Attachment 3 - City Council Resolution, Findings, and Conditions of Approval

RESOLUTION NO. 2022-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA ADOPTING AN ADDENDUM TO THE EIR FOR THE CITRUS HEIGHTS NORTH SPECIFIC PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT (PEIR) (SCH NO. 2003111125) AND MITIGATION, MONITORING, AND REPORTING PROGRAM (MMRP) AND APPROVING TENTATIVE TRACT MAP NO. 20512 (TTM NO. 21-009) AND DESIGN REVIEW NO. 21-046 FOR THE CONSTRUCTION OF EIGHTY-FIVE DETACHED RESIDENTIAL UNITS ON A LOT OF APPROXIMATELY 9 GROSS ACRES.

WHEREAS, all the notices required by statute or the Fontana City Code have been given as required; and WHEREAS, on December 14, 2021, the applicant submitted Tentative Tract Map No. 20512 (TTM No. 21-009) to create 85 single-family lots on a 9-acre site, and Design Review (DRP No. 21-046) application for site and architectural review of a proposed 85 detached cluster unit development with amenities on a 9 acre site; and, WHEREAS, on July 5, 2022, the Planning Commission duly conducted a noticed public hearing on Tentative Tract Map No. 20512 (TTM No. 21-009), and Design Review No. 21-046; received testimony and information from any and all parties, and recommended its approval (with a 4-0 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 WHEREAS, on July 26, 2022, the City Council conducted a noticed public hearing on Tentative Tract Map 20512 (TTM No. 21-009), and Design Review No. 21-046; received testimony from any and all parties, including the staff report and attached supporting documents from the Planning Commission public hearing on July 5, 2022, as well as testimony from the project applicant and others; and WHEREAS, An Addendum and Mitigation, Monitoring, and Reporting Program (MMRP) to the Citrus Heights North Specific Plan PEIR (SCH NO. 2003111125) pursuant to Sections 15162 and 15164 of the California Environmental Quality Act (CEQA) Guidelines and Section 8.06 of the City of Fontana’s 2019 Local CEQA Guidelines; and WHEREAS, based on the information presented to the City Council at the public hearing held for Tentative Tract Map No. 20512 (TTM No. 21-009), and Design Review No. 21-046, the testimony received, and the supporting documents in evidence, the City Council found that the proposed project 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 Tract Map No. 20512 (TTM No. 21-009), and Design Review No. 21-046; have been prepared and are attached hereto as Exhibits “A and B” 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 Parcel Map. The City of Fontana City Council hereby makes the following findings for Tentative Tract Map No. 20512 (TTM No. 21-009) in accordance with Section 26-55(e) “Findings for approval” of the Fontana Zoning and Development Code:

Finding No. 1: The proposed map is consistent with the City’s General Plan and any applicable specific plan.

Findings of Fact: The Tentative Tract Map is a request for condominium units to be established on a lot that is approximately 9 acres. The project is proposed with detached residential units and is within the proposed density range of Planning Area 12 of the Citrus Heights North Specific Plan. The proposed lot would be consistent with the General Plan designation for the project site and the regulations of the Specific Plan. Specific Plan requirements will be required in relation to setbacks, landscaping, lot coverage, community entries, architecture and wall standards.

Finding No. 2: The design and improvements of the proposed tentative tract map is consistent with the General Plan and any applicable specific plan.

Findings of Fact: The design of the proposed project, as mentioned in Finding No. 1, above would be consistent with the General Plan. Street improvements including curb, gutter, and requirements of the Community Mobility and Circulation chapter of the General Plan, Subdivisions (Chapter 26), and the Zoning and Development Code (Chapter 30) have been met. This project is required to connect to the City’s sewer system. Additionally, the project has been reviewed by the Engineering Department and San Bernardino County Fire Department for safety and access.

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

Findings of Fact: The project size, shape, and topography are suitable for this type and density of development. The project site is approximately 9 acres and accommodates the proposed 85 detached residential units within Planning Area 12 of the Citrus Heights North Specific Plan. All street improvements will be constructed pursuant to applicable building, zoning, and fire code standards, as mentioned in Finding No. 2 above. Access to this proposed project site will be provided via Summit Avenue which is classified as a Secondary Highway according to the Citrus Heights North Specific Plan.

Finding No. 4: The design of the tentative tract map or the proposed improvements are not likely to cause substantial environmental damage or will not substantially and avoidably injure fish or wildlife or their habitat.

Findings of Fact: The design of the Tentative Tract Map and the proposed improvements as described in Finding No. 1 through Finding No. 3, complies with the Fontana City Code requirements, Conditions of Approval (referenced herein), and will not cause substantial environmental damage or substantially and avoidably injure fish, wildlife, or their habitat. A Notice of Determination has been prepared for the proposed project pursuant to Section 15162 and 15164 of the California Environmental Act (CEQA) and pursuant to Section 8.06 of the 2019 Local Guidelines for Implementing CEQA an Addendum to the Citrus Heights North Specific Plan Program Environmental Impact Report (SWIP PEIR) (State Clearinghouse [SCH] No. 2003111125). No new additional impacts beyond what was anticipated in the EIR mentioned above were identified and an addendum was prepared for the project.

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

Findings of Fact: The design of the subdivision as described in Finding No. 1 through Finding No. 4 above complies with the City of Fontana’s Municipal Code requirements. The improvements associated with the subdivision such as street, curb, gutter, and sidewalk will be constructed and have been designed as part of this project pursuant to the Zoning and Development Code and Fontana Municipal Code. Additional improvements such as water connection will be built pursuant to applicable building, zoning, and fire code standards; therefore, the project shall promote the public health, safety, and welfare of the surrounding community and will not cause public health problems. The project was reviewed by the Fontana Fire District and Building and Safety, and the appropriate conditions have been placed on the project.

Finding No. 6: The design of the tentative tract map or the types of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision.

Findings of Fact: The design of the tentative tract map and improvements will not conflict with any access easements acquired by the public. The proposed project site will be accessed from Summit Avenue. Currently there are no other public access easements through or within the proposed subdivision.

Section No. 2. The City of Fontana City Council hereby makes the following findings for Design Review No. 21-046 in accordance with Section No. 30-120 “Findings for approval” of the Fontana Zoning and Development Code:

Finding No. 1: This proposal meets or exceeds the criteria contained in Division 2 of the Zoning and Development Code and will result in an appropriate and desirable development.

Findings of Fact: The project, as proposed, is a request for approval for the site and architectural design for the proposed 85 detached residential units within Planning Area 12 of the Citrus Heights North Specific Plan. The units will range in size from 1,578 square feet for a three (3) bedroom unit and up to 1,801 square feet for a four (4) bedroom unit. The project meets or exceeds the criteria contained in the Design Review section of the Zoning and Development Code and the requirements of the Citrus Heights North Specific Plan with approval of the proposed amendments. These requirements include standards for setbacks, landscaping, lot coverage, community entries, architecture and wall standards. The proposed architecture designs are Progressive Traditional, Progressive Prairie and Modern Farmhouse and are consistent with the theme envisioned within Planning Area 12, resulting in a high-quality project desirable for the immediate community. The Design Review includes site and architectural review of an approximate 9-acre site. If approved, the density will be 9.4 units per acre which is under the twelve (12) units per acre limit of the amended specific plan. Additionally, 2.7 acres of open space are prosed including landscaping, private yards, a tot lot, bar-b-que area, park furniture, orange tree garden and cornhole games. Paseos are proposed with trees, shrubs and groundcover with broad spaces between buildings.

The project will be an appropriate and desirable development for the area. This project meets or exceeds the criteria contained in the Design Review section of the Fontana Zoning and Development Code and the Citrus Heights North Specific Plan.

Finding No. 2: The proposal is in its design and appearance is aesthetically and architecturally pleasing while enhancing the character of the surrounding neighborhood.

Findings of Fact: The proposed detached residential units reach a maximum height of twenty-six (26) feet and nine (9) inches. The architectural themes feature three designs including Progressive Traditional, Progressive Prairie and Modern Farmhouse. Each color style will reflect light earth tone warm colors. Architectural relief utilized for the proposed project consists of decorative window treatments, varied roof lines, architectural “pop-outs,” porches, pot shelves, and other features appropriate for the architecture. The use of a variety of colors, decorative shutters of a contrasting color and pot shelves on balconies will further add architectural diversity to each plan. All units are designed with concrete tile roofing material coordinated to match the color scheme of the project elevation. All Plans are proposed as two (2) story structures. Additionally, garage doors will incorporate varied door colors, windows and patterns appropriate for each plan. Landscaping is included to provide shade, screening and to beautify the site. The proposed architecture as described above is consistent with the requirements in the Citrus Heights North Specific Plan.

Finding No. 3: The site improvements are appropriate and will result in a safe, well-designed facility.

Findings of Fact: The proposed development complies with the proposed Citrus Heights North Specific Plan and Zoning and Development Code. The improvements include sewer and storm drain systems, site circulation, parking, landscaping, parks, lighting, driveways, sidewalks and decorative paving which are appropriate and will result in a well-designed residential community.

Finding No. 4: The proposal is consistent with the General Plan and applicable Specific Plan.

Findings of Fact: The General Plan land use designation of Residential Planned Community (R-PC) provides for a consistent blend of residential development and is intended to accommodate residential neighborhoods. The proposed project is within the Citrus Heights North Specific Plan and with the development of this project, the Citrus Heights North Specific Plan Area will have an average density of 5.5 dwelling units per acre which is below the 6.5 units per acre maximum of the R-PC district.

Finding No. 5: The proposal promotes the public health, safety, and welfare of the community.

Findings of Fact: The proposed project will result in the construction of eighty-five (85) detached units. All new improvements such as driveways, streets, sidewalks, drive aisles, and setbacks will comply with all applicable building, zoning, and fire codes and standards, and therefore, shall promote the public health, safety, and welfare of the surrounding community.

Section 3. The City Council has reviewed and considered the Addendum for Citrus Heights North Specific Plan PEIR (SCH NO. 2003111125), 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 Addendum 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 Addendum and Mitigation Monitoring and Reporting Program have been completed in compliance with the Local Guidelines for Implementing CEQA and the State CEQA Guidelines.

Section 4. Compliance with California Environmental Act. The City Council hereby adopts the Addendum of Citrus Heights North Specific Plan PEIR (SCH NO. 2003111125) for the proposed project. The City Council finds that the Addendum contains a complete and accurate reporting of all the environmental impacts associated with the project. The City Council further finds that the Addendum has been completed in compliance with Sections 15162 and 15164 of the California Environmental Quality Act (CEQA) Guidelines and Section 8.06 of the City of Fontana’s 2019 Local CEQA Guidelines.

Section 5. This Resolution shall take effect immediately after the City Council approval of Tentative Parcel Map 20512 (TPM No. 21-009), and Design Review No. 21-046, 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 6. Based on the foregoing, the City Council of the City of Fontana hereby approves Tentative Parcel Map 20512 (TPM No. 21-009), and Design Review No. 21-046 subject to the findings in Sections 1 through 6 herein and the attached Conditions of Approval, which are attached hereto as Exhibits “A and B” to this Resolution and incorporated herein by this reference.

Section 7. 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 26th day of July 2022.

READ AND APPROVED AS TO LEGAL FORM:

City Attorney
ATTEST:

I, Germaine McClellan Key, 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 July 26, 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
Exhibit “A”

CITY OF FONTANA

CONDITIONS OF APPROVAL
PROJECT: Master Case No. 21-124 DATE: July 26, 2022
Tentative Tract Map No. 20512
(TTM No. 21-009)
LOCATION: The project site is located on the northwest corner of Summit Avenue and Citrus Avenue (APNS: 1107-262-37) on approximately 9 acres.

PLANNING DEPARTMENT:

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:

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

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 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 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.

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 Sections 30-23 of the Fontana City Code.

This tentative tract map shall comply with all applicable development standards of Chapter 26 (Subdivisions), Chapter 30 (Zoning and Development) of the Municipal Codes of the City of Fontana and the Subdivision Map Act.

The Applicant shall underground all utilities, which for the purpose of this condition shall also include all boxes, structures and/or other equipment located in the public right-of-way, any public utility easement(s) and on any private property, to the satisfaction of the Director of Community Development. A note to this effect shall be placed on the map prior to recordation of the final map.

This Tentative Tract Map shall become null and void two (2) years from the date of approval as outlined by Section 26-58 of the Municipal Code, 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 Department inspection, has commenced within this period.

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

After the fifteen (15) day appeal period, the Applicant shall remove the notice of Filing sign from the project site. The Applicant may request a refund of the $300 sign deposit. The request shall be submitted to the Planning Department.

The Applicant/developer shall comply with the mitigation measures identified in the Mitigation Monitoring and Reporting Program of the Addendum for the Citrus Heights North Specific Plan EIR as approved by the City Council on July 26, 2022.

Prior to Issuance of Building /Construction Permits
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 all the final building and grading plans prior to issuance of any building or grading permits.

Historic Archaeological Resources
Upon discovery of any tribal cultural or archaeological resources, cease construction activities in the immediate vicinity of the find until the find can be assessed. All tribal cultural and archaeological resources unearthed by project construction activities shall be evaluated by the qualified archaeologist and tribal monitor/consultant. If the resources are Native American in origin, interested Tribes (as a result of correspondence with area Tribes) shall coordinate with the landowner regarding treatment and curation of these resources. Typically, the Tribe will request preservation in place or recovery for educational purposes. Work may continue on other parts of the project while evaluation takes place.

Preservation in place shall be the preferred manner of treatment. If preservation in place is not feasible, treatment may include implementation of archaeological data recovery excavation to remove the resource along the subsequent laboratory processing and analysis. All Tribal Cultural Resources shall be returned to the Tribe. Any historic archaeological material that is not Native American in origin shall be curated at a public, non-profit institution with a research interest in the materials, if such an institution agrees to accept the material. If no institution accepts the archaeological material, they shall be offered to the Tribe or a local school or historical society in the area for educational purposes.

Archaeological and Native American monitoring and excavation during construction projects shall be consistent with current professional standards. All feasible care to avoid any unnecessary disturbance, physical modification, or separation of human remains and associated funerary objects shall be taken. Principal personnel shall meet the Secretary of the Interior standards for archaeology and have a minimum of 10 years’ experience as a principal investigator working with Native American archaeological sites in southern California. The Qualified Archaeologist shall ensure that all other personnel are appropriately trained and qualified.

The construction contractor will use the following source controls at all times:

Construction shall be limited to 7:00 am to 6:00 pm on weekdays, 8:00 am to 5:00 pm on Saturdays, and no construction on Sundays and Holidays unless it is approved by the building inspector for cases that are considered urgently necessary as defined in Section 18-63(7) of the Municipal Code.

For all noise-producing equipment, use types and models that have the lowest horsepower and the lowest noise generating potential practical for their intended use.

The construction contractor will ensure that all construction equipment, fixed or mobile, is properly operating (tuned-up) and lubricated, and that mufflers are working adequately.

Have only necessary equipment onsite.

Use manually adjustable or ambient-sensitive backup alarms. When working adjacent to residential use(s), the construction contractor will also use the following path controls, except where not physically feasible, when necessary:

Install portable noise barriers, including solid structures and noise blankets, between the active noise sources and the nearest noise receivers.

Temporarily enclose localized and stationary noise sources.

Required Conditions Per SB-18 Consultation
Tribes shall be contacted, as detailed in condition 11, of any pre-contact and/or historic-era cultural resources which are related or bear significance to their tribe are discovered during project implementation. Each relevant tribe shall be provided information regarding the nature of the find, so as to provide tribal input with regards to significance and treatment. Should the find be deemed significant, as defined by CEQA (as amended, 2015), a cultural resource Monitoring and Treatment Plan shall be created by the archaeologist, in coordination with the appropriate tribe, and all subsequent finds shall be subject to this Plan. This Plan shall allow for a monitor to be present that represents the appropriate tribe for the remainder of the project, should the tribe elect to place a monitor on-site.Tribes shall be contacted, as detailed in CR-1, if any pre-contact and/or historic-era cultural resources which are related or bear significance to their tribe are discovered during project implementation. Each relevant tribe shall be provided information regarding the nature of the find, so as to provide tribal input with regards to significance and treatment. Should the find be deemed significant, as defined by CEQA, a cultural resources Monitoring and Treatment Plan shall be created by the archaeologist, in coordination with the appropriate tribe, and all subsequent finds shall be subject to this Plan. This Plan shall allow for a monitor to be present that represents the appropriate tribe for the remainder of the project, should the tribe elect to place a monitor on-site.

Any and all archaeological/cultural documents created as a part of the project (isolate records, site records, survey reports, testing reports, etc.) shall be supplied to the Applicant and Lead Agency for dissemination to the appropriate tribe. The Lead Agency and/or Applicant shall, in good faith, consult with the appropriate tribe throughout the life of the project. Any and all archaeological/cultural documents created as a part of the project (isolate records, site records, survey reports, testing reports, etc.) shall be supplied to the Applicant and Lead Agency for dissemination to the appropriate tribe. The Lead Agency and/or Applicant shall, in good faith, consult with the appropriate tribe throughout the life of the project.

Retain a Native American Monitor Prior to Commencement of Ground-Disturbing Activities.

The project applicant/lead agency shall retain a Native American monitor from (or approved by) the Consulting Tribes (the “Tribe”). The monitor shall be retained prior to the commencement of any “ground-disturbing activity” for the subject project, at all project locations (i.e., both on-site and any off-site locations that are included in the project description/definition and/or required in connection with the project, such as public improvement work). “Ground-disturbing activity” includes, but is not limited to, pavement removal, potholing, auguring, grubbing, tree removal, boring, grading, excavation, drilling, and trenching.

A copy of the executed monitoring agreement shall be provided to the lead agency prior to the earlier of the commencement of any ground-disturbing activity for the project, or the issuance of any permit necessary to commence a ground-disturbing activity.

The monitor will complete daily monitoring logs that will provide descriptions of the relevant ground-disturbing activities, the type of construction activities performed, locations of ground-disturbing activities, soil types, cultural-related materials, and any other facts, conditions, materials, or discoveries of significance to the Tribe. Monitor logs will identify and describe any discovered TCRs, including but not limited to, Native American cultural and historical artifacts, remains, places of significance, etc., (collectively, tribal cultural resources, or “TCR”), as well as any discovered Native American (ancestral) human remains and burial goods. Copies of monitor logs will be provided to the project Applicant/lead agency upon written request to the Tribe.

On-site tribal monitoring shall conclude upon the latter of the following (1) written confirmation to the Tribe from a designated point of contact for the project Applicant/lead agency that all ground-disturbing activities and phases that may involve ground-disturbing activities on the project site or in connection with the project are complete; or (2) a determination and written notification by the Tribe to the project Applicant/lead agency that no future, planned construction activity and/or development/construction phase at the project site possesses the potential to impact Tribe TCRs.

Upon discovery of any TCRs, all construction activities in the immediate vicinity of the discovery shall cease) i.e.., not less than the surrounding 50 feet) and shall not resume until the discovered TCR has been fully assessed by the Tribe monitor and/or archeologist. The Tribe will recover and retain all discovered TCRs in the form and/pr manner the Tribe deems appropriate.

Discovery of TCRs, Human Remains, and/or Grave Goods.

Upon the discovery of a TCR, all construction activities in the immediate vicinity of the discovery (i.e., not less than the surrounding 50 feet) shall cease. The Consulting Tribe, Gabrieleño Band of Mission Indians – Kizh Nation and San Manuel Band of Mission Indians (SMBMI) shall be immediately informed of the discovery. An archaeologist that meets Secretary of Interior Professional Qualifications, a Kizh monitor and/or Kizh archaeologist, and an SMBMI CRM staff member will promptly report to the location of the discovery to evaluate the TCR and advise the project manager regarding the matter, protocol, and any mitigating requirements. No project construction activities shall resume in the surrounding 50 feet of the discovered TCR unless and until the Consulting Tribes and archaeologist have completed their assessment/evaluation/treatment of the discovered TCR and surveyed the surrounding area. Treatment protocols outlined in TCR-3 shall be followed for all discoveries that do not include human remains.

If Native American human remains and/or grave goods are discovered or recognized on the project site or at any off-site project location, then all construction activities shall immediately cease. Native American “human remains” are defined to include “an inhumation or cremation, and in any state of decomposition or skeletal completeness.” (Pub. Res. Code § 5097.98 (d)(1).) Funerary objects, referred to as “associated grave goods,” shall be treated in the same manner and with the same dignity and respect as human remains. (Pub. Res. Code § 5097.98 (a), d)(1) and (2).) Any discoveries of human skeletal material or human remains shall be immediately reported to the County Coroner (Health & Safety Code § 7050.5(c); 14 Cal. Code Regs. § 15064.5(e)(1)(B)), and all ground-disturbing project ground-disturbing activities on-site and in any other area where the presence of human remains and/or grave goods are suspected to be present, shall immediately halt and remain halted until the coroner has determined the nature of the remains. (14 Cal. Code Regs. § 15064.5(e).) If the coroner recognizes the human remains to be those of a Native American or has reason to believe they are Native American, he or she shall contact, within 24 hours, the Native American Heritage Commission (NAHC), and Public Resources Code Section 5097.98 shall be followed, which includes the NAHC identifying the “Most Likely Descendant” (MLD). The landowner and MLD will then discuss appropriate treatment of the human remains.

Construction activities may resume in other parts of the project site at a minimum of 200 feet away from discovered human remains and/or grave goods, if the MLD determines in its sole discretion that resuming construction activities at that distance is acceptable and provides the project manager express consent of that determination (along with any other mitigation measures the Tribal representatives and/or archaeologist deems necessary). (14 Cal. Code Regs. § 15064.5(f).) Preservation in place (i.e., avoidance) is the preferred manner of treatment for discovered human remains and/or grave goods.

Any discovery of human remains and/or grave goods discovered and/or recovered shall be kept confidential to prevent further disturbance.

Procedures for Burials and Funerary Remains:

In accordance with California Health and Safety Code Section 7050.5, if human remains are found, the County Coroner shall be notified within 24 hours of the discovery. The project lead/foreman shall designate an Environmentally Sensitive Area (ESA) physical demarcation/barrier 100 feet around the resource and no further excavation or disturbance of the site shall occur while the County Coroner makes his/her assessment regarding the nature of the remains. If the remains are determined to be Native American, the coroner shall notify the Native American Heritage Commission (NAHC) in Sacramento within 24 hours. In accordance with Public Resources Code Section 5097.98, the NAHC must immediately notify those persons it believes to be the most likely descendant (MLD) from the deceased Native American. The MLD shall complete their inspection within 48 hours of being granted access to the site. The designated Native American representative will then determine, in consultation with the property owner, the disposition of the human remains.

Reburial of human remains and/or funerary objects (those artifacts associated with any human remains or funerary rites) shall be accomplished in compliance with the California Public Resources Code Section 5097.98 (a) and (b). The MLD in consultation with the landowner, shall make the final discretionary determination regarding the appropriate disposition and treatment of human remains and funerary objects. All parties are aware that the MLD may wish to rebury the human remains and associated funerary objects on or near the site of their discovery, in an area that shall not be subject to future subsurface disturbances. The applicant/developer/landowner should accommodate on-site reburial in a location mutually agreed upon by the Parties. It is understood by all Parties that unless otherwise required by law, the site of any reburial of Native American human remains or cultural artifacts shall not be disclosed and shall not be governed by public disclosure requirements of the California Public Records Act. The Coroner, parties, and Lead Agencies, will be asked to withhold public disclosure information related to such reburial, pursuant to the specific exemption set forth in California Government Code § 6254 (r).

Where consistent with applicable local, State, and federal law and deemed appropriate by the City, future site-specific development projects shall consider the following request by the Soboba Band of Luiseno Indians and Morongo band of Mission Indians in the event Native American cultural resources are discovered during construction:

All work in the immediate vicinity of the find shall cease and a qualified archaeologist meeting Secretary of Interior standards (“archaeologist”) shall be hired to assess the find. Work on the overall project may continue during this period; Initiate consultation between the appropriate Native American tribal entity (as determined by the archaeologist) and the project Applicant; and Transfer cultural resources investigations to the appropriate Native American entity (as determined by the archaeologist) as soon as possible.

BUILDING AND SAFETY DIVISION:

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

California Building Code
California Residential Code
California Electrical Code
California Mechanical Code
California Plumbing Code
California Energy Code
California Fire Code
California Green Building Standards Code
The Applicant shall install an automatic fire suppression system, which is required in all new construction per Fontana City Code, Chapter 11 Article II. 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.

The Applicant shall verify that any temporary building, trailer, commercial coach, etc. installed and/or used in connection with a construction project complies with Fontana City Code, Chapter 5 Article XIV.

The Applicant shall verify that all perimeter/boundary walls are 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.

The Applicant shall have the tract or parcel map recorded prior to the issuance of any building permits.

The Applicant shall comply with the following grading requirements:

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.

All drainage water shall drain via approved methods, to an approved location – public street, public drainage system, etc.

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

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

No water course or natural drainage shall be obstructed.

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.

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

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 onsite drainage system shall, as a minimum, be designed to handle the runoff generated by a ten (10) year storm. Check for flooding of all onsite structures (buildings) and all adjacent properties during a hundred (100) year storm.

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

The relationship between the proposed finished onsite grade elevations and the existing adjacent property grade elevations (Indicate any additional drainage water that may come from an adjacent property.); and The ground cover/finished surface material being proposed (e.g., type of pavement, plant material, etc.); and All proposed drainage structures; and
Any proposed and/or required walls or fencing.

The Applicant shall verify that 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
The following items shall be completed and/or submitted to Building & Safety – as applicable – prior to the issuance of building permits for this project:

Precise grading plans shall be approved
Rough grading completed
Compaction certification
Pad elevation certification
Rough grade inspection signed off by a City Building Inspector ENGINEERING:

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 designed and constructed in accordance with master sanitary sewer plan or as approved by the City Engineer.

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 on-site and off-site utilities is required by Section 27-52 of the Fontana City Code and in accordance with plans and specifications approved by the City Engineer.

Applicant shall maintain all improvements and utilities within the public right-of-way, including street sweeping, prior to final acceptance by the City.

PRIOR TO ISSUANCE OF GRADING PERMIT
Applicant shall submit and gain approval of a complete Water Quality Management Plan Report in accordance with the County of San Bernardino Technical Guidance Document and latest template.

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

Applicant shall record Community Facility District (CFD) map as required for the development.

PRIOR TO ISSUANCE OF CONSTRUCTION PERMITS
The Applicant shall record All map’s, lot line adjustments, right-of-way dedications, easements, reciprocal access agreement as required for the development.

The Applicant shall submit engineered improvement plans and obtain full approval. All required public improvements, including but not limited to 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 Final Acceptance of Project
Applicants shall install a standard bus shelter along Summit Avenue, north of Summit Avenue and west of Citrus Avenue as required by the City Engineer.

The Applicant/Engineer to provide the City of Fontana with As Built/Record Drawings for all public improvement plans.

The 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.

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

The 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).

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. 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.

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

SAN BERNARDINO COUNTY FIRE DEPARTMENT:

Jurisdiction. The above referenced project is under the jurisdiction of the Fontana Fire Protection District as served by the San Bernardino County Fire Department (herein “Fire Department”). Prior to any construction occurring on any parcel, the Applicant shall 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.

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 & SBCoFD Standard A-1 Turnaround. An approved turnaround shall be provided at the end of each roadway one hundred and fifty (150) feet or more in length. Cul-de-sac length shall not exceed six hundred (600) feet; all roadways shall not exceed a 12 % grade and have a minimum of nineteen (19) foot inside radius and a forty-five (45) foot outside radius for all turns. California Fire Code & SBCoFD Standard A-1 Street Signs. Approved temporary or permanent street signs shall be installed throughout the project prior any combustible materials being placed on the construction site. California Fire Code & SBCoFD Standards A-2.

Fire Lanes. The Applicant shall submit a site plan to the Fire Department for review and approval of 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. SBCoFD Standards A-2.

Water System Residential. Prior to map recordation, 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 six hundred (600) feet as measured along vehicular travel-ways. California Fire Code & SBCoFD Standards W-2.

The Fire Flow for this project shall be: 1,500 GPM for a two (2) hour duration at 20 psi residual operating pressure. Fire Flow is based on a 2000 sq.ft. structure.

Hydrant Marking. Blue reflective pavement markers indicating fire hydrant locations shall be installed as specified by the Fire Department. SBCoFD Standard W-2.

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 jobsite.

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 & SBCoFD Standard W-1, W-2, & W-3 Combustible Native Vegetation. Combustible native vegetation shall be removed as follows: Where the average slope of the site is less than 15%, combustible vegetation shall be removed a minimum distance of thirty (30) feet from all structures or to the property line, whichever is less. Where the average slope of the site is 15% or greater, combustible vegetation shall be removed a minimum one hundred (100) feet from all structures or to the property line, whichever is less.

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

Residential Addressing. The street address shall be installed on the building with numbers that are a minimum of four (4) inches in height and with a one half (½) inch stroke. The address shall be visible from the street. During the hours of darkness, the numbers shall be internally and electrically illuminated with a low voltage power source. Numbers shall contrast with their background and be legible from the street. Where the building is fifty (50) feet or more from the roadway, additional contrasting four (4) inch numbers shall be displayed at the property access entrances. California Fire Code sec. 505 & SBCoFD Standard B-1 Illuminated Site Diagram. The Applicant shall submit for review and approval a site diagram plan to the Fire Department. The Applicant shall install at each entrance to a multi-family complex an illuminated diagrammatic representation of the complex, which shows the location of each unit and each fire hydrant. SBCFD Standard 505.1 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 Security Gates. In commercial, industrial and multi-family complexes, all swing gates shall have an approved fire department Knox Lock. Where an automatic electric security gate is used, an approved Fire Department override switch is required. SBCoFD Standard A-4 Secondary Access. The development shall have a minimum of two (2) points of vehicular access during each phase of construction for fire and emergency access purposes and for evacuation routes and for permanent ingress/egress when site is completed. SBCoFD Standard A-1.

Spark Arrestor. An approved spark arrestor is required. Every chimney that is used in conjunction with any fireplace or any heating appliance in which solid or liquid fuel are used, shall have an approved spark arrestor visible from the ground that is maintained in conformance with Fire Department requirements. California Building Code sec. 2082.

PUBLIC WORKS DEPARTMENT:

All landscape and irrigation plans shall comply with the City of Fontana Standard Specifications.

Provide a Community Facilities District (“CFD”) exhibit showing all proposed letter lots, Landscape Medians, Water Quality Management Plans, and any existing and proposed street lights.

Maintain Intersection Sight Distance for all intersections (City Standard Drawing 140) taking into account plant height, elevation changes, monument walls, garden and retaining walls. Accumulative height shall not exceed thirty (30) inches.

All landscape and irrigation design shall incorporate drought tolerant plant materials and water efficient irrigation systems. (Ordinance #1087) Article IV Sec. 28-91 Fontana City Code and AB 1881Ordinance.

City Landscape Inspector is responsible for streetscape inspections and final recommendation for acceptance of all Landscape areas and parks.

Street trees are required to be planted in accordance with city standards. Species to be selected by Landscape Architect and approved by Landscape Development and Parks and Landscape Department.

Walls with in the landscape areas or park areas shall be coated with Victrocem anti-graffiti coating or as directed by city staff during plan check.

Parks shall be design with the input of the Parks and landscape Department. Parks shall be design per the Public Works Park Design Standards.

The developer shall submit to the Parks and Landscape Department the following for plan check:

Landscape Submittal Form (completely filled out).

Two (2) complete sets of planting and irrigation plans, details and specifications.

Conceptual Landscape Design Plan as approved by the Development Advisory Board and/or Planning Commission.

Two (2) sets of Cost Estimates.

CFD quantity estimate form.

One (1) set of the Conditions of Approval from D.A.B and/or the Planning Commission Water Conservation Landscape Package if applicable
(Landscape and Construction must be approved prior to issuance of building/construction permits) A landscape plan and installation schedule in accordance with City Guidelines and Specifications for all areas between any curb and right of way line or perimeter wall shall be submitted to and approved by the City. The plans shall show that safe sight distance standards are met and indicate topographical information, plant species, sizes and location, and also show the related irrigation system/controls and water meter service points.

END OF CONDITIONS
Exhibit “B”

CITY OF FONTANA

CONDITIONS OF APPROVAL
PROJECT: Master Case No. 21-124 DATE: July 26, 2022 Design Review No. 21-046
LOCATION: The project site is located on the northwest corner of Summit Avenue and Citrus Avenue (APNS: 1107-262-37) on approximately 9 acres.

PLANNING DEPARTMENT:

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:

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.

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.

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 Planning or his/her designee. Major structural and aesthetic changes exceeding the codified parameters of administrative policy shall be presented to the Planning Commission for approval. Changes made without approval as stated herein, will prevent the occupancy of the structure until corrections are approved in writing by all appropriate staff.

The Director of Planning, or his/her designee, shall have the authority for minor architectural changes focusing on items such as window treatments, color combinations, façade treatments, and architectural relief. Questions on the interpretation of this provision or changes not clearly within the scope of this provision shall be submitted to the Planning Commission for consideration under a Revision to the Design Review.

Any foam treatment used for architecture treatments and/or projections located on the first floor (under 14 feet) shall be covered with concrete or similar durable material a minimum of ½ inch thick, or as determined by the Director of Planning.

If solar panel systems are installed on the roof of any residential structure, the installation shall be on top or above the approved roof tile. If a solar panel system is flush-mounted to the roof, matching roof tiles shall be replaced immediately upon removal of the solar panels.

The developer shall provide clustered and/or individual mail box(es) for the delivery of mail to future residents of the development in a convenient location and is well-lit. The mail box shall not block the line of sight. The mail boxes shall be made of durable material and shall be installed in a manner that is resistant to vandalism and meets the requirements of the Post Office. The developer is responsible for contacting the Post Office for the type and location of the mail boxes within their development. Any replacements of the mail boxes subsequent to the original installation shall be the responsibility of the developer, each individual homeowner and/or the homeowners association, and the Post Office.

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 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.

The construction contractor will use the following source controls at all times:

For all noise-producing equipment, use types and models that have the lowest horsepower and the lowest noise generating potential practical for their intended use.

The construction contractor will ensure that all construction equipment, fixed or mobile, is properly operating (tuned-up) and lubricated, and that mufflers are working adequately.

Have only necessary equipment onsite.

Install portable noise barriers, including solid structures and noise blankets, between the active noise sources and the nearest noise receivers.

Temporarily enclose localized and stationary noise sources.

The development shall maintain an active Homeowner’s Association (“HOA”) at all times. The City shall be a third party to the H.O.A. in the event the development cannot maintain said H.O.A. A property management company is strongly recommended to manage the site appropriately.

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

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 Materials Management Plan and Industrial Wastewater/Discharge requirements.

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

All built-in gas barbeques shall be installed with safety locks to the satisfaction of the Director of Planning.

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

Graffiti and unauthorized markings on any wall, sign, or structure must be removed within twenty-four (24) hours.

All landscaping must be adequately maintained at all times.

All masonry block walls shall be a minimum of six (6) ft. tall with a prefabricated cap when fronting the public right of way.

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

All unit garage doors shall include vertical or horizontal windows.

Adequate visual screening shall be provided adjacent to the interior lots to the north and west of the project site and shall be provided by the developer. Screening shall be provided by a combination of trees, block wall or screening methods to the satisfaction of the Director of Planning.

Required Conditions Per SB-18 Consultation
Tribes shall be contacted, as detailed in condition 12, of any pre-contact and/or historic-era cultural resources which are related or bear significance to their tribe are discovered during project implementation. Each relevant tribe shall be provided information regarding the nature of the find, so as to provide tribal input with regards to significance and treatment. Should the find be deemed significant, as defined by CEQA (as amended, 2015), a cultural resource Monitoring and Treatment Plan shall be created by the archaeologist, in coordination with the appropriate tribe, and all subsequent finds shall be subject to this Plan. This Plan shall allow for a monitor to be present that represents the appropriate tribe for the remainder of the project, should the tribe elect to place a monitor on-site. Tribes shall be contacted, as detailed in CR-1, if any pre-contact and/or historic-era cultural resources which are related or bear significance to their tribe are discovered during project implementation. Each relevant tribe shall be provided information regarding the nature of the find, so as to provide tribal input with regards to significance and treatment. Should the find be deemed significant, as defined by CEQA, a cultural resources Monitoring and Treatment Plan shall be created by the archaeologist, in coordination with the appropriate tribe, and all subsequent finds shall be subject to this Plan. This Plan shall allow for a monitor to be present that represents the appropriate tribe for the remainder of the project, should the tribe elect to place a monitor on-site.

Retain a Native American Monitor Prior to Commencement of Ground-Disturbing Activities.

The project Applicant/lead agency shall retain a Native American monitor from (or approved by) the Consulting Tribes (the “Tribe”). The monitor shall be retained prior to the commencement of any “ground-disturbing activity” for the subject project, at all project locations (i.e., both on-site and any off-site locations that are included in the project description/definition and/or required in connection with the project, such as public improvement work). “Ground-disturbing activity” includes, but is not limited to, pavement removal, potholing, auguring, grubbing, tree removal, boring, grading, excavation, drilling, and trenching.

The monitor will complete daily monitoring logs that will provide descriptions of the relevant ground-disturbing activities, the type of construction activities performed, locations of ground-disturbing activities, soil types, cultural-related materials, and any other facts, conditions, materials, or discoveries of significance to the Tribe. Monitor logs will identify and describe any discovered tribal cultural resources, including but not limited to, Native American cultural and historical artifacts, remains, places of significance, etc., (collectively, tribal cultural resources, or “TCR”), as well as any discovered Native American (ancestral) human remains and burial goods. Copies of monitor logs will be provided to the project Applicant/lead agency upon written request to the Tribe.

Upon discovery of any TCRs, all construction activities in the immediate vicinity of the discovery shall cease )i.e.., not less than the surrounding 50 feet) and shall not resume until the discovered TCR has been fully assessed by the Tribe monitor and/or archeologist. The Tribe will recover and retain all discovered TCRs in the form and/or manner the Tribe deems appropriate.

Discovery of TCRs, Human Remains, and/or Grave Goods.

Any discovery of human remains and/or grave goods discovered and/or recovered shall be kept confidential to prevent further disturbance.

Procedures for Burials and Funerary Remains:

Prior To Building Permit Issuance
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.

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 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 7:00 am to 6:00 pm on weekdays, 8:00 am to 5:00 pm on Saturdays, and no construction on Sundays and Holidays.

The Applicant shall post the most recent City of Fontana General Plan map, size 24-inches by 36-inches, in all offices selling new homes in the subdivision, whether on-site or remote. The project site/tract boundary shall be clearly delineated on the General Plan map. Additionally, a 24-inch by 36-inch map showing the school district boundaries (for all districts in the City) shall be displayed. The General Plan information and school district boundaries may be included on the same map. The maps shall be clearly and prominently displayed and be visible to all persons entering the sales office.

The Applicant and/or property owner shall file a petition with the Fontana City Council requesting police enforcement of the California Vehicle Code and the Fontana City Code on the private streets of the development while the development is under a single ownership, or prior to Certificate of Occupancy of any dwelling unit.

If a digital video surveillance system is available 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.

A locator map or directory should be posted at the site entrances. The directory should be located on the site so as to be easily and quickly identified and free from visual obstruction. The directory should be illuminated from dusk until dawn. The directory should have vandal resistant glazing to minimize criminal damage and the structure should be weather resistant.

Adhere to the city light standard of one foot candle minimum of light for all entrances, exits, pedestrian walkways, parking lots and activity areas. Reflect all light fixtures on the site plan. The type of illumination shall be either florescent, metal halide or white light-emitting diode (LED), and the luminaries shall be vandal resistant. All luminaries shall remain lit from dusk until dawn. Provide a photometric layout under separate exhibit to ensure the minimum light standard is met.

BUILDING & SAFETY DIVISION:

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

California Building Code
California Residential Code
California Electrical Code
California Mechanical Code
California Plumbing Code
California Energy Code
California Fire Code
California Green Building Standards Code
The Applicant shall install an automatic fire suppression system, which is required in all new construction per Fontana City Code Chapter 11 Article II. 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.

The Applicant shall have the tract or parcel map recorded prior to the issuance of any building permits.

The Applicant shall comply with the following grading requirements:

All drainage water shall drain via approved methods, to an approved location – public street, public drainage system, etc.

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

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

No water course or natural drainage shall be obstructed.

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.

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

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

A complete accessibility plan will be required upon plan submittal.

Precise grading plans shall be approved
Rough grading completed
Compaction certification
Pad elevation certification
Rough grade inspection signed off by a City Building Inspector ENGINEERING:

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 on-site 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.

Applicant shall maintain all improvements and utilities within the public right-of-way, including street sweeping, prior to final acceptance by the City.

PRIOR TO ISSUANCE OF GRADING PERMIT
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.

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

Applicant shall record Community Facility District (CFD) map as required for the development.

Prior to Final Acceptance of Project
Applicants shall install a standard bus shelter along Summit Avenue, north of Summit Avenue and west of Citrus Avenue as required by the City Engineer.

The Applicant/Engineer to provide the City of Fontana with As Built/Record Drawings for all public improvement plans.

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

SAN BERNARDINO COUNTY FIRE DEPARTMENT:

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 shall 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.

The Fire Flow for this project shall be: 1,500 GPM for a 2 hour duration at 20 psi residual operating pressure. Fire Flow is based on a 2000 sq.ft. structure.

Hydrant Marking. Blue reflective pavement markers indicating fire hydrant locations shall be installed as specified by the Fire Department. SBCoFD Standard W-2.

PUBLIC WORKS DEPARTMENT:

All landscape and irrigation plans shall comply with the City of Fontana Standard Specifications.

Provide a CFD exhibit showing all proposed letter lots, Landscape Medians, WQMP and any existing and proposed street lights.

All landscape and irrigation design shall incorporate drought tolerant plant materials and water efficient irrigation systems. (Ordinance #1087) Article IV Sec. 28-91 F.C.C. and AB 1881Ordinance.

City Landscape Inspector is responsible for streetscape inspections and final recommendation for acceptance of all Landscape areas and parks.

Street trees are required to be planted in accordance with city standards. Species to be selected by Landscape Architect and approved by Landscape Development and Parks and Landscape Department.

Walls with in the landscape areas or park areas shall be coated with Victrocem anti-graffiti coating or as directed by city staff during plan check.

Parks shall be design with the input of the Parks and landscape Department. Parks shall be design per the Public Works Park Design Standards.

The developer shall submit to the Parks and Landscape Department the following for plan check:

Landscape Submittal Form (completely filled out).

Two (2) complete sets of planting and irrigation plans, details and specifications.

Conceptual Landscape Design Plan as approved by the Development Advisory Board and/or Planning Commission.

Two (2) sets of Cost Estimates.

CFD quantity estimate form.

One (1) set of the Conditions of Approval from D.A.B and/or the Planning Commission.

Water Conservation Landscape Package if applicable.
(Landscape and Construction must be approved prior to issuance of building/construction permits) A landscape plan and installation schedule in accordance with City Guidelines and Specifications for all areas between any curb and right of way line or perimeter wall shall be submitted to and approved by the City. The plans shall show that safe sight distance standards are met and indicate topographical information, plant species, sizes and location, and also show the related irrigation system/controls and water meter service points.

END OF CONDITIONS OF APPROVAL

Page 21 of 23 ends

ATTACHMENT NO. 3
Resolution No. 2022-_____

Fontana City CouncilJuly 26, 2022

Fontana City Council
July 26, 2022