Agenda packet — Fontana City Council, March 28, 2023 (part 3 of 4)

OF THE DOOR IN A CLOSED POSITION AND WHERE THE BOTTOM
EXPOSED EDGE OF THE GLAZING IS LESS THAN 18" ABOVE THE

WALKING SURFACE SHALL BE CONSIDERED A HAZARDOUS
LOCATION.

SAFETY GLAZING ADJACENT TO DOORS:

LEGEND :

NOTE :

MS - MOP SINK

1. ALL UTILITY BOXES TO BE UNDERGROUND.

GUEST ROOMS WITH COMMUNICATIONS FEATURES
TITLE

PROJECT
DWG. BY:

DATE:

JOB :

SHEET
REVISIONS:

CHK. BY:

Land Planning Civil Engineering Architectural Design Structural Engineering ACE Design LLCACE Design LLC
Phone: (702) 396-5113, Fax: (702)446-8155
Folsom, CA 95630
1024 Iron Point Road, Suite 1046
OF 20
19-03

FONTANA SQUARE
NWC CITRUS & SO. HIGHLAND AVE,

FONTANA, CALIFORNIA
20455
D EA8.11
D1
A

8.11 B2 B2 B3B3 B1B3B2

5.35 8.1
B2B2B2 CF B3 B3 B3 B2B2B2B2 B2E B1B1B1B1B1B3B3
E
B2 CF
4646
CB1
B2B2
B3B3
C

5.35 A
A

8.11 8.8 8.1
45 5.35
D

8.10 8.11
B3
B3
B2 B2 B1
B1 10.5 D
C
E E
B1
B1
46 1ST FLOOR
2ND FLOOR
4TH FLOOR
5TH FLOOR
ROOF

T/ PARAPET

T/ TOWER
65' - 7"
3RD FLOOR
14'-0"
24'-6"
35'-4"
46'-0"
56'-8"
61'-7"
SCALE: 3/32" = 1'-0"1

EXTERIOR ELEVATION - FRONT
SCALE: 3/32" = 1'-0"3

EXTERIOR ELEVATION - LEFT
11/11/2022
HS
MG
A2.2.0
12 TITLE

PROJECT
DWG. BY:

DATE:

JOB :

SHEET
REVISIONS:

CHK. BY:

FONTANA SQUARE
NWC CITRUS & SO. HIGHLAND AVE,

FONTANA, CALIFORNIA

KEYNOTES

5.35CANOPY

8.1ALUMINUM STOREFRONT

8.4ALUMINUM WINDOW.

8.7ARCHITECTURAL LOUVER.

8.8MECHANICAL LOUVER.

8.9SLIDING ENTRY DOORS.

8.10VENT FOR WATER HEATER.

8.11LAUNDRY EXHAUST.

10.5SIGNAGE, REFER TO SIGNAGE PACKAGE.

COORDINATE SIZING AND LOCATION
REQUIREMENTS WITH BRAND.
45NO STONE ACCENTS AROUND WINDOWS.
46ROOF MOUNTED MECHANICAL UNITS
49WALL SCONCE
¾””
’
21456
D EA8.11
D1
A

8.11 B2 B2 B3B3 B1B3B2

5.35 8.1
B2B2B2 CF B3 B3 B3 B2B2B2B2 B2E B1B1B1B1B1B3B3
E
B2 CF
4646
CB1
B2B2
B3B3
C

5.35 A
A

8.11 8.8 8.1
45 5.35
D

8.10 8.11
B3
B3
B2 B2 B1
B1 10.5 D
C
E E
B1
B1
46 1ST FLOOR
2ND FLOOR
4TH FLOOR
5TH FLOOR
ROOF

T/ PARAPET

T/ TOWER
65' - 7"
3RD FLOOR
14'-0"
24'-6"
35'-4"
46'-0"
56'-8"
61'-7"
SCALE: 3/32" = 1'-0"1

EXTERIOR ELEVATION - FRONT
SCALE: 3/32" = 1'-0"3

EXTERIOR ELEVATION - LEFT
11/11/2022
HS
MG
A2.2.0
12 TITLE

PROJECT
DWG. BY:

DATE:

JOB :

SHEET
REVISIONS:

CHK. BY:

FONTANA SQUARE
NWC CITRUS & SO. HIGHLAND AVE,

FONTANA, CALIFORNIA

KEYNOTES

5.35CANOPY

8.1ALUMINUM STOREFRONT

8.4ALUMINUM WINDOW.

8.7ARCHITECTURAL LOUVER.

8.8MECHANICAL LOUVER.

8.9SLIDING ENTRY DOORS.

8.10VENT FOR WATER HEATER.

8.11LAUNDRY EXHAUST.

10.5SIGNAGE, REFER TO SIGNAGE PACKAGE.

COORDINATE SIZING AND LOCATION
REQUIREMENTS WITH BRAND.
45NO STONE ACCENTS AROUND WINDOWS.
46ROOF MOUNTED MECHANICAL UNITS
49WALL SCONCE
¾””
’
22457
7'-9
14"18'-8
78"
7'-10
58"7'-0"7'-0"13'-3
14"27'-9"
5'-6
12"4'-6
34"7'-0"45'-9
34"
62'-11"
3'-8"
24'-7
78"
3'-8"3'-8"
25'-0
78"
3'-8"
22'-5
18"29'-9
14"6'-5
58"20'-9
34"
24'-5" 25'-5
34" 24'-3
14" 5'-3
58"
3'-8" 15'-0
18" 3'-8
14" 4'-5
14" 3'-8
14" 13'-2
12" 3'-8
14" 6'-3
14" 3'-8
14" 19'-11
38" 3'-8"
79'-5
34"
35'-11
78"16'-11
58"
3'-8"37'-10"
3'-8"3'-8"
28'-5
58"3'-8"
79'-5
34"
35'-4"13'-7
34"10'-0"
3'-11
18"
3'-8"
25'-2
78"
3'-8"3'-8"
24'-7
58"
3'-8"
62'-11"
FLOOR PLAN (RESTAURANT 3)
SCALE:- 3/16" = 1'-0"
FLOOR PLAN - (RESTAURANT 3)
11/11/2022
HS
MG
A4.1.0
14 TITLE

PROJECT
DWG. BY:

DATE:

JOB :

SHEET
REVISIONS:

CHK. BY:

FONTANA SQUARE
NWC CITRUS & SO. HIGHLAND AVE,

FONTANA, CALIFORNIA
1 23458
ELEV. 0'-0"
ELEV. 32'-10"
ELEV. 8'-0"
B B
G
G
G
A
BBBB
I
DC 2
A
33'-1"
80'-1112"
G
ELEV. 0'-0"
ELEV. 32'-10"
ELEV. 8'-0"
I
A
G
I
1 B
G
A
I
B
32'-10"
80'-1112"
ELEV. 8'-0"
ELEV. 0'-0"
ELEV. 25'-7"
ELEV. 32'-10"
BBBB
I
D
C
2 G G
A A
64'-5"
32'-10"
ELEV. 8'-0"
ELEV. 0'-0"
ELEV. 25'-7"
ELEV. 32'-10"
BBBB
AA
GG
I
DC2
64'-5"
33'-1"
LEGENDS:(STUCCO COLORS BY SHERWIN WILLIAMS)
ASTUCCO: (DB), COLOR: VIRTUAL TAUPE SW7039

BSTONE CLADDING, LEDGESTONE SOUTHWEST BLEND

CSHT-MTL-WH
DSTUCCO: (WH), ALABASTER SW7008
GSTUCCO: (LS), COLOR: ACCESSIBLE BEIGE SW7036
IASPHALT SHINGLE TIMBERLINE 30,GAF

MATERIALS CORP-BARKWOOD
EXTERIOR ELEVATIONS (RESTAURANT 3)
11/11/2022
HS
MG
A4.2.0
15 LEFT ELEVATION (RESTAURANT 3)
SCALE:- 1/8" = 1'-0"
RIGHT ELEVATION (RESTAURANT 3)
SCALE:- 1/8" = 1'-0"
FRONT ELEVATION (RESTAURANT 3)
SCALE:- 1/8" = 1'-0"
REAR ELEVATION (RESTAURANT 3)
SCALE:- 1/8" = 1'-0"

ABBREVATIONS
HM :- HOLLOW METAL
DR :- DOOR
FR :- FRAME
12 3 4
TITLE

PROJECT
DWG. BY:

DATE:

JOB :

SHEET
REVISIONS:

CHK. BY:

FONTANA SQUARE
NWC CITRUS & SO. HIGHLAND AVE,

FONTANA, CALIFORNIA
24459
3D VIEW- DUAL BRAND
11/11/2022
HS
MG
A6.0.0
16 TITLE

PROJECT
DWG. BY:

DATE:

JOB :

SHEET
REVISIONS:

CHK. BY:

FONTANA SQUARE
NWC CITRUS & SO. HIGHLAND AVE,

FONTANA, CALIFORNIA
25460
3D VIEW- DUAL BRAND
11/11/2022
HS
MG
A6.1.0
17 TITLE

PROJECT
DWG. BY:

DATE:

JOB :

SHEET
REVISIONS:

CHK. BY:

FONTANA SQUARE
NWC CITRUS & SO. HIGHLAND AVE,

FONTANA, CALIFORNIA
26461
3D VIEW- BANQUET HALL
12/13/2022
HS
MG
A6.2.0
18 TITLE

PROJECT
DWG. BY:

DATE:

JOB :

SHEET
REVISIONS:

CHK. BY:

FONTANA SQUARE
NWC CITRUS & SO. HIGHLAND AVE,

FONTANA, CALIFORNIA
27462
3D VIEW- RESTAURANT-3
12/13/2022
HS
MG
A6.3.0
19 TITLE

PROJECT
DWG. BY:

DATE:

JOB :

SHEET
REVISIONS:

CHK. BY:

FONTANA SQUARE
NWC CITRUS & SO. HIGHLAND AVE,

FONTANA, CALIFORNIA
28463

AERIAL VIEW
12/13/2022
HS
MG
A6.4.0
20 TITLE

PROJECT
DWG. BY:

DATE:

JOB :

SHEET
REVISIONS:

CHK. BY:

FONTANA SQUARE
NWC CITRUS & SO. HIGHLAND AVE,

FONTANA, CALIFORNIA
29464
TITLE

PROJECT
DWG. BY:

DATE:

JOB :

SHEET
REVISIONS:

CHK. BY:

FONTANA SQUARE
NWC CITRUS & SO. HIGHLAND AVE,

FONTANA, CALIFORNIA
29673
5046
30465

COLORED FIRST FLOOR PLAN (BANQUET)
11/11/2022
JSC
MG
A1.1.0A
2 TITLE

PROJECT
DWG. BY:

DATE:

JOB :

SHEET
REVISIONS:

CHK. BY:

FONTANA SQUARE
NWC CITRUS & SO. HIGHLAND AVE,

FONTANA, CALIFORNIA
31466

COLORED SECOND FLOOR PLAN (BANQUET)
11/11/2022
JSC
MG
A1.1.1A
3 TITLE

PROJECT
DWG. BY:

DATE:

JOB :

SHEET
REVISIONS:

CHK. BY:

FONTANA SQUARE
NWC CITRUS & SO. HIGHLAND AVE,

FONTANA, CALIFORNIA
32467

COLORED EXTERIOR ELEVATIONS (BANQUET)
11/11/2022
JSC
MG
A1.2.0A
4 TITLE

PROJECT
DWG. BY:

DATE:

JOB :

SHEET
REVISIONS:

CHK. BY:

FONTANA SQUARE
NWC CITRUS & SO. HIGHLAND AVE,

FONTANA, CALIFORNIA
FRONT ELEVATION(SOUTH) 1
REAR ELEVATION(NORTH)2
33468

COLORED EXTERIOR ELEVATIONS (BANQUET)
11/11/2022
JSC
MG
A1.2.0B
5 TITLE

PROJECT
DWG. BY:

DATE:

JOB :

SHEET
REVISIONS:

CHK. BY:

FONTANA SQUARE
NWC CITRUS & SO. HIGHLAND AVE,

FONTANA, CALIFORNIA
LEFT ELEVATION(WEST)3
RIGHT ELEVATION(EAST)4
34469
TITLE

PROJECT
DWG. BY:

DATE:

JOB :

SHEET
REVISIONS:

CHK. BY:

FONTANA SQUARE
NWC CITRUS & SO. HIGHLAND AVE,

FONTANA, CALIFORNIA
35470
TITLE

PROJECT
DWG. BY:

DATE:

JOB :

SHEET
REVISIONS:

CHK. BY:

FONTANA SQUARE
NWC CITRUS & SO. HIGHLAND AVE,

FONTANA, CALIFORNIA
36471
TITLE

PROJECT
DWG. BY:

DATE:

JOB :

SHEET
REVISIONS:

CHK. BY:

FONTANA SQUARE
NWC CITRUS & SO. HIGHLAND AVE,

FONTANA, CALIFORNIA
37472
TITLE

PROJECT
DWG. BY:

DATE:

JOB :

SHEET
REVISIONS:

CHK. BY:

FONTANA SQUARE
NWC CITRUS & SO. HIGHLAND AVE,

FONTANA, CALIFORNIA
38473
COLORED FLOOR PLAN - (RESTAURANT 3)
11/11/2022
HS
MG
A4.1.0A
10 TITLE

PROJECT
DWG. BY:

DATE:

JOB :

SHEET
REVISIONS:

CHK. BY:

FONTANA SQUARE
NWC CITRUS & SO. HIGHLAND AVE,

FONTANA, CALIFORNIA
39474
COLORED EXTERIOR ELEVATIONS (RESTAURANT 3)
11/11/2022
HS
MG
A4.2.0A
11 TITLE

PROJECT
DWG. BY:

DATE:

JOB :

SHEET
REVISIONS:

CHK. BY:

FONTANA SQUARE
NWC CITRUS & SO. HIGHLAND AVE,

FONTANA, CALIFORNIA
40475
Phone: (702) 396-5113, Fax: (702)446-8155
Land Planning Civil Engineering Architectural Design Structural Engineering ACE Design LLCACE Design LLC
FOLSOM, CA 95630
1024 IRON POINT ROAD
PHONE
NORTH

PROJECT
”
41476
PATIO
POOL
FF=1504.50
FF=1506.00
FF=1506.75
FF=1507.40
Phone: (702) 396-5113, Fax: (702)446-8155
Land Planning Civil Engineering Architectural Design Structural Engineering ACE Design LLCACE Design LLC
FOLSOM, CA 95630
1024 IRON POINT ROAD

PROJECT
42477
FFE=1504.50

PROPOSED

BANQUET HALL
FFE=1506.00

STAY BRIDGE SUITE/

HOLIDAY INN EXPRESS
184 ROOM 5 STORY
FFE=1506.75
RESTAURANT-3
FFE=1506.00

STAY BRIDGE SUITE/

HOLIDAY INN EXPRESS
184 ROOM 5 STORY
FFE=1504.50
RESTAURANT-3
Phone: (702) 396-5113, Fax: (702)446-8155
Land Planning Civil Engineering Architectural Design Structural Engineering ACE Design LLCACE Design LLC
FOLSOM, CA 95630
1024 IRON POINT ROAD
43478
FF=1504.50
FF=1506.00
FF=1506.75
FF=1507.40
Phone: (702) 396-5113, Fax: (702)446-8155
Land Planning Civil Engineering Architectural Design Structural Engineering ACE Design LLCACE Design LLC
FOLSOM, CA 95630
1024 IRON POINT ROAD

PROJECT
44479
Phone: (702) 396-5113, Fax: (702)446-8155
Land Planning Civil Engineering Architectural Design Structural Engineering ACE Design LLCACE Design LLC
FOLSOM, CA 95630
1024 IRON POINT ROAD
45480
Phone: (702) 396-5113, Fax: (702)446-8155
Land Planning Civil Engineering Architectural Design Structural Engineering ACE Design LLCACE Design LLC
FOLSOM, CA 95630
1024 IRON POINT ROAD
46481
Phone: (702) 396-5113, Fax: (702)446-8155
Land Planning Civil Engineering Architectural Design Structural Engineering ACE Design LLCACE Design LLC
FOLSOM, CA 95630
1024 IRON POINT ROAD

PROJECT
(1505)
47482
Date Created
8/18/22

FONTANA SQUARE
P.O. Box 5891 La Quinta, CA. 92248
[email protected] www.garzaconcepts.com
Llic # 1050039
NWC Citrus & So. Hightland Ave.

Fontana, CA.

SHEET INDEX

FONTANA SQUARE
NEW LANDSCAPE CONSTRUCTION PLANS FOR:

SITE MAP
Important Notice - Underground Service Alert
Section 4216/4217 of the Government Code requires a
Dig Alert Identification Number be issued before a "Permit to Excavate" will be valid. For your Dig Alert Identification Number call Underground Service Alert.

TOLL FREE at 1-800-227-2600 two working days before
you dig.

Construction contractor agrees that in accordance with generally accepted construction practices, construction contractor will be required to assume sole and complete responsibility for job site conditions during the course of construction of the project, including safety of all persons and property, that this requirement shall be made to apply continuously and not be limited to normal working hours, and construction contractor further agrees to defend, indemnify and hold design professional harmless from any and all liability, real or alleged, in connection with the performance of work on this project, excepting liability arising from the sole negligence of design professional.

SHEET
NO.

SHEET DESCRIPTION
L1.0

TITLE SHEET
L2.0

HARDSCAPE PLAN
L3.0

LANDSCAPE PLAN
L3.1

LANDSCAPE PLAN
L3.2

LANDSCAPE PLAN
L3.3

LANDSCAPE DETAILS
L4.0

IRRIGATION PLAN
L4.1

IRRIGATION PLAN
L4.2

IRRIGATION PLAN
L4.3

IRRIGATION DETAILS
L5.0

LIGHTING PLAN
L5.1

LIGHTING PLAN
L5.2

LIGHTING PLAN
NWC Citrus & So. Hightland Ave.

Fontana, CA.

TITLE SHEET
L 1.0
N

PROJECT

REVISED
1 2
3 4
5 GARZA CONCEPTS

JOSE GARZA LANDSCAPE CONTRACTOR AND DRAFTING SERVICES

PROJECTO LOCATION

PROJECT INFORMATION
SCOPE OF WORK:

Installation of Irrigation, Plant Material and
Landscape Lighting
LEGAL ADDRESS:

NWC Citrus & So. Hightland Ave.

Fontana, CA.

PARCEL NUMBER A.P.N.
0228-301-01, 0228-301-02,
0228-301-03, 0228-301-04,
0228-301-05, 0228-301-06,
0228-301-07, 0228-301-08,
0228-301-20, 0228-301-21,
0228-301-22, 0228-301-23,
0228-301-33, 0228-301-34,
0228-301-35, 0228-301-36,
0228-301-37, 0228-301-38,
0228-301-39, 228-301-40,
0228-301-41, 228-301-42,
0228-301-43, 228-301-44,
0228-301-45, 228-301-46,
0228-301-47, 228-301-48,
0228-301-49, 228-301-51
AND 0228-301-52
DESIGNER:

HOURS OF CONSTRUCTION
October 1st through April 30th:

Monday - Friday: 7:00AM to 5:30PM
Saturday: 8:00AM - 5:00PM
Sunday: None
Government Code Holidays: None
No person doing or causing work prohibited by Subsection A of this section, after being informed orally or in writing that the work has caused noise or sounds which disturb any other person's peace and quiet, shall fail, refuse or neglect to take whatever steps or use whatever means are necessary to assure that the work does not again disturb the other person's peace and quiet.

May 1st through September 30th:

Monday - Friday: 6:00AM to 7:00PM
Saturday: 8:00AM - 5:00PM
Sunday: None
Government Code Holidays: None
PROJECT DESCRIPTION:

HOTEL

GARZA CONCEPTS

JOSE GARZA LANDSCAPE CONTRACTOR AND DRAFTING SERVICES
48483
Date Created
8/18/22

FONTANA SQUARE
P.O. Box 5891 La Quinta, CA. 92248
[email protected] www.garzaconcepts.com
Llic # 1050039

GARZA CONCEPTS

JOSE GARZA LANDSCAPE CONTRACTOR AND DRAFTING SERVICES
NWC Citrus & So. Hightland Ave.

Fontana, CA.

PROJECT

HARDSCAPE PLAN

REVISED
1 2
3 4
5 L 2.0
S. HIGHLAND AVE

LANDSCAPING

WALKWAYS
00 40'
160'
80'
N
SCALE: 1" = 40'-0"

LANDSCAPING

WALKWAYS

WALKWAYS
JACARANDA AVE.

TOKAY AVE

ILLUMINATED MONUMENT
SIGNAGE (35' HIGH) MIN. APP SQ.FT.

OF SEASONAL COLOR AT

BASE OF SIGN

ILLUMINATED MONUMENT
SIGNAGE (35' HIGH) MIN. APP SQ.FT.

OF SEASONAL COLOR AT

BASE OF SIGN
CHERIMOYA AVE.

IN-N-OUT
GROSS AREA 3,885 SQ.FT.
74 INDOOR SEATS

LOADING
RESTAURANT - 3

GROSS AREA
5,000 SQ.FT.

SEATING AREA
3,750 SQ.FT

PROPOSED PROTERTY LINE

STAYBRIDGE SUITES
184 ROOMS 5 STORY
TOP OF PARAPET 64' - 6"

LANDSCAPING
6' HIGH

CMU WALL

GATES EQUIPPED WITH THE

COUNTY FIRE KNOX BOX

SYSTEM FOR FIRE ACCESS

LANDSCAPING

LANDSCAPING
AREA = 113,497
SQ.FT.

2.60 AC

PROPOSED PROTERTY LINE
6' HIGH

CMU WALL

ALL TRASH ENCLUSURES

SHAL BE REVIEWED BY

BURRTEC

OUTDOOR POOL

PROPOSED

BANQUET HALL

BUILDING FOOTPRINT
28000 SQ.FT.
30'-0" HIGH
AREA = 71918 SQ.FT.

1.65 AC

LANDSCAPING

LANDSCAPING
ROUTE 210

CATAWBA AVE
6' HIGH

CMU WALL

REFER TO PLANS BY
MSL ENGINEERING, INC.
49484
Date Created
8/18/22

FONTANA SQUARE
P.O. Box 5891 La Quinta, CA. 92248
[email protected] www.garzaconcepts.com
Llic # 1050039

GARZA CONCEPTS

JOSE GARZA LANDSCAPE CONTRACTOR AND DRAFTING SERVICES
NWC Citrus & So. Hightland Ave.

Fontana, CA.

PROJECT

LANDSCAPE PLAN

REVISED
1 2
3 4
5 L3.0
N
L3.1
L3.0
L3.1
L3.0
00 20'
80'
40'
SCALE: 1" = 20'-0"
50485
Date Created
8/18/22

FONTANA SQUARE
P.O. Box 5891 La Quinta, CA. 92248
[email protected] www.garzaconcepts.com
Llic # 1050039

GARZA CONCEPTS

JOSE GARZA LANDSCAPE CONTRACTOR AND DRAFTING SERVICES
NWC Citrus & So. Hightland Ave.

Fontana, CA.

PROJECT

LANDSCAPE PLAN

REVISED
1 2
3 4
5 L3.1
N
L3.1
L3.0
L3.1
L3.0
00 20'
80'
40'
SCALE: 1" = 20'-0"
L3.2
L3.1
L3.2
L3.1
51486
Date Created
8/18/22

FONTANA SQUARE
P.O. Box 5891 La Quinta, CA. 92248
[email protected] www.garzaconcepts.com
Llic # 1050039

GARZA CONCEPTS

JOSE GARZA LANDSCAPE CONTRACTOR AND DRAFTING SERVICES
NWC Citrus & So. Hightland Ave.

Fontana, CA.

PROJECT

LANDSCAPE PLAN

REVISED
1 2
3 4
5 L3.2

PLANT LEGEND
TREES
SYM.

NAME
WATER
NEEDS
SIZE
QTY

COMMENTS
PLANT
FACTOR

QUERCUS AGRIFOLIA

COAST LIVE OAK
24" BOX
16 .20

QUERCUS ILEX

HOLLY OAK
4 .20

PLATANUS MEXICANA

MEXICAN SYCAMORE
23 .50
SHRUBS
SYM.

NAME
WATER
NEEDS
SIZE
QTY

COMMENTS
PLANT
FACTOR
Lavandula Spp.

Contractor to select
5 gal
191
.20
Physocarpus Capitatus
Western Nine Bark
5 gal
Satureja Douglasii
Yerba Buena
5 gal
78 Standard
Ceanothus Thyrsiflorus
Wild Lilac
5 gal
53 Salvia Coahuilensis
Coahuila Sage
5 gal
230
N
L3.2
L3.1
L3.2
L3.1
00 20'
80'
40'
SCALE: 1" = 20'-0"
24" BOX
24" BOX

PISTACIA CHINENSIS

STOCKTON CHINESE PISTACHE
15 GAL

RHUS LANCEA

AFRICAN SUMAC
8 .20
15 GAL

PYRUS CALLERUANA

BRADFORD PEAR
8 .50
15 GAL
Standard
Standard
Standard
Standard
Standard
.50
27 Sidalcea Malviflora
Checkerbloom
5 gal
81 .50
Sedum Species
Stonecrop
1 gal
48 Heteromeles Arbutifolia
Toyon (shrub in bio retention)
1 gal
17 Berberis Nevinii
Nevin Mahonia
1 gal
8 .20
29 LOW
LOW
MOD
MOD
LOW
MOD
MOD
LOW
LOW
LOW
LOW
MOD
LOW
LOW
LOW
.20
.20
.20
.20
.20
.20
NOTES
FORNEW PLANTING AREAS PROVIDE 4 CUBIC YARDS OF NITROLIZED WOOD SHAVINGS 20# OF 16-6-8 FERTILIZER PER 1,000 SQ.FT. OF PLANTING AREA. ROTOTILL INTO TOP 6 INCHES.

STAKE EACH TREE WITH 2-2" DIAMETER X 10' TREE STAKES TIED IN TWO (2) PLACES WITH CINCH TIES.

CONTRCTOR SHALL GUARANTEE ALL PLANT MATERIAL FOR (1) YEAR FROM DATE OF OWNER'S ACCEPTANCE.

PROVIDE 3" LAYER OF SHREDDED BARK AS TOP DRESSING FOR ALL PLANTER AREAS.

SIGN STANDARD TO BE LOCATED 12" BACK OF CURB WITH A 7FT. VERTICAL CLEARANCE FROM SURFACE OF SIDEWALK.

IN AREAS WHERE SIDEWALK ARE 5FT. OR LESS IN WIDTH, SIGN STANDARDS SHALL BE LOCATED 12" BEHIND SIDEWALK.

SIGN STANDARDS SHALL BE PLACED 150 FT. O.C. FOR LENGHT OF FIRE LANE WITH A MINIMUM OF TWO (2) PER BLOCK.

SIGN SHALL BE R26F (CA). 2 SIDED SIGN.

SIGN BRACKET SHALL BE A "HAWKINS' SET SCREW TYPE L-BRACKET (CAT. # M2G - 2LBS.).

SIGN BRACKET AND SIGN SHALL BE INSTALLED PARALLEL TO THE DIRECTION OF TRAFFIC FLOW. "FIRE LANE" SHALL BE STENCILED IN WHITE PAINT 25' INERVALS ALONG FACE OF RED CURB.

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. REFER TO LANDSCAPE PLANS

BY MSL ENGINEERING

REFER TO LANDSCAPE PLANS

BY MSL ENGINEERING
52487
Date Created
8/18/22

FONTANA SQUARE
P.O. Box 5891 La Quinta, CA. 92248
[email protected] www.garzaconcepts.com
Llic # 1050039

GARZA CONCEPTS

JOSE GARZA LANDSCAPE CONTRACTOR AND DRAFTING SERVICES
NWC Citrus & So. Hightland Ave.

Fontana, CA.

PROJECT

LANDSCAPE DETAILS

REVISED
1 2
3 4
5 L3.3

PALM TREE PLANTING NOTES

1. PALMS SHALL BE PLANTED USING ESTABLISHED PLANTING PROCEDURES NOTED ON PLANTING DETAILS.

2. PALM TREE ROOT BALLS SHALL BE TRIMMED OR CUT TO ENSURE RECOVERY FROM TRANSPLANTING SHOCK.

3. PALM TREES MUST BE IN A HEALTHY CONDITION AT TIME OF DELIVERY. PALM TREES DETERMINED UNHEALTHY

OR DAMAGED AT TIME OF DELIVERY OR INTALLATION SHALL BE REJECTED BY CONTRACTOR AND REPLACED BY SUBCONTRACTOR AT HIS EXPENSE.

4. ALL PALMS SHALL BE CLEANED OF ECESSIVE DEAD AND RAGGED FRONDS OR FROND STUBBLE. CUT FRONDS SHOULD BE CUT TO A MAXIMUM LENGHT OF 6".

5. CALLED OUT HEIGHTS OF PALMS SHALL BE THE HEIGHT FROM TOP OF ROOT BALL TO BOTTOM OF LIVE FRONDS.

6. PALM TREES TO BE PROPERLY WATERED IN A SOIL PROPERLY TAMPED AROUND THE ROOT BALL WHEN PLANTING.

DO NOT LEAVE ANY VOIDS OF SOIL AROUND ROOT BALLS.

7. PALM TREES SHALL BE PLANTED VERTICALLY, UNLESS NOTED ON THE PLAN.

8. TRUNKS SHOULD BE ROUGHT WITH FRONDS BASES STILL SECURELY ATTACHED.

9. TRUNKS MAY NOT BE TOTALLY SKINNED UNLESS NOTED ON PLAN.

10. TRUNK BASES MAY BE SKINNED TO A MAXIMUM HEIGHT OF 3'-4" (TALLER PALM 6'-0").

11. SKINNED AREAS ABOVE THE 6'-0" MARK WILL BE ACCEPTED, AT THE DIRECTION OF THE LANDSCAPE DESIGNER.

12. CARE SHOULD BE EXERCISED IN THE CABLING DURING TRANSPORT AND PLANTING SO AS NOT TO DAMAGE BARK.

13. SEVERE CRACKING OR HOLED IN THE BASAL TRUNK AREA WILL BOT BE ACCEPTABLE.

14. ONE INITIAL WATERING WILL BE PERFORMED BY SUBCONTRACTOR. BASIN WILL BE LEFT ON EACH PALM SO SUBSEQUENT WATERING CAN BE PERFORMED BY OTHERS. BASIN TO BE REMOVED DURING FINISH GRADING.

15. SUBCONTRACTOR TO UNTIE FROND TOPS (60) DAYS AFTER PLANTING.

16. PALM TREES SHALL BE PLANTED A MINIMUM OF 18" AWAY FROM BUILDING EAVES.

17. IT IS RECOMMENDED THAT ANY PALM TREE PLANTED WITHIN 5'-0" OF ANY WALKWAY, WALL, OR STRUCTURE BE PLANTED WITH DEEP ROOT BARRIER TO A DEPTH OF 2'-0" MINIMUM.

18. WASHINGTONIA ROBUSTA TRUNKS ARE TO HAVE A MINIMUM DIAMETER OF 14" MEASURED 4'-0" HIGH.

19. NO PALM TREE SHALL BE OUT OF THE ORIGINAL GROUND FOR MORE THAN (48) HOURS PRIOR TO PLANTING.

PLANTING NOTES

1. BEFORE ANY PLANTS ARE PLANTED, ALL PLANTING AREAS MUST BE GRADED IN AN ACCEPTABLE MANNER TO ASSURE POSITIVE DRAINAGE PER THE DRADING NOTES.

2. WHERE CIRCUMSTANCES PERMIT, TREES TO BE PLANTED NO CLOSER THAN 18" TO AN EDGE OF HARDSCAPE.

3. REMOVE ALL STAKES FROM VINES.

4. PLANTING MATERIAL THAT IS ACCILMATED TO THE COACHELLA VALLEY MUST BE USED WHENEVER POSSIBLE.

5. WHEN TYING VINES OR ESPALIERS, WIRES SHOULD BE SPACED AS FOLLOWS:
1ST (2) AT 1'-6" APART FROM FINISHED GRADE, THE NEXT (3) AT 1'-0" APART TO MAKE THE TOOP WIRE AT 6'-0" ABOVE FINISHED GRADE. WIRES SHOULD BE A MINIMUM OF 8'-0" LONG CENTERE ON PLANTS. WHEN VINE OR SPALIERS ARE CLOSER THAN 10'-0" APART, USE A CONTINUOUS WIRE BETWEEN BOTH PLANTS..

6. PLANT MATERIAL LISTED ON LEGEND MAY OR MAY NOT HAVE BEEN APPROVED BY THE AGRICULTURAL COMMISSIONER'S OFFICE. LANDSCAPE CONTRATOR TO CONTACT THE DEVELOPER FOR STATUS OF AGRUCULTURAL COMISSIONER'S APPROVAL OR DENIAL. PLANT MATIERIAL NOT CONFORMING WITH QUARANTINE LAWS MAY BE DETROYED AND CIVIL ACTION TAKEN. ALL PLANT MATERIAL IS SUBJECT TO INSPECTION AT THE DISCRETION OF THE AGRICULTURAL COMMISSIONER'S OFFICE. ALL PLANT MATERIAL MUST BE FREE RED SCALE (AONIDIELLA AURANTII).

7. NO SHRUBS ARE TO BE PLANTED WITHIN 18" OF HARDSCAPE, MEASURED FROM CENTER OF SHRUB.

DEEP ROOT BARRIER APPLICATION

1. PREPARE THE INITIAL PLANTING HOLE AS ILLUSTRATED ON PLANTING NOTES. IT'S BASED UPON THE COMBINATION OF DESIRE BARRIER DIAMETER AND DEPTH. CONSIDER IF DRAINAGE DEVICES OR AMENDMENTS ARE NEEDED TO CORRECT ANY ADVERSE SOIL OR PLANTING CONDTIONS IN THE BACKFILL AREA.

2. ASSEMBLE THE APPROPRATE NUMBER OF DEEP ROOT UNIVERSAL BARRIER PANELS. THE VERTICAL ROOT DEFLECTING RIBS ON THE PANEL MUST FACE INWARD, TOWARD THE ROOT BALL. THIS IS VERY IMPORTANT, OTHERWISE THE ROOTS WILL BECOME GIRDLED BY TRAVELING AROUND THE SMOOTH WALLED SURFACE.

3. NEXT PLACE THE BARRIER IN THE CENTER OF THE PLANTING HOLE, KEEPING IN MIND THAT THE DOUBLE TOP EDGE OF THE BARRIER SHULD BE POSITIONED APPROXIMATELY 1/2" ABOVE GRADE. THIS HELPS RETARD POTENTIAL ROOT OVERGROWTH WHICH CAN LEAD TO UPROOTED HARDSCAPES.

4. BACKFILL AND COMPACT WITH SOIL INSIDE THE BARRIER TO THE LEVEL WHERE THE BOTTOM OF THE ROOT BALL APPROXIMATELY 1" ABOVE GRADE.

5. REMOVE THE TREE FROM ITS CONTAINER, OR CUT AWAY THE TOP PORTION OF BURLAP AND POSITION IN THE CENTER OF THE BARRIER. COMPLETE THE BACKFILL OF THE SOIL. DISTRIBUTE EVENLY TO MAINTAIN THE SHAPE OF THE BARRIER AND COMPACT THE BACKFILL EVERY 4"-6". ROOTS WILL DIE QUICKLY IF LEFT EXPOSED TOT HE ELEMENTS SO KEEP EXPOSURE OF THE ROOTS TO A MINIMUM.

6. IF STOKING OF GUYING IS REQURED, IT IS RECOMMENDED OF USING THE SOFT, SAFE AND ECONOMICAL ALTERNATIVE TO TRADITIONAL WIRE AND HOSE, ARBORTIE(SEE WWW.DEEPROOT.COM FOR DETAILS)

7. IF THE TREE(S) WILL BE SUBJECT TO MAINTENANCE WORK SUCH AS LAWN MOWING OR WEED TRIMMING IT IS RECOMMENDED TO INSTALL THE ARBORGARD+ TREE TRUNK PROTECTOR WHICH IS PLACED AROUND

THE BASE OF YOUNG TREES TO PROTECT THEM FROM DAMAGE BY WEED TRIMMERS, LAWN MOWERS AND SMALL RODENTS.

8. WATER AND FOLLOW TREE MAINTENANCE PRACTICES.

9. TREES DO REQUIRE CARE AND NURTURING AFTER PLANTING. CONSULT WITH YOUR LOCAL SUPPLIER FOR PROPER CARE PROCEDURES FOR THE SPECIES YOU ARE PLANTING. THE PLANTING INSTRUCTION NOTED ABOVE ARE BY NO MEANS A COMPREHENSIVE GUIDE. RATHER THEY ARE GENERAL GUIDELINES TO PLANTING WITH DEEPROOT BARRIERS AND A SURVEY OF CURRENT PLANTING METHODS.

CONDITIONS WILL VARY HOWVER AND IT IS RECOMMENDED THAT AN ARBORIST BE CONSULTED BEFORE PLANTING. ADDITIONAL INFORMATION IS AVAILABLE AT WWW.DEEPROOT.COM 53488
Date Created
8/18/22

FONTANA SQUARE
P.O. Box 5891 La Quinta, CA. 92248
[email protected] www.garzaconcepts.com
Llic # 1050039

GARZA CONCEPTS

JOSE GARZA LANDSCAPE CONTRACTOR AND DRAFTING SERVICES
NWC Citrus & So. Hightland Ave.

Fontana, CA.

PROJECT

IRRIGATION PLAN

REVISED
1 2
3 4
5 L4.0
L4.1
L4.0
L4.1
L4.0
1A
15 1"
2A
15 1"
3A
15 1"
4A
15 1"
5A
15 1"
6A
15 1"
54489
Date Created
8/18/22

FONTANA SQUARE
P.O. Box 5891 La Quinta, CA. 92248
[email protected] www.garzaconcepts.com
Llic # 1050039

GARZA CONCEPTS

JOSE GARZA LANDSCAPE CONTRACTOR AND DRAFTING SERVICES
NWC Citrus & So. Hightland Ave.

Fontana, CA.

PROJECT

IRRIGATION PLAN

REVISED
1 2
3 4
5 L4.1
L4.1
L4.1
L4.1
L4.0
L4.1
L4.0
L4.2
L4.2
7A
15 1"
8A
15 1"
9A
15 1"
10A
15 1"
11A
15 1"
33A
15 1"
34A
15 1"
35A
15 1"
36A
15 1"
37A
15 1"
38A
15 1"
39A
15 1"
40A
15 1"
41A
15 1"
42A
15 1"

IRRIGATION METER/PEDESTAL

MONUMENT/SIGNAGE METER

20.3'
A
ISM
A
55490
Date Created
8/18/22

FONTANA SQUARE
P.O. Box 5891 La Quinta, CA. 92248
[email protected] www.garzaconcepts.com
Llic # 1050039
Important Notice - Underground Service Alert
Section 4216/4217 of the Government Code
requires a Dig Alert Identification Number be issued
before a "Permit to Excavate" will be valid. For your
Dig Alert Identification Number call Underground
Service Alert.

TOLL FREE at 1-800-227-2600 two working days
before you dig.

STATION & CONTROLLER NO.

VALVE SIZE

FLOW (GPM)
T

GARZA CONCEPTS

JOSE GARZA LANDSCAPE CONTRACTOR AND DRAFTING SERVICES
NWC Citrus & So. Hightland Ave.

Fontana, CA.

PROJECT

IRRIGATION PLAN

REVISED
1 2
3 4
5 L4.2

EXISTING IRRIGATION POINT OF CONNECTION -
IRRIGATION POINT CONNECTION FROM WATER METER SOURCE.
(STATIC PRESSURE @65 PSI)
(NEW METER TO BE INSTALLED BY C.V.W.D.)
MAINLINE PIPING-SCHEDULE 40 PVC
(USING DEEP SOCKET DESIGN SCHEDULE 40 FITTINGS)
INSTALL CL 315 PVC MAINLINE FROM 2" AND LARGER
NON-PRESSURE LATERAL PIPPING - PVC CLASS 200
(USING DEEP SOCKET DESIGN SCHEDULE 40 FITTINGS)

PIPE SLEEVING SHALL OCCUR UNDER ALL HARDSCAPE,
SLEEVING SHALL BE 2X THE DIAMETER OF THE PIPE.

PIPE SIZING CHART

PIPE SIZE
MAX. ALLOWABLE
FLOW
1/2"
5 GPM
3/4"
10 GPM
1"
16 GPM
1"
16 GPM
1-1/4"
26 GPM
1-1/2"
40 GPM
2"
60 GPM
L4.1
L4.1
L4.2
L4.2
12A
15 1"
24A
15 1"
25A
15 1"
26A
15 1"
27A
15 1"
28A
15 1"
29A
15 1"
30A
15 1"
31A
15 1"
32A
15 1"
SYMBOL

RAINBIRD

IRRIGATION LEGEND

MANUFACTURER
MODEL NO.

DESCRIPTION

ESP - LXD
50-200 STATION COMPATABLE

TWO WIRE DECODER COMMERCIAL CONTROLLER
SYMBOL

MANUFACTURER
MODEL NO.

DESCRIPTION
NOZZLE
FLOW
GPM
PSI

PATTERN

RAINBIRD
100-EFB-CP
FS 100 B
MASTER BRASS VALVE WITH 1" BRASS

TEE FLOW SENSOR

RAINBIRD

PEB SERIES
100-PEB-PRS-D

ELECTRIC CONTROL VALVE FOR TREE & PALM TREE BUBBLERS,
SIZE AS NOTED ON PLAN, REFER TO DETAIL ON L4.1

RAINBIRD
XCZ-075-PRF
075-DVF
ELECTRIC CONTROL VALVE FOR DRIP AREAS. SIZE AS NOTED ON PLAN, REFER TO DETAIL SHEET L4.1
NIBCO
T-113
FULL PORT VALVE (LINE SIZE). REFER TO IRRIGAITON DETAIL SHEET L4.1

RAINBIRD
33DRC
3/4" QUICK COUPLER. REFER TO IRRIGATION DEAIL SHEET L4.1

EXISTING

BACKFLOW PREVENTOR

RAINBIRD

PFR/FRA

XERI-BUG

EMITTER
XB-20PC-1032
.20
30 DRIP

RAINBIRD

PFR/FRA

XERI-BUG

EMITTER
XB-10PC-1032
.10
30 DRIP

RAINBIRD
XFS-09-12
EMITTER @ 12"
O.C.

SUB-SURFACE

DRIPLINE

0.9 30

TRICKLE

PATTERN
A

RAINBIRD

LXMMSSPED

STAINLESS STEEL PEDESTAL

FOR ESP - LX SERIES CONTROLLERS

IRRIGATION POC

TO BE CONFIRMED
Contractor shall review existing
irrigation backflow,
connection to 2" Domestic Water.

Contractor to verity
if the irrigation system
requires pressure regulator.

ISM

IRRIGATION
METER

SECONDARY IRRIGATION METER

INSTALLED BY WATER COMPANY
56491
Date Created
8/18/22

FONTANA SQUARE
P.O. Box 5891 La Quinta, CA. 92248
[email protected] www.garzaconcepts.com
Llic # 1050039

GARZA CONCEPTS

JOSE GARZA LANDSCAPE CONTRACTOR AND DRAFTING SERVICES
NWC Citrus & So. Hightland Ave.

Fontana, CA.

PROJECT

IRRIGATION DETAILS

REVISED
1 2
3 4
5 L4.3

ATMOSPHERIC VACUUM BREAKER
COPPER MALE ADAPTER (1 OF 2)
MIN. OF 12 INCHES ABOVE HIGHEST

POINT OF DISCHARGE
COPPER 90* ELL (1 OF 3)

COPPER PIPE (TYPICAL)

COPPER FEMALE ADAPTER

FINISH GRADE

IRRIGATION MAINLINE PIPE

PVC MALE ADAPTER

PIPE FROM REMOTE CONTROL VALVE
NOTE:

INSTALL BACKFLOW PREVENTER AS REQUIRED BY LOCAL CODES
AND HEALTH DEPARTMENT. VERIFY LOCAL REQUIREMENTS PRIOR
TO INSTALLATION.

ATMOSPHERIC VACCUM BREAKER

NOT TO SCALE
A

BALL VALVE

NOT TO SCALE
B

FINISH GRADE

TAN ROUND VALVE BOX W/LID

BRICK SUPPORT
( 1 OF 2 )

PVC MAIN LINE
1 CU.FT. PEA GRAVEL
PVC MALE ADAPTERS ( 1 OF 2 )

DRIP VALVE ASSEMBLY

NOT TO SCALE
C

FINISH GRADE

TAN RECTANGULAR

VALVE BOX W/LID
COL. WIRE PER SPECIFICATIONS

PVC PIPE

PVC UNION (THREADED

FOR SERVICING ASSEMBLY

PRESSURE TREATED

WOOD SUPPORT

PEA GRAVEL

COMMON WIRE

WIRE CONNECTOR

TRENCHING

NOT TO SCALE
E

TYPICAL WIRE CONNECTION

NOT TO SCALE
F

MAIN SUPPLY

BY OTHERS

LATERALS
120 VOLT
WIRING

MAIN SUPPLY

LATERAL & WIRING
WIRING
24 VOLT

ALL MAIN SUPPLY LINES TO BE

INSTALLED IN ACCORDANCE WITH

MANUFACTURER'S INSTALLATION

SPECIFICATIONS

INSTALL RAINBID 'ACV SERIES

ADJUSTABLE CHECK VALVE
LINE SIZE - INSTALL PER EVERY 10FT
OF GRADE CHANGE.

ALL 120 VOLT WIRING IN CONDUIT

TO BE INSTALLED IN ACCORDANCE

WITH LOCAL CODES
TIE A LOOSE 20 INCH LOOL IN ALL

WIRING AT CHANGES OF DIRECTION
GREATER THAN 30 INCHES.

UNTIE ALL LOOPS AFTER ALL

CONNECTIONS HAVE BEEN MADE

LATERAL

MAIN LINE
2'-0"
2'-0"
1'-0"
2'-0"

SLIP BASE SOCKET OVER END WIRES
STRIP WIRES APPROCIMATELY 5/8" FROM END

TWIST ENDS TOGETHER
STEP 1.

APPLY SEALER TO OUTSIDE OF SEATING PLUG

FILL CAVITY WITH SEATER

PUT CRIMP SLEEVE OVER WIRE ENDS

CRIMP SLEEVE AND CUT OFF EXCESS WIRE
STEP 2.

PULL BASE SOCKET OVER WIRE END

AS FAR AS POSSIBLE

PUSH SEATING PLUG INTO BASE SOCKET
STEP 3.

PUSH WIRES TO END OF BASE SOCKET TO

ASSURE COMPLETE SEALING OF CONNECTION

RAINBIRD PEN-TIE WIRE CONNECTOR
STEP 4.

NOTE:

FOR WIRE SIZES No. 14, 12 AND 10

DEEP WATER IRRIGATION

NOT TO SCALE
G

DRIP EMITTER

NOT TO SCALE
H

END SELF-FLUSHING VALVE

NOT TO SCALE
I

EMITTER LAYOUT

NOT TO SCALE
J

TRENCHING DETAIL

NOT TO SCALE
K

TREE & PALM VALVE ASSEMBLY

NOT TO SCALE
TWO-WIRE DECODER CONTROLLER:

RAINBIRD ESP-LXD TWO-WIRE DECODER CONTROLLER

WITH LXMM METAL CABINET AND LXMMPED METAL
PEDESTAL. INSTALL CONTROLLER, CABINET AND PEDESTAL
PER MANUFACTURER'S SPECIFICATIONS.

CONCRETE PAD: 6-INCH MINIMUM THICKNESS

FINSIH GRADE

POWER SUPPLY WIRE
1-INCH SCH 40 PVC CONDUIT, FITTINGS AND SWEEP EEL

FOR POWER SUPPLY
3-INCH SCH 40 PVC CONDUIT, FITTINGS AND SWEEP EEL

FOR TWO-WIRE CABLE

MAXICABLE TWO-WIRE PATH TO DECODERS
USE A DIFFERENT CABLE JACKET COLOR FOR EACH PATH.

COMPACTED SUBGRADE
1 2
3 4
5 6
7 8
NOTES:

PROVIDE PROPER GROUDING COMPONENTS TO ACHIEVE
GROUND RESISTANCE OF 10 OHMS OR LESS.
57492
Date Created
8/18/22

FONTANA SQUARE
P.O. Box 5891 La Quinta, CA. 92248
[email protected] www.garzaconcepts.com
Llic # 1050039

GARZA CONCEPTS

JOSE GARZA LANDSCAPE CONTRACTOR AND DRAFTING SERVICES
NWC Citrus & So. Hightland Ave.

Fontana, CA.

PROJECT

LIGHTING PLAN

REVISED
1 2
3 4
5 L5.0
N

LIGHTING LEGEND
SYM.

NAME
QTY

COMMENTS
VOLT G4 Infiniti
60 Integrated LED Brass Spotlight (Bronze)
136
Available at ProTrade (SiteOne)
Vista 600w Stainless Steel HP
Multi-Tap Transformer
Contractor to specify locations
00 20'
80'
40'
SCALE: 1" = 20'-0"
58493
Date Created
8/18/22

FONTANA SQUARE
P.O. Box 5891 La Quinta, CA. 92248
[email protected] www.garzaconcepts.com
Llic # 1050039

GARZA CONCEPTS

JOSE GARZA LANDSCAPE CONTRACTOR AND DRAFTING SERVICES
NWC Citrus & So. Hightland Ave.

Fontana, CA.

PROJECT

LIGHTING PLAN

REVISED
1 2
3 4
5 L5.1
N
00 20'
80'
40'
SCALE: 1" = 20'-0"
59494
Date Created
8/18/22

FONTANA SQUARE
P.O. Box 5891 La Quinta, CA. 92248
[email protected] www.garzaconcepts.com
Llic # 1050039

GARZA CONCEPTS

JOSE GARZA LANDSCAPE CONTRACTOR AND DRAFTING SERVICES
NWC Citrus & So. Hightland Ave.

Fontana, CA.

PROJECT

LIGHTING PLAN

REVISED
1 2
3 4
5 L5.2
N
00 20'
80'
40'
SCALE: 1" = 20'-0"
60495
61496
62497

FIRE RISER
ROOM

PREP AREA
105
COOLER
106

DINING ROOM
100

VESTIBULE
116
SELF

SERVING

BAR AREAKITCHEN AREA
103

DRIVE THRU
CL
CL
CL
POTATO

PEELING
107

KITCHEN

ACCESSORY
AREA
104
POTATO

STORAGE
115

DRESSING
109

DRESSING
110
OFFICE
108

MIS ROOM
108A
74 seatsA12.0
1 2
3 4
2A
1 4
5 4A
3A
3 9
10 8
2 C1
C1
C
C
F
G
H
I
J
B
A
A12.0
5 6
7 8

SERVING
AREA
102
A12.1
1 2
3 A12.1
1 4
5 6
A12.0
9 10
11 12
A12.1
9 7
8 A12.1
14 15
16 17 A12.1
10 11
12 13
A12.1
18 19
20 21
A12.1
30 31
32 33
EE1K
L
A12.1
18 19
20 21
℄
A12.0
14 15
16 13
A12.0
9 14
A15.0
5 A15.0
14 A15.0
5 A15.0
1 A16.0
5 A15.0
B
A10.0
2 A8.0
A
A10.0
A
A10.0
D
A10.1
2 A9.0
C
A10.1
B
A10.0
1 A8.0
C
A10.1
E
A10.1
1 A9.0
1 A16.0
5 A16.1
1 A16.0
5 A15.0
11 A14.0
14 A17.0
14 A17.0
5 A15.0
6 A15.0
1 A16.0
1 A15.02
A15.0
4 A15.0 1
A15.0
SIM
4 A15.0 6
A15.0
1 A15.0
2 A15.0
1 A16.0
1 A15.0
3 A16.1
5 A16.1
12 A16.0
12 A16.0
SIM
3 A19.0
7 A14.0
10 A14.0
6 A14.08
A14.0
7 A17.0
5 A17.0
3 A16.1
5 A15.0

GENERAL NOTES
C
13 A16.1
A12.017
SCALE:
1 A5.0

FLOOR PLAN
1/4" = 1'-0"

C CL L L
5 A15.0
1 A16.0
1 A16.0
5 A15.0
2 A16.0
OPP.
9 A17.0
F
A10.1
CL LC

HALLWAY
111

WOMEN'S
113

RESTROOM

VESTIBULE
114
6 6A
7 MEN'S
112
A12.1
22 23
24 25
A12.1
26 27
28 29
A19.0/1
1 2 4
1/A19.0
3 2/A19.02
3 4
2/A19.0
1 7
A14.0
SIM.
";EXIT
";EXIT

5 A20.0
9 A20.0
THE INFORMATION, DRAWINGS AND SPECIFICATIONS SHOWN ARE AND SHALL REMAIN THE PROPERTY OF IN-N-OUT BURGER.

THESE DOCUMENTS MAY NOT BE USED WITHOUT THE EXPRESSED WRITTEN CONSENT OF IN-N-OUT BURGERS.

SHEET OF 1
13502 HAMBURGER LANE
BALDWIN PARK, CA 91706
R
SCALE: 1/4"=1'-0"
0'5'10'
R R

FONTANA, CA

NWC CITRUS & HIGHLAND
A5.0 FLOOR PLAN
63498
64499
"GOD BLESS AMERICA"
13502 HAMBURGER LANE
BALDWIN PARK, CA 91706

FONTANA, CA
NWC CITRUS & S. HIGHLAND AVE.

ISSUED: 12/14/22

BONE CHINA STUCCO, PRO LEDGE BLACK FOREST WAINSCOT, METAL AWNINGS WITH RED PALMS 65500
"GOD BLESS AMERICA"
13502 HAMBURGER LANE
BALDWIN PARK, CA 91706

FONTANA, CA
NWC CITRUS & S. HIGHLAND AVE.

ISSUED: 12/14/22

BONE CHINA STUCCO, PRO LEDGE BLACK FOREST WAINSCOT, METAL AWNINGS WITH RED PALMS 66501

2.42.11.81.51.31.10.90.91.01.1 2.42.32.22.12.21.91.41.21.21.3

2.62.52.94.87.66.73.01.51.41.5 2.83.05.1

1.41.6 3.43.57.6

1.51.6 3.73.56.3

8.62.9 3.63.34.0

10.64.0 3.43.36.1

10.66.7 3.12.86.0

11.95.8 2.62.22.4

11.44.2 2.62.27.9

11.63.6 3.02.712.5

13.63.3 3.13.011.68.78.44.914.94.11.71.7

3.23.012.912.59.72.92.51.81.41.4

3.02.32.72.92.92.52.11.71.41.3 2.61.62.22.52.62.42.31.81.51.1

2.52.12.12.32.52.32.22.01.71.6 2.42.01.92.02.02.02.01.91.61.5

1.82.32.93.33.63.83.83.63.63.33.23.13.02.92.82.82.72.52.32.01.61.31.00.80.70.81.01.11.31.21.31.2 2.12.43.13.84.14.24.24.14.03.93.83.63.33.13.13.12.82.32.32.11.81.31.00.80.81.01.11.31.41.51.51.4

1.82.32.03.24.04.84.74.13.93.94.44.34.03.53.03.03.23.12.72.42.11.81.31.00.80.81.01.31.51.41.31.31.4 2.22.52.93.64.45.45.13.83.64.14.94.64.43.83.22.63.13.53.02.62.21.8

1.21.51.31.21.31.4 2.43.03.64.55.56.35.95.24.95.05.45.35.14.64.03.83.94.23.83.12.41.8

1.31.51.41.31.31.4 2.63.44.35.46.36.76.66.36.16.15.95.95.75.44.84.54.64.54.03.42.61.8

1.31.41.51.51.51.4 2.83.64.55.66.46.87.06.86.66.46.26.15.95.65.24.84.94.53.93.32.61.8

1.21.41.51.51.51.4 2.73.44.35.46.26.77.06.66.26.26.46.35.85.35.04.84.84.33.73.12.41.6

1.21.31.41.21.21.2 2.52.93.94.96.06.36.05.45.35.76.05.95.54.94.23.94.04.03.52.92.01.3

1.21.31.31.00.90.9 1.92.42.73.44.35.65.74.74.54.15.05.04.94.84.33.53.33.33.73.22.51.81.2

1.31.31.20.90.70.6 1.92.43.03.74.55.55.54.84.34.04.64.64.64.54.03.33.13.23.63.22.61.91.5

1.41.41.20.90.7 1.92.53.44.24.95.25.45.14.64.34.34.54.64.33.83.53.43.53.63.43.02.42.0

1.51.51.31.00.8 1.92.63.24.14.74.95.25.14.74.44.14.14.13.93.73.73.73.93.73.43.12.72.42.12.12.12.01.81.51.61.41.2

1.82.42.93.54.24.74.94.74.34.23.93.73.73.53.53.43.43.83.83.53.12.82.52.42.42.42.11.61.41.41.51.4 1.52.02.62.93.43.94.34.34.03.73.63.43.33.33.23.13.33.63.63.43.02.22.42.62.52.32.11.71.31.31.41.3

1.11.62.22.42.33.13.53.83.63.33.23.13.03.02.92.83.13.33.43.22.61.62.22.52.52.42.21.81.51.11.6 1.01.51.92.12.42.83.13.33.33.13.02.92.82.82.82.62.82.83.03.02.52.12.12.32.52.32.22.01.71.61.4

1.01.31.51.92.42.72.92.92.92.92.82.82.82.72.72.52.52.62.82.92.42.01.92.02.02.02.01.91.61.51.2 0.81.01.31.72.12.42.72.82.52.42.52.82.92.72.42.02.12.42.72.62.32.21.91.81.71.71.71.61.31.2

0.60.81.11.41.72.02.42.52.22.02.22.62.72.62.31.91.92.22.52.42.22.01.61.41.41.31.31.21.0 0.60.81.11.41.72.02.22.01.62.02.42.62.62.31.91.62.02.22.22.11.71.21.01.00.90.80.8

0.50.71.01.31.51.71.91.92.12.22.42.42.32.01.91.91.81.81.71.30.90.60.50.50.5 PROJECT NUMBER

SHEET NUMBER

SHEET TITLE

GOD BLESS AMERICA

PROJECT NAME
14901 Quorum Dr. #565 Dallas, TX 75254rtmec.com | 972.387.3500 PROTOTYPE VERSION16C.2.127IN-N-OUTBURGERFONTANACALIFORNIANWC CIRTRUS &S HIGHLAND AVEFONTANA, CA 92337 210975

REVISION RECORD

ISSUE RECORDDATEDESCRIPTION

PROFESSIONAL SEAL
SITE LIGHTINGPHOTOMETRIC PLANE11.0

STATISTICS
CALC ZONE #22.9 FC7.0 FC0.5 FCCALC ZONE #13.3 FC14.9 FC14.0:15.8:129.8:16.6:10.5 FC 67502
SCALE
5 DOUBLE GATE DETS3" = 1'-0"
SCALE
4 MAN GATE DTLS3" = 1'-0"
SCALE
9 NOT USEDNONE
11'-9"
T.O. FASCIA
10'-0"
B.O. BEAM
SCALE
12 CORNICE DETAIL1 1/2" = 1'-0"
SCALE
10 DOUBLE GATE SLIDE BOLT1 1/2" = 1'-0"
SCALE
8 CANE BOLT1 1/2" = 1'-0"
3'-4"

ABOVE PAVING
SCALE
11 COL/GATE HINGE DTL.1" = 1'-0"
SCALE
15 GATE HINGE DETAIL1" = 1'-0"
SCALE
6 GATE-HINGE JAMB1" = 1'-0"
SCALE
14 HOSE BIB DETAIL3/4" = 1'-0"
ELEV 2'-6 1/2"
13 A17.0
12 A13.0
SIM
12 A13.0
10'-0"

BO BEAM
11'-9"

TO FASCIA
10'-0"
TO CMU
11'-9"

TO FASCIA
11 A13.0
SIM
SCALE
16 WALL SECTION1/2" = 1'-0"
SCALE
13 WALL SECTION1/2" = 1'-0"
13 A17.0
0'-0"

TO SLAB
0'-0"

TO SLAB
SCALE
1 ELEVATIONS1/4" = 1'-0"
SCALE
3 FLOOR PLAN1/4" = 1'-0"
SCALE
7 ROOF PLAN1/4" = 1'-0"
1 1
2 2

ELEVATION 'A'

ELEVATION 'C'ELEVATION 'D'

ELEVATION 'B'
15 A13.0
8 A13.0TYP
1 EP-1
EP-1
5 A13.0
4 A13.0
SIM
6 A13.0
SIM
EP-1
1 EP-1
1 EP-1
EP-1
EP-1
EP-1
EP-1
2 1
EP-1
1 EP-1
1 2
EP-1
EP-1
EP-4
EP-1
8'-0"
TO CMU
10'-0"

BO BEAM
11'-9"

TO FASCIA
8'-0"
TO CMU
10'-0"

BO BEAM
11'-9"

TO FASCIA
2'-6 1/2"

TO STONE CAP
2'-6 1/2"

TO STONE CAP
2 14
A13.0
4 A13.0
1A
A13.0
1D
A13.0
16 A13.0
TYP
1B
A13.0
13 A13.0TYP
6 A13.0
11 A13.0
1C
A13.0
SLOPE
1/8" / FT
12 A13.0
SLOPE
1/4" / FT
SLOPE
1/4" / FT
12 A13.0
5 A13.0
SCALE
2 R.C.P.1/8" = 1'-0"

TRASH ENCLOSURE

PLANS & ELEVATIONS
OPTION "C"
A13.0

PROJECT NUMBER

SHEET NUMBER

SHEET TITLE

ISSUE RECORD

PROFESSIONAL SEAL

DESCRIPTIONDATE

IN-N-OUT
BURGER

FONTANA, CA

GOD BLESS AMERICA

URBAN DESIGN PROTOTYPE

REVISION RECORD

PROJECT NAME
Architecture / Development
14901 Quorum Drive
Dallas Texas 75254
Suite 300
Ph: (972) 239-8884
Fax: (972) 239-5054
68503
XXXX
2 EP-112EP-12EP-2
9 2EP-12EP-3 10912EP-1 2EP-252EP-12EP-3 10
9 11
5 7
2EP-242EP-32EP-22EP-24 62EP-2
C1CC1B

TOP OF SLAB
10'-1"
BOT. OF TRUSS
13'-7"

TOP OF CANOPY
19'-10"

TOP OF PARAPET
1 A17.0
SIM
3 A16.0
4 A16.0
3 A16.0
5 A15.0
1 A16.0
7 7
19EP-3
16'-0"

CENTER OF SIGN LETTERS

TOP OF SLAB
6 6
66666
2"
6"
2"
6"
SCALE:
2 A8.0

EAST ELEVATION
1/4" = 1'-0"
3 A16.0
14 A15.0
RECESSED KNOX BOX AT 5'-0" HIGH TO THE RIGHT OF FIRE RISER ROOM. SEE DETAIL 10/A17.0 1/4" WIDE METAL PENN SCREED: SEE DETAIL 4/A16.0. ALIGN CONTROL JOINTS ON DRIVE-THRU CANOPY FASCIA WITH CONTROL JOINTS ON BOTTOM OF SOFFIT.
4" MIN. HIGH WHITE LETTERING "RISER ROOM" ON RED BACKGROUND SIGN. MOUNT ON RISER ROOM DOOR ALUMINUM WINDOWS: CLEAR ANODIZED ALUMINUM.

ALUMINUM STOREFRONT DOORS: CLEAR ANODIZED ALUMINUM.

BONE CHINA
REMARKS COLOR NAME MFR. NO.

EXTERIOR PAINT SCHEDULE
SLOPED ALUMINUM WINDOWS: U.S. ALUMINUM S-010. GLASS JOINTS TO HAVE POLISHED EDGES WITH SILICONE JOINTS.

REDWOOD FRAMES TO BE PRIMED WITH AXALTA IMRON IND 9P01 - PRIMER CAN BE TINTED GRAY. FINISH COAT TO BE AXALTA IMRON IND 9T01 TINTED CUSTOM COLOR EP-4.

IN-N-OUT BURGER ILLUMINATED LOGO SIGN: UNDER SEPARATE PERMIT.

STUCCO: 20/30 FINE SAND FLOAT FINISH

KEY NOTES
BUILDING ADDRESS NUMBERS TO BE 12" HIGH, 4" MIN. W/ MIN. STROKE WIDTH OF 0.5 INCH PER FIRE DEPARTMENT AND CITY JURISDICTION ADDRESS DISPLAY REQUIREMENTS:

1. ADDRESS SHALL BE DISPLAYED & VISIBLE FROM BOTH STREET DIRECTIONS OF APPROACHING VEHICLES.

2. PERMANENT NUMBERS AND LETTERS SHALL BE MADE OF DURABLE AND CLEARLY VISIBLE MATERIAL SUCH AS WOOD, METAL, CERAMIC, PLASTIC AND VINYL. (PAINTED OR GLUED ON NUMBERS ARE NOT ACCEPTABLE MATERIALS).

3. NUMBERS SHALL BE OF COLORS CONTRASTING WITH BACKGROUND TO WHICH THEY ARE ATTACHED.

4. NUMBERS SHALL BE A MINIMUM PROPORTION RATIO OF 6:1 (HEIGHT TO WIDTH).

5. NUMBERS CANNOT BE SPELLED.
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
EP-3
EP-2
EP-1
HOLLOW METAL DOOR: SEE SHEET A11.0, HM DOORS AND JAMBS SHALL HAVE POWDER COAT FINISH AS FOLLOWS:

INTERIOR DOORS- TIGER DRYLAC - SMOOTH, HIGH GLOSS FINISH, "BENGAL WHITE", EXTERIOR DOORS- CARDINAL - GLOSS, SMOOTH FINISH, "BONE CHINA" OR TO MATCH EXTERIOR STUCCO PAINT COLOR - (VERIFY ELEVATIONS- EP-1). WHERE FIELD

PAINTING DOORS AND JAMBS IS NECESSARY- NOT RECOMMENDED, THE ALTERNATE WOULD BE TO USE AXALTA IMRON IND 9P01 WHITE PRIMER. FINISH COAT TO BE AXALTA IMRON IND 9T01 GLOSS WHITE. EXTERIOR HM DOORS & JAMBS- USE SAME PRODUCT TINTED TO MATCH EXTERIOR BUILDING PAINT COLOR EP-1. NOTE- TRASH ENCLOSURE METAL DOORS AND POSTS TO BE FIELD PAINTED USING AXALTA IMRON AS DESCRIBED ABOVE. 5'-0" HIGH STUB OUT FOR Co2 LINE
RECESSED 8' LED LIGHT FIXTURE IN SOFFIT. SEE DETAIL 9/A17.117 18 TEXTURE EXPOSED FOUNDATION WALL BELOW STUCCO WEEP SCREED AND PAINT TO MATCH WALL.19 PRIME W/ D.E. ULTRA-GRIP

PREMIUM PRIMER
ARISTOSHIELD 70
MODELCOLOR #
DEW 339
FINISH

BONE CHINA

BONE CHINA
EP-4INO RED
A84W01151
DUNN

EDWARDS
DUNN

EDWARDS
HIGH
GLOSS
HIGH
GLOSS
HIGH
GLOSS
HIGH
GLOSS
STUCCO: PRIME W/ LOXON CONCRETE & EXT
LATEX PRIMER WHITE - A24W08300.

GALV METAL: PRIME W/ GALVITE HS ACRYLIC
COATING - B50WZ0030, OFF WHITE
SEE REMARKS FOR EP-1 ALT MFR. ALT.

MFR.

A84W01151 SHERWIN

WILLIAMS
HIGH
GLOSS

SUPER PAINT
LATEX
ALT.

MFR.

A84W01151 SHERWIN

WILLIAMS
HIGH
GLOSS

SUPER PAINT
LATEX
SEE REMARKS FOR EP-1 ALT MFR.

IN-N-OUT

BONE CHINA

IN-N-OUT

BONE CHINA

IN-N-OUT

BONE CHINA
L.E.D. DOUBLE BAND LIGHTING: UNDER SEPARATE PERMIT.

HIGH
GLOSS
DUNN

EDWARDS
ALT.

MFR.

SHERWIN

WILLIAMS

SUPER PAINT
LATEX
ARISTOSHIELD 70
ARISTOSHIELD 70
IMRON
DEW 339
DEW 339
PRIME W/ D.E. ULTRA-GRIP

PREMIUM PRIMER
PRIME W/ D.E. ULTRA-GRIP

PREMIUM PRIMER
PRIMER: AXALTA IMRON IND 9P01. PRIMER CAN BE

TINTED GRAY
FINISH COAT: AXALTA IMRON IND 9T01 GLOSS

POLYURETHANE
COLOR FORMULA: NON-CUM GUIDE 2/20/20
MIX SIZE: 102.4OZ (GALLON)
9T04 VIOLET321.2
9T10 RED-ORANGE 349.3
9T13 ORANGE 2577.6

SEE REMARKS

FOR COLOR

FORMULA
AXALTA
NOT USED.

STONE VENEER - "BLACK FOREST" PRO-LEDGE BY CORONADO STONE WITH MATCHING CORONADO STONE WAINSCOT SILL. APPLY PER MFR RECOMMENDATIONS. DRY STACK.

METAL AWNINGS: COLOR TO BE ANODIZED ALUMINUM. REFER TO SHEET A17.3. 7 2EP-31021225 EP-1EP-2 EP-1
2EP-12EP-3 10 9
2EP-2
2EP-2 2EP-1 12EP-110
2EP-3 2EP-1 10
7 2 EP-3
5 9
C1A
2EP-2
4 6
62EP-33
2EP-22EP-2 172EP-2 6
19'-10"

TOP OF PARAPET
23'-0"

TOP OF PARAPET

TOP OF SLAB
19'-10"

TOP OF PARAPET
3 A16.0
4 A17.1
12 A17.1
3 A16.0
5 A15.0
1 A16.0
9 A17.0
3 A16.0
4 A16.0
19EP-3
16'-0"

CENTER OF SIGN LETTERS
2EP-2 6 62EP-2

TOP OF SLAB
6 SCALE:
1 A8.0

NORTH ELEVATION
1/4" = 1'-0"
17 7
13'-7"
TOP OF CANOPY 16
A15.0
SIM11'-0 1/4"

ARCH SPRINGPOINT
2 3
1 2'-6 1/2"
T.O. STONE
2'-6 1/2"
T.O. STONE
23'-0"
T.O. PARAPET
24'-0"
T.O. PARAPET
12EP-112EP-1
2'-6 1/2"
T.O. STONE
2'-6 1/2"
T.O. STONE
23'-0"
T.O. PARAPET
24'-0"
T.O. PARAPET
12EP-1
12EP-112EP-1
THE INFORMATION, DRAWINGS AND SPECIFICATIONS SHOWN ARE AND SHALL REMAIN THE PROPERTY OF IN-N-OUT BURGER.

THESE DOCUMENTS MAY NOT BE USED WITHOUT THE EXPRESSED WRITTEN CONSENT OF IN-N-OUT BURGERS.

SHEET OF 1
13502 HAMBURGER LANE
BALDWIN PARK, CA 91706
R
SCALE: 1/4"=1'-0"
0'5'10'
R R

FONTANA, CA

NWC CITRUS & HIGHLAND
ELEVATIONS A8
69504
39 10
L
C1 C
F H J E1
K
E
2EP-1 2EP-2
12EP-1
10 2EP-1 2 EP-3102 EP-32109 EP-12EP-112EP-1 10 2EP-2
2EP-3
9 12EP-12EP-1
2EP-2
8 9
2EP-213132EP-3
15 6
2EP-1 2EP-310
9 2 EP-32 EP-28
2EP-24
82 EP-22 EP-3
10 9 2EP-12EP-1 12EP-1
12EP-1 102EP-1
2EP-110
7 7
2EP-3
9 2EP-3
7 TOP OF SLAB
19'-10"

TOP OF PARAPET
10'-1"

TOP OF PLATE
13'-7"

TOP OF CANOPY

TOP OF SLAB
19'-10"

TOP OF PARAPET
10'-1"

TOP OF PLATE
13'-7"

TOP OF CANOPY
23'-0"

TOP OF TOWER

TOP OF SLAB
19'-10"

TOP OF PARAPET
10'-1"
BOT. OF TRUSS
13'-7"

TOP OF CANOPY
23'-0"

TOP OF PARAPET
19'-10"

TOP OF PARAPET
4 A16.0
3 A16.0
1 A17.0
SIM
12B
A15.0
3 A16.0
1 A16.0
1 A16.0
1 A15.0
3 A16.0
3 A16.0
1 A17.0
EP-1
14 A14.0
5 A17.0
7 7
12 7

ELECTRICAL
ROOM
RISER
ROOM
7 19
666 6 EP-3
2"
6"
2"
6"
2"
6"
EP-3
19EP-319EP-3
16'-0"

CENTER OF SIGN LETTERS
16'-3"

CENTER OF SIGN LETTERS
5 A15.0

TOP OF SLAB
2 EP-1
6 666 6
6"
2"
6 6
6 1
A16.0
14 SCALE:
2 A9.0

WEST ELEVATION
1/4" = 1'-0"
SCALE:
1 A9.0

SOUTH ELEVATION
1/4" = 1'-0"
14 A14.0
4 A16.0
16 12EP-1
3A
13 23'-0"

TOP OF PARAPET
13 EP-3
7 RECESSED KNOX BOX AT 5'-0" HIGH TO THE RIGHT OF FIRE RISER ROOM. SEE DETAIL 10/A17.0 1/4" WIDE METAL PENN SCREED: SEE DETAIL 4/A16.0. ALIGN CONTROL JOINTS ON DRIVE-THRU CANOPY FASCIA WITH CONTROL JOINTS ON BOTTOM OF SOFFIT.
4" MIN. HIGH WHITE LETTERING "RISER ROOM" ON RED BACKGROUND SIGN. MOUNT ON RISER ROOM DOOR ALUMINUM WINDOWS: CLEAR ANODIZED ALUMINUM.

ALUMINUM STOREFRONT DOORS: CLEAR ANODIZED ALUMINUM.

BONE CHINA
REMARKS COLOR NAME MFR. NO.

EXTERIOR PAINT SCHEDULE
SLOPED ALUMINUM WINDOWS: U.S. ALUMINUM S-010. GLASS JOINTS TO HAVE POLISHED EDGES WITH SILICONE JOINTS.

REDWOOD FRAMES TO BE PRIMED WITH AXALTA IMRON IND 9P01 - PRIMER CAN BE TINTED GRAY. FINISH COAT TO BE AXALTA IMRON IND 9T01 TINTED CUSTOM COLOR EP-4.

IN-N-OUT BURGER ILLUMINATED LOGO SIGN: UNDER SEPARATE PERMIT.

STUCCO: 20/30 FINE SAND FLOAT FINISH

KEY NOTES
BUILDING ADDRESS NUMBERS TO BE 12" HIGH, 4" MIN. W/ MIN. STROKE WIDTH OF 0.5 INCH PER FIRE DEPARTMENT AND CITY JURISDICTION ADDRESS DISPLAY REQUIREMENTS:

1. ADDRESS SHALL BE DISPLAYED & VISIBLE FROM BOTH STREET DIRECTIONS OF APPROACHING VEHICLES.

2. PERMANENT NUMBERS AND LETTERS SHALL BE MADE OF DURABLE AND CLEARLY VISIBLE MATERIAL SUCH AS WOOD, METAL, CERAMIC, PLASTIC AND VINYL. (PAINTED OR GLUED ON NUMBERS ARE NOT ACCEPTABLE MATERIALS).

3. NUMBERS SHALL BE OF COLORS CONTRASTING WITH BACKGROUND TO WHICH THEY ARE ATTACHED.

4. NUMBERS SHALL BE A MINIMUM PROPORTION RATIO OF 6:1 (HEIGHT TO WIDTH).

5. NUMBERS CANNOT BE SPELLED.
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
EP-3
EP-2
EP-1
HOLLOW METAL DOOR: SEE SHEET A11.0, HM DOORS AND JAMBS SHALL HAVE POWDER COAT FINISH AS FOLLOWS:

PREMIUM PRIMER
ARISTOSHIELD 70
MODELCOLOR #
DEW 339
FINISH

BONE CHINA

BONE CHINA
EP-4INO RED
A84W01151
DUNN

EDWARDS
DUNN

EDWARDS
HIGH
GLOSS
HIGH
GLOSS
HIGH
GLOSS
HIGH
GLOSS
STUCCO: PRIME W/ LOXON CONCRETE & EXT
LATEX PRIMER WHITE - A24W08300.

GALV METAL: PRIME W/ GALVITE HS ACRYLIC
COATING - B50WZ0030, OFF WHITE
SEE REMARKS FOR EP-1 ALT MFR. ALT.

MFR.

A84W01151 SHERWIN

WILLIAMS
HIGH
GLOSS

SUPER PAINT
LATEX
ALT.

MFR.

A84W01151 SHERWIN

WILLIAMS
HIGH
GLOSS

SUPER PAINT
LATEX
SEE REMARKS FOR EP-1 ALT MFR.

IN-N-OUT

BONE CHINA

IN-N-OUT

BONE CHINA

IN-N-OUT

BONE CHINA
L.E.D. DOUBLE BAND LIGHTING: UNDER SEPARATE PERMIT.

HIGH
GLOSS
DUNN

EDWARDS
ALT.

MFR.

SHERWIN

WILLIAMS

SUPER PAINT
LATEX
ARISTOSHIELD 70
ARISTOSHIELD 70
IMRON
DEW 339
DEW 339
PRIME W/ D.E. ULTRA-GRIP

PREMIUM PRIMER
PRIME W/ D.E. ULTRA-GRIP

PREMIUM PRIMER
PRIMER: AXALTA IMRON IND 9P01. PRIMER CAN BE

TINTED GRAY
FINISH COAT: AXALTA IMRON IND 9T01 GLOSS

POLYURETHANE
COLOR FORMULA: NON-CUM GUIDE 2/20/20
MIX SIZE: 102.4OZ (GALLON)
9T04 VIOLET321.2
9T10 RED-ORANGE 349.3
9T13 ORANGE 2577.6

SEE REMARKS

FOR COLOR

FORMULA
AXALTA
NOT USED.

STONE VENEER - "BLACK FOREST" PRO-LEDGE BY CORONADO STONE WITH MATCHING CORONADO STONE WAINSCOT SILL. APPLY PER MFR RECOMMENDATIONS. DRY STACK.

METAL AWNINGS: COLOR TO BE ANODIZED ALUMINUM. REFER TO SHEET A17.3. 8'-9"

ARCH SPRINGPOINT
11'-0 1/4"
ARCH SPRINGPOINT 16
A16.0
4 A15.0
2'-6 1/2"
T.O. STONE
24'-0"
T.O. PARAPET
2'-6 1/2"
T.O. STONE
2'-6 1/2"
T.O. STONE
2'-6 1/2"
T.O. STONE
23'-0"
T.O. PARAPET
ELEVATIONS A9
THE INFORMATION, DRAWINGS AND SPECIFICATIONS SHOWN ARE AND SHALL REMAIN THE PROPERTY OF IN-N-OUT BURGER.

THESE DOCUMENTS MAY NOT BE USED WITHOUT THE EXPRESSED WRITTEN CONSENT OF IN-N-OUT BURGERS.

SHEET OF 1
13502 HAMBURGER LANE
BALDWIN PARK, CA 91706
R
SCALE: 1/4"=1'-0"
0'5'10'
R R

FONTANA, CA

NWC CITRUS & HIGHLAND
70505
SCALE: 1/4" = 1'-0"
19'-10"
23'-0"
23'-0"
10'-7"
23'-0"
19'-10"

WEST ELEVATION

SOUTH ELEVATION
ELEVATIONS 1

FONTANA, CA

NWC CITRUS & HIGHLAND
71506
SCALE: 1/4" = 1'-0"
13'-7"
23'-0"
19'-10"
13'-7"
19'-10"
23'-0"

EAST ELEVATION

NORTH ELEVATION
ELEVATIONS 2

FONTANA, CA

NWC CITRUS & HIGHLAND
72507

ATTACHMENT NO. 4

CENSUS TRACT

23.08 BOUNDARY
DATE: January 17, 2023
CASE: Master Case No. 20-083
Tentative Parcel Map No. 20464
(TPM No. 20-021)
Variance No. 22-001
Conditional Use Permit No s. 20-025,
22-018, 22-019, & 22-028
Design Review No. 20-031

CITY OF FONTANA PLANNING DEPARTMENT Project Site
73508
kimley-horn.com 1100 Town and Country, Suite 700, Orange, CA 92868 714 939 1030 August 24, 2022
Mr. Ray Allard
Citrus Development, LLC
16866 Seville Avenue
Fontana, CA 92335
Subject: Shared Parking Assessment for the Proposed Fontana Square Project in the City of Fontana
Dear Mr. Allard,
The purpose of this memorandum is to provide a shared parking assessment for the proposed Fontana Square project to demonstrate that the proposed parking supply will satisfy the peak parking demand for the proposed project. The parking analysis includes a comparison between the project’s parking requirement, based on Section 30-685 of the City of Fontana Municipal Code, and the proposed parking supply, to determine whether there is a parking surplus or deficit. The parking assessment also includes a shared parking analysis based on the Urban Land Institute’s (ULI) Shared Parking (3 rd Edition) methodology.

PROJECT DESCRIPTION
The proposed project is located on the northwest corner of Citrus Avenue and South Highland Avenue in the City of Fontana. The project site is currently vacant. The applicant proposes to develop the following uses for the project site:
· 7,610 square-foot (SF) Banquet Hall
· 184-Room Staybridge Suites/Holiday Inn Express Hotel
· 5,000 SF Sit-Down Restaurant
· 3,885 SF In-N-Out Burger1
A copy of the project site plan is shown on Figure 1.

PARKING ASSESSMENT
City staff has requested a shared parking assessment be conducted to justify any adjustment of parking requirements from the City’s Municipal Code. Ultimately, this assessment will help determine whether the Fontana Square project will satisfy the peak parking demand with the proposed parking supply, based on the Urban Land Institute’s (ULI) Shared Parking (3rd Edition) methodology. 1 The In-N-Out Burger will be self-parked and has been excluded from the shared parking analysis. 74509

Mr. Allard, August 24, 2022, Page 2
kimley-horn.com 1100 Town and Country, Suite 700, Orange, CA 92868 714 939 1030 City of Fontana Parking Requirements
The City of Fontana Municipal Code has established regulations regarding minimum parking requirements for all development sites, based on the type of land use. The City’s parking requirements for the proposed uses on the site, as indicated in Section 30-685 of the City of Fontana Municipal Code, are as follows:

Banquet Hall
· 1 parking space for each 40 square feet of floor area in the principal assembly area and/or overflow area
Office
· 1 parking space for each 250 square feet of gross floor area Hotel
· 1 parking space for each guest room, and required spaces for restaurants, lounge, banquet, or meeting rooms, and 1 space per employee on maximum shift Restaurant
· 1 parking space for each 100 square feet of gross floor area; · Outdoor seating shall be parked at 1 parking space for each 200 square feet of patio area provided that the patio area is less than 50% of the indoor dining area. If the outdoor seating exceeds 50% of the indoor seating area it shall be parking at 1 parking space per 100 feet of patio area.

Required Parking – Proposed Conditions
The In-N-Out Burger portion of the site will be self-parked. Per the City’s parking requirements, the In- N-Out Burger would have a parking requirement of 45 spaces. The parking supply would be 61 spaces, resulting in a surplus of 16 parking spaces for the In-N-Out Burger portion of the site, compared to City code.

A summary of the City’s parking requirements for the remainder of the site is provided on Table 1. Per the parking requirements noted above, the proposed parking requirement for the project site is 435 parking spaces. The site will provide 370 parking spaces, resulting in a deficit of 65 parking spaces (or 15% below the City’s parking requirements), compared to City code.

Parking Recommendations – Urban Land Institute (ULI)
The Urban Land Institute’s (ULI’s) Shared Parking, 3rd Edition (ULI Shared Parking) provides base parking ratios that can be utilized for parking calculations.

Recommended base parking ratios included in the ULI Shared Parking were used to determine the parking requirements for the proposed land uses. The base parking demand ratios and the parking demand generation estimates for the proposed land uses are shown in Table 2. The base ratios and estimates were used as part of the shared parking analysis. 75510

Mr. Allard, August 24, 2022, Page 3
kimley-horn.com 1100 Town and Country, Suite 700, Orange, CA 92868 714 939 1030 Based on the ULI recommended base ratios, the proposed parking demand for the project site would be 330 parking spaces. The site will provide 370 parking spaces, resulting in a surplus of 40 parking spaces, compared to ULI recommended parking ratios.

SHARED PARKING
Urban Land Institute (ULI) Shared Parking Assessment
The Urban Land Institute (ULI) documents shared parking characteristics in their Shared Parking, 3rd Edition Publication. Furthermore, the ULI parking rates reflect the distribution between customer and employee parking demand, and adjusts the overall demand based on monthly and hourly peak demands.

Generally, shared land uses within a single development can experience peak parking demands at various times throughout the day and would therefore not require the full parking for all land uses involved.

The ULI Shared Parking methodology is a multi-step process that, first, establishes the stand-alone peak parking requirements for individual uses, such as office, retail, restaurant, and hotel uses. The methodology then applies a percentage to the peak requirement for each use, for each hour of the day between the hours of 6:00 AM and midnight, reflecting the fact that the parking demand for each use varies throughout the course of the day.

Beneficial shared parking synergies exist between different uses whose peak operating times occur at different times of the day. An example of complementary uses for shared parking purposes are office and theatre. When the office parking demand is at 100% (at 10:00 and 11:00 in the morning on a weekday), the theatre parking demand is at 0%, according to the ULI Shared Parking document, Table 2-

5. Conversely, when the theatre parking demand is at 100% (from 8:00 to 10:00 on a weekend night), the office has virtually no parking demand. These two uses, then, can share all or a portion of the same parking supply without detriment to the other, rather than each providing their own distinct and complete parking study.

The ULI study also identifies monthly variations in parking demand for each use for each month of the year. Parking demand for retail peaks in the month of December, during the holiday season, and is at less than 75% from January through October. A health club, on the other hand, is at its peak during January.

Each of these factors are applied to the proposed condition and incorporated into spreadsheets, which are summarized and provided in Attachment A. Applying these factors to a particular mix of integrated land uses yields a projected peak parking requirement, at a particular time of day (weekday and weekend) and season. In theory, the actual parking needs for that mix of uses will not exceed the projected peak, due to the interrelationships and benefits of shared parking synergies. 76511

Mr. Allard, August 24, 2022, Page 4
kimley-horn.com 1100 Town and Country, Suite 700, Orange, CA 92868 714 939 1030 The ULI study classifies restaurant use into three categories: Fine/Casual Dining, Family Restaurant, and Fast-Food Restaurant. For purposes of the shared parking analysis, both restaurants were classified as Fast-Food Restaurant.

The shared parking analysis indicates that in the proposed condition, with ULI base ratios, the weekday parking demand for the banquet hall, hotel, and restaurant uses would peak at 178 occupied parking s p a c e s a t 2 : 00 P M i n t h e m o n t h o f O c t o b e r , a n d t he w e e k e n d p a r k i n g d e m a n d w o u l d p e a k a t 1 7 3 occupied parking spaces at 2:00 PM in the month of October. Based on ULI’s recommended parking demand by use, this equates to a shared parking reduction of approximately 46%.

After applying this shared parking reduction to the City’s parking requirement for the proposed project of 435 parking spaces, the adjusted peak parking demand for the proposed project would be 235 parking spaces. The site will provide 370 parking spaces, resulting in a surplus of 135 parking spaces, based on the shared parking analysis. The shared parking reduction and adjusted parking demand is shown in Table 3. Based on the shared parking synergies and fluctuations in peak parking patterns on a monthly, daily, and hourly basis, the parking demand for the combination of land uses would be accommodated with the proposed parking supply.

CONCLUSION
Based on the shared parking synergies and fluctuations in peak parking patterns on a monthly, daily, and hourly basis, the parking demand for the combination of land uses would be accommodated with the proposed parking supply.

Should you have any questions regarding this memorandum, please do not hesitate to contact me at 714-786-6117.

Sincerely,
KIMLEY-HORN AND ASSOCIATES, INC.

Trevor Briggs, P.E.

Project Manager
77512
78513
TABLE 1
FONTANA SQUARE PROJECT
SUMMARY OF PARKING REQUIREMENTS
Quantity/ Parking Required
Unit Capacity Code 1
Parking
Banquet Hall SF 7,610 0.025 191
Rooms 184 1.0 184
Employee 10 1.0 10
Restaurant SF 5,000 0.010 50
TOTAL Parking Required 435
TOTAL Parking Provided 370
Parking Surplus (Deficit) (65)
1 Source: City of Fontana Municipal Code, Section 30-685 Building / Use
Staybridge Suites/Holiday Inn Express (Hotel)
Fontana Square Project
Shared Parking Analysis
Kimley-Horn and Associates, Inc.

August 2022
79514
TABLE 2
FONTANA SQUARE PROJECT
SUMMARY OF ULI PARKING RECOMMENDATIONS
Quantity/ Parking Required
Unit Capacity Code 1
Parking
Banquet Hall KSF 7.61 6.00 46
Rooms 184 1.15 212
Restaurant KSF 5.00 14.40 72
TOTAL Parking Required 330
TOTAL Parking Provided 370
Parking Surplus (Deficit) 40
1 Source: ULI Shared Parking Third Edition
Building / Use
Holiday Inn Express (Hotel)
Fontana Square Project
Shared Parking Analysis
Kimley-Horn and Associates, Inc.

August 2022
80515
TABLE 3
FONTANA SQUARE PROJECT
SUMMARY OF SHARED PARKING REDUCTION
Required
Parking
City Code Parking Requirements 1 435
330
Peak Shared Parking Demand 178
Shared Parking Reduction 46%
TOTAL Adjusted Parking Required 235
TOTAL Parking Provided 370
Parking Surplus (Deficit) 135
1 Source: City of Fontana Municipal Code, Section 30-685 Parking Requirements
ULI Parking Requirements
Fontana Square Project
Shared Parking Analysis
Kimley-Horn and Associates, Inc.

August 2022
81516
Copyright © 2020 All rights reserved. The Urban Land Institute, International Council of Shopping Centers, and National Parking Association.

Project: Fontana Square
Description: NWC Citrus & S Highland Ave
Quantity Unit 2 PM October 2 PM October
Fast Casual/Fast Food 5,000 sf GLA 12.40 100% 67% 8.27 ksf GLA 12.70 100% 68% 8.66 ksf GLA 90% 96% 36 90% 96% 38 Employee 2.00 100% 100% 2.00 2.00 100% 100% 2.00 95% 100% 10 95% 100% 10 Hotel-Business 184 keys 1.00 59% 100% 0.59 key 1.00 69% 100% 0.69 key 60% 95% 62 60% 95% 73 Hotel-Leisure keys 1.00 50% 100% 0.50 key 1.00 50% 100% 0.50 key 70% 75% - 70% 75% - Hotel Employees 184 keys 0.15 100% 100% 0.15 key 0.15 100% 100% 0.15 key 100% 95% 26 100% 95% 26 Restaurant/Lounge sf GLA 6.67 63% 90% 3.78 ksf GLA 7.67 54% 30% 1.24 ksf GLA 33% 96% - 33% 96% - Meeting/Banquet (0 to 20 sq ft/key) sf GLA 0.00 68% 60% 0.00 ksf GLA 0.00 68% 70% 0.00 ksf GLA 65% 100% - 65% 100% - Meeting/Banquet (20 to 50 sq ft/key) sf GLA 0.00 68% 60% 0.00 ksf GLA 0.00 68% 70% 0.00 ksf GLA 65% 100% - 65% 100% - Meeting/Banquet (50 to 100 sq ft/key) sf GLA 0.00 68% 60% 0.00 ksf GLA 0.00 68% 70% 0.00 ksf GLA 65% 100% - 65% 100% - Convention (100 to 200 sq ft/key) 7,610 sf GLA 12.64 68% 60% 5.16 ksf GLA 5.50 68% 70% 2.62 ksf GLA 100% 85% 34 100% 85% 17 Convention (> 200 sq ft/key) sf GLA 5.50 68% 60% 2.24 ksf GLA 5.50 68% 70% 2.62 ksf GLA 100% 85% - 100% 85% - Restaurant/Meeting Employees 7,610 sf GLA 1.29 100% 100% 1.29 ksf GLA 1.29 100% 100% 1.29 ksf GLA 100% 100% 10 100% 100% 10 Office <25 ksf sf GFA 0.30 100% 100% 0.30 ksf GFA 0.03 100% 100% 0.03 ksf GFA 95% 100% - 60% 100% - Reserved empl 0.00 100% 100% 0.00 0.00 100% 100% 0.00 100% 100% - 100% 100% - Employee 3.50 100% 100% 3.50 0.35 100% 100% 0.35 95% 100% - 60% 100% - 132 128
46 46
- -
178 173
Weekend
Shared Parking Demand Summary
Peak Month: OCTOBER -- Peak Period: 2 PM, WEEKDAY
WeekdayWeekendWeekday
Project Data
Land Use
Peak Mo
AdjUnit For
Ratio
Estimated
Parking
Demand
Peak Hr
Adj
Peak Mo
Adj
Office
Base
Ratio
Unit For
Ratio
Estimated
Parking
Demand
Retail
Non-
Captive
Ratio
Project
Ratio
Non-
Captive
Ratio
Project
Ratio
Driving
Adj
Entertainment and Institutions
Hotel and Residential
Food and Beverage
Base
Ratio
Driving
Adj
Peak Hr
Adj
Additional Land Uses
Total
Reserved
Employee/Resident
CustomerCustomer/Visitor
Employee/Resident
Total
Reserved
Fontana Square
Shared Parking Analysis
ATTACHMENT A Kimley-Horn and Associates, Inc.
8/24/2022 82517
Copyright© 2020 The Urban Land Institute, International Council of Shopping Centers, and National Parking Association. All rights reserved.

Project: Fontana Square
Description: NWC Citrus & S Highland Ave
Time Demand Time Demand Time Demand Time Demand
January 12 PM 137 11 AM 135 12 PM 137 6 PM 115
February 2 PM 160 11 AM 159 2 PM 160 6 PM 134
March 2 PM 175 11 AM 173 2 PM 175 6 PM 150
April 2 PM 170 11 AM 168 2 PM 170 6 PM 152
May 2 PM 169 11 AM 167 2 PM 169 6 PM 150
June 2 PM 164 11 AM 163 2 PM 164 6 PM 147
July 2 PM 163 11 AM 161 2 PM 163 6 PM 147
August 2 PM 165 11 AM 164 2 PM 164 6 PM 144
September 2 PM 170 11 AM 168 2 PM 170 6 PM 147
October 2 PM 178 11 AM 176 2 PM 178 6 PM 154
November 2 PM 168 11 AM 166 2 PM 168 6 PM 141
December 12 PM 152 11 AM 149 12 PM 152 6 PM 124
Late December 12 PM 108 11 AM 105 12 PM 108 6 PM 99
Time Demand Time Demand Time Demand Time Demand
January 12 PM 131 11 AM 129 12 PM 131 6 PM 121
February 2 PM 151 11 AM 149 2 PM 151 6 PM 139
March 2 PM 169 11 AM 168 2 PM 169 6 PM 159
April 2 PM 172 11 AM 170 2 PM 172 6 PM 165
May 2 PM 169 11 AM 168 2 PM 169 6 PM 162
June 2 PM 167 11 AM 165 2 PM 167 6 PM 160
July 2 PM 167 11 AM 165 2 PM 167 6 PM 161
August 2 PM 162 11 AM 160 2 PM 162 6 PM 153
September 2 PM 166 11 AM 164 2 PM 166 6 PM 156
October 2 PM 173 11 AM 172 2 PM 173 6 PM 163
November 2 PM 159 11 AM 157 2 PM 159 6 PM 147
December 12 PM 141 11 AM 138 12 PM 141 6 PM 127
Late December 12 PM 115 11 AM 113 12 PM 115 6 PM 112
Eve Peak HrPM Peak HrAM Peak HrOverall Pk
Monthly Comparison Summary
Monthly Comparison Summary
Month
Weekend
Eve Peak HrPM Peak HrAM Peak HrOverall PkMonth
Weekday
Fontana Square
Shared Parking Analysis
ATTACHMENT A Kimley-Horn and Associates, Inc.
8/24/2022 83518
12/13/2022 Page 1
Proposed Fontana Square Project
Shared Parking Assessment Comments and Responses
Comment Response
City of Fontana (3rd Party Review: Fehr and Peers)
Fehr & Peers reviewed the Share Parking Assessment for the Fontana Square project dated August 2022, prepared by Kimley Horn on behalf of the City of Fontana. We have the following comments on the report:

1. We are concerned that the analysis may be underrepresenting the potential parking demand of the site. Given that special events (meetings, conferences, training seminars, etc.) may be held at the banquet hall over the weekend when parking demand for the hotel and sit-down restaurant may be at its highest. We would recommend considering including a Friday evening and weekend peak hour.
a. It may also be appropriate to apply the ULI shared parking time of day ratios to the City’s required parking for the site to determine if sufficient parking supply is provided.

1. The ULI Shared Parking methodology (3 rd Edition) accounts for peak parking demand by month and by time-of-day during a weekday and weekend for all proposed uses, including the 7,610 SF of Banquet Hall.

The proposed hotels are anticipated to be business hotel uses. The ULI shared parking demand shows that the proposed parking supply can accommodate both weekday and weekend parking demand for the proposed project.
a. The ULI methodology was used to determine the percent reduction in parking demand due to shared parking, and the percent reduction was applied to the proposed parking
requirement based on the City’s parking code.

2. Please provide details on how the non-captive ratio assumptions were developed.
a. For example, a 60% non-captive ratio of the banquet hall would indicate that 40% of attendees at events at the banquet hall would also be staying at the hotel.

2. The non-captive ratios were developed based on recommended values for “Typical business hotel, suburban location” in the ULI Share Parking, 3rd Edition (Refer to Figure 4-18 - Suggested Mode and Noncaptive Adjustment Factors for Hotels), which indicated 60% non-captive ratio for weekdays and 70% non-captive ratio for weekends.
84519
ATTACHMENT NO. 6

RESOLUTION NO. PC 2023-____

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

FONTANA RECOMMENDING APP ROVAL OF A RESOLUTION TO

ADOPT THE INITIAL STUDY AND MITIGATED NEGATIVE

DECLARATION AND THE MIT IGATION MONITORING AND

REPORTING PROGRAM (MMRP) AND DIRECT STAFF TO FILE A

NOTICE OF DETERMINATION, AND ADOPT A RESOLUTION TO
APPROVE TENTATIVE PARCEL MAP NO. 20 464 FOR
CONSOLIDATION OF 31 LOTS INTO FOUR (4) PARCELS AND

VACATING A PORTION OF HIGHLAND AVENUE , APPROVE
VARIANCE NO. 22 -001 TO REDUCE THE REAR YARD LANDSCAPE
SETBACK ABUTTING A FREEWAY FROM 25 FEET TO TWO (2) FEET, APPROVE A CONDITIONAL USE PERMIT NO. 20 -025 FOR THE
ESTABLISHMENT OF DUAL BRANDED 5 -STORY HOTEL, APPROVE
CONDITIONAL USE PERMIT NO. 22-019 FOR A TYPE 47 (ON-SALE OF

BEER, WINE, AND DISTILLED SPIRITS) ABC LI CENSE FOR A
BANQUET HALL, APPROVE CONDITIONAL USE PERMIT NO. 22 -028 TO ESTABLISH A 2 -STORY, 38,907 SQUARE FOOT PUBLIC

ASSEMBLY PLACE (BANQUET HALL) AND APPROVE DESIGN
REVIEW NO. 20-031 FOR THE SITE AND ARCHITECTURAL REVIEW

OF A COMMERCIAL RETAIL CENTER THAT INCLUDES A BANQUET

HALL, A HOTEL FACILITY, A RETAIL/RESTAURANT BUILDING, AND

AN IN-N-OUT BURGER DRIVE THROUGH RESTAURANT , TOTALING
169,943 SQUARE FEET OF COMMERCIAL DEVELOPMENT ON A 8.9 ADJUSTED GROSS ACRE PROJECT SITE ( APNS: 0228 -301-01
THROUGH -08, 0228-310-20, -21, -22, -23, 0228-310-33 THROUGH -49, - 51, and 52).

WHEREAS, the City of Fontana received an application on October 5, 2020, for a Tentative Parcel Map No. 20464 (TPM No. 20 -021) – a request to combine 31 parcels into four parcels and vacate a portion of Highland Avenue ; Variance No. 22 -001 - a request to reduce the rear yard landscape setback abutting a freeway from 25 feet to two (2) feet; Conditional Use Permit No. 20 -025 – a request to establish a 5-story hotel; Conditional Use Permit No. 22 -019 – a request to operate a State of California Alcohol Beverage Control (ABC) license type 47 (On-Sale General – Eating Place) for the place of assembly (banquet hall); Conditional Use Permit No. 22 -028 – a request to operate a place of assembly (banquet hall) with in the Fontana Square commercial center; and Design Review No. 20 -031 – a request for the site and architectural review for the development of a commercial retail center which includes a banquet hall, hotel facilities, a sit down restaurant /retail building, and a drive-through restaurant (In-N-Out) on an approximately 8.9 adjusted gross acre site located within General Commercial (C -2) Zoning District.

Project Applicant: Jinder Singh
61380 29 Palms Highway, Suite 15 & 16
Joshua Tree, CA 92252

85520
Resolution No. PC 2023-_____

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Project Location: The project site is located on the northwest corner of South Highland Avenue and Citrus Avenue (APNs: 0228 -301-01 through -08, 0228- 310-20, -21, -22, -23, 0228-310-33 through -49, -51, and 52).

Site Area: Approximately 8.9 adjusted gross acres

WHEREAS, the subject site includes 31 parcels that were annexed from the San Bernardino County into the City of Fontana in October 6, 1981; 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 Exhibits “A, B, C, D, and E” for Tentative Parcel Map 20464 (TPM No. 20-021), Variance No. 22-001, Conditional Use Permit Nos. 20-025, 22-019, 22-028 and Design Review No. 20-031; and
WHEREAS, pursuant to the California Environmental Act (CEQA), an Initial Study/Mitigated Negative Declaration and Mitigation Monitoring Program were completed on December 23, 2022, and concluded that no significant impacts would be caused by the project, t herefore, a Mitigated Negative Declaration has been recommended for adoption; and
WHEREAS, the owners of property within 660 feet of the proposed project site were notified via public hearing notice mailer prior to the Public Hearing; posted at City Hall and onsite at the project site; and
WHEREAS, on January 17, 2023 , a duly noticed public h earing for Tentative Parcel Map No. 20464 (TPM No. 20-021), Variance No. 22-001, Conditional Use Permit Nos. 20-025, 22-019, 22-028 and Design Review No. 20 -031, was held by the Planning Commission (“Commission”) to consider testimony and evidence presented by the applicant, City staff, and other interested parties, at the Public Hearing held with respect hereto; and
WHEREAS, the Planning Commission carefully considered all information pertaining to the proposed p roject, including the staff report, findings, and all of the information, evidence, and testimony presented at its public hearing on January 17, 2023; and
WHEREAS, all other legal prerequisites to the adoption of this r esolution have occurred.

NOW, THEREFORE, the Commission RESOLVES as follows:

Section 1. The City of Fontana Planning Commission hereby makes the following findings for the Tentative Parcel Map No. 20464 in accordance with the Fontana Development Code:

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Resolution No. PC 2023-_____

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

Finding of Fact: Tentative Parcel Map No. 20464 is consistent with the General Plan Land Use Designation for the project site of General Commercial (C- G). The C -G designation is intended for general retail uses , food services, business and professional offices, and related services establishments. The proposed commercial retail center that includes dual branded hotel, a restaurant, retail area, In-n-out, and a banquet hall facility is consistent with the General Plan Land Use Designation of General Commercial (C-2). The proposed tentative parcel map will combine 31 parcels into four (4) parcels and vacate a porti on of Highland Avenue for the development of a commercial center. The uses are consistent with the General Plan Land Use Designation.

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

Finding of Fact: The design of the proposed parcel map is consistent with the General Plan. The lot width is approximately 1,200 feet and has an approximate lot depth of 354 feet and street configuration conform to the requirements of the Circulation Master Plan, Subdivisions (Chapter No. 26), and the Zoning and Development Code (Chapter No. 30). The parcel map will combine 31 parcels and vacate a portion of Highland Avenue into four (4) parcel to accommodate a dual branded hotel , banquet hall, a drive-thru establishment and retail/restaurants commercial pads . Three (3) proposed points of access are proposed along South Highland Avenue and one access point is provided from Catawba Avenue.

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

Finding of Fact: The project site of approximately 8.9 adjusted gross acres is adequate in size to accommodate the development referenced herein. The lot size , lot width, and lot depth are as indicated in Finding No. 2 above are consistent with other commercial developments. Three points of access are proposed for the commercial center along South Highland Avenue and one from Catawba Avenue . The lot si ze is consistent with surrounding commercial developments.

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

Finding of Fact: The design of the parcel map is not likely to cause substantial environmental damage or substantially and avoidably injure fish or 87522
Resolution No. PC 2023-_____

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wildlife or their habitat. An Initial Study (IS) & Mitigated Negative Declaration was completed to identify potential environmental impacts and mitigation measures are included to reduce any potential impacts to less than significant levels. The Initial Study/Mitigated Negative Declaration is included under separate cover and is referenced herein.

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

Finding of Fact: The combining of 31 parcels and vacation of a portion of Highland Avenue into four (4) parcels will not cause health problems. The proposed development complies with the Fontana City Codes and the General Plan as indicated in Findings Nos. 1 through 4 above .

Improvements include streets, sidewalks, drainage, and grading to provide a safe and well-designed project for the area. Therefore, the project shall promote the public health, safety, and welfare of the surrounding community.

Finding No. 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. The planning commission may approve a map if it finds that alternative easements, for access or for use, will be provided, and that these will be substantially e quivalent to easements previously acquired by the public.

Finding of Fact: The design and improvements of Tentative Parcel Map No. 20464 will not conflict with access easements acquired by the public. The proposed lot s are accessed from South Highland Av enue and Catawba Avenue which are publicly maintained streets. Currently there are no other public access easements through or within the proposed project site.

Section 2. The City of Fontana Planning Commission hereby makes the following findings for V ariance No. 22 -001 in accordance with Section 30 -218 “Findings for approval of Variance” of the Fontana Zoning and Development Code:

Finding No. 1: That because of circumstances applicable to the property including size, shape, topography, location or surroundings, the strict application of this chapter will deprive the property of privileges enjoyed by other property in the vicinity and under identical zoning classification.

Finding of Fact: As part of the project, the applicant is proposing to vacate a portion of Highland Avenue which is a dead end street tha t abuts vacant parcels and the Citrus Avenue freeway off-ramp. T he proposed 88523
Resolution No. PC 2023-_____

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project includes the construction of a dual branded hotel (Holiday Inn & Express and Staybridge Suites) , banquet hall, r etail/restaurants, and In -n-out restaurant . Because of the proposed vacation, the project site is adequate in size, shape, topography, location and surroundings, however, the project site does not meet the required rear yard landscape setback for parking spaces/drive aisles abutting a freeway. The Zoning and Development Code requires a 25 -foot rear yard landscape setback when parking spaces/drive aisles are abutting a freeway (210 freeway). The applicant is providing a 2-foot to 12-foot rear yard landscape setback at the rear yard . The strict application of development code deprives the property of privileges enjoyed by other property and prohibits the construction of the proposed project, which will bring much needed commercial uses, restaurants, and a pla ce to hold special events for residents and visitors. Without the variance the applicant will not provide the necessary and much needed commercial uses, place of assembly, restaurants, and hotels for north Fontana.

Based on the shape of the project site adjacent to right-of-way (South Highland Avenue), and the Citrus Avenue off-ramp (not the freeway) the project site is constrain to its shape, and therefore it cannot be expanded to meet the required 25 -foot landscape setback. The project site is abutting the Citrus off-ramp and not the freeway where the cars travel east and west. The proposed project site is 37 feet from the rear yard property line to the Citrus Avenue off -ramp and 142 feet from the rear yard property line to the actual 210 freeway .

The shape and constrains from the right -of-way and the Citrus Avenue off-ramp deprives the property of privileges enjoyed by other property in the vicinity and under identical zoning classifications.

Based on the shape and constraints of the site, the variance will not grant special privileges inconsistent with the limitation upon other properties in the vicinity.

The proposed project is consistent with the General Commercial (C- 2) zoning district and will meet all other development standards (except for rear yard landscape setback) including sidewalk width, designated public access, driveway depth, lot coverage, and all Municipal Code standards making this a safe and conforming site.

The proposed project will comply with the applicable building codes, zoning codes, and fire codes and appropriate standards, will make for a safe, attractive, and well-designed project for Fontana.

Finding No. 2: That the granting of such a variance, major will be subject to conditions assuring that the variance, major shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zoning district in which the property is located.

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Finding of Fact: The proposed project includes the constructio n of a dual branded hotel (Holiday Inn & Express and Staybridge Suites), banquet hall, retail/restaurants, and In -n-out restaurant. The proposed uses are permitted or conditionally permitted within the C-2 zoning district. The proposed project has been con ditioned through Exhibit A through F and therefore, it will not constitute or a grant of special privil eges inconsistent with the limitations upon other properties in the vicinity and zoning district . The proposed project will comply with the applicable bu ilding codes, zoning codes (except for the rear yard landscape setback), and fire codes and appropriate standards, will make for a safe, attractive, and well-designed project.

Finding No. 3: That the variance, major does not authorize a use or activity which is not a specifically allowed use in the zoning district in which the property is located.

Finding of Fact: The proposed project includes the construction of a dual branded hotel (Holiday Inn & Express and Staybridge Suites), banquet hall, retail/restaurants, and In -n-out restaurant. The proposed uses are permitted or conditionally permitted within the C-2 zoning district. The proposed project is consistent with the General Commercial (C -2) zoning district and will meet all the other development standards (except for rear yard setback) including sidewalk width, designated public access, driveway depth, lot coverage, and all Municipal Code standards making this a safe and conforming site. The proposed project will comply with the applicable building codes, zoning codes, and fire codes and appropriate standards, will make for a safe, attractive, and well-designed project.

Section 3. The City of Fontana Planning Commission hereby makes the following findings for CUP No. 2 0-025 (Dual Branded Hotel) in accordance with Section 30 -150 “Findings for approval of conditional use permits” of the Fontana Zoning and Development Code:

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

Finding of Fact: This project is a request for site and architectural review of a 122,151 square-foot 5-story dual branded hotel (Holiday Inn Express and Staybridge Suite) with 184 rooms and an 25,423 square foot pad size, all on an approximately 2.5-acre site . The proposed dual branded hotel facility is consistent with the General Plan Land Use Designation of General Commercial (C -2). The hotel is an allowed use in the commercial zone subject to the approval of a conditional 90525
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use permit (CUP). A conditional use permit still gives staff the ability to impose conditions. The proposed project is consistent with the General Commercial zoning district and will meet all development standards including sidewalk width, designated public access, driveway depth, lot coverage, and all Municipal Code standards making this a safe and conforming site.

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

Finding of Fact: The site is adequate in size, shape, and accessibility to meet the current Zoning and Development Code requirements. The dual branded hotel facility is proposed on a 2.5 adjusted gross acre site and is a rectangular shaped property. The p roposed hotel is 6 5’-7” tall which matches the maximum height in the General Commercial zoning district. The dual branded hotel also proposes to include an outdoor pool and spa deck at the rear of the hotel. The 1st floor of the dual branded hotel proposes 23 rooms, conference room, fitness center, laundry, lobby area, and continental breakfast area. The 2nd, 3rd, 4th floors and 5th floors propose 161 rooms combined. Sidewalks and access ramps are included to satisfy all accessibility and ADA requirements. All utilities such as water, sewer, electricity, gas and storm drain systems are available for the project. The site will have three (3) points of access from South Highland Avenue and one access point at Catawba Avenue. Two-access drives on South Highland Avenue would be limited to right -in/right-out movement when a future median is installed. The project site will have a proposed traffic signal at the intersection of South Highland Avenue and Tokay Avenue. The traffic signal will give commuters the ability to turn right or left onto South Highland Avenue . Drive aisle widths, customer parking areas and proposed site lighting and landscaping meet or exceed the requirements of the zoning district.

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

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

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Section 4. The City of Fonta na’s, Planning Commission hereby makes the following findings for Conditional Use Permit No. 2 2-019 (ABC License Type 47) in accordance with Section No. 30 -150 “Findings for approval” of the Fontana Zoning and Development Code:

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

Findings of Fact: The request is to allow for a new banquet hall to operate with a California Department of Alcoholic Beverage Control (ABC) Type 47 (On-sale General for a Bona fide eating place) License. The project site is located on the northwest corner of South Highland Avenue and Citrus Avenue. The project proposes to obtain a Type 47 (On-Sale, General) Alcoholic Beverage Control (ABC) license for special events within a banquet hall facility. The proposed Type 47 (General) ABC License will allow the banquet hall to have on-site consumption of beer, wine, and distilled spirits. The project site has a General Plan land use designation of General Commercial (C -G). The C -G land use designation category is described by the Zoning and Development code as “retail, food services, malls, hotels, wholesale, place of assemblies, auto dealerships and offices, including medical offices and clinics, that can serve a broader, regional population”.

The current land use designation allows for the proposed use of alcohol sales in spec ial events with approval of a Conditional Use Permit. Also, based on the census tract location, this area does not have any existing ABC licenses within this census tract. Therefore, staff supports the proposed CUP for the ABC license.

Findings of Fact: The project proposes to obtain a Type 47 (On -Sale, General) Alcoholic Beverage Control (ABC) license for special events within a proposed banquet hall facility. The site is adequate in size, shape, and accessibility to meet the current Zoning and Development Code requirements. This facility will be built pursuant to all applicable building, zoning, and fire codes and standards. The project includes streets improvements and sidewalks, grading, and drainage to provide a safe and well-designed project.

There will be three (3) vehicle access points to the site from South Highland Avenue and one from Catawba Avenue. The driveway will be designed to accommodate passenger vehicle traffic, tractor-trailer traffic, and service vehicles, as necessary. The proposed project has 92527
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been reviewed by Planning, Engineering, Building and Safety, and Fontana Fire Prevention for site circulation, access, and safety.

The project site is physically suitable in size and shape to support the establishment of the Type 4 7 ABC License . The applicable building codes, zoning codes, and fire codes and appropriate standards, will make for a safe, attractive, and well-designed project.

As proposed, the project is consistent with the standards of the Zoning and Development Code. The proposal has been designed to be compatible with the surrounding uses while also providing a development that has been designed with features (architectural relief, added landscaping, street improvements, and lighting), to enhance the character of the surrounding neighborhood.

Findings of Fact: The project proposal is to obtain a Type 47 (On -Sale, General) Alcoholic Beverage Control (ABC) license for special events within a proposed banquet hall facility. The proposed project of establishing a type 47 license as identified and referenced in Finding No. 1 and Finding No. 2, above, has been determined not to be detrimental to the public interest, health, safety, convenience, welfare, or materially injurious to persons, property . The on-site circulation is adequa te.

All drive aisle widths meet both the Zoning and Development Code and Fontana Fire Prevention District minimums for access. The site will be accessed from South Highland Avenue and Catawba Avenue.

The driveway is designed to accommodate passenger vehicle traffic, tractor-trailers traffic, and service vehicles, as necessary. The proposed project has been reviewed by Planning, Engineering, Building and Safety, and Fontana Fire Prevention for site circulation, access, and safety. Additionally, adequate utilities and services exist on-site and off-site.

The proposal has been designed to be compatible with the surrounding uses while also providing a development that has been designed with features (architectural relief, added landscaping, street improvements, and lighting), to enhance the character of the surrounding neighborhood. It will also be consistent with the proposed commercial projects in the vicinity.

The proposed development will result in appropriate improvements, not only for the project si te, but the surrounding area as well. The project includes sidewalks, drainage, grading, and perimeter and privacy walls to provide a safe and well-designed neighborhood. The proposed building has been reviewed by Planning, Engineering, Building and Safety, and Fontana Fire Prevention for site circulation, access, and safety. As mentioned in Findings No. 1 and No. 2, above, the proposed project meets or exceeds the standards of the 93528
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Zoning and Development Code and will provide a safe design for public access.

Section 5. The City of Fontana Planning Commission hereby makes the following findings for Conditional Use Permit No. 22-028 (Banquet Hall) in accordance with Section No. 30-150 “Findings for approval” of the Fontana Zoning and Development Code:

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

Findings of Fact: The project site is located on the northwest corner of South Highland Avenue and Citrus Avenue. The project site has a General Plan land use designation of General Commercial (C -G). The C -G land use designation category is described by the Zoning and Development code as “retail, malls, place of as semblies, restaurants, wholesale, auto dealerships and offices, including medical offices and clinics, that can serve a broader, regional population”. This includes banquet halls, hotels, restaurants and retail pads. The Zoning District for the project sit e is General Commercial (C -2). A place of assembly is permitted in the C -2 zone with the approval of a Conditional Use Permit by the Planning Commission. The proposed project will comply with the applicable building codes, zoning codes, and fire codes and appropriate standards, will make for a safe, attractive, and well-designed project.

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

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

The project site is physically suitable in size and shape to support the development of a banquet hall facilit y. The applicable building 94529
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codes, zoning codes, and fire codes and appropriate standards, will make for a safe, attractive, and well-designed project. As proposed, the project is consistent with the standards of the Zoning and Development Code. The propos al has been designed to be compatible with the surrounding uses while also providing a development that has been designed with features (architectural relief, added landscaping, street improvements, and lighting), to enhance the character of the surrounding neighborhood.

Findings of Fact: The proposed project as identified and referenced in Finding No. 1 and Finding No. 2, above, has been determined not to be detrimental to the public interest, health, safety, convenience, welfare, or materially injurious to persons, property . The on-site circulation is adequate. All drive aisle widths meet both the Zoning and Development Code and Fontana Fire Prevention District minimums for access. The site will be accessed from South Highland Avenue and Catawba Avenue. For the anticipated traffic to the project site, there are three (3) proposed driveway s for the purpose of ingress and egress along the South Highland Avenue and one from Catawba Avenue. The driveway s are designed to accommodate passenger vehicle traffic, tractor -trailers tr affic, and service vehicles, as necessary. The proposed project has been reviewed by Planning, Engineering, Building and Safety, and Fontana Fire Prevention for site circulation, access, and safety. Additionally, adequate utilities and services exist on-site and off-site.

The proposal has been designed to be compatible with the surrounding uses while also providing a development that has been designed with features (architectural relief, added landscaping, street improvements, and lighting), to enhance th e character of the surrounding neighborhood. It will also be consistent with the proposed commercial projects in the vicinity.

The proposed development will result in appropriate improvements, not only for the project site, but the surrounding area as w ell. The project includes sidewalks, drainage, and grading to provide a safe and well-designed neighborhood. The proposed building has been reviewed by Planning, Engineering, Building and Safety, and Fontana Fire Prevention for site circulation, access, a nd safety. As mentioned in Findings No. 1 and No. 2, above, the proposed project meets or exceeds the standards of the Zoning and Development Code and will provide a safe design for public access.
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Section 6. The City of Fontana Planning Commission hereby makes the following findings for Design Review No. 20-031 in accordance with Section No. 30-120 “Findings for approval” of the Fontana Zoning and Development Code:

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

Finding of Fact: The project site is located on the north west corner of Citrus Avenue and South Highland Avenue. Further, t he project site is zoned General Commercial (C-2). The C-2 designation is intended for retail, customer services, and food services . The proposed project is comprised of a dual branded hotel (Holiday Inn Express and Staybridge Suites), retail/restaurant building, banquet hall, and In-N- Out drive-through restaurant. The commercial pads meet all the minimum standards in the Fontana Municipal Code excepting the rear yard landscape setback as identified in the variance discussion.

The project is proposed with a high-quality architectural design appropriate for the General Commercial (C -2). A ppropriate screening from the public right-of-way will also be provided.

This project, as proposed, is a request for the Planning Commission to review and approve the site and architectural design for the construction of a commercial retail center tota ling approximately 169,943 square feet. The dual branded hotel would be approximately 122,151 square feet. The remaining square footage would be for buildings located at three (3) other pads within the center. This project meets or exceeds the criteria contained in the Design Review section of the Zoning and Development Code.

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

Finding of Fact: The applicant has worked diligently with staff to incorporate site details that will beautify and enhance the overall aesthetics of the site. Some of the features include a Spanish architectural theme for the center, patios and drive entries, porte cochere for the drive thru restaurants, a unique and well -designed water feature that will enhance the corner statement of Citrus Avenue and South Highland Avenue, additional landscaping , building lighting and corner statement that would provide a sense of place and act as a landmark for the prominent corner. The development would encompass a dual branded hotel (Holiday Inn Express and Staybridge Suites) , restaurant, drive-through, and retail to provide services to residents, visitors and the overall community. Adequate parking and accessibility per standards have been incorporated therefore the 96531
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project will promote the public health, safety and welfare of the occupants and therefore, the community.

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

Finding of Fact: The proposed project as identified and referenced in Finding No. 1 and 2, has been determined to be aesthetically and architecturally pleasing and compatible with the neighborhood. The project site which is approximately 8.9 adjusted gross acres is physically suitable in size and shape to support the development of the proposed commercial retail center. The applicable building codes, zoning codes and fire codes and standards, will make for a safe, attractive, and well-designed project. As proposed, the project is consistent with the Zoning and Development Code.

The Spanish architecture theme selected for the commercial retail center is appropriate for the area and is consistent with surrounding uses and t he design guidelines in the Development Code. In addition, the proposed project is consistent with the goals and policies of the General Plan and applicable provisions of the zoning district, including Goal 5.3, Policy 5: (Community Design Element) stating that buildings “shall incorporate distinct and vari ed architectural details through varied rooflines, and detailed façade treatments”. Design characteristics include decorative cornices, pop- outs, veneer, stucco wall surface, pitched roofs, decorative columns, and decorative awnings.

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

The proposed development will result in appropriate improvements for the project site and the surrounding area as well. The project includes sidewalks, drainage, grading and a traffic signal with all necessary improvements on Citrus Avenue , Catawba Avenue, and South Highland Avenue to provide a safe and well -designed neighborhood. The proposed project has been reviewed by Planning, Engineering, Building and Safety and Fontana Fire Prevention for site circulation, access and safety. The proposed project iden tified in Finding No. 1 through Finding No. 3, above, meets or exceeds the standards of the Zoning and Development Code and will provide a safe design for public access.

Section 7. Pursuant to the California Environmental Act (CEQA) and Section 6.04 the 2019 Local Guidelines 04 for Implementing CEQA, an Initial Study/Mitigated Negative 97532
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Declaration and Mitigation Monitoring and Reporting Program (MMRP) were prepared for this project.

Section 8. Based on the foregoing, the City of Fontana Plann ing Commission hereby adopts a resolution adopting the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and approving Tentative Parcel Map 20464 (TPM No. 20 -021), Variance No. 22 -001, Conditional Use Permit Nos. 20-025, 22-018, 22-019, 22-028 and Design Review No. 20-031, subject to the conditions of approval as shown in the attached Exhibits “A” through “ F” for the construction of a commercial shopping center at the northwest corner of Citrus Avenue and South Highland Avenue.

Section 9. Resolution Regarding Custodian of Record : The documents and materials that constitute the record of proceedings on which this Resolution has been based are located at the Planning Department, 8353 Sierra Avenue, Fontana, CA 92335.

This information is provided in compliance with Public Resources Code Section No. 21081.6.

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

APPROVED, AND ADOPTED by the Planning Commission of the City of Fontana, California, at a regular meeting held on this 17th day of January 2023.

City of Fontana

___________________________
Cathline Fort, Chair

ATTEST:

I, Idilio Sanchez, Secretary of the Planning Commission of the City of Fontana, California, do hereby certify that the foregoing resolution was duly and regularly adopted by the Planning Commission at a regular meeting thereof, held on the 17th day of January 2023, by the following vote, to-wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

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__________________________
Idilio Sanchez, Secretary

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EXHIBIT “A”

CITY OF FONTANA

CONDITIONS OF APPROVAL

PROJECT: Master Case No. 20-083 DATE: January 17, 2023
Tentative Parcel Map No. 20464
(TPM No. 20-021)

LOCATION: The project site is located on the northwest corner of South Highland Avenue and Citrus Avenue (APNs: 0228-301-01 through -08, 0228-310-20, -21, -22, -23, 0228-310-33 through -49, -51, and 52).

PLANNING DEPARTMENT:

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

2. The rights and privileges granted by Tentative Parcel Map No. 20464 shall not become effective, nor shall the Applicant commence the use for which this tentative parcel map approval is granted, until the following has occurred:

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

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

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

In the event of any such third party action or proceeding, the City shall have the right to retain legal counsel. The applicant shall be responsible and reimburse the City 100535
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for such legal fees and costs, in their entirety, including actual attorneys’ fees, which may be incurred by the City in defense of such action or proceeding. This indemnification shall also include, but not be limited to, damages, fees and/or costs awarded against the City, if any, and cost of suit, attorneys’ fees, and other costs, liabilities and expenses incurred in connection with such claim, action, or proceeding whether incurred by applicant, the City and/or any parties bringing such forth.

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

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

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

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

ENGINEERING DEPARTMENT:

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

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

10. It is the Applicant’s responsibility to 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.

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11. The applicant shall obtain an encroachment permit and approval from Caltrans for any improvements that encroach into Caltrans’ right-of-way.

12. The applicant shall comply with the requirements of the Purchase, Sale and Disposition Agreement (PSDA) approved at City Council on June 14th, 2022.

PRIOR TO MAP RECORDATION

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

PRIOR TO ISSUANCE OF CONSTRUCTION PERMITS

14. The Applicant shall record All parcel map, right-of-way dedications, easements, and reciprocal access agreement as required for the development.

15. 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.

END OF CONDITIONS

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EXHIBIT “B”

CITY OF FONTANA

CONDITIONS OF APPROVAL
PROJECT: Master Case No. (MCN) 20-083 DATE: January 17, 2023 Conditional Use Permit No. (CUP) 20-025
Hotel (Dual Branded Holiday Inn Express and Staybridge)

LOCATION: The project site is located on the northwest corner of South Highland Avenue and Citrus Avenue (APNs: 0228 -301-01 through -08, 0228-310- 20, -21, -22, -23, 0228-310-33 through -49, -51, and 52).

PLANNING DEPARTMENT:

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

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

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

3. The applicant shall defend, indemnify, protect and hold harmless the City of Fontana or its agents, officers, attorneys and employees from any and all actual or alleged claims, actions or proceedings against the City of Fontana or its agents, officers, attorneys or employees to attack, set aside, void, annul or seek monetary damages arising out of any challenge to the applicant’s proposed project or to any approvals of the Planning Commission and/or City Council concerning this project, including but not limited to actions challenging CEQA actions, permits, variances, plot plans, design plans, maps, licenses, an d amendments. The City of Fontana 103538
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shall promptly notify the applicant of any claim, action, or proceeding and the City of Fontana shall cooperate in the defense.

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

The City of Fontana and 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 ap proval. Applicant’s sole and exclusive remedy shall be limited to declaratory/injunctive relief, mandate, and/or specific performance.

4. This Conditional Use Permit shall become null and void two (2) years from the date of approval, unless the appropriate pe rmits 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.

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

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

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

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

9. Any roof -mounted shall be screened from view from adjacent properties and the streets.

10. The property owner shall at all times maintain an adequate amount of paint, matching the project, and shall a bate any graffiti at the project within 48 hours of appearance of such graffiti.

PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY
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11. The current Development fees must be paid prior to issuance of building/construction permits.

END OF CONDITIONS

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EXHIBIT “C”

CITY OF FONTANA

CONDITIONS OF APPROVAL
PROJECT: Master Case No. (MCN) 20-083 DATE: January 17, 2023 Conditional Use Permit No. (CUP) 22-019
Type 47 (On-Sale General) ABC License for a Banquet Hall

LOCATION: The project site is located on the northwest corner of South Highland Avenue and Citrus Avenue (APNs: 0228 -301-01 through -08, 0228-310- 20, -21, -22, -23, 0228-310-33 through -49, -51, and 52).

PLANNING DEPARTMENT:

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

C. All of the improvements, construction, alteration and other work set forth in this project have bee n 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
D. All other Conditions of Approval imposed by this project have been fulfilled.

3. The applicant shall defend, indemnify, protect and hold harmless the City of Fontana or its agents, officers, attorneys and employees from any and all actual or alleged claims, actions or proceedings against the City of Fontana or its agents, officers, attorneys or employees to attack, set aside, void, annul or seek monetary damages arising out of any challenge to the applicant’s proposed project or to any approvals of the Planning Commission and/or City Council concerning this project, including but not li mited to actions challenging CEQA actions, permits, variances, plot plans, design plans, maps, licenses, and amendments. The City of Fontana 106541
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shall promptly notify the applicant of any claim, action, or proceeding and the City of Fontana shall cooperate in the defense.

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

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.

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

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

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

10. 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 and/or the Planning Commission die to the historical building status.
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11. The establishment shall be operated as a “Bona Fide Public Eating Place” as defined by ABC. The restaurant shall maintain suitable kitchen facilities, and must make actual and substantial sales of meals for consumption on the premises.

12. At all times when premises are open for business, the sale of alcoholic beverages shall be incidental to the sale of food.

13. The quarterly gross sales of alcoholic beverages shall not exceed 35% of the restaurant’s total sales, which includes all food and all alcohol ic and non-alcoholic beverages.

14. The owner of the establishment shall, upon request, provide the City of Fontana with an audited report of sales ratio of food to alcoholic and non-alcoholic beverages.

15. Except within City-approved outdoor eating places, which are adequately separated from direct public access, no alcoholic beverages shall be consumed outside of an enclosed building.

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

Bartenders and cocktail waitresses shall be at least 21 years or older.

17. The hours of operation shall not exceed 7:00 am to 10:00 pm Sunday through Thursday, and 7:00 am to 2:00 am Friday and Saturday. The hours of operations shall not exceed the hours specified by State of California, Alcohol Beverage Control Permit/License.

18. Beverage coolers containing alcoholic beverages shall be located behind the cashier’s counter, behind the bar or in areas only accessible to employees.

19. Music is limited to overhead/background music, or as directed in a separate Conditional Use Permit or Minor Use Permit for entertainment. Any music allowed shall not be audible from outside the premise so as to disturb the peace, pursuant to Fontana Municipal Code No. 16 -19, 18-62, and 18-63. Such a system may be a radio, juke box (coin or token operated customer -paid mechanism) or similar non - hosted device or unit, but not including any system requiring an attendant or host such as a disk jockey or similar person.

20. Live entertainment is limited to the approved incidental banquet hall as lis ted in the conditions of approval for Conditional Use Permit ( CUP) No. 2 2-028. Disc jockey, karaoke, dancing, dance floor, or dance area to be provided on the premises shall be a separate Conditional Use Permit or Minor Use Permit for live entertainment unless otherwise not permitted.

21. At no time, shall the premises operate as a night club or dance hall.

22. There shall be no obstructions within and windows and doors which would hinder visual surveillance. Obstructions would include signage, window tint, window coverings, advertisements, etc.

23. No electronic arcade, amusement games, pool tables, dart boards, or other similar devices are permitted on the licensed premises.
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24. In the event security problems occur, the Police Department (Chief of Police) will issue a letter to the owner requesting a meeting to discuss said security problems.

If security problems are not resolved by the owner in the timeframe mutually agreed upon in said meeting, at the discretion of the Chief of Police, the business owner/licensee or management, at his or her own expense, shall provide a California licensed, un iformed security guards(s) on the premises, during such hours as requested and directed by the Police Department. All uniformed security guards shall comply with the Fontana Municipal Code Section No. 22 -62, and shall be registered with the State of Califo rnia’s Bureau of Security and Investigative Services as a security guard prior to employment within the City of Fontana.

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

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

27. Graffiti abatement by the business owner/licensee, or management shall be immediate and on -going on the premises, but in no event shall graffiti be allowed unabated on the premises for more t han 48 hours. Abatement shall take the form or removal or shall be covered/painted over with a color reasonably matching the color of the existing building, structure, or other surface being abated. Additionally, the business owner/licensee, or management shall notify the City within 24 hours (at 909-350-GONE) of any graffiti elsewhere on the property not under the business owner/licensee’s or management control so that it may be abated by the property owner and/or the City’s Graffiti Team.

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

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

30. The operation of the business shall not violate any federal, state, or local laws or ordinances, including the rules, regulations and o rders of the State Alcoholic Beverage Control Department and conditions of this Conditional Use Permit. Failure to comply with these requirements shall constitute grounds for revocation of the Conditional Use Permit.

31. The applicant shall comply with the City False Alarm Ordinance. 109544
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32. The business owner/licensee or management shall prevent on -site loitering. The management shall regularly police the area under its control to prevent the loitering of persons about the premises.

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

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

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

PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY

34. The current D evelopment fees must be paid prior to issuance of building/construction permits.

POLICE DEPARTMENT:

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

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

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

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

END OF CONDITIONS

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EXHIBIT “D”

CITY OF FONTANA

CONDITIONS OF APPROVAL
PROJECT: Master Case No. (MCN) 20-083 DATE: January 17, 2023 Conditional Use Permit No. (CUP) 22-028
Banquet Hall

LOCATION: The project site is located on the northwest corner of South Highland Avenue and Citrus Avenue (APNs: 0228 -301-01 through -08, 0228-310- 20, -21, -22, -23, 0228-310-33 through -49, -51, and 52).

PLANNING DEPARTMENT:

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

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

2. In the event that one or more of the Conditions of Approval for this project needs to be amended and/or deleted due to health, safety, or welfare concerns, the City Manager is authorized to approve or conditionally 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 p ossible ratification shall be pursuant to Section No. 30-30 and Section No. 30-31 of the Municipal Code.

3. The applicant shall defend, indemnify, protect and hold harmless the City of Fontana or its agents, officers, attorneys and employees from any and all actual or alleged claims, actions or proceedings against the City of Fontana or its agents, officers, attorneys or employees to attack, set aside, void, annul or seek monetary damages arising out of any challenge to the applicant’s proposed project or to a ny 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 111546
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shall promptly notify the applicant of any claim, action, or proceeding and the City of Fontana shall cooperate in the defense.

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.

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

6. 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 and/or the Planning Commission

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

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

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

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

11. The hours of operation shall not exceed 7:00 am to 10:00 pm S unday through Thursday, and 7:00 am to 2:00 am Friday and Saturday.
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12. Amplified music may be permitted but the sound emitted from the mechanism shall not be audible outside the walls of the business establishment so as to disturb the peace, pursuant to Fontana City Code Section No. 16 -19, Section No. 18-062 and Section No. 18-063.

13. The incidental live entertainment for the banquet hall shall not be audible outside the walls of the business establishment so as to disturb the peace, pursuant to Fontana City Code Section No. 16-19, Section No. 18-062 and Section No. 18-063.

14. The business owner or management may allow incidental live entertainment to provide music for the banquet hall between the hours of 7:00 pm and 12:00 am on Fridays and Saturdays and from 7:00 pm and 10:00 pm on Sundays. The incidental live entertainment may be a solo artist, duo, trio, or group to provide music for the banquet hall. The incidental live entertainment shall not be used as a promotional event but shall be intended solely for the enjoyment of guests for the banquet hall.

15. At no time shall the premises operate as a nightclub, or dance hall.

16. There shall be no designated dance floor area provided on the premises.

17. At not time shall an entrance fee be charged to patrons entering the esta blishment for any reason, or for any entry into any area within the establishment to view any live performance, televised or promotional events.

18. No tint of any kind is permitted on the windows or doors to the establishment.

Security laminate film to discou rage vandalism (graffiti) is acceptable on any glass surface of the exterior but shall be clear in color (no tint or coloration).

19. Window signage shall not exceed 25% of each window, signage shall not block visibility into the interior of the board room or banquet hall. Any window signage shall be located within the upper or lower portions of each window.

20. In the event security problems occur and at the request of the Police Department, the business owner/licensee or management, at his or her own expense, sha ll provide a California licensed, uniformed security guard(s) on the premises, during such hours as requested and directed by the Police Department. All uniformed security guards shall comply with the Fontana Municipal Code Section No. 22 -62 and shall be r egistered with the State of California’s Bureau of Security and Investigative Services as a security guard prior to employment within the City of Fontana.

21. The operation of the business shall not violate any federal, state, or local laws, ordinances, or conditions of approval within this minor use permit. Failure to comply with these requirements shall constitute grounds for revocation of the minor use permit.

22. The approved set of Conditions of Approval shall be posted at all times at a visible located within the facility and shall remain legible at all times.

23. Graffiti abatement by the business owner shall be immediate and ongoing on the premises, but in no event shall graffiti be allowed unabated on the premises for more than 48 hours. Abatement shall take the form of removal or shall be covered/painted over with a color reasonably matching the color of the existing building, structure, or other surface being abated. Additionally, the business owner shall notify the City within 24 hours of any graffiti elsewhe re on the property not under the business 113548
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owner control so that it may be abated by the property owner and/or the City’s Graffiti Enforcement Team.

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

25. On a regular and reasonable basis, litter shall be removed daily from the surrounding area.

PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY

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

POLICE DEPARTMENT:

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

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

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

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

END OF CONDITIONS

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EXHIBIT “E”

CITY OF FONTANA

CONDITIONS OF APPROVAL

PROJECT: Master Case No. 20-083 DATE: January 17, 2023
Design Review No. 20-031 and Variance No. 22-001
Shopping Center

LOCATION: The project site is located on the northwest corner of South Highland Avenue and Citrus Avenue (APNs: 0228 -301-01 through -08, 0228-310- 20, -21, -22, -23, 0228-310-33 through -49, -51, and 52).

PLANNING DEPARTMENT:

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

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

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

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

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

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

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

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

7. The applicant shall defend, indemnify, protect and hold harmless the City of Fontana or its agents, officers, attorneys and employees from any and all actual or alleged claims, 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, licens es, and amendments. The City of Fontana shall promptly notify the applicant of any claim, action, or proceeding and the City of Fontana shall cooperate in the defense.

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

8. In the event that one or more of the Conditions of Approval for this project needs to be amended and/or deleted due to health, safety or welfare concerns, the City Manager is authorized to approve or conditionally approve such amendment/deletion, provided that City manager shall bring such proposed amendment/deletion to the City Council at the next availa ble meeting for City Council ratification, but in no event later than sixty (60) days following the City 116551
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Manger’s decision. The noticing of such City Council meeting for possible ratification shall be pursuant to Sections 30-30 and 30-31 of the Municipal Code.

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

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

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

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

The 24-hour point of contact shall be available 24 hours a day, 7 days a week and have 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.

13. The applicant shall fence off any future undeveloped pad are a with a four (4) foot high white vinyl fence and hydroseed the undeveloped pad area.

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

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

PRIOR TO ISSUANCE OF A GRADING PERMIT:

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

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

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

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19. A Planning Department final inspection fee shall be paid prior to issuance of the Certificate of Occupancy for Industrial and Commercial Development.

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

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

BUILDING & SAFETY DEPARTMENT:

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

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

23. 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.

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

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

26. 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.

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

28. Grading Requirements:

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

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

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

C. Drainage water shall not cross over a public sidewalk. Drainage water 118553
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may, however, cross under a sidewalk if an approved drainage structure is used.

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

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

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

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

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

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

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

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

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

3. All proposed drainage structures; and

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

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

29. 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

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

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

31. The applicant shall combine the existing 31 parcels into four (4) parcels as identified in the Tentative Parcel Map and shall be dome so that the proposed structure(s) doe not cross any lot line and complies with all requirement of the California Building Code, prior to any building permits being issued.

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

33. The Construction Waste Management Plan (CWMP) will be required at time of plan check submittal. For more information regarding waste diversion, please contact Burrtec Waste at (909) 889-0911.

34. For more information related to Building & Safety, please visit our web page at https://www.fontana.org/136/Building-Safety.

ENGINEERING LAND DEVELOPMENT:

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

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

37. It is the Applicant’s responsibility to 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.

38. The applicant shall obtain an encroachment permit and approval from Caltrans for any improvements that encroach into Caltrans’ right-of-way.

39. The applicant shall comply with the requirements of the Purchase, Sale and Disposition Agreement (PSDA) approved at City Council on June 14th, 2022.

PRIOR TO ISSUANCE OF GRADING PERMIT

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40. The Applicant shall submit and gain approval of a complete W ater Quality Management Plan report in accordance with the County of San Bernardino Technical Guidance Document and latest template.

PRIOR TO MAP RECORDATION

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

PRIOR TO ISSUANCE OF CONSTRUCTION PERMITS

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

43. 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

44. The applicant/engineer to provide the City of Fontana with As Built/Record Drawings for all public improvement plans.

45. 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.

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

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

48. All sewers shall be video inspected by applicant/contractor. Sewer video shall include clean-out connection, clean -out to lateral segment, lateral, and main line.

Contractor performing the video inspection must have a NASSCO PACP, LACP, and MACP certification. Applicant shall provide a copy of the video on DVD or flash drive to inspection staff with an accompanying full report. Videos to be inspected and approved by City Inspector. If removal and replacement of any utility is required, a subsequent video of the repair will be required. If a TCO (Temporary Certificate of Occupancy) is required a full video inspection will be required as well at that time.

49. All storm drains shall be video inspected by applicant/contractor. Storm drain video shall include main lines and laterals. Applicant shall provide a copy of the video on 121556
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DVD or flash drive to inspection staff. Videos to be inspected and approved by City Inspector. If removal and replacement of any utility is required, a subsequent video of the repair will be required.

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

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

PUBLIC WORKS:

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

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

Solid Waste:

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

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

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

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

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

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

Storm Water:
122557
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56. All parkway culverts constructed for the purpose of conveying storm water from the project to a public right of way must be maintained in operating condition by the property owner.

SCHOOL DISTRICT:

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

POLICE DEPARTMENT:

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

Provide a photometric layout under separate exhibit.

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

SAN BERNARDINO COUNTY HAZARDOUSE MATERIALS DIVSION:

60. Prior to occupancy, the business operator shall be required to apply for one or more of the following permits, or apply for exemption from hazardous materials laws and regulations: Hazardous Materials Permit, Hazardous Waste Permit, Aboveground Storage Tank Permit, or Underground Storage Tank Permi t. Application for one or more of these permits shall occur by submitting a hazardous materials business plan using the California Environmental Reporting System (CERS) http://cers.calepa.ca.gov/ Additional info rmation can be found at http://www.sbcfire.org/ofm/Hazmat/PoliciesProcedures.aspx or you may contact The Office of the Fire Marshal, Hazardous Materials Division at (909) 386-8401.

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

FIRE DEPARTMENT:

62. 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.

63. 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 123558
Resolution No. PC 2023-_____

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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 si x (6) inches in height. California Fire Code Chapter 5 & SBCoFD Standard A-1.

64. 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.

65. 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 Chapter 5 & SBCoFD Standard A-2.

66. Fire Lanes. The applicant shall submit a site plan to the Fire Department for review and approval of all proposed s ignage 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 Standard A-2.

67. Water Syste m Commercial . 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 BB 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 (4”x2.5”x2.5”) shall be provided. All fire hydrants shall be spaced no more than three hundred (300) feet apart as measured along vehicular travel -ways.

California Fire Code Chapter 5 & SBCoFD Standard W-2.

The Fire Flow for this project shall be: 4000 GPM for a two-hour duration at 20 psi residual operating pressure. Fire Flow is based on a 122,151 Square Foot structure.

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

69. 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. California Fire Code Chapter

5. 70. 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 Chapter 5.

71. Fire Sprinkler-NFPA #13. An automatic fire sprinkler system complying with NFPA 13 and Fire Department standards is required. A fire sprinkler contractor shall submit three (3) sets of detailed plans to the Fire Department for review and approval. The 124559
Resolution No. PC 2023-_____

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plans shall include hydraulic calculations and manufacturer specification sheets. The required fees shall be paid at the time of plan submittal. California Fire Code Chapter 9 & SBCoFD Standard F-1.

72. Standpipe system. A standpipe system is required. A fire sprinkler contractor shall submit three (3) sets of hydraulic calculations and detailed plans to the Fire Department for review and approval. The system shall comply with NFPA 14 and Fire Departme nt standards. The required fees shall be paid at the time of plan submittal. California Fire Code Chapter 9.

73. Hood and Duct Extinguishing system. An automatic hood and duct fire extinguishing system is required. A licensed contractor shall submit three (3) sets of detailed plans (minimum 1/8” scale) with manufactures’ specification sheets to the Fire Department for review and approval. The required fees shall be paid at the time of plan submittal. California Fire Code Chapter 9, NFPA 17A, & NFPA 96.

74. Fire Alarm, Manual or Automatic. A manual, automatic or manual and automatic fire alarm system complying with the California Fire Code, NFPA 72 and al l applicable codes is required. A fire alarm contractor shall submit three (3) sets of detailed plans to the Fire Department for review and approval. The required fees shall be paid at the time of plan submittal. California Fire Code Chapter 9, SBCFD Standard F-5, & NFPA 72.

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

California Fire Code Chapter 9, NFPA 72 & SBCoFD Standard F-5.

76. Smoke Removal . An automatic smoke removal system complying with the California Fire Code, NFPA and all applicable codes is required. The applicant shall submit three (3) sets of detailed smoke removal system plans to the Fire Department for review and approval. The required fees shall be paid at the time of plan submittal.

California Fire Code Chapter 9. This requirement will be for the hotel.

77. Fire Extinguishers. Hand portable fire extinguishers are required. The location, type, and cabinet design shall be approved by the Fire Department. California Fire Code Chapter 9.

78. Commercial Addressing. Commercial, industrial, and multi-family developments of 100,000 sq. ft or less shall have the street address installed on the building with numbers that are a minimum six (8) inches in height and with a one (1) inch stroke.

The street address shall be visible from th e street. During the hours of darkness, the numbers shall be electrically illuminated (internal or external). Where the building is two hundred (200) feet or more from the roadway, additional non -illuminated contrasting six (6) inch numbers shall be displayed at the property access entrances.

California Fire Code Chapter 5 & SBCoFD Standard B-1
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79. Commercial (large facility) Addressing. Commercial and industrial developments in excess of 100,000 sq. ft. shall have the street address installed on the building with numbers that are a minimum twelve (12) inches in height and with a one and one half (1 ½) inch stroke. The street address shall be visible from the street. During the hours of darkness, the numbers shall be electrically illuminated (internal or external). Where the building is two hundred (200) feet or more from the roadway, additional non-illuminated contrasting six (6) inch numbers shall be displayed at the property access entrances. California Fire Code Chapter 5 & SBCoFD Standard B- 1 80. 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. California Fire Code Chapter 5 & SBCoFD Standard B-1

81. 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. California Fire Code Chapter 5 & SBCoFD Standard A-4

82. 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. California Fire Code Chapter 5 & SBCoFD Standard A-3

83. Material Identification Placards. The applicant shall install, in all locations deemed appropriate by the Fire Department, approved material identification placards on the outside of all buildings and/or storage tanks that store hazardous or flammable materials. Additional placards shall be required inside the buildings when chemicals are segregated into separate areas. California Fire Code Chapter 50 & NFPA 704.

84. Secondary Access. The development shall have a minimum of two points of vehicular access during each phase of construction for fire and emergency access purposes and for evacuation routes. SBCoFD Standard A-1

85. 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 Fire Code Chapter 6.

END OF CONDITIONS

126561
ATTACHMENT NO. 7

NOTICE OF DETERMINATION

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

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

Project Title: Master Case No. 20-083, Tentative Parcel Map No. (20464) No. 20-021, Variance No. 22- 001, Conditional Use Permit No. 20 -025, Conditional Use Permit No. 2 2-018, Conditional Use Permit No. 22-019, Conditional Use Permit No. 22-028 and Design Review No. 20-031 – Fontana Square Project
State Clearinghouse Number: N/A
Name of Person or Agency carrying out project: Salvador Quintanilla – Senior Planner. City of Fontana (Lead Agency) 8353 Sierra Avenue, Fontana, CA 92335.

Project Location: The project site is located on the northwest corner of South Highland Avenue and Citrus Avenue (APNs: 0228 -301-01 through -08, 0228 -310-20, -21, -22, -23, 0228 -310-33 through -49, -51, and 52).

Project Description: Tentative Parcel Map No. 20464 (TPM No. 20-021) – a request to combine 31 parcels and vacate a portion of Highland Avenue into four parcels; Variance No. 22 -001 a request to reduce the landscape setback abutting a freeway from 25 feet to two feet in partial location at the rear of the project si te; Conditional Use Permit No. 20-025 – a request to establish a 5 -story, 75 room, Holiday Inn Express and 5-story, 109 room, Staybridge Suites Hotel; Conditional Use Permit No. 22-018 – a request to operate a State of California Alcohol Beverage Control ( ABC) license type 41 (On -Sale Beer & Wine – Eating Place) for the Staybridge Hotel; Conditional Use Permit No. 22-019 – a request to operate a State of California Alcohol Beverage Control (ABC) license type 47 (On-Sale General – Eating Place) for the place of assembly; Conditional Use Permit No. 22-028 – a request to operate a place of assembly (banquet hall) with the Fontana Square commercial center; and Design Review No. 20 -031 – a request for the site and architectural review for the development of comme rcial retail center which includes, a banquet hall, two hotels, a site down restaurant, and an In -n-out drive-through restaurant on an approximately 8.9 adjusted gross acre site located within General Commercial (C-2) Zoning District..

Project Proponent & Address: Jinder Singh, 61380 29 Palms Highway, Suite 15 &16, Joshua Tree, CA 92252

Contact Name & Phone: Jinder Singh – (760) 832-1760

This is to certify that on January 17, 2023, the Planning Commission of the City of Fontana approved the above-described project along with the aforementioned Mitigated Negative Declaration , and made the following determinations:

1. The project ____ will X will not have a significant effect on the environment. 127562
ATTACHMENT NO. 7

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

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

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

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

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

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

____________________________
DiTanyon Johnson
Principal Planner
Date Received for Filing
128563

NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION AND

NOTICE OF PUBLIC HEARING
SI DESEA INFORMACION EN ESPAÑOL REFERENTE A ESTA NOTIFICACION O PROYECTO, FAVOR DE COMUNICARSE AL (909) 350-6728.

The Project site is not on any properties listed under Section 65962.5 of the Government Code.

In compliance with Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132) and the federal rules and regulations adopted in implementation thereof, the Agenda will be made available in appropriate alternative formats to persons with a disability. Should you need special assistance to participate in this meeting, please contact the City Clerk’s Department by calling (909) 350-7602. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

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

Master Case No. 20-083, Tentative Parcel Map (TPM) No. 20-021 (TPM No. 20464), Conditional Use Permit (CUP) No. 20-025, Conditional Use Permit (CUP) No. 22-018, Conditional Use Permit No. 22-019, Conditional Use Permit (CUP) No. 22-028, Design Review Project (DRP) No. 20-031, and Variance (VAR) No. 22-001

The applicant is proposing a development to construct a multi-tenant commercial development on an 8.8-acre site, composed of a banquet hall, a dual branded hotel (Holiday Inn Express / a Staybridge Suites), a Restaurant, and an In-N-Out Burger. Additionally, a State of California Alcohol Beverage Control (ABC) Licenses type 41 for the Staybridge Hotel, and type 47 for the Banquet Hall, a Tentative Parcel Map to subdivide the property into four (4) parcels, the site and architectural review for the commercial development, and a Variance to reduce the rear yard setback abutting the freeway from 25 feet to 2 feet. The project includes onsite improvements such as decorative landscaping, surface parking, drive thru, security lighting and among other associated improvements.

Environmental
Determination:

An Initial Study/Mitigated Negative
Declaration (IS/MND) has been
prepared for this project in accordance
with Section 15072 of the California
Environmental Quality Act (CEQA)
and Section 6.04 of the 2019 City of
Fontana Local Guidelines for
Implementing t he CEQA. Based on
the information in the IS/MND, all
significant impacts anticipated as a
result of project implementation would
be less than with mitigation
incorporated, and a Mitigation Monitoring and Reporting Program (MMRP) has been prepared for the Planning Commission’s consideration; therefore, a Notice of Determination has been prepared.

Location of
Property:
16014 S. Highland Avenue, Fontana, CA.
(APNs: 0228-301-01 through -08, 0228-310-
20, -21, -22, -23, 0228-310-33 through -49, -
51, and 52)

Date of Hearing: January 17, 2023
ATTACHMENT NO. 8
129564

Place of Hearing: City Hall Council Chambers
8353 Sierra Avenue
Fontana, CA 92335

Time of Hearing:

6:00 P.M.

Should you have any questions concerning this project, please contact Salvador Quintanilla, Senior Planner, at (909) 350-6656 or [email protected].

The City of Fontana (City) has prepared an Initial S tudy (IS)/Mitigated Negative Declaration (MND) for the proposed project. The period for comment regarding the mitigated negative declaration for this project is from December 23, 2022 to January 17, 2023 . The initial study and proposed mitigated negative declaration are available for review at City Hall (8353 Sierra Avenue Fontana, CA 92335) and online at https://www.fontana.org/2137/Environmental-Documents. Please submit your comments via email to Salvador Quintanilla at [email protected].

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

INTERESTED PARTY MAY PROVIDE INFORMATION BY LETTER OR EMAIL WHICH MAY BE OF ASSISTANCE TO THE PLANNING COMMISSION. A COPY OF THE APPLICATION AND ENVIRONMENTAL DOCUMENTATION IS AVAILABLE FOR INSPECTION. PLEASE CONTACT THE PLANNER LISTED ABOVE.

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

BE LIMITED TO RAISING ONLY THO SE ISSUES YOU OR SOMEONE ELSE RAISED AT THE PUBLIC

HEARING DESCRIBED IN THIS NOTICE, OR IN WRITTEN CORRESPONDENCE TO THE CITY AT, OR PRIOR TO, THE PUBLIC HEARING.

Publish: December 23, 2022

130565

City of Fontana

Planning Commission

Minutes

Cathline Fort, Chair
Raj Sangha, Vice Chair
ldilio Sanchez, Secretary
Ralph Thrasher, Commissioner

Tuesday, January 17, 2023 6:00 P.M. Grover W. Taylor Council Chambers _________________________________________________________________________

CALL TO ORDER/ROLL CALL:

A. Call to Order/Roll Call:

A regular meeting of the City of Fontana Planning Commission was held on Tuesday, January 17, 2023. Chair Fort called the meeting to order at 6:02 p.m.

Present: Chair Fort, Vice Chair Sangha, Secretary Sanchez, and Commissioner Thrasher

Absent: None

INVOCATION/PLEDGE OF ALLEGIANCE:

A. Invocation/Pledge of Allegiance:

Following the Invocation by Commissioner Thrasher, the Pledge of Allegiance was led by Secretary Sanchez.

PUBLIC COMMUNICATIONS:

A. Public Communications:

None.

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Planning Commission Minutes January 17, 2023

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CONSENT CALENDAR:

A. Approval of Minutes:

Approve the Regular Planning Commission Meeting Minutes of December 20th, 2022.

ACTION: A Motion was made by Vice Chair Sangha and seconded by Secretary Sanchez and passed unanimously by a vote of 4-0 to approve the Consent Calendar.

The motion carried by the following vote:

Aye: Chair Fort, Vice Chair Sangha, Secretary Sanchez, and Commissioner Thrasher

Absent: None

PUBLIC HEARINGS:

PH-A Master Case No. 20-083: Tentative Parcel Map No. 20464 (TPM No. 20-021), Variance No. 22-001, Conditional Use Permit No. 20-025, Conditional Use Permit No. 22-019, Conditional Use Permit No. 22-028, and Design Review No. 20-031 - for the development of commercial retail center to include a banquet hall, dual branded hotel, restaurant/retail building, and a drive-through restaurant on an approximately 8.9 adjusted gross acre site.

Vice Chair Sangha recused himself due to personally knowing the developer of the project.

Chair Fort opened Public Hearing.

Salvador Quintanilla, Senior Planner, presented the staff report and commented that staff received one comment letter.

The commission and staff discussed the Alcoholic Beverage Control license, variance, and linear feet stacking of the project. Another discussion took place regarding IN-N- OUT’s preliminary design of overflow stacking and staff mentioned that the applicant had various methods to control the flow and circulation of traffic. The commission also suggested revising the preliminary design by removing a current planter and adding additional landscape.

Additionally, the commission and staff discussed the color scheme of IN-N-OUT’s building and the possibility of changing the color of the stonework.

The applicant, Jinder Singh, stated that he read and agreed to the Conditions of Approval.

The applicant briefly gave a description of the project and mentioned that they were still looking for one more tenant to fill the restaurant site. 567
Planning Commission Minutes January 17, 2023

Page 3 of 9 ends

Secretary Sanchez thanked the applicant for bringing the project to the city.

The commission and Jeff Bryant, IN-N-OUT’s project manager discussed the parking and stacking of the project and proposed several contingency plans. The commission and Mr.

Bryant also discussed the overflow of traffic, typical and anticipated stacks and how to achieve traffic circulation in order to stay within property limits. Mr. Bryant also proposed several ways to clear traffic stacks and manage traffic flow.

Lastly, there was a second discussion regarding the possibility of changing the color of the building’s stonework to a tan color.

The following individuals spoke in opposition:

• Pastor Zach
• John Sicily
• Frankie Jimenez
• Louie Lopez
• Kelilah Federman

The following individuals spoke in favor:

• George Bratton
• Andrea De Leon

The commission directed staff to share comments regarding the technical studies and the Mitigated Negative Declaration. Staff indicated that they were comfortable that the document was adequate.

The Public Hearing was closed.

RECOMMENDATION:

Based on the information in the staff report and subject to the attached Findings and Conditions of Approval, staff recommends that the Planning Commission adopt Resolution PC No. 2023-001; and,

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

2. Approve Tentative Parcel Map No. 20464 (TPM No. 20-021); and,

3. Approve Variance No. 22-001; and,

4. Approve Conditional Use Permit No. 20-025; and,

5. Approve Conditional Use Permit No. 22-019; and,

6. Approve Conditional Use Permit No. 22-028; and ,

7. Approve Design Review No. 20-031.

ACTION: Motion was made by Secretary Sanchez, seconded by Commissioner Thrasher, and passed by a vote of 3-0-1 to adopt Resolution PC No. 2023-001 and 568
Planning Commission Minutes January 17, 2023

Page 4 of 9 ends

approve Master Case No. 20-083: Tentative Parcel Map No. 20464 (TPM No. 20-021), Variance No. 22-001, Conditional Use Permit No. 20-025, Conditional Use Permit No. 22-019, Conditional Use Permit No. 22-028, and Design Review No. 20-031

The motion carried by the following vote:

1. Approve Tentative Parcel Map No. 20464 (TPM No. 20-021); and,

2. Approve Variance No. 22-001; and,

3. Approve Conditional Use Permit No. 20-025; and,

4. Approve Conditional Use Permit No. 22-019; and,

5. Approve Conditional Use Permit No. 22-028; and ,

6. Approve Design Review No. 20-031.

AYES: Sanchez, Thrasher, Fort; NOES: None; ABSTAIN: Sangha; ABSENT: None

Vice Chair Sangha returned to the dais.

PH-B Master Case No. 21-056; Variance No. 22-002; Conditional Use Permit No. 22-023; Administrative Site Plan No. 21-030 - A request to construct a hydrogen fueling station and associated improvements at an existing Circle K site on approximately .48 acres.

Chair Fort opened Public Hearing.

Alejandro Rico, Associate Planner, presented the staff report.

Chair Fort commented on the removal of condition number 28.

The commission and staff briefly discussed the scope of the project and staff confirmed that no resurfacing or branding would be made to the convenience store.

Commissioner Sanchez suggested a fresh coat of paint for the existing building and staff commented that new landscaping would be added to the project.

Commissioner Sangha asked for clarification regarding the property owner and the two separate leases on the property.

The applicant, Ben Steckler, on behalf of Fielder Group, stated that he read and agreed to the Conditions of Approval.

The commission and applicant discussed the possibility of contacting the property owner and request permission to add new paint work to the existing building.

No one spoke in favor or opposition of this item.

The Public Hearing was closed.

569

Jennifer J. Farrell
Direct Dial: (714) 338-1884
E-mail: [email protected]

January 17, 2023

VIA E-MAIL
Sheila M. Sannadan
Adams Broadwell Joseph & Cardozo
601 Gateway Boulevard, Ste. 1000 South San
Francisco, CA 94080 Email:
[email protected]

Re: City of Fontana’s Response to January 12, 2023 and January 4, 2023 Correspondence Re: Mitigated Negative Declaration for the Fontana Square Project (Master Case No. 20-083).

Dear: Ms. Sannadan,
This office represents the City of Fontana (“ City”) as its Assistant City Attorney . Our office is in receipt of your Janu ary 12, 2023 letter seeking an extension of the review period for the Mitigated Negative Declaration (“MND”) for the Fontana Square Project (Master Case No. 20-083) (“Extension Letter ”), your January 4, 2023 letter requesting access to documents (“Document Request Letter”), and your January 4, 2023 Public Records Act Request for “any and all records referring or related to the Fontana Square Project, Master Case No. 20 -083” (“CPRA Letter”), sent on behalf of your client Californians Allied for a Responsible Economy (“CARE CA”). Each of the aforementioned letters relates to the MND for the Fontana Square Project (Master Case No. 20-083) (“Project”).

Your Extension Letter requests that the City extend the public review and comment period on the MND for the Project because CARE CA has not been able to obtain and review certain documents cited in the MND. Your letter asserts that the California Environmental Quality Act (“CEQA”) requires the City to provide around 40 documents in response to your Document Request Letter which you describe as submitted “pursuant to CEQA,” specifically CEQA section 21092(b)(1) and CEQA Guidelines section 15072(g)(4), requesting “ immediate access to all documents referenced or relied upon;” in the MND.”
As more specifically set forth herein, the City respectfully declines your request to extend the public review and comment period for the Project, because the City has fully complied with its obligations pursuant to CEQA section 21092(b)(1) and CEQA Guidelines section 15072(g)(4).

CEQA section 21092(b)(1) includes public notice requirements for agencies preparing environmental impact reports or negative declarations. It provides, in relevant part “[t] he notice shall specify . . . the address where copies of the draft environmental impact report or negative declaration, and all documents referenced in the draft environmental impact report or negative 570

Sheila M. Sannadan
January 17, 2023

Page 2 ends

2905/035458-0011
18712265.9 a01/17/23

declaration, are available for review ….” (Pub. Res. Code, § 21092(b)(1) [ emphasis added ].) CEQA Guidelines section 15072(g)(4) clarifies that the notice shall specify “[t] he address where copies of the proposed negative declaration or mitigated declaration and all documents incorporated by reference in the proposed negative declaration or mitigat ed declaration will be available for public review. This location shall be readily accessible to the public during the lead agency's normal working hours.” (14 Cal. Code Regs., § 15072(g)(4) [emphasis added].) CEQA Guidelines section 15072(g)(4) was most recently amended effective 2018 to clarify that the term “referenced in the proposed negative declaration or mitigated declaration ” for the purposes of CEQA section 21092 and CEQA Guidelines section 15072(g)(4) means “ incorporated by reference” as described in CEQA Guidelines section 15150.1 In its comments on the amendment, the Governor’s Office of Planning and Research observed that “ if the requirement for the lead agency to make documents available for public inspection were to include all documents s imply referenced or cited in an EIR or negative declaration, the requirement would be burdensome, unnecessary and unreasonable on lead agencies .” These authorities clarify that CEQA requires that the City provide notice of the address where all documents incorporated by reference in the MND are available for public inspection.

The City’s public notice specified that the MND and all documents incorporated by reference in the MND are available for review at Fontana City Hall, 8353 Sierra Ave., Fontana, CA 92335. The City has therefore complied with its obligations pursuant to pursuant to CEQA section 21092(b)(1) and CEQA Guidelines section 15072(g)(4).

The City will continue responding to your requests for documents in your CPRA Letter in compliance with the California Public Records Act (Gov. Code, §§ 7920.000 et seq) (“CPRA”).

However, the City rejects the assertion in your CPRA Letter that CPRA section 6253 (recodified at Government Code Section 7922.525) entitles you to “immediate access” to the rec ords requested, and that the CPRA response timelines do not apply.

CPRA section 7922.525 provides in full:
(a) Public records are open to inspection at all times during the office hours of a state or local agency and every person has a right to inspect any public record, exempted as otherwise provided.

(b) Any reasonably segregable portion of a record shall be available for inspection by any person requesting the record after deletion of the portions that are exempted by law.

This section is part of the overall framework of the CPRA, but does not provide a separate right of access to the timelines for response. (See Gov. Code, § 7922.535.) CPRA Section 792.525 provides the general public right to inspect records, including a right to inspect records at the

1 Governor’s Office of Planning and Research, November 2017 Proposed Updates to the CEQA Guidelines [https://opr.ca.gov/docs/20171127_Comprehensive_CEQA_Guidelines_Package_Nov_2017.pdf]. 571

Sheila M. Sannadan
January 17, 2023

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business location of a local agency during business hours. This section does not provide an alternative avenue to circumvent the timeframes provided in the CPRA. ( See Bruce v. Gregory (1967) 65 Cal.2d 666, 676 [right to public records constrained by an “inherent reasonableness limitation … to protect the safety of the records against theft, mutilation or accidental damage, to prevent inspection from interfering with the orderly function of his office and its employees, and generally to avoid chaos in the record archives.”]; Rosenthal v. Hansen (1973) 34 Cal.App.3d 754, 761.)

For these reasons, the City respectfully declines your request to extend the public review and comment period for the Project.

Very truly yours,

RUTAN & TUCKER, LLP

Jennifer J. Farrell
Assistant City Attorney for the City of Fontana
JF:js
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Appeal Responses

A-1 The commenter identifies himself as representing the Californians Allied for a Responsible Economy (“CARE CA”) and identifies the Project. This comment does not raise any issues with the environmental analysis provided in the Initial Study/Mitigated Negative Declaration (IS/MND) and no further response is required.

A-2 The commenter provides a general summary of the Project Description as provided in the IS/MND. This comment does not raise any issues with the environmental analysis provided in the IS/MND and no further response is required.

A-3 The commenter states that CARE CA has submitted an Appeal letter and paid the appeal fee. This comment does not raise any issues with the environmental analysis provided in the IS/MND and no further response is required.

A-4 The commenter states their belief that the Project should be required to prepare an Environmental Impact Report (EIR) rather than a IS/MND because the Project may have significant, unmitigated air quality, public health, greenhouse gas emissions, public safety, and noise impacts that are not adequately disclosed or mitigated by the IS/MND. However, technical studies for the Project were prepared and determined that all impacts could be reduced to less than signif icant with mitigation. Responses to specific comments are provided below. No further response is required.

A-5 The commenter states that their comment letter includes technical reports for air quality, hazards, and noise prepared by their consultants. The commenter states the Project would cause significant cancer risk, potentially significant impacts from greenhouse gas emissions, significant noise impacts, and significant cumulative impacts. However, technical studies for the Project were prepared and d etermined that all impacts could be reduced to less than significant with mitigation. Responses to specific comments are provided below. No further response is required.

A-6 The commenter states that the Planning Commission was premature because the publ ic comment period was still open at the time the hearing occurred. The Planning Commission hearing was held on the evening of January, 17, 2023. The comment period began on December 23, 2022 and ended on January 17, 2023, which resulted in a 26 -day comme nt period. Because the project does not include any state agency approvals, a 20 -day comment period is appropriate per CEQA Guidelines. As such, the City provided 6 additional days of public review beyond what is required per CEQA. No further response is r equired.

A-7 Comment noted.

A-8 Refer to Response A-6, above.

A-9 The commenter requests on behalf of CARE CA, that the City prepare an EIR. However, an EIR is not required because all Project impacts can be reduced to less than significant by implementing mitigation measures.

A-10 The commenter summarizes their view of the findings of the IS/MND stating that the Project construction and oper ation impacts would be less than significant and claims that the find ings are unsubstantiated because the City did not quantify the risk and compare it to applicable thresholds. However, the IS/MND did analyze air quality impacts related to the constructio n and operation of the Project. Table 8, Construction-Related Emissions on page 70 of the Draft IS/MND shows construction emissions are well below SCAQMD significance thresholds for construction . Table 9, Long -Term Operational Emissions on page 71 of the D raft IS/MND shows that unmitigated operational emissions are also below are below SCAQMD significance thresholds for operations and that mitigation required to reduce GHG emissions would further reduce operational emissions. In addition, Table 11, Localized Significance of Construction Emissions and Table 12, Localized Significance of Operational Emissions on page 75 of the Draft IS/MND 573

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shows that localized impacts on surrounding sensitive receptors would be less than significant. Localized significance thresholds represent the maximum emissions from a project that are not expected to cause or contribute to an exceedance of the most stringent applicable federal or state ambient air quality standard.

As shown in IS/MND Table 7, Table 8, Table 11, and Table 12 (see to pages 70 to 75), Project emissions are below the SCAQMD’s regional and localized thresholds. The SCAQMD set its CEQA significance thresholds based on the Federal Clean Air Act ( FCAA). The National Ambient Air Quality Standards (NAAQS) establish the levels of air quality necessary, with an adequate margin of safety, to protect public health. Projects that do not exceed the SCAQMD’s LSTs and mass emissions thresholds would not violate any air quality standards or contribute substantially to an existing or projected air quality violation and no criteria pollutant health impacts. Therefore, the commenter is incorrect that the IS/MND did not compare the Project to applicable thresholds and that the IS/MND’s findings are unsubstantiated.

Furthermore, contrary to the commenter’s assertion the Project is not required to prepare a Health Risk Assessment, as such an assessment was not necessary or appropriate under the applicable circumstances .

As described in more detail below, t he Project is not subject to regulation under the Hots Spots Act, the 2003 Guidance Manual, or 2015 Guidance Manual , California Air Pollution Control Officers Association (CAPCOA) guidance, or SCAQMD guidance.

Air Toxics Hots Spots Act, the OEHHA 2003 Guidance Manual, and the OEHHA 2015 Guidance Manual

The Air Toxics “Hot Spots” Information and Assessment Act of 1987 (Hot Spots Act) regulates stationary sources. The Hot Spots Act is designed to provide information to state and local agencies and to the general public on the extent of airborne emissions from stationary sources and the potential public health impacts of those emissions. 1 The Office of Environmental Health Hazard Assessment (OEHHA), in conjunction with the California Air Resources Board (CARB) and the CAPC OA, has adopted guidance manuals for use in implementing the Air Toxics “Hot Spots” Program (Hot Spots Program) as part of the Hot Spots Act (Health and Safety Code Section 44360 et. seq.).

In 2003, OEHHA adopted the Air Toxics Hot Spots Program Risk Ass essment Guidelines – The Air Toxics Program Guidance Manual for Preparation of Health Risk Assessments (2003 Guidance Manual). OEHHA adopted a new version of the manual in March 2015, called the Hot Spots Program Guidance Manual for the Preparation of Risk Assessments (2015 Guidance Manual). The guidance manuals are intended to address health risks from airborne contaminants released by stationary sources. 2 The intent of developing the guidance manuals is to provide health risk assessment (HRA) procedures f or use in the Hot Spots Program or for the permitting of new or modified stationary sources. 3 Stationary sources are typically industrial-type uses that emit toxic air contaminants (TACs) 4 and are regulated by and/or require permits from the Air Districts. Examples of stationary sources include: metal finishing/manufacturing, chrome plating facilities, various product manufacturing (e.g., food, chemical, material, etc.), stationary diesel engines (e.g., emergency backup generators), and refineries. 5 The guidance manuals are not meant to be used for a health risk evaluation of typical non -stationary source land use projects such as residential and commercial development projects.

1 OEHHA, Air Toxics Hot Spots Program Risk Assessment Guidelines – The Air Toxics Program Guidance Manual for Preparation of Health Risk Assessments , August 2003, Section 1.1, page. 1 -1. See also, OEHHA, Risk Assessment Guidelines Guidance Manual for Preparation of Health Risk Assessments , February 2015. Available at:
https://oehha.ca.gov/media/downloads/crnr/2015guidancemanual.pdf, Section 1.1, page. 1-1 (accessed February 2023). 2 OEHHA, 2003 Guidance Manual and 2015 Guidance Manual at Section 1.1, page. 1-2. 3 Ibid.
4 “Toxic air contaminant” means an air pollutant which may cause or contribute to an increase in mortality or in serious illness, or which may pose a present or potential hazard to human health. See Health and Safety Code Section 39655. 5 CARB and CAPCOA, Risk Management Guidance for Stationary Sources, July 2015, Section I.D, page 5 and Appendix A, Table A-1: Statewide ARB Air Toxics Regulations for Stationary Sources. Available at:
https://ww2.arb.ca.gov/sites/default/files/classic/toxics/rma/rmgssat.pdf (accessed February 2023). 574

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OEHHA did not include CEQA significance thresholds applicable to construction activities or the operation of non-stationary source projects in the guidance manuals.6 Additionally, in the Risk Management Guidance for Stationary Sources of Air Toxics (2015), CARB and CAPCOA recognized that the OEHHA guidance manuals do not include guidance for CEQA and that this would be handled by individual Air Districts. 7

CAPCOA Guidance

The CAPCOA guidance document Health Risk Assessments for Proposed Land Use Projects (2009) (CAPCOA HRA Guidance) provides lead agencies with guidance regarding when and how an HRA should be prepared.

It bases the risk assessment methodology on the procedures developed by the OEHHA to meet the mandates of the Hot Spots Act. CAPCOA recognized that “[w]hile local air districts have ample experience evaluating and mitigating toxic emissions from permitted stationary sources, most have limited experience preparing or reviewing risk assessments associated with multiple toxic sources or assessments for exhaust from mobile sources that are typically found when evaluating he alth risks to proposed land use projects.” To bridge the gap between stationary sources subject to regulation by the Air Districts under the Hot Spots Act and health risk impacts from and to land use projects, CAPCOA prepared the CAPCOA HRA Guidance. 8 The CAPCOA HRA Guidance does not address how construction risk assessments should be conducted or how construction risk should be addressed in CEQA.

The operation of the Proposed Project is not a land use identified by the CAPCOA HRA Guidance that would generate toxic emissions (i.e., combustion related power plants, gasoline dispensing facilities, asphalt batch plants, or quarry operations) , nor does it include a stationary source that emits TACs. Nor is the Proposed Project a warehouse or distribution facility that generates more than 100 trucks per day or more than 40 trucks with operating transport refrigeration units. 9

For these reasons, the preparation of an HRA (or screening -level analysis) to assess the health risks due to the operation of the proposed Project is not required or recommended under the CAPCOA HRA Guidance.

The CAPCOA HRA Guidance does not consider construction -related health risks. Additional guidance is expected to be included in th e CAPCOA HRA Guidance once the toxic emissions from construction can be better quantified with updated science. This has not yet occurred, and was not available when the City prepared the notice of preparation for the Project and its environmental analysis . As such, preparation of an HRA to assess health risks due to construction of the Project is not required.

6 SCAQMD, Final Environmental Assessment for: Proposed Amended Rule 307.1 – Alternative Fees for Air Toxics Emissions Inventory; Proposed Amended Rule 1401 – New Source Review of Toxic Air Contaminants; Proposed Amended Rule 1402 – Control of Toxic Air Contaminants from Existing Sources; SCAQMD Public Notification Procedures for Facilities Under the Air Toxics ‘Hot Spots’ Information and Assessment Act (AB 2588) and Rule 1402 ; and, SCAQMD Guidelines for Participa ting in the Rule 1402 Voluntary Risk (SCAQMD Final EA) , pages 1 -2 and 2 -23, September 2016. Affected facilities are those in identified for the AB 2588 Air Toxics Hot Spots program, which does not include the proposed Project nor mixed-use projects like th e proposed Project that are not stationary sources. Further, the SCAQMD states it “does not have guidance on construction Health Risk Assessments.”
7 CARB and CAPCOA, Risk Management Guidance for Stationary Sources, July 2015, Section III.J, page 16. 8 CAPCOA, Health Risk Assessment for Proposed Land Use Projects , July 2009, page. 1. “While local air districts have ample experience evaluating and mitigating toxic emissions from permitted statutory sources, most have limited experience preparing or reviewing risk assessment associated with multiple toxic sources or assessment for exhaust from mobile sources that are typically found when evaluating health risks to proposed land use projects. In order to provide consistency to lead agencies, project proponents and the general public throughout the state, the [CAPCOA] formed a subcommittee … to develop guidance on assessing the health risk impacts from and to proposed land use projects.” Available at http://www.capcoa.org/wp-content/uploads/2020/12/withstamp_CAPCOA_HRA_LU_Guidelines_8-6-09-min.pdf (accessed February 2023).
9 CARB, Air Quali ty and Land Use Handbook: A Community Health Perspective , April 2005, available at:
https://www.arb.ca.gov/ch/handbook.pdf, SCAQMD, Health Risk Assessment Guidance for Analyzing Cancer Risks from Mobile Source Diesel Idling Emissions for CEQA Air Quality Analysis, August 2003. 575

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SCAQMD Guidance

The South Coast Air Quality Management District (SCAQMD) is the Air District in charge of implementing, regulating, and enforcing the Hot Spots Program in the South Coast Air Basin. The SCAQMD has promulgated rules in furtherance of the Hot Spots Act, 10 and prepared supplemental guidelines for preparing HRAs as a supplement to OEHHA’s guidance manuals. 11 These SCAQMD rules and supplem ental guidelines provide guidance for the preparation of HRAs for stationary and certain mobile sources, as described below.12 While these rules and guidelines indicate HRAs should be prepared for certain industrial projects, they do not require HRAs to be prepared as part of CEQA documents that evaluate the construction and operational impacts of residential and/or commercial projects , like the proposed commercial Project.13

Specifically, the Mobile Source Guidance provides interim guidance and recommended procedures for preparing HRAs for projects with the potential for DPM impacts, including the following limited activities:
(1) truck idling and movement (such as, but not limited to, truck stops, warehouse/distribution centers or transit centers); (2) shi p hotelling at ports; and (3) train idling. The Project does not include any of these industrial-related activities. Rather, the project proposes a commercial development composed of a banquet hall, hotel, convenience store, and restaurant uses and would b e accessed primarily by customer passenger vehicles. It would have significantly fewer trucks than the anticipated volume of trucks associated with a truck stop, warehouse/distribution center, or transit center. The Project's operational trucks would also be considerably fewer than 100 trucks per day or more than 40 trucks with operating transport refrigeration units, which is the criteria used by CAPCOA, SCAQMD, and CARB for considering the siting of new sensitive land uses near these types of sources.14 As such, the Project would not be a substantial source of DPMs and the preparation of an HRA is therefore not required.

With regard to construction impacts, the SCAQMD does not recommend preparing HRAs to determine the human health risk associated with the construction of land use projects. Specifically, the SCAQMD’s CEQA Air Quality Handbook (1993) (Air Quality Handbook) does not recommend analysis of TACs from short-term construction activities associated with land use development projects due to the limit ed duration of exposure related to construction impacts. According to SCAQMD methodology, health effects from carcinogenic air toxics are usually described in terms of individual cancer risk. Specifically, “Individual Cancer Risk” is the likelihood that a person continuously exposed to concentrations of TACs over a 70 -year lifetime will contract cancer based on the use of standard risk assessment methodology. 15 Because the construction schedule for the Project is based on estimates that the phases which requ ire the most heavy- duty diesel vehicle usage, such as demolition, site grading, excavation, would last for a much shorter duration (e.g., approximately 3 months), and the overall construction schedule would be limited to approximately 18 months, construction of the Project would not result in a substantial, long -term (i.e., 70- year) source of TAC emissions. No residual emissions and corresponding individual cancer risk are anticipated after construction. Because there is such a short -term exposure period (18 out of 840 months

10 See SCAQMD Rules and Regulations XIV – Toxics and Other Non-Criteria Pollutants, Rules 1401 and 1402. 11 SCAQMD, AB 2588 and Rule 1402 Supplemental Guidelines for Preparing Risk Assessment for the Air Toxics “Hot Spots ” Information and Assessment Act , October 2020 , Available at: http://www.aqmd.gov/docs/default-source/planning/risk- assessment/ab-2588-supplemental-guidelines.pdf (accessed February 2023). 12 SCAQMD, Health Risk Assessment Guidance for Analyzing Cancer Risks from Mobile Source Diesel Idling Emissions for CEQA Air Quality Analysis, August 2003.
13 SCAQMD Final EA, pages 1-2 and 2-23, September 2016. Affected facilities are those in identified for the AB 2588 Air Toxics Hot Spots program, which does not include the proposed Project nor mixed-use projects like the proposed Project that are not stationary sources. Further, the SCAQMD states it “does not have guidance on construction Health Risk Assessments.” 14 CARB, Air Quality and Land Use Handbook: A Community Health Perspective, April 2005. Available at:
https://www.arb.ca.gov/ch/handbook.pdf (accessed February 2023). 15 SCAQMD, CEQA Handbook, 1993. Chapters 5, 9 and 10.
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of a 70 -year lifetime), further evaluation of construction TAC emissions within the IS/MND was not warranted.

In addition, the SCAQMD has not provided any guidance on how to apply the 2015 Guidance Manual to construction activities.16 Any SCAQMD guidance that may be provided in the future would be included on SCAQMD’s CEQA Air Quality Analysis Handbook webpage. At this time, the SCAQMD has not provided any additional guidance to the CEQA Air Quality Analysis Handbook webpage. The IS/MND followed the guidance, available at the time of the notice of preparation, included on this webpage, as detailed in the Methodology section on pages IV.A-36 - IV.A-37 and pages IV.A-43 - IV.A-44, which specifically address TACs and associated health risks.

In sum, t he proposed Project is not a stationary source of toxic air contaminants or a generator of substantial truck traffic and would not otherwise expose sensitive receptors to toxic air contaminants above established regulatory thresholds. The commenter’s assertion that an HRA was required to be prepared for the Project is conflict with all applicable guidance issued by SCAQMD and other agencies responsible for regulating air quality impacts. Accordingly, a n HRA assessing construction and/or operational impacts was not required to be prepared.

CalEnviroScreen and AB 535

Exhibit 1 attached to the comment letter also presents data from CalEPA’s CalEnviroScreen, which the City does not dispute. CalEnviroScreen is a mapping tool that helps identify Cal ifornia communities that are most affected by many sources of pollutio n and prioritize funding . CalEnviroScreen uses environmental, health, and socioeconomic information to produce scores for every census tract in the State. The scores are mapped so that different communities can be compared. An area with a high score is one that experiences a much higher pollution burden than areas with low scores. The CalEnviroScreen score measures the relative pollution burdens and vulnerabilities in one census tract com pared to others and is not a measure of health risk.

As described above, t he City disagrees with the assertion that additional risk analyses are needed. Given the short-term construction schedule of approximately 18 months (1.5 years) , Project construction would not result in a long -term (e.g., 30 or 70 years) source of TAC emissions. The SCAQMD CEQA Air Quality Handbook does not recommend analysis of TACs from short -term construction activities associated with land use development projects. A c onstruction HRA is not required by SCAQMD and no guidance for HRAs for construction has been adopted by SCAQMD or the City.

Exhibit 1 also notes that the project site is located within a designated disadvantaged community under Senate Bill (SB) 535. SB 535 does not include project specific requirements or prohibit developments within designated communities. SB 535 directs 25 percent of the proceeds from the Greenhouse Gas Reduction Fund (i.e., funds from the AB 32 cap -and-trade program) to go to projects t hat provide a benefit to disadvantaged communities (as identified by the OEHHA mapping).

Furthermore, SCAQMD’s Multiple Air Toxics Exposure Study (MATES V) (August 2021) shows that carcinogenic risk from air toxics in the South Coast Air Basin, based on the average concentrations at the 10 monitoring sites, is approximately 40 percent lower than the monitored average in MATES IV (2015) and 84 percent lower than the average in MATES II (2000).17 The results of SCAQMD’s ongoing research in air toxics shows that risk levels are decreasing despite development and vehicle traffic growth. This trend is expected

16 SCAQMD Final EA, page. 2-23, September 2016.
17 South Coast Air Quality Management District (August 2021). MATES V Final Report, page ES-16. Available at http://www.aqmd.gov/docs/default-source/planning/mates-v/mates-v-final-report-9-24-21.pdf?sfvrsn=6. Accessed February 2023.
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to continue with the implementation of the various statewide policies focused on reducing mobile source emissions.

Project Construction Health Risk – For Informational Purposes

Notwithstanding the above, a quantitative HRA was prepared to evaluate the human health risk associated with Project construction. The analysis uses the U.S. EPA AERMOD dispersion model, which takes into consideration SCAQMD repr esentative meteorological data ( Fontana meteorological station), site-specific conditions, and source -to-receptor distance. The HRA also identifies the baseline condition around the Project Site and evaluates the incremental change in health risk concentration exposure from DPM emitted by heavy-duty diesel construction equipment during construction of the Project and delivery trucks during operation of the Project. As indicated above, the primary source of potential air toxics associated with the Project is DPM from heavy -duty diesel trucks and construction equipment used during construction. The SCAQMD recommends that an HRA be conducted for substantial sources of long-term DPM operational sources (e.g., truck stops and warehouse distribution facilities) and has provided guidance for analyzing mobile source diesel emissions.18

The results from the health risk calculations provide an estimate of the potential risks and hazards to individuals through inhalation of Project construction DPM emissions over a n 18-month duration. The estimated risks and hazards include: lifetime excess cancer risk estimates and cumulative chronic Hazard Index (HI) estimates for the receptor locations of concern.

The results of the HRA yield a maximum off -site individual cancer risk of 8.9 in one million for residential receptors located south of the Project site. The maximum chronic risk HI of 0.008 occurs within this same receptor area. As the Project would not emit carcinogenic or toxic air contaminants that result in impacts that exceed the maximum individual cancer risk of ten in one million or the chronic HI of 1.0, Project-related toxic emission impacts would be less than significant. It should be noted that these results represent the worst-case maximum concentration and conse rvatively use 95 th percentile breathing rates, an age sensitivity factor of 10 (a maximum value), an exposure frequency of 350 days per year and a fraction of time at home of 100 percent. The HRA thus confirms that Project construction would not result in health impacts.

A-11 As discussed above, an HRA is recommended when siting sensitive land uses near specific sources of air pollution19 or for Potentially High Risk Level Facilities. 20 The Project does not include significant sources of diesel trucks or other sources of DPM, and is thus not the type of project for which an HRA is recommended.

The commenter nonetheless claims that their consultant determined that Project emissions from DPM would result in a significant cancer risk at several homes in the neighborhoods south of the Project, assuming the average operational DPM concentration is 0.039 ug/m 3 over a 30-year exposure. It is impossible to fully understand the basis for the comm enter’s assertion, because the commenter did not provide the inputs used in AERMOD (only the results as an appendix). In addition, although the comment letter presents information that they state is from OEHHA’s HARP 2 Standalone Risk software, they do no t provide any inputs or outputs to verify those results. Nevertheless, is it clear that the asserted cancer risk is based on deeply flawed assumptions and methodology.

Although the commenter’s attachment does not include model outputs, the letter indicates that the commenter took the total PM 2.5 exhaust emissions that the IS/MND air quality study indicated would be generated by the Project , and then based their calculations on the improper assumption that all such emissions were the result of diesel fuel combustion. In fact, operational mobile source exhaust emissions

18 SCAQMD, Mobile Source Guidance, August 2003.
19 http://www.aqmd.gov/docs/default-source/ceqa/handbook/california-air-resources-board-air-quality-and-land-use- handbook-a-community-health-perspective.pdf
20 http://www.aqmd.gov/home/rules-compliance/compliance/toxic-hot-spots-ab-2588/health-risk-assessment 578

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from the Project are primarily from gasoline-fueled vehicles, such as passenger vehicles and light-duty pick- up trucks, with a much smaller amount attributable to diesel-fueled trucks, as provided in the vehicle fleet percentages in the CARB on -road vehicle emissions factor (EMFAC) model. The commenter , however, incorrectly modeled all of the PM2.5 exhaust as DPM and then presumably applied the DPM cancer potency factor to arrive at their health risk conclusion. By treating all PM2.5 emissions as DPM emissions, when only a small portion of such emissions are DPM emissions, the commenter drastically overstated health impacts.

The commenter’s health risk analysis also incorrectly and absurdly assumes all of the Project’s PM2.5 exhaust emissions would occur on the project site. In fact, the emissions used by the commenter are the total PM2.5 exhaust, which is primarily off -site vehicle travel. Mobile sources, by their very nature, do not generate emissions at a single location , but rather along the entire vehicle trip ; thus, mobile emissions, including PM2.5 emissions, attributable to the Project would be dispersed along regional roadways, not concentrated at a single location. When conducting HRAs, dispersion of pollutants is a critical consideration because health risk impacts are a direct result of TAC concentrations. The commenter’s HRA , however, improperly and incorrectly assumed that all mobile source emissions would occur at a single location, which results in concentrations at sensitive receptors that are artificially elevated to highly unrealistic levels.

Therefore, the commenter’s health risk results are misleading, highly inaccurate , and lack credibility. In other words, the commenter’s conclusions are not supported by credible evidence, much less substantial evidence, and therefore do no support the conclusion that the Project would have a significant health risk impact with respect to DPM emissions.

The project would not generate TAC emissions on -site and the commenter’s estimate is significantly overstated. However, a more accurate approach (but still conservative) would be to estimate the proportion of on -site DPM exhaust based on the diesel truck fleet mix and the proportion of time diesel vehicles would operate on -site. The CalEEM od fleet mix for the project assumed 1.73 percent of vehicles accessing the site would be heavy-duty trucks, 1.14 percent would be medium-duty trucks, and 0.72 percent would be light -heavy duty trucks. Conservatively assuming that 10 percent of off -site mo bile sources emissions would occur on -site, the 0.552 pounds per day of on -site emissions used in the commenter’s analysis would actually be 0.00198 pounds per day, which is approximately 99.6 percent lower. Therefore, the commenter’s calculated risk of 33.8 in one million should actually be closer to 0.12 in one million, which is far below the 10 in one million threshold. It should be noted that this risk assessment is provided for informational purposes using conservative estimates to fully respond to the comment. As discussed above, the project would not include operational TAC sources and a health risk assessment is not required for the project.

A-12 The commenter states that the Planning Commission’s decision to adopt the IS/MND without requiring a HRA is a violation of CEQA. As addressed in Response A-11, the Project does not require an HRA.

A-13 The commenter states that City Council should vacate the Planning Commission’s decision and require the City to prepare an EIR that includes a HRA. As addressed in Response A-11, the Project does not require an HRA.

A-14 The commenter asserts that the ISMND failed to adequately evaluate potential health risk impacts that could arise from the disturbance of contaminated soils. Consistent with American Society for Testing and Materials (ASTM) International E1527 -13, environmental databases and records were reviewed to determine whether the Project site or surrounding properties are included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 (“Cortese” list). 21 Review indicated that the Project site is not included on the Cortese list, and no surrounding properties are identified on this list of

21 DTSC. 2021. Cortese List. Available at:
https://www.envirostor.dtsc.ca.gov/public/search?cmd=search&reporttype=CORTESE&site_type=CSITES,FUDS&status=ACT,BKLG,COM&r eporttitle=HAZARDOUS+WASTE+AND+SUBSTANCES+SITE+LIST+%28CORTESE%29. Accessed March 16, 2021. 579

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hazardous materials sites. These findings are reinforced in the City’s General Plan which notes that “there are no Superfund sites within the City of Fontana.” 22 Therefore, no further investigation was warranted, and the ISMND appropriately concluded that no impact would occur in this regard. The commenter nonetheless insists that th e site is within the “fallout zone of the Kaiser Steel Mill ,” which operated from 1942-83, and thus, may have contaminated soil that could be disturbed during the Project’s construction.

The provided letter from Clark and Associates cites several reports from the 1970s indicating that the mill released pollutants into the air while it was operating. It fails to include any evidence, however, indicating that soil within the area of the Project —let alone the Project -site itself —was contaminated by mill operations. Furthermore, as the commenter acknowledges, the mill was located some 3.4 miles away from the Project site. Thus, if the Project site were considered to be within the ”fallout zone” of the mill, the same would be true for much of the City. Over the four decades since the mill stopped operating, the City has rapidly expanded and numerous sites in the vicinity of the Project, and between the mill and the Project site, have been developed. During that time, the City is not aware of any discovery of conta minated soil that would be consistent with the commenter’s claims. Thus, the City’s experts do not find the commenter’s claim that the Project site may be contaminated as a result of the past operations of the Kaiser Steel Mill several miles away to be credible.

Nevertheless, in response to the commenter’s purported concerns , a formal Phase I environmental site assessment was conducted by RSB Environmental. As documented in the Phase I Environmental Site Assessment Report , dated February 28, 2023 and attached hereto as Exhibit A, there is no evidence of environmental contamination on the Project site and thus “no further actions are recommended.” ( See Phase I, pp. 31 -32 [Findings, Conclusions, and Recommendations].) In addition, notwithstanding RS B’s expert determination that no further investigation was warranted, in order to conclusively disprove the commenter’s contention regarding possible soil contamination, soil sampling and testing is currently underway. Because it takes several weeks to rec eive the results of such testing, the results were not available at the time of this response, however, such results are expected to be available in advance of the City Council hearing of CARE CA’s appeal. Based on the Phase I investigation, the City expec ts such results to confirm there is no soil contamination requiring further actio n. I n the unlikely event that soil contamination is discovered, an additional mitigation measure requiring appropriate rem edial activities prior to Project construction will be recommended.

A-15 Refer to Response A-14 above.

A-16 The commenter asserts that the IS/MND did not analyze construction noise impacts at an existing sensitive receptor located at 15911 Highland Avenue. The receptor in question is designated as General Commercial and was originally a hotel . However, the property is currently operating as Sunrise Market, a small convenience/liquor store and is not a sensitive receptor. The commenter claims that a three -bedroom apartment is located above the convenience st ore based on an internet listing offering the property for sale. As accessed on February 28, 2023, the listing does not appear to include language claimed by the commenter, and the City is not aware of any information confirming that the property is curre ntly being used as a residence . Nonetheless, as further discussed below, even assuming t he property is a sensitive receptor, the conclusions set forth in the IS/MND remain unchanged.

A-17 The commenter states that construction of Development B would occu r 39 feet from the purported residence and would exceed FTA’s threshold of 80 dBA during demolition, site preparation, grading, and building construction phases of the Project without mitigation. The commenter also states that the IS/MND should include mit igation measures to reduce noise impacts to less than significant. Assuming that the Sunrise Market is considered a sensitive receptor, according to the FTA’s methodology all equipment is assumed to be located at the center of the Project site to approximate equipment moving throughout the site during construction activities. In addition, the commenter is incorrect in stating the property is 39 feet from Development B. The property in question is 78 feet from the center of Development A and 300 feet

22 City of Fontana. 2015 – 2035 General Plan Update. Chapter 11, Noise and Safety - Hazards and Hazardous Materials, page 11.7. 580

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from the center of Development B. Based on the shape and orientation of the site, the sensitive receptors to the south of the site are located closer to the center of the site than 15911 Highland Avenue. Therefore, construction noise impacts at 15911 Highland Avenue would be lower than those analyzed in the IS/MND.

A-18 The commenter states that the Project would result in significant impacts and the City should be required to prepare an EIR. As addressed in response A-17, the Project would not result in significant noise impacts.

A-19 The applicant is required to pay Development Impact Fees toward police services per the City’s Municipal Code. With compliance of the applicable specifications and design principles pursuant to the FPD’s C.P.T.E.D, continued maintenance of an approximately one officer to 1,000 resident ratio, and the payment of associated DIF, additional police services are not necessary and potential impacts on police protection due to implementation of the Project would be less than significant. Refer also to Responses A -85 and A-

86. A-20 The commenter states that City Council should vacate the Planning Commission’s decision and require the City to prepare an EIR that includes a meaningful public services impact analysis. As addressed in response A-19, the Project would not result in significant and unavoidable impacts. As such, a Mitigated Negative Declaration is the appropriate CEQA document for the Project.

A-21 The City disagrees with the commenter. The Project is consistent with land use and zoning for the Project site, and the Planning Commission made its decision based on substantial evidence.

A-22 Refer to Responses A-1 through A-21 above.

A-23 The commenter suggests tha t the Planning Commission violated CEQA by approving the IS/MND and requests the City prepare an EIR for the Project. Refer to Responses A -1 through A -21 above. The City disagrees that an EIR needs to be prepared. As demonstrated by the technical studies prepared in connection with the IS/MND and further explained in these responses, there is no substantial evidence indicating supporting the claim that the Project would result in significant impacts after mitigation .

January 17, 2023 Letter

A-24 The commenter identifies himself as representing the Californians Allied for a Responsible Economy (“CARE CA”) and identifies the Project. This comment does not raise any issues with the environmental analysis provided in the IS/MND and no further response is required.

A-25 The comment describes project location. This comment does not raise any issues with the environmental analysis provided in the IS/MND and no further response is required.

A-26 The comment is a general summary of the project description. This comment does not raise any issues with the environmental analysis provided in the IS/MND and no further response is required.

A-27 Refer to Response A-6.

A-28 Refer to Response A-4 and Response A-7 through A-8.

A-29 Refer to Response A -6. Additionally, as identified in the Mitigated Negative Declaration prepared for the Project, no significant and unavoidable impacts were identified.

A-30 The comment identifies the technical support used to prepare comment. This comment does not raise any issues with the environmental analysis provided in the IS/MND and no further response is required.

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A-31 This comment provides a statement of interest and does not raise any issues with the environmental analysis provided in the IS/MND and no further response is required.

A-32 Refer to Response A-6.

A-33 Refer to Response A-6.

A-34 Refer to Response A-6.

A-35 Refer to Response A-6.

A-36 Refer to Response A-6. The commenter does not identify which documents are missing from the MND. As such, no response is required.

A-37 Refer to Response A-36, above.

A-38 As previously discussed, the comment period began on December 23, 2022 and ended on January 17, 2023, which resulted in a 26 -day comment period. The MND and all as sociated technical studies were made publicly available during the entirety of the comment period.

A-39 Refer to Response A-38, above. CEQA Section 21092(b)(1) includes public notice requirements for agencies preparing environmental impact reports or nega tive declarations. It provides, in relevant part “the notice shall specify… the address where copies of the draft environmental impact report or negative declaration, and all documents referenced in the draft environmental impact report or negative declaration, are available for review…” (Pub. Res. Code, §21092(b)(1)). CEQA Guidelines section 15087(c)(5) clarifies that the notice shall specify “the address where copies of the EIR and all documents incorporated by reference in the EIR will be available for public review. This location shall be readily accessible to the public during the lead agency’s normal working hours.” (14 Cal. Code Regs., §15087(c)(5)). CEQA Guidelines Section 15087(c)(5) was most recently amended effective 2018 to clarify that the term “ referenced in the Draft environmental report” for the purposes of CEQA Section 21092 and CEQA Guidelines Section 15087 means “incorporated by reference ” as described in CEQA Guidelines Section 15150. In its comments on the amendment, the Governor’s Office of Planning and Research observed that “if the requirement for the lead agency to make documents available for public inspection were to include all documents simply referenced or cited in an EIR or negative declaration, the requirement would be burdensome, unnecessary and unreasonable on lead agencies.” These authorities clarify tha t CEQA requires that the City provide notice of the address where all documents incorporated by reference in the DEIR are available for public inspection. The City respectfully declines the commenter’s request to extend the public review and comment period for the Project because the City has fully complied with its obligations pursuant to CEQA Section 21092(b)(1) and CEQA Guidelines Section 15087(c)(5). The City will continue responding to the commenter’s requests for documents in compliance with the Cali fornia Public Records Act (Gov. Code, §§6250 et seq).

A-40 Refer to Response A-38 above.

A-41 Refer to Response A-4 and Response A-9.

A-42 CEQA Guidelines Section 15384 states: (a) “Substantial evidence” as used in these guidelines means enough relevant information and reasonable inferences from this information that a fair argument can be made to support a conclusion, even though other conclusions might also be reached. Whether a fair argument can be made that the project may have a significant effect on the environment is to be determined by examining 582

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the whole record before the lead agency. Argument, speculation, unsubstantiated opinion or narrative, evidence which is clearly erroneous or inaccurate, or evidence of social or economic impacts w hich do not contribute to or are not caused by physical impacts on the environment does not constitute substantial evidence. (b) Substantial evidence shall include facts, reasonable assumptions predicated upon facts, and expert opinion supported by facts.

A fair argument requires substantial evidence (CA Code of Regulations. § 15384(a)). Substantial evidence, for purposes of the fair argument standard, includes “fact, a reasonable assumption predicated upon fact, or expert opinion supported by fact.”23 Under CEQA Guidelines Section 15384, argument, speculation, unsubstantiated opinion or narrative, evidence that is not credible, and evidence of social and economic impacts does not constitute substantial evidence. (Pala Band of Mission Indians v. County of Sa n Diego (1998) 68 Cal.App.4th 556, 580.)

Refer to responses A-4 and A-5 as well as A-10 through A-11 regarding the project’s air quality impacts, and Response A-16 and A-17 regarding the project’s noise impacts. As noted in Response A-11, the commenter’s modeling and results are misleading, highly inaccurate and lack credibility. Therefore, the commenter’s conclusions are not supported by credible evidence, much less substantial evidence, and therefore do no t support the conclusion that the Project would have a significant health risk impact with respect to DPM emissions. As the data provided by the commenter does not accurately represent the project, it does not support a fair argument based on substantial ev idence. Neither this nor any other comment presents substantial evidence of a fair argument that the project may cause a significant impact. In the absence substantial evidence provided in comments, an IS/MND is the proper means to evaluate a project under CEQA. This comment does not raise any new information with respect to the disposition of significant environmental impacts or issues evaluated in the IS/MND and therefore, no further response is required.

A-43 Refer to Response A-42. Additionally, as identified in the Mitigated Negative Declaration prepared for the Project, no significant and unavoidable impacts were identified.

A-44 Refer to response A-42.

A-45 Refer to response A -42. As noted above, the comment does not provide substantial evidence o f a fair argument that the project may cause a significant impact. In the absence substantial evidence provided in comments, an IS/MND is the proper means to evaluate a project under CEQA.

A-46 The comment discusses mitigation measures and CEQA guidelines in general does and not reference a specific mitigation measure in the IS/MND or specific issues with the environmental analysis in the IS/MND.

No further response is required.

A-47 Refer to Response A-1 through A-23 above.

A-48 The City respectfully di sagrees. The MND fully describes the Project, starting on page 5 of the MND. The MND also includes multiple exhibits to further describe and visualize the Project.

A-49 Refer to Response A-48.

A-50 Refer to Response s A-16 and A-17 regarding noise. The localized air quality analysis (IS/MND page 73 to page 75) followed the SCAQMD’s Localized Significance Thresholds Methodology Document (July 2008) and demonstrated that Project emissions would not exceed the SCAQMD’s Localized Significance Thresholds (LSTs). The analysis used thresholds from the SCAQMD’s lookup tables based on the closest receptors located 32 meters away. However, as shown below, P roject emissions would not exceed the SCAQMD’s

23 Pub. Res. Code § 21080(e)(1) (emphasis added); Citizens for Responsible Equitable Environmental Development v. City of Chula Vista (2011) 197 Cal.App.4th 327, 331 (“CREED”). 583

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most conservative thresholds at 25 meters (appropriate for receptors located 25 meters away or less).

Therefore, no impact would occur at the adjacent convenience store.

Activity
Emissions (Maximum Pounds Per Day)
Nitrogen Oxide
(NOx)
Carbon Monoxide
(CO)
Coarse Particulate
Matter (PM10)
Fine Particulate
Matter (PM2.5)
Maximum Construction Emissions 33.08 20.59 9.28 5.42
SCAQMD Localized Construction
Screening Threshold (adjusted for 3.5
acres at 25 meters)
220 1,359 11 6
Threshold Exceeded? No No No No
Operations – On-Site and Mobile
Source Emissions 5.52 4.68 0.42 0.42
SCAQMD Localized Screening
Threshold
(5 acres at 25 meters)
270 1,746 4 2
Threshold Exceeded? No No No No

A-51 Refer to Response A-10 and Response A-11.

A-52 Refer to Response A-10 and Response A-11.

A-53 Refer to Response A-10 and Response A-11.

A-54 Refer to Response A-10 and Response A-11.

A-55 Refer to Response A-10 and Response A-11.

A-56 Refer to Response A-10 and Response A-11.

A-57 Refer to Response A-10 and Response A-11.

A-58 Refer to Response A-10. The case law referenced in the comment concerns health effects from exceedances of criteria pollutant thresholds (i.e., not Toxic Air Contaminants [TACs]). Project emissions are below the SCAQMD’s regional and localized thresholds. The SCAQMD set its CEQA significance thresholds based on the Federal Clean Air Act (FCAA). The National Ambient Air Quality Standards (NAAQS) establish the levels of air quality necessary, with an adequate margin of safety, to protect public health. Projects that do not exceed the SCAQMD’s LSTs and mass emissions thresholds would not violate any air quality standards or contribute substantially to an existing or projected air quality violatio n , and thus would not contribute to health impacts.

A-59 Refer to Response A-10 and Response A-11.

A-60 Refer to Response A-10 and Response A-11.

A-61 Refer to Response A-10 and Response A-11.

A-62 Refer to Response A-10 and Response A-11.

A-63 Refer to Response A-10 and Response A-11.

A-64 Refer to Response A-11.
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A-65 Refer to Response A-11.

A-66 Refer to Response A-11.

A-67 Refer to Response A-14.

A-68 Refer to Response A-14.

A-69 Refer to Response A-14.

A-70 Refer to Response A-14.

A-71 Refer to Response A-14. Additionally, the MND fully discloses all potential health and safety risks associated with development of the Project.

A-72 The commenter asserts MM GHG-3 (TDM Program) is non -binding and improperly deferred. The commenter is incorrect. MM GHG-3 is included in the Mitigation Monitoring and Reporting Program and the required TDM program is required to be submitted to the City prior to the issuance of occupancy permits. It thus fully enforceable and binding on the applicant. Further, while MM GHG-3 allows for some flexibility in the particulars of the TDM program, it specifies numerous features that the TDM Program is required to include. Therefore, there are assurances that reductions in commute VMT through feasible TDM measures would be provided by th e Project and would be implemented as part of future Certificates of Occupancy for future tenants.

A-73 Refer to Response A-72.

A-74 Refer to Response A-72.

A-75 Refer to Response A-72.

A-76 TDM measures were incorporated and quantified in CalEEMod’s mitigation module. The model outputs in IS/MND Appendix A shows that CalEEMod’s TRT-1 (Implement Trip Reduction Program), TRT-3 (Provide Ride Sharing Program), and TRT-11 (Employee Vanpool/Shuttle) were applied. According to the CAPCOA guidance Quantifying Greenhouse Gas Mitigation Measures (2011), such a trip reduction program may include carpooling encouragement, ride -matching assistance, preferential carpool parking, flexible work schedules for carpools, half time transportation coordinator, vanpool ass istance, and bicycle end -trip facilities (parking, showers and lockers). All of these features are expressly required to be included in the TDM Program per MM GHG-3. TRT-3 increases vehicle occupancy by ride sharing , will resulting in fewer cars driving t he same trip, and thus decreas ing VMT. TRT-11 requires an employer -sponsored vanpool or shuttle. These measures would be facilitated by the transportation coordinator required in MM GHG-3.

CalEEMod caps the maximum reduction based on the CAPCOA report to avoid double counting. TRT -1 (Commute Trip Reduction Programs) applied in CalEEMod is defined by CAPCOA as a v oluntary multi - strategy program that encompasses a combination of individual measures (including ride sharing and vanpool). As TRT -1 encompasses a variety of measures, the CalEEMod/CAPCOA calculation includes a means of preventing double -counting of reductions for individual measures that are included in this strategy by setting a maximum level of reductions permitted for a combined set of strategi es within a voluntary program.24

24 California Air Pollution Control Officers Association, Quantifying Greenhouse Gas Mitigation Measures, page 218, 2010. 585

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CAPCOA notes that the TRT -3 (Ride Sharing) strategy is often part of Commute Trip Reduction Program. 25 Additionally, CAPCOA notes that vanpools (TRT-11) can capture 2 to 20 percent mode share.26 The Project’s CAPCOA modeling in the IS/MND used the 2 percent minimum to be conservative and to avoid double counting. It should be noted that the percentage reduction reflects emission reductions from running emissions. According to CAPCOA, the actual e missions reduction would be even lower because the reduction is conservatively not applied to starting and evaporative emissions.

As discussed in the IS/MND, MM GHG-3 requires carpooling encouragement, ride -matching assistance, preferential carpool parkin g, flexible work schedules for carpools, half time transportation coordinator, vanpool assistance, and including secure bicycle storage, showers for employees, lockers, etc. around the project site. In this case, the performance standard is to provide the above-mentioned amenities and services to encourage trip reduction. Information sharing and marketing are important components to successful trip reduction strategies. Because all of above -referenced features are required to be included in the TDM Program, application of TRT-1, TRT-3, and TRT-11 is appropriate. While the TDM Program may include additional features and strategies, no additional reductions were taken in CalEEMod. The mobile source emissions described in the ISMND are thus reasonable and conse rvative. The TDM program would be verified by the City prior to the issuance of occupancy permits.

A-77 Refer to Response A-76.

A-78 The commenter argues that the IS/MND improperly relies on MM GHG -2 to reduce the Project’s GHG emissions by 669.87 MTCO 2e per year, representing 100 percent of the expected building load, due to the fact that MM GHG-2 does not necessarily require the installation of on -site renewable energy generation.- MM GHG-2 requires the installation of solar photovoltaic (PV) panels or other source of renewable energy generation on -site, or that the applicant otherwise acquire energy from the local utility that has been generated by renewable sources (for example, Southern California Edison Green Rate), that would provide 100 percent of the expected building load. Electricity purchased from the Southern California Edison Green Rate is from 100 percent renewable sources.27 Specifically Southern California Edison purchases renewable energy to meet the needs of Green Rate participants from solar renewable developers within their service territory. This is typically a voluntary program that is required per MM GHG-2. Therefore, the purchasing electricity from the Green Rate plan would still offset the project’s electricity emissions. To the extent there is any confusion regarding the information presented in IS/MND Table 15, the energy -related emissions of 1,557.62 MTCO2e per year do not account for the purchase/generation of ren ewable electricity (which is listed separately as -669.87. MTCO2e. Thus, purchasing electricity generated by renewable sources would reduce energy emissions to 887.57 MTCO 2e per year. Thus, regardless of whether the applicant ultimately determines to comply with MM GHG-2 via the installation of on-site generation or via purchase of electricity from renewable sources, the reduction associated with such measure is accurate.

A-79 Refer to Response A-78.

A-80 Refer to Response A-72 through Response A-79.

A-81 Refer to Response A-16 and Response A-17.

A-82 Refer to Response A-16 and Response A-17.

A-83 Comment noted.

25 California Air Pollution Control Officers Association, Quantifying Greenhouse Gas Mitigation Measures, page 228, 2010. 26 California Air Pollution Control Officers Association, Quantifying Greenhouse Gas Mitigation Measures, page 255, 2010. 27 Southern California Edison, Power Content Label, https://www.sce.com/sites/default/files/custom- files/Web%20files/Prospective%20Product%20Content%20Label.pdf 586

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A-84 The commenter is restating information contained in the MND.

A-85 As identified on page 168 of the MND, with compliance of the applicable specifications and design principles pursuant to the FPD’s C.P.T.E.D, continued maintenance of an approximately one officer to 1,000 resident ratio, and the payment of associated DIF, additional police services are not necessary and potential impacts on police protection due to implementation of the Project would be less than significant.

A-86 The commenter claims there is substantial evidence demonstrating that In-N-Out restaurants experience serious crime. The only evidence cited, however, ar e newspaper articles discussing a handful of incidents at various In-N-Out locations throughout California over a multi -year period. There are some 268 In-N-Out locations in California. ( www.in-n-out.com/locations/california) Thus, articles relating to a few isolated incidents that required a police response do not constitute substantial evidence suggesting that such restaurants generate above -average demand for police serv ices (let alone substantiate the hyperbolic claims made by the commentor ). Nevertheless, in response to this comment, City planning staff further consulted with the City’s police department to confirm that the Project, including In -N-Out can be adequately served by the de partment. As indicated in a March 7, 2023 letter from the Chief of Police attached hereto as Exhibit B, “[b]ased on the lack of issues with the pre -existing In N Out restaurant in the City of Fontana, police do not anticipate cause for extra patrol or an increase in calls for service.” The Chief further confirmed the police department has no concerns about and thus supports the proposed Project.

Accordingly, the City has sufficient police resources to serve the Project , and any claim to the contrary is baseless. Refer to Response A-85 above.

A-87 The commenter restates what entitlements are being sought for the Project.

A-88 As previously stated, the MND and associated technical studies determined that the Project would not create any significant and unavo idable impacts. As such, the preparation of an EIR is not necessary.

Additionally, City staff prepared findings for each permit, as noted in the staff report for the Project.

A-89 The MND fully analyzed and disclosed land use inconsistencies, starting on page 144 of the MND. The Project has a land use designation of General Commercial (C-G) and is within the General Commercial (C-2) Zoning District. The proposed Project is consistent with the zoning, but it will require the approval of CUP No. 20-025 and CUP No. 20 -026 to allow the development of the hotels. Therefore, development of the proposed Project would not conflict with the City’s land use plan, policy, or regulation and therefore, would be less than significant.

A-90 Refer to Response A-88.

A-91 Refer to Response A -1 through A -23 above. The Project does not have any significant and unavoidable environmental impacts.

Refer to Responses A-4 and A-5 as well as A-10 through A-11 regarding the project’s air quality impacts, and Response A -16 and A-17 regarding the project’s noise impacts. Technical studies for the Project were prepared and determined that all impacts could be reduced to less than significant with mitigation.

A-92 Refer to Response A-10 regarding CalEnviroScreen and AB 535.

A-93 Refer to Response A-10 regarding CalEnviroScreen and AB 535.

A-94 Refer to Response A -6. Additionally, as identified in the Mitigated Negative Declaration prepared for the Project, no significant and unavoidable impacts were identified. As such, an EIR is not warranted nor necessary.

A-95 Refer to Responses A-1 through A-94, above.
587

AMENDED NOTICE OF PUBLIC HEARING
SI DESEA INFORMACION EN ESPAÑOL REFERENTE A ESTA NOTIFICACION O PROYECTO, FAVOR DE COMUNICARSE AL (909) 350-6728.

The Project site is not on any properties listed under Section 65962.5 of the Government Code.

In compliance with Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132) and the federal rules and regulations adopted in implement ation thereof, the Agenda will be made available in appropriate alternative formats to persons with a disability. Should you need special assistance to participate in this meeting, please contact the City Clerk’s Department by calling (909) 350 -7602. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

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

Appeal (APL) No. 23-001/Master Case No. 20-083

A request by Adams Broadwell Joseph and Cardozo, on behalf of California Allied For A Responsible Economy (“The Appellant”) to appeal the Planning Commission’s decision on January 17, 2023, which approved Master Case No. 20-083 for Tentative Parcel Map No. 20464 (TPM No. 20-021), Variance No. 22-001, Conditional Use Permit No. 20-025, Conditional Use Permit No. 22-019, Conditional Use Permit No. 22-028, and Design Review No. 20-031 along with the adoption of an Initial Study, Mitigated Negative Declaration, and Mitigation, Monitoring, and Reporting Program for the development of commercial retail center to include a banquet hall, dual branded hotel, restaurant/retail building, and a drive-through restaurant (In-n-out) on an approximately 8.9 adjusted gross acre site on the northwest corner of South Highland Avenue and Citrus Avenue(APNS: 0228 -301-01 through - 08, 0228-310-20, -21, -22, -23, 0228-310-33 through -49, -51, and 52).

Environmental
Determination:

An Initial Study/Mitigated Negative
Declaration (IS/MND) has been
prepared for this project in accordance
with Section 15072 of the California
Environmental Quality Act (CEQA)
and Section 6.04 of the 2019 City of
Fontana Local Guidelines for
Implementing t he CEQA. Based on
the information in the IS/MND, all
significant impacts anticipated as a
result of project implementation would
be less than with mitigation
incorporated, and a Mitigation Monitoring and Reporting Program (MMRP) was prepared for the Planni ng Commission’s consideration; therefore, a Notice of Determination has been prepared.

Location of
Property:
16014 S. Highland Avenue, Fontana,
CA.
(APNs: 0228-301-01 through -08,
0228-310-20, -21, -22, -23, 0228-310-
33 through -49, -51, and 52)

Date of Hearing: March 28, 2023

588

Place of Hearing: City Hall Council Chambers
8353 Sierra Avenue
Fontana, CA 92335

Time of Hearing:

7:00 P.M.

Should you have any questions concerning this project, please contact Salvador Quintanilla, Senior Planner, at (909) 350-6656 or [email protected].

The City of Fontana (City) has prepared an Initial S tudy (IS)/Mitigated Negative Declaration (MND) for the proposed project. The initial study and proposed Mitigated Negative Declaration are available for review at City Hall (8353 Sierra Avenue Fontana, CA 92335) and online at https://www.fontana.org/2137/Environmental- Documents from Planning Commission Meeting of January 17, 2023.

ANY INTERESTED PARTY MAY APPEAR AND PRESENT ANY INFORMATION BY LETTER OR EMAIL WHICH MAY BE OF ASSISTANCE TO THE CITY COUNCIL . A COPY OF THE APPLICATION AND ENVIRONMENTAL DOCUMENTATION IS AVAILABLE FOR INSPECTION. PLEASE CONTACT THE PLANNER LISTED ABOVE.

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

BE LIMITED TO RAISING ONLY THOSE ISSUES YOU OR SOMEONE ELSE RAISED AT THE PUBLIC

HEARING DESCRIBED IN THIS NOTICE, OR IN WRITTEN CORRESPONDENCE TO THE CITY AT, OR PRIOR TO, THE PUBLIC HEARING.

Publish: March 18, 2023
S.B. Sun Newspaper

589
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2010 Agenda Date: 3/28/2023
Agenda #: C. Category: Public Hearing
FROM:

Planning Department
SUBJECT:
1st Cycle General Plan Amendment; Master Case Number (MCN) 22-052: General Plan Amendment (GPA) No. 22-003, Zoning Code (District Map) Amendment (ZCA) No. 22-004, Zoning Code Amendment (ZCA) No. 22-012 and Design Review (DRP) No. 22-028 - A request to adopt the Mitigated Negative Declaration pursuant to Section 15070 of the California Environmental Quality Act (CEQA) and Section 6.04 of the 2019 Local Guidelines for Implementing CEQA, amend the general plan land use designation and zoning designation from Multi-Family Residential and Multi-Family High Density Residential to Multi-Family Medium/High Density Residential and amend the required setback for buildings on parcels zoned Multi-Family Medium/High Density Residential (R-4) from parcels zoned Multi-Family Residential (R-3), in order to construct a multi-family residential development comprised of 88 units and five accessory dwelling units, on-site amenities, parking, landscaping and other on-site and off-site improvements on a 3.64 acre site located on the west side of Sierra Avenue between Ramona Avenue and San Jacinto Avenue.

RECOMMENDATION:

1. Adopt Resolution No. 2023-026, a Resolution of the City Council of the City of Fontana, adopting the Mitigated Negative Declaration 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 No. 22-003 amending the General Plan Land Use designation on approximately 3.64 acres from Multi-Family Residential (R-MF) and Multi-Family High Density Residential (R-MFH) to Multi-Family Medium/High Density Residential and approving Design Review No. 22-028 for the construction of a multi-family residential development comprised of 88 units and five accessory dwelling units, on-site amenities, parking, landscaping and improvements; and

2. Read by title only and waive further reading of and introduce Ordinance No. 1919, an Ordinance of the City of Fontana, approving an amendment to the Zoning Map changing the zoning designation for APN 0241-071-41 from Multi-Family Residential (R-3) to Multi-Family Medium/High Density Residential (R-4) and changing the zoning designation for APN 0241- 071-42 from Multi-Family High Density Residential (R-5) to Multi-Family Medium/High Density Residential (R-4), and that the reading of the title constitutes the first reading thereof; and

3. Read by title only and waive further reading of and introduce Ordinance No. 1920, an Ordinance of the City Council of the City of Fontana approving an amendment to Section 30- 454 of the Fontana Municipal Code (Zoning and Development Code) to change the minimum setback between buildings on a parcel zoned Multi-Family Medium/High Density Residential (R-4) and parcels zoned Multi-Family Residential (R-3), and that the read of the title City of Fontana Printed on 3/23/2023Page 1 of 4
powered by Legistar™
590
File #: 21-2010 Agenda Date: 3/28/2023
Agenda #: C. Category: Public Hearing
constitutes the first reading thereof.

COUNCIL GOALS:
· Provide a diverse range of housing types and levels of affordability while addressing homelessness in the community by promoting diverse range of housing projects and levels of affordability.
· Enhance the local environment for future generations and create a healthy economic and environmental future by adopting policies that promote compact and efficient development in new and existing communities.

DISCUSSION:

The applicant, Ray Allard on behalf of S&K Investments LLC, is proposing the development of 88 multi-family units and five accessory dwelling units on two vacant parcels totaling approximately 3.64 acres. The project site is located on the west side of Sierra Avenue between Ramona Avenue and San Jacinto Avenue.

General Plan Amendment No. 22-003 and Zoning Code (District Map) Amendment No. 22-004:

The project includes a request for a general plan amendment and zone change from Multi-Family Residential (R-MF/R-3) and Multi-Family High Density Residential (R-MFH/R-5) to Multi-Family Medium/High Density Residential (R-MFMH/R-4). The proposed land use designation allows for a density range of 24.1-39.0 dwelling units. This change will be compatible with the allowable densities for adjacent parcels. Parcels to the north and west are zoned Multi-Family Residential (R-3) with an allowable density range of 12-24 dwelling units per acre. The parcel to the south is part of the Transitional sub-district of the Form-Based Code (FBC) zoning district and is currently developed with a multi-family development.

When the City Council approved the general plan and zone changes on February 8, 2022 for the sixth cycle Housing Element, it provided the potential for 25,582 housing units, which exceeds the City’sRHNA allocation of 17,519 housing units; this was in recognition of the fact that that all property owners may not be interested in or able to develop their land within the next eight years. With the proposed general plan and zoning land use designation for the site, there will be a gain of eight units.

The figure below provides a breakdown of the number of housing units gained.

Parcel No. 1 - Maximum units with current R3 zoning: 46; with proposed R4 zoning: 74 Parcel No. 2 - Maximum units with current R5 zoning: 93; with proposed R4 zoning: 73 Total maximum units with current designations is 139 units.

Total maximum units with proposed designation is 147 units.

Zoning Code Amendment No. 22-012:

The applicant is proposing to amend the zoning and development code standard pertaining to the required setback for buildings on parcels zoned Multi-Family Medium/High Density Residential (R-4) from buildings on parcels zoned Multi-Family Residential (R-3). The current minimum setback requirement is 15 feet, and the proposed requirement is 10 feet. The provision of 10 feet between the City of Fontana Printed on 3/23/2023Page 2 of 4
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requirement is 15 feet, and the proposed requirement is 10 feet. The provision of 10 feet between the building and the property line allows for an efficient use of the parcel while providing ample separation for buildings on adjacent parcels. The proposed amendment, if approved, would be codified and would apply to this project as well as future developments in the R-4 zoning district adjacent to properties in the R-3 zoning district.

Design Review No. 22-028:

The applicant is proposing two- and three-bedroom units/accessory dwelling units in two- and three- story buildings on the site. The proposed units are within the allowable density and sizes for the Multi -Family Medium/High Density Residential (R-4) zoning district. The development complies with all other standards in the Zoning and Development Code.

The development will be gated for privacy and security purposes, with two-way access provided from San Jacinto Avenue. Additionally, one gate for emergency vehicle access (EVA) will be located on Ramona Avenue.

The three-story buildings will be located at the corners of the development adjacent to Ramona Avenue and San Jacinto Avenue. The remaining buildings will be two stories. The proposed buildings will utilize the Craftsman architectural style with several variations in colors, rooflines and siding materials in the utilization of the style. This provides a cohesive appearance and provides visual interest and distinction. Craftsman elements such as dormer windows, vertical and horizontal siding, gable roofs, deep earth tones, and triangular knee braces are present on the proposed buildings.

Amenities are centrally located in the proposed development. A pool, spa, two-story club house with lounges, gym, tot lot and dog park will be available for use by all residents. Each unit will also have private open space in the form of balconies and patios.

Grading/Walls
The grading is consistent throughout the site and is the same as the adjacent properties. A six-foot tall masonry screen wall will replace an existing chain link fence along the westerly property line.

Units adjacent to Ramona Avenue, Sierra Avenue and San Jacinto Avenue will take primary access from the sidewalk and will be secured with a four-foot-high tubular steel fences and gates with pilasters. The north and south property lines will be further secured with tubular steel fencing with pilasters on areas not adjacent to walk-up unit access. Vehicular and EVA access will be secured with six-foot tall tubular steel gates and pilasters.

Environmental:

An Initial Study (IS), Mitigated Negative Declaration, and Mitigation Monitoring and Reporting Program has been prepared for this project pursuant to the California Environmental Quality Act (CEQA) and the 2019 Local Guidelines for Implementing CEQA. Based on the information in the IS, the project could not have a significant effect on the environment as a result of project implementation and the Mitigated Negative Declaration, and Mitigation Monitoring and Reporting Program. The Mitigated Negative Declaration, and Mitigation Monitoring and Reporting Program can City of Fontana Printed on 3/23/2023Page 3 of 4
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be found at <https://www.fontana.org/2137/Environmental-Documents>.

FISCAL IMPACT:

None.

MOTION:

Approve staff’s recommendation.

ATTACHMENTS:

Attachment No. 1 - City Council Resolution
Attachment No. 2 - City Council Ordinance for Zoning Code (District Map) Amendment No. 22-004 Attachment No. 3 - City Council Ordinance for Zoning Code Amendment No. 22-012 Attachment No. 4 - Planning Commission Agenda Packet
Attachment No. 5 - Planning Commission Minutes - January 17, 2023 Attachment No. 6 - Notice of Public Hearing
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ATTACHMENT NO. 1

RESOLUTION NO. 2023-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA

ADOPTING THE MITIGATED NEGATIVE DECLARATION ALONG WITH

THE MITIGATION MONITORING AND REPORTING PROGRAM (MMRP)
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 NO. 22-012 AMENDING THE GENERAL
PLAN LAND USE DESIGNATION ON APPROXIMA TELY 3.64
ADJUSTED GROSS ACRES (APN: 0241-071-41 AND -42) FROM MULTI-

FAMIILY RESIDENTIAL (R -MF) AND MULTI -FAMILY HIGH DENSITY

RESIDENTIAL (R -MFH) TO MULTI -FAMILY MEDIUM/HIGH DENSITY RESIDENTIAL (R-MFMH) AND APPROVING DESIGN REVIEW NO. 22 - 028 TO CONSTRUCT A MULTI-FAMILY RESIDENTIAL DEVELOPMENT COMPRISED OF 88 UNITS AND FIVE ACCESSORY DWELLING UNITS,

ON-SITE AMENDITIES, PARKING LANDSCAPING AND OTHER ON -
SITE AND OFF-SITE IMPROVEMENTS.

WHEREAS, the proposed General Plan Amendment considered a “Project” as defined by the California Environmental Quality Act (CEQA); and

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

WHEREAS, on April 20, 2022, the applicant submitted a request for General Plan Amendment No. 22-012 to change the land use designation of two parcels from Multi - Family Residential (R-MF) and Multi-Family High Density Residential (R -MFH) to Multi- Family Medium/High Density Residential (R-MFMH) totaling approximately 3.64 adjusted gross acres (APN: 0241-071-41 and -42) and Design Review Project No. 22 -028 for the site and architectural review of a 88 unit multi -family residential development with associated site improvements including landscaping, parking and amenities; and

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

WHEREAS, on January 17, 2023, the Planning Commission received a staff report and all the information, evidence, and public testimony and recommended approval to the City Council General Plan Amendment No. 22-003, Zoning Code (District Map) Amendment No. 22-004 Zoning Change Amendment No. 22-012 and Design Review No. 22-028; and

WHEREAS, on March 28, 2023, the City Council received a staff report and all the information, evidence, and public testimony and approved General Plan Amendment No. 22-012, Zoning Code (District Map) Amendment No. 22-004, Zoning Change Amendment No. 22-012 and Design Review No. 22-028; and

594
Resolution No. 2023-_____

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WHEREAS, the Planning Commission found that the proposed update to the General Plan map (Exhibit A) and Zoning Map are compatible with the general objectives of the General Plan, and that both updates directly implement General Plan policy, thereby enhancing consistency between the General Plan and Zoning Map; and

WHEREAS, based on the information presented to the City Council at the public hearing held for General Plan Amendment No. 22-003, Zoning Code (District Map) Amendment No. 22-004 and Zoning Code Amendment No. 22 -012 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 along with the MMRP was the appropriate CEQA document to support the City’s consideration of the project, as outlined in CEQA Guidelines §151 30. 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.

Section 2. The City Council hereby adopts the Mitigated Negative Declaration along with the MMRP 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 furt her 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. Implementation of the Mitigation Measures contained is hereby made a conditions of approval of the Project. In the event of any inconsistences between the Mitigation Measures set forth herein and the MMRP, the MMPR shall control.

Section 3. The City of Fontana City Council hereby makes the following findings for General Plan Amendment No. 22-012 (GPA No. 22-012) 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.

Finding of Fact: The applicant is proposing to change the General Plan Land Use Designation of the sit e from Multi -Family Residential (R -MF) and Multi-Family High Density Residential (R -MFH) to Multi -Family Medium/High Density Residential (R -MFMH). This would allow for the construction of a 92 -unit (88 units and five accessory dwelling units) multi-family development with associated on -site and off -site 595
Resolution No. 2023-_____

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Fontana City CouncilMarch 28, 2023

Fontana City Council
March 28, 2023