Attachment No. 2 (Part No. 1) - City Council Resolution GPA,TPM, DR - MCN21-090

RESOLUTION NO. 2023-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA APPROVING, PURSUANT TO THE CERTIFIED ENVIRONMENTAL IMPACT REPORT FOR THE SHEA INDUSTRIAL COMMERCE CENTER (STATE CLEARINGHOUSE NO. 2022030544), GENERAL PLAN AMENDMENT NO. 21-004 (PART NO. 1 OF GENERAL PLAN AMENDMENT CYCLE NO. 2 OF 2023) AMENDING THE GENERAL PLAN LAND USE DESIGNATION ON APPROXIMATELY 11.1 ADJUSTED GROSS ACRES (APNs: 0239-151-09 and -38) FROM MULTI FAMILY HIGH RESIDENTIAL (R-MFH) TO LIGHT INDUSTRIAL (I-L), APPROVING TENTATIVE PARCEL MAP NO. 20523 (TPM NO. 21-018) TO MERGE TWO PARCELS, AND APPROVING DESIGN REVIEW NO. 21-034 FOR THE CONSTRUCTION OF A 199,999 SQUARE FOOT INDUSTRIAL COMMERCE CENTER AND ASSOCIATED ON-SITE AND OFF-SITE IMPROVEMENTS.

WHEREAS, the City of Fontana General Plan was adopted by the City Council on November 13, 2018 and the City of Fontana Housing Element was adopted by the City Council on February 8, 2022; and WHEREAS, on September 22, 2021, applicant, Shea Properties, submitted a request for a General Plan Amendment No. 21-004 to change the land use designation from Multi Family High Residential (R-MFH) to Light Industrial (I-L) on approximately 11.1 adjusted gross acres of a two parcels (APNs: 0239-151-09 and -38) (see attached Exhibit “A”), Amend the Zoning District Map (Zoning District Map Amendment No. 21-006) to rezone the parcels from Multiple-Family High Density Residential (R-5) to Light Industrial (M-1), a Tentative Parcel Map (TPM NO. 21-018) to merge two parcels into one, and Design Review No. 21-034 to allow the development of a 199,999 square foot industrial commerce building with associated landscaping and parking (Project); and WHEREAS, the subject site includes two parcels that were annexed from San Bernardino County into the City of Fontana on October 8, 1981; and WHEREAS, the subject property is proposed to be developed below the assumed capacity as identified in the approved Housing Element, however there is still sufficient capacity in the city at the “extremely low/very low” income category to meet the Regional House Needs Assessment (RHNA) numbers; and WHEREAS, to comply with California’s Housing Crisis Act of 2019 (SB 330), the project will participate in the City of Fontana Municipal Code (FMC) Chapter 30 Article XV “No Net Loss Density Bonus/Replacement Program.” Pursuant to FMC section 30-967, the Unit Bank cannot exceed 2,200 units. The Unit Bank is currently 0 units. These 555 units will be added to the Unit Bank increasing the number of units in the Unit Bank to 555 which is less than the 2,200 units authorized by FMC. The units in the Unit Bank shall be available as density bonuses for other residential properties throughout the city. The program will enable, on a first come, first served basis, density bonuses of up to 20% on other parcels until these 555 residential units are reclaimed within future planned residential projects; and WHEREAS, to comply with California’s Housing Crisis Act of 2019 (SB 330), the project will participate in the City of Fontana Municipal Code Chapter 30 Article XV “No Net Loss Density Bonus/Replacement Program.” The 555 units will be available as density bonuses for other residential properties throughout the city. The program will enable, on a first come, first served basis, density bonuses of up to 20% on other parcels until the 555 residential units are reclaimed within future planned residential projects; and, WHEREAS, all the notices required by statute or the Fontana City Code have been given as required; and WHEREAS, on April 18, 2023, the Planning Commission received public testimony and evidence presented by the applicant, City staff, and other interested parties at the public hearing held with respect thereto on Shea Industrial Commerce Center EIR (State Clearinghouse No. 2022030544), General Plan Amendment No. 21-004, Zoning District Map Amendment No. 21-006, Development Agreement No. 22-006, Tentative Parcel Map No. 20523 (TPM No. 21-018), and Design Review No. 21-034, and recommended the its approval to the City Council by Resolution No. 2023-016; and WHEREAS, on May 9, 2023, the City Council conducted a noticed public hearing on Shea Industrial Commerce Center EIR (State Clearinghouse No. 2022030544), General Plan Amendment No. 21-004, Zoning District Map Amendment No. 21-006, Development Agreement No. 22-006, Tentative Parcel Map No. 20523 (TPM No. 21-018), and Design Review No. 21-034 and received testimony from any and all parties and considered the staff report and its attached supporting documents, as well as testimony from the project applicant and others; and WHEREAS, based on the information presented to the City Council at the public hearing, the testimony received, and the supporting documents in evidence, the City Council finds that the proposed General Plan Amendment, Zoning Amendment, Development Agreement, Tentative Parcel Map, and Design Review are in conformance with the goals and policies of the General Plan as referred to herein; and WHEREAS, based on the information contained in the Initial Study (Environmental Checklist) prepared for General Plan Amendment No. 21-004, Zoning District Map Amendment No. 21-006, Development Agreement No. 22-006, Tentative Parcel Map No. 20523 (TPM No. 21-018), Design Review No. 21-034, a Draft and Final Environmental Impact Report have been prepared and circulated for the project and have been submitted with the inclusion of a Statement of Overriding Consideration and a Mitigation Monitoring Program with a recommendation for certification by the City Council; and WHEREAS, two (2) General Plan Amendments associated with MCN No. 21-090 (Shea Industrial Commerce Center Project) and MCN No. 21-099 (North Fontana Commerce Project) were received, each considered as a part of one motion at the May 9, 2023 City Council meeting to comply with state law; 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; NOW, THEREFORE, the City Council RESOLVES as follows:

Section 1. The recitals are true and correct and incorporated herein by this reference.

Section 2. Compliance with California Environmental Quality Act. Consistent with the California Environmental Quality Act (CEQA) (Pub. Resources Code § 21000 et seq.) and the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), the Sierra Business Center Environmental Impact Report (“EIR”) (State Clearinghouse No. 2022030544) was prepared for development, including the General Plan Amendment, Zone Change, Development Agreement, Tentative Vesting Map, and Design Review. The City Council has certified the She Industrial Commerce Center EIR and, based on the CEQA Sections 15162 through 15164, staff has determined that none of the criteria requiring a subsequent environmental document have been met and that further environmental analysis is not required. A Notice of Determination has been prepared.

Section 3. The City of Fontana City Council hereby makes the following findings for General Plan Amendment No. 21-004 in accordance with Section 30-31 “Purpose” of the Fontana Zoning and Development Code:

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

Findings of Fact: Changing the General Plan Land Use Designation of the site from Multi Family High Residential (R-MFH) to Light Industrial (I-L) would allow for the construction of a 199,999 square foot industrial commerce building. This development will assist with growing industrial commerce demand in the City of Fontana and the surrounding area. Additionally, properties to the south have a General Plan designation of Light Industrial.

Section 4. The City of Fontana’s City Council hereby makes the following findings for Tentative Parcel Map No. 20523 (TPM No. 21-018) in accordance with Section No. 26218(d) “Processing of application,” of the Fontana Subdivision Code:

Finding No. 1: That the proposed map is consistent with the city's general plan and any applicable specific plan.

Findings of Fact: Tentative Parcel Map No. 20523 (TPM No. 21-018) is consistent with the General Plan Land Use Designation for the project site, which is Light Industrial (I-L). The lot size with the consolidation will meet the lot standards of the Light Industrial zoning district. The tentative parcel map is a request to consolidate two (2) existing parcels (APNs: 0239-151-09 and -38) into one (1) parcel for the construction of a concrete tilt-up industrial commerce building totaling approximately 199,999 square feet, which is a land use permitted in the General Plan.

Finding No. 2: That the design or improvements of the proposed subdivision are consistent with the general plan and any applicable specific plan.

Findings of Fact: The site design for Tentative Parcel Map No. 20523 is consistent with the General Plan designation. The lot size and street configuration conform to the requirements of the Land Use, Zoning, and Urban Design and Community Mobility and Circulation Elements of the City of Fontana General Plan, Subdivisions (Chapter No. 26) Chapter of the City of Fontana Municipal Code and the Light Industrial development standards. The project includes all on-site and off-site improvements to meet all the General Plan goals and objectives as well as all of the zoning requirements of the M-1 zone. Improvements consist of public sewer, public storm drain, streets, gutter, sidewalks, drainage, and grading to provide a safe and welldesigned project for the area.

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

Findings of Fact: The project site of approximately 11.1 adjusted gross acres, is adequate in size to accommodate the development referenced herein. The existing topography is conducive for the project and development of the site did not require setback variances; therefore, the site is suitable for this type of development. The lot size is consistent with surrounding industrial developments.

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

Findings of Fact: The design of Tentative Parcel Map No. 20523 (TPM No. 21-018) is not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. The area surrounding the project site has been developed with industrial, storage, commercial, and warehouses uses, which are located south of the project site.

An Environmental Impact Report (EIR) has been prepared and certified for this project pursuant to the California Environmental Quality Act (CEQA) and the 2019 Local Guidelines for Implementing CEQA. According to the analysis in the Final EIR and supporting studies, even with incorporation of the mitigation measures, impacts to air quality, greenhouse gas emissions, land use, and transportation would remain significant and unavoidable. Because there are significant and unavoidable impacts as a result of the project, a Statement of Overriding Consideration (SOC) was approved by the City Council. The design of the map will not cause substantial environmental damage or will not substantially and avoidably injure fish or wildlife or their habitat.

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

Findings of Fact: The design of Tentative Parcel Map No. 20523 will not cause public health problems. The development will include connection to the public sewer, connection to the public storm drain, 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: That the design of the subdivision or the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision.

Findings of Fact: The design of Tentative Parcel Map No. 20523 (TPM No. 21-018) and public improvements will not conflict with access easements acquired by the public. Access to and from the project site would be provided from two driveways, both on Sierra Avenue. The truck traffic will enter and exit from Sierra Avenue and vehicle traffic will use the same entrances from Sierra Avenue.

Section 5. The City of Fontana City Council hereby makes the following findings for Design Review No. 21-034 in accordance with Section 30-120 “Findings for approval” of the Fontana Zoning and Development Code:

Finding No. 1: The proposal is consistent with the General Plan and applicable Specific Plan.

Findings of Fact: The General Plan land use designation of Light Industrial (I-L) is intended for employee-intensive uses, including business parking, research and development, technology centers, corporate and support office uses, clean industry, supporting retail uses, truck and equipment sales and related services. The proposed industrial commerce facility provides for a consistent blend of well-designed industrial development in the immediate vicinity because it provides industrial consistency with the south to the north of the City.

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

Findings of Fact: The project, is a 199,999 square foot industrial commerce center. The industrial commerce facility has been designed with office space totaling approximately 19,900 square feet. A gate-secured truck court with 34 loading docks on the south side of the building. The use of glazing, parapets, canopies, accent colors and painted banding will add structural and visual interest to the building. Additionally, variations to the building face and roof lines will be architecturally pleasing. Access to and from the project site would be provided from two driveways on Sierra Avenue. Landscaping would be ornamental in nature and would features trees, shrubs, and drought-tolerant accent plants in addition to a variety of groundcovers.

The project will be an appropriate and desirable development for the area.

The project as described in the above findings will result in the construction of a 199,999 square foot industrial commerce center. All new improvements such as driveways, streets, sidewalks, drive aisles, and setbacks will comply with all applicable building, zoning, and fire codes and standards, and therefore, shall promote the public health, safety, and welfare of the surrounding community.

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

Findings of Fact: The industrial commerce facility has been designed with the use of glazing, parapets, canopies, accent colors and painted banding will add structural and visual interest to the building. Additionally, variations to the building face and roof lines will be architecturally pleasing. Access to and from the project site would be provided from two driveways on Sierra Avenue. Landscaping would be ornamental in nature and would features trees, shrubs, and drought-tolerant accent plants in addition to a variety of groundcovers. The building will be compatible with the industrial commerce centers south of the site and will provide a quality, aesthetically please development for the surrounding neighborhood.

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

Findings of Fact: The development complies with the Zoning and Development Code standards. The improvements include sewer and storm drain systems, site circulation, parking, landscaping, parks, lighting, driveways, sidewalks and decorative paving.

Section 6. Based on findings in Section 3,the City Council of the City of Fontana hereby approves General Plan Amendment No. 21-004 to change the land use designation from Multi Family High Residential (R-MFH) to Light Industrial (I-L) on approximately 11.1 adjusted gross acres of a two parcels (APNs: 0239-151-09 and -38) as shown on Exhibit “A” attached hereto and incorporated herein by this reference as though fully set forth herein.

Section 7. Based on the findings in Section 4, the City Council of the City of Fontana hereby approves Tentative Parcel Map No. 20523 (TPM No. 21-018) to merge two parcels into one subject to the Conditions of Approval, which are attached hereto as Exhibit “B” and incorporated herein by this reference as though fully set forth herein.

Section 8. Based on the findings in Section 5, the City Council of the City of Fontana hereby approves Design Review No. 21-034 subject to the conditions of Approval, which are attached hereto as Exhibit “C” and incorporated herein by this reference as though fully set forth herein.

Section 9. This Resolution shall take effect thirty (30) days after the adoption of the City Council Ordinance adopting Zone Change No. 21-006, and the City Council Ordinance approving Development Agreement No.22-006 whichever is adopted later, provided however, if either of those Ordinances are for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise do not go into effect for any reason, then is resolution shall be null and void and have no further force and effect.

Section 10. Resolution Regarding Custodian of Record: The documents and materials that constitute the record of proceedings on which this Resolution has been based are located at the Planning Department, 8353 Sierra Avenue, Fontana, CA 92335. This information is provided in compliance with Public Resources Code section 21081.6.

APPROVED AND ADOPTED this 9th day of May 2023.

READ AND APPROVED AS TO LEGAL FORM:
_____________________
City Attorney
ATTEST:

I, Germaine Key, City Clerk of the City of Fontana and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City of Fontana at a regular meeting thereof, held on the 9th day of May 2023, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

City Clerk of the City of Fontana
Mayor of the City of Fontana
ATTEST:
______________________________________
City Clerk

EXHIBIT “A”

EXISTING AND PROPOSED GENERAL PLAN LAND USE DESIGNATION -

MULTI FAMILY HIGH RESIDENTIAL (R-MFH) TO LIGHT INDUSTRIAL (I-L)

C-GC-GR-MFHR-MFH
C-G
C-G
R-MFH
R-MFH
EXHIBIT “B”

CITY OF FONTANA

CONDITIONS OF APPROVAL
PROJECT: Master Case No. (MCN) 21-090 May 9, 2023
Tentative Parcel Map No. 20523 (TPM No. 21-018)
LOCATION: The project site is located on the east side of Sierra Avenue and north Casa Grande Avenue (APNs: 0239-151-09 and -38) PLANNING DEPARTMENT:

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

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

All requirements of the Fontana City’s Municipal Code shall be complied with.

All Conditions of Approval imposed on this project have been fulfilled.

The applicant shall defend, indemnify, and hold harmless the City of Fontana or its agents, officers, and employees from any claim, action or proceeding against the City of Fontana or its agents, officers, or employees to attack, set aside, void, or annul an approval of the Planning Commission and/or City Council concerning this subdivision, which action is brought within the time period provided for in Government Code Section 66499.37. 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. The applicant shall defend, indemnify, protect and hold harmless the City of Fontana or its agents, officers, attorneys and employees from any and all actual or alleged claims, actions or proceedings against the City of Fontana or its agents, officers, attorneys or employees to attack, set aside, void, annul or seek monetary damages arising out of any challenge to the applicant’s proposed project or to any approvals of the Planning Commission and/or City Council concerning this project, including but not limited to actions challenging CEQA actions, permits, variances, plot plans, design plans, maps, licenses, and amendments. The City of Fontana shall promptly notify the applicant of any claim, action, or proceeding and the City of Fontana shall cooperate in the defense.

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

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

Tentative Parcel Map No. 20523 (TPM No. 21-018) shall comply with all applicable development standards of, Chapter 26 (Subdivisions), Chapter 30 (Zoning and Development), and the Subdivision Map Act.

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

The applicant/developer shall comply with the mitigation measures identified in the Final Environmental Impact Report (FEIR), and Mitigation Monitoring and Reporting Program (MMRP) as approved by the Planning Commission.

All Conditions of Approval and Mitigation Monitoring and Reporting Program (MMRP) 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 and grading plans prior to issuance of any building or grading permits.

Tentative Parcel Map No. 20523 (TPM No. 21-018) shall become null and void two (2) years from the date of approval, unless the appropriate permits have been obtained and construction, defined as permit obtainment, commencement of construction of the primary building on site, and successful completion of the first Building and Safety Division inspection, has commenced within this period.

In the event 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. 30-23 of the Municipal Code.

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

The applicant shall meet all guidelines identified in the Industrial Commerce Sustainability Ordinance (Ordinance No. 1891).

ENGINEERING DEPARTMENT:

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.

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

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

All driveway approaches along Sierra Avenue shall be restricted by right in and right out only and no median breaks will be provided.

Applicant shall construct a raised landscape median on Sierra Avenue from the southern project boundary to the northern project boundary in accordance with City Standard Plans to the satisfaction of the City Engineer.

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

The Applicant shall submit and gain approval of a final drainage study prepared in accordance with the County of San Bernardino Hydrology Manual and Fontana Master Plan of Drainage.

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

Applicant shall pay the Inland Empire Utilities Agency approved extra-territorial service fee.

PRIOR TO ISSUANCE OF CONSTRUCTIOM PERMITS
The Applicant shall record all map’s and easements as required for the development.

The Applicant shall submit engineered improvement plans and obtain full approval. All required public improvements, including but not limited to streets, storm drainage systems, sewers, traffic signals, decorative streetlights, striping, signs, landscape, and any required traffic control and/or detour plans. All plans shall conform to City Standards and Specifications, and as approved by the City Engineer.

PRIOR TO ISSUANCE OF FINAL CERTIFICATE OF OCCUPANCY
The Applicant/Engineer to provide the City of Fontana with As Built/Record Drawings for all public improvement plans.

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

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

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

All sewers 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.

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 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.

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

BUILDING & SAFETY DEPARTMENT:

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

END OF CONDITIONS
EXHIBIT “C”

CITY OF FONTANA

CONDITIONS OF APPROVAL
PROJECT: Master Case No. (MCN) 21-090 DATE: May 9, 2023 Design Review (DRP) No. 21-034
LOCATION: The project site is located on the east side of Sierra Avenue and north Casa Grande Avenue (APNs: 0239-151-09 and -38) PLANNING DEPARTMENT:

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

All requirements of the Fontana City’s Municipal Code shall be complied with.

All Conditions of Approval imposed on this project have been fulfilled.

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 Department inspection, has commenced within this period.

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

In the event of any such third-party action or proceeding, the City shall have the right to retain legal counsel. The applicant shall be responsible and reimburse the City 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.

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

The applicant shall meet all guidelines identified in the Industrial Commerce Sustainability Ordinance (Ordinance No. 1891).

The proposed water shall be painted to match the proposed building.

A Register of Professional Archaeologists (RPA)-qualified archeologist experienced with Native American artifact identification and approved by the City of Fontana shall be present to monitor the first two (2) days of site preparation/ grubbing; the first two (2) days of mass grading; and the first two (2) days of utility trenching. Such monitoring activities may be reduced or terminated depending on the findings and recommendations of the archeologist. In the event that prehistoric or historic cultural resources be uncovered during these activities, representatives of the tribal entity(s) whom consider the project site to be within their traditional use area shall be contacted and invited to the site to review the find, and monitoring shall be continued at the discretion of archeologist.

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

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

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

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

Construction shall be limited to 7:00 am to 6:00 pm on weekday, 8:00 am to 5:00 pm on Saturdays, and no construction on Sundays and holidays unless it is approved by the Building Inspector for cases that are considered urgently necessary as defined in Section No. 18-63(7) of the Municipal Code. For all noise-producing equipment, use types and models that have the lowest horsepower and the lowest noise generating potential practical for their intended use.

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

Have only necessary equipment onsite.

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

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

Temporarily enclose localized and stationary noise sources.

Store and maintain equipment, building materials, and waste materials as far as practical from as many sensitive receivers as practical.

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.

The Applicant shall provide uplighting with the landscape area along frontage of Sierra Avenue, to satisfaction of the Director of Planning or his/her designee.

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 and grading plans prior to issuance of any building or grading permits.

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

There shall be five (5) feet of landscaping and two (2) feet of decorative concrete for passengers to step out of vehicles, total of seven (7) feet, at end of automobile parking aisles.

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.

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.

Sidewalks shall be provided for all new developments in accordance with the city’s circulation element of the General Plan.

Two (2) bicycle parking racks or secured bicycle lockers shall be provided for all nonresidential developments.

All parking stalls shall be clearly marked by double striping pavement painting. Parking stall sizes shall be measured from the mid-point between the striping. No parking spaces shall be designated in an industrial parking facility, except for disabled persons parking, van pool, carpool, or any other designated parking as required by law.

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

All roof-mounted equipment and ground mounted equipment shall be screened from view from adjacent properties and streets to the satisfaction of the Director of Planning.

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

All landscaping shall be healthy and maintained in a reasonable manner as determined by the Director of Planning or his/her designee.

Up lighting shall be provided throughout the project site to complement the architectural detail of the building and the landscaped areas, except where the building is adjacent to residential properties.

The transformer shall be screened by a solid screen wall and mature, dense landscaping, and not visible from the public right-of-way.

After the fifteen (15) day appeal period, the applicant shall remove the notice of Filing sign(s) from the project site. The applicant may request a refund of the sign deposit; the request shall be in writing accompanied with a refund application. The request shall be submitted to the Planning Department.

There shall be no refrigerated uses on site; unless, a future tenant follows any applicable studies/memorandums to amend this Condition of Approval.

Development fees and Planning Department final inspection fee must be paid prior to Certificate of Occupancy.

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

The applicant/developer/property owner shall provide up-lighting on the perimeter and up-light proposed trees to the satisfaction of the Director of Planning and his/her designee.

In the event that any off-site utility and/or infrastructure improvements are required as a direct result of future projects, construction of such off-site utility and infrastructure improvements shall not occur concurrently with the demolition, site preparation, and grading phases of project construction. This requirement shall be clearly noted on all applicable grading and/or building plans.

Adhere to the City standard of one foot candle minimum for all entrances, exits, pedestrian paths, parking lots, and activity areas. Reflect all light fixtures on the site plan. 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.

Incorporate an anti-graffiti coating onto the exterior of all proposed block walls to discourage graffiti.

Incorporate hostile landscape into the interior, perimeter landscape setback areas to discourage subjects from accessing the site.

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

Prior To Issuance of Grading Permit
All Conditions of Approval and Mitigation, Monitoring, and Reporting Program (MMRP) 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 and grading plans prior to issuance of any building or grading permits.

ENGINEERING LAND DEVELOPMENT:

All Conditions of Approval issued to the project number MCN No. 21-090 shall apply.

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

BUILDING & SAFETY:

The applicant shall design the project to show compliance with the latest adopted edition of the following codes as applicable:

California Building Code
California Residential Code
California Electrical Code
California Mechanical Code
California Plumbing Code
California Energy Code
California Fire Code
California Green Building Standards Code
The applicant shall install an automatic fire suppression system, which is required in all new construction per FMC Chapter 11 Article II. Design and type of system shall be based upon the requirements of the Building Code, Fire Code and the requirements of the Fontana Fire Prevention District.

The applicant shall comply with the requirements of the South Coast Air Quality Management District (909-396-2000). SCAQMD requirements shall be satisfied prior to the issuance of any permit if hazardous materials are stored and/or used.

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

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

The applicant shall comply with the following grading requirements:

Grading plans shall be submitted to and approved by Building & Safety. The grading plans shall indicate all site improvements and shall indicate complete drainage paths of all drainage water run-offs.

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

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

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

No water course or natural drainage shall be obstructed.

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

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

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

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

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

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

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

PRIOR TO ISSUANCE OF BUILDING/CONSTRUCTION PERMITS
The following items (as applicable) shall be completed by the applicant and submitted to Building & Safety prior to the issuance of building permits for this project:

Precise grading plans shall be approved
Rough grading completed
Compaction certification
Pad elevation certification
Rough grade inspection signed off by a City Building Inspector If hazardous substances are used and/or stored, the applicant shall provide a technical opinion and report, identifying and developing methods of protection from the hazards presented by the hazardous materials, may be required. This report shall be prepared by a qualified person, firm, or corporation and submitted to Building & Safety. This report shall also explain the proposed facility's intended methods of operation and list all of the proposed materials, their quantities, classifications, and the effects of any chemical (material) intermixing in the event of an accident or spill.

The applicant shall combine the existing parcels into a single parcel, or a lot line adjustment shall be done so that the proposed structure(s) does not cross any lot line and complies with all requirements of the California Building Code, prior to any building permits being issued.

The applicant shall comply with the fire zone (VHFSZ) requirements.

ENVIRONMENTAL CONTROL:

All industrial / warehousing facilities are required to obtain coverage under the State Industrial General Permit and shall file with the State Board a Notice of Intent (NOI) to comply with the terms of the General Permit to Discharge Storm Water Associated with Industrial Activity.

Applicants shall be required to provide a copy of the Waste Discharger Identification Number (WDID) issued by the State Board as evidence of coverage under the Industrial General Permit to; Sal Romero 909-428-8809 or [email protected].

SAN BERNARDINO COUNTY FIRE DEPARTMENT:

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

Fire Access Road Width. Prior to map recordation, all fire access roadways shall be designed to meet the requirements for this development and shall be approved by the Fire Department. All buildings shall have access provided by approved roads, alleys and private drives with a minimum twenty-six (26) foot unobstructed width and vertically to fourteen (14) feet six (6) inches in height. Buildings three (3) stories in height or more shall have a minimum access of thirty (30) feet unobstructed width and vertically to fourteen (14) feet six (6) inches in height. California Fire Code Chapter 5 & SBCoFD Standard A-1.

Turnaround. An approved turnaround shall be provided at the end of each roadway one hundred and fifty (150) feet or more in length. Cul-de-sac length shall not exceed six hundred (600) feet; all roadways shall not exceed a 12 % grade and have a minimum of nineteen (19) foot inside radius and a forty-five (45) foot outside radius for all turns. California Fire Code Chapter 5 & SBCoFD Standard A-1.

Street Signs. Approved temporary or permanent street signs shall be installed throughout the project prior any combustible materials being placed on the construction site. California Fire Code Chapter 5 & SBCoFD Standard A-2.

Fire Lanes. The applicant shall submit a site plan to the Fire Department for review and approval of all proposed signage and striping for all fire access roadways. All curbs adjacent to fire lanes shall be painted red and “No Parking, Fire Lane” signs shall be installed on public and private roads in accordance with approved standards. SBCoFD Standard A-2.

Water System Commercial. Prior to map recordation, or lot line adjustment, 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 200,000 Square Foot structure.

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

Water System Certification. The applicant shall provide the Fire Department with a letter from the serving water company, certifying that the required water improvements have been made or that the existing fire hydrants and water system will meet distance and fire flow requirements. Fire flow water supply shall be in place prior to placing combustible materials on the jobsite. California Fire Code Chapter 5.

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.

Fire Sprinkler-NFPA #13. An automatic fire sprinkler system complying with NFPA 13 and Fire Department standards is required. A fire sprinkler contractor shall submit three (3) sets of detailed plans to the Fire Department for review and approval. The plans shall include hydraulic calculations and manufacturer specification sheets. The required fees shall be paid at the time of plan submittal. California Fire Code Chapter 9 & SBCoFD Standard F-1.

Fire Alarm, Waterflow Monitoring. A water flow monitoring fire alarm system complying with the California Fire Code, NFPA and all applicable codes is required or 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.

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.

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.

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 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 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 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.

High-Piled Storage. The applicant shall submit an application for a High-Piled Storage permit for storage of over 12’ in height of Class I-IV commodities and/or over 6’ in height of high hazard commodities. Three (3) sets of detailed plans and a commodity analysis report shall be submitted to the Fire Department for review and approval. The applicant shall submit to the Fire Department concurrently with any racking permits to the Building and Safety Department. California Fire Code Chapter 32 & SBCoFD Standard S-1.

Secondary Access. The development shall have a minimum of 2 points of vehicular access during each phase of construction for fire and emergency access purposes and for evacuation routes. SBCoFD Standard A-1

END OF CONDITIONS OF APPROVAL

Page 12 of 16 ends

ATTACHMENT NO. 2
Resolution No. 2023-_____

Fontana City CouncilMay 9, 2023

Fontana City Council
May 9, 2023