Attachment No. 6 (Part 2 ) City Council Resolution GPA — Fontana City Council, July 26, 2022

RESOLUTION NO. 2022-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA ADOPTING THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING REPORTING PROGRAM pursuant to Section 15070 of the California Environmental Quality Act (CEQA) and Section 6.04 of the 2019 Local Guidelines for Implementing CEQA, APPROVING GENERAL PLAN AMENDMENT 21-009 (PART NO. 2 OF GENERAL PLAN AMENDMENT CYCLE 2 OF 2022) AMENDING THE GENERAL PLAN LAND USE DESIGNATION ON APPROXIMATELY 8.65 ADJUSTED GROSS ACRES FROM COMMUNITY COMMERCIAL (CC) TO MEDIUM DENSITY RESIDENTIAL (R-M), APPROVING TENTATIVE TRACT MAP NO. 20513 (TTM NO. 21-008) TO ESTABLISH 76 DETACHED RESIDENTIAL LOTS WITH ASSOCIATED LETTERED LOTS AND STREETS, AND APPROVING CONDITIONAL USE PERMIT NO. 21-022 AND DESIGN REVIEW NO. 21-047 FOR THE CONSTRUCTION OF 76 DETACHED “MOTORCOURT” (CLUSTER) RESIDENTIAL UNITS WITH ASSOCIATED AMENITIES AND SITE IMPROVEMENTS ON APPROXIMATELY 8.65 ACRES.

WHEREAS, the combined staff report includes three (3) general plan amendments associated with MCN21-040 (Sierra and Summit Industrial Project), MCN21-123 (Citrus/Summit East Project), and MCN20-099R1 (Ventana Specific Plan Project) as part of one motion to comply with state law; and WHEREAS, the City of Fontana General Plan was adopted by the City Council on November 13, 2018; and, WHEREAS, on January 4, 2022, the applicant submitted a request for a General Plan Amendment No. 21-009 to change the land use designation from Community-Commercial (C-C) to Medium Density Residential (R-M) on approximately 8.65 adjusted gross acres of a single parcel (APN: 0239-141-30) (see attached Exhibit “A”), a Tentative Tract Map No. 20513 (TTM No. 21-008), to allow 76 detached “motorcourt” (cluster) single-family units to be sold separately along with associated lettered lots and streets, a Conditional Use Permit to establish a Planned Unit Development and establish unique development standards for the project and Design Review Project No. 21-047 for the site review of a 76 detached “motorcourt” (cluster) single-family unit project with associated site improvements including landscaping, parking and amenities; and WHEREAS, all the notices required by statute and the Fontana City Code have been given as required; and WHEREAS, the subject site includes one parcel that was annexed from San Bernardino County into the City of Fontana on October 8, 1981; and WHEREAS, on July 5, 2022, the Planning Commission received public testimony and evidence presented by the applicant, City staff, and other interested parties, at the Public Hearing held with respect hereto on General Plan Amendment No. 21-009, Zoning Code Amendment No. 21-011, Tentative Tract Map No. 20513 (TTM No. 21-008), Conditional Use Permit No. 21-022 and Design Review No. 21-047, and recommended its approval to the City Council by Resolution No. 2022-026; and WHEREAS, on July 26, 2022, the City Council conducted a noticed public hearing on General Plan Amendment No. 21-009, Zoning Code Amendment No. 21-011, Tentative Tract Map No. 20513 (TTM No. 21-008), Conditional Use Permit No. 21-022 and Design Review No. 21-047 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, based on the information presented to the City Council at the public hearing held for General Plan Amendment No. 21-009 and Zoning Code Amendment No. 21-011 along with other entitlements referred herein, the testimony received, and the supporting documents in evidence, the City Council found that the proposed amendment and project is in conformance with the goals and policies of the General Plan as referred herein; and WHEREAS, all impacts of the project were fully examined and mitigated, therefore, the preparation of a Mitigated Negative Declaration was the appropriate CEQA document to support the City’s consideration of the project, as outlined in CEQA Guidelines §15130. The City Council finds that the Mitigated Negative Declaration contains a complete and accurate reporting of all the environmental impacts associated with the project and a Notice of Determination has been prepared for the City Council’s consideration; 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, Conditions of Approval have been prepared and are attached hereto as Exhibit “B” for Tentative Tract Map No. 20513 (TTM No. 21-008) and Exhibit “C” for Conditional Use Permit No. 21-022 and Design Review Project No. 21-047; and Section 1. The City of Fontana City Council hereby makes the following findings for General Plan Amendment No. 21-009 in accordance with Section 30-31 “Purpose” of the Fontana Zoning and Development Code:

Finding: The purpose and intent is to keep an updated General Plan to reflect the current desires and needs of the citizens for the long-term growth of the City.

Findings of Fact: The applicant is proposing to change the General Plan Land Use Designation of the site from Community Commercial (C-C) to Medium Density Residential (R-M). This would allow for the construction of 76 motorcourt (cluster) single-family residential units as the applicant is proposing. Currently, residents of Fontana and the Inland Empire are facing a housing shortage. The reclassification of this site from C-C to R-M for this project will allow residents the opportunity to purchase high quality single-family with Progressive architecture, amenities and landscaping.

Section 2. The City of Fontana City Council hereby makes the following findings for Tentative Tract Map No. 20513 (TTM No. 21-008) in accordance with Section 26-55 (e) “Findings for approval of tentative tract map” of the Fontana Subdivision Code:

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

Finding of Fact: Tentative Tract Map 20513 is a request to subdivide one existing parcel to develop a total of 76 detached motorcourt (cluster) units on approximately 8.65 adjusted gross acres. The Medium Density Residential (R-M) land use designation in the General Plan allows for the proposed development.

After the General Plan Amendment, Zone Change, and PUD development standards, the tentative tract map will comply with the Fontana City Code, the Subdivision Sections of the Code (Chapter 26) and Zoning and Development Code (Chapter 30). The tentative tract map is compatible with the surrounding residential land uses. The project site has a General Plan Land Use designation of Community Commercial. Therefore, applicant is proposing to amend the General Plan to Medium Density Residential (R-M), so it can be consistent with the proposed development. The R-M Land Use designation allows a density of up to 12 dwelling units per acre for single-family development project. The project is proposed with a density of 8.78 dwelling units per acre which is below the maximum 12.0 units per acre density allowed in the R-2 for the land use designation per the General Plan. Therefore, the proposed Tentative Tract Map 20513 is consistent with the City’s General Plan. Additionally, new utilities will be installed and the street meets the minimum width requirement of a short local street identified within the General Plan.

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

Finding of Fact: The design of the proposed subdivision, as mentioned in Finding No. 1, above is consistent with the General Plan. Street improvements including curb, gutter, and sidewalks conform to the requirements of the General Plan, Subdivisions (Chapter 26), the proposed PUD development standards, and the Zoning and Development Code (Chapter 30). 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.

Finding of Fact: The project site, shape, and topography is suitable for the proposed subdivision. The project site is approximately 8.65 gross acres and will accommodate the proposed 76 motorcourt (cluster) single-family residential homes which including curb, gutter, and sidewalks. The R MF Land Use designation allows a density of up to 12.0 dwelling units per acre. The project is proposed with a density of 8.78 dwelling unit per acre which is below the maximum 12.0 units per acre density allowed in the R-2 zoning district for detached single-family residential projects.

Finding No. 4: The design of the subdivision 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.

Finding of Fact: The design of the subdivision and the proposed improvements as described in Finding No. 1 through Finding No. 3 above complies with the Fontana City Code requirements, PUD development standards, conditions of approval (referenced herein), and will not have any impact on the environment or substantially and avoidably injury to fish, wildlife, or their habitat. Moreover, the site is not located within the boundaries of the potential sensitive habitats and the site is completely surrounded by development. Additionally, an Initial Study as referenced herein was completed for the proposed project and no impact was found to be significant and unavoidable. A Mitigated Negative Declaration has been prepared.

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

Finding of Fact: The design of the subdivision as described in Finding No. 1 through Finding No. 4 above complies with the FontanaCity Code requirements, PUD development standards, and the improvements associated with the subdivision such as street, curb, gutter, sidewalk are required to be constructed and have been designed as part of this project pursuant to the Zoning and Development Code and the Engineering Department requirements. Additional improvements such as water and sewer connection will be built pursuant to applicable building, zoning, and fire code standards; therefore, shall promote the public health, safety, and welfare of the surrounding community and will not cause public health problems.

Finding No. 6: The design of the subdivision 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.

Finding of Fact: The design of the subdivision and improvements will not conflict with any access easements acquired by the public. The proposed subdivision will have adequate access from Summit Avenue. Currently there are no other existing public access easements through or within the proposed subdivision boundaries.

Finding No. 7: The proposed subdivision is consistent with local ordinances certified by the State Board of Forestry and Fire Protection as meeting or exceeding the state regulations.

Findings of Fact: The proposed project is not located in the area identified in the State Cal-Fire very high fire hazard severity zone, however, this site has been identified in the local City adopted ordinance (Ordinance 2015-083) as part of the fire hazard overlay district (FHOD). The site will be built pursuant to all applicable building and fire codes standards, in addition to the Conditions of Approval as referenced herein. All requirements of Section. 30-301.30. (Fire Hazard Overlay District Regulations) shall apply.

Finding No. 8: The proposed project will have fire protection and suppression services available for the subdivision through the City.

Findings of Fact: The site will be built pursuant to all applicable building and fire codes standards, in addition to the Conditions of Approval as referenced herein. The project was reviewed by the Fontana Fire District and Building & Safety and the appropriate conditions have been placed on the project so the project will have fire protection and suppression services. All requirements of Section 30-301.30 (Fire Hazard Overlay District Regulations) shall also apply.

Section 3. The City of Fontana City Council hereby makes the following findings for a Conditional Use Permit in accordance with Section 30-150 “Findings for approval of a “conditional use permit” of the Fontana Subdivision 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, City Code, general plan, any applicable specific plan or area plan, and City regulations/standards.

Findings of Fact: The proposed project is amending the general plan land use designation from Community Commercial (CC) to Medium Density Residential (R-M) to make the project consistent with the proposed single-family residential development. The applicant is proposing a Conditional Use Permit application for the purpose of establishing a Planned Unit Development (PUD). The purpose of a PUD is to encourage creative and desirable livable communities that incorporate modern site plan techniques and building grouping and arrangements that would not necessarily be permitted with the strict application of the current Zoning and Development Code. The proposed development is consistent with the vision of the R-M General Plan Land Use Designation to develop a unique and desirable living environment for future residents.

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.

Findings of Fact: The site is proposed to be built pursuant to all applicable building and fire codes standards, access, and in addition to the Conditions of Approval as referenced herein. The project will have underground utilities, storm drains, sewer, curb, gutter, and sidewalk. Therefore, the site is physical suited for the type, density, and intensity for the proposed PUD. The project will meet all the PUD development standards.

Findings 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.

Findings of Fact: The site is proposed to be built pursuant to all applicable building and fire codes standards, access, and in addition to the Conditions of Approval as referenced herein. The project will provide residence an opportunity for a unique and modern living environment. The development is also consistent with the vision of the General Plan and therefore shall promote the public health, safety and welfare of the surrounding community. Therefore, the site is physical suited for the type, density, and intensity for the proposed use.

Section 4. The City of Fontana City Council hereby makes the following findings for a Conditional Use Permit for a Planned Unit Development in accordance with Section 30-331 “Findings for approval of a “planned unit development” of the Fontana Subdivision Code:

Finding No. 1: The proposed project conforms to the general plan and is consistent with the purposes and requirements of this division.

Findings of Fact: The applicant is proposing construct 76 motorcourt (cluster) single-family units and including five (5) amenities that are located throughout the project site. The property is located at the northeast corner of Summit Avenue and Citrus Avenue (APN 0239-141-30) on approximately 8.65 gross acres.

The applicant is proposing a Conditional Use Permit application for the purpose of establishing a Planned Unit Development (PUD). The purpose of a PUD is to encourage creative and desirable livable communities that incorporate modern site plan techniques and building grouping and arrangements that would not necessarily be permitted with the strict application of the current Zoning and Development Code. The proposed development is consistent with the vision of the General Plan to develop a unique and desirable living environment for future residents.

The development consists of a number of amenities including a large open lawn area (50’ x 20’) that ties the community together with other amenities such as tot-lot with multiple play equipment’s, spa and/or pool, and barbecues facilities with benches. Additionally, the project site will have four (4) pocket parks that has been designed to create a unique opportunity for the community activities adjacent to a group of homes. All of the amenities promote walkability and a sense of gathering throughout the project site as envisioned in the General Plan. Also, per the General Plan, the PUD is the instrument to process a Development Plan. A Development Plan provides specific planning and design proposal for a defined geographical area designed within the Medium Density Residential (R-2) zone. This Development Plan will create a sense of community and place for people to gather and connect with each other.

As described, this project meets the criteria contained in the design review section of the Fontana City Code. The project has high quality architectural design, appropriate screening from the public right-of-way and will be an appropriate and desirable development. The architectural theme for the motorcourt (cluster) units is described as Progressive Traditional, Modern Farmhouse, and Progressive Prairie. Each style will reflect light earth tone warm-colors (i.e. brown, tan, beige, etc.). There are twelve (12) color schemes provided for the project. Architectural relief utilized for the proposed homes consists of stone veneer, decorative window treatments, varied roof lines, architectural “pop-outs,” banding, porches, and other features appropriate to each theme. The use of a variety of colors and decorative shutters of a contrasting color will further add architectural diversity to each plan.

Finding No. 2: The uses within the project are compatible.

Findings of Fact: The proposal as indicated in Finding No. 1 has been designed to enhance and compliment the community with a multitude of amenities and to also be compatible with the surrounding neighborhood.

The PUD does not allow a greater density than is permitted by the proposed zone within which a project is developing. With this particular project, the applicant has provided a unique living environment with a density lower than the maximum permitted in the Detached Medium Density Residential (R-2) Zone for the detached single-family units. The detached single-family concept, as proposed, is a modern site design that has been successfully used for this unique type of project.

Additionally, the project has been designed in keeping with City of Fontana’s Crime Prevention Through Environmental Design (CPTED), the development has incorporated enhanced natural surveillance and reduced unwanted ‘dead zones’ within the project by moving certain landscaping, buildings and parking areas to deter places where potential loitering or other actions could occur. Along with that all the units will have a patio on various locations that will ultimately provide natural surveillance to the site. Security cameras and lighting have also been strategically located on the site for added security for residents.

All of the above-listed items will aid in making this a well-designed community that is both compatible throughout and desirable to future residents.

Finding No. 3: New buildings or structures related to the project are compatible with the scale, mass, bulk, and orientation of buildings and structures in the surrounding vicinity.

Findings of Fact: This project meets the criteria contained in the design review section of the Fontana City Code. The bulk and massing of the project are similar to permitted uses in the Medium Density Residential (R-2) zoning district. The project has high quality architectural design as referenced above in Finding No. 1, appropriate screening from the public right-of-way and will be an appropriate and desirable development for the surrounding area. The project as described, will have a high quality architecture and will be a nice addition to the neighborhood.

Finding No. 4: The project is consistent with any adopted design guidelines applicable to the project area.

Findings of Fact: The purpose of a PUD is to encourage creative and desirable livable communities that incorporate modern site plan techniques and building grouping and arrangements that would not necessarily be permitted with the strict application of the current Zoning and Development Code. As described, this project meets the criteria contained in the design review section of the Fontana City Code. The project has high quality architectural design as referenced in Finding No. 1, appropriate screening from the public right-of-way and will be an appropriate and desirable development.

The development will also consist of a number of amenities including a large open space, tot-lots, barbecue islands, picnic tables, community gardens, and other amenities that are desirable to the community. All of the amenities promote walkability and community throughout the project site as envisioned in the Fontana City Code.

Finding No. 5: The overall project reflects a high level of development and design quality that will enhance and benefit the City as a whole.

Findings of Fact: The architectural theme for the single-family residential units is described as Progressive Traditional, Modern Farmhouse, and Progressive Prairie. Each style will reflect light earth tone warm-colors (i.e. brown, tan, beige, etc.). There are twelve (12) color schemes provided for the project. Architectural relief utilized for the proposed homes consists of stone veneer, decorative window treatments, varied roof lines, architectural “pop-outs,” banding, porches, and other features appropriate to each theme. The use of a variety of colors and decorative shutters of a contrasting color will further add architectural diversity to each plan. All units are designed with concrete tile roofing material coordinated to match the color scheme of each elevation.

The purpose of a PUD is to encourage creative and desirable livable communities that incorporate modern site plan techniques and building grouping and arrangements that would not necessarily be permitted with the strict application of the current Development Code. The proposed development is consistent with the vision of the General Plan to develop a unique and desirable living environment for potential residents with the R-M Land Use designation associated with the Development Plan.

Finding No. 6: The proposed project will be served by adequate water, sewer, public utilities and services, and will have adequate vehicular and pedestrian access to insure that it will not be detrimental to the public health, safety, or welfare.

Findings of Fact: The proposed project will be adequately served for water, connected to sewer, and will have all the necessary utilities and services. The entire project was designed to be a walkable community and a place for people to gather and connect. The proposed project site will have pedestrian access from Summit Avenue.

The site is proposed to be built pursuant to all applicable building and fire codes standards, in addition to the Conditions of Approval as referenced herein. The project will provide residence an opportunity for a unique and modern living environment. The development is also consistent with the vision of the General Plan and therefore shall promote the public health, safety and welfare of the surrounding community.

Section 5. The City of Fontana City Council hereby makes the following findings for Design Review No. 21-047 in accordance with Section 30-120 “Findings for approval” of the Fontana Zoning and Development Code:

Finding No. 1: This proposal is consistent with the general plan, Zoning and Development Code and any applicable specific plan.

The project will comply with the City of Fontana’s General Plan. The site is compatible with the surrounding residential land uses to be developed in the future. With the General Plan Amendment, the project is consistent with the proposed General Plan Land Use designation for the project site. The project site has a General Plan Land Use designation of Community Commercial (C-C), however it will be amended to Medium Density Residential (R-M). The R-M Land Use designation allows a density of up to 12 dwelling units per acre for detached single-family unit project. The project is proposed with a density of 8.78 dwelling units per acre which is below the maximum 12.0 units per acre density allowed in the R-M for the land use designation per the General Plan. The project will have also include a Zone Change that will make the development site’s zoning designation consistent with the General Plan. Therefore, the proposed Tentative Tract Map 20513 is consistent with the City’s General Plan and Zoning and Development Code. New utilities will be installed and the street meets the minimum width requirement of a short local street identified within the General Plan.

Finding No. 2: This proposal meets or exceeds the criteria contained in Section 30-120 and will result in an appropriate, safe and desirable development promoting the public, health, safety, and welfare of the community.

Findings of Fact: The applicant is proposing construct 76 motorcourt (cluster) units including an open lawn area, picnic areas, seating areas, tot-lots, barbecue islands and other amenities located on the northeast corner of Summit Avenue and Citrus Avenue (APN 0239-141-30) on approximately 8.65 gross acres.

The project has been designed in keeping with City of Fontana’s Crime Prevention Through Environmental Design (CPTED), the development has incorporated enhanced natural surveillance and reduced unwanted ‘dead zones’ within the project by moving certain lawn areas, buildings and parking areas to deter places where potential loitering or other actions could occur. Along with that all the units will have an applicable number of windows on various locations that will ultimately provide natural surveillance to the site. Lighting has also been strategically located on the site for added security for residents.

The architectural theme for the condominium units is described as Progressive Traditional, Modern Farmhouse, and Progressive Prairie. Each style will reflect light earth tone warm-colors (i.e. brown, tan, beige, etc.). There are twelve (12) color schemes provided for the project. Architectural relief utilized for the proposed homes consists of stone veneer, decorative window treatments, varied roof lines, architectural “pop-outs,” banding, porches, and other features appropriate to each theme. The use of a variety of colors and decorative shutters of a contrasting color will further add architectural diversity to each plan. All units are designed with concrete tile roofing material coordinated to match the color scheme of each elevation. Additionally, elevations facing the drive aisles will also have attractive features adding to the street aesthetics. Enhanced elevations are also proposed on units facing Citrus Avenue, Summit Avenue, and Florentine Avenue. As described this project meets the criteria contained in the design review section of the Fontana City Code. The project has high quality architectural design, appropriate screening from the public right-of-way and will be an appropriate and desirable development.

The proposed motorcourts will be built pursuant to all applicable building and fire codes standards, in addition to the Conditions of Approval as referenced herein. The project will provide residence an opportunity for a unique and modern living environment. The development is also consistent with the vision of the General Plan and therefore shall promote the public health, safety and welfare of the surrounding community.

Finding No. 3: The proposal in its design and appearance is aesthetically and architecturally pleasing while enhancing the character of the surrounding neighborhood.

Findings of Fact: The proposal as indicated in Finding No. 1 has been designed to enhance and compliment the surrounding neighborhood. The architectural theme for the motorcourt (cluster) units is described as Progressive Traditional, Modern Farmhouse, and Progressive Prairie. Each style will reflect light earth tone warm-colors (i.e. brown, tan, beige, etc.). There are twelve (12) color schemes provided for the project. Architectural relief utilized for the proposed homes consists of stone veneer, decorative window treatments, varied roof lines, architectural “pop-outs,” banding, porches, and other features appropriate to each theme. The use of a variety of colors and decorative shutters of a contrasting color will further add architectural diversity to each plan. All units are designed with concrete tile roofing material coordinated to match the color scheme of each elevation. Additionally, elevations facing the drive aisles will also have attractive features adding to the street aesthetics. Enhanced elevations are also proposed on units facing Citrus Avenue, Summit Avenue, and Florentine Avenue.

Finding No. 4: The site improvements (building, parking, circulation, site and building lighting, and on-site landscaping) are appropriate and will result in a safe, well designed facility.

Findings of Fact: The site improvements have been reviewed by the Fire, Engineering and Police Departments. During the project review process, changes were made to the plans to ensure that the project is a well-designed project. Improvements with the project include street widening, sidewalks, curb and gutter, drainage, and grading. Additionally, the proposed improvements will be sufficient to accommodate the project and will include improvements along the street frontage along Citrus Avenue, Summit Avenue, and Florentine Avenue. Street lighting and on-site lighting have been included to provide ample visibility at night. Landscaping has been incorporated to create an attractive atmosphere along adjacent parcels.

NOW, THEREFORE, the City Council RESOLVES as follows:

Section 6. Compliance with California Environmental Quality Act. The City Council hereby adopts the Mitigated Negative Declaration for the proposed project. The City Council finds that the 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 7. Based on the foregoing, the City Council of the City of Fontana hereby approves General Plan Amendment No. 21-009 attached as Exhibit “A” to this Resolution and incorporated herein by this reference.

Section 8. Based on the foregoing, the City Council of the City of Fontana hereby approves Tentative Tract Map No. 20513, (TTM No. 21-008) subject to the Conditions of Approval, which are attached hereto as Exhibit “B”.

Section 9 Based on the foregoing, the City Council of the City of Fontana hereby approves Conditional Use Permit No. 21-022 and Design Review No. 21-047 subject to the Conditions of Approval, which are attached hereto as Exhibit “C” to this Resolution and incorporated herein by this reference.

Section 10. 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 AND ADOPTED 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 the 26th day of July 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”
PROPOSED GENERAL PLAN LAND USE DESIGNATION – MEDIUM DENSITY RESIDENTIAL (R-M)

R-MR-MR-PCR-PCR-MR-M
R-M
R-M
R-PC
R-PC
R-M
R-M
Project SiteProject Site
Project Site
Project Site
Exhibit “B”

CITY OF FONTANA

CONDITIONS OF APPROVAL
PROJECT: Master Case No. (MCN) 21-123 DATE: July 26, 2022 Tentative Tract Map No. 20513 (TTM No. 21-008)
LOCATION: The project site is located on the northeast corner of Summit Avenue and Citrus Avenue (APN 0239-141-30) on approximately 8.65 gross acres.

PLANNING DEPARTMENT:

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.

This tentative tract map shall comply with all applicable development standards of Chapter 26 (Subdivisions) and Chapter 30 (Zoning and Development) of the City Code 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, 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.

There shall be no combination wall over three (3) feet retaining wall and six (6) feet freestanding; the maximum height of any combination shall not exceed nine (9) feet.

Solid masonry walls of a minimum of six feet in height measured from finished grade shall have a decorative cap and shall be required at the perimeter of the project site.

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 30-30 and 30-31 of the Fontana City Code.

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.

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
Automatic fire suppression systems shall be installed in all new construction per Article II, Chapter 11 of the City 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.

The requirements of the Department of Environmental Health Services and 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.

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

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.

All lot lines, easement lines, etc. shall be located and/or relocated in such a manner as to not cause any existing structure to become nonconforming with the requirements of the latest adopted edition of the Building Code, or any other applicable law, ordinance, or code.

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

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.

All signs shall be Underwriters Laboratories approved (or equal).

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

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 Provide circulation path ways throughout the community.

Provide trash enclosure areas unless individual trash cans are being used.

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 City Code and in accordance with plans and specifications approved by the City Engineer.

The applicant shall maintain all improvements and utilities within the public right-of-way, including street sweeping, prior to issuance of final certificate of occupancy by the City.

All on-site streets, alleys, street lights, sewer facilities, storm drain facilities, landscaping, open space areas, walls, gates and Water Quality Management Plan (WQMP) system within the tract shall be privately maintained.

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 securities. The agreement shall be executed on City-provided forms.

The applicant shall record all map’s, right-of-way dedications, easements, reciprocal access agreement as required for the development.

PRIOR TO ISSUANCE OF CONSTRUCTION PERMITS
Applicant shall record any maps, lot line adjustments, right-of-way dedications or easements required for the development.

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 ISSUANCE OF Final CERTIFICATE OF OCCUPANCY
Applicants shall install a standard bus shelter along Citrus Avenue, north of Summit Avenue as required by the City Engineer.

Applicant/Design 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.

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 underground utilities (sewer and storm drain) shall be video inspected by applicant/contractor. Sewer video shall include clean-out connection, clean-out to lateral segment, lateral, and main line. Videos to be inspected and approved by City Inspection. Applicant shall provide a copy of the video on DVD or flash drive to inspection staff. If removal and replacement of any utility is required, a subsequent video of the repair will be required.

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.

SAN BERNARDINO COUNTY FIRE DEPARTMENT:

Jurisdiction. The above referenced project is under the jurisdiction of the Fontana Fire Protection District 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.

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.

Street Signs. Approved temporary or permanent street signs shall be installed throughout the project prior any combustible materials being placed on the construction site.

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.

Water System. 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.

The fire-flow for this project shall be: 1500 GPM for a two (2) hour duration at 20 psi residual operating pressure. Fire Flow is based on a 2500 sq.ft. structure.

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

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.

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.

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.

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.

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.

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.

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.

MANAGEMENT SERVICES:

To eliminate the negative fiscal impact on municipal services associated with this proposal, the project will be required to annex into an existing community facilities district (“CFD”) or CFD for the purpose of financing the cost of maintenance and operation of the street lighting, landscaping, parks, parkways and the removal of or cover of graffiti. The City will determine which is more appropriate for the project, establishing a new district or annexing into an existing district. The district formation or annexation must be completed prior to the issuance of building permits.

END OF CONDITIONS
EXHIBIT “C”

CITY OF FONTANA

CONDITIONS OF APPROVAL
PROJECT: Master Case No. (MCN) 21-123 DATE: July 26, 2022 Conditional Use Permit No. 21-022
Design Review Project No. 21-047
LOCATION: The project site is located on the northeast corner of Summit Avenue and Citrus Avenue (APN 0239-141-30) on approximately 8.65 gross acres.

PLANNING DEPARTMENT:

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.

This project shall comply with the all applicable provisions set forth by the Planned Unit Development (“PUD”) document that was establish by the Conditional Use Permit.

The applicant shall meet or exceed the development standards of the PUD document.

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

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.

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, the property management company, and/or the homeowners association, and the Post Office.

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.

The amenities for this project shall include the following:

Swimming Pool/Spa
Tot lot with play equipment
Walking pathways with benches
Built-In Barbeques with tables
Four (4) pocket parks with seating areas
The applicant/developer shall comply with the mitigation measures identified in the Initial Study/Mitigated Negative Declaration Mitigation Monitoring and Reporting Program as approved by the City Council on July 28, 2022.

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

Prior To Building Permit Issuance:

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 Municipal 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.

The development shall maintain an active Homeowner’s Association (HOA) at all times. The City shall be a third party to the HOA. in the event the development cannot maintain said HOA. The HOA. Board shall meet in the recreation/club room located within the development. A property management company is strongly recommended to manage the site appropriately.

Install and maintain the Fontana Police Department’s R.E.A.C.T. electronic gate system (in addition to the County’s Knox Box system).

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.

Community address numbers and complex numbers should be visible. Building and unit numbers should be posted and visible. Address specifications are meant to ensure identification and location of buildings. Proper posting and maintenance minimizes confusion as to location and expedites public safety response.

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 L.E.D.’s., 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.

ENGINEERING DIVISION:

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.

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

All on-site streets, alleys, street lights, sewer facilities, storm drain facilities, landscaping, open space areas, walls, gates and Water Quality Management Plan system within the tract shall be privately maintained.

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 securities. The agreement shall be executed on City-provided forms.

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

PRIOR TO ISSUANCE OF CONSTRUCTION PERMITS:

Applicant shall record any maps, lot line adjustments, right-of-way dedications or easements 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 ISSUANCE OF Final CERTIFICATE OF OCCUPANCY:

The applicant shall install a standard bus shelter along Citrus Avenue, north of Summit Avenue as required by the City Engineer.

Applicant/Design 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.

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).

BURRTEC WASTE & RECYCLING SERVICES:

Prior to the issuance of building permits, the developer shall meet with Burrtec, or other City contracted waste collection service in effect at the time, to coordinate and develop a Waste Collection Service Plan satisfactory to Burrtec. The Service Plan shall be subject to review and approval by Burrtec and the City.

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
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.

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

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

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 the 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:

All signs shall be Underwriters Laboratories approved (or equal).

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

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.

FIRE PROTECTION DISTRICT:

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. One way entrances shall be 20’ minimum clear width. Buildings 30 foot or 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.

Street Signs. Approved temporary or permanent street signs shall be installed throughout the project prior any combustible materials being placed on the construction site.

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.

The Fire Flow for this project shall be: 1500 GPM for a 2 hour duration at 20 psi residual operating pressure. Fire Flow is based on a 2500 sq.ft. structure.

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

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.

Secondary Access. The development shall have a minimum of 2 points of vehicular access during each phase of construction for fire and emergency access purposes and for evacuation routes.

MANAGEMENT SERVICES:

To eliminate the negative fiscal impact on municipal services associated with this proposal, the project will be required to annex into an existing community facilities district (CFD) or form a new CFD for the purpose of financing the costs of maintenance and operation of the street lighting, landscaping, parkways and the removal of or cover of graffiti within the boundaries of, or along the perimeter of the district. The district’s annual levy will include an amount for the maintenance of city parks. The city will determine which is more appropriate for the project, establishing a new district or annexing into an existing district. The district formation or annexation must be completed prior to the issuance of building permits.

END OF CONDITIONS OF APPROVAL

Page 28 of 34 ends

ATTACHMENT NO. 1
Resolution No. 2022-_____

Fontana City CouncilJuly 26, 2022

Fontana City Council
July 26, 2022