Agenda packet, regular meeting — Fontana City Council, January 25, 2022 (part 2 of 3)

WHEREAS, the subject site includes eight (8) parcels that were annexed from the San Bernardino County into the City of Fontana in October, 1981; and WHEREAS, the City of Fontana received an application on March 24, 2021, for Zone Code Amendment (ZCA No. 21-001) to modify text and the boundaries of Planning Area 1 of the Auto Center Overlay, Tentative Parcel Map 20370 (TPM No. 21 -006) to combine eight (8) parcels totaling a pproximately 6.20 adjusted gross acres into one (1) parcel, a Conditional Use Permit (CUP 21 -004) for a Type 21 ABC License, Conditional Use Permits 21-005 and 006 for drive -thru establishments, a Design Review (DRP No. 21-010) application for site and arc hitectural review of a proposed 53,740 square foot commercial center consisting of an anchor grocery store and five (5) other pads and Design Review Sign (DRS 21 -018) application for a sign program to the Auto Center Overlay.

WHEREAS, the City of Fontana wishes to protect and preserve the quality of the life throughout the City, through effective land use and planning; and WHEREAS, Conditions of Approval have been prepared and are attached hereto as Exhibits “A, B, C, D, E ” for Tentative Parcel Map 20370 (TPM No. 21-006), Conditional Use Permits 21-004, -005, -006 and Design Review No. 21-010; and WHEREAS, pursuant to the California Environmental Act (CEQA), an Initial Study/Mitigated Negative Declaration and Mitigation Monitoring Program were completed on November 8 th, and concluded that no significant impacts would be caused by the project, therefore, a Mitigated Negative Declaration has been recommended for adoption; and
WHEREAS, the owners of property within 660 feet of the proposed project site were notified via pu blic hearing notice mailer prior to the Public Hearing; posted at City Hall and onsite at the project site; and
WHEREAS, on December 7 , 20 21, a duly noticed public h earing for Tentative Parcel Map 20370 (TPM No. 21-006), Zone Code Amendment No. 21 -001, Agreement No. 21-003, Conditional Use Permits 21-004, -005, -006, Design Review No. 21-010 and Design Review Sign No. 21-018, was held by the Planning Commission (“Commission”) to consider testimony and evidence presented by the a pplicant, City staff, and other interested parties, at the Public Hearing held with respect hereto; and WHEREAS, the Planning Commission carefully considered all information pertaining to the proposed p roject, including the staff report, findings, and all of the information, evidence, and testimony presented at its public hearing on December 7 , 2021; and
WHEREAS, all other legal prerequisites to the adoption of this r esolution have occurred.

NOW, THEREFORE, the Commission RESOLVES as follows:

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Section 1. The City of Fontana Planning Commission hereby makes the following findings for the Tentative Parcel Map No. 20370 in accordance with the Fontana Development Code:

Finding No. 1: The proposed parcel map is consistent with the City’s General Plan.

Finding of Fact: Tentative Parcel Map No. 20370 is consistent with the General Plan Land Use Designation for the project site of General Commercial (C- G) within the Auto Center Overlay. The C-G with Auto Center Overlay designation is intended for automobi le sales and related services.

The proposed project for an automotive car dealership is consistent with the General Plan and Auto Center Overlay. The project is for a tentative parcel map to combine eight (8) parcels into one (1) for the development of a commercial center. The use is consistent with the General Plan Land Use Designation.

Finding No. 2: The design and improvements of the proposed tentative parcel map is consistent with the General Plan.

Finding of Fact: The design of the proposed parcel map is consistent with the General Plan. The lot width is approximately 790 feet and has an approximate lot depth of 330 feet and street configuration conform to the requirements of the Circulation Master Plan, Subdivisio ns (Chapter No. 26), and the Zoning and Development Code (Chapter No. 30). The parcel map will combine eight (8) parcels into one (1) parcel to accommodate an anchor grocery store, two drive -thru establishments and three other future commercial pads . Three (3) proposed points of access are proposed along South Highland Avenue.

Finding No. 3: The site is physically suitable for the type and density of development proposed.

Finding of Fact: The project site has existing topography of less than two percent gradient and development of the site did not require setback variances; therefore, the site is suitable for this type of development.

The lot size, lot width, and lot depth are as indicated in Finding No. 2 above are consistent with other commercial develo pments and dealerships in the Auto Center Overlay district. Three points of access are proposed for the commercial center along South Highland Avenue.

Finding No. 4: The design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage or will not substantially and avoidably injure fish or wildlife or their habitat. 16 ATTACHMENT NO. 3
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Finding of Fact: The design of the parcel map is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. An Initial Study (IS) & Mitigated Negative Declaration was completed to identify environmental impacts and mitigation measures are included to make any impacts less than significant. The Initial Study/Mitigated Negative Declaration is included under separate cover and is referenced herein.

Finding No. 5: The design of the subdivision or type of improvements will not cause serious public health problems.

Finding of Fact: The combining of eight (8) parcels into one (1) parcel will not cause health problems. The proposed development complies with the Fontana City Codes and the General Plan as indicated in Findings Nos. 1 through 4 above . Improvements include streets, sidewalks, drainage, and grading to provide a safe and well-designed project for the area. Therefore, the project shall promote the public health, safety, and welfare of the surrounding community.

Finding No. 5: The design of the subdivision or the types of improvements will not conflict with easements acq uired by the public at large for access through or use of property within the proposed
subdivision.

Finding of Fact: The design and improvements of Tentative Parcel Map No. 20370 will not conflict with access easements acquired by the public. The proposed lot is accessed from South Highland Avenue which are publicly maintained streets. Currently there are no other public access easements through or within the proposed project site.

Section 2. The City of Fontana Planning Commission hereby makes the following findings for CUP No. 21-004 in accordance with Section 30-150 “Findings for approval of conditional use permits” of the Fontana Zoning and Development Code:

Finding No. 1 The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of the Zoning and Development Code, Municipal Code, General Plan, any applicable Specific Plan or Area Plan, and City
regulations/standards.

Finding of Fact: The request is for a Conditional Use Permit (CUP) fo r the proposed anchor tenant located within the Citrus Crossroads development for an Alcoholic Beverage Control (ABC) license. The proposed CUP would allow for beer, wine and distilled spirits to be consumed off - site under a Type 21 ABC license. The Zoning and Development 17 ATTACHMENT NO. 3
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Code allows for grocery stores to operate with a California Department of Alcohol Beverage Control (ABC) Type 21 (Off -Sale Beer, Wine and Distilled Spirits) license subject to approval of a Conditional Use Permit.

The site is located at th e northeast corner of Citrus Avenue and South Highland Avenue. The General Plan land use designation for the site is General Commercial (C-G). Specific development types allowed in C-G include: retailing, wholesaling, service activities, offices and businesses providing professional services, as well as retail stores such as grocery stores.

The site is located within the General Commercial (C-2) of the Zoning and Development Code. The C-2 zoning district includes retail and wholesale activities. Type 21 ABC licenses are permitted within this district with a Conditional Use Permit of the Zoning and Development Code. Therefore, the proposed use of a Type 21 ABC license at a retail grocery store is consistent with the General Plan and Zoning regulations.

Finding No. 2: The site is physically suited for the type, density, and intensity of the proposed use including access, utilities, and the absence of physical constraints and can be conditioned to meet all related performance criteria and development standards.

Finding of Fact: The proposed grocery store will occupy the anchor building within the shopping center. The building is approximately 4 0,100 square feet on an approximately 6.20 adjusted gross acre site. The physical characteristics of the site were reviewed, and staff has determined that the project site meets all of the necessary requirements for a type 21 ABC license such as the physical relationship and proximity of the use to other off-sale licenses as well as proximity to sensitive uses such as schools, parks, religious institutions, hospitals and other similar uses. None of the uses listed above are within 600 feet of the project site where the type 21 ABC license is proposed.

Furthermore, the proposed use is for the grocery store to operate in conjunction with a new California Department of Alcoholic Beverage Control (ABC) Type 21 license (Off -Sale Beer, Wine and Distilled Spirits) which will not result in any physical change to the s ite or building.

Adequate streets and highways exist to accommodate the existing and anticipated traffic with adequate on -site circulation. Traffic to and from the project site has three (3) access points proposed along South Highland Avenue . South Highland Avenue is identified as a Primary Highway in the City’s General Plan Hierarchy of Street in Fontana General Plan map. South Highland Avenue has been determined to be adequate to handle the traffic generated by the 18 ATTACHMENT NO. 3
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commercial center. In addition, ac cess to utilities and services can be obtained.

Finding No. 3: Granting the permit would not be detrimental to the public interest, health, safety, convenience, welfare, or materially injurious to persons, property, or improvements in the vicinity in which the project is located.

Finding of Fact: There will be no adverse effect to the neighboring sites or their permitted uses. The proposed project has been reviewed by the Planning D epartment, Engineering Department, the Building and Safety Division, and County Fire Prevention for site circulation, access, and safety. Any possible adverse effects shall be mitigated by the Conditions of Approval set forth in the Conditional Use Permit and as referenced herein. The Planning D epartment has drafted Conditions of Approval to mitigate potential negative impacts.

Section 3 . The City of Fontana’s, Planning Commission hereby makes the following findings for Conditional Use Permit No. 21-005 in accordance with Section No. 30-150 “Findings for approval” of the Fontana Zoning and Development Code:

Finding No. 1: The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of the Zoning and Development Code, Municipal Code, General Plan, any applicable specific plan or area plan, and City
regulations/standards.

Findings of Fact: The project site is located on the northeast corner of South Highland Avenue and Citrus Avenue. The project site has a General Plan land use designation of General Commercial (C -G). The C-G land use designation category is described by the Zoning and Development code as “ retail, malls, wholesale, auto dealerships and offices, including medical offices and clinics, that can serve a broader, regional population”. This includes grocery stores, restaurants and retail pads. The Zoning District for the project site is General Commercial (C-2) within the proposed Planning Area 3 of the Auto Center Overlay District . Drive-thru restaurants are permitted in the C-2 zone with the approval of a Conditional Use Permit by the Planning Commission. The proposed project will comply with the applicable building codes, zoning codes, and fire codes and appropriate standards, will make for a safe, attra ctive, and well - designed project.

Findings of Fact: The proposed project as identified and referenced in Finding No. 1, above, meets or exceeds the criteria contained in the Zoning and 19 ATTACHMENT NO. 3
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Development Code. This facility will be built pursuant t o all applicable building, zoning, and fire codes and standards. The project includes streets improvements and sidewalks, grading, drainage, and perimeter and privacy walls to provide a safe and well-designed project.

There will be three (3) vehicle access points to the site from South Highland Avenue. The driveway will be designed to accommodate passenger vehicle traffic, tractor -trailer traffic, and service vehicles, as necessary. The proposed project has been reviewed by Planning, Engineering, Building and Safety, and Fontana Fire Prevention for site circulation, access, and safety.

The project site is physically suitable in size and shape to support the development of a trailer sales office. The applicable building codes, zoning codes, and fire codes and appropriate standards, will make for a safe, attractive, and well-designed project. As proposed, the project is consistent with the standards of the Zoning and Development Code. The proposal has been designed to be
compatible with the surround ing uses while also providing a development that has been designed with features (architectural relief, added landscaping, street improvements, and lighting), to enhance the character of the surrounding neighborhood.

Finding No. 3: Granting the permit woul d not be detrimental to the public interest, health, safety, convenience, welfare, or materially injurious to persons, property, or improvements in the vicinity in which the project is located.

Findings of Fact: The proposed project as identified and refe renced in Finding No. 1 and Finding No. 2, above, has been determined not to be detrimental to the public interest, health, safety, convenience, welfare, or materially injurious to persons, property . The on-site circulation is adequate. All drive aisle w idths meet both the Zoning and Development Code and Fontana Fire Prevention District minimums for access. The site will be accessed from South Highland Avenue.

For the anticipated traffic to the project site, there are three (3) proposed driveway for the purpose of ingress and egress. The driveway is designed to accommodate passenger vehicle traffic, tractor-trailers traffic, and service vehicles, as necessary. The proposed project has been reviewed by Planning, Engineering, Building and Safety, and Fontana Fire Prevention for site circulation, access, and safety. Additionally, adequate utilities and services exist on-site and off-site.

The proposal has been designed to be compatible with the surrounding uses while also providing a development that has been designed with features (architectural relief, added landscaping, street improvements, and lighting), to enhance the character of the surrounding neighborhood. It will also be consistent with the proposed commercial projects in the vicinity.
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The proposed development will result in appropriate improvements, not only for the project site, but the surrounding area as well. The project includes sidewalks, drainage, grading, and perimeter and privacy walls to provide a safe and well-designed neighborhood. The proposed building has been reviewed by Planning, Engineering, Building and Safety, and Fontana Fire Prevention for site circulation, access, and safety. As mentioned in Findings No. 1 and No. 2, above, the proposed project meets or exceeds the standards of the Zoning and Development Code and will provide a safe design for public access.

Section 4. The City of Fontana’s, Planning Commission hereby makes the following findings for Conditional Use Permit No. 21-006 in accordance with Section No. 30-150 “Findings for approval” of the Fontana Zoning and Development Code:

Findings of Fact: The proposed project as identified and referenced in Finding No. 1, above, meets or exceeds the criteria contained in the Zoning and Development Code. This facility will be built pursuant to all applicable building, zoning, and fire codes and standards. The project includes streets improvements and sidewalks, grading, drainage, and perimeter and privacy walls to provide a safe and well-designed project.
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The project site is physically suitable in size a nd shape to support the development of a trailer sales office. The applicable building codes, zoning codes, and fire codes and appropriate standards, will make for a safe, attractive, and well-designed project. As proposed, the project is consistent with the standards of the Zoning and Development Code. The proposal has been designed to be compatible with the surrounding uses while also providing a development that has been designed with features (architectural relief, added landscaping, street improvemen ts, and lighting), to enhance the character of the surrounding neighborhood.

Finding No. 3: Granting the permit would not be detrimental to the public interest, health, safety, convenience, welfare, or materially injurious to persons, property, or improvem ents in the vicinity in which the project is located.

Findings of Fact: The proposed project as identified and referenced in Finding No. 1 and Finding No. 2, above, has been determined not to be detrimental to the public interest, health, safety, convenie nce, welfare, or materially injurious to persons, property . The on-site circulation is adequate. All drive aisle widths meet both the Zoning and Development Code and Fontana Fire Prevention District minimums for access. The site will be accessed from South Highland Avenue.

For the anticipated traffic to the project site, there are three (3) proposed driveway for the purpose of ingress and egress. The driveway is designed to accommodate passenger vehicle traffic, tractor-trailers traffic, and service ve hicles, as necessary. The proposed project has been reviewed by Planning, Engineering, Building and Safety, and Fontana Fire Prevention for site circulation, access, and safety. Additionally, adequate utilities and services exist on-site and off-site.

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Building and Safety, and Fontana Fire Prevention for site circulation, access, and safety. As mentioned in Findings No. 1 and No. 2, above, the proposed project meets or exceeds the standards of the Zoning and Development Code and will provide a safe design for public access.

Section 5. The City of Fontana Planning Commission hereby makes the following findings for Design Review No. 21-010 in accordance with Section No. 30-120 “Findings for approval” of the Fontana Zoning and Development Code:

Finding No. 1: The proposal is consistent with the General Plan, Zoning and Development Code, and any applicable Specific Plan.

Finding of Fact: The project site is located on the northeast corner of Citrus Avenue and South Highland Avenue. Further, t he project site is zoned General Commercial (C -2) and is within the Auto Center Overlay.

The C-2, along with the Auto Center Overlay designation, is intended for retail and wholesale activities . The proposed project for an anchor grocery store, two (2) drive-thru establishments and three (3) other commercial pads meets all the minimum standards in the Fontana Municipal Code and Auto Center Overlay District. The project is proposed with a high-quality architectural design appropriate for the General Commerc ial (C -2) and Auto Center Overlay districts. Appropriate screening from the public right -of-way will also be done.

This project, as proposed, is a request for the Planning Commission to review and recommend that the City Council approve the site and architectural design for the construction of a shopping center totaling approximately 53,354 square feet. The anchor tenant would be approximately 40,100 square feet. The remaining square footage would be for buildings located at five (5) other pads within the center.

This project meets or exceeds the criteria contained in the Design Review section of the Zoning and Development Code.

Finding No. 2: The proposal meets or exceeds the criteria contained in this chapter and will result in an appropriate, safe and desirable development promoting the public health, safety, and welfare of the community.

Finding of Fact: The applicant has worked diligently with staff to incorporate site details that will beautify and enhance the overall aesthetics of the site. Some of the features include a modern architectural theme for the center, patios and drive entries, porte cochere’s for the drive thru restaurants, a unique and well -designed water feature that will enhance the corner statement of Citrus and South Highland, additional landscaping, building lighting and signage that would give the sense of place and act as a landmark for the prominent corner. 23 ATTACHMENT NO. 3
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The development would encompass a grocery store, restaurants and retail alike to accommodate and residents, visitors and the overall community. Adequate parking and accessibility per standards has been incorporated therefore the project will promote the public health, safety and welfare of the occupants and therefo re, the community.

Finding No. 3: The proposal, in its design and appearance, is aesthetically and architecturally pleasing resulting in a safe, well -designed facility while enhancing the character of the surrounding neighborhood.

Finding of Fact: The proposed project as identified and referenced in Finding No. 1 and 2, has been determined to be aesthetically and architecturally pleasing and compatible with the neighborhood. The project site which is approximately 6.2 adjusted gross acres is physically suitable in size and shape to support the development of the proposed shopping center. The applicable building codes, zoning codes and fire codes and standards, will make for a safe, attractive, and well - designed project. As proposed, the project is co nsistent with the Zoning and Development Code with approval of the Zoning Code Amendment.

The modern architecture theme selected for the shopping center is appropriate for the area and is consistent with surrounding uses. The design guidelines in the Development Code and more specifically the Auto Center Overlay. In addition, the proposed project is consistent with the goals and policies of the General Plan and applicable provisions of the zoning district, including Goal 5.3, Policy 5:
(Community Design Element) stating that buildings “shall incorporate distinct and varied architectural details through varied rooflines, and detailed façade treatments”. Design characteristics include decorative cornices, wall sconces, veneer, stucco wall surface and decorative awnings.

Finding No. 4: The site improvements are appropriate and will result in a safe, well-designed facility.

The proposed development will result in appropriate improvements for the project site and the surrounding area as well. The project includes sidewalks, drainage, grading and a traffic signal with all necessary improvements on Citrus Avenue and South Highland Avenue to provide a safe and well -designed neighborhood. The proposed project has been reviewed by Planning, Engineering, Building and Safety and Fontana Fire Prevention for site circulation, access and safety. The proposed project identified in Finding No. through Finding No. 3, above, meets or exceeds the standards of the 24 ATTACHMENT NO. 3
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Zoning and Development Code and will provide a safe design for public access.

Section 6 . The City of Fontana Planning Commission hereby makes the following findings for Design Review Sign No. 21-018 in accordance with Section No. 30 -120 “Findings for approval” of the Fontana Zoning and Development Code:

Finding No. 1: The proposal is consistent with the General Plan, Zoning and Development Code, and any applicable Specific Plan.

Finding of Fact: The site currently has a general plan land use designation of General Commercial (C -G) and a current zoning d istrict of G eneral Commercial (C-2). Pylon, monument and wall signs are permitted with approval of a Design Review Sign application. Additionally, the use is required to comply with all other applicable provisions of the Zoning Code, Municipal Code, and General Plan.

Finding of Fact: The shopping center , if approved, would meet the regulations, standards, and intent of the Zoning and Development Code. The signs would be located in an area that has a variety of commercial and retail uses meeting development standards.

Finding of Fact: The proposed signage is complimentary to and with the propose d commercial center. Materials and colors of the buildings match the proposed signage thus creating a theme of architectural compatibility throughout the project site.

Finding No. 4: The site improvements are appropriate and will result in a safe, well-designed facility.

Finding of Fact: The proposed signs will be reviewed under a separate permit for legibility, sign copy, colors, materials, size and location. The sign will also be reviewed by the Building and Safety Department to ensure the future signage is structurally sound.

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Section 7. The Planning Commission has reviewed and considered the Initial Study/Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, any oral or written comments received, and the administrative record prior to making any recommendation on th e proposed project. The Planning Commission finds that the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program contain a complete and accurate reporting of all the environmental impacts associated with the Project. The Planning C ommission further finds that the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program has been completed in compliance with CEQA and the State CEQA Guidelines.

Section 8. Based on the foregoing, the City of Fontana Plann ing Commission hereby recommends the City Council to adopt a resolution adopting the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, adopt an ordinance to approve ZCA 21-001, adopt an ordinance approving DA 21-003, and adopt a resolution approving Tentative Parcel Map 20370 (TPM No. 21 -006), Conditional Use Permit (CUP 21-004), Conditional Use Permits 21-005 and 006, Design Review (DRP No. 21-010) and Design Review Sign (DRS 21-018) application for a sign program to the Auto Center Overlay, subject to the conditions of approval as shown in the attached Exhibits “A” through “E” for the construction of a commercial shopping center at the northeast corner of Citrus Avenue and South Highland Avenue.

Section 9. Resolution Regarding Custodian of Record : The documents and materials that constitute the record of proceedings on which this Resolution has been based are located at the Community Development Department – Planning Department, 8353 Sierra Avenue, Fontana, CA 92335. This information is provided in compliance with Public Resources Code Section No. 21081.6.

Section 10. The Secretary of the Planning Commission shall certify to the adoption of this Resolution.

APPROVED, AND ADOPTED by the Planning Commission of the City of Fontana, California, at a regular meeting held on this 7th day of December 2021.

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City of Fontana

___________________________
Cathline Fort, Chair

ATTEST:

I, Idilio Sanchez, Secretary of the Planning Commission of the City of Fontana, California, do hereby certify that the foregoing resolution was duly and regularly adopted by the Planning Commission at a regular meeting thereof, held on the 7th day of December 2021, by the following vote, to-wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

__________________________
Idilio Sanchez, Secretary

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EXHIBIT “A”

CITY OF FONTANA

CONDITIONS OF APPROVAL

PROJECT: Master Case No. 21-032 DATE: December 7th, 2021 Tentative Parcel Map 20370
(TPM No. 21-006)

LOCATION: The p roject site is located on the northeast corner of South Highland Avenue and Citrus Avenue (APN: 0240 -011-38, -41, -03, -05, -42, -06, 35 and -44).

PLANNING DEPARTMENT:

1. The Tentative Parcel Map shall become null and void two (2) years from the date of approval unless the Final map is recorded or the appli cant applies for an extension of time in accordance with the provisions in the Subdivision Map Act and the provisions in the City’s Municipal Code.

2. The rights and privileges granted by Tentative Parcel Map No. 20370 shall not become effective, nor shall the Applicant commence the use for which this tentative parcel map approval is granted, until the following has occurred:

• All conditions of approval imposed by this project have been fulfilled.

3. This tentative parcel map shall comply with all applicable development standards of Chapter No. 26 (Subdivisions), Chapter No. 30 (Zoning and Development) of the Municipal Code of the City of Fontana, and the Subdivision Map Act.

4. The applicant shall defend, indemnify, protect and hold harmless the City of Fontana or its agents, officers, attorneys and employees from any and all actual or alleged claims, actions or proceedings against the City of Fontana or its agents, officers, attorneys or employees to attack, set aside, void, annul or seek monetary damages arising out of any challenge to the applicant’s proposed project or to any approvals of the Planning Commission and/or City Council concerning this project, including but not limited to actions challenging CEQA actions, permits, variances, plot plans, design plans, maps, licenses, and amendments. The City of Fontana shall promptly notify the applicant of any claim, action, or proceeding and the City of Fontana shall cooperate in the defense.

In the event of any such third party action or proceeding, the City shall have the right to retain legal counsel. The applicant shall be responsible and reimburse the City 28 ATTACHMENT NO. 3
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for such legal fees and costs, in their entirety, including actual attorneys’ fees, which may be incurred by the City i n defense of such action or proceeding. This indemnification shall also include, but not be limited to, damages, fees and/or costs awarded against the City, if any, and cost of suit, attorneys’ fees, and other costs, liabilities and expenses incurred in connection with such claim, action, or proceeding whether incurred by applicant, the City and/or any parties bringing such forth.

Except as required under applicable State and Federal law, the City of Fontana and the applicant acknowledge that the City wo uld not have approved this project if the City were to be liable to applicant in damages under or with respect to all or any part of this application or this condition of approval. Accordingly, applicant shall not sue the City for damages or monetary relief for any matter arising from or related to this condition of approval. Applicant’s sole and exclusive remedy shall be limited to declaratory/injunctive relief, mandate, and/or specific performance.

5. In the event that one or more of the Conditions of Approval for this project needs to be amended and/or deleted due to health, safety or welfare concerns, the City Manager is authorized to approve or conditionally approve such amendment/deletion, provided that City manager shall bring such proposed amendment/deletion to the City Council at the next available meeting for City Council ratification, but in no event later than sixty (60) days following the City Manger’s decision. The noticing of such City Council meeting for possible ratification shall be pursuant to Sections 30-30 and 30-31 of the Municipal Code.

6. The applicant/developer shall comply with the mitigation measures identified in the Initial Study/Mitigated Negative Declaration Mitigation Monitori ng and Reporting Program for this project.

7. Applicant shall pay all applicable service fees pursuant to the City of Fontana Municipal Code.

ENGINEERING DEPARTMENT:

8. The project shall be served by the City’s sanitary sewer system, all sewer facilities shall be constructed in accordance with the City Standards. Main trunk sewer line shall be in accordance with master sanitary sewer plan or as approved by the City Engineer.

9. The applicant shall obtain design and plan approval from all utility providers havi ng jurisdiction over the on-site and off-site utilities. Completion of all undergrounding of onsite and off -site utilities is required by Section 27 -52 of the City Municipal Code and in accordance with plans and specifications approved by the City Engineer.

10. It is the Applicant’s responsibility to maintain all improvements and utilities within the public right-of-way, including street sweeping, prior to final acceptance by the City.

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11. The applicant shall obtain an encroachment permit from Caltrans for any work required within Caltrans’ right-of-way.

12. This applicant’s engineer shall prepare and submit traffic signal plans per approved site plan and as required to the satisfaction of the City Engineer. PRIOR TO

ISSUANCE OF GRADING PERMIT

13. Applicant shall submit and gain approval of a complete WQMP Report in accordance with the County of San Bernardino Technical Guidance Document and latest template.

14. Traffic study must be approved.

PRIOR TO MAP RECORDATION

15. Record parcel map, right -of-way dedications, easements, and reciprocal access agreement as required for the development.

16. Applicant shall provide a Land Improvement Agreement, with accompanying security. The agreement shall be executed on City -provided fo rms. PRIOR TO

ISSUANCE OF CONSTRUCTION PERMITS

17. Applicant shall submit engineered improvement plans and obtain full approval. All required public improvements, including streets, storm drainage systems, sewers, traffic signals, streetlights, striping, signs, landscape, and any required traffic control and/or detour plans. All plans shall conform to City Standards and Specifications, and as approved by the City Engineer. PRIOR TO ISSUANCE OF FINAL

CERTIFICATE OF OCCUPANCY

18. Applicant/Engineer to provide the City of Fontana with As Built/Record Drawings for all public improvement plans. Commercial Industrial Land Development Engineering Conditions MCN21-000032 Revised 11-18-21 KS & RG

19. Applicant/Engineer shall provide centerline ties to the City of Fontana r eflecting proper setting of all survey monuments within the project limits and replace any existing survey monuments damaged or removed during construction. 13.

Applicant/Engineer shall set survey monuments as required by the map and corner records must be recorded with the County.

20. Applicant/Landscape Architect shall provide a “Landscape Certificate of Compliance” certifying that the work has been designed, installed, and will be maintained in accordance with the City of Fontana’s Model Water Efficiency Landscape Ordinance (Ordinance 1743, FCC Section 28).

21. All sewers and storm drains shall be video inspected by applicant/contractor. Sewer video shall include clean -out connection, clean -out to lateral segment, lateral, and main line. Storm drain video sha ll include main lines and laterals. Applicant shall provide a copy of the video on DVD or flash drive to inspection staff. Videos to be 30 ATTACHMENT NO. 3
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inspected and approved by City Inspection. If removal and replacement of any utility is required, a subsequent video of the repair will be required.

22. Applicant/Engineer of Record shall submit a conforming copy of the recorded Memorandum of Agreement for the Water Quality Management Plan and Storm Water BMP Transfer. The Access, Maintenance, and the WQMP Certification for BMP Completion must be submitted to the City Project Engineer.

BUILDING & SAFETY DIVISION:

23. Shall comply with the latest adopted edition of the following codes as applicable:

A. California Building Code
B. California Electrical Code
C. California Mechanical Code
D. California Plumbing Code
E. California Energy Code
F. California Fire Code
G. California Green Building Standards Code

24. Automatic fire suppression systems shall be installed in all new construction per Article II, Chapter 11 of the Code of the City of Fontana. Design and type of system shall be based upon the requirements of the Building Code, Fire Code and the requirements of the Fontana Fire Prevention District.

25. The requirements of the South Coast Air Quality Management District shall be satisfied prior to the issuance of any permit if hazardous materials are stored and/or used.

26. Any temporary building, trailer, commercial coach, etc. installed and/or used in connection with a construction project shall comply with City Code.

27. All perimeter/boundary walls shall be designed and constructed so that the outer/exterior face of the wall is as close as possible to the lot line. In any case, the outer/exterior face of the wall shall be within two (2) inches of the lot line. Distances greater than two (2) inches may be approved prior to construction by the Building Official on a case by case basis for extenuating circumstances.

28. The Parcel map shall record prior to the issuance of any permits.

29. Grading Requirements:

A. Grading plans shall be submitted to and approved by Building & Safety.

The grading plans shall indicate all site improvements and shall indicate complete drainage paths of all drainage water run-offs.

B. All drainage water shall drain via approved methods to an approved location, such as a public street, a public drainage system, etc.

C. Drainage water shall not cross over a public sidewalk. Drainage water may, however, cross under a sidewalk if an approved drainage structure is used.
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D. A recorded drainage acceptance agreement is req uired from adjoining property(s) receiving flows from this property.

E. No water course or natural drainage shall be obstructed.

F. Minimum slope or grade for ALL drainage structures shall be one half (0.50) percent for concrete and one (1.0) percent for all oth er, or as otherwise approved by the Building Official.

G. Drainage water shall not pass from an ‘improved’ type of drainage structure to an ‘unimproved’ type of drainage structure (e.g., concrete swale to a dirt swale) unless otherwise approved by the Building Official.

H. A complete hydrology study using the latest edition of the San Bernardino County Flood Control Hydrology Manual, and complete hydraulic calculations justifying the size, slope, capacity, etc. of any and all drainage structures being utilized, shall be submitted to and approved by Building & Safety.

The on-site drainage system shall, as a minimum, be designed to handle the run-off generated by a ten (10) year storm. Check for flooding of all on-site structures (buildings) and all adjacent proper ties during a hundred (100) year storm.

I. The grading plans shall, as a minimum, contain sections at all lot lines and/or permit boundary lines. These sections shall clearly indicate:

1. The relationship between the proposed finished on -site grade elevations and the existing adjacent property grade elevations (Indicate any additional drainage water that may come from an adjacent property.); and

2. The ground cover/finished surface material being proposed (e.g., type of pavement, plant material, etc.); and

3. All proposed drainage structures; and

4. Any proposed and/or required walls or fencing.

30. All signs shall be Underwriters Laboratories approved or equal.

31. Permits are required prior to the removal and/or demolition of structures.

32. All exterior lighting shall be oriented, directed, and/or shielded as much as possible so that direct illumination does not infringe onto adjoining properties.

PRIOR TO ISSUANCE OF BUILDING/CONSTRUCTION PERMITS

33. The following items (as applicable) shall be completed and/or submitted to Building & Safety prior to the issuance of building permits for this project:

A. Precise grading plans shall be approved
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B. Rough grading completed
C. Compaction certification
D. Pad elevation certification
E. Rough grade inspection signed off by a City Building Inspector

34. If hazardous substances are used and/or stored, a technical opinion and report, identifying and developing methods of protection from the hazards presented by the hazardous materials, may be required. This report shall be prepared by a qualified person, firm, or corporation and submitted to Building & Safety. This report shall also explain the proposed facility's intended methods of operation and list all of the proposed materials, their quantities, classifications, and the effects of any chemical (material) inter-mixing in the event of an accident or spill.

END OF FINAL CONDITIONS

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EXHIBIT “B”

CITY OF FONTANA

CONDITIONS OF APPROVAL

PROJECT: Master Case No. (MCN) 21-032 DATE: December 7th, 2021 Conditional Use Permit No. 20-010
Type 21 ABC License for a Grocery Store

LOCATION: The p roject site is located on the northeast corner of South Highland Avenue and Citrus Avenue (APN: 0240 -011-38, -41, -03, -05, -42, -06, 35 and -44) within a 40,100 square foot grocery store.

PLANNING DEPARTMENT:

1. This conditional use permit is conditional upon the permittee proceeding with good faith intent to commence upon the proposed use within two (2) years after the effective date of the approval, or such other period specified as a condition of approval.

2. The applicant shall defend, indemnify, protect and hold harmless the City of Fontana or its agents, officers, attorneys and employees from any and all actual or alleged claims, actions or proceedings against the City of Fontana or its agents, officers, attorneys or employees to attack, set aside, void, annul or seek monetary damages arising out of any challenge to the applicant’s proposed project or to any approvals of the Planning Commission and/or City Council concerning this project, including but not limited to actions challenging CEQA actions, permits, variances, plot plans, design plans, maps, licenses, and amendments. The City of Fontana shall promptly notify the applicant of any claim, action, or proceeding and the City of Fontana shall cooperate in the defense.

In the event of any such third-party action or proceeding, the City shall have the right to retain its own separate legal counsel to defend the interests of the City. The applicant shall be responsible for reimbursing the City for such legal fees and costs, in their entirety, including actual attorneys’ fees, which may be incurred by the City in defense of such action or proceeding. This indemnification shall also include, but not be limited to, damages, fees and/or costs awarded against the Cit y, if any, and cost of suit, attorneys’ fees, and other costs, liabilities and expenses incurred in connection with such claim, action, or proceeding whether incurred by applicant, the City and/or any parties bringing such forth.

The City of Fontana and th e applicant acknowledge that the City would not have approved this project if the City were to be liable to applicant in damages under or 34 ATTACHMENT NO. 3
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with respect to all or any part of this application or this condition of approval.

Accordingly, applicant shall not sue the City for damages or monetary relief for any matter arising from or related to this condition of approval. Applicant’s sole and exclusive remedy shall be limited to declaratory/injunctive relief, mandate, and/or specific performance.

3. The rights and privileges granted by this project shall not become effective, nor shall the Applicant commence the use for which this project is granted, until all of the following have occurred:
a. All requirements of the Fontana Municipal Code shall be complied with. b. All Conditions of Approval imposed on this project have been fulfilled.

4. In the event that one or more of the Conditions of Approval for this project needs to be amended and/or deleted due to health, safety or welfare concerns, the City Manager is authorized to approve or conditionally approve such amendment/deletion, provided that City Manager shall bring such proposed amendment/deletion to the City Council at the next available meeting for City Council ratification, but in no event later than s ixty (60) days following the City Manager’s decision. The noticing of such City Council meeting for possible ratification shall be pursuant to Sections 30-23 and 30-24 of the Municipal Code.

5. At any time, the Director of Community Development may bring a status report to the Planning Commission identifying impacts or failure to comply with conditions resulting from the Conditional Use Permit approval. Such status report may contain a police report regarding calls for service at the location. Nothing herein shall modify or limit the City’s authority to regulate the business or modify or revoke the permit upon the City’s determination that the business is being operated in a manner adverse to the public’s health, safety, and welfare.

POLICE DEPARTMENT:

6. The operation of the business shall not violate any federal, state, or local laws or ordinances, including the rules, regulations and orders of the State Alcoholic Beverage Control Department and all conditions of the City of Fontana’s Conditional Use Permit. Failure to comply with these requirements shall constitute grounds for revocation of a conditional use permit.

7. All tobacco products shall remain under the control of the management, behind the cashier’s counter.

8. Employees engaged in the sale or distribution of alcoholic beverages shall be at least 18 years of age. If the business owner, licensee, or management choose to employ a salesperson between the ages of 18 to 20, that salesperson must be under the continuous supervision of at least one salesperson who is 21 years old or older.

9. No beer, wine or distilled spirits shall be displayed within five feet of the front door or between the register and the front door unless it is under the control of the management within locked shelving units.

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10. No display or sale of beer, wine or distilled spirits, shall be made from an ice tub.

11. No alcoholic beverages shall be stored, sold or displayed (even for special events) within any aisle-way of the main sales floor or vestibule.

12. The sale of malt liquor or f ortified wine products with an alcoholic content greater than 17 percent by volume is prohibited.

13. The licensee shall not sell single bottles of wine in less than 750 ml. containers.

Specialty or dessert wines which are only packaged in 375 milliliter b ottles shall be permitted.

14. No distilled spirits shall be sold in bottles or containers smaller than 375 ml.

15. The sale of beer or malt beverages in single size containers of 40 ounces or less is prohibited.

16. The licensed premise shall not sell individua l units of beer or wine from the manufacturer’s multi-unit packages (three-packs, four-packs, six-packs, etc.).

17. The licensee shall not allocate more than half of the cooler doors for the sale of alcoholic beverages. All designated coolers for alcoholic beverages shall be located furthest away from the entrance doors.

18. The possession of alcoholic beverages in open containers and the consumption of alcoholic beverages are prohibited on or around the licensed premises.

19. On a regular and reasonable basis li tter shall be removed daily from the premises, including adjacent public sidewalks and all parking areas under the control of the business owner/licensee. These areas shall be swept or cleaned, either mechanically or manually, on a weekly basis to control debris.

20. The business owner/licensee shall comply with the City False Alarm Ordinances.

21. Graffiti abatement by the business owner/licensee shall be immediate and ongoing on the licensed premises, but in no event shall graffiti be allowed unabated on the premises for more than 48 hours. Abatement shall take the form of removal or shall be covered/painted over with a color reasonably matching the color of the existing building, structure, or other surface being abated. Additionally, the business owner/licensee shall notify the City within 24 hours (at 909.350-GONE) of any graffiti elsewhere on the property not under the business owner/licensee’s control so that it may be abated by the property owner and/or the City’s Graffiti Enforcement Team.

22. The managem ent and employees of the licensed premise shall be required to prevent loitering in the parking lot of the site. The management and employees of the licensed premise shall regularly police the area under its control to prevent the loitering of persons about the premises.

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23. Sales of alcoholic beverages will be restricted to, and within the confines of, the building portion of the licensed premises.

24. A digital video surveillance system is required at the premise. It is recommended to be an internet-based system and shall be maintained in proper working order at all times. The surveillance video/visual media shall be maintained for a minimum of sixty (60) days and upon request, shall be accessible to law enforcement personnel for viewing, copying and collection purposes during regular business hours.

25. Signs shall comply with all City of Fontana sign requirements. No more than 25% of the total window area and clear doors shall bear advertising, signs or obstructions of any sort. Window signs or other obstructions shall be placed and maintained in a manner so that there is a clear and unobstructed view of the interior of the premises from the public sidewalk or entrance to the premises (this applies to all windows and glass doors of this location).

26. The exter ior of the premise, including all entrances, walkways, adjacent public sidewalks, alleyways and parking lots under the control of the licensee, shall be illuminated at a minimum of one (1) foot candle of light during all hours of darkness, so that persons standing in those areas at night are identifiable by law enforcement personnel. All luminaries utilized are required to have vandal resistant light fixtures.

27. The exterior of the licensed premises, including adjacent public sidewalks and all parking lots under the control of the licensee, shall be illuminated during the hours of darkness, at all entrances, sidewalks or parking surfaces, at a minimum of one foot candle of light.

28. A prominent, permanent sign or signs stating “NO LOITERING IS ALLOWED ON OR IN FRONT OF THESE PREMISES” shall be posted on the front of the building or in the front windows of the business, and shall be clearly visible to patrons of the licensee. The size, format, placement, and languages of the sign or signs shall be determined by the Department of Alcoholic Beverage Control. Generally, the signs should be 24 inches in length and 14 inches in width with the print of sufficient size to make them clearly readable.

29. A prominent, permanent sign or signs stating “NO OPEN ALCOHOLIC BEVERAGE CONTAINERS ARE ALLOWED ON THE PREMISES” shall be posted on the front of the building or in the front windows of the business, and shall be clearly visible to patrons of the licensee. The size, format, placement and languages of the sign or signs shall be determined by the Department of Alcoholic Beverage Control.

Generally, the signs should be 24 inches in length and 14 inches in width with the print of sufficient size to make them clearly readable.

30. No electronic arcade or amusement games are permitted on the licensed premises at any time.

31. In the event security problems occur, the Police Department (Chief of Police) will issue a letter to the owner requesting a meeting to discuss said security problems. 37 ATTACHMENT NO. 3
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If security problems are not resolved by the owner in the timeframe mutually agreed upon in said meeting, at the discretion of the Chief of Police, the business owner/licensee or management, at his or her own expense, shall provide a California licensed, uniformed security guard(s) on the premises, d uring such hours as requested and directed by the Police Department. All uniformed security guards shall comply with Fontana City Code section 22-62, and shall be registered with the State of California’s Bureau of Security and Investigative Services as a security guard prior to employment within the City of Fontana.

32. Responsible Beverage Service Training: All persons engaged in the sale or service of alcohol shall abide by the following requirements. If compliance with Item B (AB 1221 of 2017) is achieved, the requirement for Item A is void.

33. The licensee, business owner, all managers and employees engaged in the sale of alcohol, shall attend a L.E.A.D. training (Licensee Education on Alcohol and Drugs provided by the Department of Alcoholic Bevera ge Control) or an alternative responsible beverage service training (RBS), within 90 days of employment.

34. Comply with California Assembly Bill 1221 of 2017, Responsible Beverage Service Training Act. Details can be found on the website for the California Department of Alcoholic Beverage Control.

35. The approved set of Conditions of Approval, and the ABC license shall be posted at all times at a visible location behind the cashier’s counter in the facility and shall remain legible at all times.

END OF CONDITIONS OF APPROVAL

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EXHIBIT “C”

CITY OF FONTANA

CONDITIONS OF APPROVAL
PROJECT: Master Case No. (MCN) 21-032 DATE: December 7, 2021 Conditional Use Permit No. (CUP) 21-005
Drive Thru Restaurant for a Coffee Shop

LOCATION: The p roject site is located on the northeast corner of South Highland Avenue and Citrus Avenue, adjacent to South Highland Avenue (APN:
0240-011-38, -41, -03, -05, -42, -06, 35 and -44) within a 2,200 square foot suite.

PLANNING DEPARTMENT:

1. The rights and privileges granted by this project shall not become effective, nor shall the Applicant commence the use for which this project is granted, until both of the following have occurred:

A. All of the improvements, construction, alteration and other work set forth in this project have been completed and have been accepted by the City, as evidenced by the City’s issuance of a Certificate of Occupancy or other document evidencing the City’s final inspection and acceptance of the work; and
B. All other Conditions of Approval imposed by this project have been fulfilled.

2. In the event that one or more of the Conditions of Approval for this project needs to be amended and/or deleted due to health, safety, or welfare concerns, the City Manager is authorized to approve or conditionally a pprove such amendment/deletion, provided that City Manager shall bring such proposed amendment/deletion to the City Council at the next available meeting for City Council ratification, but in no event later than sixty (60) days following the City Manager’s decision. The noticing of such City Council meeting for possible ratification shall be pursuant to Section No. 30-30 and Section No. 30-31 of the Municipal Code.

3. The applicant shall defend, indemnify, protect and hold harmless the City of Fontana or its agents, officers, attorneys and employees from any and all actual or alleged claims, actions or proceedings against the City of Fontana or its agents, officers, attorneys or employees to attack, set aside, void, annul or seek monetary damages arising out of any challenge to the applicant’s proposed project or to any approvals of the Planning Commission and/or City Council concerning this project, including but not limited to actions challenging CEQA actions, permits, variances, plot plans, design plans, maps , licenses, and amendments. The City of Fontana 39 ATTACHMENT NO. 3
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shall promptly notify the applicant of any claim, action, or proceeding and the City of Fontana shall cooperate in the defense.

In the event of any such third -party action or proceeding, the City shall have t he right to retain its own separate legal counsel to defend the interests of the City. The applicant shall be responsible for reimbursing the City for such legal fees and costs, in their entirety, including actual attorneys’ fees, which may be incurred by the City in defense of such action or proceeding. This indemnification shall also include, but not be limited to, damages, fees and/or costs awarded against the City, if any, and cost of suit, attorneys’ fees, and other costs, liabilities and expenses incu rred in connection with such claim, action, or proceeding whether incurred by applicant, the City and/or any parties bringing such forth.

The City of Fontana and the applicant acknowledge that the City would not have approved this project if the City were to be liable to applicant in damages under or with respect to all or any part of this application or this condition of approval.

Accordingly, applicant shall not sue the City for damages or monetary relief for any matter arising from or related to this con dition of approval. Applicant’s sole and exclusive remedy shall be limited to declaratory/injunctive relief, mandate, and/or specific performance.

4. This Conditional Use Permit shall become null and void two (2) years from the date of approval, unless the ap propriate permits have been obtained and construction, defined as permit obtainment, commencement of construction of the primary building on site, and successful completion of the first Building and Safety Division inspection, has commenced within this period.

5. All Conditions of Approval contained herein shall be incorporated into all applicable final construction plans and a copy of these conditions shall be placed on a sheet in the final building or grading plans prior to issuance of any building or grading permits.

6. Color combinations and color schemes for buildings approved under a design review application shall not be modified or changed without prior approval of the original approving body by a revision to the original application. Minor hue colo r changes may be approved by the Director of Community Development. The Director of Community Development may refer minor hue color changes to the original approving body for consideration under a revision to the original application.

7. Exterior lighting compatible with the design of the building shall be provided for the parking lot. The lighting shall be directed and shielded so as to illuminate only the parking area and to avoid glare impacts on adjacent properties.

8. This project will comply with all applicable provisions, regulations, and development standards of Planning Area 3 of the Auto Overlay District.

9. All signs shall be reviewed under a separate Design Review Sign application.

PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY

10. The current Development fees must be paid prior to issuance of building/construction permits.

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POLICE DEPARTMENT:

11. This is a high graffiti area of the city. To discourage graffiti, apply an anti -graffiti coating on all block walls.

12. Adhere to the City st andard of one -foot candle minimum for all entrances, exits, pedestrian paths, parking lots, and activity areas. All areas shall be illuminated during all hours of darkness and all luminaries utilized shall be vandal -resistant fixtures. The type of lighti ng shall be fluorescent, white L.E.D.s or metal halide.

Provide a photometric layout under separate exhibit to ensure the minimum light standard is met.

13. Adhere to the Standard Building Security Specifications of the Fontana Police Department.

END OF CONDITIONS

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EXHIBIT “D”

CITY OF FONTANA

CONDITIONS OF APPROVAL
PROJECT: Master Case No. (MCN) 21-032 DATE: December 7, 2021 Conditional Use Permit No. (CUP) 21-006
Drive Thru Restaurant

PLANNING DEPARTMENT:

1. The rights and privileges granted by this project shall not become effective, nor shall the Applicant commence the use for which this project is granted, until both of the following have occurred:

2. In the event that one or more of the Conditions of Approval for this project needs to be amended and/or deleted due to health, safe ty, or welfare concerns, the City Manager is authorized to approve or conditionally approve such amendment/deletion, provided that City Manager shall bring such proposed amendment/deletion to the City Council at the next available meeting for City Council ratification, but in no event later than sixty (60) days following the City Manager’s decision. The noticing of such City Council meeting for possible ratification shall be pursuant to Section No. 30-30 and Section No. 30-31 of the Municipal Code.

3. The appl icant shall defend, indemnify, protect and hold harmless the City of Fontana or its agents, officers, attorneys and employees from any and all actual or alleged claims, actions or proceedings against the City of Fontana or its agents, officers, attorneys or employees to attack, set aside, void, annul or seek monetary damages arising out of any challenge to the applicant’s proposed project or to any approvals of the Planning Commission and/or City Council concerning this project, 42 ATTACHMENT NO. 3
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including but not limited to actions challenging CEQA actions, permits, variances, plot plans, design plans, maps, licenses, and amendments. The City of Fontana shall promptly notify the applicant of any claim, action, or proceeding and the City of Fontana shall cooperate in the defense.

In the event of any such third -party action or proceeding, the City shall have the right to retain its own separate legal counsel to defend the interests of the City. The applicant shall be responsible for reimbursing the City for such legal fees and costs, in their entirety, including actual attorneys’ fees, which may be incurred by the City in defense of such action or proceeding. This indemnification shall also include, but not be limited to, damages, fees and/or costs awarded against the City, if any, and cost of suit, attorneys’ fees, and other costs, liabilities and expenses incurred in connection with such claim, action, or proceeding whether incurred by applicant, the City and/or any parties bringing such forth.

The City of Fontana and the appli cant acknowledge that the City would not have approved this project if the City were to be liable to applicant in damages under or with respect to all or any part of this application or this condition of approval.

4. This Conditional Use Permit shall become null and void two (2) years from the date of approval, unless the appropriate permits have been obtained and construction, defined as permit obtainment, commencement of construction of the primary building on site, and successful completio n of the first Building and Safety Division inspection, has commenced within this period.

6. Color combinations and color schemes for buildings approved under a design review application shall not be modified or changed without prior approval of the ori ginal approving body by a revision to the original application. Minor hue color changes may be approved by the Director of Community Development. The Director of Community Development may refer minor hue color changes to the original approving body for consideration under a revision to the original application.

8. This project will comply with all applicable provisions, regulations, and development standards of Planning Area 3 of the Auto Overlay District.

All signs shall be reviewed under a separate Design Review Sign application.

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PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY

9. The current Development fees must be paid prior to issuance of building/construction permits.

POLICE DEPARTMENT:

10. This is a high graffiti area of the city. To discourage graffiti, apply an anti-graffiti coating on all block walls.

11. Adhere to the City standard of one -foot candle minimum for all entrances, exits, pedestrian paths, parking lots, and activity areas. All areas shall be illuminated during all hours of darkness and all luminaries u tilized shall be vandal -resistant fixtures. The type of lighting shall be fluorescent, white L.E.D.s or metal halide.

Provide a photometric layout under separate exhibit to ensure the minimum light standard is met.

12. Adhere to the Standard Building Securit y Specifications of the Fontana Police Department.

END OF CONDITIONS

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EXHIBIT “E”

CITY OF FONTANA

CONDITIONS OF APPROVAL

PROJECT: Master Case No. 21-032 DATE: December 7, 2021
Design Review No. 21-010
Shopping Center

LOCATION: The p roject site is located on the northeast corner of South Highland Avenue and Citrus Avenue, (APN: 0240-011-38, -41, -03, -05, -42, -06, 35 and -44).

PLANNING DEPARRTMENT:

1. All Conditions of Approval contained herein shall be incorporated into all applicable final construction plans and a copy of these conditions, signed by the property owner or legal representative, shall be placed on the first sheet of the final building plans prior to issuance of any building permits.

2. This Design Review shall become null and void two (2) years from the date of approval, unless the appropriate permits have been obtained and construction, defined as permit obtainment, commencement of construction of the primary building on site, and successful completion of the first Building and Safety Division inspection, has commenced within this period.

3. The rights and privileges granted by this project shall not become effective, nor shall the Applicant commence the use for which this project is granted, until both of the following have occurred:

a. All of the improvements, construction, alteration and other work set forth in this project have been completed and have been accepted by the City, as evidenced by the City’s issuance of a Certificate of Occupancy or other document evidencing the City’s final inspection and acceptance of the work; and

b. All other Conditions of Approval imposed by this project have been fulfilled.

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4. Prior to the construction of any modifications, all structural and aesthetic changes to the project design must be requested and approved in writing by the Director of Community Development or his/her designee.

5. This project will comply with all applicable provisions, regulations and development standards of the City of Fontana Municipal Code.

6. The occupants of this facility shall comply with applicable provisions of local, state and federal laws and regulations with respect to noise, vibration, smoke, odors, fire and explosive hazards, including, but not limited to the City’s adopted Hazardous M aterials Management Plan and Industrial Wastewater/Discharge requirements.

7. The applicant shall defend, indemnify, protect and hold harmless the City of Fontana or its agents, officers, attorneys and employees from any and all actual or alleged claims, act ions or proceedings against the City of Fontana or its agents, officers, attorneys or employees to attack, set aside, void, annul or seek monetary damages arising out of any challenge to the applicant’s proposed project or to any approvals of the Planning Commission and/or City Council concerning this project, including but not limited to actions challenging CEQA actions, permits, variances, plot plans, design plans, maps, licenses, and amendments. The City of Fontana shall promptly notify the applicant of any claim, action, or proceeding and the City of Fontana shall cooperate in the defense.

In the event of any such third party action or proceeding, the City shall have the right to retain legal counsel. The applicant shall be responsible and reimburse the City for such legal fees and costs, in their entirety, including actual attorneys’ fees, which may be incurred by the City in defense of such action or proceeding. This indemnification shall also include, but not be limited to, damages, fees and/or costs awarded against the City, if any, and cost of suit, attorneys’ fees, and other costs, liabilities and expenses incurred in connection with such claim, action, or proceeding whether incurred by applicant, the City and/or any parties bringing such forth.

Except as required under applicable State and Federal law, the City of Fontana and the applicant acknowledge that the City would not have approved this project if the City were to be liable to applicant in damages under or with respect to all or any part of this application or this condition of approval. Accordingly, applicant shall not sue the City for damages or monetary relief for any matter arising from or related to this condition of approval. Applicant’s sole and exclusive remedy shall be limited to declaratory/injunctive relief, mandate, and/or specific performance.

8. In the event that one or more of the Conditions of Approval for this project needs to be amended and/or deleted due to health, safety or welfare concerns, the City Manager is authorized to approve or conditionally approve such amendment/deletion, provided that City manager shall bring such proposed 46 ATTACHMENT NO. 3
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amendment/deletion to the City Council at the next available meeting for City Council ratification, but in no event later than sixty (60) days following the City Manger’s decision. The noticing of such City Coun cil meeting for possible ratification shall be pursuant to Sections 30-30 and 30-31 of the Municipal Code.

9. Exterior lighting compatible with the design of the building shall be provided for the parking lot. The lighting shall be directed and shielded so as to illuminate only the parking area and to avoid glare impacts on adjacent properties.

10. All roof-mounted equipment and ground mounted equipment shall be screened from view from adjacent properties and streets with colors and materials that are compatible with the architecture of the building(s).

11. Any foam treatment used for architecture treatments and/or projections located on the first floor shall be covered with concrete or similar durable material a minimum of ¼ inch thick, or as determined by the Director of Community Development. ]

12. The applicant shall post a publicly visible sign on the project site with the telephone number and 24-hour point of contact for dust, noise, and construction complaints.

The 24-hour point of contact shall be available 24 hours a day, 7 days a week and have authorit y to commit additional assets to control dust, or respond to construction complaints after hours, on weekends and on holidays. Construction shall be limited to 7:00am to 6:00pm on weekdays, 8:00am to 5:00pm on Saturdays, and no construction on Sundays and Holidays.

13. Bicycle parking racks or secured bicycle lockers shall be provided for this development. Bicycle racks or lockers shall be provided at a rate of one bicycle parking space per 20 automobile parking spaces with a minimum of a two -bike rack.

14. All future monument signs shall be reviewed under a separate Design Review Sign application.

PRIOR TO ISSUANCE OF A GRADING PERMIT:

15. The applicant/developer shall comply with the mitigation measures identified in the Initial Study/Mitigated Negative Declaration Mitigation Monitoring and Reporting Program.

16. The applicant shall have fully provided, constructed, or otherwise meet all Planning Department’s requirements per approved plans, and shall have addressed all punch list items to the satisfaction of the Director of Planning.

17. All Conditions of Approval contained herein shall be incorporated into all applicable final construction plans and a copy of these conditions, signed by the property owner or legal representative, shall be placed on a sheet in the final bu ilding or grading plans prior to issuance of any building or grading permits.

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18. A Planning D epartment final inspection fee of $265.00 shall be paid prior to issuance of the Certificate of Occupancy for Industrial and Commercial Development.

19. Applicant shall pay all applicable service fees pursuant to the City of Fontana Municipal Code.

20. All architecture treatments and /or projections located on any elevation of any building shall be of durable non-foam e.g. (extrusive polystyrene) material; the use of foam for additional detailing is permitted above the first 14 feet in height on the elevations.

BUILDING & SAFETY DIVISION:

21. Shall comply with the latest adopted edition of the following codes as applicable:

22. Automatic fire suppression systems shall be installed in all new construction per Article II, Chapter 11 of the Code of the City of Fontana. Design and type of system shall be based upon the requirements of the Building Code, Fire Code and the requirements of the Fontana Fire Prevention District.

23. The requirements of the Air Quality Management District shall be satisfied prior to the issuance of any permit if hazardous materials are stored and/or used.

24. Any temporary building, trailer, commercial coach, etc. installed and/or used in connection with a construction project shall comply with City Code.

25. All perimeter/bound ary walls shall be designed and constructed so that the outer/exterior face of the wall is as close as possible to the lot line. In any case, the outer/exterior face of the wall shall be within two (2) inches of the lot line.

Distances greater than two ( 2) inches may be approved prior to construction by the Building Official on a case by case basis for extenuating circumstances.

26. The Parcel map shall record prior to the issuance of any permits.

27. Grading Requirements:

A. Grading plans shall be submitted to and approved by Building & Safety.

The grading plans shall indicate all site improvements and shall indicate complete drainage paths of all drainage water run-offs.

B. All drainage water shall drain via approved methods to an approved location, such as a public street, a public drainage system, etc. 48 ATTACHMENT NO. 3
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C. Drainage water shall not cross over a public sidewalk. Drainage water may, however, cross under a sidewalk if an approved drainage structure is used.

D. A recorded drainage acceptance agreement is required from adjoinin g property(s) receiving flows from this property.

E. No water course or natural drainage shall be obstructed.

F. Minimum slope or grade for ALL drainage structures shall be one half (0.50) percent for concrete and one (1.0) percent for all other, or as otherwise approved by the Building Official.

H. A compl ete hydrology study using the latest edition of the San Bernardino County Flood Control Hydrology Manual, and complete hydraulic calculations justifying the size, slope, capacity, etc. of any and all drainage structures being utilized, shall be submitted to and approved by Building & Safety.

I. The grading plans shall, as a minimum, contain sections at all lot lines and/or permit boundary lines. These sections shall clearly indicate:

1. The relationship between the proposed finished on -site grade elevations and the existing ad jacent property grade elevations (Indicate any additional drainage water that may come from an adjacent property.); and

2. The ground cover/finished surface material being proposed (e.g., type of pavement, plant material, etc.); and

3. All proposed drainage structures; and

4. Any proposed and/or required walls or fencing.

28. All signs shall be Underwriters Laboratories approved or equal.

29. Permits are required prior to the removal and/or demolition of structures.

30. All exterior lighting shall be oriented, directed, and/or shielded as much as possible so that direct illumination does not infringe onto adjoining properties.

PRIOR TO ISSUANCE OF BUILDING/CONSTRUCTION PERMITS

31. The following items (as applicable) shall be completed and/or submitted to Building & Safety prior to the issuance of building permits for this project:
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A. Precise grading plans shall be approved
B. Rough grading completed
C. Compaction certification
D. Pad elevation certification
E. Rough grade inspection signed off by a City Building Inspector

32. If hazardous substances are used and/or stored, a technical opinion and report, identifying and developing methods of protection from the hazards presented by the hazardous materials, may be required. This report shall be prepared by a qualified person, firm, or corporation and submitted to Building & Safety. This report shall also explain the proposed facility's intended methods of operation and list all of the proposed materials, their quantities, classifications, and the effects of any chemical (material) inter-mixing in the event of an accident or spill.

ENGINEERING LAND DEVELOPMENT:

33. The project shall be served by the City’s sanitary sewer system, all sewer facilities shall be constructed in accordance with the City Standards. Main trunk sewer line shall be in accordance with master sanitary sewer plan or as approved by the City Engineer.

34. The applicant shall obtain design and plan approval from all utility providers having jurisdiction over the on-site and off-site utilities. Completion of all undergrounding of onsite and off -site utilities is required by Section 27 -52 of the City Mun icipal Code and in accordance with plans and specifications approved by the City Engineer.

35. It is the Applicant’s responsibility to maintain all improvements and utilities within the public right-of-way, including street sweeping, prior to final acceptance by the City.

36. The applicant shall obtain an encroachment permit from Caltrans for any work required within Caltrans’ right-of-way.

37. This applicant’s engineer shall prepare and submit traffic signal plans per approved site plan and as required to the sat isfaction of the City Engineer. PRIOR TO

ISSUANCE OF GRADING PERMIT

38. Applicant shall submit and gain approval of a complete WQMP Report in accordance with the County of San Bernardino Technical Guidance Document and latest template.

39. Traffic study must be approved.

PRIOR TO MAP RECORDATION

40. Record parcel map, right -of-way dedications, easements, and reciprocal access agreement as required for the development.
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41. Applicant shall provide a Land Improvement Agreement, with accompanying security. The agreement shall be executed on City -provided forms. PRIOR TO

ISSUANCE OF CONSTRUCTION PERMITS

42. Applicant shall submit engineered improvement plans and obtain full approva l. All required public improvements, including streets, storm drainage systems, sewers, traffic signals, streetlights, striping, signs, landscape, and any required traffic control and/or detour plans. All plans shall conform to City Standards and Specifica tions, and as approved by the City Engineer. PRIOR TO ISSUANCE OF FINAL

CERTIFICATE OF OCCUPANCY

43. Applicant/Engineer to provide the City of Fontana with As Built/Record Drawings for all public improvement plans. Commercial Industrial Land Development Engineering Conditions MCN21-000032 Revised 11-18-21 KS & RG

44. Applicant/Engineer shall provide centerline ties to the City of Fontana reflecting proper setting of all survey monuments within the project limits and replace any existing survey monuments damaged or removed during construction. 13.

Applicant/Engineer shall set survey monuments as required by the map and corner records must be recorded with the County.

45. Applicant/Landscape Architect shall provide a “Landscape Certificate of Compliance” certifying that the work has been designed, installed, and will be maintained in accordance with the City of Fontana’s Model Water Efficiency Landscape Ordinance (Ordinance 1743, FCC Section 28).

46. All sewers and storm drains shall be video inspected by applicant/contractor. Sewer video shall include clean -out connection, clean -out to lateral segment, lateral, and main line. Storm drain video shall include main lines and laterals. Applicant shall provide a copy of the video on DVD or flash drive to inspection staff. V ideos to be inspected and approved by City Inspection. If removal and replacement of any utility is required, a subsequent video of the repair will be required.

47. Applicant/Engineer of Record shall submit a conforming copy of the recorded Memorandum of Agr eement for the Water Quality Management Plan and Storm Water BMP Transfer. The Access, Maintenance, and the WQMP Certification for BMP Completion must be submitted to the City Project Engineer.

PUBLIC WORKS:

48. All commercial facilities must complete an Industrial Wastewater Discharge Permit application prior to final Certificate of Occupancy (FMC 23-218).

49. All commercial or industrial facilities within the following categories must install a gravity separation interceptor to comply with the requirements of FMC Section 23-190 unless the requirement is modified by a variance issued by the Public Services Director.

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Solid Waste:

50. All Commercial, Industrial, Institutional, or Residential buildings having 5 or more living units must provide refuse collection areas (AB 1327). Design plans shall be submitted and approved prior to construction and shall meet the following design requirements:

 These areas (Trash Enclosures) shall be of adequate size to contain a refuse and recycling bin and provide convenient accessibility for the deposit and collection of these materials. (AB 1327)

 The standard bin size provided by the City of Fontana’s franchise hauler for commercial establishments is 7'L x 4'W x 5'H.

 Collection areas must adequately protect recyclable materials from the harmful effects of the weather. (FMC 24-12, AB 1327)

 Refuse collection areas used by food service facilities (restaurants, bakeries, coffee or juice bars, ice cream stores, or food processing) for the collection of food wastes shall have a solid roof (NPDES Standard BMP).

51. All Commercial, Industrial and construction projects must comply with the requirements of FMC 24-11; General Standards relating to the hauling of refuse and/or recycling by the City’s franchise hauler during construction and post-construction.

Storm Water:

52. All parkway culverts constructed for the purpose of conveying storm water from the project to a public right of way must be maintained in operating condition by the property owner.

SCHOOL DISTRICT:

53. Prior to issuance of building permits the applicant shall be responsible for paying the applicable school district fee.

POLICE DEPARTMENT:

54. Adhere to the City standard of one foot candle minimum for all entrances, exits, pedestrian paths, parking lots, and activity areas. All areas shall be illuminated during all hours of darkness and all luminaries utilized shall be vandal -resistant fixtures. The type of lighting shall be fluorescent, white L.E.D.s or metal halide.

Provide a photometric layout under separate exhibit.

55. Adhere to the Standard Building Security Specifications of the Fontana Police Department.

SAN BERNARDINO COUNTY HAZARDOUSE MATERIALS DIVSION:

56. Prior to occupancy, the business operator shall be required to apply for one or more of the following permits, or apply for exemption from hazardous materials laws and 52 ATTACHMENT NO. 3
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regulations: Hazardous Materials Permit, Hazardous Waste Permit, Aboveground Storage Tank Permit, or Underground Storage Tank Permit. Application for one or more of these permits shall occur by submitting a hazardous materials business plan using the California Environmental Reporting System (CERS) http://cers.calepa.ca.gov/ Additional information can be found at http://www.sbcfire.org/ofm/Hazmat/PoliciesProcedures.aspx or you may contact The Office of the Fire Marshal, Hazardous Materials Division at (909) 386-8401.

57. Facilities having an aggregate store capacity of over 1320 gallons of petroleum products on site must prepare and implement a Spill Prevention, Control, and Countermeasures (SPCC) Plan prior to having petroleum product in them. 40 CFR 1 112.3

FIRE DEPARTMENT:

58. Jurisdiction. The above referenced project is under the jurisdiction of the Fontana Fire Protection District (herein “Fire Department”). Prior to any construction occurring on any parcel, the applicant sha ll contact the Fire Department for verification of current fire protection requirements. All new construction shall comply with the current California Fire Code requirements and all applicable statutes, codes, ordinances and standards of the Fire Department.

59. Fire Access Road Width. Prior to map recordation, all fire access roadways shall be designed to meet the requirements for this development and shall be approved by the Fire Department. All buildings shall have access provided by approved roads, alleys and private drives with a minimum twenty six (26) foot unobstructed width and vertically to fourteen (14) feet six (6) inches in height. Buildings three (3) stories in height or more shall have a minimum access of thirty (30) feet unobstructed width and vertically to fourteen (14) feet six (6) inches in height. California Fire Code sec 503, SBCFD Standard 503.1

60. Fire Lanes. The applicant shall submit on a site plan to the Fire Department for review and approval all proposed signage and striping for all fire access roadways.

All curbs adjacent to fire lanes shall be painted red and “No Parking, Fire Lane” signs shall be installed on public and private roads in accordance with approved standards. SBCFD Standard 501.

61. Water System Commercial . Prior to map record ation, all water supply systems shall be designed to meet the required fire flow for this development and shall be approved by the Fire Department. The required fire flow shall be determined by using Appendix B of the California Fire Code. A minimum of one new six (6) inch fire hydrant assembly with two (2) two and one half (2 1/2) inch and one (1) four (4) inch outlet shall be provided. All fire hydrants shall be spaced no more than three hundred (300) feet apart as measured along vehicular travel -ways. California Fire Code sec 508, SBCFD Standard 508.1
The Fire Flow for this project shall be: 1500 GPM for a 2 hour duration at 20 psi residual operating pressure.
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62. Hydrant Marking. Blue reflective pavement markers indicating fire hydrant locations shall be installed as specified by the Fire Department. SBCFD Standard 508.5.2.

63. Water System Certification. The applicant shall provide the Fire Department with a letter from the serving water company, certifying that the required water improvements have been made or that the existing fire hydrants and water system will meet distance and fire flow requirements. Fire flow water supply shall be in place prior to placing combustible materials on the job-site.

64. Combustible Protection. Prior to combustibles being placed on the project site an approved paved roadway providing fire access and fire hydrants providing an acceptable fire flow shall be installed. California Fire Code sec 508, SBCFD Standard 508.1

65. Fire Sprinkler-NFPA #13. An automatic fire sprinkler system complying with NFPA 13 and Fire Department standards is required. A fire sprinkler contractor shall submit three (3) sets of detailed plans to the Fire Department for review and approval. The plans shall include hydraulic calculations and manufacturer specification sheets. The required fees shall be paid at the time of plan submittal. SBCFD Standard 903.

66. Fire Alarm, Water Flow Monitoring . A water flow monitoring fire alarm system complying with the California Fire Code, NFPA and all applicable codes is required for fire sprinkler systems with twenty (20) sprinkler heads or more. A fire alarm contractor shall submit three (3) sets of detai led plans to the Fire Department for review and approval. The required fees shall be paid at the time of plan submittal.

California Fire Code sec. 907, SBCFD Standard 907 FA-M.

67. Fire Extinguishers. Hand portable fire extinguishers are required. The location, type, and cabinet design shall be approved by the Fire Department. California Fire Code sec. 906.

68. Commercial Addressing. Commercial and industrial developments of 100,000 sq. ft. or less shall have the street address installed on the building with numbers that are a minimum six (8) inches in height and with a one (1) inch stroke. The street address shall be visible from the street. During the hours of darkness, the numbers shall be electrically illuminated (internal or external). Where the building is two hundred (200) feet or more from the roadway, additional non-illuminated contrasting six (6) inch numbers shall be displayed at the property access entrances. SBCFD Standard 505.1

69. Key Box. An approved Fire Department key box is required. The key box shall be provided with a tamper switch and shall be monitored by a Fire Department approved central monitoring service. SBCFD Standard 506

70. Material Identification Placards. The applicant shall install, in all locations deemed appropriate by the Fire Department, approved material identification placards on the outside of all buildings and/or storage tanks that store hazardous or flammable materials. Additional placards shall be required inside the buildings when chemicals are segregated into separate areas. Standard 2703.5.
54 ATTACHMENT NO. 3
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EXHIBIT “F”

CITY OF FONTANA

CONDITIONS OF APPROVAL

PROJECT: Master Case No. 18-033 DATE: December 7, 2021
Design Review Sign No. 21-018

LOCATION: The project site is located on the northwest corner of South Highland Avenue and Sierra Avenue within Planning Area 4 of the Auto Center Overlay District (APN 0240 -091-39, -41, -43, -48, -54, -57, -58, -59, and - 60)

PLANNING DIVISION:

3. The rights and privileges granted by this project shall n ot become effective, nor shall the Applicant commence the use for which this project is granted, until both of the following have occurred:

b. All other Conditions of Approval imposed by this project have been fulfilled. 55 ATTACHMENT NO. 3
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5. This project will comply with all applicable provisions, regulations and development standards of the City of Fontana Municipal Code.

6. The applicant shall defend, indemn ify, protect and hold harmless the City of Fontana or its agents, officers, attorneys and employees from any and all actual or alleged claims, actions or proceedings against the City of Fontana or its agents, officers, attorneys or employees to attack, set aside, void, annul or seek monetary damages arising out of any challenge to the applicant’s proposed project or to any approvals of the Planning Commission and/or City Council concerning this project, including but not limited to actions challenging CEQA actions, permits, variances, plot plans, design plans, maps, licenses, and amendments. The City of Fontana shall promptly notify the applicant of any claim, action, or proceeding and the City of Fontana shall cooperate in the defense.

In the event of any such third party action or proceeding, the City shall have the right to retain legal counsel. The applicant shall be responsible and reimburse the City for such legal fees and costs, in their entirety, including actual attorneys’ fees, which may be incurred by the City in defense of such action or proceeding. This indemnification shall also include, but not be limited to, damages, fees and/or costs awarded against the City, if any, and cost of suit, attorneys’ fees, and other costs, liabilities and expen ses incurred in connection with such claim, action, or proceeding whether incurred by applicant, the City and/or any parties bringing such forth.

Except as required under applicable State and Federal law, the City of Fontana and the applicant acknowledge that the City would not have approved this project if the City were to be liable to applicant in damages under or with respect to all or any part of this application or this condition of approval. Accordingly, applicant shall not sue the City for damages or monetary relief for any matter arising from or related to this condition of approval. Applicant’s sole and exclusive remedy shall be limited to declaratory/injunctive relief, mandate, and/or specific performance.

7. In the event that one or more of the Conditions of Approval for this project needs to be amended and/or deleted due to health, safety or welfare concerns, the City Manager is authorized to approve or conditionally approve such amendment/deletion, provided that City manager shall bring such pr oposed amendment/deletion to the City Council at the next available meeting for City Council ratification, but in no event later than sixty (60) days following the City Manger’s decision. The noticing of such City Council meeting for possible ratification shall be pursuant to Sections 30-30 and 30-31 of the Municipal Code.

8. The applicant shall post a publicly visible sign on the project site with the telephone number and 24-hour point of contact for dust, noise, and construction complaints. 56 ATTACHMENT NO. 3
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The 24-hour point of contact shall be available 24 hours a day, 7 days a week and have authority to commit additional assets to control dust, or respond to construction complaints after hours, on weekends and on holidays. Construction shall be limited to 7:00am to 6:00pm on weekdays, 8:00am to 5:00pm on Saturdays, and no construction on Sundays and Holidays.

PRIOR TO ISSUANCE OF A GRADING PERMIT:

9. The applicant/developer shall comply with the mitigation measures identified in the Initial Study/Mitigated Negative Declara tion Mitigation Monitoring and Reporting Program.

10. The applicant shall have fully provided, constructed, or otherwise meet all Planning Division’s requirements per approved plans, and shall have addressed all punch list items to the satisfaction of the Planning Director.

11. All Conditions of Approval contained herein shall be incorporated into all applicable final construction plans and a copy of these conditions, signed by the property owner or legal representative, shall be placed on a sheet in the final bui lding or grading plans prior to issuance of any building or grading permits.

12. A Planning D epartment final inspection fee of $265.00 shall be paid prior to issuance of the Certificate of Occupancy for Industrial and Commercial Development.

13. Applicant shall pay all applicable service fees pursuant to the City of Fontana Municipal Code.

14. All architecture treatments and /or projections located on any elevation of any building shall be of durable non-foam e.g. (extrusive polystyrene) material; the use of foam for additional detailing is permitted above the first 14 feet in height on the elevations.

BUILDING & SAFETY DIVISION:

15. Shall comply with the latest adopted edition of the following codes as applicable:

16. Automatic fire suppression systems shall be installed in all new construction per Article II, Chapter 11 of the Code of the City of Fontana. Design and type of system shall be based upon the requirements of the Building Code, Fire Code and the requirements of the Fontana Fire Prevention District.
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17. The requirements of the Air Quality Management District shall be satisfied prior to the issuance of any permit if hazardous materials are stored and/or used.

18. Any temporary building, trailer, commercial coach, etc. installed and/or used in connection with a construction project shall comply with City Code.

19. All perimeter/boundary walls shall be designed and constructed so that the outer/exterior face of the wall is as close as possible to the lot line. In any case, the outer/exterior face of the wall shall be within two (2) inches of the lot line.

Distances greater than two (2) inches may be approved prior to construction by the Building Official on a case by case basis for extenuating circumstances.

20. The Parcel map shall record prior to the issuance of any permits.

21. Grading Requirements:

A. Grading plans shall be submitted to and approved by Building & Safety.

The grading plans shall indicate all site improvements and shall indicate complete drainage paths of all drainage water run-offs.

B. All drainage water shall drain via approved methods to an approved location, such as a public street, a public drainage system, etc.

C. Drainage water shall not cross over a public sidewalk. Drainage water may, however, cross under a sidewalk if an approved drainage structure is used.

D. A recorded drainage acceptance agreement is required from adjoining property(s) receiving flows from this property.

E. No water course or natural drainage shall be obstructed.

F. Minimum slope or grade for ALL drain age structures shall be one half (0.50) percent for concrete and one (1.0) percent for all other, or as otherwise approved by the Building Official.

G. Drainage water shall not pass from an ‘improved’ type of drainage structure to an ‘unimproved’ type of drai nage structure (e.g., concrete swale to a dirt swale) unless otherwise approved by the Building Official.

I. The grading plans shall, as a minimum, contain sections at all lot lines and/or permit boundary lines. These sections shall clearly indicate:

1. The relationship between the proposed finished on -site grade 58 ATTACHMENT NO. 3
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elevations and the existing adjacent property grade elevations (Indicate any additional drainage water that may come from an adjacent property.); and

2. The ground cover/finished surface material being proposed (e.g., type of pavement, plant material, etc.); and

3. All proposed drainage structures; and

4. Any proposed and/or required walls or fencing.

22. All signs shall be Underwriters Laboratories approved or equal.

23. Permits are required prior to the removal and/or demolition of structures.

24. All exterior lighting shall be oriented, directed, and/or shielded as much as possible so that direct illumination does not infringe onto adjoining properties.

PRIOR TO ISSUANCE OF BUILDING/CONSTRUCTION PERMITS

25. The following items (as applicable) shall be completed and/or submitted to Building & Safety prior to the issuance of building permits for this project:

A. Precise grading plans shall be approved
B. Rough grading completed
C. Compaction certification
D. Pad elevation certification
E. Rough grade inspection signed off by a City Building Inspector

26. If hazardous substances are used and/or stored, a technical opinion and report, identifying and developing methods of protection from the hazards presented by the hazardous materials, may be required. This report shall be prepared by a qualified person, firm, or corporation and submitted to Building & Safety. This report shall also explain the proposed facility's intended methods of operation and list all of the proposed materials, their quantities, classifications, and the effects of any chemical (material) inter-mixing in the event of an accident or spill.

END OF CONDITIONS OF APPROVAL

59 ATTACHMENT NO. 3
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ATTACHMENT NO. 9

NOTICE OF DETERMINATION

TO: X County Clerk, County of FROM: City of Fontana San Bernardino Planning Department
8353 Sierra Avenue
___ Office of Planning and Research Fontana, CA 92335

SUBJECT: Filing of Notice of Determination in Compliance with Section 21152 of the Public Resources Code.

Project Title: Master Case No. 21-032, ZCA 21-001, TPM 21-006, CUP 21-004, CUP 21-005, CUP 21-006, Design Review No. 21-010 and DRS 21-018 – Citrus Crossroads Commercial Center State Clearinghouse Number: N/A
Name of Person or Agency carrying out project: Paul Gonzales – Senior Planner. City of Fontana (Lead Agency) 8353 Sierra Avenue, Fontana, CA 92335.

Project Location: Northeast corner of South Highland Avenue and Citrus Avenue (APNs: 0240-011-38, -41, -03, - 05, -42, -06, -35 and -44)

Project Description: The project is for the development of a new local -serving shopping center consisting of an anchor building and various outlying building pads totaling approximately 53,740 square feet of building area.

Project Proponent & Address: Sage Investco, 4340 Von Karman Ave. #110, Newport Beach, CA 92660

Contact Name & Phone: Ralph Deppisch– (949) 705-0426

This is to certify that the City of Fontana approved the above described project on ______________, and made the following determinations:

1. The project ____ will X will not have a significant effect on the environment.

2. A Mitigated Negative Declaration was prepared and certified for this project pursuant to the provisions of CEQA and reflects the independent judgment of the Lead Agency.

3. Mitigation measures X were were not made a condition of the approval of the project.

4. A Statement of Overriding Considerations __ was X was not adopted for this project.

5. Findings X were were not made pursuant to the provisions of CEQA.

6. The location and custodian of the documents which comprise the record of proceedings for the Addendum are specified as follows:

Custodian: City of Fontana, Planning Department
Location: 8353 Sierra Avenue, Fontana, CA 92335

____________________________
DiTanyon Johnson
Principal Planner
Date Received for Filing
60 ATTACHMENT NO. 3
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ATTACHMENT NO. 10

NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION

AND NOTICE OF PUBLIC HEARING

A PUBLIC HEARING HAS BEEN SCHEDULED BEFORE THE PLANNING COMMISSION OF THE CITY OF FONTANA FOR THE FOLLOWING:

MASTER CASE NO. 21-032, ZONE CODE AMENDMENT NO. 21-001, TENTATIVE PARCEL MAP NO. 20370 (TPM NO. 21-006), DEVELOPMENT AGREEMENT NO. 21-003, CONDITIONAL USE PERMIT NO. 21-004, CONDITIONAL USE PERMIT NO. 21-005, CONDITIONAL USE PERMIT NO. 21 -006,) DESIGN REVIEW PROJECT NO. 21-010 AND DESIGN REVIEW SIGN NO. 21-018.

The proposed project includes the development of the “Citrus Crossroads” commercial retail center, a new local-serving shopping center and grocery consisting of an anchor building and various outlying building pads totaling approximately 53,740 square feet of building(s).

Environmental
Determination:

An Initial Study (IS) has been prepared for this project pursuant to the California Environmental Quality Act (CEQA). Based on the information in the IS, no significant impact is anticipat ed as a resu lt of project implementation, with mitigation incorporated. A Mitigated Negative
Declaration has been prepared for
the P lanning Commission’s
consideration.

The Initial Study and Mitigated
Negative Declaration are
available for public review from
November 15 to December 7,
2021, at the Planning
Department.

Location of
Property:

The project site is located on
the northeast corner of South
Highland Avenue and Citrus
Avenue (APN: 0240-011-38, -
41, -03, -05, -42, -06, -35, and -
44 is in Planning Area 1 of the
Auto Overlay District.

Date of Hearing: December 7, 2021
Place of Hearing: City Hall Council Chambers
8353 Sierra Avenue
Fontana, CA 92335
Time of Hearing: 6:00 p.m.

Should you have any questions concerning this project, please contact Paul Gonzales, Senior Planner, at (909) 350-6658 or at [email protected].

ANY INTERESTED PARTY MAY APPEAR AND PRESENT ANY INFORMATION WHICH MAY BE OF ASSISTANCE TO THE PLANNING COMMISSION. A COP Y OF THE APPLICATION AND ENVIRONMENTAL DOCUMENTATION IS AVAILABLE FOR INSPECTION IN THE PLANNING DEPARTMENT, CITY HALL.

Project Site
South Highland Avenue
Citrus Avenue
61 ATTACHMENT NO. 3
61 of 64320
ATTACHMENT NO. 10

IF YOU CHALLENGE IN COURT ANY ACTION TAKEN CONCERNING A PUBLIC HEARING ITEM, YOU MAY BE

LIMITED TO RAISING ONLY THOSE ISSUES YOU OR SOME ONE ELSE RAISED AT THE PUBLIC HEARING

DESCRIBED IN THIS NOTICE, OR IN WRITTEN CORRESPONDENCE DELIVERED TO THE CITY AT, OR PRIOR TO, THE PUBLIC HEARING.
62 ATTACHMENT NO. 3
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Planning Commission Minutes December 7, 2021

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PH-E Master Case No. 21-032; Zone Code Amendment No. 21-001; D evelopment Agreement No. 21-003; Tentative Parcel Map No. 20370 (TPM No. 2 1-006); Conditional Use Permit No. 21-004; Conditional Use Permit No. 2 1-005; Conditional Use Permit No. 21-006; Design Review Project No. 21 -010; and Design Review Sign No. 21-018 - To review the proposed development of a new commercial shopping center with an anchor grocery store on an approximately 6.2 adjusted gross acre site located within Planning Area 1 of the Auto Center Overlay.

Chair Fort opened the Public Hearing.

Paul Gonzales, Senior Planner presented the staff report. In ad dition, George Velarde, Assistant Planner was present.

The commission and staff discussed the monument sign, the drive-thru, and stacking for the project. In addition, the commission discussed the change to the Planning Areas.

The commission and staff further ensued a discussion regarding other allowed uses for the project site; staff discussed the commercial use for this a rea. In addition, the commission inquired about which developers had been interested in this project site. The commission further discussed mini mum parking standards, stackin g, and traffic. The commission also inquired about possible tenants.

The commission commented that an increase in traffic in this ar ea would encourage visitors to visit the current car dealerships in the area. Also , the commission discussed vacant properties within the area for future possible car dealerships.

Speaking on behalf of the applicant, Ralph Tepish, read and agreed to the Conditions of Approval. He further stated that he is proud of the project that is being presented to the city, and briefly discussed the timeline for the project.

The commission and the applicant discussed possible tenants for this project.

The applicant thanked staff, George Velarde for assisting with the project.

The commission and the applicant further discussed a grocery tenant, and a coffee shop.

The commission thanked the applicant for bringing this project and their business to the city. The applicant commented that he looks forward to working with the city in future developments, as working with the city with this project has been business friendly.

The Public Hearing was opened.

The following individual spoke in opposition of the project:

ATTACHMENT NO. 3
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Planning Commission Minutes December 7, 2021

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Robert Morris

The following individual spoke in favor of the project:

Lydia Perez

The Public Hearing was closed.

The commission and staff discussed traffic and environmental studies, and signage.

The commission directed Engineering Staff to talk to Ms. Perez’s regarding her traffic concerns.

The commission and staff briefly discussed the property owner’s rights to sell their property.

The commission and staff further discussed traffic signals for the project site, and additional traffic counts.

RECOMMENDATION:

Based on the information in the staff report and subject to the attached Findings and Conditions of Approval, staff recommends that the Planning Commission adopt Resolution PC No. 2021-048; and, forward a recommendation to the City Council to:

1. Adopt the Mitigated Negative Declaration and Mitigation Monitoring Program (MMRP) and direct staff to file a Notice of Determination; and,

2. Adopt an ordinance approving Zoning Code Amendment No. 21-001; and,

3. Adopt an ordinance approving Development Agreement No. 21-003; and,

4. Adopt a resolution approving Tentative Parcel Map No. 20370 (TPM No. 21-006), approving Conditional Use Permit No. 21-004, approving Conditional Use Permit No. 21-005, approving Conditional Use Permit No. 21-006, approving Design Review No. 21-010 and approving Sign Program (DRS No. 21-018).

ACTION: Motion was made by Commissioner Thrasher, seconded by V ice Chair Sangha, and passed unanimously by a vote of 4-1 to adopt the Resolution presented. The motion carried by the following vote:

Aye: Chairperson Fort, Vice Chair S angha, Commissioners Gordon and Thrasher

Nay: Secretary Sanchez

ATTACHMENT NO. 3
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ATTACHMENT NO. 4
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF CITY OF FONTANA ,
APPROVING ZONING CODE AMENDMENT 21-001 FOR TEXT AND FIGURE CHANGES TO DIVISION 5 – THE AUTO CENTER OVERLAY DISTRICT OF

THE ZONING AND DEVELOPMENT CODE THAT INCLUDE CHANGING
PLANNING AREA 1 TO PLANNING AREA 3 ON APPROXIMATELY 6.20 ADJUSTED GROSS ACRES (APN: 0240-011-03, -05, -06, -35, -38, -41, -42, and -44) AND ADDING GROCERY STORES AS PERMITTED USES WITHIN THE AUTO CENTER OVERLAY DISTRICT.

THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA , DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. On December 7TH, 2021, the Planning Commission duly conducted a noticed public hearing on Zone Change No. 21-001, received testimony and information from any and all parties, and recommended its approval to the City Council by resolution.

Section 2. After the publication of notice as required by law, the City Council of the City of Fontana, California conducted a public hearing on Zone Change No. 21-001.

Section 3. Based on the information presented to the City Council at the public hearing held for Zone Change No. 21-001, on January 25, 2022, the testimony received, and the supporting documents in evidence, the City Council found that the proposed amendment is in conformance with the goals and policies of the General Plan.

Section 4. Zone Change No. 21-001 is consistent with the goals and policies of the City of Fontana, General Plan by providing for a variety of commercial uses; and

Section 5. Based on the information in the Initial Study (IS), a Mitigated Negative Declaration, and Mitigation Monitoring and Reporting Program have been prepared for this project pursuant to the California Environmental Quality Act (CEQA) and the 2019 Local Guidelines for Implementing CEQA . Based on the information in the IS, the project could not have a significant effect on the environment as a re sult of project implementation and the Mitigated Negative Declaration, and Mitigation Monitoring and Reporting Program have been prepared.

Section 6. Zone Change No. 21-001 is hereby approved and the zoning for Assessor Parcel Nos. 0240-011-38, -41, -03, -05, -42, -06, -35 and -44 is changed from Planning Area 1 to Planning Area 3 as shown on Exhibit “A”, attached hereto and by this reference incorporated.
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Ordinance No. ___
2 Section 7. This Ordinance shall take effect thirty (30) days after the date of the adoption and prior to the expiration of fifteen (15) days from the passage thereof, shall be published by the City Clerk at least once in the Herald News, a local newspaper of the ge neral circulation, published and circulation in the City of Fontana, and henceforth and thereafter the same shall be in full force and effect.

APPROVED AND ADOPTED this January 25th, 2022.

READ AND APPROVED AS TO LEGAL FORM:

_________________________________________
City Attorney

I, Tonia Lewis, City Clerk of the City of Fontana, and Ex -Officio Clerk of the City Council, do hereby certify that the foregoing Ordinance is the actual Ordinance adopted by the City Council and was introduced at a regular meeting on the 25th day of January , 2022, and was finally passed and adopted not less than five days thereafter on the 8th day of February, 2022, by the following vote to wit:

AYES:

NOES:

ABSENT:

_________________________________________
City Clerk of the City of Fontana

_________________________________________
Mayor of the City of Fontana

ATTEST:

_________________________________________
City Clerk

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Ordinance No. ___
3 “EXHIBIT A”

Sec. 30-639, Figure 1

Existing Planning Areas

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Ordinance No. ___
4 Proposed Planning Area 3

Proposed
Planning Area 3
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Ordinance No. ___
5 Sec. 30-640 - Permitted uses.

The Overlay District permits only the following land uses. (a) Planning area 1—Auto center.
(1) Principal uses.
a) New vehicle dealerships oriented primarily toward the sale of new passenger vehicles and light-to-medium weight trucks [less than 22,000 pounds gross vehicle weight (GVW)].
(2) Accessory uses. As an integral part of, but accessory to the operation of a new vehicle dealership, the following uses shall be permitted subject to approval through the Design Review process:
a) Vehicle parts and accessories supply and sales as an integral, but secondary part of operating a new vehicle sales facility. b) Vehicle service and repair as an integral, but secondary part of operating a new vehicle sales facility.
c) Used vehicle sales as an integral, but secondary part of operating a new vehicle sales facility.
d) Vehicle leasing and rentals as an integral, but secondary part of operating a new vehicle sales facility.
e) Utility infrastructure.
f) Other accessory uses as determined by the Director of Community Planning Development to be substantially
compatible with the principal permitted use of new vehicle dealerships.
(3) Conditionally permitted uses.
a) Collision repair and auto body work.
b) Paint spray booths.
c) Specialty vehicle sales, including recreational vehicles an d motorcycles.
e) Other uses as determined by the Director of Community Planning Development to be substantially compatible with the principal permitted use of new vehicle dealerships.
(4) Prohibited uses.
a) Any use of land not specifically identified in this Overlay for Planning Area 1 is expressly prohibited from the Fontana Auto Center Overlay District.
b) Any use not fully enclosed within a building except vehicle sales, display and storage areas.
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Ordinance No. ___
6 c) All uses of land that are found by the Planning Commission or City Council to be objectionable by reason of noise, odor, dust, smoke, vibration or similar causes shall be prohibited pursuant to Chapter 30 of the Fontana Municipal Code.
(b) Planning area 2 —Auto center supporting uses. The Walnut Villag e Specific Plan designates Planning Area 2 for General Commercial Uses.

The following Overlay District principal uses and conditionally permitted uses are consistent with the land uses allowed by the Specific Plan:
(1) Principal uses.
a) Sit-down restaurant.
b) Food court.
c) Sit-down fast food restaurant (excludes drive-thrus). (2) Accessory uses.
a) Utility infrastructure.
(3) Conditionally permitted uses. The following uses are permitted only after a conditional use permit has been approved by the City:
a) Gas Station.
b) Car Wash.
c) Drive-through Fast Food Restaurant.
d) Vehicle Parts, Supplies, Accessories Stores and Installations. e) Vehicle Leasing and Rental.
g) Other uses as determined by the Director of Community Planning Development to be substantially compatible with the principal permitted uses.
(4) Prohibited uses.
a) Any use of land not specifically identified in this Overlay for Planning Area 2 is expressly prohibited from the Fontana Auto Center Overlay District.
b) All uses of land that are found by the Planning Commission or City Council to be objectionable by reason of noise, odor, dust, smoke, vibration or similar causes shall be prohibited pursuant to Chapter 30 of the Fontana Municipal Code.
(c) Planning area 3—Auto center and auto center supporting uses. Planning Area 3 allows all uses within Planning Areas 1 and 2.
(1) Principal uses.
a) New vehicle dealerships oriented primarily toward the sale of new passenger vehicles and light-to-medium weight trucks (less than 35,000 pounds gross vehicle weight (GVW).
b) Sit-down Restaurant.
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Ordinance No. ___
7 c) Food Court.
d) Sit-down Fast Food Restaurant (excludes drive-thrus). e) Grocery store
f) Other uses as determined by the Director of Planning. (2) Accessory uses. As an integral part of, but accessory to the operation of a new vehicle dealership, the following uses shall be permitted subject to approval through the design review process:
a) Vehicle parts supply and sales as an integral, but secondary part of operating a new vehicle sales facility.
b) Vehicle service and repair as an integral, but secondary part of operating a new vehicle sales facility.
c) Used vehicle sales as an integral, but secondary part of operating a new vehicle sales facility.
d) Vehicle leasing and rentals as an integral, but secondary part of operating a new vehicle sales facility.
e) Carwash, but secondary part of operating a new vehicle sales facility.
f) Other accessory uses as determined by the Director of Community Development Director of Planning to be
substantially compatible with the principal permitted uses of new vehicle dealerships.
(3) Conditionally permitted uses. The following uses are permitted only after a conditional use permit has been approved by the City:
a) Specialty vehicle sales, including recreational vehicles and motorcycles.
b) Seniors Housing.
c) Gas Station.
d) Car Wash.
e) Drive-through Fast Food Restaurant.
f) Vehicle Parts, Supplies, Accessories Stores and Installations. g) Vehicle Leasing and Rental.
i) Hotel
j) Other uses as determined by the Director of Community Planning Development to be substantially compatible with the principal permitted use of new vehicle dealerships.
(4) Prohibited uses.
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Ordinance No. ___
8 a) Any use of land not specifically identified in this Overlay for Planning Area 3 is expressly prohibited from the Fontana Auto Center Overlay District.
b) Any use not fully enclosed within a building except vehicle sales, display and storage areas.
c) All uses of land that a re found by the Planning Commission or City Council to be objectionable by reason of noise, odor, dust, smoke, vibration or similar causes shall be prohibited pursuant to Chapter 30 of the Fontana Municipal Code.
(d) Planning area 4—Auto center and auto center complimentary uses. (1) Principal uses.
a) New vehicle dealerships oriented primarily toward the sale of new passenger vehicles and light-to-medium weight trucks (less than 22,000 pounds gross vehicle weight (GVW).
(2) Accessory uses. As an integr al part of, but accessory to the operation of a new vehicle dealership, the following uses shall be permitted subject to approval through the Design Review process:
a) Vehicle parts and accessories supply and sales as an integral, but secondary part of operating a new vehicle sales facility. b) Vehicle service and repair as an integral, but secondary part of operating a new vehicle sales facility.
c) Used vehicle sales as an integral, but secondary part of operating a new vehicle sales facility.
d) Vehicle leasing and rentals as an integral, but secondary part of operating a new vehicle sales facility.
e) Carwash, but secondary part of operating a new vehicle sales facility.
f) Other accessory uses as determined by the Director of Community Planning Development to be substantially
compatible with the principal permitted use of new vehicle dealerships.
(3) Conditionally permitted uses.
a) Sit-down Restaurant.
h) Hotel.
l) Specialty Vehicle Sales, including Recreational Vehicles and Motorcycles.
o) Automobile, Passenger Van, and Pick-up Truck rated one-ton or less (carrying weight) Rental.
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Ordinance No. ___
9 v) Other retail uses as determined by the Director of Community Planning Development to be substantially compatible with the principal permitted use of new vehicle dealerships.
(4) Prohibited uses.
a) Any use of land not specifically identified in this Overlay for Planning Area 4 is expressly prohibited from the Fontana Auto Center Overlay District.
b) Any use not fully enclosed within a building except vehicle sales, display and storage areas.
c) All uses of land that are found by the Planning Commission or City Council to be objectionable by reason of noise, odor, dust, smoke, vibration or similar causes shall be prohibited pursuant to Chapter 30 of the Fontana Municipal Code.

Sec. 30-641 - Plan review.

Design Review and/or a Conditional Use Permit approval shall be required for all projects located within the Overlay District pursuant to the requirements of Chapter 30 of the Fontana Municipal Code. Projects under 10,000 square feet in size can be approved administratively by City staff.

Sec. 30-642- Site planning.

Site planning shall involve careful consideration of the project site, adjacent properties and how the project fits into the overall context of the Fontana Auto Center Overlay District.
(a) Planning area 1—Auto center.
(1) Locate structures and vehicle display areas on each site to enhance the architecture of the auto dealership building and to maximize vehicle displays.
(2) The location of structures shall take into consideration the existing and/or future location of buildings on adjoining properties. Solid block walls adjacent to the 210 Freeway right-of-way are prohibited.

Solid bloc k walls that divide adjacent auto dealerships are discouraged, unless controlled pedestrian and vehicle connections are provided for.
(3) Vehicular access and circulation within auto dealerships shall be controlled with properly sized and spaced drive aisles to ensure safe ingress and egress.
(4) All service bays shall be located in such a manner so they are not visible from any public right-of-way, including the 210 Freeway. (5) All dealerships shall provide attractive, direct and safe pedestrian access and circulation. There should also be convenient pedestrian connections between dealerships.
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Ordinance No. ___
10 (6) Locate customer -oriented uses on the ground level of all auto dealership buildings. Business office space and other uses not dependent on customer traffic should be located on upper levels. (7) There shall be a coordinated landscape setback for all dealerships along South Highland Avenue, Cypress Avenue, Juniper Avenue, Oleander Avenue, and any new streets constructed within the Overlay District.
(8) There s hall be coordinated, elevated vehicle display pads for all dealerships located along South Highland Avenue. The vehicle display pads are allowed to encroach within the landscape setback area along South Highland Avenue.
(9) Textured hardscape is required at all major driveway entrances and on vehicle display pads.
(10) On-site exterior lighting shall comply with lighting criteria, as set forth within this Overlay District. Creative lighting designs and reinforcement of lighting intensity for highlighting purposes of vehicle pad displays, signage and other merchandising areas are encouraged.
(11) Vehicle loading and unloading shall be provided on-site. Access to loading and service bays should be separated from customer parking areas wherever feasible. Ade quate stacking distance shall be provided on-site for car carrier trucks. Adequate stacking distance is also required on-site when the dealership is closed and gates are locked.
(12) There shall be coordinated edge treatments along the 210 Freeway right-of-way and between dealerships that enhances the visual appearance of this Gateway area into northern Fontana. Solid masonry block walls are not allowed along the Freeway right -of- way. The edge treatment shall consist of decorative pilasters connected by tubular wrought iron fencing.
(13) The intersections of Sierra Avenue/South Highland Avenue, and Citrus Avenue/South Highland Avenue shall have special corner focal point treatments with Gateway features that include theme landscaping, water features, displ ay pads, arches and appropriate monument signage.
(b) Planning area 2—Auto center supporting uses.
(1) Allow uses that complement and provide service to the Auto Center dealerships.
(2) Development proposed on the southeast side of South Highland Avenue in Planning Area 2 must demonstrate compatibility with adjacent and nearby Walnut Village Specific Plan residences through creative site planning, setbacks, landscaping and other design and land use considerations.
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Ordinance No. ___
11 (3) Design all gas stations "reversed out" with building facilities backed up to the right -of-way setback line and the pump islands to the interior.
(4) The location of structures shall take into consideration the existing and/or future location of buildings on adjoining properties. Solid block walls between adjacent uses are discouraged and pedestrian connections are encouraged.
(5) There shall be a coordinated landscape setback for all uses along South Highland Avenue, and any new streets constructed within Planning Area 2.
(6) Textured hardscape is required at all major driveway entrances. (7) On-site exterior lighting shall comply with lighting criteria, as set forth within this Overlay District.
(8) There shall be coordinated edge treatments along the 210 Freeway right-of-way between Sierra Avenue and Mango Avenue that enhances the visual appearance of this Gateway area into Northern Fontana. Solid masonry block walls are not allowed along the Freeway right-of-way.
(9) The intersections of Sierra Avenue and South Highland Avenue shall have special corner focal point treatments with Gateway features that include theme landscaping, water features, arches and appropriate monument signage.
(c) Planning areas 3 and 4. All site planning criteria for Planning Areas 1 and 2 apply to Planning Areas 3 and 4.

Sec. 30-643 - Minimum development standards.

The minimum site development standards listed in this Section shall only apply to the specific Planning Area within the Overlay District. (a) Planning area 1—Auto center development standards.
(1) Building and parking setbacks.
a) All buildings and parking, except for vehicle display pads and allowed monument signs, shall be setback from all street property lines as follows:

Sierra Avenue: 25 Feet
Citrus Avenue: 20 Feet 15 Feet
South Highland Avenue: 15 Feet
Secondary Streets: 10 Feet
Collector Streets: 10 Feet
Local Streets: 10 Feet
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Ordinance No. ___
12 b) Vehicle Display Pads shall have no required setback and shall be allowed to encroach into the landscape setback . Adequate site distance must be demonstrated at street intersections and driveway entrances for each vehicle display pad. Display pads shall not exceed 14 inches in height as measured from the sidewalk grade.
c) Monument signs are required to be set back a minimum of five feet from the street property line.
(2) Building height.
a) Buildings and other structures shall not exceed a maximum of 60 feet in height as measured from the top of curb located adjacent to the street property line to the highest building ridge. (3) Lot coverage.
a) No more than 50 percent of the net lot area may be covered with buildings or other structures.
(4) Off-street parking and circulation.
a) Required off-street parking spaces for vehicle dealerships shall be provided at the following ratios:

Show Room: One space per 300 square feet.

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ATTACHMENT NO. 5
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

FONTANA APPROVING DEVELOPMENT AGREEMENT
(DA NO. 21-003) BETWEEN THE CITY OF FONTANA AND

SAGE CITRUS FONTANA, LLC WHICH PROVIDES A
PUBLIC BENEFIT FEE IN THE AMOUNT OF $ 376,180.00

DOLLARS

WHEREAS, the City Council ("City Council") of the City of Fontana ("City") is authorized by California Government Code sections 65864 et seq. and section 30-102 of the City's Development Code ("Development Code") to enter into an agreement for the development of real property with any person having a legal or equitable interest in such property in order to establish certain development rights in such property; and

WHEREAS, City has found that development agreements will strengthen the public planning process, encourage private participation in comprehensive planning by providing a greater degree of certainty in that process, reduce the economic costs of development, allow for the orderly planning of public improvements and services, allocate costs to achieve maximum utilization of public and private resources in the development process, and ensure that appropriate measures to enhance and protect the environment are achieved; and

WHEREAS, the City of Fontana, a California Municipal Corporation ("City") and Citrus and Slover, LLC ., ("Developer") entered into a Development Agreement ("DA"), dated as of January 25, 2022 for reference purposes only, whereby Developer is to acquire fee title to certain real property (the "Property"); and

WHEREAS, Developer's interest in the Property, including that interest to be conveyed pursuant to the DA, constitutes a legal or equitable interest in real property pursuant to California Government Code section 65865; and

WHEREAS, Developer proposes the development of the Property for a commercial retail center consisting of an anchor building and various outlying building pads totaling approximately 53,740 square feet on the Property, entailing front end investment in the planning, entitlement and development of the Property to achieve the goals of the City's General Plan ("General Plan"), as further described and conditioned in the Development Agreement (collectively, such development shall be referred to here in as the "Project"); and

WHEREAS, City desires the timely, efficient, orderly and proper development of the Project in furtherance of the goals of the General Plan; and

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WHEREAS, City has found that the development agreement attached hereto as Exhibit A and incorporated herein by reference ("Development Agreement") is consistent with City's General Plan and it has been reviewed and evaluated in accordance with Section 30-102 of the City Development Code; and

WHEREAS, City has determined that by entering into the Development Agreement: (i) City will promote orderly growth and quality development on the Property in accordance with the goals and policies set forth in the General Plan and (ii) City will benefit from incre ased employment, industrial opportunities created by the Project for residents of the City; and

WHEREAS, on January 25, 2022 , the City Council introduced this Ordinance through a first reading of this Ordinance; and

WHEREAS, An Initial Study/M itigated Negative Declaration (IS/MND) has been prepared for this project in accordance with Section 15072 of the California Environmental Quality Act (CEQA) and Section 6.04 of the 2019 City of Fontana Local Guidelines for Implementing the CEQA. Based on the information in the IS/MND, all significant impacts anticipated as a result of project implementation would be less than with mitigation incorporated, and a Mitigation Monitoring and Reporting Program (MMRP) has been prepared for the Planning Commission ’s consideration; therefore, a Notice of Determination has been prepared.

WHEREAS, the terms and conditions of the Development Agreement have undergone review by City at publicly noticed hearings and have been found to be fair, just and reasonable and c onsistent with the General Plan. Further, City finds that: (i) the economic interests of the City's citizens and the public health, safety and welfare will be best served by entering into the Development Agreement; (ii) the Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the Property is located; (iii) the Development Agreement is consistent with the General Plan; (iv) the Development Agreement is in conformity with the public convenience, general welfare and good land use practice; (v) the Development Agreement will not be detrimental to the public health, safety and general welfare; and (vi) the Development Agreement will not adversely affect the orderly development or the preservation of property values for the Property or any other property.

THE CITY COUNCIL OF THE CITY OF FONTANA DOES ORDAIN AS
FOLLOWS:

Section 1. Based on the foregoing, the City of Fontana City Council adopts the Mitigated Negative Declaration and Mit igation Monitoring Reporting Program in accordance with Section 15072 of the California Environmental Quality Act (CEQA) and Section 6.04 of the 2019 City of Fontana Local Guidelines for Implementing the CEQA.

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Section 1. Pursuant to California Government Code sections 65865 et seq., the City Council hereby approves the development agreement, a copy of which is on file with the City Clerk and incorporated by reference herein attached as “Exhibit A” for entitled "Development Agreement No. 21-003 between Citrus and Slover , LLC, a California limited liability company and the City of Fontana a California municipal corporation.

Section 2. Based on the entire record before the City Council and all written and oral evidence presented to the City Council, the City Council finds this Ordinance promotes the public health, safety and welfare of the community because the Development Agreement will enable needed public improvements at the Property and the economic development of the Property will benefit the citizens of the City.

Section 3. The City Council hereby incorporates by reference the Recitals set forth herein and adopts those recitals as its own as though fully set forth in this Ordinance.

Pursuant to California Government Code section 65867.5(b), and based on the entire record before the City Council, including all written and oral evidence presented to the City Council, the City Council hereby finds that the Development Agreement is consistent with the General Plan because the Development Agreement will result in the development of the Property at the intensity and density allowed under the General Plan and with the restrictions and stan dards set forth in the City's Municipal Code , and the Development Agreement.

Section 4. The City Clerk shall cause to be recorded with the San Bernardino County Recorder a copy of the executed Development Agreement at the time and in the manner provided for in the DA.

Section 5. This Ordinance shall take effect thirty (30) days after the date of its adoption, and prior to the expiration of the fifteen (15) days from the passage thereof, the Ordinance or a summary of the Ordinance shall be published at lea st once in the Herald News, a newspaper of general circulation in the City of Fontana. Thereafter this Ordinance shall be in full force and effect.

APPROVED and ADOPTED this 25th day of January 25, 2022.

READ AND APPROVED AS TO LEGAL FORM:

City Attorney
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I, Tonia Lewis, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing Ordinance is the actual Ordinance adopted by the City Council and was introduced at a regular meeting on the 25th day of January, 2021, and was finally passed and adopted not less than five days thereafter on the 8th day of February, 2022 by the following vote to wit:

AYES:

NOES:

ABSENT:

City Clerk of the City of Fontana

Mayor of the City of Fontana

ATTEST:

City Clerk

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16498.40137\34469367.2

1
EXHIBIT "A"

DEVELOPMENT AGREEMENT

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2

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

City Clerk
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335

Record for the Benefit of
the City of Fontana
Exempt from Fees Pursuant to Government
Code Section 6301

Space above this line for Recorder’s Use Only

DEVELOPMENT AGREEMENT

By and Between

THE CITY OF FONTANA

a California Municipal Corporation

and

Sage Citrus Fontana, LLC
(“Developer”)

San Bernardino County, California

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3
Development Agreement
by and between the
City of Fontana and Developer
Relative to
Citrus Crossroads.

THIS DEVELOPMENT AGREEMENT is made and entered into this _____ day of __________, 2021, by and between the CITY OF FONTANA a California municipal corporation (“City”), and Sage Citrus Fontana, LLC, a California limited liability company (“Developer”), pursuant to the authority of Article 2.5, Chapter 4, Division 1, Title 7 (Section 65864, et seq. of the California Government Code) (“Development Agreement Law”) relating to Development Agreements.

R E C I T A L S

In order to strengthen the public land use planning process, to encourage private participation in the process, to reduce the economic risk of development and to reduce the waste of resources, the Legislature adopted the Development Agreement Law (Section 65864, et seq. of the Government Code).

The Development Agreement Law permits cities and counties to contract with private interests for their mutual benefit in a manner not otherwise available to the contracting parties.

Such agreements, as authorized by the Develop ment Agreement Law, can assure property developers they may proceed with projects assured that approvals granted by public agencies will not change during the period of development of their projects. Cities and counties are equally assured that costly infrastructure such as roads, sewers, schools, fire protection facilities, etc. will be available at the time development projects come online.

This Development Agreement relates to a Zoning and Development Code Amendment, Conditional Use Permits, and Tentativ e Parcel Map for the Citrus Crossroads commercial retail center, filed on March 24, 2021. The parties have, in good faith, negotiated the terms hereinafter set forth which carry out the legislative purpose set forth above and will assure the parties to thi s Agreement of mutually desirable development of the Subject Property.

The means of attaining the aforementioned objectives and the public benefit to be received as a result of development of the Project (defined below) through this Agreement shall provide for the following:

Project includes construction and operation of the Citrus Crossroads commercial retail center, a new local -serving shopping center consisting of an anchor building and various outlying building pads.
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4
Developer owns in fee, that certain real property located in the City of Fontana located at the northwest corner of Citrus Avenue and S Highland Avenue intersection (north side of South Highland Avenue, south of SR -210, west of Citrus Avenue, and east of Oleander Avenue), tax assessor parcel numbers 0240-011-03, -05, -06, -35, -38, -41, -42, and -44 (the “Subject Property”), and desires to create thereon the Citrus Crossroads commercial retail center, consisting of an anchor building and various outlying building pads (the “Project”).

City, i n response to Developer’s applications, after public hearings and extensive environmental analysis, has granted the following entitlements:

By Ordinance No. _____, effective __________, amended the Fontana Zoning and Development Code for the Subject Proper ty—specifically, figure and text amendments. The figure amendment is needed to change the planning area designation of the project site from Planning Area 1 to Planning Area 3 to allow for the mix of commercial retail uses associated with the Project.

Specifically, this requires an amendment to Figure 1 (Fontana Auto Center Overlay District Planning Area Boundaries Map) of the Fontana Zoning and Development Code. Figure 1 would be amended to extend the boundary of Planning Area 3 to encompass the project site. Zoning text Amendments are also required to implement the Project, including amendments to the building and parking setback requirements and the pylon sign provisions.

By Resolution No. _____, effective __________, approved a Conditional Use Permit for the following use/activity: an ABC establishment, as the anchor tenant would be selling alcoholic beverages for offsite consumption.

By Resolution No. _____, effective __________, approved a Conditional Use Permit for the following use/activity: two driv e-through fast food restaurants.

By Resolution No. _____, effective __________, approved a Tentative Parcel Map (TPM No. 20370) to consolidate the eight parcels that make up the Subject Property (Assessor Parcel Numbers 0240 -011-03, -05, -06, -35, -38, -41, - 42, and -44) into three legal parcels to ensure common ownership and maintenance of all Project components.

By Ordinance No. _____, effective ____________, authorized the City to enter into this Development Agreement with Developer.

In support of the various entitlements described in paragraph 5 above, and in accord with the California Environmental Quality Act (CEQA) and State and City CEQA guidelines, City has certified as adequate and complete a final Mitigated Negative Declaration for the Zoning and Development Code Amendment, Conditional Use Permits, and Tentative Parcel Map and this Development Agreement.
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5
Development of the Subject Property pursuant to the terms and conditions of this Agreement, Zoning and Development Code Amendment, Conditional Use Permits, and Tentative Parcel Map and the Mitigated Negative Declaration will provide for orderly growth and development consistent with the City’s General Plan and other development policies and programs of the City.

On _________, 2021, the City Planning Commission, designated by City as the Planning Agency for purposes of Development Agreement review pursuant to Government Code Section 65867, considered this Agreement and recommended its approval to the City Council. The Planning Commission specifically found that this Agreement:
(a) Is consistent with the objectives, policies, general land uses and programs specified in the General Plan;
(b) Is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the Subject Property is located; (c) Is in conformity with public convenience, general welfare and good land use practice;
(d) Will be beneficial to the health, safety and general welfare; and (e) Will not adversely affect the orderly development of property or the preservation of property values.

City and Developer have taken all actions mandated by and fulfilled all requirements set forth in Development Code Section 17.03.220.

Having duly considered this Agreement and having held duly noticed public hearings, City finds and declares that the provisions of this Development Agreement are consistent with the maps and text of the City’s General Plan.

NOW, THEREFORE, the parties hereto agree as follows:

General Provision

The Project. The Project includes construction and operation of the Citrus Crossroads commercial retail center, a new local-serving shopping center consisting of an anchor building and various outlying building pads. Total building square footage would be approximately 53,740 square feet. The anchor building would be single story and encompass approximately 40,100 square feet —it would be occupied by an anchor tenant in the grocery market business. The outlying building pads feature two inline single -story building pads that accommodate appr oximately 6,040 square feet of building space to be occupied by 344
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smaller retail tenants; an approximately 3,000 square foot dental office; an approximately 2,400 square foot drive thru restaurant; and an approximately 2,200 square foot drive thru coffee sho p. Other project components include vehicular access and circulation improvements (both on- and offsite); surface parking areas and drive aisles; pedestrian access and circulation improvements; various landscape, hardscape, and lighting improvements; site and tenant signage; and infrastructure and utility improvements.

Subject Property. The approximately 6.2 -acre project site is situated along the north side of South Highland Avenue, south of State Route 210 (SR -210), east of Citrus Avenue, and west of Olea nder Avenue. Regional access to the site is via SR -210 and local access is via South Highland and Citrus Avenues. The Subject Property is more legally described and depicted in Exhibit “A” , which is incorporated herein and made part of this Agreement.

Definitions. As used in the Agreement, the following terms, phrases and words shall have the meanings and be interpreted as set forth in this Section.

Adopting Ordinance means Ordinance Number ______ entitled:
“___________________” dated _____________, and effective ___________, which approves this Development Agreement as required by Government Code Section 65867.5.

Assumption Agreement means an agreement substantially conforming to the model assignment and assumption agreement attached as Exhibit “C,” or other agreement in a form reasonably approved by the City Attorney, executed by a Landowner with the City, expressly assuming various obligations relating to the development of the Project, or portion thereof.

Certificate of Occupancy means either a certificat e issued after inspections by City authorizing a person or persons in possession of property to dwell or otherwise use a specific building or dwelling unit, including without limitation a temporary certificate of occupancy, or the final inspection if a formal certificate is not issued.

CEQA means the California Environmental Quality Act, Sections 21000, et seq., of the Public Resources Code of the State of California.

City Manager means the duly appointed City Manager for the City of Fontana.

Council means the duly elected legislative body governing the City of Fontana.

Developer means Sage Citrus Fontana, LLC, a California limited liability company, or its respective permitted successors in interest.

Development Impact Fees means a monetary exaction other t han a tax or special assessment, whether established for a broad class of projects by legislation of general applicability or imposed on a specific project on an ad hoc basis, that is charged by a local agency to the applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project, but does not include the 345
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following fees specified in Government Code Section 66477, fees collected under development agreements adopted pursuant to Article 2.5 (commencing with Section 65864 of Chapter 4 of the Government Code), or fees collected pursuant to agreements with redevelopment agencies which provide for the redevelopment of property in furtherance or for the b enefit of a redevelopment project for which a redevelopment plan has been adopted pursuant to the Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code): processing fees and charges of every kind and nature imposed by City to cover the estimated actual costs to City of processing applications for development approvals or for monitoring compliance with any development approvals granted or issued, including, without limitation, fees for zoning variances, zoning changes, use permits, building inspections, or building permits (“Processing Charges”); filing and processing applications and petitions filed with the local agency formation commission or conducting preliminary proceedings or proceedings under the Cortese -Knox-Hertzberg Local Government Reorganization Act of 2000, Division 3 (commencing with Section 56000) of Title 5 of the Government Code; the processing of maps under the provisions of the Subdivision Map Act, Division 2 (commencing with Sectio n 66410) of Title 7 of the Government Code; or planning services under the authority of Chapter 3 (commencing with Section 65100) of Division 1 of Title 7 of the Government Code; or fees and charges as described in Sections 51287, 56383, 57004, 65104, 6545 6, 65863.7, 65909.5, 66013, 66014, and 66451.2 of the Government Code, Sections 17951, 19132.3, and 19852 of the Health and Safety Code, Section 41901 of the Public Resources Code, and Section 21671.5 of the Public Utilities Code, as such codes may be amen ded or superseded, including by amendment or replacement.

Director means the Planning Director for the City of City of Fontana.

Effective Date means the effective date of the Adopting Ordinance.

Existing Land Use Regulations mean the ordinances and resolutions adopted by the City Council of the City of Fontana in effect on the Effective Date, including the adopting ordinances and resolutions that govern the permitted uses of land, the density and intensity of use, and the design, improvement, construction standards and specifications applicable to the development of the Subject Property, including, but not limited to, the General Plan, and the Zoning Ordinance and all other ordinances, codes, rules and regulations of the City establishing subdivision standards, park regulations, impact or Development Impact Fees (but only to the extent the Zoning Ordinance and other such regulations are not inconsistent with this Development Agreement and the Specific Plan). Existing Land Use Regulation does not include any City ordinance, resolution, code, rule, regulation or official policy, governing:
(a) the conduct of businesses, professions, and occupations;

(b) taxes and assessments;

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(d) the granting of encroachment permits and the conveyance of rights and interests which provide for the use of or the entry upon public property;

(e) the exercise of the power of eminent domain;

(f) the collection of Processing Charges.

Mitigated Negativ e Declaration (MND) means a detailed statement prepared under CEQA as defined in Section 15369.5 of the State Environmental Guidelines, and specifically the Mitigated Negative Declaration described in Recital 6 above.

General Plan means the General Plan of the City of Fontana, including the text and maps, as amended.

Landowner is a party who has acquired any portion of the Subject Property from the Developer who, unless otherwise released as provided in this Agreement, shall be subject to the applicable provisions of this Agreement.

Project means the anticipated development of the Subject Property as specified in paragraph 1.1 and as provided for in the provisions of this Agreement, including all other incorporated exhibits.

Public Benefit Fee means the monetary exaction (not a tax or special assessment) on the Developer as established in Section 2.3.

Subject Property means the property described in Section 1.2 and in Exhibit “A” hereto, or the remaining portions thereof after releases from the provisions of this Agreement have been executed as authorized by this Agreement.

Exhibits. Exhibits to this Agreement are as follows:

Exhibit “A” Map of Subject Property and legal description Exhibit “B” Terms of Development
Exhibit “C” Assignment and Assumption Agreement
Exhibit “D” Development Code Chapter 17.25, adopted by Ordinance No. _____, dated __________, and effective on __________, as amended.

Incorporation of Recitals. Recitals 1 through 10 are incorporated herein, including all Exhibits referred to in said Recitals. In the event of inconsistency between the Recitals and the provisions of Articles 1 through 5, the provisions of Articles 1 through 5 shall prevail. 347
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Parties to Agreement. The parties to this Agreement are:

The Ci ty of Fontana. A California municipal corporation and charter city, exercising general governmental functions and power. The principal office of the City is located at 8353 Sierra Avenue, Fontana, California.

Sage Citrus Fontana, LLC. Developer is a private enterprise that owns in fee, or has an equitable interest in, the Subject Property.

Landowner. From time to time, as provided in this Agreement, Developer may sell or otherwise lawfully dispose of a portion of the Subject Property to a Landowner who, unless otherwise released in accordance with the terms of this Agreement, shall be subject to the applicable provisions of this Agreement related to such retained portion of the Subject Property.

Project Is a Private Undertaking. It is agreed among the parties that the Project is a private development and that City has no interest therein except as authorized in the exercise of its governmental functions.

Term of Agreement. This Agreement shall commence upon the Effective Date of the Adopting Ordinance approving this Agreement, and shall continue in force for a period of ten (10) years thereafter (the “Initial Term”), unless extended or terminated as provided herein. The term of this Agreement may be extended for an additional five (5) years following expiration of the Initial Term (the “Extended Term” and with the Initial Term, the “Term”), provided the following have occurred:
(a) Developer provides at least 180 days notice to City prior to expiration of the Initial Term;
(b) Developer is not then in uncured default of this Agreement.

Following the expiration of the Initial Term or extension thereof, or if sooner terminated, this Agreement shall have no force and effect, subject, however, to post -termination obligations of City, Developer or Landowner.

No Vested Rights. During the Term of this Agreement, the development rights, obligations, terms, and conditions, including, without limitation, the Land Use Regulations or Development Impact Fees applicable to the Project, shall be those that may exist from time to time, and as may be amended and supplemented by the City from time to time. Except as otherwise provided herein, this Agreement shall provide no vested right to proceed.

Consistency with General Plan/Finding of Special Public Benefit. The City Council f inds that the granting of entitlements for the Project and the execution and delivery and the terms and conditions of this Development Agreement are consistent with the text and maps of the General Plan. 348
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Assignment and Assumption. Developer shall have the right to sell, assign, or transfer this Agreement with all its rights, title and interests therein to any person, firm or corporation at any time during the Term of this Agreement. The conditions and covenants set forth in this Agreement and incorporated h erein by exhibits shall run with the Subject Property and the benefits and burdens shall bind and inure to the benefit of the parties. Developer shall provide City with written notice of any intent to sell, assign, or transfer all or a portion of the Subje ct Property at least thirty (30) days in advance of such action. Express written assumption by such purchaser, assignee or transferee, of the obligations and other terms and conditions of this Agreement with respect to the Subject Property or such portion thereof sold, assigned or transferred in accordance with this Agreement (which shall include, without limitation, a requirement that the assignor, assignee and City execute an assignment and assumption agreement in substantially the form set forth in Exhibit “C”), shall relieve the Developer selling, assigning or transferring such interest of such obligations so expressly assumed.

Covenants Running with the Land. Each and every purchaser, assignee or transferee of an interest in the Subject Property, or any portion thereof, shall be obligated and bound by the terms and conditions of this Agreement, and shall be the beneficiary thereof and a party thereto, but only with respect to the Subject Property, or such portion thereof, sold, assigned or transferred to it. Any such purchaser, assignee or transferee shall observe and fully perform all of the duties and obligations of a Developer contained in this Agreement, as such duties and obligations pertain to the portion of the Subject Property sold, assigned or transferred to it.

Amendment to Agreement (Developer and City). Unless otherwise prohibited in this Agreement, this Agreement may be amended by mutual consent of the parties or their applicable successors in interest to the subject property, in writing, in accordance with the provisions of Government Code Section 65868; provided, however, that any amendment that relates to the Term, permitted uses, density, intensity of use, height and size of proposed buildings, or provisions for reservation and dedication of land shall require a public hearing and Council approval before the parties may execute an amendment. Unless otherwise provided by law, all other amendments may be approved by the City Manager or by the Council, with or without a public hearing, all at the City Manager’s sole discretion.

Amendment to Agreement (Landowner and City). This Agreement may also be amended, subject to the provisions of Government Code Section 65868 and Section 1.14 above, between a Landowner who has acquired a portion of the Subject Property from Developer and City as to the portions of the Subject Property then owned by Landowner. Whether a public hearing and Council approval is required to approve any amendment under this Section 1.15 shall be governed by the same rule as set forth in Section 1.14.

Releases. Developer, and any subsequent Landowner, shall be released from further obligations relating to the sold, assigned, or transferred Subject Pro perty (or any portion thereof), provided that the buyer, assignee, or transferee expressly assumes the obligations under this Agreement pursuant to Section 1.12 contained hereinabove.

Notices.
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(a) As used in this Agreement, "notice" includes, but is not limited to, the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver, appointment or other communication required or permitted hereunder. (b) All notices shall be in writing and shall be considered given either : (i) when delivered in person to the recipient named below; or (ii) on the date of delivery shown on the return receipt, after deposit in the United States mail in a sealed envelope as either registered or certified mail with return receipt requested, and postage and postal charges prepaid, and addressed to the recipient named below; or (iii) on the date of delivery shown by facsimile or email receipt after transmission by facsimile or email to the recipient named below. All notices shall be addressed as follows:

If to City:

City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Attn: Shannon Yauchzee, Interim City Manager
Phone: (909) 350-7654
Fax: (909) 350-6613
Email: [email protected]

With a copy to:

City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Attn: Planning Director
Email:[email protected]

If to Developer:

Sage Citrus Fontana, LLC
c/o Sage Investco
4340 Von Karman Ave, #110
Newport Beach, CA 92660
Attn: Ralph Deppisch
Phone: (949) 705-0426
Email: [email protected]

(c) Either party may, by notice given at any time, require subsequent notices to be given to another person or entity, whether a party or an officer or representative of a party, or to a 350
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different address, or both. Notices given before actual receipt of notice of cha nge shall not be invalidated by the change.

Attorneys Fees. If any action or proceeding is brought by any party against another for breach of this Agreement, including actions derivative from the performance of this Agreement, or to compel performance under this Agreement, the prevailing party shall be entitled to an award of its costs, including reasonable attorneys’ fees and costs of experts.

Recordation of Agreement. The City Clerk of City shall, within ten (10) days after the execution of this Agreement, record this Agreement with the County Recorder, County of San Bernardino. If the parties to the Agreement or their successors in interest amend or cancel this Agreement as provided in Government Code Section 65868, or if the City terminates or modifies t his Agreement as provided in Government Code Section 65865.1 for failure of the Developer or an applicable Landowner to comply in good faith with the terms or conditions of this Agreement, the City Clerk shall have notice of such action recorded with the County Recorder, in a form reasonably acceptable to the City Attorney.

Applicable Law. This Agreement shall be construed and enforced in accordance with the laws of the State of California.

Invalidity of Agreement/Severability. If this Agreement in its enti rety is determined by a court to be invalid or unenforceable, this Agreement shall automatically terminate as of the date of final entry of judgment. If any provision of this Agreement shall be determined by a court to be invalid and unenforceable, or if any provision of this Agreement is rendered invalid or unenforceable according to the terms of any statute of the State of California which became effective after the effective date of the adopting ordinance, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

Third Party Legal Challenge. In the event any legal action or special proceeding is commenced by any person or entity other than a party or a Landowner, challenging this Agreement or any provision herein, the parties and any Landowner agree to cooperate with each other in good faith to defend said lawsuit, each party and any Landowners to be liable for its own legal expenses and costs. Notwithstanding the foregoing, City may elect to tender the defense of any lawsuit filed by a third person or entity to Developer and/or Landowner(s) (to the extent applicable thereto), and, in such event, Developer and/or such Landowner(s) shall hold the City harmless from and defend the City from all costs and expenses incurred in the defense of such lawsuit, including, but not limited to, attorneys’ fees and expenses of litigation awarded to the prevailing party or parties in such litigation. The Developer and/or Landowner shall not settle any lawsui t on grounds, which include, but are not limited to, non -monetary relief, without the consent of the City. The City shall act in good faith, and shall not unreasonably withhold consent to settle.

Project Development

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Permitted Uses and Development Standards. The permitted uses, the density and intensity of use, the maximum height and size of proposed buildings, provisions for reservation and dedication of land for public purposes, shall be the Land Use Regulations contained in the Development Code, as may be amended from time to time. In the event of any conflict between this Agreement and any other Land Use Regulations, the terms and provisions of this Agreement shall prevail. The parties hereto intend hereby that this Agreement, together with all other exhibits attached hereto, serve as the definitive and controlling document for all subsequent actions, discretionary or ministerial, relating to the development of the Project.

Development Impact Fees. Except as provided otherwise in this Agreement, Develop ment Impact Fees shall be paid in the amounts and at the times specified in Municipal Code Chapter 15.68, as amended or supplemented from time to time.

Public Benefit Fee . Within twelve (12) months of issuance of the first Certificate of Occupancy (as defined in section 1.2) for a building within the Project, Developer shall pay to the City a one-time public benefit fee equal to $7.00 per square foot of actual Developer -constructed square footage on the Subject Property.

Minor Modification. Minor modifications from the approved exhibits may be approved in accordance with the provisions of the Development Code Section 17.03.250 and shall not require an amendment to this Agreement.

Further Discretionary Actions. Developer acknowledges that the Land Use Regulations contemplate the exercise of further discretionary powers by the City. These powers include, but are not limited to, implementation of conditions of approval associated with discretionary land use approvals and monitoring and implementation of environmental mitigation measures, and CEQA review of individual phases of the Project as it builds out. Nothing in this Agreement shall be construed to limit the authority or the obligation of the City to hold legally required public hearings, or to limit the discretion of City and any of its officers or officials in complying with or applying Land Use Regulations.

Financing of Public Improvements. As a condition of development approval, the Developer shall connect the Project on the Subject Property to all utilities necessary to provide adequate water, sewer, gas, electric, and other utility service to the Project and that the Developer shall contract with the City for City- owned or operated utilities for this purpose.

Processing Charges. Processing Charges that are adopted or revised during the Term of this Agreement shall apply to the Project.

Public Works. If Developer is required by this Agreement to construct any improvements that will be dedicated to City or any other public agency upon completion, and if required by applicable laws to do so, Developer shall perform such work in the same manner and subject to the same requirements as would be applicable to City or such other public agency should it have undertaken such construction. Except in extraordinary circumstances, as reasonably determined by the City Manager, Developer or the applicable Landowner shall not be entitled to impact or other fee credits or reimbursement for supplemental or excess 352
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capacity public improvements and that where such fee cre dits are granted to the Developer or the applicable Landowner. , there shall be no “cross -category” credit of fees; credit shall only be applied to the category of fees in which the excess public improvements are classified.

School Financing. City and Developer acknowledge that the Fontana Unified School District has certain facilities needs related to serving the expected student population to be generated by new development.

To the extent legally permissible, the Developer shall provide full mitigatio n for school impacts caused by the Project. The Developer shall comply with any ordinance or other mechanism approved by the City and the Fontana Unified School District. Any building permit that is issued after the adoption of a school impact ordinance for other plans approved by the City of Fontana shall comply with such requirement.

Timing of Development. The parties acknowledge that the most efficient and economic development of the Subject Property depends upon numerous factors, such as market orientat ion and demand, interest rates, competition, and similar factors, and that generally it will be most economically beneficial to the ultimate purchasers to have the rate of development determined by Developer. Accordingly, the timing, sequencing, and phasing of the development is solely the responsibility of Developer. In particular, and without limitation thereof, the City acknowledges that it will not unreasonably withhold or delay approval of any entitlements for development of the Subject Property or the construction of public improvements required therefore that are consistent with the terms and conditions of this Agreement.

Dedication of Public Lands. Except as otherwise provided herein, upon 30 days written notice, the Developer and any applicable Land owner agree(s) to dedicate any and all necessary road rights -of-way without expense to the City.

Tentative Parcel Map. Developer shall take all necessary steps to obtain approval and record the Parcel Map for the Project (the “Tentative Parcel Map”) pursu ant to Article IV of Chapter 26 of the Fontana Municipal Code within two (2) years of the Effective Date of this Agreement (the “Tentative Parcel Map Approval Deadline”). Notwithstanding anything to the contrary in this Agreement, failure by the Developer to obtain such approval and facilitate recordation of same by the Tentative Parcel Map Approval Deadline shall result in automatic termination of this Agreement. Furthermore, notwithstanding anything to the contrary in this Agreement or in the Fontana Muni cipal Code, the Tentative Parcel Map Approval Deadline shall not be extended by amendment of this Agreement or otherwise.

Construction of Anchor Tenant Building . Developer shall take all necessary steps to obtain approval of plans for the construction of an approximately 40,000 square foot anchor tenant building (the “Anchor Tenant Building”) within nine months of the Effective Date of this Agreement. Upon approval of construction plans and issuance of all required permits, Developer shall diligently pursue construction and completion of the Anchor Tenant Building. Failure by the Developer to substantially complete construction of the Anchor Tenant Building within 15 months of the Effective Date of this Agreement shall result in automatic termination of th is Agreement. Notwithstanding anything to the contrary contained herein, by written request of the Developer, City may extend the completion date should delays occur to the development and construction schedule that City deems to be outside of the control of the Developer.
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Section 2.14 Obligation and Rights of Mortgage Lenders. The holder of any mortgage, deed of trust or other security arrangement with respect to the Subject Property, or any portion thereof, shall not be obligated under this Agreement to construct or complete improvements or to guarantee such construction for completion, but shall otherwise be bound by all of the terms and conditions of this Agreement that pertain to the Subject Property or such portion thereof in which it holds an interest. Any such holder who comes into possession of the Subject Property, or any portion thereof, pursuant to a foreclosure of a mortgage or a deed of trust, or deed in lieu of such foreclosure, shall take the Subject Property, or such portion thereof, subject to any pro rata claims for payments or charges against the Subject Property, or such portion thereof, which accrue prior and subsequent to the time such holder comes into possession. Nothing in this Agreement shall be deemed or construed to permit or authorize any such holder to devote the Subject Property, or any portion thereof, to any uses, or to construct any improvements thereon, other than those uses and improvements provided for or authorized by this Agreement, and then subject to all of the terms and conditions of this Agreement.

Section 2.15 Obligation to Develop Property. Developer and any subsequent Landowner shall construct the Project, if at all, in accordance with the terms of the development set forth in Exhibit “B”, attached hereto and incorporated by reference herein.

Default
General Provisions. Subject to extensions of time by mutual written consent and the notice requirements in this Section, failure or delay by either party or Landowner not released from this Agreement to perform any term or provision of this Agreement shall constitute a default. In the event of alleged default or breach of any terms or conditions of this Agreement, the party alleging such default or breach shall give the other party or Landowner written notice specify ing the nature of the alleged default, and such allegedly defaulting party shall have thirty (30) days to cure such default. During any such thirty (30) day period, the party or Landowner charged shall not be considered in default of this Agreement for pur pose of termination or institution of legal proceedings.

After notice and expiration of the thirty (30) day period, if such default has not been cured or, in the event such default is not reasonably able to be cured in such thirty (30) day period, such cure is not being diligently pursued, the other party or Landowner to this Agreement may, at its option, institute legal proceedings pursuant to this Agreement or give notice of its intent to terminate this Agreement pursuant to California Government Code Se ction 65868 and any regulations of the City implementing said Government Code Section. Following notice of intent to terminate, or prior to instituting legal proceedings, the matter shall be scheduled for consideration and review in the manner set forth in Government Code Sections 65865, 65867, and 65868 and City regulations implementing said sections by the City within thirty (30) calendar days.

Following consideration of the evidence presented in said review before the City and an additional 30-day period to cure, either party alleging the default by the other party or Landowner 354
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may institute legal proceedings or may give written notice of termination of this Agreement to the other party; provided, however, a Landowner may only give such notice with respe ct to such a portion of the Subject Property in which Landowner holds an interest.

Evidence of default may also arise in the course of annual or special review of this Agreement pursuant to Government Code Section 65865.1 and in section 3.2 below. If either party or Landowner determines that a party or Landowner is in default following the completion of the normally scheduled periodic review, said party or Landowner may give written notice of termination of this Agreement specifying in said notice the alle ged nature of the default, and potential actions to cure said default where appropriate. If the alleged default is not cured in thirty (30) days or within such longer period specified in the notice, or the defaulting party or Landowner waives its right to cure such alleged default, this Agreement may be terminated by City as to the Developer or Landowner and the portion of the Subject Property in which the Developer or Landowner owns an interest.

Notwithstanding the foregoing or anything to the contrary in this Agreement, in the event City remains in default hereunder after expiration of the initial 30 -day notice and cure period, Developer or Landowner, as applicable, shall have the right to immediately terminate this Agreement and/or institute legal proceedings.

Annual and Special Reviews.
(a) Annual Reviews. City shall, once every twelve (12) months during the Term of this Agreement, review the extent of good faith substantial compliance by Developer and/or Landowner with the terms of this Agreement. The City may charge reasonable fees as necessary to cover the costs of conducting the review. Such periodic review shall be limited in scope to compliance with the terms of this Agreement pursuant to California Government Code Section 65865.1. Said review sh all be diligently completed. A finding by City of good faith compliance by Developer and/or Landowner with the terms of the Agreement shall conclusively determine said issue up to and including the date of said review. (b) Special Reviews. The time for an annual review may be shortened or a special review called either by agreement between the parties or by initiation in one or more of the following ways:
(1) Recommendation of the Planning staff;
(2) Affirmative vote of at least four (4) members of the Planning Commission; or
(3) Affirmative vote of at least three (3) members of the City Council. (c) Review Procedure. The City Manager shall begin the review proceeding by giving notice that the City intends to undertake a periodic or special review of Developer and/or 355
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Landowner’s good faith compliance with this Agreement to the Developer and/or Landowner. The City Manager shall give the notice at least ten (10) days in advance of the time at which the matter will be considered by the Planning Commission. Notice of any review shall include the statement that any review may result in amendment or termination of this Agreement in the event the City determines, in its good faith discretion after such review, that Developer and/or Landowner is not in good faith compliance with this Agreement.
(d) intentionally deleted
(e) Notice and Opportunity to be Heard. The City shall provide, in accordance with the notice provisions in Section 1.17 hereof, Developer and Landowner a copy of all staff reports and, to the extent practical, related exhibits concerning contract performance at least five (5) business days prior to any such review. Developer and Landowner shall be permitted an opportunity to be heard orally or in writing regarding its performance under this Agreement before the City Council and, if the matter is referred to a City Planning Commission, also before said Commission.
(f) Planning Commission Hearing. The Planning Commission shall conduct a hearing at which the Developer and/or Landowner must demons trate good faith compliance with the terms of this Agreement. The burden of proof on this issue is upon the Developer and Landowner.
(g) Planning Commission Findings. The Planning Commission shall determine upon the basis of substantial evidence and in it s reasonable discretion whether or not the Developer and/or Landowner have, for the period under review, substantially complied in good faith with the terms and conditions of this Agreement.
(h) Procedure Upon Findings.
(1) If the Planning Commission finds and determines on the basis of substantial evidence and in its reasonable discretion that the Developer and Landowner have substantially complied in good faith with the terms and conditions of this Agreement during the period under review, the review fo r that period is concluded.
(2) If the Planning Commission finds and determines on the basis of substantial evidence and in its reasonable discretion that the Developer and Landowner have not substantially complied in good faith with the terms and conditions of this Agreement during the period under review, the Planning Commission may recommend to the City Council to modify or terminate this Agreement.
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(3) The Developer or Landowner may appeal a determination pursuant to subparagraph (h)(2) to the City Coun cil in accordance with the City’s rule for consideration of appeals in zoning matters.
(i) Proceedings Upon Modification or Termination. If, upon a finding under subparagraph (h)(3) above, the City determines to proceed with modification or termination of this Agreement, the City shall give written notice to the Developer and/or Landowner of its intention so to do. The notice shall contain:
(1) The time and place of the hearing;
(2) A statement as to whether or not the City proposes to terminate or to modify this Development Agreement, and if modification is proposed, the proposed modifications; and
(3) Other information that the City reasonably considers necessary to inform the Developer and Landowner of the nature of the proceeding. (j) Hearing on Modifica tion or Termination. At the time and place set for the hearing on modification or termination, the Developer and/or Landowner shall be given an opportunity to be heard. The Developer and/or Landowner shall be required to demonstrate good faith compliance with the terms and conditions of this Agreement. The burden of proof on this issue shall be on the Developer and/or Landowner. If the City Council finds, in its reasonable discretion based upon substantial evidence in the administrative record, that the Dev eloper and/or Landowner has not substantially complied in good faith with the terms and conditions of this Agreement, the City Council may terminate or modify this Agreement and impose those conditions to the action it takes as it considers necessary to pr otect the interests of the City. The decision of the City Council is final.

Default by Developer/Withholding of Building Permit. City may, at its discretion, refuse to issue a building permit for any structure within the geographical confines of the Subject Property as the same is defined at the time of said application, if Developer or Landowner thereof has failed and refuses to complete any requirement enumerated therefor in substantial accordance with the terms of this Agreement.

No building permit shall be issued or building permit application accepted for the building shell of any structure on the Subject Property if the permit applicant owns or controls any property subject to this Agreement and such applicant or any entity or person controlling such applicant is in default of the terms and conditions of this Agreement as determined pursuant to Section 3.1.

Joint and Several Obligations. If at any time during the Term of this Agreement the Subject Property is owned, in whole or in part, by more than one owner, all obligations of such owners under this Agreement shall be joint and several, and the default of any such owner shall be the default of all such owners. 357
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Default by City. Notwithstanding anything to the contrary in this Agreement, in the eve nt City does not accept, review, approve or issue necessary development permits or entitlements for use in a timely fashion as defined by this Agreement, or as otherwise agreed to by the parties, or the City otherwise defaults under the terms of this Agreement, City agrees that Developer or Landowner shall not be obligated to proceed with or complete the Project or any phase thereof, nor shall resulting delays in Developer performance constitute grounds for termination or cancellation of this Agreement.

Cumulative Remedies of Parties/Waiver of Right to Damages. In addition to any other rights or remedies, City, Developer and any Landowner may institute legal or equitable proceedings to cure, correct or remedy any default, to specifically enforce any covenant or agreement herein, to enjoin any threatened or attempted violation of the provisions of this Agreement, provided however, that the City and Developer waive any and all rights hereunder to seek consequential or punitive damages as a result of any such breach or alleged breach.

Enforced Delay, Extension of Times of Performance. In addition to specific provisions of this Agreement, performance by either party or Landowner hereunder shall not be deemed to be in default where delays or defaults are due to war , insurrection, strikes, walkouts, riots, floods, earthquakes, fires, casualties, acts of God, global pandemic, government shutdowns, governmental restrictions imposed or mandated by governmental entities, enactment of conflicting state or federal laws or regulations, new or supplementary environmental regulation enacted by the state or federal government or litigation. Any extension of time for such cause shall be notified in writing by the affected party to the other party and shall be for the period of t he enforced delay or longer, as may be mutually agreed upon, but in no case shall the cumulative extensions add more than five years to the effective period of this Agreement.

Termination
Termination upon Completion of Development. This Agreement shall terminate upon the earlier of (i) expiration of the Initial Term or the Term if extended or (ii) when the Subject Property has been fully developed and all of the Developer’s obligations in connection therewith are satisfied as determined by the City. Upon termination of this Agreement, the City shall promptly record a notice of such termination in a form reasonably satisfactory to the City Attorney that this Agreement has been terminated.

Effects upon Termination on Developer Obligations. Termination of this Agreement, or the release of the Subject Property or any portion thereof from this Agreement, shall not affect any of the Developer’s obligations to comply with the General Plan and the terms and conditions of any applicable zoning, or other land use ent itlements approved with respect to the Subject Property, any other covenants of any other development specified in this Agreement to continue after the termination of this Agreement or obligations to pay assessments, liens, fees, or taxes.

Effects upon Termination on City. Upon termination of this Agreement pursuant to Section 3.2 herein, the entitlements, conditions of development, limitations on fees and all other terms and conditions of this Agreement shall no longer be vested hereby with respect to the property affected by such termination 358
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20
(provided vesting of such entitlements, conditions or fees may then be established for such property pursuant to the then existing planning and zoning law) and the City shall no longer be limited, by this Agreement, to make any changes or modifications to such entitlements, conditions or fees applicable to such property.

THIS SPACE INTENTIONALLY LEFT BLANK
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21
IN WITNESS WHEREOF, this Agreement was executed by the parties thereto on the dates set forth below.

CITY OF FONTANA
a California municipal corporation
By:_____________________________
Shannon Yauchzee, Interim City Manager,
City of Fontana
ATTEST:
________________________________
Tonia Lewis, City Clerk

APPROVED AS TO FORM:
_________________________________
City Attorney
Sage Citrus Fontana, LLC
a California limited liability company
By:___________________________
Its:___________________________

360
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Exhibit A

LIST OF EXHIBITS
Exhibit “A” Map of subject property and legal description Exhibit “B” Terms of Development
Exhibit “C” Assumption Agreement
Exhibit “D” Development Code Amendment to Chapter 30 adopted by Ordinance No. ___, dated _____, 2022, and effective on _____, 2022, as amended. 361
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Exhibit A
EXHIBIT “A”
Map of Subject Property and Legal Description

362
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Exhibit B
EXHIBIT “B”

TERMS OF DEVELOPMENT OF THE PROPERTY LOCATED AT
____________________________, ASSESSOR’S PARCEL NUMBER ____-___-__

1. Any development of the Subject Property shall be the Citrus Crossroads commercial retail center, consisting of an anchor building and various outlying building pads.

2. Total building square footage is approximately 53,740 square feet. The anchor building is to be single story and encompass approximately 40,100 square feet, to be occupied by an anchor tenant in the grocery market business. The outlying building pads shall feature two inline single-story building pads that accommodate approximately 6,040 square feet of building space in total: one 3,000 square foot dental office, one 2,400 square foot drive thru restaurant and one 2,200 square foot drive thru coffee shop.

3. The project shall be developed in compliance with the Development Code (Chapter 30 of the City’s Municipal Code) of the City of Fontana.

4. The development standards, including but not limited to, building height, building setbacks, maximum lot coverage, minimum open space, and minimum parking requirements, shall be those contained in the entitlements that are detailed in Recital 5 of the Agreement and the Mitigated Negative Declaration.
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Exhibit C
EXHIBIT “C”

ASSIGNMENT AND ASSUMPTION AGREEMENT

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

_____________________
_____________________
_____________________
Attn: ________________

Above Space for Recorder’s Use

ASSIGNMENT AND ASSUMPTION AGREEMENT
This Assignment and Assumption Agreement (“Agreement”) is entered into as of _____________, 200__ by and between ___________________________, a California _____________ (“Assignor”) and __________________, a ______________ (“Assignee”).

RECITALS
A. Assignor is the owner of that certain real property located in the City of Fontana, State of California, more particularly described in Exhibit “A” attached hereto and incorporated herein by reference (the “Property”).

B. Assignor and the City of Fontana (“City”) ente red into that certain Development Agreement, dated as of __________, 2021 (the “Development Agreement”) with respect to the Property.

C. In connection with its sale or other transfer of the Property to Assignee, Assignor desires to assign all of its rights and obligations with respect to the Property under the Development Agreement to Assignee and Assignee desires to accept such assignment and assume such obligations under the terms and conditions set forth below.

NOW, THEREFORE, in consideration of the abo ve recitals and the terms and conditions herein set forth, and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Assignor and Assignee agree as follows:

1. Assignment and Delegation. Concurrent with Assignor’s conveyance or transfer of the Property to the Assignee, Assignor hereby assigns to Assignee all of Assignor’s right, title and interest under the Development Agreement with respect to the Property (the “Assigned 364
16498.40137\34469367.2

Exhibit C
Interests”) and delegates to Assignee all of Assignor’s duties and obligations under the Development Agreement with respect to the Property (the “Delegated Obligations”).

2. Acceptance and Assumption. Assignee hereby accepts Assignor’s ass ignment to Assignee of the Assigned Interests and assumes and shall perform the Delegated Obligations as if named as an original party to the Development Agreement and upon execution of the attached Consent and Release by City the Assignee shall be deemed a party to the Development Agreement and a “Landowner” as defined therein.

3. Assignor’s Warranties. Assignor warrants to Assignee that (a) the Development Agreement is in full force and effect and unmodified, (b) Assignor has full and lawful authority to assign its interest in the Development Agreement with respect to the Property in accordance with the terms of the Development Agreement, and (c) to Assignor’s actual knowledge, as of the date of this Agreement, there is no default by Assignor under the Dev elopment Agreement or any circumstances which by lapse of time or after notice would be a default by Assignor under the Development Agreement. These warranties shall survive the execution of this Agreement.

4. Joint and Several Liability . If the term “Assi gnee” refers to more than one corporation, partnership, trust, association, other entity or individual, their liability under this Agreement shall be joint and several and they assume the Delegated Obligations jointly and severally.

5. Entire Agreement. This Agreement embodies the entire agreement of Assignor and Assignee with respect to the subject matter of this Agreement, and it supersedes any prior agreements, whether written or oral, with respect to the subject matter of this Agreement.

6. Counterparts. This Agreement may be executed in counterparts, each of which shall be an original, but all of which together shall constitute one and the same agreement.

7. Binding Effect . The terms and conditions of this Agreement will inure to the benefit of, and wi ll be binding on, the successors, assigns, personal representatives, heirs, executors, devisees, administrators, trustees and legatees of Assignor and Assignee.

8. Exhibit. Exhibit A, Legal Description of Property, is attached hereto and incorporated herein as though fully set forth herein.

IN WITNESS WHEREOF, Assignor and Assignee have executed this Agreement as of the date first set forth above.

ASSIGNOR:

ASSIGNEE:
_______________________, a
_________________________

________________________

By:

Name:

Title:

By:

Its:
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CONSENT AND RELEASE
The City of Fontana (“City”) hereby consents to the foregoing Assignment and Assumption Agreement and hereby releases Assignor as provided below on the express condition that City’s consent shall not be deemed a consent to any subsequent assignment, but rather any subsequent assignment shall require the consent of City (or approval of the assumption agreement to be signed by the proposed assignee if such assumption agreement is not substantially in the form of the above Assignment and Assumption Agreement) pursuant to and in accordance with the terms and conditions of the Development Agreement.

Subject to the foregoing condition, City hereby releases Assignor from all of the obl igations of Developer and/or Landowner under the Development Agreement, including without limitation the Delegated Obligations.

THE CITY OF FONTANA

By:

Name:

Its:

366

Exhibit A
EXHIBIT “D”

DEVELOPMENT CODE AMENDMENT
Adopted by Ordinance No. _____, dated __________
(Attached on following page(s))

367

ATTACHMENT NO. 6

RESOLUTION NO. 2022-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA

ADOPTING THE INITIAL STUDY AND MITIGATED NEGATIVE

DECLARATION AND THE MIT IGATION MONITORING AND
REPORTING PROGRAM (MMRP) PURSUANT TO SECTION NO. 15070

OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND SECTION 6.16 OF THE 2019 LOCAL GUIDELINES FOR
IMPLEMENTING CEQA, APPROVING TENTATIVE PARCEL MAP NO.
20370 (TPM NO. 21 -006) FOR CONSOLIDATION OF EIGHT (8) LOTS INTO FIVE (5) PARCEL S, APPROVING CONDITIONAL USE PERMIT NO. 21-004 FOR A TYPE 21 ABC LICENSE, APPROVING
CONDITIONAL USE PERMITS NO. 21-005 AND -006 FOR DRIVE-THRU ESTABLISHMENTS, APPROVING DESIGN REVIEW NO. 21-010 FOR

SITE AND ARCHITECTURAL REVIEW OF A COMMERCIAL SHOPPING

CENTER WITH A GROCERY STORE AND FIVE OTHER PADS FOR A
TOTAL BUILDING SQUARE FOOTAGE OF APPROXIMATELY 53,740
SQUARE FEET AND APPROVING DESIGN REVIEW SIGN NO. 21-018

FOR A SIGN PROGRAM WITHIN THE AUTO CENTER OVERLAY ON A

6.20 ADJUSTED GROSS ACRE PROJECT SITE (APN: 0240-011-38, -41, -03, -05, -42, -06, -35 and -44).

WHEREAS, all the notices required by statute or the Fontana City Code have been given as required; and

WHEREAS, on March 24, 2021, the applicant submitted Tentative Parcel Map 20370 (TPM No. 21-006) to combine eight (8) parcels totaling approximately 6.20 adjusted gross acres into five (5) parcels, a Conditional Use Permit (CUP 21 -004) for a Type 21 ABC License, Conditional Use Permits 21-005 and 006 for drive-thru establishments, a Design Review (DRP No. 21 -010) application for site and architectural review of a proposed 53,740 square foot commercial center consisting of an anchor grocery store and five (5) other pads and Design Review Sign (DRS 21-018) application for a sign program to the Auto Center Overlay; and,

WHEREAS, on December 7th , 2021, the Planning Commission duly conducted a noticed public hearing on Tentative Parcel Map 20370 (TPM No. 21 -006), Conditional Use Permit 21-004, Conditional Use Permit No. 21-005, Conditional Use Permit No. 21- 006, Design Review No. 21-010, and Design Review No. 21-018; received testimony and information from any and all parties, and recommended its approval (with a 4-1 vote) to the City Council by resolution; and

WHEREAS, all the notices required by statute or the Fontana City Code have been given as required; and

WHEREAS, the City of Fontana General Plan was adopted by the City Council on November 13, 2018; and

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WHEREAS, on January 25, 2022, the City Council conducted a noticed public hearing on Tentative Parcel Map 20370 (TPM No. 21 -006), Conditional Use Permit 21 -004, Conditional Use Permit No. 21 -005, Conditional Use Permit No. 21 -006 and Design Review No. 21-010; received testimony from any and all parties, including the staff report and attached supporting documents from the Planning Commission public hearing on December 7th, 2021, as well as testimony from the project applicant and others; and

WHEREAS, An Initial Study (IS), Mitigated Negative Declaration (MND), and Mitigation Monitoring and Reporting Program (MMRP) have been prepared for this project pursuant to the California Environmental Quality Act (CEQA) and the 2019 Local Guidelines for Implementing the CEQA. Based on the information in the IS, no significant impact is anticipated as a result of project implementation, with mitigation incorporated, and a Mitigated Negative Declaration and Notice of Determination has been prepared for the City Council’s consideration; and

WHEREAS, based on the information presented to the City Council at the public hearing held for Tentative Parcel Map 20370 (TPM No. 21-006), Conditional Use Permit 21-004, Conditional Use Permit No. 21 -005, Conditional Use Permit No. 21 -006 and Design Review No. 21 -010, the testimony received, and the supporting documents in evidence, the City Council found that the proposed amendment is in conformance with the goals and policies of the General Plan; and

WHEREAS, the City of Fontana wishes to protect and preserve the quality of the life throughout the City, through effective land use and planning; and

WHEREAS, this Resolution shall become effective on the date of adoption.

WHEREAS, Conditions of Approval for Tentative Parcel Map 20370 (TPM No. 21 - 006), Conditional Use Permit 21 -004, Conditional Use Permit No. 21-005, Conditional Use Permit No. 21-006, Design Review No. 21-010 and Design Review No. 21-018; have been prepared and are attached hereto as Exhibits “A, B, C, D, E, F” and incorporated herein; and

NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council of the City of Fontana as follows:

Section 1. Findings for Tentative Parce l Map. The City of Fontana City Council hereby makes the following findings for Tentative Parcel Map No. 21-006 (TPM 20370) in accordance with Section 30-284 “Findings for approval” of the Fontana Zoning and Development Code:

Finding No. 1: The proposed parcel map is consistent with the City ’s General Plan.

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designation is intended for automobile sales and related services.

The proposed project for an automotive car dealership is consistent with the General Plan and Auto Center Overlay. The project is for a tentative parcel map to combine eight (8) parcels into five (5) for the development of a commercial center. The use is consistent with the General Plan Land Use Designation.

Finding No. 2: The design and improvements of the proposed tentative parcel map is consistent with the General Plan.

Finding of Fact: The design of the proposed parcel map is consistent with the General Plan. The lot width is approximately 790 feet and has an approximate lot depth of 330 feet and street configuration conform to the requirements of the Circulation Master Plan, Subd ivisions (Chapter No. 26), and the Zoning and Development Code (Chapter No. 30). The parcel map will combine eight (8) parcels into five (5) parcels to accommodate an anchor grocery store, two drive -thru establishments and three other future commercial pad s. Three (3) proposed points of access are proposed along South Highland Avenue.

Finding No. 3: The site is physically suitable for the type and density of development proposed.

The lot size, lot width, and lot depth are as indicated in Finding No. 2 above are consistent with other commerci al developments and dealerships in the Auto Center Overlay district. Three points of access are proposed for the commercial center along South Highland Avenue..

Finding of Fact: The design of the parcel map is not likely to cause substantial environmental damage or substantially and avoidably injur e fish or wildlife or their habitat. An Initial Study (IS) & Mitigated Negative Declaration was completed to identify environmental impacts and mitigation measures are included to make any impacts less than significant. The Initial Study/Mitigated Negativ e Declaration is included under separate cover and is referenced herein.

Finding No. 5: The design of the subdivision or type of improvements will not cause serious public health problems.
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Finding of Fact: The combining of eight (8) parcels into five (5) parcel will not cause health problems. The proposed development complies with the Fontana City Codes and the General Plan as indicated in Findings Nos. 1 through 4 above . Improvements include streets, sidewalks, drainage, and grading to provide a safe and well-designed project for the area. Therefore, the project shall promote the public health, safety, and welfare of the surrounding community.

Finding No. 5: The design of the subdivision or the types of improvements will not conflict with easements a cquired by the public at large for access through or use of property within the proposed
subdivision.

Section 2. The City of Fontana City Council hereby makes the following findings for CUP No. 2 1-004 in accordance with Section 30 -150 “Findings for approval of conditional use permits” of the Fontana Zoning and Development Code:

Finding of Fact: The request is for a Conditional Use Permit (CUP) for the proposed anchor tenant located within the Citrus Crossroads development for an Alcoholic Beverage Control (ABC) license. The proposed CUP would allow for beer, wine and distilled spirits to be consumed off - site under a Type 21 ABC lice nse. The Zoning and Development Code allows for grocery stores to operate with a California Department of Alcohol Beverage Control (ABC) Type 21 (Off -Sale Beer, Wine and Distilled Spirits) license subject to approval of a Conditional Use Permit.

The site i s located at the northeast corner of Citrus Avenue and South Highland Avenue. The General Plan land use designation for the site is General Commercial (C-G) and if approved, would be within Planning Area 3 the Auto Center Overlay District . Specific development types allowed in C-G include: retailing, wholesaling, service activities, offices and businesses providing professional 371
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services, as well as retail stores such as grocery stores. Planning Area 3 would allow for similar uses.

Finding of Fact: The proposed grocery store will occupy the anchor building within the shopping center. The building is approximately 4 0,100 square feet on an approximately 6.20 adjusted gross acre site. The physical characteristics of the site were reviewed and staff has determined that the project site meets all of the necessary requirements for a type 21 ABC license such as the physical relationship and proximity of the use to other off-sale licenses as well as proximity to sensitive uses such as schools, parks , religious institutions, hospitals and other similar uses. None of the uses listed above are within 600 feet of the project site where the type 21 ABC license is proposed.

Adequate streets and highways exist to accommodate the existing and anticipated traffic with adequate on -site circulation. T raffic to and from the project site has three (3) access points proposed along South Highland Avenue . South Highland Avenue is identified as a Primary Highway in the City’s General Plan Hierarchy of Street in Fontana General Plan map. South Highland Avenue has been determined to be adequate to handle the traffic generated by the commercial center. In addition, access to utilities and services can be obtained.

Finding No. 3: Granting the permit would not be detrimental to the public interest, health, safety , convenience, welfare, or materially injurious to persons, property, or improvements in the vicinity in which the project is located.

Finding of Fact: There will be no adverse effect to the neighboring sites or their permitted uses. The proposed projec t has been reviewed by the Planning Division, Engineering Department, the Building and Safety Division, and County Fire Prevention for site circulation, access, and safety. Any possible adverse effects shall be mitigated by the Conditions of Approval set forth in the Conditional Use Permit and as referenced herein. The Planning Department has drafted Conditions of Approval (Exhibit “B”) to mitigate potential negative impacts. 372
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Section 3. The City of Fontana’s, City Council hereby makes the following findings for Conditional Use Permit No. 21-005 in accordance with Section No. 30-150 “Findings for approval” of the Fontana Zoning and Development Code:

Findings of Fact: The project site is located on the northeast corner of South Highland Avenue and Citrus Avenue. The project site has a General Plan land use designation of General Commercial (C -G). The C-G land use designation category is described by the Zoning and Development code as “ retail, malls, wholesale, auto dealerships and offic es, including medical offices and clinics, that can serve a broader, regional population”. This includes grocery stores, restaurants and retail pads. The Zoning District for the project site is General Commercial (C-2) within the proposed Planning Area 3 o f the Auto Center Overlay District . Drive-thru restaurants are permitted in the C-2 zone with the approval of a Conditional Use Permit by the Planning Commission, however, in the instance, related applications to the project require approval by the City Co uncil and the CUP applications will therefore be approved by the City Council as part of the overall project. The proposed project will comply with the applicable building codes, zoning codes, and fire codes and appropriate standards, will make for a safe, attractive, and well - designed project.

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The project site is physically suitable in size a nd shape to support the development of a trailer sales office. The applicable building codes, zoning codes, and fire codes and appropriate standards, will make for a safe, attractive, and well-designed project. As proposed, the project is consistent with the standards of the Zoning and Development Code. The character of the surrounding neighborhood reflects industrial uses and non -conforming single -family homes.

Findings of Fact: The proposed project as identified and referenced in Finding No. 1 and Finding No. 2, above, has been determined not to be detrimental to the public interest, health, safety, convenience, welfare, or materially injurious to persons, property . The on-site circulation is adequate. All drive aisle widths meet both the Zoning and Development Code and Fontana Fire Prevention District minimums for access. The site will be accessed from South Highland Avenue.

For the anticipated traffic to the project site, there are three (3) proposed driveway for the purpose of ingress and egr ess. The driveway is designed to accommodate passenger vehicle traffic, tractor-trailers traffic, and service vehicles, as necessary. The proposed project has been reviewed by Planning, Engineering, Building and Safety, and Fontana Fire Prevention for site circulation, access, and safety. Santa Ana Avenue is classified as a Secondary Highway within the City’s General Plan, Community, Mobility, and Circulation Element. Additionally, adequate utilities and services exist on-site and off-site.

Section 4. The City of Fontana’s, City Council hereby makes the following findings for Conditional Use Permit No. 21-006 in accordance with Section No. 30-150 “Findings for approval” of the Fontana Zoning and Development Code:

Findings of Fact: The project site is located on the northeast corner of South Highland Avenue and Citrus Avenue . The project is located within the proposed Planning Area 3 of the Auto Center Overlay District. Drive- 374
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thru restaurants are permitted in the C-2 zone with the approval of a Conditional Use Permit by the City Council. The proposed project will comply with the applicable building codes, zoning codes, and fire codes and appropriate standards, will make for a safe, attractive, and well-designed project.

There will be three (3) vehicle access points to the site from South Highland Avenue. The driveway will be designed to accommodate passenger vehicle traffic, tractor-trailer traffic, and service vehicles, as necessary. The proposed project has been reviewed by Planning, Engineering, Building and Safety, and Fontana Fire Prevention for site circulation, access, and safety.

Finding No. 3: Granting t he permit would not be detrimental to the public interest, health, safety, convenience, welfare, or materially injurious to persons, property, or improvements in the vicinity in which the project is located.

Findings of Fact: The proposed project as ident ified and referenced in Finding No. 1 and Finding No. 2, above, has been determined not to be detrimental to the public interest, health, safety, convenience, welfare, or materially injurious to persons, property . The on-site circulation is adequate. All drive aisle widths meet both the Zoning and Development Code and Fontana Fire Prevention District minimums for access. The site will be accessed from South Highland Avenue.

For the anticipated traffic to the project site, there are three (3) proposed dr iveway for the purpose of ingress and egress. The driveway is designed to accommodate passenger vehicle traffic, tractor-trailers traffic, and service vehicles, as necessary. The proposed project has been reviewed by Planning, Engineering, Building and Safety, and Fontana Fire Prevention for site circulation, access, and safety. Additionally, adequate utilities and services exist on-site and off-site.

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Section No. 5. The City of Fontana City Council hereby makes the following findings for Design Review No. 21-010 in accordance with Section No. 30-120 “Findings for approval” of the Fontana Zoning and Development Code:

Finding No. 1: The proposal is cons istent with the General Plan, Zoning and Development Code, and any applicable Specific Plan.

The C-2, along with the Auto Center Overlay designation, is intended for retail and wholesale activities . The proposed project for an anchor grocery store, two (2) drive-thru establishments and three (3) other commercial pads meets all the minimum standards in the Fontana Municipal Code and Auto Center Overlay District. The project is proposed with a high-quality architectural design appropriate for the General Commercial (C-2) zone and Auto Center Overlay district. Appropriate screening from the public right -of-way will also be done.

This project, as proposed, is approval for architectural design for the construction of a shopping center totaling approximately 53,354 square feet. The anchor tenant would be approximately 40,100 square feet. The remaining square footage would be for buildings located at five (5) other pads within the center. This project meets or exceeds the criteria contained in the Design Review section of the Zoning and Development Code.

The development would encompass a grocery store, restaurants and 376
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retail alike to accommodate and residents, visitors an d the overall community. Adequate parking and accessibility per standards has been incorporated therefore the project will promote the public health, safety and welfare of the occupants and therefore, the community.

Finding of Fact: The proposed project as identified and referenced in Finding No . 1 and 2, has been determined to be aesthetically and architecturally pleasing and compatible with the neighborhood. The project site which is approximately 6.2 adjusted gross acres is physically suitable in size and shape to support the development of th e proposed shopping center. The applicable building codes, zoning codes and fire codes and standards, will make for a safe, attractive, and well - designed project. As proposed, the project is consistent with the Zoning and Development Code with approval of the Zoning Code Amendment.

Finding No. 4: The site improvements are appropriate and will result in a safe, well-designed facility.

The proposed development will result in appropriate improvements for the project site and the surrounding area as well. The project includes sidewalks, drainage, grading and a traffic signal with all necessary improvements on Citrus Avenue and South Highla nd Avenue to provide a safe and well -designed neighborhood. The proposed project has been reviewed by Planning, Engineering, Building and Safety and Fontana Fire Prevention for site circulation, access and safety. The proposed project identified in Finding No. through Finding No. 3, above, meets or exceeds the standards of the Zoning and Development Code and will provide a safe design for public access.
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Section No. 6. The City of Fontana City Council hereby makes the following findings for Design Review No. 21-018 in accordance with Section No. 30-120 “Findings for approval” of the Fontana Zoning and Development Code:

Finding No. 1: The proposal is consistent with the General Plan, Zoning and Development Code, and any applicable Specific Plan.

Finding of Fact: The site currently has a general plan land use designation of General Commercial (C -G) and a current zoning d istrict of General Commercial (C-2) and would be within Planning Area 3 of the Auto Overlay District. Pylon, monument and wall signs are permitted with approval of a Design Review Sign application. Additionally, the use is required to comply with all other applicable provisions of the Zoning Code, Municipal Code, and General Plan.

Finding of Fact: The shopping center, if approved, would meet the regulations, standards, and intent of the Zoning and Development Code. The signs would be located in an area that has a variety of commercial and retail uses meeting development standards.

Finding of Fact: The proposed signage is complimentary to and with the proposed commercial center. The applicant has proposed one (1) freeway pylon sign, two (2) multi -tenant monument signs, one enhanced (1) corner statement which includes water features, and on -site directional signage. Materials and colors of the proposed signs will match the proposed center of a modern architectural theme that will enhance the overall contemporary look of the shopping center.

Finding No. 4: The site improvements are appropriate and will result in a safe, well-designed facility.

Finding of Fact: The proposed signs have been reviewed by Planning, Engineering, Building and Safety and Fontana Fire Prevention for site circulation, access and safety. The proposed signs will meet or exceeds the standards of the Zoning and Development Code and will provide a safe design for public access.

Section 7. The City Council has reviewed and considered the Initial 378
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Study/Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program , any oral or written comments received, and the administrative record prior to making any decision on the proposed project. The City Council finds that the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program contain a complete and accurate reporting of all the environmental impacts associated with the Project. The City Council further finds that the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program has been completed in compliance with the Local Guidelines for Implementing CEQA and the State CEQA Guidelines.

Section 8. Compliance with California Environmental Act. The City Council hereby adopts the Initial Study/Mitigated Negative Declaration on the proposed project. The City Council finds that the Initial Study/ Mitigated Negative Declaration contains a complete and accurate reporting of all the environmental impacts associated with the project. The City Council further finds that the Mitigated Negative Declaration has been completed in compliance with CEQA, 2019 Local Guidelines for Implementing the California Environmental Quality Act, and the State CEQA Guidelines.

Section 9. This Resolution shall take effect immediately after the City Council approval of Tentative Parcel Map 20370 (TPM No. 21 -006), Conditional Use Permit 21 - 004, Conditional Use Permit No. 21 -005, Conditional Use Permit No. 21 -006, Design Review No. 21-010, and Design Review No. 21-018, provided however, if the Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise do not go into effect for any reason, then this Resolution shall be null and void and have no further force and effect.

Section 10. Based on the foregoing, the City Council of the City of Fontana hereby approves Tentative Parcel Map 20370 (TPM No. 21-006), Conditional Use Permit 21-004, Conditional Use Permit No. 21-005, Conditional Use Permit No. 21-006, Design Review No. 21-010, and Design Review No. 21-018 subject to the findings in Sections 1 through 6 herein and the attached Conditions of Approval, which are attached hereto as Exhibits “A, B, C, D, E, F” to this Resolution and incorporated herein by this reference.

Section 11. Resolution Regarding Custodian of Record : The documents and materials that constitute the record of proceedings on which this Resolution has been based are located at the Planning Department, 8353 Sierra Avenue, Fontana, CA 92335.

This information is provided in compliance with Public Resources Code section 21081.6.

APPROVED on this 25th day of January 2022.

READ AND APPROVED AS TO LEGAL FORM;
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City Attorney

ATTEST:

I, Tonia Lewis, City Clerk of the City of Fontana and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City of Fontana at a regular meeting thereof, held on January 25, 2022, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

City Clerk of the City of Fontana

Mayor of the City of Fontana

ATTEST:

______________________________________
City Clerk

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EXHIBIT “A”

CITY OF FONTANA

CONDITIONS OF APPROVAL

PROJECT: Master Case No. 21-032 DATE: December 7th, 2021 Tentative Parcel Map 20370
(TPM No. 21-006)

LOCATION: The p roject site is located on the northeast corner of South Highland Avenue and Citrus Avenue (APN: 0240 -011-38, -41, -03, -05, -42, -06, 35 and -44).

PLANNING DEPARTMENT:

1. The Tentative Parcel Map shall become null and void two (2) years from the date of approval unless the Final map is recorded or the applicant applies for an extension of time in accordance with the provisions in the Subdivision Map Act and the provisions in the City’s Municipal Code.

• All conditions of approval imposed by this project have been fulfilled.

4. The applicant shall defend, indemnify, protect and hold harmless the City of Fontana or its agents, officers, attorneys and employees from any and all actual or alleged claims, actions or proceedings against the City of Fontana or its agents, officers, attorneys or employees to attack, set aside, void, annul or seek monetary damages arising out of any challenge to the applicant’s proposed project or to any approvals of the Planning Commission and/or City Council concerning this project, including but not limited to actions challenging CEQA actions, permits, variances, plot pl ans, design plans, maps, licenses, and amendments. The City of Fontana shall promptly notify the applicant of any claim, action, or proceeding and the City of Fontana shall cooperate in the defense.

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In the event of any such third party action or proceeding, the City shall have the right to retain legal counsel. The applicant shall be responsible and reimburse the City for such legal fees and costs, in their entirety, including actual attorneys’ fees, which may be incurred by the City in defense of such a ction or proceeding. This indemnification shall also include, but not be limited to, damages, fees and/or costs awarded against the City, if any, and cost of suit, attorneys’ fees, and other costs, liabilities and expenses incurred in connection with such claim, action, or proceeding whether incurred by applicant, the City and/or any parties bringing such forth.

Except as required under applicable State and Federal law, the City of Fontana and the applicant acknowledge that the City would not have approv ed this project if the City were to be liable to applicant in damages under or with respect to all or any part of this application or this condition of approval. Accordingly, applicant shall not sue the City for damages or monetary relief for any matter arising from or related to this condition of approval. Applicant’s sole and exclusive remedy shall be limited to declaratory/injunctive relief, mandate, and/or specific performance.

6. The applicant/developer shall comply with the mitigation measures identified in the Initial Study/Mitigated Negative Declaration Mitigation Monitoring and Reporting Program for this project.

7. Applicant shall pay all a pplicable service fees pursuant to the City of Fontana Municipal Code.

ENGINEERING DEPARTMENT:

8. The project shall be served by the City’s sanitary sewer system, all sewer facilities shall be constructed in accordance with the City Standards. Main trunk s ewer line shall be in accordance with master sanitary sewer plan or as approved by the City Engineer.

9. The applicant shall obtain design and plan approval from all utility providers having jurisdiction over the on-site and off-site utilities. Completion of all undergrounding of onsite and off -site utilities is required by Section 27 -52 of the City Municipal Code and in accordance with plans and specifications approved by the City Engineer.

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10. It is the Applicant’s responsibility to maintain all improvements and utilities within the public right-of-way, including street sweeping, prior to final acceptance by the City.

11. The applicant shall obtain an encroachment permit from Caltrans for any work required within Caltrans’ right-of-way.

12. This applicant’s engineer shall prepare and submit traffic signal plans per approved site plan and as required to the satisfaction of the City Engineer.

13. Applicant shall submit and gain approval of a complete WQMP Report in accordance with the County of San Bernardino Technical Guidance Document and latest template.

14. Traffic study must be approved.

PRIOR TO MAP RECORDATION

15. Record parcel map, right -of-way dedications, easements, and reciprocal access agreement as required for the development.

16. Applicant shall provide a Land Improvement Agreement, with accompanying security. The agreement shall be executed on City -provided forms. PRIOR TO

ISSUANCE OF CONSTRUCTION PERMITS

CERTIFICATE OF OCCUPANCY

19. Applicant/Engineer shall provide centerline ties to the City of Fontana reflecting proper setting of al l survey monuments within the project limits and replace any existing survey monuments damaged or removed during construction. 13.

Applicant/Engineer shall set survey monuments as required by the map and corner records must be recorded with the County.

21. All sewers and storm drains shall be video inspected by applicant/contractor. Sewer video shall include clean -out connection, clean -out to lateral segment, lateral, and 383
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main line. Storm drain video shall include main lines and late rals. Applicant shall provide a copy of the video on DVD or flash drive to inspection staff. Videos to be inspected and approved by City Inspection. If removal and replacement of any utility is required, a subsequent video of the repair will be required.

BUILDING & SAFETY DIVISION:

23. Shall comply with the latest adopted edition of the following codes as applicable:

25. The requirements of the South Coast Air Quality Management District shall be satisfied prior to the issuance of any permit if hazardous materials are stored and/or used.

26. Any temporary building, trailer, commercial coach, etc. installed and/or used in connection with a construction project shall comply with City Code.

27. All perimeter/boundary walls shall be designed and constructed so that the outer/exterior face of the wall is as close as possible to the lot line. In any case, the outer/exterior face of the wall shall be within two (2) inches of the lot line. Distances greater than two (2) inches may be approved prior to constructio n by the Building Official on a case by case basis for extenuating circumstances.

28. The Parcel map shall record prior to the issuance of any permits.

29. Grading Requirements:

A. Grading plans shall be submitted to and approved by Building & Safety.

The grading plans shall indicate all site improvements and shall indicate complete drainage paths of all drainage water run-offs.

B. All drainage water shall drain via approved methods to an approved location, such as a public street, a public drainage system, etc.

C. Drainage water shall not cross over a public sidewalk. Drainage water 384
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may, however, cross under a sidewalk if an approved drainage structure is used.

D. A recorded drainage acceptance agreement is required from adjoining property(s) receiving flows from this property.

E. No water course or natural drainage shall be obstructed.

F. Minimum slope or grade for ALL drainage structures shall be one half (0.50) percent for concrete and one (1.0) percent for all other, or as otherwise approved by the Building Official.

I. The grading plans shall, as a minimum, contain sections at all lot lines and/or permit boundary lines. These sections shall clearly indicate:

2. The ground cover/finished surface material being proposed (e.g., type of pavement, plant material, etc.); and

3. All proposed drainage structures; and

4. Any proposed and/or required walls or fencing.

30. All signs shall be Underwriters Laboratories approved or equal.

31. Permits are required prior to the removal and/or demolition of structures.

32. All exterior lighting shall be oriented, directed, and/or shielded as much as possible so that direct illumination does not infringe onto adjoining properties.

PRIOR TO ISSUANCE OF BUILDING/CONSTRUCTION PERMITS

33. The following items (as applicable) shall be completed and/or submitted to Building & Safety prior to the issuance of building permits for this project:
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A. Precise grading plans shall be approved
B. Rough grading completed
C. Compaction certification
D. Pad elevation certification
E. Rough grade inspection signed off by a City Building Inspector

34. If hazardous substances are used and/or stored, a techni cal opinion and report, identifying and developing methods of protection from the hazards presented by the hazardous materials, may be required. This report shall be prepared by a qualified person, firm, or corporation and submitted to Building & Safety. This report shall also explain the proposed facility's intended methods of operation and list all of the proposed materials, their quantities, classifications, and the effects of any chemical (material) inter-mixing in the event of an accident or spill.

END OF FINAL CONDITIONS

EXHIBIT “B”
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CITY OF FONTANA

CONDITIONS OF APPROVAL

PROJECT: Master Case No. (MCN) 21-032 DATE: December 7th, 2021 Conditional Use Permit No. 20-010
Type 21 ABC License for a Grocery Store

PLANNING DEPARTMENT:

The City of Fontana and th e applicant acknowledge that the City would not have approved this project if the City were to be liable to applicant in damages under or with respect to all or any part of this application or this condition of approval. 387
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4. In the event that one or more of the Conditions of Approval for this project needs to be amended and/or deleted due to health, safety or welfare concerns, the City Manager is authorized to approve or conditionally approve such amendment/deletion, provided that City Manager shall bring such proposed amendment/deletion to the City Council at the next available meeting for City Council ratification, but in no event later than sixty (60) days f ollowing the City Manager’s decision. The noticing of such City Council meeting for possible ratification shall be pursuant to Sections 30-23 and 30-24 of the Municipal Code.

POLICE DEPARTMENT:

7. All tobacco products shall remain under the control of the management, behind the cashier’s counter.

10. No display or sale of beer, wine or distilled spirits, shall be made from an ice tub. 388
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11. No alcoholic beverages shall be stored, sold or displayed (even for special events) within any aisle-way of the main sales floor or vestibule.

12. The sale of malt liquor or f ortified wine products with an alcoholic content greater than 17 percent by volume is prohibited.

13. The licensee shall not sell single bottles of wine in less than 750 ml. containers.

Specialty or dessert wines which are only packaged in 375 milliliter b ottles shall be permitted.

14. No distilled spirits shall be sold in bottles or containers smaller than 375 ml.

15. The sale of beer or malt beverages in single size containers of 40 ounces or less is prohibited.

16. The licensed premise shall not sell individual units of beer or wine from the manufacturer’s multi-unit packages (three-packs, four-packs, six-packs, etc.).

18. The possession of alcoholic beverages in open containers and the consumption of alcoholic beverages are prohibited on or around the licensed premises.

19. On a regular and reasonable basis litter shall be removed daily from the premises, including adjacent public sidewalks and all parking areas under the control of the business owner/licensee. These areas shall be swept or cleaned, either mechanically or manually, on a weekly basis to control debris.

20. The business owner/licensee shall comply with the City False Alarm Ordinances.

21. Graffiti abatement by the business owner/licensee shall be immediate and ongoing on the licensed premises, but in no eve nt shall graffiti be allowed unabated on the premises for more than 48 hours. Abatement shall take the form of removal or shall be covered/painted over with a color reasonably matching the color of the existing building, structure, or other surface being abated. Additionally, the business owner/licensee shall notify the City within 24 hours (at 909.350-GONE) of any graffiti elsewhere on the property not under the business owner/licensee’s control so that it may be abated by the property owner and/or the City’s Graffiti Enforcement Team.

22. The management and employees of the licensed premise shall be required to prevent loitering in the parking lot of the site. The management and employees of the licensed premise shall regularly police the area under its co ntrol to prevent the loitering of persons about the premises.

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23. Sales of alcoholic beverages will be restricted to, and within the confines of, the building portion of the licensed premises.

26. The exterior of the premise, including all entrances, walkways, adjacent public sidewalks, alleyways and parking lots under the control of the licensee, shall be illuminated at a minimum of one (1) foot candle of light during all hours of darkness, so that persons standing in those areas at night are identifiable by law enforcement personnel. All luminaries utilized are required to have vandal resistant light fixtures.

Generally, the signs should be 24 inches in length and 14 inches in width with the print of sufficient size to make them clearly readable.

30. No electronic arcade or amusement games are permitted on the licensed premises at any time.

31. In the event security problems occur, the Police Department (Chief of Police) will issue a letter to the owner reques ting a meeting to discuss said security problems. 390
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If security problems are not resolved by the owner in the timeframe mutually agreed upon in said meeting, at the discretion of the Chief of Police, the business owner/licensee or management, at his or her own expense, shall provide a California licensed, uniformed security guard(s) on the premises, during such hours as requested and directed by the Police Department. All uniformed security guards shall comply with Fontana City Code section 22-62, and shall be registered with the State of California’s Bureau of Security and Investigative Services as a security guard prior to employment within the City of Fontana.

33. The licensee, business owner, all managers and employees engaged in the sale of alcohol, shall attend a L.E.A.D. trai ning (Licensee Education on Alcohol and Drugs provided by the Department of Alcoholic Beverage Control) or an alternative responsible beverage service training (RBS), within 90 days of employment.

34. Comply with California Assembly Bill 1221 of 2017, Respons ible Beverage Service Training Act. Details can be found on the website for the California Department of Alcoholic Beverage Control.

END OF CONDITIONS OF APPROVAL

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EXHIBIT “C”

CITY OF FONTANA

CONDITIONS OF APPROVAL
PROJECT: Master Case No. (MCN) 21-032 DATE: December 7, 2021 Conditional Use Permit No. (CUP) 21-005
Drive Thru Restaurant for a Coffee Shop

PLANNING DEPARTMENT:

1. The rights and privileges granted by this project shall not become effective, nor shall the Applicant commence the use for which this project is granted, until both of the following have occurred:

2. In the event that one or more of the Conditions of Approval for this project needs to be amended and/or deleted due to health, safety, or welfare concerns, the City Manager is authorized to approve or conditionally approv e such amendment/deletion, provided that City Manager shall bring such proposed amendment/deletion to the City Council at the next available meeting for City Council ratification, but in no event later than sixty (60) days following the City Manager’s decision. The noticing of such City Council meeting for possible ratification shall be pursuant to Section No. 30-30 and Section No. 30-31 of the Municipal Code.

3. The applicant shall defend, indemnify, protect and hold harmless the City of Fontana or its agents, officers, attorneys and employees from any and all actual or alleged claims, actions or proceedings against the City of Fontana or its agents, officers, attorneys or employees to attack, set aside, void, annul or seek monetary damages arising out of any challenge to the applicant’s proposed project or to any approvals of the Planning Commission and/or City Council concerning this project, including but not li mited to actions challenging CEQA actions, permits, variances, plot plans, design plans, maps, licenses, and amendments. The City of Fontana 392
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shall promptly notify the applicant of any claim, action, or proceeding and the City of Fontana shall cooperate in the defense.

In the event of any such third -party action or proceeding, the City shall have the right to retain its own separate legal counsel to defend the interests of the City. The applicant shall be responsible for reimbursing the City for such legal fees and costs, in their entirety, including actual attorneys’ fees, which may be incurred by the City in defense of such action or proceeding. This indemnification shall also include, but not be limited to, damages, fees and/or costs awarded against the City, if any, and cost of suit, attorneys’ fees, and other costs, liabilities and expenses incurred in connection with such claim, action, or proceeding whether incurred by applicant, the City and/or any parties bringing such forth.

The City of Fontana and t he applicant acknowledge that the City would not have approved this project if the City were to be liable to applicant in damages under or with respect to all or any part of this application or this condition of approval.

4. This Conditional Use Permit shall become null and void two (2) years from the date of approval, unless the appropriate permits have been obtained and construction, defined as permit obtainment, commencement of construction of the primary building on site, and successful c ompletion of the first Building and Safety Division inspection, has commenced within this period.

6. Color combinations and color schemes for buildings approved under a design review application shall not be modified or changed without prior approval of the original approving body by a revision to the original application. Minor hue color changes may be approved by the Director of Community Development. The Director of Community Development may refer minor hue color changes to the original approving body for consideration under a revision to the original application.

8. This project will comply with all applicable provisions, regulations, and development standards of Planning Area 3 of the Auto Overlay District.

9. All signs shall be reviewed under a separate Design Review Sign application.

PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY

10. The current Development fees must be paid prior to issuance of building/construction permits.

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POLICE DEPARTMENT:

11. This is a high graffiti area of the city. To discourage graffiti, apply an anti-graffiti coating on all block walls.

12. Adhere to the City standard of one -foot candle minimum for all entrances, exits, pedestrian paths, parking lots, and activity areas. All areas shall be illuminated during all hours of darkness and all luminarie s utilized shall be vandal -resistant fixtures. The type of lighting shall be fluorescent, white L.E.D.s or metal halide.

Provide a photometric layout under separate exhibit to ensure the minimum light standard is met.

13. Adhere to the Standard Building Secu rity Specifications of the Fontana Police Department.

END OF CONDITIONS

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EXHIBIT “D”

CITY OF FONTANA

CONDITIONS OF APPROVAL
PROJECT: Master Case No. (MCN) 21-032 DATE: December 7, 2021 Conditional Use Permit No. (CUP) 21-006
Drive Thru Restaurant

PLANNING DEPARTMENT:

1. The rights and privileges granted by this project shall not become effective, nor shall the Applicant commence the use for which this project is granted, until both of the following have occurred:

2. In the event that one or more of the Conditions of Approval for this project needs to be amended and/or deleted due to health, safety, or welfare concerns, the City Manager is authorized to approve or conditionally approve such amendment/deletion, provided that City Manager shall bring such proposed amendment/deletion to the City Council at the next available meeting for City Council ratification, but in no event later than sixty (60) days following the City Manager’s decision. The noticing of such City Council meeting for possible ratification shall be pursuant to Section No. 30-30 and Section No. 30-31 of the Municipal Code.

3. The applicant shall defend, indemnify, protect and hold harmless the City of Fontana or its agents, officers, attorneys and employees from any and all actual or alleged claims, actions or proceedings against the City of Fontana or its agents, officers, attorneys or employees to attack, set aside, void, annul or seek monetary damages arising out of any challenge to the applicant’s proposed project or to any approvals of the Planning Commission and/or City Council concerning this project, including but not limited to actions challenging CEQA actions, permits, variances, plot plans, design plans, maps, licenses, and amendments. The City of Fontana 395
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shall promptly notify the applicant of any claim, action, or proceeding and the City of Fontana shall cooperate in the defense.

In the event of any such third -party action or proceeding, the City shall have the right to retain its own separate legal counsel to defend the interests of the City. The applicant shall be responsible for reimbursing the City for such legal fees and costs, in their entirety, including actual attorneys’ fees, which may be incurred by the City in defense of such action or proceeding. This indemnification shall also include, but not be limited to, damages, fees and/or costs awarded against the City, if any, and cost of suit, attorneys’ fees, and other costs, liabilities and expenses incurred in connection with such claim, action, or proceeding whether incurred by applicant, the City and/or any parties bringing such forth.

Accordingly, applicant shall not sue the City for damages or monetary relief for any matter arising from or related to this condition of approv al. Applicant’s sole and exclusive remedy shall be limited to declaratory/injunctive relief, mandate, and/or specific performance.

4. This Conditional Use Permit shall become null and void two (2) years from the date of approval, unless the appropriate permit s have been obtained and construction, defined as permit obtainment, commencement of construction of the primary building on site, and successful completion of the first Building and Safety Division inspection, has commenced within this period.

6. Color combinations and color schemes for buildings approved under a design review application shall not be modified or changed without prior approval of the original approving body by a revision to the original application. Minor hue color changes may be appro ved by the Director of Community Development. The Director of Community Development may refer minor hue color changes to the original approving body for consideration under a revision to the original application.

8. This project will comply with all applicable provisions, regulations, and development standards of Planning Area 3 of the Auto Overlay District.

All signs shall be reviewed under a separate Design Review Sign application.

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PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY

9. The current Development fees must be paid prior to issuance of building/construction permits.

POLICE DEPARTMENT:

10. This is a high graffiti area of the city. To discourage graffiti, apply an anti -graffiti coating on all block walls.

11. Adhere to the City stan dard of one -foot candle minimum for all entrances, exits, pedestrian paths, parking lots, and activity areas. All areas shall be illuminated during all hours of darkness and all luminaries utilized shall be vandal -resistant fixtures. The type of lighting shall be fluorescent, white L.E.D.s or metal halide.

Provide a photometric layout under separate exhibit to ensure the minimum light standard is met.

12. Adhere to the Standard Building Security Specifications of the Fontana Police Department.

END OF CONDITIONS

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EXHIBIT “E”

CITY OF FONTANA

CONDITIONS OF APPROVAL

PROJECT: Master Case No. 21-032 DATE: December 7, 2021
Design Review No. 21-010
Shopping Center

LOCATION: The p roject site is located on the northeast corner of South Highland Avenue and Citrus Avenue, (APN: 0240-011-38, -41, -03, -05, -42, -06, 35 and -44).

PLANNING DEPARRTMENT:

3. The rights and privileges granted by this project shall not become effective, nor shall the Applicant commence the use for which this project is granted, until both of the following have occurred:

b. All other Conditions of Approval imposed by this project have been fulfilled.

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5. This project will comply with all applicable provisions, regulations and development standards of the City of Fontana Municipal Code.

Except as required under applicable State and Federal law, the City of Fontana and the applicant acknowledge that the City would not have approved this project if the City were to be liable to applicant in damages under or with respect to all or any part of this application or this condition of approval. Accordingly, applicant shall not sue the City for damages or monetary relief for any matter arising from or related to this condition of approval. Applicant’s sole and exclusive remedy shall be limited to declaratory/injunctive relief, mandate, and/or specific performance.

8. In the event that one or more of the Conditions of Approval for this project needs to be amended and/or deleted due to health, safety or welfare concerns, the City Manager is authoriz ed to approve or conditionally approve such amendment/deletion, provided that City manager shall bring such proposed amendment/deletion to the City Council at the next available meeting for City Council ratification, but in no event later than sixty (60) d ays following the City 399
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Manger’s decision. The noticing of such City Council meeting for possible ratification shall be pursuant to Sections 30-30 and 30-31 of the Municipal Code.

12. The applicant shall post a publicly visible sign on the project site with the telephone number and 24-hour point of contact for dust, noise, and construction complaints.

14. All future monument signs shall be reviewed under a separate Design Review Sign application.

PRIOR TO ISSUANCE OF A GRADING PERMIT:

15. The applicant/developer shall comply with the mitigation measures identified in the Initial Study/Mitigated Negative Declaration Mitigation Monitoring and Reporting Program.

17. All Conditions of Approval contained herein shall be incorporated into all applicable final construction plans and a copy of these conditions, signed by the property owner or legal representative, shall be placed on a sheet in the final building or grading plans prior to issuance of any building or grading permits.

18. A Planning D epartment final inspection fee of $265.00 shall be paid prior to issuance of the Certificate of Occupancy for Industrial and Commercial Development.
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19. Applicant shall pay all applicable service fees pursuant to the City of Fontana Municipal Code.

20. All architecture treatments and /or projection s located on any elevation of any building shall be of durable non-foam e.g. (extrusive polystyrene) material; the use of foam for additional detailing is permitted above the first 14 feet in height on the elevations.

BUILDING & SAFETY DIVISION:

21. Shall comply with the latest adopted edition of the following codes as applicable:

22. Automatic fire suppression systems shall be installed in all new construction per Article II, Chapter 11 of the Code of the City of Fontana. Design and type of system shall be based upon the requirements of the Building Code, Fire Co de and the requirements of the Fontana Fire Prevention District.

23. The requirements of the Air Quality Management District shall be satisfied prior to the issuance of any permit if hazardous materials are stored and/or used.

24. Any temporary building, trailer, commercial coach, etc. installed and/or used in connection with a construction project shall comply with City Code.

25. All perimeter/boundary walls shall be designed and constructed so that the outer/exterior face of the wall is as close as possible to the lo t line. In any case, the outer/exterior face of the wall shall be within two (2) inches of the lot line.

Distances greater than two (2) inches may be approved prior to construction by the Building Official on a case by case basis for extenuating circumstances.

26. The Parcel map shall record prior to the issuance of any permits.

27. Grading Requirements:

A. Grading plans shall be submitted to and approved by Building & Safety.

The grading plans shall indicate all site improvements and shall indicate complete drainage paths of all drainage water run-offs.

B. All drainage water shall drain via approved methods to an approved location, such as a public street, a public drainage system, etc.

C. Drainage water shall not cross over a public sidewalk. Drainage water may, however, cross under a sidewalk if an approved drainage structure is used.
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D. A recorded drainage acceptance agreement is required from adjoining property(s) receiving flows from this property.

E. No water course or natural drainage shall be obstructed.

F. Minimum slope or grade for ALL drainage structures shall be one half (0.50) percent for concrete and one (1.0) percent for all other, or as otherwise approved by the Building Official.

G. Drainage water shall not pass from an ‘improved’ type of drainage structure to an ‘un improved’ type of drainage structure (e.g., concrete swale to a dirt swale) unless otherwise approved by the Building Official.

I. The grading plans shall, as a minimum, contain sections at all lot lines and/or permit boundary lines. These sections shall clearly indicate:

2. The ground cover/finished surface material being proposed (e.g., type of pavement, plant material, etc.); and

3. All proposed drainage structures; and

4. Any proposed and/or required walls or fencing.

28. All signs shall be Underwriters Laboratories approved or equal.

29. Permits are required prior to the removal and/or demolition of structures.

30. All exterior lighting shall be oriented, directed, and/or shielded as much as possible so that direct illumination does not infringe onto adjoining properties.

PRIOR TO ISSUANCE OF BUILDING/CONSTRUCTION PERMITS

31. The following items (as applicable) shall be completed and/or submitted to Building & Safety prior to the issuance of building permits for this project:

A. Precise grading plans shall be approved
B. Rough grading completed
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C. Compaction certification
D. Pad elevation certification
E. Rough grade inspection signed off by a City Building Inspector

ENGINEERING LAND DEVELOPMENT:

34. The applicant shall obtain design and plan approval from all utility providers having jurisdiction over the on-site and off-site utilities. Completion of all undergrounding of onsite and off -site utilities is required by Section 27 -52 of the City Municipal Code and in accordance with plans and specifications approved by the City Engineer.

35. It is the Applicant’s responsibility to maintain all improvements and utilities within the public right-of-way, including street sweeping, prior to final acceptance by the City.

36. The applicant shall obtain an encroachment permit from Caltrans for any work required within Caltrans’ right-of-way.

37. This applicant’s engineer shall prepare and submit traffic signal plans per approved site plan and as required to the satisfact ion of the City Engineer. PRIOR TO

ISSUANCE OF GRADING PERMIT

38. Applicant shall submit and gain approval of a complete WQMP Report in accordance with the County of San Bernardino Technical Guidance Document and latest template.

39. Traffic study must be approved.

PRIOR TO MAP RECORDATION

40. Record parcel map, right -of-way dedications, easements, and reciprocal access agreement as required for the development.

41. Applicant shall provide a Land Improvement Agreement, with accompanying security. The agreement shall be executed on City -provided forms. PRIOR TO

ISSUANCE OF CONSTRUCTION PERMITS
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CERTIFICATE OF OCCUPANCY

Applicant/Engineer shall set survey monuments as required by the map and corner records must be recorded with the County.

PUBLIC WORKS:

48. All commercial facilities must complete an Industrial Wastewater Discharge Permit application prior to final Certificate of Occupancy (FMC 23-218).

Solid Waste:

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Fontana City CouncilJanuary 25, 2022

Fontana City Council
January 25, 2022