATCH BASIN

PROPOSED STORM WATER TREATMENT FACILITY

CONNECT TO EXISTING STORM DRAIN SYSTEM

IF CONNECTION TO A STORM DRAIN IN OAKS IS NOT POSSIBLE, THE PROJECT

SHALL DISCHARGE THE TREATED STORMWATER TO THE OAKS AVENUE GUTTER. THIS MAY INCLUDE THE NEED TO ADD A STORMWATER LIFT STATION.

PROPOSED SEWER-LIKE CLEANOUT FOR STORM WATER PER CITY OF CHINO STD. 527
1 2
4 5
6 7
1195

ACCESSACCESS
685
688
687
686685
687
686
687
687
686
687 687
688
688
688 688
690
688
686
684
M

PROPERTY LINE

PROPERTY LINE
OAKS AVE.
684.85 FS
684.85 FS
688.48 FS
688.47 FS
688.61 FS
688.31 FS 688.05 FS
687.99 FS
688.74 FS
688.11 FS
688.72 FS
684.42 FS 684.50 FS
684.45 FS
683.79 FS
683.51 FS
686.6 FG
686.57 FS 686.8 FG
684.1 TG
685.39 FS
685.47 FS
684.99 FS
688.39 FS
685
686
687
688
689
684 685 686 687 688
3' STREET

DEDICATION

ULTIMATE

PROPERTY LINE

22.0'

CL TO CURB

30.0'

CL TO EX
ROW

33.0'
CL TO

ULTIMATE
ROW
1 1
1 2
2 2
2 4
2 1
2 2
6 2
3' STREET DEDICATION

ULTIMATE PROPERTY LINE
7 H
G
I I
J J
K K
L L
DRAWING NO.

REVIEWED BY:

CHECKED BY:

REVISION NO. DATE: SCALE:

DRAWN BY:

DESIGNED BY:

PROJECT NO.

DRAWING TITLE
25151104/08/2026

DIRAC BESS
13925 BENSON AVE, CHINO, CA 91710

CITY OF CHINO
www.coffman.com
ph 818.698.8448
6320 Canoga Avenue, Suite 1300
Woodland Hills, CA 91367
BY DESCRIPTION DATE NO.

REVISIONS

PRELIMINARY

NOT FOR CONSTRUCTION
CUP RESUBMITTAL 04/08/2026CEI

PRELIMINARY GRADING PLAN
C4.2
1" = 30'
MWT
JK
MWT
JRA
MATCHLINE - SEE SHEET C4.1 FOR CONTINUATION

SECTION I-I
2

PERIMETER WALL

PROPERTY LINE

CURB & GUTTER

EQUIPMENT

PAD AREA
10'
26'

ASPHALT DRIVEWAY
2'

SECTION J-J

PERIMETER WALL

PROPERTY LINE

SUBSTATION
AREA
10'

SECTION K-K
2

PERIMETER WALL

PROPERTY LINE

CURB & GUTTER

EQUIPMENT

PAD AREA
10'
26'

ASPHALT DRIVEWAY

SECTION L-L
2

PERIMETER WALL

PROPERTY LINE

CURB & GUTTER

EQUIPMENT

PAD AREA
10'
26'

ASPHALT DRIVEWAY
6'2'
60 30 30 15
FEET SCALE:
0 1 INCH = 30

GRADING KEYNOTES

PROPOSED PVC STORM DRAIN LINE

PROPOSED STORM WATER CATCH BASIN

PROPOSED STORM WATER TREATMENT FACILITY

CONNECT TO EXISTING STORM DRAIN SYSTEM

IF CONNECTION TO A STORM DRAIN IN OAKS IS NOT POSSIBLE, THE PROJECT

SHALL DISCHARGE THE TREATED STORMWATER TO THE OAKS AVENUE GUTTER. THIS MAY INCLUDE THE NEED TO ADD A STORMWATER LIFT STATION.

PROPOSED SEWER-LIKE CLEANOUT FOR STORM WATER PER CITY OF CHINO STD. 527
1 2
4 5
6 7

GRADING NOTES

1. SPOT ELEVATIONS ARE FOR FINISHED GRADE/SURFACE UNLESS OTHERWISE NOTED.

2. UNLESS ELEVATIONS AND/OR CONTOURS ARE OTHERWISE SHOWN, NEW FINISH GRADE

SURFACES SHALL BE PLACED TO ALLOW FOR POSITIVE DRAINAGE TO RUNOFF COLLECTION DEVICES OR FACILITIES. MAINTAIN POSITIVE DRAINAGE AWAY FROM BUILDINGS.

3. GRADING SHALL NOT EXCEED A 3:1 MAXIMUM SLOPE.

AB AGGREGATE BASE

AC ASPHALT CONCRETE

AUX AUXILIARY

BESS BATTERY ENERGY STORAGE SYSTEM

BLDG BUILDING

CMU CONCRETE MASONRY UNIT

CO CLEANOUT

COMM COMMUNICATIONS

DI DROP INLET

EELECTRICAL
(E) / EX EXISTING

FF FINISH FLOOR ELEVATION

FG FINISHED GRADE

FS FINISHED SURFACE

FW FIRE WATER SERVICE

GB GRADE BREAK

INV INVERT
(N) NEW

PCS POWER CONVERSION SYSTEM

PP POWER POLE

ROW RIGHT OF WAY
SSLOPE

SCE SOUTHERN CALIFORNIA EDISON

SD STORM DRAIN

SDMH STORM DRAIN MANHOLE

SWR SEWER

TEL TELEPHONE

TG TOP OF GRATE

TI TRAFFIC INDEX

TYP TYPICAL

WTR WATER

XFMR TRANSFORMER

ABBREVIATIONS

EARTHWORK NOTES
TOTAL AREA: 605,280 SF
CUT VOLUME = 6,100 CYD
FILL VOLUME = 5,200 CYD
NET EXPORT VOLUME = 900 CYD
MAXIMUM CUT = 2.0 FT
MAXIMUM FILL = 4.5 FT
LEGEND

PROPOSED LANDSCAPING AREA
(SEE LANDSCAPE PLANS FOR MORE INFORMATION)

PROPERTY LINE

PARCEL BOUNDARY

STREET CENTERLINE

SHEET LIMIT

MINOR CONTOUR LINE

MAJOR CONTOUR LINE
EX. STORM DRAIN MAIN

PROPOSED STORM DRAIN LINE

PROPOSED CATCH BASIN

PROPOSED CLEANOUT
PROP. WATER TREATMENT FACILITY
685
684
1196

ACCESSACCESS
685
688
687
686685
680
681
682
683 683
682 683 684
682
683682
681
684
685
686
687
686
687
687
686
687687
688
688
688 688
690
688
686684
684
685
686
687
688
680
681
682
683
684
685
M M
M
6'

EXISTING SCE EASEMENT

TO BE VACATED
BOOK 7750,
PAGE 372, O.R.

BENSON AVE.

RECORD OWNER:

EQUIPMENT VALLEY

INVESTMENTS LLC
APN: 1021-211-06-0000
OAKS AVE.

CL
CL
CL
CL
DANIELS ST.

RECORD OWNER:

REXFORD INDUSTRIAL
13925 BENSON LLC
APN: 1021-211-02-6000
RECORD OWNER:

FREWING PROPERTIES

SOESTERN LLC
APN: 1021-121-11-0000
RECORD OWNER:

FURCOLOW MARIA MARGARET
TRUST ELBERTSE TRUST /96
APN: 1021-121-07-0000
RECORD OWNER:

SHEA CENTER

CHINO LLC
APN: 1021-121-05-0000
RECORD OWNER:

HELMAR INDUSTRIAL

PROPERTIES LLC
APN: 1021-211-05-0000
RECORD OWNER:

SOUTHERN CALIFORNIA EDISON COMPANY
APN: 1021-211-01-0000
DRAWING NO.

REVIEWED BY:

CHECKED BY:

REVISION NO. DATE: SCALE:

DRAWN BY:

DESIGNED BY:

PROJECT NO.

DRAWING TITLE
25151104/08/2026

DIRAC BESS
13925 BENSON AVE, CHINO, CA 91710

CITY OF CHINO
www.coffman.com
ph 818.698.8448
6320 Canoga Avenue, Suite 1300
Woodland Hills, CA 91367
BY DESCRIPTION DATE NO.

REVISIONS

PRELIMINARY

NOT FOR CONSTRUCTION
CUP RESUBMITTAL 04/08/2026CEI
120 60 60 30
FEET SCALE:
0 1 INCH = 60
C5.0
1" = 60'
MWT
JK
MWT
JRA
C5.2
C5.1
FREEDOM CT.

PRELIMINARY

DRAINAGE PLAN KEY
MAP
LEGEND

PROPERTY LINE

PROJECT LIMITS

PARCEL BOUNDARY
EX. STORM DRAIN MAIN
PROP. STORM DRAIN LINE
PROP. CATCH BASIN
PROP. WATER TREATMENT FACILITY

PROPOSED CLEANOUT

DRAINAGE NOTES

BASED ON DIRECTION FROM CITY STAFF, HYDROMODIFICATION MEASURES ARE NOT REQUIRED.
1197
BW (N. END,

0.6' N. OF P.L.)

CHAIN LINK FENCE
(0.4' N. OF P.L.)
S
680
681
682
683
684
685
M M
1 1
1 1
1 2
2 2
2 2
2 2
BENSON AVE.

PROPERTY LINE

PROPERTY LINE
DANIELS ST.

33.0'

CL TO EX ROW
4 5
7 DRAWING NO.

REVIEWED BY:

CHECKED BY:

REVISION NO. DATE: SCALE:

DRAWN BY:

DESIGNED BY:

PROJECT NO.

DRAWING TITLE
25151104/08/2026

DIRAC BESS
13925 BENSON AVE, CHINO, CA 91710

CITY OF CHINO
www.coffman.com
ph 818.698.8448
6320 Canoga Avenue, Suite 1300
Woodland Hills, CA 91367
BY DESCRIPTION DATE NO.

REVISIONS

PRELIMINARY

NOT FOR CONSTRUCTION
CUP RESUBMITTAL 04/08/2026CEI

PRELIMINARY DRAINAGE PLAN
60 30 30 15
FEET SCALE:
0 1 INCH = 30
C5.1
1" = 30'
MWT
JK
MWT
JRA

AB AGGREGATE BASE

AC ASPHALT CONCRETE

AUX AUXILIARY

BESS BATTERY ENERGY STORAGE SYSTEM

BLDG BUILDING

CMU CONCRETE MASONRY UNIT

CO CLEANOUT

COMM COMMUNICATIONS

DI DROP INLET

EELECTRICAL
(E) / EX EXISTING

FF FINISH FLOOR ELEVATION

FG FINISHED GRADE

FS FINISHED SURFACE

FW FIRE WATER SERVICE

GB GRADE BREAK

INV INVERT
(N) NEW

PCS POWER CONVERSION SYSTEM

PP POWER POLE

ROW RIGHT OF WAY
SSLOPE

SCE SOUTHERN CALIFORNIA EDISON

SD STORM DRAIN

SDMH STORM DRAIN MANHOLE

SWR SEWER

TEL TELEPHONE

TG TOP OF GRATE

TI TRAFFIC INDEX

TYP TYPICAL

WTR WATER

XFMR TRANSFORMER

ABBREVIATIONS

DRAINAGE KEYNOTES

PROPOSED PVC STORM DRAIN LINE

PROPOSED STORM WATER CATCH BASIN

PROPOSED STORM WATER TREATMENT FACILITY

CONNECT TO EXISTING STORM DRAIN SYSTEM

IF CONNECTION TO A STORM DRAIN IN OAKS IS NOT POSSIBLE, THE PROJECT SHALL DISCHARGE THE TREATED STORMWATER TO THE OAKS AVENUE GUTTER. THIS MAY INCLUDE THE NEED TO ADD A STORMWATER LIFT STATION.

PROPOSED SEWER-LIKE CLEANOUT FOR STORM WATER PER CITY OF CHINO STD. 527
1 2
4 5
6 7
MATCHLINE - SEE SHEET C5.2 FOR CONTINUATION
LEGEND

PROPERTY LINE

PROJECT LIMITS

PARCEL BOUNDARY
EX. STORM DRAIN MAIN
PROP. STORM DRAIN LINE
PROP. CATCH BASIN
PROP. WATER TREATMENT FACILITY

PROPOSED CLEANOUT

DRAINAGE NOTES

1. BASED ON DIRECTION FROM CITY STAFF, HYDROMODIFICATION MEASURES ARE NOT REQUIRED.

2. GROUNDWATER INFILTRATION HAS BEEN DEEMED INFEASIBLE BASED UPON

EXISTING SOIL CONDITIONS, INCLUDING AN UNDERSTANDING THAT THE EXISTING SOILS ARE CONTAMINATED DUE TO PRIOR USES ON THE SITE. AS SUCH, AND IN COMPLIANCE WITH SECTION 3.2.4 GROUNDWATER

CONSIDERATIONS OF THE TECHNICAL GUIDANCE DOCUMENT FOR WQMPS,

THE DRAINAGE AND STORMWATER DESIGN DOES NOT RELY UPON
GROUNDWATER INFILTRATION FOR WATER QUALITY TREATMENT. RUNOFF IS

INTENDED TO SHEET FLOW TO THE PROPOSED STORM DRAIN SYSTEM AND

THEN BE ROUTED TO THE PROPOSED TREATMENT STRUCTURES BEFORE BEING DISCHARGED OFFSITE.

3. ACCOMPANYING THE FINAL DESIGN AND WQMP, A SOIL MANAGEMENT STUDY WILL BE PROVIDED TO THE CITY FOR REVIEW. THIS STUDY WILL

DEMONSTRATE THAT ANY IDENTIFIED POLLUTANTS ON THE SITE WILL NOT RESULT IN ADVERSE IMPACTS TO GROUNDWATER QUALITY.
1198

ACCESSACCESS
687
686
687
687
686
687 687
688
688
688 688
690
688
686
684
684
685
686
687
688
M
1 1
1 2
2 2
2 4
2 1
2 2
6 2

PROPERTY LINE

PROPERTY LINE
OAKS AVE.

RECORD OWNER:

EQUIPMENT VALLEY INVESTMENTS LLC
APN: 1021-211-06-0000
CL
CL
RECORD OWNER:

SHEA CENTER

CHINO LLC
APN: 1021-121-05-0000
RECORD OWNER:

HELMAR INDUSTRIAL

PROPERTIES LLC
APN: 1021-211-05-0000

30.0'

CL TO EX
ROW

33.0'
CL TO

ULTIMATE
ROW
3' STREET DEDICATION

ULTIMATE PROPERTY LINE
7 DRAWING NO.

REVIEWED BY:

CHECKED BY:

REVISION NO. DATE: SCALE:

DRAWN BY:

DESIGNED BY:

PROJECT NO.

DRAWING TITLE
25151104/08/2026

DIRAC BESS
13925 BENSON AVE, CHINO, CA 91710

CITY OF CHINO
www.coffman.com
ph 818.698.8448
6320 Canoga Avenue, Suite 1300
Woodland Hills, CA 91367
BY DESCRIPTION DATE NO.

REVISIONS

PRELIMINARY

NOT FOR CONSTRUCTION
CUP RESUBMITTAL 04/08/2026CEI

PRELIMINARY DRAINAGE PLAN
60 30 30 15
FEET SCALE:
0 1 INCH = 30
C5.2
1" = 30'
MWT
JK
MWT
JRA

DRAINAGE KEYNOTES

PROPOSED PVC STORM DRAIN LINE

PROPOSED STORM WATER CATCH BASIN

PROPOSED STORM WATER TREATMENT FACILITY

CONNECT TO EXISTING STORM DRAIN SYSTEM

IF CONNECTION TO A STORM DRAIN IN OAKS IS NOT POSSIBLE, THE PROJECT SHALL DISCHARGE THE TREATED STORMWATER TO THE OAKS AVENUE GUTTER. THIS MAY INCLUDE THE NEED TO ADD A STORMWATER LIFT STATION.

PROPOSED SEWER-LIKE CLEANOUT FOR STORM WATER PER CITY OF CHINO STD. 527
1 2
4 5
6 7

AB AGGREGATE BASE

AC ASPHALT CONCRETE

AUX AUXILIARY

BESS BATTERY ENERGY STORAGE SYSTEM

BLDG BUILDING

CMU CONCRETE MASONRY UNIT

CO CLEANOUT

COMM COMMUNICATIONS

DI DROP INLET

EELECTRICAL
(E) / EX EXISTING

FF FINISH FLOOR ELEVATION

FG FINISHED GRADE

FS FINISHED SURFACE

FW FIRE WATER SERVICE

GB GRADE BREAK

INV INVERT
(N) NEW

PCS POWER CONVERSION SYSTEM

PP POWER POLE

ROW RIGHT OF WAY
SSLOPE

SCE SOUTHERN CALIFORNIA EDISON

SD STORM DRAIN

SDMH STORM DRAIN MANHOLE

SWR SEWER

TEL TELEPHONE

TG TOP OF GRATE

TI TRAFFIC INDEX

TYP TYPICAL

WTR WATER

XFMR TRANSFORMER

ABBREVIATIONS
MATCHLINE - SEE SHEET C5.1 FOR CONTINUATION
LEGEND

PROPERTY LINE

PROJECT LIMITS

PARCEL BOUNDARY
EX. STORM DRAIN MAIN
PROP. STORM DRAIN LINE
PROP. CATCH BASIN
PROP. WATER TREATMENT FACILITY

PROPOSED CLEANOUT

DRAINAGE NOTES
BASED ON DIRECTION FROM CITY STAFF, HYDROMODIFICATION MEASURES ARE NOT REQUIRED. 1199
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 TITLE
25151104/08/2026

DIRAC BESS
13925 BENSON AVE, CHINO, CA 91710

CITY OF CHINO
www.coffman.com
ph 818.698.8448
6320 Canoga Avenue, Suite 1300
Woodland Hills, CA 91367
BY DESCRIPTION DATE NO.

REVISIONS

PRELIMINARY

NOT FOR CONSTRUCTION
CUP RESUBMITTAL 04/08/2026CEI
120 60 60 30
FEET SCALE:
0 1 INCH = 60
C6.0
1" = 60'
MWT
JK
MWT
JRA
C6.2
C6.1
LEGEND

PROPERTY LINE

STREET CENTERLINE
EX. ELECTRICAL LINE
EX. FENCE
EX. FIRE SERVICE LINE
EX. GAS LINE
EX. STORM DRAIN MAIN
EX. TELEPHONE LINE
EX. WATER MAIN
EX. SEWER MAIN
EX. RECYCLED WATER MAIN
PROP. SECURITY FENCE
PROP. STORM DRAIN LINE
PROP. WATER LINE
PROP. SEWER LINE
PROP. RECYCLED WATER LINE

PROPOSED LANDSCAPING AREA
(SEE LANDSCAPE PLANS FOR MORE

INFORMATION)

PROPOSED STREETLIGHT

PRELIMINARY

UTILITY PLAN KEY MAP

PROPOSED PROPOSED FIRE HYDRANT

AB AGGREGATE BASE

AC ASPHALT CONCRETE

AUX AUXILIARY

BESS BATTERY ENERGY STORAGE SYSTEM

BLDG BUILDING

CMU CONCRETE MASONRY UNIT

CO CLEANOUT

COMM COMMUNICATIONS

DI DROP INLET

EELECTRICAL
(E) / EX EXISTING

FF FINISH FLOOR ELEVATION

FG FINISHED GRADE

ABBREVIATIONS

FS FINISHED SURFACE

FW FIRE WATER SERVICE

GB GRADE BREAK

INV INVERT
(N) NEW

PCS POWER CONVERSION SYSTEM

PP POWER POLE

PROP PROPOSED

ROW RIGHT OF WAY
SSLOPE

SCE SOUTHERN CALIFORNIA EDISON

SD STORM DRAIN

SDMH STORM DRAIN MANHOLE

SWR SEWER

TEL TELEPHONE

TG TOP OF GRATE

TI TRAFFIC INDEX

TYP TYPICAL

WTR WATER

XFMR TRANSFORMER
1200
BW (N. END,

0.6' N. OF P.L.)

CHAIN LINK FENCE
(0.4' N. OF P.L.)
S
M M
BENSON AVE.

PROPERTY LINE

PROPERTY LINE
DANIELS ST.
1 1
1 1
3 3
7 5
4 8
22 14
14 21
13 2
11 12
20 1710
10 10
16 28.0'

33.0'
18 1
2 2
2 15
8 EXISTING AND ULTIMATE
PROPERTY/ R.O.W LINE
DRAWING NO.

REVIEWED BY:

CHECKED BY:

REVISION NO. DATE: SCALE:

DRAWN BY:

DESIGNED BY:

PROJECT NO.

DRAWING TITLE
25151104/08/2026

DIRAC BESS
13925 BENSON AVE, CHINO, CA 91710

CITY OF CHINO
www.coffman.com
ph 818.698.8448
6320 Canoga Avenue, Suite 1300
Woodland Hills, CA 91367
BY DESCRIPTION DATE NO.

REVISIONS

PRELIMINARY

NOT FOR CONSTRUCTION
CUP RESUBMITTAL 04/08/2026CEI

PRELIMINARY UTILITY PLAN
60 30 30 15
FEET SCALE:
0 1 INCH = 30
C6.1
1" = 30'
MWT
JK
MWT
JRA
MATCHLINE - SEE SHEET C6.2 FOR CONTINUATION
LEGEND

PROPERTY LINE

STREET CENTERLINE
EX. ELECTRICAL LINE
EX. FENCE
EX. FIRE SERVICE LINE
EX. GAS LINE
EX. STORM DRAIN MAIN
EX. TELEPHONE LINE
EX. WATER MAIN
EX. SEWER MAIN
EX. RECYCLED WATER MAIN
PROP. SECURITY FENCE
PROP. STORM DRAIN LINE
PROP. WATER LINE
PROP. SEWER LINE
PROP. RECYCLED WATER LINE

PROPOSED LANDSCAPING AREA
(SEE LANDSCAPE PLANS FOR MORE INFORMATION)

PROPOSED STREETLIGHT

UTILITY KEYNOTES
PROPOSED 6" PVC FIRE WATER LINE
PROPOSED 6" FIRE HYDRANT PER CITY OF CHINO STD. 445A
PROPOSED 6" PVC SEWER LINE PER CITY OF CHINO STD. 500A
CONNECT TO EXISTING SEWER MANHOLE PER CITY OF CHINO STD. 515

PARKWAY LANDSCAPE IRRIGATION POC

DOMESTIC WATER POC FOR PROPOSED O&M BUILDING
PROPOSED 3/4" PVC DOMESTIC WATER LINE

CONNECT TO EXISTING WATER SYSTEM

PROPOSED BACKFLOW PREVENTION ASSEMBLY REDUCED PRESSURE DEVICE FOR RECYCLED WATER 2" AND SMALLER PER CITY OF CHINO STD. 471 PROPOSED 3/4" WATER METER FOR RECYCLED WATER CONSTRUCTED PER CITY OF CHINO STD. 405A

PROPOSED BACKFLOW PREVENTION ASSEMBLY REDUCED PRESSURE DEVICE FOR DOMESTIC WATER 3" AND LARGER PER CITY OF CHINO STD. 472 PROPOSED SEWER CLEANOUT PER CITY OF CHINO STD. 527
PROPOSED GATE VALVE FOR DOMESTIC WATER PER CITY OF CHINO STD. 450

SEWER POC FOR PROPOSED O&M BUILDING
PROPOSED GATE VALVE FOR RECYCLED WATER PER CITY OF CHINO STD. 450 PROPOSED 3/4" PVC RECYCLED WATER LINE
PROPOSED GATE VALVE FOR FIRE WATER PER CITY OF CHINO STD. 450 PROPOSED 3/4" WATER METER FOR DOMESTIC WATER CONSTRUCTED PER CITY OF CHINO STD. 405A

PROPOSED BACKFLOW PREVENTION ASSEMBLY REDUCED PRESSURE DEVICE FOR DOMESTIC WATER 2" AND SMALLER PER CITY OF CHINO STD. 471 1 2
3 4
5 7
8 10
11 12
13 14
15 16
17 18
20 21
22 PROPOSED PROPOSED FIRE HYDRANT

AB AGGREGATE BASE

AC ASPHALT CONCRETE

AUX AUXILIARY

BESS BATTERY ENERGY STORAGE SYSTEM

BLDG BUILDING

CMU CONCRETE MASONRY UNIT

CO CLEANOUT

COMM COMMUNICATIONS

DI DROP INLET

EELECTRICAL
(E) / EX EXISTING

FF FINISH FLOOR ELEVATION

FG FINISHED GRADE

ABBREVIATIONS

FS FINISHED SURFACE

FW FIRE WATER SERVICE

GB GRADE BREAK

INV INVERT
(N) NEW

PCS POWER CONVERSION SYSTEM

PP POWER POLE

PROP PROPOSED

ROW RIGHT OF WAY
SSLOPE

SCE SOUTHERN CALIFORNIA EDISON

SD STORM DRAIN

SDMH STORM DRAIN MANHOLE

SWR SEWER

TEL TELEPHONE

TG TOP OF GRATE

TI TRAFFIC INDEX

TYP TYPICAL

WTR WATER

XFMR TRANSFORMER
1201

TELEPHONE PB

COMMUNICATIONS PBSTREET LIGHT

SEWER MH

FIRE HYDRANT

WATER VALVE

WATER METER

BACK FLOW DEVICE

WATER VALVE

SEWER MH

WATER VALVE

STREET LIGHT

WATER VALVE

FIRE HYDRANT

WATER VALVE

WATER VALVE

WATER VALVE

CONCRETE CURB

W/ 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
688
687
686685

TELEPHONE RISER
M

PROPERTY LINE

PROPERTY LINE
OAKS AVE.
1 1
11 1
1 6
2 1
10 14
11 12
1710
16 30.0'

CL TO EX
ROW

PROPOSED SCE

UNDERGROUND

GEN-TIE
2 2
2 2
20 DRAWING NO.

REVIEWED BY:

CHECKED BY:

REVISION NO. DATE: SCALE:

DRAWN BY:

DESIGNED BY:

PROJECT NO.

DRAWING TITLE
25151104/08/2026

DIRAC BESS
13925 BENSON AVE, CHINO, CA 91710

CITY OF CHINO
www.coffman.com
ph 818.698.8448
6320 Canoga Avenue, Suite 1300
Woodland Hills, CA 91367
BY DESCRIPTION DATE NO.

REVISIONS

PRELIMINARY

NOT FOR CONSTRUCTION
CUP RESUBMITTAL 04/08/2026CEI

PRELIMINARY UTILITY PLAN
60 30 30 15
FEET SCALE:
0 1 INCH = 30
C6.2
1" = 30'
MWT
JK
MWT
JRA
MATCHLINE - SEE SHEET C6.1 FOR CONTINUATION
LEGEND
EX. ELECTRICAL LINE
EX. FENCE
EX. FIRE SERVICE LINE
EX. GAS LINE
EX. STORM DRAIN MAIN
EX. TELEPHONE LINE
EX. WATER MAIN
EX. SEWER MAIN
PROP. SECURITY FENCE
PROP. STORM DRAIN LINE
PROP. WATER LINE
PROP. SEWER LINE
PROP. SCE UNDERGROUND GEN-TIE

AB AGGREGATE BASE

AC ASPHALT CONCRETE

AUX AUXILIARY

BESS BATTERY ENERGY STORAGE SYSTEM

BLDG BUILDING

CMU CONCRETE MASONRY UNIT

CO CLEANOUT

COMM COMMUNICATIONS

DI DROP INLET

EELECTRICAL
(E) / EX EXISTING

FF FINISH FLOOR ELEVATION

FG FINISHED GRADE

ABBREVIATIONS

FS FINISHED SURFACE

FW FIRE WATER SERVICE

GB GRADE BREAK

INV INVERT
(N) NEW

PCS POWER CONVERSION SYSTEM

PP POWER POLE

PROP PROPOSED

ROW RIGHT OF WAY
SSLOPE

SCE SOUTHERN CALIFORNIA EDISON

SD STORM DRAIN

SDMH STORM DRAIN MANHOLE

SWR SEWER

TEL TELEPHONE

TG TOP OF GRATE

TI TRAFFIC INDEX

TYP TYPICAL

WTR WATER

XFMR TRANSFORMER

PROPOSED LANDSCAPING AREA
(SEE LANDSCAPE PLANS FOR MORE INFORMATION)

PROPOSED STREETLIGHT

UTILITY KEYNOTES
PROPOSED 6" PVC FIRE WATER LINE
PROPOSED 6" FIRE HYDRANT PER CITY OF CHINO STD. 445A

PROPOSED DOMESTIC WATER LINE FOR PARKWAY LANDSCAPE

IRRIGATION

CONNECT TO EXISTING WATER SYSTEM

PROPOSED BACKFLOW PREVENTION ASSEMBLY REDUCED PRESSURE
DEVICE FOR RECYCLED WATER 2" AND SMALLER PER CITY OF CHINO STD. 471
PROPOSED 3/4" WATER METER FOR RECYCLED WATER CONSTRUCTED PER CITY OF CHINO STD. 405A
PROPOSED SEWER CLEANOUT PER CITY OF CHINO STD. 527

PROPOSED GATE VALVE FOR RECYCLED WATER PER CITY OF CHINO STD. 450
PROPOSED GATE VALVE FOR FIRE WATER PER CITY OF CHINO STD. 450 1 2
6 10
11 12
14 17
20 PROPOSED PROPOSED FIRE HYDRANT
1202
BW (N. END,

0.6' N. OF P.L.)

CHAIN LINK FENCE
(0.4' N. OF P.L.)

ACCESSACCESS
S
M M
M
6'

EXISTING SCE EASEMENT

TO BE VACATED
BOOK 7750,
PAGE 372, O.R.

BENSON AVE.

RECORD OWNER:

EQUIPMENT VALLEY

INVESTMENTS LLC
APN: 1021-211-06-0000
OAKS AVE.

CL
CL
CL
CL
DANIELS ST.

RECORD OWNER:

REXFORD INDUSTRIAL
13925 BENSON LLC
APN: 1021-211-02-6000
RECORD OWNER:

FREWING PROPERTIES

SOESTERN LLC
APN: 1021-121-11-0000
RECORD OWNER:

FURCOLOW MARIA MARGARET
TRUST ELBERTSE TRUST /96
APN: 1021-121-07-0000
RECORD OWNER:

SHEA CENTER

CHINO LLC
APN: 1021-121-05-0000
RECORD OWNER:

HELMAR INDUSTRIAL

PROPERTIES LLC
APN: 1021-211-05-0000
RECORD OWNER:

SOUTHERN CALIFORNIA EDISON COMPANY
APN: 1021-211-01-0000
10' CMU
WALL,
SEE 1/C7.3

26.00' DOUBLE

SWING GATE,
SEE 2/C7.3

26.00' DOUBLE

SWING GATE,
SEE 2/C7.3
10' CMU
WALL,
SEE 1/C7.3

26.00'

INTERIOR

CHAIN LINK
FENCE

26.00'

INTERIOR

CHAIN LINK
FENCE
10' CMU
WALL,
SEE 1/C7.3

DECORATIVE

PILASTERS SPACED
EVERY 100' AND AT

CORNERS ALONG

PUBLIC ROW

DECORATIVE

PILASTERS SPACED
EVERY 100' AND AT

CORNERS ALONG

PUBLIC ROW
DRAWING NO.

REVIEWED BY:

CHECKED BY:

REVISION NO. DATE: SCALE:

DRAWN BY:

DESIGNED BY:

PROJECT NO.

DRAWING TITLE
25151104/08/2026

DIRAC BESS
13925 BENSON AVE, CHINO, CA 91710

CITY OF CHINO
www.coffman.com
ph 818.698.8448
6320 Canoga Avenue, Suite 1300
Woodland Hills, CA 91367
BY DESCRIPTION DATE NO.

REVISIONS

PRELIMINARY

NOT FOR CONSTRUCTION
CUP RESUBMITTAL 04/08/2026CEI

PRELIMINARY FENCING KEY MAP
120 60 60 30
FEET SCALE:
0 1 INCH = 60
C7.0
1" = 60'
MWT
JK
MWT
JRA
C7.2
C7.1
1203
S
M M
BENSON AVE.

PROPERTY LINE

PROPERTY LINE
DANIELS ST.
10' CMU
WALL,
SEE 1/C7.3

26.00' DOUBLE

SWING GATE,
SEE 2/C7.3

DECORATIVE

PILASTERS SPACED
EVERY 100' AND AT

CORNERS ALONG

PUBLIC ROW

33.0'

CL TO EX ROW
DRAWING NO.

REVIEWED BY:

CHECKED BY:

REVISION NO. DATE: SCALE:

DRAWN BY:

DESIGNED BY:

PROJECT NO.

DRAWING TITLE
25151104/08/2026

DIRAC BESS
13925 BENSON AVE, CHINO, CA 91710

CITY OF CHINO
www.coffman.com
ph 818.698.8448
6320 Canoga Avenue, Suite 1300
Woodland Hills, CA 91367
BY DESCRIPTION DATE NO.

REVISIONS

PRELIMINARY

NOT FOR CONSTRUCTION
CUP RESUBMITTAL 04/08/2026CEI

PRELIMINARY FENCING PLAN
60 30 30 15
FEET SCALE:
0 1 INCH = 30
C7.1
1" = 30'
MWT
JK
MWT
JRA
LEGEND

PROPERTY LINE

STREET CENTERLINE
EX. ELECTRICAL LINE
EX. FENCE
EX. FIRE SERVICE LINE
EX. GAS LINE
EX. STORM DRAIN MAIN
EX. TELEPHONE LINE
EX. WATER MAIN
EX. SEWER MAIN
PROP. SECURITY FENCE
PROP. STORM DRAIN LINE
PROP. WATER LINE
PROP. SEWER LINE
PROP. CMU WALL

PROPOSED HEAVY DUTY VEHICULAR ASPHALT
PAVEMENT 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 CONCRETE

PAVEMENT

AB AGGREGATE BASE

AC ASPHALT CONCRETE

AUX AUXILIARY

BESS BATTERY ENERGY STORAGE SYSTEM

BLDG BUILDING

CMU CONCRETE MASONRY UNIT

CO CLEANOUT

COMM COMMUNICATIONS

DI DROP INLET

EELECTRICAL
(E) / EX EXISTING

FF FINISH FLOOR ELEVATION

FG FINISHED GRADE

ABBREVIATIONS

FS FINISHED SURFACE

FW FIRE WATER SERVICE

GB GRADE BREAK

INV INVERT
(N) NEW

PCS POWER CONVERSION SYSTEM

PP POWER POLE

PROP PROPOSED

ROW RIGHT OF WAY
SSLOPE

SCE SOUTHERN CALIFORNIA EDISON

SD STORM DRAIN

SDMH STORM DRAIN MANHOLE

SWR SEWER

TEL TELEPHONE

TG TOP OF GRATE

TI TRAFFIC INDEX

TYP TYPICAL

WTR WATER

XFMR TRANSFORMER
1204

ACCESSACCESS
685
688
687
686685
M

PROPERTY LINE

PROPERTY LINE
OAKS AVE.

RECORD OWNER:

EQUIPMENT VALLEY INVESTMENTS LLC
APN: 1021-211-06-0000
CL
CL
RECORD OWNER:

SHEA CENTER

CHINO LLC
APN: 1021-121-05-0000
RECORD OWNER:

HELMAR INDUSTRIAL

PROPERTIES LLC
APN: 1021-211-05-0000

26.00' DOUBLE

SWING GATE,
SEE 2/C7.3
10' CMU
WALL,
SEE 1/C7.3

26.00'

INTERIOR

CHAIN LINK
FENCE

26.00'

INTERIOR

CHAIN LINK
FENCE
10' CMU
WALL,
SEE 1/C7.3

DECORATIVE

PILASTERS SPACED
EVERY 100' AND AT

CORNERS ALONG

PUBLIC ROW

30.0'

CL TO EX
ROW

33.0'
CL TO

ULTIMATE
ROW
DRAWING NO.

REVIEWED BY:

CHECKED BY:

REVISION NO. DATE: SCALE:

DRAWN BY:

DESIGNED BY:

PROJECT NO.

DRAWING TITLE
25151104/08/2026

DIRAC BESS
13925 BENSON AVE, CHINO, CA 91710

CITY OF CHINO
www.coffman.com
ph 818.698.8448
6320 Canoga Avenue, Suite 1300
Woodland Hills, CA 91367
BY DESCRIPTION DATE NO.

REVISIONS

PRELIMINARY

NOT FOR CONSTRUCTION
CUP RESUBMITTAL 04/08/2026CEI

PRELIMINARY FENCING PLAN
60 30 30 15
FEET SCALE:
0 1 INCH = 30
C7.2
1" = 30'
MWT
JK
MWT
JRA
MATCHLINE - SEE SHEET C3.1 FOR CONTINUATION
LEGEND

PROPERTY LINE

STREET CENTERLINE
EX. ELECTRICAL LINE
EX. FENCE
EX. FIRE SERVICE LINE
EX. GAS LINE
EX. STORM DRAIN MAIN
EX. TELEPHONE LINE
EX. WATER MAIN
EX. SEWER MAIN
PROP. SECURITY FENCE
PROP. STORM DRAIN LINE
PROP. WATER LINE
PROP. SEWER LINE
PROP. CMU WALL

PROPOSED HEAVY DUTY VEHICULAR ASPHALT
PAVEMENT 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 CONCRETE

PAVEMENT

AB AGGREGATE BASE

AC ASPHALT CONCRETE

AUX AUXILIARY

BESS BATTERY ENERGY STORAGE SYSTEM

BLDG BUILDING

CMU CONCRETE MASONRY UNIT

CO CLEANOUT

COMM COMMUNICATIONS

DI DROP INLET

EELECTRICAL
(E) / EX EXISTING

FF FINISH FLOOR ELEVATION

FG FINISHED GRADE

ABBREVIATIONS

FS FINISHED SURFACE

FW FIRE WATER SERVICE

GB GRADE BREAK

INV INVERT
(N) NEW

PCS POWER CONVERSION SYSTEM

PP POWER POLE

PROP PROPOSED

ROW RIGHT OF WAY
SSLOPE

SCE SOUTHERN CALIFORNIA EDISON

SD STORM DRAIN

SDMH STORM DRAIN MANHOLE

SWR SEWER

TEL TELEPHONE

TG TOP OF GRATE

TI TRAFFIC INDEX

TYP TYPICAL

WTR WATER

XFMR TRANSFORMER
1205

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
1206
S
BENSON AVE.

OAKS AVE.

M M
M
S
DRAWING NO.

REVIEWED BY:

CHECKED BY:

REVISION NO. DATE: SCALE:

DRAWN BY:

DESIGNED BY:

PROJECT NO.

DRAWING TITLE
25151104/08/2026

DIRAC BESS
13925 BENSON AVE, CHINO, CA 91710

CITY OF CHINO
www.coffman.com
ph 818.698.8448
6320 Canoga Avenue, Suite 1300
Woodland Hills, CA 91367
BY DESCRIPTION DATE NO.

REVISIONS

PRELIMINARY

NOT FOR CONSTRUCTION
CUP RESUBMITTAL 04/08/2026CEI

PUBLIC IMPROVEMENT KEY MAP
120 60 60 30
FEET SCALE:
0 1 INCH = 60
C8.0
1" = 60'
MWT
JK
MWT
JRA
C8.2
C8.1
C8.3
120 60 60 30
FEET SCALE:
0 1 INCH = 60
2
21'

1.5

7.0'5.0'
12'
5' PROP. SIDEWALK EX. CURB &
GUTTER
PROP. PARKWAY

LANDSCAPING
EX. AC

PAVEMENT
BENSON AVE.

SECTION A-A
33'
2
21'
EX. R/W
12'
EX. LANDSCAPING
66' EXISTING RIGHT OF WAY
33'
33'
22'
EX. R/W
11'
EX. CURB &
GUTTER
EX. LANDSCAPING
EX. AC

PAVEMENT
OAKS AVE.

SECTION C-C
33'
2
22'

1.5
66' PROPOSED RIGHT OF WAY
2
EX. SIDEWALK
5' PROP. SIDEWALK

8.0'
AA
B B
PROP. PARKWAY LANDSCAPE

8.0'
D D
PROP
R/W
EX
R/W
3' 5.0'
PROP. / EX.

R/W
C C
OAKS AVE.

SECTION B-B
33'
22'
EX. R/W
11'
EX. CURB &
GUTTER
EX. LANDSCAPING
EX. AC

PAVEMENT
33'
2
22'

1.5
66' PROPOSED RIGHT OF WAY
2
5' PROP. SIDEWALK

5.0'
PROP. PARKWAY LANDSCAPE

6.0'
EX. CURB &
GUTTER

8.0'
EX. R/W PROP.

R/W3.0'
OAKS AVE.

SECTION D-D
33'
22'
EX. R/W
11'
EX. CURB &
GUTTER
EX. LANDSCAPING
EX. AC

PAVEMENT
33'
2
22'

1.5
66' PROPOSED RIGHT OF WAY
2
5' PROP. SIDEWALK

5.0'
PROP. PARKWAY LANDSCAPE

6.0'
EX. CURB &
GUTTER

8.0'
EX. R/W PROP.

R/W3.0'

19.0'
1207
S
BENSON AVE.

PROPERTY LINE

PROPERTY LINE
DANIELS ST.

M M

26.0'

33.0'

20.9'
S
2 3
3 4
3 3
1 PROPERTY LINE

THERE WILL BE A SEPARATE STREET PLAN

PREPARED FOR SIDEWALK, CURB RAMP, AND

CROSSWALK IMPROVEMENT PER INFORMATION
FROM RECORD DRAWING AA-5984.
21'

CL TO CURB

26.0'

EXISTING AND ULTIMATE
PROPERTY/ R.O.W LINE

33.0'
CL TO

ULTIMATE
ROW

7.0'

5.0'
BENSON AVE.BENSON AVE.

DRAWING NO.

REVIEWED BY:

CHECKED BY:

REVISION NO. DATE: SCALE:

DRAWN BY:

DESIGNED BY:

PROJECT NO.

DRAWING TITLE
25151104/08/2026

DIRAC BESS
13925 BENSON AVE, CHINO, CA 91710

CITY OF CHINO
www.coffman.com
ph 818.698.8448
6320 Canoga Avenue, Suite 1300
Woodland Hills, CA 91367
BY DESCRIPTION DATE NO.

REVISIONS

PRELIMINARY

NOT FOR CONSTRUCTION
CUP RESUBMITTAL 04/08/2026CEI

PUBLIC IMPROVEMENT PLAN
60 30 30 15
FEET SCALE:
0 1 INCH = 30
C8.1
1" = 30'
MWT
JK
MWT
JRA
LEGEND
PROP. SECURITY FENCE PER ON-SITE IMPROVEMENTS
PROP. STORM DRAIN LINE PER ON-SITE IMPROVEMENTS
PROP. WATER LINE PER ON-SITE IMPROVEMENTS
PROP. SEWER LINE PER ON-SITE IMPROVEMENTS
PROP. CMU WALL PER ON-SITE IMPROVEMENTS
PROPOSED SIDEWALK PER CITY OF CHINO STD. 230

AB AGGREGATE BASE

AC ASPHALT CONCRETE

AUX AUXILIARY

BESS BATTERY ENERGY STORAGE SYSTEM

BLDG BUILDING

CMU CONCRETE MASONRY UNIT

CO CLEANOUT

COMM COMMUNICATIONS

DI DROP INLET

EELECTRICAL
(E) / EX EXISTING

FF FINISH FLOOR ELEVATION

FG FINISHED GRADE

ABBREVIATIONS
MATCHLINE - SEE SHEET C8.2 FOR CONTINUATION

FS FINISHED SURFACE

FW FIRE WATER SERVICE

GB GRADE BREAK

INV INVERT
(N) NEW

PCS POWER CONVERSION SYSTEM

PP POWER POLE

PROP PROPOSED

ROW RIGHT OF WAY
SSLOPE

SCE SOUTHERN CALIFORNIA EDISON

SD STORM DRAIN

SDMH STORM DRAIN MANHOLE

PROPOSED LANDSCAPING AREA
(SEE LANDSCAPE PLANS FOR MORE INFORMATION)

SWR SEWER

TEL TELEPHONE

TG TOP OF GRATE

TI TRAFFIC INDEX

TYP TYPICAL

WTR WATER

XFMR TRANSFORMER

PROPOSED ENHANCED HEAVY-DUTY CONCRETE

PAVEMENT

SITE KEYNOTES
DRIVEWAY SHALL BE CONSTRUCTED PER CITY OF CHINO STD. 250. FOR

COMMERCIAL/INDUSTRIAL DRIVEWAYS
PROPOSED 6.0'-WIDE PUBLIC SIDEWALK CONSTRUCTED PER CITY OF CHINO STD. 230
PROPOSED CURB RAMP DIRECTIONAL PERPENDICULAR PER NO. 1111 PROPOSED PUBLIC STREETLIGHT. FINAL LOCATION TO BE DETERMINED AND

VERIFICATION FOR PROPER LIGHTING UPON FURTHER COORDINATION WITH CITY.
1 2
3 4
1208

PROPERTY LINE

PROPERTY LINE
OAKS AVE.

M

6.0'
3' STREET DEDICATION

ULTIMATE PROPERTY LINE
4 1

22.0'

CL TO CURB

30.0'

CL TO EX
ROW

5.0'

5.0'
3' STREET

DEDICATION

ULTIMATE

PROPERTY LINE

EXISTING

PROPERTY LINE

33.0'
CL TO

ULTIMATE
ROW

13.0'

SIDEWALK

EASEMENT TO

BE PROVIDED

FOR PRIVATE

PROPERTY

SEE PUBLIC

IMPROVEMENTS SOUTH
PER SHEET C8.3
DRAWING NO.

REVIEWED BY:

CHECKED BY:

REVISION NO. DATE: SCALE:

DRAWN BY:

DESIGNED BY:

PROJECT NO.

DRAWING TITLE
25151104/08/2026

DIRAC BESS
13925 BENSON AVE, CHINO, CA 91710

CITY OF CHINO
www.coffman.com
ph 818.698.8448
6320 Canoga Avenue, Suite 1300
Woodland Hills, CA 91367
BY DESCRIPTION DATE NO.

REVISIONS

PRELIMINARY

NOT FOR CONSTRUCTION
CUP RESUBMITTAL 04/08/2026CEI

PUBLIC IMPROVEMENT PLAN
60 30 30 15
FEET SCALE:
0 1 INCH = 30
C8.2
1" = 30'
MWT
JK
MWT
JRA
MATCHLINE - SEE SHEET C8.3 FOR CONTINUATION

AB AGGREGATE BASE

AC ASPHALT CONCRETE

AUX AUXILIARY

BESS BATTERY ENERGY STORAGE SYSTEM

BLDG BUILDING

CMU CONCRETE MASONRY UNIT

CO CLEANOUT

COMM COMMUNICATIONS

DI DROP INLET

EELECTRICAL
(E) / EX EXISTING

FF FINISH FLOOR ELEVATION

FG FINISHED GRADE

ABBREVIATIONS

FS FINISHED SURFACE

FW FIRE WATER SERVICE

GB GRADE BREAK

INV INVERT
(N) NEW

PCS POWER CONVERSION SYSTEM

PP POWER POLE

PROP PROPOSED

ROW RIGHT OF WAY
SSLOPE

SCE SOUTHERN CALIFORNIA EDISON

SD STORM DRAIN

SDMH STORM DRAIN MANHOLE

SWR SEWER

TEL TELEPHONE

TG TOP OF GRATE

TI TRAFFIC INDEX

TYP TYPICAL

WTR WATER

XFMR TRANSFORMER

SITE KEYNOTES

DRIVEWAY SHALL BE CONSTRUCTED PER CITY OF CHINO
STD. 250. FOR COMMERCIAL/INDUSTRIAL DRIVEWAYS
PROPOSED PUBLIC STREETLIGHT. FINAL LOCATION TO BE

DETERMINED AND VERIFICATION FOR PROPER LIGHTING
UPON FURTHER COORDINATION WITH CITY.
1 4
LEGEND
PROP. SECURITY FENCE PER ON-SITE IMPROVEMENTS
PROP. STORM DRAIN LINE PER ON-SITE IMPROVEMENTS
PROP. WATER LINE PER ON-SITE IMPROVEMENTS
PROP. SEWER LINE PER ON-SITE IMPROVEMENTS
PROP. CMU WALL PER ON-SITE IMPROVEMENTS

PROPOSED LANDSCAPING AREA
(SEE LANDSCAPE PLANS FOR MORE INFORMATION)

PROPOSED ENHANCED HEAVY-DUTY CONCRETE

PAVEMENT
PROPOSED SIDEWALK PER CITY OF CHINO STD. 230
1209
E
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. ACPAVEMENT33'222'1.566' 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. ACPAVEMENT30'222'1.560' EXISTING RIGHT OF WAY2 EX. PARKWAY LANDSCAPEEX. CURB &GUTTER

8.0'EX. R/W
1210
M M
M

ACCESSACCESS
685
688
687
686685
680
681
682
683 683
682 683 684
682
683682
681
684
685
686
687
686
687
687
686
687 687
688
688
688 688
690
688
686
684
E
S
OAKS AVE.

FREEDOM CT.
6'

EXISTING SCE EASEMENT

TO BE VACATED
BOOK 7750,
PAGE 372, O.R.

BENSON AVE.

OAKS AVE.

CL
CL
CL
CL
DANIELS ST.

RECORD OWNER:

REXFORD INDUSTRIAL
13925 BENSON LLC
APN: 1021-211-02-6000
RECORD OWNER:

SOUTHERN CALIFORNIA EDISON COMPANY
APN: 1021-211-01-0000
45It Bus Design VeKiFle
45It Bus Design VeKiFle
45It Bus Design VeKiFle

8.5'

45.0'
DRAWING NO.

REVIEWED BY:

CHECKED BY:

REVISION NO. DATE: SCALE:

DRAWN BY:

DESIGNED BY:

PROJECT NO.

DRAWING TITLE
25151104/08/2026

DIRAC BESS
13925 BENSON AVE, CHINO, CA 91710

CITY OF CHINO
www.coffman.com
ph 818.698.8448
6320 Canoga Avenue, Suite 1300
Woodland Hills, CA 91367
BY DESCRIPTION DATE NO.

REVISIONS

PRELIMINARY

NOT FOR CONSTRUCTION
CUP RESUBMITTAL 04/08/2026CEI

TRUCK TURN EXHIBIT
100 50 50 25
FEET SCALE:
0 1 INCH = 50
1" = 60'
ZAKB
C9.0

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 0.965It
VeKiFle TUaFNing V25.00.2775
20240226

F
AutodesN, InF. ZZZ.AutodesN.FoP
Title:
45It Bus Design VeKiFle
Notes:

TuUn
s
Eased uSon a design sSeed oI 5.00PSK.
1211
BENSON AVE.

OAKS AVE.

BENSON AVE.

OAKS AVE.

NORTH
60'120' 0
EMERGENCY RESPONSE PLAN IS FOR THE BESS YARD ONLY. THE

FOLLOWING IS A HIGH-LEVEL OVERVIEW OF THE RESPONSE
PLAN. REFER TO THE EMERGENCY RESPONSE PLAN REPORT LOCATED WITHIN THE FCC NEMA ENCLOSURE FOR COMPLETE PROCEDURES.

ADDRESS:13925 BENSON AVE., 13822 OAKS AVE. & 13910
OAKS AVE. CHINO, CA 91710
PARCEL:APN: 1021-211-02-6000, 1021-121-05-0000, &
1021-211-05-0000
ZONING:CURRENTLY, M-2 (GENERAL INDUSTRIAL)

DEVELOPMENT
DISTURBED AREA: 7.7 ACRES (BESS YARD)

PROJECT INFORMATION
SITE

1. FIRE ACCESS: 26 FOOT MINIMUM ACCESS ROAD WIDTH WITH

13.5 FEET VERTICAL CLEARANCE HEIGHT.

2. TURNING RADIUS OF 28 FEET INSIDE AND 54 FEET OUTSIDE.

3. ACCESS ROAD SURFACE IS CAPABLE OF SUPPORTING FIRE
TRUCKS/ EQUIPMENT WEIGHING UP TO 75,000 POUNDS.

4. ACCESS ROAD IS LOCATED TO ALLOW FOR 150 FT HOSE PULL

DISTANCES TO ALL EXTERIOR PORTIONS OF THE BESS
ENCLOSURES.

5. FIRE HYDRANT SPACING LENGTH SHALL NOT EXCEED 600

FEET FOR GROUP U OCCUPANCIES

6. MANUAL PULLSTATIONS WILL BE MOUNTED WITHIN THE FCC
NEMA 4 ENCLOSURE.

7. FCC WHICH CONTAINS THE FIRE ALARM CONTROL PANEL
(FACP) IS LOCATED AT LEAST 75FT AWAY FROM NEAREST
BESS ENCLOSURE.

8. ENCLOSURE CABINETS ARE UNOCCUPIABLE. DO NOT OPEN IN
AN EMERGENCY EVENT.

BATTERY ENCLOSURE

1. 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 69

2. EACH ESS ENCLOSURE WILL NOT HAVE THE FOLLOWING (PER
UL9540A 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 EMERGENCY911

CANYON RIDGE HOSPITAL
MEDICAL HEALTH CLINIC(909) 590-3700
AYPA REMOTE OPERATION CONTROL CENTER (713) 320-0896

EMERGENCY CONTACTS

BATTERY ENCLOSURE INFORMATION
BATTERY SYSTEM: SUNGROW (LI-ION BATTERIES)
MODEL: POWERTITAN 2.0
NOMINAL BATTERY CAPACITY PER ENCLOSURE: 5015 kWh
BATTERY INCLUDING AUGMENTATION (QTY): 684
MV TRANSFORMER (QTY):86

FIRE HYDRANT SPACING

PROPERTY LINE
FENCE
10 FOOT HIGH CMU WALL

ENERGY STORAGE SYSTEM (ESS)

ENCLOSURE

MEDIUM VOLTAGE TRANSFORMER
(MVT)

LANDSCAPING AREA
(SEE LANDSCAPE PLANS FOR MORE

INFORMATION)
CFC § 1207.4.8 & NFPA 855 § 4.7.4.2 BATTERY ENCLOSURE

SIGNAGE PROVIDED AT EACH SITE ENTRANCE OPEN TO THE
BESS YARD - PER ANSI Z535 STANDARDS:

HAZARDOUS MATERIAL SIGNAGE
10'20' 0

PROPOSED FIRE HYDRANT

FIRE DEPARTMENT

STAGING AREA

FIRE COMMAND CENTER (FCC)

BATTERY

ENCLOSUREPCS

EXISTING FIRE HYDRANT

FIRE DEPARTMENT

STAGING AREA
15'-0"

FIRE ACCESS BOX FOR KEYED ENTRYKEY

ENERGY STORAGE

SYSTEMS

LITHIUM ION BATTERY

BATTERY ENERGIZED

ELECTRICAL CIRCUITS

SCE EMERGENCY CENTER
(800) 611-1911
2'-0"
1'-6"
1½" TEXT SIZE
1" TEXT SIZE

ALUMINUM SIGN WITH

UV RESISTANT PRINT

PROTECTION

O&M BUILDING
6'-63
4" 6'-63
4"
6"
SCALE: 1" = 60'-0"
OVERALL BESS YARD SITE MAP1
SCALE: 1' = 10'-0"
TYPICAL BATTERY ROW SPACING2
FCC
6'-63
4"

BATTERY

AUGMENTATION
6"
5'-7"
545 FT
584 FT
402 FT
455 FT
538 FT
277 FT
431 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 AREA ESS YARD AREA

SHADED ESS GROUPS REPRESENT

FUTURE AUGMENTATION
(TYPICAL)

ACCESS DRIVE SURFACING

X X X X
123'-51
2"

MAX HOSE PULL

TO CENTER
381 FT
SIGNAGE PROVIDED AT EACH FIRE ACCESS GATE ENTRANCE TO THE SITE.

SIGNAGE SHALL BE ELECTRICALLY ILLUMINATED (BY 12-VOLT POWER SOURCE ONLY) BY INTERNAL MEANS DURING THE HOURS OF DARKNESS:
13822

OAKS AVE
CHINO, CA 91710

ADDRESS NUMBER
SHALL BE 8" HIGH
WITH 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 TITLE
25151104/08/2026

DIRAC BESS
13925 BENSON AVE, CHINO, CA 91710

CITY OF CHINO
www.coffman.com
ph 818.698.8448
6320 Canoga Avenue, Suite 1300
Woodland Hills, CA 91367
BY DESCRIPTION DATE NO.

REVISIONS

PRELIMINARY

NOT FOR CONSTRUCTION
CUP RESUBMITTAL 04/08/2026CEI
FMP

FIRE MASTER PLAN

AS NOTED
JAR
JAR
MSG
MSG
1212

MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: SEPTEMBER 15, 2026

TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, DIRECTOR OF PUBLIC WORKS

SUBJECT
..titl e
Establish a New Capital Improvement Program (CIP) Project ST273 - Edison Avenue Ultimate Improvements and Cypress Creek Trail Extension, and Award a Professional Service Agreement for Engineering Design Services.
..end

RECOMMENDATION
..recommendation
1) Establish project ST273 - Edison Avenue Ultimate Improvements and Cypress Creek Trail Extension and appropriate $170,906.50 from the Road Maintenance and Rehabilitation Fund (327) and $200,000 of Measure I Fund (322); 2) award a professional services agreement for $370,906.50 to HR Green Pacific, Inc., Corona, CA for Engineering Design Services; and 3) authorize the City Manager to execute all necessary documents on behalf of the City. ..body

FISCAL IMPACT
Requires an appropriation of $170,906.50 from the available fund balance of the Road Maintenance and Rehabilitation Fund (327) and $200,000 from the available fund balance of the Measure I Fund (322), as shown in the table below:

Edison Ave Ultimate Improvements and Cypress Creek Trail Extension (ST273) Funding Source Appropriation
Fund 327 – Road Maintenance and Rehabilitation (RMRA) $170,906.50 Fund 322 – Measure I $200,000.00
*Total Design Budget: $370,906.50
*Total reflects design costs only; staff will request construction funding upon completion of design.

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

1213
CITY COUNCIL MEETING DATE: SEPTEMBER 15, 2026
TITLE: ESTABLISH A NEW CAPITAL IMPROVEMENT PROGRAM (CIP) PROJECT ST273 -

EDISON AVENUE ULTIMATE IMPROVEMENTS AND CYPRESS CREEK TRAIL EXTENSION,

AND AWARD A PROFESSIONAL SERVICE AGREEMENT FOR ENGINEERING DESIGN SERVICES.

PAGE: 2

Revenue: Click or tap here to enter text.

Expenditure: 3227190 – 40010 – ST273
3277102 – 40010 – ST273
Transfer In:

Transfer Out: Click or tap here to enter text.
1214
CITY COUNCIL MEETING DATE: SEPTEMBER 15, 2026
TITLE: ESTABLISH A NEW CAPITAL IMPROVEMENT PROGRAM (CIP) PROJECT ST273 -

EDISON AVENUE ULTIMATE IMPROVEMENTS AND CYPRESS CREEK TRAIL EXTENSION,

AND AWARD A PROFESSIONAL SERVICE AGREEMENT FOR ENGINEERING DESIGN SERVICES.

PAGE: 3

BACKGROUND
The Public Works Department oversees the pavement maintenance of approximately 250 centerline-miles of roadway inclusive of Euclid Avenue (Relinquished to the City in May 2026).

The pavement improvement program includes planning, design, and construction oversight for treatments ranging from slurry seals to full -depth reconstruction, as well as restoring pavement surfaces following utility work. In 2022, the City retained a consultant to assess street conditions, assign them a score, and evaluate the overall state of the pavement network. These assessments are updated annually by City staff as projects are completed. At the time of evaluation, the City’s average network Pavement Condition Index (PCI) score was 70.

The City’s current network average PCI score is 72 relying primarily on Measure I and Road Maintenance and Rehabilitation Account (RMRA) revenues, totaling roughly $4 million annually.

An additional $1 million in General Fund resources supports City crews performing pothole repairs, striping maintenance, and associated contracted concrete work contributing to the betterment of the pavement network.

At the City Council Workshop on September 20, 2022, the Council first reviewed the findings of the City’s Pavement Management Inventory Program, learning that $12M in expenditures would be required to improve the City’s network PCI score from 70 to 75.

At the Budget Workshop on June 13, 2023, staff noted that the City’s budget provides approximately $5 million annually for pavement management. This creates an annual funding gap of roughly $7 million if Council desired a PCI score of 75. In response, Council directed staff to develop a Capital Improvement Program (CIP) plan that would invest an additional $21 million over the next two fiscal years to improve street conditions citywide.

On July 6, 2023, staff presented a “pilot program ” to the Infrastructure/Streets Committee, followed by a presentation to City Council on July 18, 2023, for design -build and staggered construction contracts. The recommendation established, ST241 Local Street Rehabilitation – Phase 1, intended to address pavement rehabilitation while meeting the City’s Policy on Accessible Facilities in the Public Right of Way. The project relied on existing City -standard ramp layouts and intersection exhibits, eliminating the need for engineering design plans. While this approach increased FY 2024 –25 spending by approximately $4 million and supported immediate pavement improvements, it is not a sustainable long -term strategy. Proceeding without design plans limits the City’s ability to document completed work and increases contractor risk, which can lead to less competitive bids and fewer contractors willing to participate.

At the 2024 Council Goal Setting workshop, and again at the Study Session held on May 13, 2025, Council concurred with the Capital Improvement Zone appr oach of cycling through zones for design and construction to maximize available CIP pavement funding and minimize unnecessary mobilization costs covering the whole City in one contract. This cyclical, zone-based implementation strategy also incorporates pr edictable scheduling and equitable maintenance throughout the roadway network.

During the summer of 2025, multiple residents with properties backing Edison Avenue raised concerns regarding deteriorating pavement conditions on Edison Avenue between Cypress Avenue and Euclid Avenue. Residents noted that Edison Avenue’s designation as a truck route exacerbates the issue, reporting that semi -truck traffic causes significant vibrations to adjacent 1215
CITY COUNCIL MEETING DATE: SEPTEMBER 15, 2026
TITLE: ESTABLISH A NEW CAPITAL IMPROVEMENT PROGRAM (CIP) PROJECT ST273 -

EDISON AVENUE ULTIMATE IMPROVEMENTS AND CYPRESS CREEK TRAIL EXTENSION,

AND AWARD A PROFESSIONAL SERVICE AGREEMENT FOR ENGINEERING DESIGN SERVICES.

PAGE: 4

properties as vehicles traverse the failing asphalt. Council has also previously inquired about the timing of pavement improvements for Edison Avenue east of Central Avenue.

Edison Avenue east of Central Avenue is located within Capital Improvement Zone 2. In response to resident concerns and consistent with Council re quests, staff evaluated pavement conditions, estimated repair costs, and identified the need to prioritize this segment within the Zone 2 work plan. This effort led to scoping the “Pavement Improvements Zone 2” project to include the segment of Edison Avenue from 200 feet east of Cypress Avenue to Euclid Avenue, identifying RMRA funds as the primary funding source. In April 2026, staff released a Request for Proposals, evaluated submissions, and identified HR Green Pacific, Inc. as the highest-ranked consultant to prepare engineering design services.

On June 2, 2026, City Council convened for the FY 2026 -27 Budget Workshop to review proposed programming for the upcoming fiscal year. The Edison Avenue Pavement Improvements Project was introduced and highlight ed by staff due to its significant limits, accelerated schedule, and investment in maintaining the City’s roadway infrastructure. Council primarily inquired if pavement material options had already been determined given the corridor’s function as a truck route. Staff took note of Council’s request to consider concrete. Staff shared that the project limits were identified in a CalRecycle grant that the City was awarded to offset construction costs for utilizing rubberized asphalt pavement (sourced from Calif ornia recycled tires), a material that dampens roadway noise and aligns with the City and County’s standards for arterial corridors of this type.

Later that day, at the regularly scheduled City Council meeting, staff presented the project formally with a r ecommendation to establish the project as a CIP prior to the close of FY 2025 - 26 to award the design services contract and initiate the accelerated timeline. The project was presented as “Pavement Improvements Zone 2 (Edison Avenue and Chino Avenue).” As s taff further shared the project boundaries, Council requested an opportunity to expand the scope to include new pedestrian connectivity on the east leg of Edison Avenue and Cypress Avenue intersection, including traffic signal upgrades to establish a cross walk and extension of access northward approximately 1,200 feet to connect to the terminus of the existing Cypress Creek Trail. Following discussion, Council directed staff to review the proposed scope with the Infrastructure/Streets Committee prior to returning to Council for establishment of the project.

ISSUES/ANALYSIS
On July 6, 2026, the Infrastructure/Streets Committee reviewed additional information regarding the project’s proposed limits and scope. Staff outlined the existing right -of-way const raints relative to Edison Avenue’s master -planned configuration as a six -lane corridor with parkway and pedestrian facilities on both sides. Portions of the corridor already meet the ultimate width and include parkways and sidewalks (from approximately 900 feet east of Cypress Avenue to 300 feet west of Euclid Avenue). To achieve ultimate build -out width, a total span of 1,200 feet would require right -of-way dedication or acquisition, directly impacting four properties. The right-of-way depth ranges for the se four properties from approximately 10 to 22 feet. The Committee requested that staff evaluate the project within the context of the future six -lane corridor with parkway and pedestrian facilities on both sides of the street. 1216
CITY COUNCIL MEETING DATE: SEPTEMBER 15, 2026
TITLE: ESTABLISH A NEW CAPITAL IMPROVEMENT PROGRAM (CIP) PROJECT ST273 -

EDISON AVENUE ULTIMATE IMPROVEMENTS AND CYPRESS CREEK TRAIL EXTENSION,

AND AWARD A PROFESSIONAL SERVICE AGREEMENT FOR ENGINEERING DESIGN SERVICES.

PAGE: 5

To support this long -range corridor planning effort, staff requested an updated design scope from HR Green Pacific, Inc. that reflects both the original pavement improvements and ADA compliant curb ramp designs now within an ultimate six -lane roadway width footprint, identifies associated right -of-way needs, incorporates traffic signal upgrades at the Cypress Avenue intersection to allow a north –south crossing on the east leg, and extends the Cypress Creek Trail approximately 1,200 feet north to the intersection. The expanded scope o f services does not include preparation of legal documents for real property appraisals and fee negotiations as this would require Council action before proceeding and an appropriation from General Fund.

Residents continue to request status updates regardi ng Edison Avenue pavement improvements, originally scoped and highlighted in the Budget Workshop as a paving project planned to complete construction in June 2027. As design progresses, staff will return to Council with an updated cost estimate, defined ac quisition needs, and recommendations for next steps. Staff are not yet able to define a revised construction timeline due to the nature of the expanded limits of work. As design continues, staff will evaluate options for phasing construction so that the project does not become cost prohibitive.

Because project ST273 now extends beyond the approved Pavement Improvement Program strategy for rehabilitation, additional design funds outside the Road Maintenance and Rehabilitation Program (SB 1 RMRA) are needed. Measure I funds are eligible for design work related to the pedestrian improvements and traffic signal upgrades.

On April 9, 2026, Public Works staff solicited an informal Request for Proposals (RFP) from the Master On -Call consultant list (RFP No. 2023 -3003) to four (4) firms for Civil Engineering Professional Services. The City received three (3) proposals by the closing date of April 23, 2026. The proposals were evaluated and ranked based on the following criteria:
 Experience/Qualifications
 Past Performance/References
 Plan Methodology/Project Approach
 Quality and Responsiveness of Proposal
 Cost Evaluation

Following evaluation, HR Green Pacific, Inc. received the highest score and is recommended for the contract award. Staff recommend that the City Council establish Project No. ST273 – Edison Avenue Ultimate Improvements and Cypress Creek Trail Extension, and appropriate $370,907 of available reserves to the project budget. Staff further recommend awarding a Professional Services Agreement to HR Gree n Pacific, Inc. in the amount of $370,906.50 for Engineering Design Services for Project ST273.

To maintain the City’s PCI goal of 72, staff recognize the urgency to proceed with an annual paving project in Zone 2. The scope of that project is further identified in a separate Staff Report requiring separate council action.

Accessibility
The project’s roadway widening scope and pavement improvements impact the public’s access- to and alters the public’s usability of pedestrian facilities at seven (7) inters ections within the Edison Avenue corridor. The design scope includes upgrading the pedestrian facilities to ADA compliance. Additionally, the project design scope includes adding sidewalk where sidewalk 1217
CITY COUNCIL MEETING DATE: SEPTEMBER 15, 2026
TITLE: ESTABLISH A NEW CAPITAL IMPROVEMENT PROGRAM (CIP) PROJECT ST273 -

EDISON AVENUE ULTIMATE IMPROVEMENTS AND CYPRESS CREEK TRAIL EXTENSION,

AND AWARD A PROFESSIONAL SERVICE AGREEMENT FOR ENGINEERING DESIGN SERVICES.

PAGE: 6

does not currently exist and extending the Chino Cree k Trail south 1,200 feet to meet the intersection of Cypress Avenue and Edison Avenue.

Attachments: Exhibit A - ST273 Project Vicinity Map
Exhibit B - Professional Services Agreement (ST273 HR Green Pacific, Inc.)

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Project Name/No.: ST273 Edison Avenue Ultimate Contract No.: ______________ Improvements & Cypress Creek Trail Extension

Project Manager: PW/ B. Aleman Approved: ___09.15.2026______ 01225.0001/863604.2 (Long Form)

AGREEMENT FOR SERVICES

BETWEEN THE CITY OF CHINO AND
HR GREEN PACIFIC, INC.

THIS AGREEMENT FOR SERVICES (herein “Agreement”) is made and entered into this 15th day of September, 2026 (“Effective Date”) by and between the City of Chino, a California municipal corporation (“City”) and HR Green Pacific, Inc., a California Corporation (“Consultant”). City and Consultant may be referred to individually as “Party” or collectively as “Parties.”

RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.

B. Consultant, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.

C. Pursuant to the City of Chino’s Municipal Code, City has authority to enter into and execute this Agreement.

D. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services.

In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services ” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, compet ent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, 1220
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experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, t he phrase “highest professional standards ” shall mean those standards of practice recognized by one or more first -class firms performing similar work under similar circumstances.

1.2 Consultant’s Proposal.

The Scope of Services shall include the scope of work included in Consultant’s proposal, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.

1.3 Compliance with Law.

Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with , all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.

1.4 California Labor Law.

If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code Section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq. , and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws, as they pertain to such work, including the following requirements:
(a) DIR Monitoring and Enforcement . The public work and/or maintenance work performed under this Agreement shall be subject to compliance monitoring and enforcement by the Department of Industrial Relations (“DIR”) . Consultant shall post job site notices, as prescribed by regulation.
(b) Prevailing Wages . Consultant shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Consultant acknowledges receipt of a copy of the DIR determination o f the prevailing rate of per diem wages, and Consultant shall post a copy of the same at each job site where work is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages . Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty to the City, forfeit two hundred dollars ($200) for each 1221
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calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor. (d) Payroll Records . Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to:
keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 , and 1777.7 and California Code of Regulations T itle 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprentic eable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. (f) Eight-Hour Work Day . Consultant acknowledges that eight (8) hours labor constitutes a legal day's wo rk. Consultant shall comply with and be bound by Labor Code Section 1810.
(g) Penalties for Excess Hours . Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to the City, forfeit twenty -five dollars ($25) for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.

Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. By executing this Agreement, and in accordance with the provisions of California Labor Code Section 1861, Consultant certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
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(i) Consultant’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Consultant shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any such failure by any subcontractor.

1.5 Licenses, Permits, Fees and Assessments.

Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement.

Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this Agreeme nt, and shall indemnify, defend and hold harmless City , its officers, employees or agents of City, against any such fees, assessments, taxes , penalties or interest levied, assessed or imposed against City hereunder.

1.6 Familiarity with Work.

By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficult ies and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and sha ll not proceed except at Consultant’s risk until written instructions are received from the Project Manager.

1.7 Software and Computer Services.

If the Scope of Services includes the provision and/or installation of any software, computer system, or other computer technology, Consultant represents and warrants that it has inspected the City’s current infrastructure, equipment, computer system and software and that the software, computer system, or other computer technology provided and/or installed by Consultant under this Agreement is compatible, and shall be fully functional, with such infrastructure, equipment, computer system and software of the City. Consultant acknowledges that the City is relying on the representation by Consultant as a material consideration in entering into this Agreement.

1.8 Care of Work.
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The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or oth er components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.

1.9 Further Responsibilities of Parties.

Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be re asonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.

1.10 Additional Services.

City shall have the right , subject to state law and the City’s Municipal Code, at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be under taken unless a written order is first given by the Project Manager to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work , and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation for extra work shall require the approval of City Council unless the City Council has previously authorized the City Manager to approve an increase in compensation and the amount of the increase does not exceed such authorization. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absol ute discretion have similar work done by other contractors. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

1.11 Special Requirements.

Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements ” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation ” attached hereto as Exhibit “C” and 1224
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incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Three Hundred Seventy Thousand Nine Hundred and Six Dollars and Fifty Cents ($370,906.50) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.

2.2 Method of Compensation.

The method of compensation may include: (i) a lump sum payment upon completion ; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Consultant’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks , (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.

2.3 Reimbursable Expenses.

Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Project Manager in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Co mpensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City.

Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.

2.4 Invoices.

Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City ’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement . Consultant shall not invoice City for any duplicate services performed by more than one person.

All invoices shall be submitted by email to [email protected]. Each invoice is to include:
(a) Line items for all personnel describing the w ork performed, the number of hours worked, and the hourly rate.
(b) Line items for all materials and equipment properly charged to the Services.
(c) Line items for all other approved reimbursable expenses claimed, with supporting documentation.
(d) Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services. 1225
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(e) If this Agreement requires prevailing wages, per Section 1.4 of the Agreement, all invoices shall include a copy of Consultant’s Cert ified Payroll and proof that Certified Payroll has been submitted to the DIR.

Consultant shall also submit a list of the prevailing wage rates for all employees and subcontractors providing services under this Agreement, as applicable, with Consultant’s first invoice. If these rates change at any time during the term of the Agreement, Consultant shall submit a new list of rates to the City with its first invoice following the effective date of the rate change.

City shall independently review each invoice s ubmitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty -five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period . In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.5 Waiver.

Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.

2.6 Contingency of Funds.

Consultant acknowledges that funding or portions of funding for this Agreement may be contingent upon State budget approval; receipt of funds from, and/or obligation of funds by the State of California to City; or inclusion of sufficient funding for the services hereunder in the budget approved by Chino City Council for each fiscal year covered by this Agreement. If such approval, funding or appropriations are not forthcoming, or are otherwise lim ited, City may immediately terminate or modify this Agreement without penalty.

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

Time is of the essence in the performance of this Agreement.

3.2 Schedule of Performance.

Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance ” attached hereto as Exhibit “D” and incorporated herein by this 1226
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reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Project Manager but not exceeding one hundred eighty (180) days cumulatively.

3.3 Force Majeure.

The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Project Manager in writing of the causes of the delay. The Project Manager shall ascertain the facts and the extent of delay, and extend the time for performing the services for t he period of the enforced delay when and if in the judgment of the Project Manager such delay is justified. The Project Manager ’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.

3.4 Term.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services , which shall be no later than June 30, 2028, except as otherwise provided in the Schedule of Performance ( Exhibit “D”).

This Agreement may be renewed by a written amendment for up to an additional one-year (1) term at the option of the City if the City is satisfied with the quality of services performed by Consultant under this Agreement.

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Consultant.

The following principals of Consultant (“Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:

Chase Keys Project Manager
(Name) (Title)

(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. 1227
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Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantial ly reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement.

Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services r equired under this Agreement, prior to and during any such performance.

4.2 Status of Consultant.

Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, e mployees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City ’s employees. Consultant expressly waives any claim Consultant may have to any such rights.

4.3 Project Manager.

The Project Manager shall be Brian Aleman, Associate Engineer , or any other person as may be designated by the Project Manager. It shall be the Consultant’s responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Project Manager.

Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager . The Project Manager shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder t o carry out the terms of this Agreement.

4.4 Independent Consultant.

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform a ll services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed 1228
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to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant.

4.5 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveye d, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Ag reement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.

ARTICLE 5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages.

Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance . Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $ 1,000,000 per occurrence, $ 2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance . Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non - owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional liability (errors & omissions) insurance . Consu ltant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. 1229
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(d) Workers’ compensation insurance . Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.

5.2 General Insurance Requirements.
(a) Proof of insurance . Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of coverage . Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. (c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non - contributory basis for the benefit of City before the City’s own insurance or self -insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
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(f) Waiver of subrogation . All insurance coverage maintained o r procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of contract p rovisions (non -estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non -compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting . Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normall y provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (i) Notice of cancellation . Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status . General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and a gents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations . None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause . Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements 1231
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of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications . The City reserves the right at any time during the term of the contract to change the amounts and typ es of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
(o) Self-insured retentions . Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self -insurance will not be considered to comply wi th these specifications unless approved by City.
(p) Timely notice of claims . Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance . Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification.

To the full extent permitted by law, Consultant agrees to indemnify , defend and hold harmless the City, its officers, employees and agents ( “Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in conn ection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
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(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys ’ fees.

Consultant shall incorporate similar indemnity agreements with its subcontra ctors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor complia nce with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City ’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resultin g in part from City ’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional . The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Consultant shall keep, and require subcontractors to keep, such ledgers , books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records ”), as shall be necessary to perform the services required by this Agreement and enable the Project Manager to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Project Manager shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Reports.

Consultant shall periodically prepare and submit to the Project Manager such reports concerning the performance of the services required by this Agreement as the Project Manager shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant 1233
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agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Project Manager of said fact, circu mstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.

6.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors and agents in the performan ce of this Agreement shall be the property of City and shall be delivered to City upon request of the Project Manager or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific w ritten authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, re use or assignment . Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein.

All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire ” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.

6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Project Manager.
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Project Manager or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. 1234
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(d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admiss ions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present a t any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Bernardino, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Cent ral District of California, in the County of San Bernardino, State of California.

7.2 Disputes; Default.

In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presu mptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.

7.3 Retention of Funds.

Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities , or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear 1235
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to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.

7.4 Waiver.

Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not const itute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.

Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non -defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

7.5 Rights and Remedies are Cumulative.

Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

7.6 Legal Action.

In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.

7.7 Liquidated Damages.

Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Consultant and its sureties shall be liable for and shall pay to the City the sum of Zero Dollars and Zero Cents ($0.00) as liquidated damages for each working day of delay in the performance of any service required hereunder. The City may wi thhold from any monies payable on account of services performed by the Consultant any accrued liquidated damages.

7.8 Termination Prior to Expiration of Term.

This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this 1236
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Contract at any time, with or without cause, upon thirty (30) days ’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Project Manager . In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Project Manager. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Project Manager thereafter in accordance with the Schedule of Compensation or such as may be approved by the Project Manager , except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non -terminating party with the opportunity to cure pursuant to Section 7.2.

7.9 Termination for Default of Consultant.

If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the wo rk and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.

7.10 Attorneys’ Fees.

If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, 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 attorney ’s fees. Attorney’s fees shall include attorney ’s 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 an d discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
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8.2 Conflict of Interest.

Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of th is Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or sub contractor without the express written consent of the Project Manager . Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

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 participa te in any decision r elating to the Agreement which a ffects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination.

Consultant covenants that, by and for itself, its heirs, e xecutors, 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, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, c reed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.

8.4 Unauthorized Aliens.

Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq. , as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys ’ fees, incurred by City.

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first -class mail, in the case of the City, to the City 1238
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Manager and to the attention of the Project Manager (with her/his name and City title), City of Chino, 13220 Central Avenue, Chino, California 91710 and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time perso nally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.

9.2 Interpretation.

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

9.3 Counterparts.

This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

9.4 Integration; Amendment.

This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

9.5 Severability.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of compet ent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

9.6 Warranty & Representation of Non-Collusion.

No official, officer, or empl oyee 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 muni cipal statute or regulation. The determination of 1239
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“financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5 . Consultant warrants and represents that it has 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 agreement.

Consultant 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. Consultant 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.

Consultant’s Authorized Initials _______

9.7 Corporate Authority.

The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF CHINO, a municipal corporation

Linda Reich, City Manager
ATTEST:

Natalie Gonzaga, City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:

ALESHIRE & WYNDER, LLP
_____________________________ _____________________________

Fred Galante, City Attorney Hye Jin Lee, Director of Public Works

CONSULTANT:

HR GREEN PACIFIC, INC.:

By:

Name:

Title:

By:

Name:

Title:

Address: 1260 Corona Pointe CT., Suite 305
Corona, CA 92879
Two corporate officer signatures required when C onsultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer.
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01225.0001/863604.2 A-1
EXHIBIT “A”

SCOPE OF SERVICES
I. Consultant will perform the Services described in Consultant’s Proposal, attached hereto as Exhibit A-1.

II. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.

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

Brian Aleman