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
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.
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.
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
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
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
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
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.
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.
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
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.
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.
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
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
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
• 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
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
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
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
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
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
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
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.
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.
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.
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
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.
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
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
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
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.
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.)
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
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