Mitigation, Monitoring and Reporting Program
THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE
PARTY
MONITORING
PARTY
IMPLEMENTATION
STAGE
LEVEL OF
SIGNIFICANCE
AFTER
MITIGATION
1.1 Aesthetics
Summary of Impacts
Threshold a: Less-than-Significant
Impact. The Project Site does not
comprise all or part of a scenic vista
and does not contain any visually
prominent scenic features. No
unique views to scenic vistas are
visible from the property. The
Project would not substantially
change a scenic view or
substantially block or obscure a
scenic vista; therefore, impacts to
scenic vistas would be less-thansignificant.
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
Threshold b: No Impact. The
Project Site is not located within
the viewshed of a scenic highway
and, therefore, the Project Site does
not contain any scenic resources
visible from a scenic highway.
No mitigation is required. N/A N/A N/A No Impact
Threshold c: No Impact. The
Project would not conflict with
applicable zoning and other
regulations governing scenic
quality during Project construction
or operation. Although the Project
No mitigation is required. N/A N/A N/A No Impact
2490
Citrus and Oleander Avenue at Santa Ana Avenue Project Mitigation, Monitoring and Reporting Program Lead Agency: City of Fontana SCH No. 2022110389
THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE
PARTY
MONITORING
PARTY
IMPLEMENTATION
STAGE
LEVEL OF
SIGNIFICANCE
AFTER
MITIGATION
would change the visual character
of the Site from residential use and
vacant land to industrial use, the
Project’s surrounding area is
primarily urbanized land uses.
Furthermore, the Project proposes a
number of site design,
architectural, and landscaping
elements consistent with the
requirements of SWIP Specific
Plan that would ensure the
Project’s character is consistent
with the planned vision for the
Specific Plan area. Impacts due to a
conflict with applicable zoning and
other regulations governing scenic
quality would be less-thansignificant.
Threshold d: Less-than-Significant
Impact. Compliance with Fontana
Municipal Code and Fontana
General Plan requirements for
artificial lighting would ensure
less-than-significant impacts
associated with light and glare
affecting day or nighttime views in
the area from on-site lighting
elements.
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
1.2 Agriculture and Forestry
2491
Citrus and Oleander Avenue at Santa Ana Avenue Project Mitigation, Monitoring and Reporting Program Lead Agency: City of Fontana SCH No. 2022110389
THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE
PARTY
MONITORING
PARTY
IMPLEMENTATION
STAGE
LEVEL OF
SIGNIFICANCE
AFTER
MITIGATION
Summary of Impacts
Threshold a: No Impact. As
mapped by the DOC’s FMMP, the
Project Site is classified by the
FMMP as “Urban Built-Up Land”
and “Other Land.” Based on the
FMMP, the Project Site does not
contain any Prime Farmland,
Unique Farmland, Farmland of
Statewide Importance, or Farmland
of Local Importance. As such, the
Project would not convert FMMPdesignated Farmland to a nonagricultural use, and no impact would occur.
No mitigation is required. N/A N/A N/A No Impact
Threshold b: No Impact. The
Project Site is not zoned for
agricultural use, is not used for
agricultural production, and is not
subject to any Williamson Act
contracts. Therefore, no impacts
would occur.
No mitigation is required. N/A N/A N/A No Impact
Threshold c: No Impact. The
Project would have no impact to
off-site properties that are
agriculturally zoned as no
surrounding property is currently
used primarily for agricultural
purposes.
No mitigation is required. N/A N/A N/A No Impact
2492
Citrus and Oleander Avenue at Santa Ana Avenue Project Mitigation, Monitoring and Reporting Program Lead Agency: City of Fontana SCH No. 2022110389
THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE
PARTY
MONITORING
PARTY
IMPLEMENTATION
STAGE
LEVEL OF
SIGNIFICANCE
AFTER
MITIGATION
Threshold d and e: No Impact.
There are no forest lands in the
Project vicinity, and no lands in the
Project vicinity are zoned for
timberland, timberland production,
or forest uses. The Project would
not result in the conversion of
forest land to non-forest use. No
impact would occur.
No mitigation is required. N/A N/A N/A No Impact
1.3 Air Quality
Summary of Impacts
Threshold a: Less-than-Significant
Impact. The Project would neither
contribute to a delay in the
attainment of federal and State air
quality standards in the SCAB nor
exceed local growth projections.
Accordingly, the Project would not
conflict with or obstruct
implementation of the SCAQMD’s
AQMP.
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
Threshold b: Less-than-Significant
Impact. Project construction and
operational activities would not
exceed the applicable SCAQMD
regional threshold for any criteria
pollutant. Thus, the Project would
not contribute cumulatively
considerable volumes of any air
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
2493
Citrus and Oleander Avenue at Santa Ana Avenue Project Mitigation, Monitoring and Reporting Program Lead Agency: City of Fontana SCH No. 2022110389
THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE
PARTY
MONITORING
PARTY
IMPLEMENTATION
STAGE
LEVEL OF
SIGNIFICANCE
AFTER
MITIGATION
pollutant for which the SCAB does
not attain federal or State air quality
standards.
Threshold c: Less-than-Significant
Impact. Implementation of the
Project would not: 1) exceed
applicable SCAQMD localized
criteria pollution emissions
thresholds during construction and
operation; 2) would not expose
sensitive receptors to toxic air
contaminants (i.e., DPM) that
exceed the applicable SCAQMD
carcinogenic and non-carcinogenic
risk thresholds; and 3) would not
cause or contribute to the formation
of a CO “hot spot.”
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
Threshold d: Less-than-Significant
Impact. The Project would not
produce air emissions that would
lead to unusual or substantial
construction-related or operationalrelated odors. The Project is required to comply with SCAQMD
Rule 402, which prohibits the
discharge of odorous emissions
that would create a public nuisance.
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
1.4 Biological Resources
Summary of Impacts
2494
Citrus and Oleander Avenue at Santa Ana Avenue Project Mitigation, Monitoring and Reporting Program Lead Agency: City of Fontana SCH No. 2022110389
THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE
PARTY
MONITORING
PARTY
IMPLEMENTATION
STAGE
LEVEL OF
SIGNIFICANCE
AFTER
MITIGATION
Threshold a: No Impact. The
Project Site does not contain or
support any special-status plant or
wildlife species. As such,
implementation of the proposed
Project would not have a
substantial adverse effect, either
directly or through habitat
modifications, on any species
identified as a candidate, sensitive,
or special status species in local or
regional plans, policies, or
regulations, or by the California
Department of Fish and Game or
U.S. Fish and Wildlife Service, and
no impact would occur.
No mitigation is required. N/A N/A N/A No Impact
Threshold b.: No Impact. The
Project Site does not contain
riparian and/or other sensitive
natural habitats; therefore, the
Project would have no impact on
riparian or other sensitive habitats
as classified by the CDFW or
USFWS.
No mitigation is required. N/A N/A N/A No Impact
Threshold c: No Impact. No Stateor federally-protected wetlands are located on the Project Site;
therefore, no impact to wetlands
would occur.
No mitigation is required. N/A N/A N/A No Impact
2495
Citrus and Oleander Avenue at Santa Ana Avenue Project Mitigation, Monitoring and Reporting Program Lead Agency: City of Fontana SCH No. 2022110389
THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE
PARTY
MONITORING
PARTY
IMPLEMENTATION
STAGE
LEVEL OF
SIGNIFICANCE
AFTER
MITIGATION
Threshold d: Significant Direct and
Cumulatively-Considerable
Impact. There is no potential for
the Project to interfere with the
movement of fish or impede the use
of a native wildlife nursery site.
However, the Project has the
potential to impact nesting
migratory birds protected by the
MBTA and California Fish and
Game Code, should habitat
removal occur during the nesting
season and should nesting birds be
present.
MM 4.4-1 Vegetation clearing and ground
disturbance shall be prohibited during the
migratory bird nesting season (January 31
through September 1), unless a migratory
bird nesting survey is completed in
accordance with the following
requirements:
a) A nesting bird survey shall be
conducted on the Project Site and within
suitable habitat located within a 500-
foot radius of the Project Site by a
qualified biologist within three days
prior to initiating vegetation clearing or
ground disturbance.
b) If the survey identifies the presence of
active nests, then the nests shall not be
disturbed unless the qualified biologist
verifies through non-invasive methods
that either (i) the adult birds have not
begun egg-laying and incubation; or (ii)
the juveniles from the occupied nests
are capable of independent survival.
c) If the biologist is not able to verify any
of the conditions from sub-item “b,”
above, then no disturbance shall occur
within a buffer zone specified by the
Project Applicant;
Project Biologist
City of Fontana Prior to the issuance
of a grubbing permit
or grading permit and
within 3 days of
ground-disturbing
activities
Less-than-Significant
Impact with
Mitigation
2496
Citrus and Oleander Avenue at Santa Ana Avenue Project Mitigation, Monitoring and Reporting Program Lead Agency: City of Fontana SCH No. 2022110389
THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE
PARTY
MONITORING
PARTY
IMPLEMENTATION
STAGE
LEVEL OF
SIGNIFICANCE
AFTER
MITIGATION
qualified biologist for each nest or
nesting site. The buffer zone shall be
species-appropriate (no less than 100-
foot radius around the nest for nonraptors and no more than a 500-foot radius around the nest for raptors) and
shall be sufficient to protect the nest
from direct and indirect impacts from
construction activities. The size and
location of buffer zones, if required,
shall be based on consultation with the
California Department of Fish and
Wildlife and the U.S. Fish and Wildlife
Service and shall be subject to review
and approval by the City. The nests and
buffer zones shall be field checked
weekly by a qualified biological
monitor. The approved buffer zone shall
be marked in the field with construction
fencing, within which no vegetation
clearing or ground disturbance shall
commence until the qualified biologist
with City concurrence verify that the
nests are no longer occupied and/or
juvenile birds can survive
independently from the nests.
Threshold e: No Impact. The
Project would not conflict with any
No mitigation is required. N/A N/A N/A No Impact
2497
Citrus and Oleander Avenue at Santa Ana Avenue Project Mitigation, Monitoring and Reporting Program Lead Agency: City of Fontana SCH No. 2022110389
THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE
PARTY
MONITORING
PARTY
IMPLEMENTATION
STAGE
LEVEL OF
SIGNIFICANCE
AFTER
MITIGATION
local policies or ordinances
protecting biological resources.
Threshold f: No Impact. The
Project impact area is not located
within the boundaries of any
adopted Habitat Conservation Plan,
Natural Community Conservation
Plan, or other approved local,
regional, or State habitat
conservation plan. Therefore, no
impact would occur.
No mitigation is required. N/A N/A N/A No Impact
1.5 Cultural Resources
Summary of Impacts
Threshold a: Less than Significant
Impact. Thirteen historic-period
residences and outbuildings are
located on the Project Site that
would be demolished to construct
the Project, but the structures do
not meet the CEQA Guidelines
Section 15064.5 definition of a
significant historical resource.
Therefore, no significant historic
resources could be altered or
destroyed by construction or
operation of the Project, and
impacts to historic resources would
be less than significant.
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
2498
Citrus and Oleander Avenue at Santa Ana Avenue Project Mitigation, Monitoring and Reporting Program Lead Agency: City of Fontana SCH No. 2022110389
THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE
PARTY
MONITORING
PARTY
IMPLEMENTATION
STAGE
LEVEL OF
SIGNIFICANCE
AFTER
MITIGATION
Threshold b: Potentially
Significant Direct and
Cumulatively-Considerable
Impact. No known prehistoric
resources are present on the Project
Site and the likelihood of
uncovering buried prehistoric
resources on the Project Site is low
due to the magnitude of past ground
disturbance on the Project Site.
Nonetheless, the potential exists for
Project-related construction
activities to result in a direct and
cumulatively-considerable impact
to significant subsurface
prehistoric archaeological
resources should such resources to
be discovered during Projectrelated construction activities.
MM 4.5-1 Upon discovery of any cultural,
tribal cultural, or archaeological resources,
cease construction activities in the
immediate vicinity of the find until the find
can be assessed. All cultural, tribal 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.
Project Applicant;
Project
Archaeologist
City of Fontana
Building and
Safety Department
If cultural, tribal
cultural, or
archaeological
resources are found
during the Project’s
construction
Less-than-Significant
Impact with
Mitigation
MM 4.5-2 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
Project Applicant;
Project
Archaeologist
City of Fontana
Building and
Safety Department
If a significant
archaeological
resource is discovered
during the Project’s
construction
2499
Citrus and Oleander Avenue at Santa Ana Avenue Project Mitigation, Monitoring and Reporting Program Lead Agency: City of Fontana SCH No. 2022110389
THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE
PARTY
MONITORING
PARTY
IMPLEMENTATION
STAGE
LEVEL OF
SIGNIFICANCE
AFTER
MITIGATION
origin shall be curated at a public, nonprofit 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.
MM 4.5-3 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.
Project Applicant;
Project
Archaeologist
City of Fontana
Building and
Safety Department
During construction
Threshold c: Less than Significant
Impact. In the unlikely event that
human remains are discovered
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
2500
Citrus and Oleander Avenue at Santa Ana Avenue Project Mitigation, Monitoring and Reporting Program Lead Agency: City of Fontana SCH No. 2022110389
THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE
PARTY
MONITORING
PARTY
IMPLEMENTATION
STAGE
LEVEL OF
SIGNIFICANCE
AFTER
MITIGATION
during Project grading or other
ground disturbing activities, the
Project would be required to
comply with the applicable
provisions of California Health and
Safety Code Section 7050.5 and
California Public Resources Code
Section 5097 et seq. Mandatory
compliance with State law would
ensure that any discovered human
remains are appropriately treated
and would preclude the potential
for significant impacts.
1.6 Energy
Summary of Impacts
Threshold a: Less-than-Significant
Impact. The amount of energy and
fuel consumed by construction and
operation of the Project would not
be inefficient, wasteful, or
unnecessary. Furthermore, the
Project would not cause or result in
the need for additional energy
facilities or energy delivery
systems.
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
Threshold b: Less-than-Significant
Impact. The Project would not
cause or result in the need for
additional energy production or
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
2501
Citrus and Oleander Avenue at Santa Ana Avenue Project Mitigation, Monitoring and Reporting Program Lead Agency: City of Fontana SCH No. 2022110389
THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE
PARTY
MONITORING
PARTY
IMPLEMENTATION
STAGE
LEVEL OF
SIGNIFICANCE
AFTER
MITIGATION
transmission facilities. The Project
would not conflict with or obstruct
the achievement of energy
conservation goals within the State
of California identified in State and
local plans for renewable energy
and energy efficiency.
1.7 Geology and Soils
Summary of Impacts
Threshold a: Less-than-Significant
Impact. Implementation of the
Project would not expose people or
structures to substantial direct or
indirect adverse effects related to
liquefaction or fault rupture. The
Project Site is subject to seismic
ground shaking associated with
earthquakes; however, mandatory
compliance with local and State
regulatory requirements and
building codes would ensure that
the Project minimizes potential
hazards related to seismic ground
shaking to less-than-significant
levels.
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
Threshold b: Less-than-Significant
Impact. Implementation of the
Project would not result in
substantial soil erosion or loss of
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
2502
Citrus and Oleander Avenue at Santa Ana Avenue Project Mitigation, Monitoring and Reporting Program Lead Agency: City of Fontana SCH No. 2022110389
THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE
PARTY
MONITORING
PARTY
IMPLEMENTATION
STAGE
LEVEL OF
SIGNIFICANCE
AFTER
MITIGATION
topsoil. The Project Applicant
would be required to obtain a
National Pollutant Discharge
Elimination System (NPDES)
permit for construction activities
and adhere to a Storm Water
Pollution Prevention Plan
(SWPPP), and prepare an erosion
control plan to minimize water and
wind erosion. Following
completion of development, the
Project’s owner or operator would
be required by law to implement a
Water Quality Management Plan
(WQMP) during operation, which
would preclude substantial erosion
impacts in the long-term.
Threshold c: Less-than-Significant
Impact. There is no potential for the
Project’s construction or operation
to cause, or be impacted by, on- or
off-site landslides or lateral
spreading. Potential hazards
associated with unstable soils
would be precluded through
mandatory adherence to the
recommendations contained in the
Project’s site-specific geotechnical
reports during Project construction.
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
2503
Citrus and Oleander Avenue at Santa Ana Avenue Project Mitigation, Monitoring and Reporting Program Lead Agency: City of Fontana SCH No. 2022110389
THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE
PARTY
MONITORING
PARTY
IMPLEMENTATION
STAGE
LEVEL OF
SIGNIFICANCE
AFTER
MITIGATION
Threshold d: No Impact. The
Project Site contains soils with no
susceptibility to expansion;
therefore, the Project would not
create substantial direct or indirect
risks to life or property associated
with the presence of expansive
soils. No impact would occur.
No mitigation is required. N/A N/A N/A No Impact
Threshold e: No Impact. No septic
tanks or alternative wastewater
disposal systems are proposed to be
installed on the Project Site.
Accordingly, no impact would
occur associated with soil
compatibility for wastewater
disposal systems.
No mitigation is required. N/A N/A N/A No Impact
Threshold f: Direct and
Cumulatively-Considerable
Impact. The Project would not
impact any known paleontological
resource or unique geological
feature. However, the Project Site
is underlain by older alluvium soils
with a high sensitivity for
paleontological resources.
Accordingly, construction
activities on the Project Site have
MM 4.7-1 Prior to the issuance of a grading
permit, the Project Applicant shall provide
evidence to the City of Fontana that a
qualified paleontologist (“paleontologist”)
has been retained by the Project Applicant
or contractor to conduct monitoring of
excavation activities and has the authority
to halt and redirect earthmoving activities in
the event that suspected paleontological
resources are unearthed.
Project Applicant;
Project
Paleontologist
City of Fontana
Building and
Safety Department
Prior to the issuance
of a grading permit
Less-than-Significant
Impact with
Mitigation
Incorporated
2504
Citrus and Oleander Avenue at Santa Ana Avenue Project Mitigation, Monitoring and Reporting Program Lead Agency: City of Fontana SCH No. 2022110389
THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE
PARTY
MONITORING
PARTY
IMPLEMENTATION
STAGE
LEVEL OF
SIGNIFICANCE
AFTER
MITIGATION
the potential to unearth and
adversely impact paleontological
resource that may be buried
beneath the ground surface.
MM 4.7-2 The paleontologist shall conduct
full-time monitoring during grading and
excavation operations in undisturbed late
Pleistocene old alluvial fan deposits starting
at a depth of 5 feet below the existing
ground surface. The paleontologist shall be
equipped to salvage fossils if they are
unearthed to avoid construction delays and
to remove samples of sediments that are
likely to contain the remains of small fossil
invertebrates and vertebrates. The
paleontologist shall be empowered to
temporarily halt or divert equipment to
allow for the removal of abundant and large
specimens in a timely manner. Monitoring
may be reduced if the potentially
fossiliferous units are not present in the
subsurface, or if present, are determined
upon exposure and examination by the
paleontologist to have a low potential to
contain or yield fossil resources.
Project Applicant;
Project
Paleontologist
City of Fontana
Building and
Safety Department
During earth
disturbance activities
MM 4.7-3 Recovered specimens shall be
properly prepared to a point of
identification and permanent preservation,
including screen washing sediments to
recover small invertebrates and vertebrates,
if necessary. Identification and curation of
specimens into the collections of the
Project Applicant;
Project
Paleontologist
City of Fontana
Building and
Safety Department
If a significant
paleontological
resource is discovered
on the Project Site
2505
Citrus and Oleander Avenue at Santa Ana Avenue Project Mitigation, Monitoring and Reporting Program Lead Agency: City of Fontana SCH No. 2022110389
THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE
PARTY
MONITORING
PARTY
IMPLEMENTATION
STAGE
LEVEL OF
SIGNIFICANCE
AFTER
MITIGATION
Division of Geological Sciences, San
Bernardino County Museum, shall be
required for discoveries of significance as
determined by the paleontological monitor.
MM 4.7-4 A final monitoring and
mitigation report of findings and
significance shall be prepared, including
lists of all fossils recovered, if any, and
necessary maps and graphics to accurately
record the original location of the
specimens. The report shall be submitted to
the City of Fontana prior to issuance of the
first occupancy permit.
Project Applicant;
Project
Paleontologist
City of Fontana
Building and
Safety Department
Prior to issuance of
first occupancy permit
1.8 Greenhouse Gas Emissions
Summary of Impacts
Threshold a: Cumulatively
Considerable Impact. The Project
would exceed the SCAQMD
significance threshold of 3,000
MTCO2e per year. As such, the
Project would generate substantial,
cumulatively-considerable GHG
emissions that may have a
significant impact on the
environment.
MM 4.8-1 No portion of the buildings shall
include cold storage space.
MM 4.8-2 Building roofs shall be solarready and shall be outfitted with a solar photovoltaic system that either supplies 100
percent of the building user’s anticipated
electricity demand or is the maximum size
feasible given applicable Building Code
requirements, clearance requirements
around roof-mounted equipment, Southern
California Edison interconnection
Project Applicant
Project Applicant
City of Fontana
Building and
Safety Department
City of Fontana
Building and
Safety Department
Prior to issuance of a
building permit
Prior to issuance of a
building permit
Significant
Unavoidable
CumulativelyConsiderable Impact
2506
Citrus and Oleander Avenue at Santa Ana Avenue Project Mitigation, Monitoring and Reporting Program Lead Agency: City of Fontana SCH No. 2022110389
THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE
PARTY
MONITORING
PARTY
IMPLEMENTATION
STAGE
LEVEL OF
SIGNIFICANCE
AFTER
MITIGATION
regulations, transformer capacity, and other
code compliance constraints. Prior to
issuance of a shell building permit, the City
of Fontana shall verify that all or part of the
roof structure is designed to support the
installation of solar panels. The roofmounted solar photovoltaic systems shall be installed within 12 months of issuance of
the first occupancy permit.
Threshold b: Less-than-Significant
Impact. The Project would be
consistent with or otherwise would
not conflict with, applicable
regulations, policies, plans, and
policy goals that would further
reduce GHG emissions.
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
1.9 Hazards and Hazardous Materials
Summary of Impacts
Thresholds a and b: Less-thanSignificant Impact. During Project construction and operation,
mandatory compliance to federal,
State, and local regulations would
ensure that the Project would not
create a significant hazard to the
environment due to routine
transport, use, disposal, or upset of
hazardous materials.
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
2507
Citrus and Oleander Avenue at Santa Ana Avenue Project Mitigation, Monitoring and Reporting Program Lead Agency: City of Fontana SCH No. 2022110389
THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE
PARTY
MONITORING
PARTY
IMPLEMENTATION
STAGE
LEVEL OF
SIGNIFICANCE
AFTER
MITIGATION
Threshold c: Less-than-Significant
Impact. The Project Site is located
within one-quarter mile of Jurupa
Hills High School, Fontana Adult
School, and Citrus High School;
however, the Project would comply
with applicable federal, State, and
local regulations related to the
handling, storage, use, and
transport of hazardous materials to
ensure that students at Jurupa Hills
High School, Fontana Adult
School, and Citrus High School are
not exposed to substantial
hazardous emissions or acutely
hazardous materials, substances, or
waste.
Even though impacts would be less-thansignificant with the Project Applicant’s compliance to applicable federal, State, and
local regulations addressing hazardous
materials, the following mitigation
measures are recommended to ensure
regulatory compliance.
MM 4.9-1 Prior to the issuance of any new
occupancy permit for a use/user within the
Project’s commerce center buildings, and to
the extent hazardous materials exist on-site
and a Hazardous Materials Business
Emergency Plan (HMBEP) is required by
law, the Project Applicant shall provide a
copy of its approved Emergency Response
Plan to the Superintendent’s Office and
Facilities Office of the Fontana Unified
School District as well as the Principal of
Jurupa Hills High School, Fontana Adult
School, and Citrus High School outlining
how the building user will prevent or
respond to spills or leaks of hazardous
materials related to its facility/facilities and
use of the Project Site. If so requested, the
Project Applicant shall also meet with
School District and Fire Department
officials to discuss emergency response
procedures as contained in the HMBEP for
Project Applicant City of Fontana
Building and
Safety Department
Prior to issuance of
first occupancy permit
Less-than-Significant
Impact
2508
Citrus and Oleander Avenue at Santa Ana Avenue Project Mitigation, Monitoring and Reporting Program Lead Agency: City of Fontana SCH No. 2022110389
THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE
PARTY
MONITORING
PARTY
IMPLEMENTATION
STAGE
LEVEL OF
SIGNIFICANCE
AFTER
MITIGATION
spills or leaks at the Project Site in relation
to the nearby school facilities. This
measure shall be implemented under the
supervision of the City of Fontana’s
Planning Division, with input from the
Fontana Unified School District
Superintendent as appropriate. All meetings
shall be documented and documentation
shall be provided to the City Planning
Department within 30 days of each meeting.
Failure to abide by these procedures may be
grounds for revocation of any conditional
use permits or other discretionary approvals
for specific warehouse uses on the Project
Site.
Threshold d: No Impact. The
Project Site is not located on any
list of hazardous materials sites
complied pursuant to Government
Code Section 65962.5.
No mitigation is required. N/A N/A N/A No Impact
Threshold e: Less-than-Significant
Impact. The Project is consistent
with the restrictions and
requirements of the ONT ALUCP.
As such, the Project would not
result in an airport safety hazard for
people residing or working in the
Project area.
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
2509
Citrus and Oleander Avenue at Santa Ana Avenue Project Mitigation, Monitoring and Reporting Program Lead Agency: City of Fontana SCH No. 2022110389
THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE
PARTY
MONITORING
PARTY
IMPLEMENTATION
STAGE
LEVEL OF
SIGNIFICANCE
AFTER
MITIGATION
Threshold f: Less-than-Significant
Impact. The Project Site does not
contain any emergency facilities
nor does it serve as an emergency
evacuation route. During
construction and long-term
operation, adequate emergency
vehicle access is required to be
provided. Accordingly,
implementation of the Project
would not impair implementation
of or physically interfere with an
adopted emergency response plan
or an emergency evacuation plan.
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
Threshold g: No Impact. The
Project Site is not located in close
proximity to wildlands or areas
with high fire hazards. Thus, the
Project would not expose people or
structures to a significant wildfire
risk.
No mitigation is required. N/A N/A N/A No Impact
1.10 Hydrology and Water Quality
Summary of Impacts
Threshold a: Less-than-Significant
Impact. The Project would not
violate any water quality standards
or waste discharge requirements or
otherwise substantially degrade
surface or ground water quality.
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
2510
Citrus and Oleander Avenue at Santa Ana Avenue Project Mitigation, Monitoring and Reporting Program Lead Agency: City of Fontana SCH No. 2022110389
THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE
PARTY
MONITORING
PARTY
IMPLEMENTATION
STAGE
LEVEL OF
SIGNIFICANCE
AFTER
MITIGATION
Adherence to a SWPPP and
WQMP is required as part of the
Project’s implementation to
address construction- and
operational-related water quality.
Threshold b: Less-than-Significant
Impact. The Project would not
physically impact any of the major
groundwater recharge facilities in
the Chino Groundwater Basin. The
Project would not substantially
decrease groundwater supplies or
interfere substantially with
groundwater recharge such that the
Project would impede sustainable
groundwater management of the
Basin.
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
Threshold c: Less-than-Significant
Impact. The Project would be
required to comply with applicable
water quality regulatory
requirements to minimize erosion
and siltation. Additionally, the
Project would not result in flooding
on- or off-site or impede/redirect
flood flows. Lastly, the Project
would not create or contribute
runoff that would exceed the
capacity of existing or planned
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
2511
Citrus and Oleander Avenue at Santa Ana Avenue Project Mitigation, Monitoring and Reporting Program Lead Agency: City of Fontana SCH No. 2022110389
THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE
PARTY
MONITORING
PARTY
IMPLEMENTATION
STAGE
LEVEL OF
SIGNIFICANCE
AFTER
MITIGATION
stormwater drainage systems or
provide substantial additional
sources of polluted runoff.
Threshold d: No Impact. The
Project Site would not be subject to
inundation from tsunamis, seiches,
or other hazards.
No mitigation is required. N/A N/A N/A No Impact
Threshold e: Less-than-Significant
Impact. The Project would not
conflict with or obstruct
implementation of a water quality
control plan or sustainable
groundwater management plan.
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
1.11 Land Use Planning
Summary of Impacts
Threshold a: Less-than-Significant
Impact. The Project would not
physically divide an established
community.
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
Threshold b: Less-than-Significant
Impact. The Project proposes to
change the General Plan land use
designation and the zoning
designation, however, the Project
on an individual bases does not
have an impact and as such, would
not conflict with the goals and
objectives of the AQMP.
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
2512
Citrus and Oleander Avenue at Santa Ana Avenue Project Mitigation, Monitoring and Reporting Program Lead Agency: City of Fontana SCH No. 2022110389
THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE
PARTY
MONITORING
PARTY
IMPLEMENTATION
STAGE
LEVEL OF
SIGNIFICANCE
AFTER
MITIGATION
1.12 Mineral Resources
Summary of Impacts
Threshold a and b: No Impact. The
Project Site does not contain any
known mineral resources that
would be of value to the region or
the residents of the State. As such,
the Project would not result in the
loss of availability of a locallyimportant mineral resource recovery site delineated on a local
general plan, specific plan, or other
land use plan and no impact would
occur.
No mitigation is required. N/A N/A N/A No Impact
1.13 Noise
Summary of Impacts
Threshold a: Less-than-Significant
Impact. The Project would
generate short-term construction
and long-term operational noise but
would not generate noise levels that
exceed the standards established by
the Fontana General Plan or
Municipal Code.
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
Threshold b: Significant Direct
Impact. The Project’s construction
activities would exceed the
Fontana Adult School relocatable
MM 4.13-1 As a condition of the Building
2 grading permit and building permit, to
reduce construction noise, the contractor
shall be required to install a minimum 8-
Project Applicant City of Fontana
Building and
Safety Department
Prior to issuance of a
grading permit for the
Building 2 site; prior
to issuance of a
Significant Direct
Short-Term
Unavoidable Impact
2513
Citrus and Oleander Avenue at Santa Ana Avenue Project Mitigation, Monitoring and Reporting Program Lead Agency: City of Fontana SCH No. 2022110389
THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE
PARTY
MONITORING
PARTY
IMPLEMENTATION
STAGE
LEVEL OF
SIGNIFICANCE
AFTER
MITIGATION
classrooms damage thresholds at
the building façade.
foot-high temporary construction perimeter
noise barrier for the duration of construction
activities at the property boundary that
adjoins the Fontana Adult School. The noise
control barrier shall include the following:
a) The noise control barrier must present a
solid face from top to bottom.
b) The noise barrier shall be constructed
using one of the following materials
with no decorative cutouts or line-ofsight openings between shielded areas and the noise source:
An acoustical blanket (e.g. vinyl
acoustic curtains, quilted
blankets, or equivalent) attached
to the construction site perimeter
fence or equivalent temporary
fence posts.
Any combination of these
construction materials satisfying a
weight of at least 4 pounds per
square foot of face area.
c) The noise barrier shall be maintained,
and any damage promptly repaired.
Gaps, holes, or weaknesses in the
barrier or openings between the barrier
building permit for
Building 2 and during
construction
2514
Citrus and Oleander Avenue at Santa Ana Avenue Project Mitigation, Monitoring and Reporting Program Lead Agency: City of Fontana SCH No. 2022110389
THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE
PARTY
MONITORING
PARTY
IMPLEMENTATION
STAGE
LEVEL OF
SIGNIFICANCE
AFTER
MITIGATION
and the ground shall be promptly
repaired.
d) During all construction activities,
the construction contractors shall equip
all construction equipment, fixed or
mobile, with properly operating and
maintained mufflers, consistent with
manufacturers’ standards. The
construction contractor shall place all
stationary construction equipment so
that emitted noise is directed away from
the noise sensitive receptors nearest the
Project Site.
MM 4.13-2 As a condition of the Building
2 grading permit and building permit,
during construction activities, when the
Fontana Adult School relocatable
classrooms are occupied, a 20-foot buffer
setback will be required for the operation of
large pieces of construction equipment. No
large, loaded trucks, heavy mobile
equipment greater than 80,000 pounds, jack
hammers or vibratory roller shall occur
within 20-feet of occupied structures.
Instead, small rubber-tired or alternative
equipment, as well as soil compaction
equipment shall be used during Project
Project Applicant Fontana Building
and Safety
Department
Prior to issuance of a
grading permit for the
Building 2 site; prior
to issuance of a
building permit for
Building 2 and during
construction
2515
Citrus and Oleander Avenue at Santa Ana Avenue Project Mitigation, Monitoring and Reporting Program Lead Agency: City of Fontana SCH No. 2022110389
THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE
PARTY
MONITORING
PARTY
IMPLEMENTATION
STAGE
LEVEL OF
SIGNIFICANCE
AFTER
MITIGATION
construction to reduce vibration effects on
nearby Fontana Adult School structures and
their occupants. This requirement also shall
be noted on all grading plans, building
plans, and shall be specified in construction
bid documents and construction contracts.
MM 4.13-3 Prior to the commencement of
construction activities on the Building 2
site, the Project Applicant/Developer or
construction contractor shall be required to
supply its construction schedule to Fontana
Adult School. Best efforts shall be made by
the Project Applicant/Developer to work
with Fontana Adult School and schedule
construction activities that are least
disruptive to school activities occurring in
the relocatable classrooms located within 20
feet of the Building 2 construction site. The
Project Applicant/Developer also shall
work with Fontana Adult School on the
feasibility of temporarily relocating the
classrooms to another portion of the school
campus while Project construction activity
is occurring
Project Applicant Fontana Building
and Safety
Department
Prior to the
commencement of
construction on the
Building 2 Site.
Threshold c: Less-than-Significant
Impact. The proposed Project
would be compatible with noise
levels from the ONT and operation
of the Project would not expose
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
2516
Citrus and Oleander Avenue at Santa Ana Avenue Project Mitigation, Monitoring and Reporting Program Lead Agency: City of Fontana SCH No. 2022110389
THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE
PARTY
MONITORING
PARTY
IMPLEMENTATION
STAGE
LEVEL OF
SIGNIFICANCE
AFTER
MITIGATION
future employees on the Project
Site to excessive noise levels.
1.14 Population and Housing
Summary of Impacts
Threshold a: Less-than-Significant
Impact. The estimated 453 to 563
jobs to be generated by the Project
are expected to be filled by a labor
force that already resides in the
region. Accordingly, the Project
would not induce substantial
unplanned population growth.
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
Threshold b: Less-than-Significant
Impact. The Project would remove
eight residences, seven of which
are occupied. The removal of eight
homes would not displace
substantial numbers of people or
require the construction of
replacement housing elsewhere.
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
1.15 Public Services
Summary of Impacts
Threshold a: Less-than-Significant
Impact. The Project would increase
the demand for fire protection
services provided by the FFPD.
Although demand would be
increased, the FFPD’s existing fire
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
2517
Citrus and Oleander Avenue at Santa Ana Avenue Project Mitigation, Monitoring and Reporting Program Lead Agency: City of Fontana SCH No. 2022110389
THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE
PARTY
MONITORING
PARTY
IMPLEMENTATION
STAGE
LEVEL OF
SIGNIFICANCE
AFTER
MITIGATION
stations have adequate physical
capacity to service the Project.
Increased demand, unless it results
in some form of a physical
environmental impact, is not an
environmental effect under CEQA;
thus, impacts are less-thansignificant.
Threshold b: Less-than-Significant
Impact. The Project would increase
the demand for police protection
services provided by the Fontana
Police Department. Service to the
Project Site is provided by the
Fontana Police Department
Headquarters, and the Fontana
Police Department has no plans to
physically construct or expand a
station due to the Project or other
growth in the area. As such, the
Project would have no physical
environmental effects on police
protection services. Increased
demand, unless it results in some
form of a physical environmental
impact, is not an environmental
effect under CEQA; thus, impacts
are less-than-significant.
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
2518
Citrus and Oleander Avenue at Santa Ana Avenue Project Mitigation, Monitoring and Reporting Program Lead Agency: City of Fontana SCH No. 2022110389
THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE
PARTY
MONITORING
PARTY
IMPLEMENTATION
STAGE
LEVEL OF
SIGNIFICANCE
AFTER
MITIGATION
Threshold c: Less-than-Significant
Impact. The Project would not
result in or require new or
expanded public school facilities
and would not result in any direct
demand for school facilities. There
is no potential for the Project to
have a direct physical impact on
any school. For these reasons, lessthan-significant impacts to school facilities would occur.
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
Threshold d: No Impact. The
Project would not result in or
require new or expanded public
library facilities and would not
result in any direct demand for
library space. There is no potential
for the Project to have a direct
physical impact on any library. For
these reasons, no impact to library
facilities would occur.
No mitigation is required. N/A N/A N/A No Impact
Threshold e: Less-than-Significant
Impact. The Project would result in
an incremental increase in demand
for public health services
associated with persons that would
be employed at or visit the Project
Site. However, because the Project
would not result in or require the
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
2519
Citrus and Oleander Avenue at Santa Ana Avenue Project Mitigation, Monitoring and Reporting Program Lead Agency: City of Fontana SCH No. 2022110389
THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE
PARTY
MONITORING
PARTY
IMPLEMENTATION
STAGE
LEVEL OF
SIGNIFICANCE
AFTER
MITIGATION
physical construction or alteration
of public health facilities to
accommodate the Project’s
demand, impacts to public health
facilities would be less-thansignificant.
1.16 Recreation
Summary of Impacts
Threshold a: No Impact. The
Project does not propose any type
of residential use or other land use
that would generate a population
that would increase the use of
recreation facilities or existing
neighborhood or regional parks.
Parks would not be physically
affected by the Project.
No mitigation is required. N/A N/A N/A No Impact
Threshold b: No Impact. No on- or
off-site recreation facilities or
expansion of any existing off-site
recreational facilities would occur.
No impacts related to the
construction or expansion of
recreational facilities would occur.
No mitigation is required. N/A N/A N/A No Impact
1.17 Transportation/ Traffic
Summary of Impacts
2520
Citrus and Oleander Avenue at Santa Ana Avenue Project Mitigation, Monitoring and Reporting Program Lead Agency: City of Fontana SCH No. 2022110389
THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE
PARTY
MONITORING
PARTY
IMPLEMENTATION
STAGE
LEVEL OF
SIGNIFICANCE
AFTER
MITIGATION
Threshold a: Significant Direct and
Cumulatively-Considerable
Impact. The Project would conflict
with the Fontana General Plan,
Active Transportation Plan,
Objective 1.A because the Project
would generate VMT that is above
the regional baseline and would not
help the City meet its objective to
reduce VMT by 4% by 2035.
MM 4.17-1 Building users shall be required
to prepare and implement a Transportation
Demand Management Program (TDMP),
which shall be reviewed and approved by
the City of Fontana prior to the issuance of
an occupancy permit. The TDMP shall
include feasible strategies to reduce vehicle
miles traveled by employees, such as
carpooling or vanpooling programs, public
transportation use incentives, and walking
and biking to work incentives.
Building User
Occupants
City of Fontana
Public Works
Department
Prior to issuance of a
building permit
Significant Direct and
CumulativelyConsiderable Impact
Threshold b: Significant Direct and
Cumulatively-Considerable
Impact. The VMT generated by the
Project would exceed the City’s
significance threshold by 15.34
percent and therefore, the Project
would conflict with CEQA
Guidelines Section 15064.3.
MM 4.17-1 shall apply. Building User
Occupants
City of Fontana
Public Works
Department
Prior to issuance of a
building permit
Significant Direct and
CumulativelyConsiderable Impact
Threshold c: Less-than-Significant
Impact. The Project would not
introduce any significant
transportation safety hazards due to
a design feature or incompatible
use.
Although transportation safety impacts
would be less than significant, the following
mitigation measures are recommended to
assure that design features will be
implemented as part of the Project’s
implementation pertaining to bicycle and
pedestrian safety.
Less-than-Significant
Impact
2521
Citrus and Oleander Avenue at Santa Ana Avenue Project Mitigation, Monitoring and Reporting Program Lead Agency: City of Fontana SCH No. 2022110389
THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE
PARTY
MONITORING
PARTY
IMPLEMENTATION
STAGE
LEVEL OF
SIGNIFICANCE
AFTER
MITIGATION
MM 4.17-2 Signs shall be installed at the
truck exit driveways on Oleander Avenue
directing trucks to turn southbound only.
Trucks shall be prohibited from turning
northbound on Oleander Avenue upon
exiting the Project Site.
Project Applicant
for Buildings 2 and
3 City of Fontana
Department of
Public Works
Prior to issuance of an
occupancy permit for
Building 2 and
Building 3
MM 4.17-3 The Project Developer/
Applicant and all successors in interest shall
install and maintain signs at the Project
driveway exits connecting with Citrus
Avenue and Oleander Avenue at heights
visible to truck drivers that state,
“CAUTION, PEDESTRIAN AND
BICYCLE CROSSINGS AHEAD.” The
City shall verify installation of the signs
prior to the issuance of an occupancy permit
and require as a condition of the occupancy
permit that the signs be maintained in
legible condition.
Project Applicant City of Fontana
Department of
Public Works
Prior to issuance of an
occupancy permit
Threshold d: No Impact. Adequate
emergency access would be
provided to the Project Site during
construction and long-term
operation. The Project would not
result in inadequate emergency
access to the Project Site or
surrounding properties.
No mitigation is required. N/A N/A N/A No Impact
1.18 Tribal Cultural Resources
2522
Citrus and Oleander Avenue at Santa Ana Avenue Project Mitigation, Monitoring and Reporting Program Lead Agency: City of Fontana SCH No. 2022110389
THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE
PARTY
MONITORING
PARTY
IMPLEMENTATION
STAGE
LEVEL OF
SIGNIFICANCE
AFTER
MITIGATION
Summary of Impacts
Threshold a: Significant Direct and
Cumulatively-Considerable
Impact. The Project has the
potential to result in significant
impacts to tribal cultural resources
in the absence of protective
measures in the event that such
resources are discovered during
ground-disturbing construction
activities.
Refer to MMs 4.5-1 through 4.5-3, above. Project Applicant, Project
Archaeologist
City of Fontana
Building and
Safety Department
If cultural, tribal
cultural, or
archaeological
resources are found on
the Project Site;
During construction
Less-than-Significant
Impact with
Mitigation
Incorporated
1.19 Utilities and Service Systems
Summary of Impacts
Threshold a: Less-than-Significant
Impact. The physical
environmental effects associated
with installing the Project’s water,
wastewater, stormwater drainage,
and dry utility infrastructure is
evaluated throughout this EIR and
no adverse impacts specific to the
provision utilities services have
been identified.
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
Threshold b: Less-than-Significant
Impact. The FWC is expected to
have sufficient water supplies to
service the Project. The Project
would not exceed the FWC’s
available supply of water during
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
2523
Citrus and Oleander Avenue at Santa Ana Avenue Project Mitigation, Monitoring and Reporting Program Lead Agency: City of Fontana SCH No. 2022110389
THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE
PARTY
MONITORING
PARTY
IMPLEMENTATION
STAGE
LEVEL OF
SIGNIFICANCE
AFTER
MITIGATION
normal years, single-dry years, or
multiple-dry years.
Threshold c: Less-than-Significant
Impact. The IEUA would provide
wastewater treatment services to
the Project site via RP-4. These
facilities have adequate capacity to
service the Project and no new or
expanded facilities would be
needed.
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
Threshold d: Less-than-Significant
Impact. There is adequate capacity
available at the Mid Valley Landfill
to accept the Project’s solid waste
during both construction and longterm operation. The Project would not generate solid waste in excess
of State or local standards or in
excess of the capacity of local
infrastructure to handle the waste.
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
Threshold e: Less-than-Significant
Impact. The Project would comply
with all applicable solid waste
statutes and regulations; as such,
impacts related to solid waste
statutes and regulations would be
less-than-significant.
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
1.20 Wildfire
Summary of Impacts
2524
Citrus and Oleander Avenue at Santa Ana Avenue Project Mitigation, Monitoring and Reporting Program Lead Agency: City of Fontana SCH No. 2022110389
THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE
PARTY
MONITORING
PARTY
IMPLEMENTATION
STAGE
LEVEL OF
SIGNIFICANCE
AFTER
MITIGATION
Threshold a: Less-than-Significant
Impact. During construction and as
part of ongoing operations at the
Project Site, the City will require
that adequate access for emergency
vehicles be maintained. No
emergency routes would be
affected by the Project.
Accordingly, the Project would not
impair implementation of or
physically interfere with an
adopted emergency response plan
or an emergency evacuation plan,
and impacts would be less-thansignificant.
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
Threshold b: Less-than-Significant
Impact. Due to the developed
nature of the surrounding area and
requirements to construct the
Project in accord with applicable
Building and Fire Codes, there is
no reasonable potential that the
Project would expose the Project
Sites’ occupants to pollutant
concentrations from a wildfire or
the uncontrolled spread of a
wildfire.
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
Threshold c: Less-than-Significant
Impact. The Project proposes the
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
2525
Citrus and Oleander Avenue at Santa Ana Avenue Project Mitigation, Monitoring and Reporting Program Lead Agency: City of Fontana SCH No. 2022110389
THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE
PARTY
MONITORING
PARTY
IMPLEMENTATION
STAGE
LEVEL OF
SIGNIFICANCE
AFTER
MITIGATION
development of three commerce
center buildings, no components of
which would trigger the installation
or maintenance of wildfire
management features that could
result in exacerbated fire risks.
Threshold d: Less-than-Significant
Impact. There is no potential that
the Project could affect other
properties by induced flooding,
slope instability, or landslides.
Under existing and proposed
conditions, the Project Site exhibits
little topographic variation, and
development on the Project Site as
proposed would not involve any
uses containing natural vegetation
or other features subject to
wildland fire hazards that could
cause flooding, landslides,
instability, or changes in
downstream drainage patterns.
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
2526
ATTACHMENT NO. 16
RESOLUTION NO. 2023-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA
APPROVING, PURSUANT TO THE CERTIFIED ENVIRONMENTAL
IMPACT REPORT FOR THE NORTH FONTANA INDUSTRIAL COMMERCE CENTER (STATE CLEARINGHOUSE NO. 2022110389), GENERAL PLAN AMENDMENT NO. 22-004 (PART NO. 3 OF GENERAL PLAN AMENDMENT CYCLE NO. 3 OF 2023) AMENDING THE GENERAL PLAN LAND USE DESIGNATION ON APPROXIMATELY 29.4 ADJUSTED GROSS ACRES
(APNs: 0255-011-13, -14, -15, -18, -19, -25, -26, -27, -28, -29, -30, -31, and - 32, and 0255-021-17, -18, -22, -23, and -24, INCLUDING A FIVE-ACRE
PARCEL WHERE NO DEVELOPMENT IS CURRENTLY PROPOSED)
FROM RESIDENTIAL PLANNED COMMUNITY (R-PC) AND MULTIPLEFAMILY MEDIUM/HIGH RESIDENTIAL (R-MFMH) TO GENERAL INDUSTRIAL (I-G), AND APPROVING TENTATIVE PARCEL MAP NO. 20709 (TPM NO. 22-009) (BUILDING NO. 1), TENTATIVE PARCEL MAP NO. 20708 (TPM NO. 22-030) (BUILDING NO. 2), AND TENTATIVE PARCEL MAP NO. 20707 (TPM NO. 22-031) (BUILDING NO. 3) TO
PROCESS THREE PARCEL MAPS WHICH INCLUDES THE
CONSOLIDATE OF SIX (6) PARCELS INTO ONE PARCEL TO DEVELOP PROJECT SITES FOR BUILDING NO. 1 AND BUILDING NO. 2 AND THE CONSOLIDATION OF FIVE (5) PARCELS INTO ONE FOR THE
DEVELOPMENT OF THE PROJECT SITE FOR BUILDING NO. 3 AND
APPROVING DESIGN REVIEW NO. 22-029 (BUILDING NO. 1), DESIGN REVIEW NO. 22-061 (BUILDING NO. 2), AND DESIGN REVIEW NO. 22-062 (BUILDING NO. 3) FOR THE SITE AND ARCHITECTURE REVIEW FOR THREE BUILDINGS TOTALING APPROXIMATELY 540,849 SQUARE
FEET 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 May 18, 2022, the applicant, Acacia Real Estate Development c/o HPA Architects, submitted a request for a General Plan Amendment No. 22-004 to change the land use designation from Residential Planned Community (R-PC) and Multiple-Family Medium/High Residential (R-MFMH) to General Industrial (I-G) on approximately 29.4 adjusted gross acres of a 18 parcels (APNs: 0255-011-13, -14, -15, - 18, -19, -25, -26, -27, -28, -29, -30, -31, and -32, and 0255-021-17, -18, -22, -23, and - 24, including a five-acre parcel that excludes development) (see attached Exhibit “A”); Specific Plan Amendment 20-002 to amend the Southwest Industrial Park (SWIP) Specific Plan Land Use Plan to expand the SWIP boundary to include the entire 29.4 acres and designate the property with Slover East industrial District (SED) land use designation; Zoning District Map Amendment No. 22-005 (Zone Change) to rezone the parcels from Residential Planned Community (R-PC) and Multiple-Family Medium/High Density Residential (R-4) to Southwest Industrial Park (SWIP) Specific Plan, SED No. 22-005, Tentative Parcel Map No. 20709 (TPM No. 22-009) (Building No. 1), Tentative Parcel 2527
Resolution No. 2023-_____
Map No. 20708 (TPM No. 22-030) (Building No. 2), and Tentative Parcel Map No. 20707 (TPM No. 22-031) (Building No. 3) to process three parcel maps which includes the consolidation of six (6) parcels into one parcel to develop project sites for Building No. 1 and Building No. 2 and the consolidation of five (5) parcels into one for the development of the project site for Building No. 3, Design Review No. 22-029 (Building No. 1), Design Review No. 22-061 (Building No. 2), and Design Review No. 22-062 (Building No. 3) for the site and architecture review for three buildings totaling approximately 540,849 square feet with associated landscaping and parking; and Development Agreement No. 23-005 to include a review of the development agreement for a public benefit fee of $2,298,608.25; and,
WHEREAS, the applicant is proposing to amend the boundaries of the SWIP specific plan boundaries and zoning classifications to allow for the development of the industrial commerce buildings; and
WHEREAS, the subject site includes 18 parcels that was annexed from San Bernardino County into the City of Fontana on May 23, 1966 and September 19, 2006; and
WHEREAS, the subject property is 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 Chapter 30 Article XV “No Net Loss Density Bonus/Replacement Program.” Pursuant to the FMC section 30-697, the Unit Bank cannot exceed 2,200 units. The Unit Bank is currently 1,280 units. These 507 units from this project will be added to the Unit Bank increasing the number of units in the Unit Bank to 1,787, 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 serve basis, density bonuses of up to 20% on other parcels until the 1,787 residential units are reclaimed within future planned residential projects; and
WHEREAS, all the notices required by statute or the Fontana Municipal Code have been given as required; and
WHEREAS, on June 20, 2023, the Planning Commission received public testimony and evidence presented by the applicant, City staff, and other interested parties, at the Public Hearing held on North Fontana Industrial Commerce Center (State Clearinghouse No. 2022110389), General Plan Amendment (GPA) No. 22-004, Zoning District Map Amendment (Zone Change) No. 22-005, Specific Plan Amendment (SPA) No. 22-002, Development Agreement (DA) No. 23-005, Tentative Parcel Map No. 20709 (TPM No. 22-009) (Building No. 1), Design Review (DRP) No. 22-029 (Building No. 1), Tentative Parcel Map No. 20708 (TPM No. 22-030) (Building No. 2), Design Review No. 22-061 (Building No. 2), Tentative Parcel Map No. 20707 (TPM No. 22-031) (Building No. 3), 2528
Resolution No. 2023-_____
Design Review No. 22-062 (Building No. 3), and recommended approval to the City Council by Resolution No. 2023-025; and
WHEREAS, on July 25, 2023, the City Council conducted a noticed public hearing on General Plan Amendment (GPA) No. 22-004, Zoning District Map Amendment (Zone Change) No. 22-005, Specific Plan Amendment (SPA) No. 22-002 Development Agreement (DA) No. 23-005, Tentative Parcel Map No. 20709 (TPM No. 22-009) (Building No. 1), Design Review (DRP) No. 22-029 (Building No. 1), Tentative Parcel Map No. 20708 (TPM No. 22-030) (Building No. 2), Design Review No. 22-061 (Building No. 2), Tentative Parcel Map No. 20707 (TPM No. 22-031) (Building No. 3), Design Review No. 22-062 (Building No. 3), and received testimony from all parties, the staff report and attached supporting documents from the Planning Commission public hearing on June 20, 2023, as well as testimony from the project applicant and others; and WHEREAS, based on the information presented to the City Council at the public hearing held for General Plan Amendment (GPA) No. 22-004, Tentative Parcel Map No. 20709 (TPM No. 22-009) (Building No. 1), Design Review (DRP) No. 22-029 (Building No. 1), Tentative Parcel Map No. 20708 (TPM No. 22-030) (Building No. 2), Design Review No. 22-061 (Building No. 2), Tentative Parcel Map No. 20707 (TPM No. 22-031) (Building No. 3), Design Review No. 22-062 (Building No. 3), the testimony received, and the supporting documents in evidence, the City Council found that the amendments and project are in conformance with the goals and policies of the General Plan as referred herein; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA), an Environmental Impact Report (EIR) (State Clearing House No. 2022110389) was prepared for General Plan Amendment (GPA) No. 22-004, Tentative Parcel Map No. 20709 (TPM No. 22-009) (Building No. 1), Design Review (DRP) No. 22-029 (Building No. 1), Tentative Parcel Map No. 20708 (TPM No. 22-030) (Building No. 2), Design Review No. 22-061 (Building No. 2), Tentative Parcel Map No. 20707 (TPM No. 22-031) (Building No. 3), Design Review No. 22-062 (Building No. 3), and certified to address issues of potential concern of the development. Based on the CEQA Sections 15162 through 15164, staff has determined that none of the criteria requiring a subsequent environmental document haves been met and that further environmental analysis is not required. A Notice of Determination has been prepared; and WHEREAS, pursuant to Government Code Section 65358 on July 25, 2023 the City Council adopted one General Plan Amendment in the following three parts: MCN No. 22- 118 (Downtown Core), MCN No. 22-084 (The Heights at Southridge), and MCN No. 22- 053 (Citrus/Oleander Industrial Commerce Center Project); 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:
2529
Resolution No. 2023-_____
SECTION 1. Recitals. The recitals are true and correct and incorporated herein by this reference.
SECTION 2. CEQA. 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 North Fontana Industrial Commerce Center Environmental Impact Report (“EIR”) (State Clearinghouse No. 2022110389) was prepared for development, including the General Plan Amendment and Tentative Vesting Map. The City Council has certified the Citrus/Oleander 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. General Plan Amendment Findings. The City of Fontana City Council hereby makes the following findings for General Plan Amendment No. 22-004 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 longterm growth of the City.
Findings of Fact: The applicant is proposing to change the General Plan Land Use Designation of the site from Residential Planned Community (R-PC) and Multiple-Family Medium/High Residential (R-MFMH) to General Industrial (I-G). This would allow for the construction of three (3) industrial commerce center buildings totaling approximately 540,849 square feet. This development will assist with growing industrial commerce demand in the City of Fontana and the surrounding area.
Additionally, properties to the south and west have a General Plan designation of General Industrial.
SECTION 4. Tentative Parcel Map No. 20709 Findings. The City of Fontana’s City Council hereby makes the following findings for Tentative Parcel Map No. 20709 (TPM No. 22-009), Building No. 1 in accordance with Section No. 26-218 “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. 20709 (TPM No. 22-009) is consistent with the General Plan Land Use Designation for the project site, which is General Industrial (I-G). The lot size will meet the lot standards of the General Industrial zoning district. The tentative parcel map consolidates six (6) existing parcels (APNs: 0255-011-29 through - 32 and 0255-011-18 and -19) into one parcel for the construction of 2530
Resolution No. 2023-_____
a concrete tilt-up- industrial commerce buildings totaling - approximately 151,618 square feet. This is within the land use permitted in the General Plan. The project encompasses a Specific Plan Amendment to incorporate into the Southwest Industrial Park Specific Plan, Slover East Industrial District.
Finding No. 2: That the design or improvements of the proposed tentative parcel map are consistent with the General Plan and any applicable Specific Plan.
Findings of Fact: The site design for Tentative Parcel Map No. 20709 is consistent with the General Plan. 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 General 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 Southwest Industrial Specific Plan, Slover East Industrial District zone. Improvements consist of public sewer, public storm drain, streets, gutter, sidewalks, drainage, and grading to provide a safe and well-designed project for the area. The project encompasses a Specific Plan Amendment to incorporate into the Southwest Industrial Park Specific Plan, Slover East Industrial District.
Finding No. 3: The site is physically suitable for the type and density of development proposed.
Findings of Fact: The overall project site of approximately 29.4 adjusted gross acres, is adequate in size to accommodate the development. 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. 20709 (TPM No. 22-009) 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 of industrial, high school, adult school, and warehouses uses.
An Environmental Impact Report (EIR) has been prepared for this project pursuant to the California Environmental Quality Act (CEQA) 2531
Resolution No. 2023-_____
and the 2019 Local Guidelines for Implementing CEQA. Based on the information in the EIR, the project does not represent significant effect on the environment as a result of project implementation. The mitigation measures establish within the EIR will reduce any significant impacts to the surrounding area. The use is anticipated based on the Land Use Designation and the Zoning and
Development Code.
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. 20709 will not cause public health problems. The development complies with the Zoning and Development Code and General Plan. Improvements and includes connection to the public sewer, public storm drain, modification to the existing sidewalks, drainage, and grading to provide a safe and welldesigned 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. 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 equivalent to easements previously acquired by the public.
Findings of Fact: The design of Tentative Parcel Map No. 20709 (TPM No. 22-009) 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, one on Citrus Avenue and one from Santa Ana Avenue. The truck traffic will come in and out from Citrus Avenue and vehicle traffic will use the entrances from Citrus Avenue and Santa Ana Avenue.
SECTION 5. Design Review No. 22-029 Findings. The City of Fontana City Council hereby makes the following findings for a Design Review No. 22-029 (Building No. 1) in accordance with Section 30-120 “Findings for approval” of the Fontana Zoning and Development Code:
Finding No. 1: The proposal is consistent with any General Plan, Zoning and Development Code, and applicable Specific Plan.
Findings of Fact: The General Plan land use designation of General Industrial (I-G) 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 industrial commerce 2532
Resolution No. 2023-_____
facility provides for a consistent blend of well-designed industrial development in the immediate vicinity. The project emcompasses a specific plan amendment to incorporate into the Southwest Industrial Park Specific Plan, Slover East Industrial District.
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 for the site and architectural design for a 151,618 square foot industrial commerce center building (Building No. 1). The industrial commerce facility has been designed with office totaling approximately 10,000 square feet. A gate-secured truck court with 17 loading docks are on the west side of Building No. 1. 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 one from Citrus Avenue and one driveway on Santa Ana Avenue. Landscaping is ornamental in nature and would features trees, shrubs, and drought-tolerant accent plants in addition to a variety of groundcovers.
The project is an appropriate and desirable development for the area.
With the General Plan Amendment, Specific Plan Amendment and Zone Change from Residential Planned Community (R-PC) and Multiple-Family Medium/High Residential (R-MFMH) to General Industrial (I-G), the project will meet or exceed the criteria contained in the Design Review section of the Fontana Zoning and
Development Code and the SWIP Specific Plan.
The project will result in the construction of an industrial commerce center building totaling approximately 151,618 square feet. 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 proposed 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 2533
Resolution No. 2023-_____
architecturally pleasing. Access to and from the project site would be provided from two driveways one on Citrus Avenue and one from Santa Ana Avenue (vehicle traffic only). The landscaping is ornamental in nature and would features trees, shrubs, and droughttolerant accent plants in addition to a variety of groundcovers. The building is compatible with the industrial commerce centers to the south and west of the project 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 and the newly adopted sustainability ordinance. The improvements include sewer and storm drain systems, site circulation, parking, landscaping, parks, lighting, driveways, sidewalks and decorative paving.
SECTION 6. Tentative Parcel Map No. 20708 Findings. The City of Fontana’s Planning Commission hereby makes the following findings for Tentative Parcel Map No. 20708 (TPM No. 22-030), Building No. 2 in accordance with Section No. 26-218(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. 20708 (TPM No. 22-030) is consistent with the General Plan Land Use Designation for the project site, which is General Industrial (I-G). The lot size with the consolidation will meet the lot standards of the General Industrial zoning district. The tentative parcel map consolidates six (6) existing parcels (APNs:
0255-011-14, -13, and -25 through -28) into one parcel for the construction of a concrete tilt-up- industrial commerce buildings totaling approximately 196,336 square feet. This is within the land use permitted in the General Plan. The project encompasses a Specific Plan Amendment to incorporate into the Southwest Industrial Park Specific Plan, Slover East Industrial District.
Finding No. 2: That the design or improvements of the proposed tentative parcel map are consistent with the General Plan and any applicable Specific Plan.
Findings of Fact: The site design for Tentative Parcel Map No. 20708 is consistent with the General Plan. 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 General Industrial development 2534
Resolution No. 2023-_____
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 Southwest Industrial Specific Plan, Slover East Industrial District zone. Improvements consist of public sewer, public storm drain, streets, gutter, sidewalks, drainage, and grading to provide a safe and well-designed project for the area. The project encompasses a specific plan amendment to incorporate into the Southwest Industrial Park Specific Plan, Slover East Industrial District.
Finding No. 3: The site is physically suitable for the type and density of development proposed.
Findings of Fact: The overall project site of approximately 29.4 adjusted gross acres, and is adequate in size to accommodate the development. 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. 20708 (TPM No. 22-030) 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 of industrial, high school, adult school, and warehouses uses.
An Environmental Impact Report (EIR) 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 EIR, the project does not represent significant effect on the environment as a result of project implementation. The mitigation measures establish within the EIR will reduce any significant impacts to the surrounding area. The use is anticipated based on the Land Use Designation and the Zoning and
Development Code.
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. 20708 will not cause public health problems. The development complies with the Zoning and Development Code and General Plan. Improvements include connection to the public sewer, connection to the public storm drain, modification to the existing sidewalks, drainage, and grading to 2535
Resolution No. 2023-_____
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. 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 equivalent to easements previously acquired by the public.
Findings of Fact: The design of Tentative Parcel Map No. 20708 (TPM No. 22-030) 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, one on Oleander Avenue and one from Santa Ana Avenue. The truck traffic will come in and out from Oleander Avenue and vehicle traffic will use the entrances from Oleander Avenue and Santa Ana Avenue.
SECTION 7. Design Review No. 22-061 Findings. The City of Fontana City Council hereby makes the following findings for a Design Review No. 22-061 (Building No. 2) 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, Zoning and Development Code, and applicable Specific Plan.
Findings of Fact: The General Plan land use designation of General Industrial (I-G) 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 industrial commerce facility provides for a consistent blend of well-designed industrial development in the immediate vicinity. The project encompasses a specific plan amendment to incorporate into the Southwest Industrial Park Specific Plan, Slover East Industrial District.
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 for the site and architectural design for the proposed 196,336 square foot industrial commerce center building (Building No. 2). The industrial commerce facility has been designed with office totaling approximately 16,000 square feet. A gate-secured truck court with 26 loading docks are on the west side of Building No. 2536
Resolution No. 2023-_____
2. 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 one from Oleander Avenue and one driveway on Santa Ana Avenue. The landscaping would be
ornamental in nature and would features trees, shrubs, and droughttolerant accent plants in addition to a variety of groundcovers.
The project will be an appropriate and desirable development for the area. With the General Plan Amendment, Specific Plan Amendment and Zone Change from Residential Planned Community (R-PC) and Multiple-Family Medium/High Residential (R-MFMH) to General Industrial (I-G), the project will meet or exceed the criteria contained in the Design Review section of the Fontana Zoning and
Development Code and the SWIP specific plan.
The project will result in the construction of an industrial commerce center building totaling approximately 196,336 square feet. 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 one from Oleander Avenue and one from Santa Ana Avenue (vehicle traffic only). The 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 to the south and west of the project site and will provide quality, and aesthetically pleasing 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 and the newly adopted sustainability ordinance. The improvements include sewer and storm drain systems, site 2537
Resolution No. 2023-_____
circulation, parking, landscaping, parks, lighting, driveways, sidewalks and decorative paving.
SECTION 8. Tentative Parcel Map No. 20707 Findings. The City of Fontana’s City Council hereby makes the following findings for Tentative Parcel Map No. 20707 (TPM No. 22-031), Building No. 3 in accordance with Section No. 26-218 “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. 20707 (TPM No. 22-031) is consistent with the General Plan Land Use Designation for the project site, which is General Industrial (I-G). The lot size will meet the lot standards of the General Industrial zoning district. The tentative parcel map consolidates five (5) existing parcels (APNs: 0255-021-17 and -18, 0255-021-22 through -24) into one parcel for the construction of a concrete tilt-up- industrial commerce buildings totaling approximately 192,895 square feet. This is within the land use permitted in the General Plan. The project encompasses a Specific Plan Amendment to incorporate into the Southwest Industrial Park Specific Plan, Slover East Industrial District.
Finding No. 2: That the design or improvements of the proposed tentative parcel map are consistent with the General Plan and any applicable Specific Plan.
Findings of Fact: The site design for Tentative Parcel Map No. 20707 is consistent with the General Plan. 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 General 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 Southwest Industrial Specific Plan, Slover East Industrial District zone. Improvements consist of public sewer, public storm drain, streets, gutter, sidewalks, drainage, and grading to provide a safe and well-designed project for the area. The project encompasses a Specific Plan Amendment to incorporate into the Southwest Industrial Park Specific Plan, Slover East Industrial District.
Finding No. 3: The site is physically suitable for the type and density of development proposed.
Findings of Fact: The overall project site of approximately 29.4 adjusted gross acres, is adequate in size to accommodate the development referenced 2538
Resolution No. 2023-_____
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. 20707 (TPM No. 22-031) is not likely to cause substantial environmental damage or substantially and unavoidably injury to fish or wildlife or their habitat. The area surrounding the project site has been developed with of industrial, high school, adult school, and warehouses uses.
An Environmental Impact Report (EIR) 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 EIR, the project does not represent significant effect on the environment as a result of project implementation. The mitigation measures establish within the EIR will reduce any significant impacts to the surrounding area. The proposed use is anticipated based on the Land Use Designation and the Zoning and Development Code.
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. 20707 will not cause public health problems. The development complies with the Zoning and Development Code and General Plan. Improvements include connection to the public sewer, connection to the public storm drain, modification to the existing 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. 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 equivalent to easements previously acquired by the public.
Findings of Fact: The design of Tentative Parcel Map No. 20707 (TPM No. 22-031) and public improvements will not conflict with access easements acquired by the public. Access to and from the project site would be 2539
Resolution No. 2023-_____
provided from two driveways, one on Oleander Avenue and one from Santa Ana Avenue. The truck traffic will come in and out from Oleander Avenue and vehicle traffic will use the entrances from Oleander Avenue and Santa Ana Avenue.
SECTION 9. Design Review No. 22-062 Findings. The City of Fontana City Council hereby makes the following findings for a Design Review No. 22-062 (Building No. 3) 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, Zoning and Development Code and applicable Specific Plan.
Findings of Fact: The General Plan land use designation of General Industrial (I-G) 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 industrial commerce facility provides for a consistent blend of well-designed industrial development in the immediate vicinity. The project encompasses a Specific Plan Amendment to incorporate into the Southwest Industrial Park Specific Plan, Slover East Industrial District.
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 for the site and architectural design for the 192,895 square foot industrial commerce center building (Building No. 3). The industrial commerce facility has been designed with office totaling approximately 16,000 square feet. A gate-secured truck court with 26 loading docks are on the west side of Building No. 3. 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 one from Oleander Avenue and one driveway on Santa Ana Avenue. The 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 General Plan Amendment, Specific Plan Amendment and Zone Change from Residential Planned Community (R-PC) and Multiple-Family Medium/High Residential (R-MFMH) to General Industrial (I-G), the project will meet or exceed the criteria contained 2540
Resolution No. 2023-_____
in the Design Review section of the Fontana Zoning and
Development Code and the SWIP Specific Plan.
The project will result in the construction of an industrial commerce center building totaling approximately 192,895 square feet. 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 one from Oleander Avenue and one from Santa Ana Avenue (vehicle traffic only). The 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 to the south and west of the project site and will provide a quality, aesthetically pleasing 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 and the newly adopted sustainability ordinance. The improvements include sewer and storm drain systems, site circulation, parking, landscaping, parks, lighting, driveways, sidewalks and decorative paving.
SECTION 10. General Plan Amendment Approval. Based on the findings in Section 3, the City Council of the City of Fontana hereby approves General Plan Amendment No. 22-004 to change the land use designation from Residential Planned Community (R‐PC) and Multi-Family Medium/High Density Residential (R-MFMH) to General Industrial (I‐G) on approximately 29.4 adjusted gross acres of a 18 parcels (APNs) 0255-011-13, -14, -15, -18, -19, -25, -26, -27, -28, -29, -30, -31, and -32, and 0255-021-17, -18, -22, -23, and -24, as shown as Exhibit “A” attached hereto and incorporated herein by reference as fully set forth herein. 2541
Resolution No. 2023-_____
SECTION 11. Tentative Parcel Map Approvals. Based on the findings in Section 4, 6, and 8 the City Council of the City of Fontana hereby approves Tentative Parcel Map No. 20709 (TPM No. 22-009) (Building No. 1), Tentative Parcel Map No. 20708 (TPM No. 22- 030) (Building No. 2), and Tentative Parcel Map No. 20707 (TPM No. 22-031) (Building No. 3) to consolidate six (6) parcels into one parcel to develop Building No. 1 and Building No. 2 and consolidate five (5) parcels into one for the development of Building No. 3 subject to the Conditions of Approval, that are attached hereto as Exhibit “B, D, AND F” and incorporated herein by reference as though fully set forth herein.
SECTION 12. Design Review Approvals. Based on the findings in Section 5, 7, and 9, the City Council of the City of Fontana hereby approves Design Review No. 22-029, Design Review No. 22-061, Design Review No. 22-062 subject to the Conditions of Approval, which are attached hereto as Exhibit “C, E, AND G” and incorporated herein by reference as though fully set forth herein.
SECTION 13. Effective Date This Resolution shall take effect thirty (30) days after the adoption of the City Council Ordinance adopting Zoning District Map Amendment (Zone Change) No. 22-005, City Council Ordinance adopting Specific Plan Amendment No. 22- 002, and the City Council Ordinance approving Development Agreement No. 22-007 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 this resolution shall be null and void and have no further force and effect.
SECTION 14. 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.
SECTION 15. Severability. If any provision of this Resolution or the application of any such provision to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application.
APPROVED AND ADOPTED this 25th day of July 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 2542
Resolution No. 2023-_____
regularly adopted by the City of Fontana at a regular meeting thereof, held on the 25th day of July 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
2543
Resolution No. 2023-_____
EXHIBIT “A”
EXISTING AND PROPOSED GENERAL PLAN LAND USE DESIGNATION - RESIDENTIAL PLANNED COMMUNITY (R‐PC) AND MULTI-FAMILY MEDIUM/HIGH DENSITY RESIDENTIAL (R-MFMH) TO GENERAL INDUSTRIAL (I‐G) 2544
Resolution No. 2023-_____
EXHIBIT “B”
CITY OF FONTANA
CONDITIONS OF APPROVAL
PROJECT: Master Case No. (MCN) 22-053 July 25, 2023
Tentative Parcel Map No. 20709 (TPM No. 22-009)
Building No. 1
LOCATION: The project site is located north of Santa Ana Avenue, between Citrus Avenue and Oleander Avenue, and at the northeast corner of the Santa Ana Avenue and Oleander Avenue intersection, (APNs) 0255-011-13, -14, -15, -18, -19, -25, -26, -27, -28, -29, -30, -31, and -32, and 0255-021-17, -18, - 22, -23, and -24.
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 requirements of the Fontana City’s Municipal Code shall be complied with.
B. All Conditions of Approval imposed on this project have been fulfilled.
2. 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, 2545
Resolution No. 2023-_____
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.
3. Tentative Parcel Map No. 20709 (TPM No. 22-009) shall comply with all applicable development standards of, Chapter 26 (Subdivisions), Southwest Industrial Park Specific, Chapter 30 (Zoning and Development), and the Subdivision Map Act.
4. 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.
5. 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.
6. 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.
7. Tentative Parcel Map No. 20709 (TPM No. 22-009) 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.
8. In the event that one or more of the Conditions of Approval for this project needs to 2546
Resolution No. 2023-_____
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.
9. 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.
10. The applicant shall meet all guidelines identified in the Industrial Commerce Sustainability Ordinance (Ordinance No. 1891).
ENGINEERING DEPARTMENT:
PRIOR TO MAP RECORDATION:
11. The Applicant shall provide a Land Improvement Agreement, with accompanying security. The agreement shall be executed on City-provided forms.
BUILDING & SAFETY DIVISION:
12. The Parcel Map shall record prior to the issuance of any permits.
END OF CONDITIONS
2547
Resolution No. 2023-_____
EXHIBIT “C”
CITY OF FONTANA
CONDITIONS OF APPROVAL
PROJECT: Master Case No. (MCN) 22-053 DATE: July 25, 2023 Design Review (DRP) No. 22-029
Building No. 1
LOCATION: The project site is located north of Santa Ana Avenue, between Citrus Avenue and Oleander Avenue, and at the northeast corner of the Santa Ana Avenue and Oleander Avenue intersection, (APNs) 0255-011-13, -14, -15, -18, -19, -25, -26, -27, -28, -29, -30, -31, and -32, and 0255-021-17, -18, - 22, -23, and -24.
PLANNING DEPARTMENT:
13. 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.
14. 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.
2548
Resolution No. 2023-_____
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.
15. This project shall comply with all applicable provisions, regulations and development standards of the Fontana Zoning and Development Code and the Southwest Industrial Park Specific Plan.
16. The applicant shall meet all guidelines identified in the Industrial Commerce Sustainability Ordinance (Ordinance No. 1891).
17. 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.
18. Historic Archaeological Resources
A. 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.
B. Preservation in place shall be the preferred manner of treatment. If preservation in place is not feasible, treatment may include implementation of 2549
Resolution No. 2023-_____
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.
C. 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.
19. The construction contractor shall use the following source controls at all times:
D. 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.
E. 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.
F. Have only necessary equipment onsite.
G. 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:
H. Install portable noise barriers, including solid structures and noise blankets, between the active noise sources and the nearest noise receivers.
I. Temporarily enclose localized and stationary noise sources.
J. Store and maintain equipment, building materials, and waste materials as far as practical from as many sensitive receivers as practical.
20. 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.
21. 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 2550
Resolution No. 2023-_____
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.
22. The current development fees must be paid prior to issuance of building/construction permits.
23. In the event that one or more of the Conditions of Approval for this project needs to be amended and/or deleted due to health, safety or welfare concerns, the City Manager is authorized to approve or conditionally approve such amendment/deletion, provided that City Manager shall bring such proposed amendment/deletion to the City Council at the next available meeting for City Council ratification, but in no event later than sixty (60) days following the City Manager’s decision. The noticing of such City Council meeting for possible ratification shall be pursuant to Sections No. 30-30 and Sections No. 30-31 of the Municipal Code.
24. 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.
25. 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.
26. 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.
27. Sidewalks shall be provided for all new developments in accordance with the city’s circulation element of the General Plan.
28. Two (2) bicycle parking racks or secured bicycle lockers shall be provided for all nonresidential developments.
29. 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.
30. All signs shall be reviewed under a separate Design Review Sign application.
31. 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.
32. All landscaping shall be healthy and maintained in a reasonable manner as determined by the Director of Planning or his/her designee. 2551
Resolution No. 2023-_____
33. The transformer shall be screened by a solid screen wall and mature, dense landscaping, and not visible from the public right-of-way.
34. 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.
35. There shall be no refrigerated uses on site; unless, a future tenant follows any applicable studies/memorandums to amend this Condition of Approval.
36. Development fees and Planning Department final inspection fee must be paid prior to Certificate of Occupancy.
37. Applicant shall pay all applicable service fees pursuant to the City of Fontana Municipal Code.
38. 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.
39. 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.
40. 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.
41. Incorporate an anti-graffiti coating onto the exterior of all proposed block walls to discourage graffiti.
42. Incorporate hostile landscape into the interior, perimeter landscape setback areas to discourage subjects from accessing the site.
43. Adhere to the Standard Building Security Specifications of the Fontana Police Department.
Prior To Issuance of Grading Permit
44. 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:
2552
Resolution No. 2023-_____
45. 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.
46. 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.
47. The Applicant shall maintain all improvements and utilities within the public right-ofway, including street sweeping, prior to issuance of final certificate of occupancy by the City.
PRIOR TO ISSUANCE OF GRADING PERMIT
48. The Applicant shall submit and gain approval of a complete WQMP Report in accordance with the County of San Bernardino Technical Guidance Document and latest template.
49. 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
50. The 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
51. The Applicant shall record all parcel as required for the development.
52. The Applicant shall submit engineered improvement plans and obtain full approval.
All required public improvements, including but not limited to streets, storm drainage systems, sewers, traffic signals, streetlights, striping, signs, landscape, and any required traffic control and/or detour plans. All plans shall conform to City Standards and Specifications, and as approved by the City Engineer.
53. The Applicant shall implement the recommendations presented in the project’s Traffic Impact Analysis prepared by Urban Crossroads dated May 11, 2023.
Recommendations include but are not limited to restriping public roads, such as increasing the length of the Citrus Ave at Santa Ana Ave southbound left turn lane to two hundred feet. A signing and striping plan shall be submitted to the Engineering Department for review and approval by the City Engineer.
PRIOR TO ISSUANCE OF FINAL CERTIFICATE OF OCCUPANCY
54. The Applicant/Design Engineer to provide the City of Fontana with As-Built/Record Drawings for all public improvement plans.
55. 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. 2553
Resolution No. 2023-_____
56. The Applicant/Engineer shall set survey monuments as required by the map and corner records must be recorded with the County.
57. 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).
58. All sewer 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.
59. 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.
60. 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 (BMT) Transfer. The Access, Maintenance, and the WQMP Certification for BMP Completion must be submitted to the City Project Engineer.
BUILDING & SAFETY:
61.The applicant shall design the project to show compliance with the latest adopted edition of the following codes as applicable:
A. California Building Code
B. California Residential Code
C. California Electrical Code
D. California Mechanical Code
E. California Plumbing Code
F. California Energy Code
G. California Fire Code
H. California Green Building Standards Code
62. 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.
63. 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. 2554
Resolution No. 2023-_____
64. 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.
65. 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.
66. The applicant shall have the parcel map recorded prior to the issuance of any building permits.
67. The applicant shall comply with the following grading requirements:
A. Grading plans shall be submitted to and approved by Building & Safety.
The grading plans shall indicate all site improvements and shall indicate complete drainage paths of all drainage water run-offs.
B. All drainage water shall drain via approved methods to an approved location, such as a public street, a public drainage system, etc.
C. Drainage water shall not cross over a public sidewalk. Drainage water may, however, cross under a sidewalk if an approved drainage structure is used.
D. A recorded drainage acceptance agreement is required from adjoining property(s) receiving flows from this property.
E. No water course or natural drainage shall be obstructed.
F. Minimum slope or grade for ALL 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 complete hydraulic calculations justifying the size, slope, capacity, etc. of any and all drainage structures being utilized, shall be submitted to and approved by Building & Safety.
The on-site drainage system shall, as a minimum, be designed to handle the run-off generated by a ten (10) year storm. Check for flooding of all on-site structures (buildings) and all adjacent properties during a hundred (100) year storm.
I. The grading plans shall, as a minimum, contain sections at all lot lines 2555
Resolution No. 2023-_____
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.
68. The applicant is required to obtain permits for the removal and/or demolition of structures.
69. 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
70. 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:
A. Precise grading plans shall be approved
B. Rough grading completed
C. Compaction certification
D. Pad elevation certification
E. Rough grade inspection signed off by a City Building Inspector
71. 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) inter-mixing in the event of an accident or spill.
72. The applicant shall combine the existing parcels into one parcel, 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.
ENVIRONMENTAL CONTROL:
Prior to Certificate of Occupancy or Permit Approval
2556
Resolution No. 2023-_____
73. All industrial facilities shall submit an Industrial Wastewater Discharge Permit Application to the Public Works Department, Environmental Control. (FMC 23-218)
74. All commercial facilities conducting activities listed below shall submit an Industrial Wastewater Discharge Permit application to the Public Works Department, Environmental Control. (FMC 23-218)
75. Any facility maintained for the servicing, washing, cleaning or repair of vehicles, construction equipment, industrial transportation or power equipment. (FMC 23- 218)
76. All restaurants or other food processing facilities. (FMC 23-218)
77. All facilities maintained for the processing, filtering, softening or conditioning of water. (FMC 23-218)
78. Any facility which has a projected wastewater discharge that exceeds 25,000 gallons of water per day, or which may be categorized as a Federal Categorical discharger, or which is requesting a permit to discharge to the Inland Empire Utilities Agency (IEUA) Non-Reclaimable Wastewater Line (NRW) shall submit a Uniform Industrial Wastewater Survey and Permit Application to IEUA and the Public Works Department, Environmental Control. (FMC 23-216)
Prior to the Issuance of Construction Permits:
79. Any facility proposing the discharge of non-domestic wastewater to the sanitary sewer shall demonstrate in the plan check process, through the submittal of detailed plans showing pretreatment facilities and operating procedures, that the user will pretreat wastewater to a level required to comply with FMC 23-136 - Concentration Limitations and/or FMC 23-138 – Applicability of Federal Categorical Pretreatment Standards, and/or any other applicable standard as established. (FMC 23-186)
80. All commercial or industrial facilities within the following categories must install a gravity separation interceptor to comply with the requirements of the Fontana Municipal Code (FMC Section 23-190) unless the requirement is modified by a variance issued by the Public Works Manager.
81. Any facility maintained for the washing and/or cleaning of vehicles, construction equipment, industrial transportation or power equipment. The facility is required to have a designated covered area with all service bay doors protected by floor/trench drains connected to sand/oil separator to prevent the washout and/or discharge of liquids. (FMC 23-161)
82. Any facility maintained for the servicing of vehicles, construction equipment, industrial transportation or power equipment and has installed trench or floor drains in service bays is required to connect to a sand/oil separator. (FMC 23-161) 2557
Resolution No. 2023-_____
83. All restaurants or other food processing facilities (FMC 23-163). Conditional waivers for the grease interceptor requirement may be granted by the Public Works Manager in accordance with section 23-52 for those restaurants or food processing facilities determined not to have adverse effects on the Publicly Owned Treatment Works (POTW).
Storm Water
Upon Certificate of Occupancy or Permit Approval and during Occupancy:
84. All Commercial, Industrial, Institutional, and/or other facilities deemed to have the potential to discharge pollutants to the storm drain system shall implement source control and pollution prevention practices to prevent unauthorized, non-storm water discharges, at all times.
85. Vehicle, equipment and/or exterior washing activities are prohibited unless a wastewater recovery system is in place. All wastewater shall be recovered, stored and disposed of by proper and legal means through a waste disposal facility.
Contractors hired for washing activities shall maintain a current City of Fontana Business License Tax Certificate to operate as a mobile washing business.
86. Facilities that conduct regular and routine washing and/or cleaning of vehicles, construction equipment, industrial transportation or power equipment are required to have a designated wash rack area. (See Pretreatment Conditions above).
Prior to Business License and C of O approval:
87. 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.
88. 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:
89. 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.
2558
Resolution No. 2023-_____
90. 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.
91. 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.
92. 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.
93. 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.
94. 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: 4,000 GPM for a two (2) hour duration at 20 psi residual operating pressure. Fire Flow is based on: BLDG1: 151,618; BLDG2:
196,336; BLDG 3: 192,895 Square Foot structure.
95. Hydrant Marking. Blue reflective pavement markers indicating fire hydrant locations shall be installed as specified by the Fire Department. SBCoFD Standard W-2.
96. 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. 2559
Resolution No. 2023-_____
97. 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.
98. 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.
99. 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. 100. 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.
101. 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.
102. 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 B1 103. 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
104. Security Gates. In commercial, industrial and multi-family complexes, all swing gates shall have an approved fire department Knox Lock. Where an automatic 2560
Resolution No. 2023-_____
electric security gate is used, an approved Fire Department override switch is required. California Fire Code Chapter 5 & SBCoFD Standard A-3 105. 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. 106. 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 division. California Fire Code Chapter 32 & SBCoFD Standard S-1.
107. Secondary Access. The development shall have a minimum of two (2) points of vehicular access during each phase of construction for fire and emergency access purposes and for evacuation routes. SBCoFD Standard A-1
END OF CONDITIONS
2561
Resolution No. 2023-_____
EXHIBIT “D”
CITY OF FONTANA
CONDITIONS OF APPROVAL
PROJECT: Master Case No. (MCN) 22-053 July 25, 2023
Tentative Parcel Map No. 20708 (TPM No. 22-030)
Building No. 2
LOCATION: The project site is located north of Santa Ana Avenue, between Citrus Avenue and Oleander Avenue, and at the northeast corner of the Santa Ana Avenue and Oleander Avenue intersection, (APNs) 0255-011-13, -14, -15, -18, -19, -25, -26, -27, -28, -29, -30, -31, and -32, and 0255-021-17, -18, - 22, -23, and -24.
PLANNING DEPARTMENT:
108. 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 requirements of the Fontana City’s Municipal Code shall be complied with.
B. All Conditions of Approval imposed on this project have been fulfilled. 109. 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 2562
Resolution No. 2023-_____
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.
110. Tentative Parcel Map No. 20708 (TPM No. 22-030) shall comply with all applicable development standards of, Chapter 26 (Subdivisions), Southwest Industrial Park Specific Plan, Chapter 30 (Zoning and Development), and the Subdivision Map Act. 111. 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.
112. 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.
113. 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. 114. Tentative Parcel Map No. 20708 (TPM No. 22-030) 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. 2563
Resolution No. 2023-_____
115. 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.
116. 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.
117. The applicant shall meet all guidelines identified in the Industrial Commerce Sustainability Ordinance (Ordinance No. 1891).
ENGINEERING DEPARTMENT:
PRIOR TO MAP RECORDATION:
118. The Applicant shall provide a Land Improvement Agreement, with accompanying security. The agreement shall be executed on City-provided forms.
BUILDING & SAFETY DIVISION:
119. The Parcel Map shall record prior to the issuance of any permits.
END OF CONDITIONS
2564
Resolution No. 2023-_____
EXHIBIT “E”
CITY OF FONTANA
CONDITIONS OF APPROVAL
PROJECT: Master Case No. (MCN) 22-053 DATE: July 25, 2023 Design Review (DRP) No. 22-061
Building No. 2
LOCATION: The project site is located north of Santa Ana Avenue, between Citrus Avenue and Oleander Avenue, and at the northeast corner of the Santa Ana Avenue and Oleander Avenue intersection, (APNs) 0255-011-13, -14, -15, -18, -19, -25, -26, -27, -28, -29, -30, -31, and -32, and 0255-021-17, -18, - 22, -23, and -24.
PLANNING DEPARTMENT:
120. 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. 121. 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.
2565
Resolution No. 2023-_____
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. 122. This project shall comply with all applicable provisions, regulations and development standards of the Southwest Industrial Park Specific Plan and the Fontana Zoning and Development Code.
123. The applicant shall meet all guidelines identified in the Industrial Commerce Sustainability Ordinance (Ordinance No. 1891).
124. 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.
125. Historic Archaeological Resources
A. 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.
B. Preservation in place shall be the preferred manner of treatment. If 2566
Resolution No. 2023-_____
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.
C. 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.
126. The construction contractor shall use the following source controls at all times:
A. 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.
B. 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.
C. Have only necessary equipment onsite.
D. 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:
A. Install portable noise barriers, including solid structures and noise blankets, between the active noise sources and the nearest noise receivers.
B. Temporarily enclose localized and stationary noise sources.
C. Store and maintain equipment, building materials, and waste materials as far as practical from as many sensitive receivers as practical. 127. 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. 2567
Resolution No. 2023-_____
128. 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. 129. The current development fees must be paid prior to issuance of building/construction permits.
130. In the event that one or more of the Conditions of Approval for this project needs to be amended and/or deleted due to health, safety or welfare concerns, the City Manager is authorized to approve or conditionally approve such amendment/deletion, provided that City Manager shall bring such proposed amendment/deletion to the City Council at the next available meeting for City Council ratification, but in no event later than sixty (60) days following the City Manager’s decision. The noticing of such City Council meeting for possible ratification shall be pursuant to Sections No. 30-30 and Sections No. 30-31 of the Municipal Code. 131. 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.
132. 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.
133. 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. 134. Sidewalks shall be provided for all new developments in accordance with the city’s circulation element of the General Plan.
135. Two (2) bicycle parking racks or secured bicycle lockers shall be provided for all nonresidential developments.
136. 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.
137. All signs shall be reviewed under a separate Design Review Sign application. 138. 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.
2568
Resolution No. 2023-_____
139. All landscaping shall be healthy and maintained in a reasonable manner as determined by the Director of Planning or his/her designee. 140. The transformer shall be screened by a solid screen wall and mature, dense landscaping, and not visible from the public right-of-way. 141. 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.
142. There shall be no refrigerated uses on site; unless, a future tenant follows any applicable studies/memorandums to amend this Condition of Approval. 143. Development fees and Planning Department final inspection fee must be paid prior to Certificate of Occupancy.
144. Applicant shall pay all applicable service fees pursuant to the City of Fontana Municipal Code.
145. 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.
146. 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. 147. 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.
148. Incorporate an anti-graffiti coating onto the exterior of all proposed block walls to discourage graffiti.
149. Incorporate hostile landscape into the interior, perimeter landscape setback areas to discourage subjects from accessing the site.
150. Adhere to the Standard Building Security Specifications of the Fontana Police Department.
Prior To Issuance of Grading Permit
151. 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. 2569
Resolution No. 2023-_____
ENGINEERING LAND DEVELOPMENT:
152. 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.
153. 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. 154. The Applicant shall maintain all improvements and utilities within the public right-ofway, including street sweeping, prior to issuance of final certificate of occupancy by the City.
PRIOR TO ISSUANCE OF GRADING PERMIT
155. The Applicant shall submit and gain approval of a complete WQMP Report in accordance with the County of San Bernardino Technical Guidance Document and latest template.
156. 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
157. The 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
158. The Applicant shall record parcel map as required for the development. 159. The Applicant shall submit engineered improvement plans and obtain full approval.
All required public improvements, including but not limited to streets, storm drainage systems, sewers, traffic signals, streetlights, striping, signs, landscape, and any required traffic control and/or detour plans. All plans shall conform to City Standards and Specifications, and as approved by the City Engineer. 160. The Applicant shall implement the recommendations presented in the project’s Traffic Impact Analysis prepared by Urban Crossroads dated May 11, 2023.
Recommendations include but are not limited to restriping public roads. A signing and striping plan shall be submitted to the Engineering Department for review and approval by the City Engineer.
PRIOR TO ISSUANCE OF FINAL CERTIFICATE OF OCCUPANCY
161. The Applicant/Design Engineer to provide the City of Fontana with As-Built/Record Drawings for all public improvement plans.
162. 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. 2570
Resolution No. 2023-_____
163. The Applicant/Engineer shall set survey monuments as required by the map and corner records must be recorded with the County.
164. 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).
165. 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. 166. 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.
167. 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 BMP Transfer. The Access, Maintenance, and the WQMP Certification for BMP Completion must be submitted to the City Project Engineer.
BUILDING & SAFETY:
168. The applicant shall design the project to show compliance with the latest adopted edition of the following codes as applicable:
I. California Building Code
J. California Residential Code
K. California Electrical Code
L. California Mechanical Code
M. California Plumbing Code
N. California Energy Code
O. California Fire Code
P. California Green Building Standards Code
169. 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.
170. 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. 2571
Resolution No. 2023-_____
171. 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.
172. 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.
173. The applicant shall have the parcel map recorded prior to the issuance of any building permits.
174. The applicant shall comply with the following grading requirements:
A. Grading plans shall be submitted to and approved by Building & Safety.
The grading plans shall indicate all site improvements and shall indicate complete drainage paths of all drainage water run-offs.
B. All drainage water shall drain via approved methods to an approved location, such as a public street, a public drainage system, etc.
C. Drainage water shall not cross over a public sidewalk. Drainage water may, however, cross under a sidewalk if an approved drainage structure is used.
D. A recorded drainage acceptance agreement is required from adjoining property(s) receiving flows from this property.
E. No water course or natural drainage shall be obstructed.
F. Minimum slope or grade for ALL 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 complete hydraulic calculations justifying the size, slope, capacity, etc. of any and all drainage structures being utilized, shall be submitted to and approved by Building & Safety.
The on-site drainage system shall, as a minimum, be designed to handle the run-off generated by a ten (10) year storm. Check for flooding of all on-site structures (buildings) and all adjacent 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:
2572
Resolution No. 2023-_____
5. 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
6. The ground cover/finished surface material being proposed (e.g., type of pavement, plant material, etc.); and
7. All proposed drainage structures; and
8. Any proposed and/or required walls or fencing.
175. The applicant is required to obtain permits for the removal and/or demolition of structures.
176. 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
177. 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:
F. Precise grading plans shall be approved
G. Rough grading completed
H. Compaction certification
I. Pad elevation certification
J. Rough grade inspection signed off by a City Building Inspector 178. 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) inter-mixing in the event of an accident or spill.
179. The applicant shall combine the existing parcels into one parcel, 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.
ENVIRONMENTAL CONTROL:
Prior to Certificate of Occupancy or Permit Approval
2573
Resolution No. 2023-_____
180. All industrial facilities shall submit an Industrial Wastewater Discharge Permit Application to the Public Works Department, Environmental Control. (FMC 23-218) 181. All commercial facilities conducting activities listed below shall submit an Industrial Wastewater Discharge Permit application to the Public Works Department, Environmental Control. (FMC 23-218)
182. Any facility maintained for the servicing, washing, cleaning or repair of vehicles, construction equipment, industrial transportation or power equipment. (FMC 23- 218)
183. All restaurants or other food processing facilities. (FMC 23-218) 184. All facilities maintained for the processing, filtering, softening or conditioning of water. (FMC 23-218)
185. Any facility which has a projected wastewater discharge that exceeds 25,000 gallons of water per day, or which may be categorized as a Federal Categorical discharger, or which is requesting a permit to discharge to the Inland Empire Utilities Agency (IEUA) Non-Reclaimable Wastewater Line (NRW) shall submit a Uniform Industrial Wastewater Survey and Permit Application to IEUA and the Public Works Department, Environmental Control. (FMC 23-216)
Prior to the Issuance of Construction Permits:
186. Any facility proposing the discharge of non-domestic wastewater to the sanitary sewer shall demonstrate in the plan check process, through the submittal of detailed plans showing pretreatment facilities and operating procedures, that the user will pretreat wastewater to a level required to comply with FMC 23-136 - Concentration Limitations and/or FMC 23-138 – Applicability of Federal Categorical Pretreatment Standards, and/or any other applicable standard as established. (FMC 23-186) 187. All commercial or industrial facilities within the following categories must install a gravity separation interceptor to comply with the requirements of the Fontana Municipal Code (FMC Section 23-190) unless the requirement is modified by a variance issued by the Public Works Manager.
188. Any facility maintained for the washing and/or cleaning of vehicles, construction equipment, industrial transportation or power equipment. The facility is required to have a designated covered area with all service bay doors protected by floor/trench drains connected to sand/oil separator to prevent the washout and/or discharge of liquids. (FMC 23-161)
189. Any facility maintained for the servicing of vehicles, construction equipment, industrial transportation or power equipment and has installed trench or floor drains in service bays is required to connect to a sand/oil separator. (FMC 23-161) 2574
Resolution No. 2023-_____
190. All restaurants or other food processing facilities (FMC 23-163). Conditional waivers for the grease interceptor requirement may be granted by the Public Works Manager in accordance with section 23-52 for those restaurants or food processing facilities determined not to have adverse effects on the Publicly Owned Treatment Works (POTW).
Storm Water
Upon Certificate of Occupancy or Permit Approval and during Occupancy:
191. All Commercial, Industrial, Institutional, and/or other facilities deemed to have the potential to discharge pollutants to the storm drain system shall implement source control and pollution prevention practices to prevent unauthorized, non-storm water discharges, at all times.
192. Vehicle, equipment and/or exterior washing activities are prohibited unless a wastewater recovery system is in place. All wastewater shall be recovered, stored and disposed of by proper and legal means through a waste disposal facility.
Contractors hired for washing activities shall maintain a current City of Fontana Business License Tax Certificate to operate as a mobile washing business. 193. Facilities that conduct regular and routine washing and/or cleaning of vehicles, construction equipment, industrial transportation or power equipment are required to have a designated wash rack area. (See Pretreatment Conditions above).
Prior to Business License and C of O approval:
194. 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.
195. 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:
196. 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.
2575
Resolution No. 2023-_____
197. 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.
198. 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. 199. 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. 200. 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.
201. 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: 4,000 GPM for a two (2) hour duration at 20 psi residual operating pressure. Fire Flow is based on: BLDG1: 151,618; BLDG2:
196,336; BLDG 3: 192,895 Square Foot structure.
202. Hydrant Marking. Blue reflective pavement markers indicating fire hydrant locations shall be installed as specified by the Fire Department. SBCoFD Standard W-2.
203. 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. 2576
Resolution No. 2023-_____
204. 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. 205. 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.
206. 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. 207. 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.
208. 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.
209. 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 B1 210. 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
211. Security Gates. In commercial, industrial and multi-family complexes, all swing gates shall have an approved fire department Knox Lock. Where an automatic 2577
Resolution No. 2023-_____
electric security gate is used, an approved Fire Department override switch is required. California Fire Code Chapter 5 & SBCoFD Standard A-3 212. 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. 213. 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 division. California Fire Code Chapter 32 & SBCoFD Standard S-1.
214. Secondary Access. The development shall have a minimum of two (2) points of vehicular access during each phase of construction for fire and emergency access purposes and for evacuation routes. SBCoFD Standard A-1
END OF CONDITIONS
2578
Resolution No. 2023-_____
EXHIBIT “F”
CITY OF FONTANA
CONDITIONS OF APPROVAL
PROJECT: Master Case No. (MCN) 22-053 July 25, 2023
Tentative Parcel Map No. 20707 (TPM No. 22-031)
Building No. 3
LOCATION: The project site is located north of Santa Ana Avenue, between Citrus Avenue and Oleander Avenue, and at the northeast corner of the Santa Ana Avenue and Oleander Avenue intersection, (APNs) 0255-011-13, -14, -15, -18, -19, -25, -26, -27, -28, -29, -30, -31, and -32, and 0255-021-17, -18, - 22, -23, and -24.
PLANNING DEPARTMENT:
215. 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 requirements of the Fontana City’s Municipal Code shall be complied with.
B. All Conditions of Approval imposed on this project have been fulfilled. 216. 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 2579
Resolution No. 2023-_____
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.
217. Tentative Parcel Map No. 20707 (TPM No. 22-031) shall comply with all applicable development standards of, Chapter 26 (Subdivisions), Southwest Industrial Park Specific Plan, Chapter 30 (Zoning and Development), and the Subdivision Map Act. 218. 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.
219. 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.
220. 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. 221. Tentative Parcel Map No. 20707 (TPM No. 22-031) 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. 2580
Resolution No. 2023-_____
222. 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.
223. 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.
224. The applicant shall meet all guidelines identified in the Industrial Commerce Sustainability Ordinance (Ordinance No. 1891).
ENGINEERING DEPARTMENT:
PRIOR TO MAP RECORDATION:
225. The Applicant shall provide a Land Improvement Agreement, with accompanying security. The agreement shall be executed on City-provided forms.
BUILDING & SAFETY DIVISION:
226. The Parcel Map shall record prior to the issuance of any permits.
END OF CONDITIONS
2581
Resolution No. 2023-_____
EXHIBIT “G”
CITY OF FONTANA
CONDITIONS OF APPROVAL
PROJECT: Master Case No. (MCN) 22-053 DATE: July 25, 2023 Design Review (DRP) No. 22-062
Building No. 3
LOCATION: The project site is located north of Santa Ana Avenue, between Citrus Avenue and Oleander Avenue, and at the northeast corner of the Santa Ana Avenue and Oleander Avenue intersection, (APNs) 0255-011-13, -14, -15, -18, -19, -25, -26, -27, -28, -29, -30, -31, and -32, and 0255-021-17, -18, - 22, -23, and -24.
PLANNING DEPARTMENT:
227. 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. 228. 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.
2582
Resolution No. 2023-_____
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. 229. This project shall comply with all applicable provisions, regulations and development standards of the Southwest Industrial Park Specific Plan and Fontana Zoning and Development Code.
230. The applicant shall meet all guidelines identified in the Industrial Commerce Sustainability Ordinance (Ordinance No. 1891).
231. 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.
232. Historic Archaeological Resources
A. 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.
B. Preservation in place shall be the preferred manner of treatment. If preservation in place is not feasible, treatment may include implementation 2583
Resolution No. 2023-_____
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.
C. 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. 233. The construction contractor shall use the following source controls at all times:
A. 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.
B. 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.
C. Have only necessary equipment onsite.
D. 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:
E. Install portable noise barriers, including solid structures and noise blankets, between the active noise sources and the nearest noise receivers.
F. Temporarily enclose localized and stationary noise sources.
G. Store and maintain equipment, building materials, and waste materials as far as practical from as many sensitive receivers as practical. 234. 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. 2584
Resolution No. 2023-_____
235. 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. 236. The current development fees must be paid prior to issuance of building/construction permits.
237. In the event that one or more of the Conditions of Approval for this project needs to be amended and/or deleted due to health, safety or welfare concerns, the City Manager is authorized to approve or conditionally approve such amendment/deletion, provided that City Manager shall bring such proposed amendment/deletion to the City Council at the next available meeting for City Council ratification, but in no event later than sixty (60) days following the City Manager’s decision. The noticing of such City Council meeting for possible ratification shall be pursuant to Sections No. 30-30 and Sections No. 30-31 of the Municipal Code. 238. 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.
239. 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.
240. 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. 241. Sidewalks shall be provided for all new developments in accordance with the city’s circulation element of the General Plan.
242. Two (2) bicycle parking racks or secured bicycle lockers shall be provided for all nonresidential developments.
243. 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.
244. All signs shall be reviewed under a separate Design Review Sign application. 245. 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.
2585
Resolution No. 2023-_____
246. All landscaping shall be healthy and maintained in a reasonable manner as determined by the Director of Planning or his/her designee. 247. The transformer shall be screened by a solid screen wall and mature, dense landscaping, and not visible from the public right-of-way. 248. 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.
249. There shall be no refrigerated uses on site; unless, a future tenant follows any applicable studies/memorandums to amend this Condition of Approval. 250. Development fees and Planning Department final inspection fee must be paid prior to Certificate of Occupancy.
251. Applicant shall pay all applicable service fees pursuant to the City of Fontana Municipal Code.
252. 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.
253. 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. 254. 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.
255. Incorporate an anti-graffiti coating onto the exterior of all proposed block walls to discourage graffiti.
256. Incorporate hostile landscape into the interior, perimeter landscape setback areas to discourage subjects from accessing the site.
257. Adhere to the Standard Building Security Specifications of the Fontana Police Department.
Prior To Issuance of Grading Permit
258. 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. 2586
Resolution No. 2023-_____
ENGINEERING LAND DEVELOPMENT:
259. 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.
260. 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. 261. The Applicant shall maintain all improvements and utilities within the public right-ofway, including street sweeping, prior to issuance of final certificate of occupancy by the City.
PRIOR TO ISSUANCE OF GRADING PERMIT
262. Applicant shall submit and gain approval of a complete WQMP Report in accordance with the County of San Bernardino Technical Guidance Document and latest template.
263. 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
264. The 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
265. The Applicant shall record a parcel map as required for the development. 266. The Applicant shall submit engineered improvement plans and obtain full approval.
All required public improvements, including but not limited to streets, storm drainage systems, sewers, traffic signals, streetlights, striping, signs, landscape, and any required traffic control and/or detour plans. All plans shall conform to City Standards and Specifications, and as approved by the City Engineer. 267. The Applicant shall implement the recommendations presented in the project’s Traffic Impact Analysis prepared by Urban Crossroads dated May 11, 2023.
Recommendations include but are not limited to restriping public roads. A signing and striping plan shall be submitted to the Engineering Department for review and approval by the City Engineer.
PRIOR TO ISSUANCE OF FINAL CERTIFICATE OF OCCUPANCY
268. The Applicant/Design Engineer to provide the City of Fontana with As-Built/Record Drawings for all public improvement plans.
269. 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. 2587
Resolution No. 2023-_____
270. The Applicant/Engineer shall set survey monuments as required by the map and corner records must be recorded with the County.
271. 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).
272. 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. 273. 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.
274. 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 BMP Transfer. The Access, Maintenance, and the WQMP Certification for BMP Completion must be submitted to the City Project Engineer.
BUILDING & SAFETY:
275. The applicant shall design the project to show compliance with the latest adopted edition of the following codes as applicable:
Q. California Building Code
R. California Residential Code
S. California Electrical Code
T. California Mechanical Code
U. California Plumbing Code
V. California Energy Code
W. California Fire Code
X. California Green Building Standards Code
276. 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.
277. 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. 2588
Resolution No. 2023-_____
278. 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.
279. 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.
280. The applicant shall have the parcel map recorded prior to the issuance of any building permits.
281. The applicant shall comply with the following grading requirements:
A. Grading plans shall be submitted to and approved by Building & Safety.
The grading plans shall indicate all site improvements and shall indicate complete drainage paths of all drainage water run-offs.
B. All drainage water shall drain via approved methods to an approved location, such as a public street, a public drainage system, etc.
C. Drainage water shall not cross over a public sidewalk. Drainage water may, however, cross under a sidewalk if an approved drainage structure is used.
D. A recorded drainage acceptance agreement is required from adjoining property(s) receiving flows from this property.
E. No water course or natural drainage shall be obstructed.
F. Minimum slope or grade for ALL 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 complete hydraulic calculations justifying the size, slope, capacity, etc. of any and all drainage structures being utilized, shall be submitted to and approved by Building & Safety.
The on-site drainage system shall, as a minimum, be designed to handle the run-off generated by a ten (10) year storm. Check for flooding of all on-site structures (buildings) and all adjacent 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:
2589
Resolution No. 2023-_____
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.
282. The applicant is required to obtain permits for the removal and/or demolition of structures.
283. 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
284. 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:
K. Precise grading plans shall be approved
L. Rough grading completed
M. Compaction certification
N. Pad elevation certification
O. Rough grade inspection signed off by a City Building Inspector 285. 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) inter-mixing in the event of an accident or spill.
286. The applicant shall combine the existing parcels into one parcel, 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.
ENVIRONMENTAL CONTROL:
Prior to Certificate of Occupancy or Permit Approval
2590
Resolution No. 2023-_____
287. All industrial facilities shall submit an Industrial Wastewater Discharge Permit Application to the Public Works Department, Environmental Control. (FMC 23-218) 288. All commercial facilities conducting activities listed below shall submit an Industrial Wastewater Discharge Permit application to the Public Works Department, Environmental Control. (FMC 23-218)
289. Any facility maintained for the servicing, washing, cleaning or repair of vehicles, construction equipment, industrial transportation or power equipment. (FMC 23- 218)
290. All restaurants or other food processing facilities. (FMC 23-218) 291. All facilities maintained for the processing, filtering, softening or conditioning of water. (FMC 23-218)
292. Any facility which has a projected wastewater discharge that exceeds 25,000 gallons of water per day, or which may be categorized as a Federal Categorical discharger, or which is requesting a permit to discharge to the Inland Empire Utilities Agency (IEUA) Non-Reclaimable Wastewater Line (NRW) shall submit a Uniform Industrial Wastewater Survey and Permit Application to IEUA and the Public Works Department, Environmental Control. (FMC 23-216)
Prior to the Issuance of Construction Permits:
293. Any facility proposing the discharge of non-domestic wastewater to the sanitary sewer shall demonstrate in the plan check process, through the submittal of detailed plans showing pretreatment facilities and operating procedures, that the user will pretreat wastewater to a level required to comply with FMC 23-136 - Concentration Limitations and/or FMC 23-138 – Applicability of Federal Categorical Pretreatment Standards, and/or any other applicable standard as established. (FMC 23-186) 294. All commercial or industrial facilities within the following categories must install a gravity separation interceptor to comply with the requirements of the Fontana Municipal Code (FMC Section 23-190) unless the requirement is modified by a variance issued by the Public Works Manager.
295. Any facility maintained for the washing and/or cleaning of vehicles, construction equipment, industrial transportation or power equipment. The facility is required to have a designated covered area with all service bay doors protected by floor/trench drains connected to sand/oil separator to prevent the washout and/or discharge of liquids. (FMC 23-161)
296. Any facility maintained for the servicing of vehicles, construction equipment, industrial transportation or power equipment and has installed trench or floor drains in service bays is required to connect to a sand/oil separator. (FMC 23-161) 2591
Resolution No. 2023-_____
297. All restaurants or other food processing facilities (FMC 23-163). Conditional waivers for the grease interceptor requirement may be granted by the Public Works Manager in accordance with section 23-52 for those restaurants or food processing facilities determined not to have adverse effects on the Publicly Owned Treatment Works (POTW).
Storm Water
Upon Certificate of Occupancy or Permit Approval and during Occupancy:
298. All Commercial, Industrial, Institutional, and/or other facilities deemed to have the potential to discharge pollutants to the storm drain system shall implement source control and pollution prevention practices to prevent unauthorized, non-storm water discharges, at all times.
299. Vehicle, equipment and/or exterior washing activities are prohibited unless a wastewater recovery system is in place. All wastewater shall be recovered, stored and disposed of by proper and legal means through a waste disposal facility.
Contractors hired for washing activities shall maintain a current City of Fontana Business License Tax Certificate to operate as a mobile washing business. 300. Facilities that conduct regular and routine washing and/or cleaning of vehicles, construction equipment, industrial transportation or power equipment are required to have a designated wash rack area. (See Pretreatment Conditions above).
Prior to Business License and C of O approval:
301. 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.
302. 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:
303. 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.
2592
Resolution No. 2023-_____
304. 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.
305. 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. 306. 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. 307. 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.
308. 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: 4,000 GPM for a two (2) hour duration at 20 psi residual operating pressure. Fire Flow is based on: BLDG1: 151,618; BLDG2:
196,336; BLDG 3: 192,895 Square Foot structure.
309. Hydrant Marking. Blue reflective pavement markers indicating fire hydrant locations shall be installed as specified by the Fire Department. SBCoFD Standard W-2.
310. 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. 2593
Resolution No. 2023-_____
311. 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. 312. 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.
313. 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. 314. 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.
315. 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.
316. 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 B1 317. 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
318. Security Gates. In commercial, industrial and multi-family complexes, all swing gates shall have an approved fire department Knox Lock. Where an automatic 2594
Resolution No. 2023-_____
electric security gate is used, an approved Fire Department override switch is required. California Fire Code Chapter 5 & SBCoFD Standard A-3 319. 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. 320. 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 division. California Fire Code Chapter 32 & SBCoFD Standard S-1.
321. Secondary Access. The development shall have a minimum of two (2) points of vehicular access during each phase of construction for fire and emergency access purposes and for evacuation routes. SBCoFD Standard A-1
END OF CONDITIONS
2595
ATTACHMENT NO. 17
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FONTANA,
APPROVING, PURSUANT TO THE CERTIFIED ENVIRONMENTAL IMPACT
REPORT FOR THE CITRUS/OLEANDER INDUSTRIAL COMMERCE CENTER (STATE CLEARINGHOUSE NO. 2022110389), ZONING DISTRICT MAP AMENDMENT (ZONE CHANGE) NO. 22-005 CHANGING THE ZONING
DESIGNATION for (APNs 0255-011-13, -14, -15, -18, -19, -25, -26, -27, -28, -29, -30, -31, and -32, and 0255-021-17, -18, -22, -23, and -24, INCLUDING A FIVEACRE PARCEL WHERE NO DEVELOPMENT IS CURRENTLY PROPOSED,
FROM RESIDENTIAL PLANNED COMMUNITY (R-PC) AND MULTI-FAMILY MEDIUM/HIGH DENSITY RESIDENTIAL (R-4) TO SOUTHWEST INDUSTRIAL
PARK (SWIP) SPECIFIC PLAN, SLOVER EAST INDUSTRIAL DISTRICT FOR APPROXIMATELY 29.4 ACRES LOCATED WEST OF CITRUS AVENUE, EAST AND WEST OF OLEANDER AVENUE AND NORTH OF SANTA ANA AVENUE.
WHEREAS, on May 18, 2023, applicant, Acacia Real Estate Group Inc., submitted a request for General Plan Amendment No. 22-004 to change the land use designation from Residential Planned Community (R-PC) and Multiple-Family Medium/High Density Residential (R-4) to Southwest Industrial Park (SWIP) Specific Plan, Slover East Industrial District on approximately 29.4 adjusted gross acres of 18 parcels (APNs 0255-011-13, -14, -15, -18, -19, -25, -26, -27, -28, -29, -30, -31, and - 32, and 0255- 021-17, -18, -22, -23, and -24, including a five-acre parcel that excludes development) (see attached Exhibit “A”); Specific Plan Amendment 20-002 to amend the Southwest Industrial Park (SWIP) Specific Plan Land Use Plan to expand the SWIP boundary to include the entire 29.4 acres and designate the property with Slover East industrial District (SED) land use designation; Zoning District Map Amendment No. 22-005 to rezone the parcels from Residential Planned Community (R-PC) and Multiple-Family Medium/High Density Residential (R4) to Southwest Industrial Park (SWIP) Specific Plan, Slover East Industrial District; Tentative Parcel Map No. 20709 (TPM No. 22- 009) (Building No. 1), Tentative Parcel Map No. 20708 (TPM No. 22-030) (Building No. 2), and Tentative Parcel Map No. 20707 (TPM No. 22-031) (Building No. 3) to process three parcel maps to consolidate six (6) parcels into one parcel for the development of project sites for Building No. 1 and Building No. 2, and the consolidation of five (5) parcels into one for the development of the project site for Building No. 3; and approving Design Review No. 22-029 (Building No. 1), Design Review No. 22-061 (Building No. 2), and Design Review No. 22-062 (Building No. 3) for the site and architecture review for three buildings totaling approximately 540,849 square feet with associated landscaping and parking (Project); and Development Agreement No. 23- 005 to include a review of the development agreement for a public benefit fee of $2,298,608.25; and,
WHEREAS, the applicant is proposing to amend the boundaries of the SWIP specific plan boundaries and zoning classifications to allow for the development of the industrial commerce buildings; and
2596
Ordinance No. 2023 - ___
WHEREAS, the subject site includes 18 parcels that were annexed from San Bernardino County into the City of Fontana on May 13, 1966 and September 19, 2006; and,
WHEREAS, the subject property is 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 City’s Regional House Needs Assessment (RHNA) allocation; 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.” Pursuant to FMC section 30-967, the Unit Bank cannot exceed 2,200 units. The Unit Bank is currently 1,280 units. These 507 units will be added to the Unit Bank increasing the number of units in the Unit Bank to 507 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 serve basis, density bonuses of up to 20% on other parcels until these 1787 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 June 20, 2023, the Planning Commission received public testimony and evidence presented by the applicant, City staff, and other interested parties at a public hearing held on Citrus/Oleander Industrial Commerce Center EIR (State Clearinghouse No. 2022110389), General Plan Amendment No. 22-004, Zoning District Map Amendment No. 22-005, Development Agreement No. 23-005, Tentative Parcel Map No. 20709 (TPM No. 22-009) (Building No. 1), Tentative Parcel Map No. 20708 (TPM No. 22-030) (Building No. 2), and Tentative Parcel Map No. 20707 (TPM No. 22-031) (Building No. 3), and Design Review No. 22-029 (Building No. 1), Design Review No. 22-061 (Building No. 2), and Design Review No. 22-062 (Building No. 3), and after carefully considering all information pertaining to the project, including the staff report, findings, and all information, evidence, and testimony presented, the Planning Commission recommended approval of the Project to the City Council; and WHEREAS, on July 25, 2023, the City Council held a duly noticed public hearing on Citrus/Oleander Industrial Commerce Center EIR (State Clearinghouse No. 2022110389), General Plan Amendment No. 22-004, Zoning District Map (Zone Change) Amendment No. 22-005, Development Agreement No. 23-005, Tentative Parcel Map No. 20709 (TPM No. 22-009) (Building No. 1), Tentative Parcel Map No. 20708 (TPM No. 22-030) (Building No. 2), and Tentative Parcel Map No. 20707 (TPM No. 22-031) (Building No. 3), and Design Review No. 22-029 (Building No. 1), Design Review No. 22-061 (Building No. 2), and Design Review No. 22-062 (Building No. 3), 2597
Ordinance No. 2023 - ___
received testimony and the supporting documents in evidence, and found that the Zoning District Map Amendment is in conformance with the goals and policies of the General Plan to provide a community that is balanced between residential, commercial, and industrial that is developed to high standards and provides diverse economic and social opportunities for our citizens and those who wish to invest here; and
WHEREAS, Zoning District Map Amendment (Zone Change) Amendment No. 22-005 is consistent with the goals and policies of the City of Fontana, General Plan Goal 7 of Chapter 15, “support high-quality development in design standards and land use decisions.”
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The recitals are true and correct and incorporated herein by this reference.
SECTION 2. CEQA. The City Council hereby finds that it has been presented with the EIR, which it has reviewed and considered, and further finds that the EIR is an accurate and objective statement that has been completed in full compliance with CEQA and the State CEQA Guidelines. The City Council finds that the EIR reflects the independent judgment and analysis of the City. The City Council declares that no evidence of new significant impacts or any new information of “substantial importance” as defined by State CEQA Guidelines section 15088.5, has been received by the City after circulation of the Draft EIR that would require recirculation. Therefore, the City Council hereby certifies the EIR based on the entirety of the record of proceedings.
SECTION 3. Findings. Based on the entire record before the City Council and all written and oral evidence presented to the City Council, the City Council finds this Ordinance promotes the public health, safety and welfare of the community.
SECTION 4. Findings Pursuant to FMC Section 30-40. The City of Fontana City Council hereby makes the following findings for Zoning District Map Amendment (Zone Change) No. 22-005 in accordance with Section 30-40 “Purpose” of the Fontana Zoning and Development Code:
Finding: The Zoning and Development Code may be amended by changing the development standards (text) or zoning
designation map boundaries of any zone whenever such an amendment is deemed necessary to protect or promote the public's health, safety, or general welfare or when
modification is viewed as appropriate in the context of generally accepted planning principles, surrounding land uses, and the General Plan.
2598
Ordinance No. 2023 - ___
Findings of Fact: The applicant is proposing to change the zoning designation from Residential Planned Community (R-PC) and Multiple-Family Medium/High Density Residential (R-4) to Southwest Industrial Park (SWIP) Specific Plan, Slover East Industrial District. This would allow for the construction of three (3) industrial commerce center buildings totaling approximately 540,849 square feet. This development will assist with growing industrial commerce demand in the City of Fontana and the surrounding area. The proposed zone change will provide consistency with the zoning and development to the south and west of the subject site and will provide safe and attractive development.
SECTION 5. Approval. The City Council approves Zoning District Map Amendment (Zone Change) No. 22-005 to amend the zoning designation for APNs 0255-011-13, -14, -15, -18, -19, -25, -26, -27, -28, -29, -30, -31, and -32, and 0255- 021-17, -18, -22, -23, and -24, this includes a five-acre parcel that does not include development, from Residential Planned Community (R-PC) and Multiple-Family Medium/High Density Residential (R-4) to Southwest Industrial Park (SWIP) Specific Plan, Slover East Industrial District for approximately 29.4 acres as shown on Exhibit “A”, and attached hereto and by this reference incorporated as though fully set forth herein.
SECTION 6. Effective Date. This Ordinance shall take effect thirty (30) days after the date of the adoption and prior to the expiration of fifteen (15) days from the passage thereof, or after the adoption of the City Council Ordinance approving Development Agreement No. 23-005 and Ordinance approving Specific Plan Amendment No. 22-002 whichever occurs later, provided however, if the Ordinance approving the Development Agreement is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise does not go into effect for any reason, then this Ordinance shall be null and void and have no further force and effect.
SECTION 7. Publication. This Ordinance shall be published by the City Clerk at least once in the Herald News or other local newspaper of the general circulation, published and circulated in the City of Fontana, and henceforth and thereafter the same shall be in full force and effect.
SECTION 8. Custodian of Records. The documents and materials that constitute the record of proceedings on which this Ordinance is based are located at the City Clerk’s office located at 8353 Sierra Avenue, Fontana, CA 92335. The custodian or records is the City Clerk.
APPROVED AND ADOPTED this 25th day of July 2023.
2599
Ordinance No. 2023 - ___
READ AND APPROVED AS TO LEGAL FORM:
_________________________________________
City Attorney
I, Germaine Key, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing Ordinance is the actual Ordinance adopted by the City Council and was introduced at a regular meeting on the 25th day of July 2023, and was finally passed and adopted not less than five days thereafter on the 12th day of September 2023, by the following vote to wit:
AYES:
NOES:
ABSENT:
_________________________________________
City Clerk of the City of Fontana
_________________________________________
Mayor of the City of Fontana
ATTEST:
_________________________________________
City Clerk
2600
Ordinance No. 2023 - ___
“EXHIBIT A”
EXISTING AND PROPOSED ZONING MAP DESIGNATION -
RESIDENTIAL PLANNED COMMUNITY (R-PC) AND MULTIPLE-FAMILY MEDIUM/HIGH DENSITY RESIDENTIAL (R-4) TO SOUTHWEST INDUSTRIAL
PARK (SWIP) SPECIFIC PLAN, SLOVER EAST INDUSTRIAL DISTRICT 2601
ATTACHMENT NO. 18
ORDINANCE NO. _____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FONTANA APPROVING SPECIFIC PLAN AMENDMENT NO. 22-002,
AN AMENDMENT TO SOUTHWEST INDUSTRIAL PARK (SWIP)
SPECIFIC PLAN, AMEND THE SOUTHWEST INDUSTRIAL PARK
(SWIP) SPECIFIC PLAN LAND USE PLAN TO EXPAND THE SWIP
BOUNDARY TO INCLUDE THE ENTIRE 29.4 ACRES (NO
DEVELOPMENT IS CURRENTLY PROPOSED ON APN 0255-011-15 (5-
ACRE SITE)) PROJECT SITE LOCATED WEST OF CITRUS AVENUE,
EAST AND WEST OF OLEANDER AVENUE AND NORTH OF SANTA
ANA AVENUE.
WHEREAS, the applicant submitted a request for Specific Plan Amendment No. 22-002, to amend the Southwest Industrial Park (SWIP) Specific Plan Land Use Plan to expand the SWIP boundary to include the entire 29.4 acres (no development is currently on APN 0255-011-15 (5-acre site)) located west of Citrus Avenue, east and west of Oleander Avenue and north of Santa Ana Avenue. The Specific Plan Amendment will allow development of three industrial commerce center buildings totaling approximately 540,849 square feet and associated on-site and off-site improvements; and, WHEREAS, on June 20, 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 to Specific Plan Amendment No. 22- 002,General Plan Amendment (GPA) No. 22-004, Zoning District Map Amendment (Zone Change) No. 22¬005, and Development Agreement (DA) No. 23-005, Tentative Parcel Map No. 20709 (TPM No. 22¬009) (Building No. 1), Design Review (DRP) No. 22-029 (Building No. 1), Tentative Parcel Map No. 20708 (TPM No. 22-030) (Building No. 2), Design Review No. 22-061 (Building No. 2), Tentative Parcel Map No. (TPM No. 22-031) (Building No. 3), Design Review No. 22-062 (Building No. 3), and after carefully considering all information pertaining to the project, including the staff report, findings, and all of the information, evidence, and testimony presented at this public hearing, voted 5-0 to recommend approval to City Council by Resolution No. PC 2023-025; and, WHEREAS, on July 25, 2023, the City Council held a noticed public hearing on Specific Plan Amendment No. 22-002,General Plan Amendment (GPA) No. 22-004, Zoning District Map Amendment (Zone Change) No. 22005, and Development Agreement (DA) No. 23-005, Tentative Parcel Map No. 20709 (TPM No. 22009) (Building No. 1), Design Review (DRP) No. 22-029 (Building No. 1), Tentative Parcel Map No. 20708 (TPM No. 22- 030) (Building No. 2), Design Review No. 22-061 (Building No. 2), Tentative Parcel Map No. (TPM No. 22-031) (Building No. 3), Design Review No. 22-062 (Building No. 3), and received testimony from all parties, the staff report and attached supporting documents from the Planning Commission public hearing on June 20, 2023, 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 City Council found that the amendments and project are in conformance with the goals and policies of the General Plan to provide a community that is balanced between residential, commercial, and industrial uses, is developed with high standards, 2602
Ordinance No.___
and provides diverse economic and social opportunities for our citizens and those who wish to invest in the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The recitals are true and correct and incorporated herein by this reference.
SECTION 2. Findings. The City of Fontana City Council hereby makes the following findings for Specific Plan Amendment No. 22-002 in accordance with Section 30-67 “Purpose” of the Fontana Zoning and Development Code:
Finding: A Specific Plan may be amended by changing the development standards or zoning designation of any zone whenever such an amendment is deemed necessary to protect or promote the public's health, safety or general welfare or when modification is viewed as appropriate in the context of generally accepted planning principles, surrounding land uses, and the General Plan.
Findings of Fact: The specific plan amendment to the existing Southwest Industrial Park Specific Plan (SWIP) by expanding the SWIP boundary to include the entire 29.4 acres to allow for the potential development of three industrial commerce buildings totaling 540,849 square feet.
This development will provide attractive development with quality modern type of architecture and vast landscaping. This type of development will enhance the industrial areas with an attractive street scene and high-quality industrial development. This type of development will be consistent with the areas to the south and west.
SECTION 3. Approval. Specific Plan Amendment No. 22-002 is hereby approved and the Southwest Industrial Park Specific Plan is amended for to establish the project within the Slover East Industrial District as shown on Exhibit “A”, and attached hereto and by this reference incorporated herein.
SECTION 4. Effective Date. This Ordinance shall take effect thirty (30) days after the date of the adoption and prior to the expiration of fifteen (15) days from the passage thereof, or after the adoption of the City Council Ordinance approving Development Agreement No. 23-005, Ordinance approving Zoning Code Amendment 22-005, whichever occurs later, provided however, if the Ordinance approving the Development Agreement is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise does not go into effect for any reason, then this Ordinance shall be null and void and have no further force and effect.
SECTION 5. Publication. This Ordinance shall be published by the City Clerk at least once in the Herald News or other local newspaper of the general circulation, published and circulated in the City of Fontana, and henceforth and thereafter the same shall be in full force and effect.
2603
Ordinance No.___
SECTION 6. Custodian of Records. The documents and materials that constitute the record of proceedings on which this Ordinance is based are located at the City Clerk’s office located at 8353 Sierra Avenue, Fontana, CA 92335. The custodian or records is the City Clerk.
APPROVED AND ADOPTED this 25th day of July 2023.
READ AND APPROVED AS TO LEGAL FORM:
_________________________________________
City Attorney
I, Germaine Key, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing Ordinance is the actual Ordinance adopted by the City Council and was introduced at a regular meeting on the 25th day of July, 2023, and was finally passed and adopted not less than five days thereafter on the 12th day of September, 2023, by the following vote to wit:
AYES:
NOES:
ABSENT:
_________________________________________
City Clerk of the City of Fontana
_________________________________________
Mayor of the City of Fontana
ATTEST:
_________________________________________
City Clerk
2604
EXHIBIT “A”
SOUTHWEST INDUSTRIAL PARK SPECIFIC PLAN LAND
USE MAP AMENDMENT
`
2605
ORDINANCE NO.______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FONTANA APPROVING DEVELOPMENT AGREEMENT
(DA NO. 23-005) BETWEEN THE CITY OF FONTANA AND
ACACIA REAL ESTATE GROUP, INC., WHICH PROVIDES
A PUBLIC BENEFIT FEE IN THE AMOUNT OF
$2,298,608.25 DOLLARS
WHEREAS, the City Council ("City Council") of the City of Fontana ("City") is authorized by California Government Code sections 65864 et seq. and section 30-322 of the City's Development Code ("Development Code") to enter into an agreement for the development of real property with any person having a legal or equitable interest in such property in order to establish certain development rights in such property; and WHEREAS, City has found that development agreements will strengthen the public planning process, encourage private participation in comprehensive planning by providing a greater degree of certainty in that process, reduce the economic costs of development, allow for the orderly planning of public improvements and services, allocate costs to achieve maximum utilization of public and private resources in the development process, and ensure that appropriate measures to enhance and protect the environment are achieved; and
WHEREAS, because of the logistics, magnitude of the expenditure, and considerable lead time required to plan and develop the Property, Acacia Real Estate Group, Inc. (“Developer”) has proposed to enter into a development agreement concerning the Property (“Development Agreement”), to provide assurances that the Property can be developed without disruption caused by a change in the City’s planning policies and requirements except as provided in the Development Agreement, which assurances will thereby reduce the actual or perceived risk of planning for and proceeding with development of the Property; and
WHEREAS, the City of Fontana, a California Municipal Corporation ("City") and Developer are supportive of entering into a Development Agreement whereby Developer will acquire fee title to certain real property (the "Property"); and WHEREAS, Developer's interest in the Property, including that interest to be conveyed pursuant to the DA, constitutes a legal or equitable interest in real property pursuant to California Government Code section 65865; and WHEREAS, Developer proposes the development of the Property for three industrial buildings totaling approximately 540,849 square feet, including up to 42,000 square feet of office space, entailing front end investment in the planning, entitlement and development of the Property to achieve the goals of the City's General Plan ("General ATTACHMENT NO. 19
2606
2 of 5
Plan"), as further described and conditioned in the Development Agreement (collectively, such development shall be referred to herein as the "Project"); and WHEREAS, City desires the timely, efficient, orderly and proper development of the Project in furtherance of the goals of the General Plan; and WHEREAS, City has found that the development agreement attached hereto as Exhibit A and incorporated herein by reference ("Development Agreement") is consistent with City's General Plan and it has been reviewed and evaluated in accordance with Section 30-102 of the City Development Code; and
WHEREAS, City has determined that by entering into the Development Agreement: (i) City will promote orderly growth and quality development on the Property in accordance with the goals and policies set forth in the General Plan and (ii) City will benefit from increased employment and industrial opportunities created by the Project for residents of the City; and
WHEREAS, on July 25, 2023, the City Council introduced this Ordinance through a first reading of this Ordinance; and
WHEREAS, 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.), an Environmental Impact Report (EIR) has been prepared for development of the Property; and
WHEREAS, based on the information in the EIR, all significant impacts anticipated as a result of project implementation would be less than significant with mitigation incorporated, and a Mitigation Monitoring and Reporting Program (MMRP) has been prepared for the City Council’s consideration; therefore, a Notice of Determination has been prepared; and
WHEREAS, the terms and conditions of the Development Agreement have undergone review by City at publicly noticed hearings and have been found to be fair, just and reasonable, and consistent with the General Plan. Further, City finds that:
(i) the economic interests of the City's citizens and the public health, safety and welfare will be best served by entering into the Development Agreement; (ii) the Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the Property is located; (iii) the Development Agreement is consistent with the General Plan; (iv) the Development Agreement is in conformity with the public convenience, general welfare and good land use practice;
2607
3 of 5
(v) the Development Agreement will not be detrimental to the public health, safety and general welfare; and
(vi) the Development Agreement will not adversely affect the orderly development or the preservation of property values for the Property or any other property.
THE CITY COUNCIL OF THE CITY OF FONTANA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Based on the foregoing, the City of Fontana City Council certifies the EIR and Mitigation Monitoring Reporting Program in accordance with Section 15063 of the California Environmental Quality Act (CEQA) and Section 7.38 of the 2019 City of Fontana Local Guidelines for Implementing the CEQA.
SECTION 2. Pursuant to California Government Code sections 65865 et seq., the City Council hereby approves the Development Agreement, a copy of which is on file with the City Clerk and incorporated by reference herein attached as “Exhibit A” for entitled "Development Agreement No. 23-005 between Acacia Real Estate Group, Inc. and the City of Fontana, a California municipal corporation.
SECTION 3. Based on the entire record before the City Council and all written and oral evidence presented to the City Council, the City Council finds this Ordinance promotes the public health, safety and welfare of the community because the Development Agreement will enable needed public improvements at the Property and the economic development of the Property will benefit the citizens of the City.
SECTION 4. The City Council hereby incorporates by reference the Recitals set forth herein and adopts those Recitals as its own as though fully set forth in this Ordinance.
Pursuant to California Government Code section 65867.5(b), and based on the entire record before the City Council, including all written and oral evidence presented to the City Council, the City Council hereby finds that the Development Agreement is consistent with the General Plan because the Development Agreement will result in the development of the Property at the intensity and density allowed under the General Plan and with the restrictions and standards set forth in the City's Municipal Code.
SECTION 5. Based on the entire record before the City Council and all written and oral evidence presented to the City Council, the City Council finds that the Development Agreement is in the best interests of the City, and represents good land use practices, as it ensures the orderly development of the Property with amenities and infrastructure that will be beneficial to the community.
SECTION 6. The City Council further finds that among the public benefits to accrue to the residents of the City as a result of the Development Agreement are:
1. The revitalization of an underdeveloped site.
2. The development of onsite infrastructure upgrades that would not occur otherwise.
3. The generation of additional property tax.
2608
4 of 5
4. The stimulation of adjacent areas in the City by introducing new industrial facility and opportunities.
5. The implementation of numerous City planning and economic development policies which benefit the health and fiscal welfare of the City and its residents.
6. The payment of a public benefit fee from the Developer to the City to offset certain private benefits received by Developer under the DA.
SECTION 7. The City Clerk shall cause to be recorded with the San Bernardino County Recorder a copy of the executed Development Agreement at the time and in the manner provided for in the DA.
SECTION 8. This Ordinance shall take effect thirty (30) days after the date of the adoption and prior to the expiration of fifteen (15) days from the passage thereof, or after the adoption of the City Council Ordinance approving Zoning Code Amendment No. 22- 005 and Specific Plan Amendment No.22-002 whichever occurs later, provided however, if the Ordinance approving the Development Agreement is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise does not go into effect for any reason, then this Ordinance shall be null and void and have no further force and effect.
APPROVED and ADOPTED this 25
th day of July 2023.
READ AND APPROVED AS TO LEGAL FORM:
City Attorney
I, Germaine Key, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing Ordinance is the actual Ordinance adopted by the City Council and was introduced at a regular meeting on the 25th day of July 2023, and was finally passed and adopted not less than five days thereafter on the 12th day of September 2023 by the following vote to wit:
AYES:
NOES:
ABSENT:
City Clerk of the City of Fontana
2609
5 of 5
Mayor of the City of Fontana
ATTEST:
City Clerk
2610
Exhibit A
EXHIBIT "A"
DEVELOPMENT AGREEMENT
2611
Exhibit A
Recorded at request of: )
Clerk, City Council )
City of Fontana )
)
When recorded return to: )
City of Fontana )
8353 Sierra Avenue )
Fontana, CA 92335 )
Attention: City Clerk )
)
Exempt from Filing Fees, Government Code Section 6103
DEVELOPMENT AGREEMENT NO. 23-005
A DEVELOPMENT AGREEMENT BETWEEN
CITY OF FONTANA
a California Municipal Corporation
(“City”)
and
ACACIA REAL ESTATE GROUP, INC.,
(“Owner”)
2612
Exhibit A
DEVELOPMENT AGREEMENT NO. 23-005
This Development Agreement (hereinafter “Agreement”) is entered into effective on the date it is recorded with the San Bernardino County Recorder (hereinafter the “Effective Date”) by and among the City of Fontana, a California municipal corporation (hereinafter, “CITY”), and Acacia Real Estate Group, Inc. (hereinafter, “OWNER”):
RECITALS
WHEREAS, CITY is authorized to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property, pursuant to Section 65864 et seq. of the Government Code; and WHEREAS, OWNER has requested CITY to enter into a development agreement with respect to that certain real property located north of Santa Ana Avenue, east of Citrus Avenue, and west of Oleander Avenue (APNs: 0255-021-17, -18, -22 thru -24, 0255-011- 13, -14, -18, -19, -25 thru -32). as more particularly described on Exhibit “A” and shown on Exhibit “B” to this Agreement (the “Property”), and proceedings have been taken in accordance with the rules and regulations of CITY; and
WHEREAS, by electing to enter into this Agreement, CITY shall bind future City Councils of CITY by the obligations specified herein and limit the future exercise of certain governmental and proprietary powers of CITY; and
WHEREAS, the terms and conditions of this Agreement have undergone extensive review by CITY and the City Council and have been found to be fair, just and reasonable; and
WHEREAS, the best interests of the citizens of the CITY and the public health, safety and welfare will be served by entering into this Agreement; and WHEREAS, prior to the adoption of the Development Approvals described in this Agreement, the City Council of the City of Fontana reviewed, considered, and certified the Environmental Impact Report (“EIR”) for the Oleander Citrus Industrial Center of which the Project, as that term is defined below, is a part, and made findings concerning the mitigation measures for the Project, and adopted a Mitigation Monitoring and Reporting Program in accordance with CEQA and the State and City CEQA Guidelines; and
WHEREAS, DEVELOPER has filed an application for, and the City Council has approved Master Case (MCN) No. 22-053, Design Review (DRP) No. 22-029 (Building No. 1), Tentative Parcel Map (TPM) No. 22-009 (Building No. 1), Design Review No. 22- 061 (Building No. 2) Tentative Parcel Map (TPM) No. 22-030 (Building No. 2), Design Review No. 22-062 (Building No. 3), Tentative Parcel Map (TPM) No. 22-031 (Building No. 3), General Plan Amendment (GPA) No. 22-004, Zone Change Application (ZCA) No. 22-005, and Specific Plan Amendment No. 22-002 (collectively, the “Project”). 2613
Exhibit A
WHEREAS, this Agreement and the Project are consistent with the CITY’s Comprehensive General Plan and any Specific Plan applicable thereto; and WHEREAS, all actions taken and approvals given by CITY have been duly taken or approved in accordance with all applicable legal requirements for notice, public hearings, findings, votes, and other procedural matters; and WHEREAS, development of the Property in accordance with this Agreement will provide substantial benefits to CITY and will further important policies and goals of CITY; and
WHEREAS, this Agreement will eliminate uncertainty in planning and provide for the orderly development of the Property, ensure progressive installation of necessary improvements, provide for public services appropriate to the development of the Project, and generally serve the purposes for which development agreements under Sections 65864 et seq of the Government Code are intended; and
WHEREAS, OWNER has incurred and will in the future incur substantial costs in excess of the generally applicable requirements in order to assure vesting of legal rights to develop the Property in accordance with this Agreement.
COVENANTS
NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
1. DEFINITIONS AND EXHIBITS.
1.1 Definitions. The following terms when used in this Agreement shall be defined as follows:
1.1.1 “Agreement” means this Development Agreement.
1.1.2 “CITY” means the City of Fontana, a municipal corporation, organized and existing pursuant to the laws of the State of California.
1.1.3 “Development” means the improvement of the Property for the purposes of completing the structures, improvements and facilities comprising the Project including, but not limited to: grading; the construction of infrastructure and public facilities related to the Project whether located within or outside the Property; the construction of buildings and structures; and the installation of landscaping. “Development” does not include the maintenance, repair, reconstruction or redevelopment of any building, structure, improvement or facility after the construction and completion thereof. 2614
Exhibit A
1.1.4 “Development Approvals” means all permits and other entitlements for use subject to approval or issuance by CITY in connection with development of the Property including, but not limited to:
(a) conditional use permits and design review permits;
(b) tentative parcel maps;
(c) General Plan and Zoning Code amendments; and,
(d) grading, encroachment and building permits.
1.1.5 “Development Exaction” means any requirement of CITY in connection with or pursuant to any Land Use Regulation or Development Approval for the dedication of land, the construction of improvements or public facilities, or the payment of fees in order to lessen, offset, mitigate or compensate for the impacts of development on the environment or other public interests.
1.1.6 “Development Impact Fee” means a monetary exaction other than a tax or special assessment, whether characterized as a fee or a tax and whether established for a broad class of projects by legislation of general applicability or imposed on a specific project on an ad hoc basis, that is charged by a local agency to the applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project, but does not include park “in lieu” fees specified in Government Code Section 66477, fees for processing applications for governmental regulatory actions or approvals, fees collected under development agreements adopted pursuant to Article 2.5 of the Government Code (commencing with Section 65864) of Chapter 4, or fees collected pursuant to agreements with redevelopment agencies which provide for the redevelopment of property in furtherance or for the benefit of a redevelopment project for which a redevelopment plan has been adopted pursuant to the Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code).
1.1.7 “Development Plan” means the Existing Development Approvals and the Existing Land Use Regulations, as those terms are defined herein, applicable to development of the Property.
1.1.8 “Effective Date” means the date the ordinance approving this Agreement becomes effective.
1.1.9 “Existing Development Approvals” means all Development Approvals approved or issued prior to the Effective Date.
1.1.10 “Existing Land Use Regulations” means all Land Use Regulations in effect on the Effective Date.
1.1.11 “Land Use Regulations” means all ordinances, resolutions, codes, rules, regulations and official policies of CITY governing the development and use of land, 2615
Exhibit A
including, without limitation, the permitted use of land, the density or intensity of use, subdivision requirements, timing and phasing of development, the maximum height and size of proposed buildings, the provisions for reservation or dedication of land for public purposes, and the design, improvement and construction standards and specifications applicable to the development of the Property. “Land Use Regulations” does not include any CITY ordinance, resolution, code, rule, regulation or official policy, governing:
(a) the conduct of businesses, professions, and occupations; (b) taxes and assessments;
(c) the control and abatement of nuisances;
(d) the granting of encroachment permits and the conveyance of rights and interests which provide for the use of or the entry upon public property; (e) the exercise of the power of eminent domain.
1.1.12 “Mortgagee” means a mortgagee of a mortgage, a beneficiary under a deed of trust or any other security-device lender, and their successors and assigns.
1.1.13 “OWNER” means the persons and entities listed as OWNER on page 1 of this Agreement and their successors in interest to all or any part of the Property.
1.1.14 “Project” means the development of the Property contemplated by the Development Plan as such Plan may be further defined, enhanced or modified pursuant to the provisions of this Agreement.
1.1.15 “Property” means the real property described on Exhibit “A” and shown on Exhibit “B” to this Agreement.
1.1.16 “Public Benefit Fee” means the one-time public benefit fee described in Section 4.3 of this Agreement.
1.1.17 “Reservations of Authority” means the rights and authority excepted from the assurances and rights provided to OWNER under this Agreement and reserved to CITY under Section 3.6 of this Agreement.
1.1.18 “Subsequent Development Approvals” means all Development Approvals required subsequent to the Effective Date in connection with development of the Property.
1.1.19 “Subsequent Land Use Regulations” means any Land Use Regulations adopted and effective after the Effective Date of this Agreement.
1.2 Exhibits. The following documents are attached to, and by this reference made a part of, this Agreement:
2616
Exhibit A
Exhibit “A” — Legal Description of the Property.
Exhibit “B” — Map showing Property and its location.
2. GENERAL PROVISIONS.
2.1 Binding Effect of Agreement. The Property is hereby made subject to this Agreement. Development of the Property is hereby authorized and shall be carried out only in accordance with the terms of this Agreement.
2.2 Ownership of Property. OWNER represents and covenants that it is the legal or equitable owner of the fee simple title to the Property or a portion thereof.
2.3 Term. The initial term of this Agreement shall commence on the Effective Date, and shall continue for a period of ten (10) years thereafter unless this term is modified or extended pursuant to the provisions of this Agreement. Notwithstanding the foregoing, the term of this Development Agreement may be extended for an additional five (5) years following expiration of the initial term, provided the following have occurred:
(a) OWNER provides at least ninety (90) days written notice to CITY prior to the expiration of the initial term; and
(b) OWNER shall have obtained building permits for at least sixty-seven percent (67%) of the gross area of the industrial building(s) contemplated by the Project; and
(c) OWNER is not then in uncured default of this Agreement.
The initial term and, if and upon extension, the 5-year extension, shall sometimes be referred to herein collectively as the “Term.”
The term of this Agreement shall not be considered to run and shall toll for any period in which the Project is being challenged or litigated by a third-party.
2.4 Assignment.
2.4.1 Right to Assign. OWNER shall have the right to sell, transfer or assign the Property in whole or in part (provided that no such partial transfer shall violate the Subdivision Map Act, Government Code Section 66410 et seq., to any person, partnership, joint venture, firm or corporation at any time during the term of this Agreement; provided, however, that any such sale, transfer or assignment shall include the assignment and assumption of the rights, duties and obligations arising under or from this Agreement and be made in strict compliance with the following conditions precedent:
(a) No sale, transfer or assignment of any right or interest under this Agreement shall be made unless made together with the sale, transfer or assignment of all or a part of the Property.
2617
Exhibit A
(b) Concurrent with any such sale, transfer or assignment, or within fifteen (15) business days thereafter, OWNER shall notify CITY, in writing, of such sale, transfer or assignment and shall provide CITY with an executed agreement, in a form substantially similar to that attached hereto as Exhibit “A” which has been deemed reasonably acceptable to CITY, by the purchaser, transferee or assignee and providing therein that the purchaser, transferee or assignee expressly and unconditionally assumes all the duties and obligations of OWNER under this Agreement. (c) Any sale, transfer or assignment not made in strict compliance with the foregoing conditions shall constitute a default by OWNER under this Agreement.
Notwithstanding the failure of any purchaser, transferee or assignee to execute the agreement required by Paragraph (b) of this Subsection 2.4.1, the burdens of this Agreement shall be binding upon such purchaser, transferee or assignee, but the benefits of this Agreement shall not inure to such purchaser, transferee or assignee until and unless such agreement is executed.
2.4.2 Release of Transferring Owner. Notwithstanding any sale, transfer or assignment, a transferring owner shall continue to be obligated under this Agreement unless such transferring owner is given a release in writing by CITY, which release shall be provided by CITY upon the full satisfaction by such transferring owner of the following conditions:
(a) OWNER no longer has a legal or equitable interest in all or any part of the Property.
(b) OWNER is not then in default under this Agreement.
(c) OWNER has provided CITY with the notice and executed agreement required under Paragraph (b) of Subsection 2.4.1 above. (d) The purchaser, transferee or assignee provides CITY with security equivalent to any security previously provided by OWNER to secure performance of its obligations hereunder.
2.4.3 Subsequent Assignment. Any subsequent sale, transfer or assignment after an initial sale, transfer or assignment shall be made only in accordance with and subject to the terms and conditions of this Section.
2.4.4 Partial Release of Purchaser, Transferee or Assignee of Industrial or Commercial Lot. A purchaser, transferee or assignee of a lot, which has been finally subdivided as provided for in the Development Plan and for which a commercial or industrial plot plan for development of the lot has been finally approved pursuant to the Development Plan, may submit a request, in writing, to CITY to release said lot from the obligations under this Agreement relating to all other portions of the property. Within thirty (30) days of such request, CITY shall review, and if the above conditions are satisfied shall approve the request for release and notify the purchaser, transferee or assignee in writing thereof. No such release approved pursuant to this Subsection 2.4.4 shall cause, 2618
Exhibit A
or otherwise affect, a release of OWNER from its duties and obligations under this Agreement.
2.4.5 Termination of Agreement With Respect to Individual Lots Upon Sale to Public and Completion of Construction. The provisions of Subsection 2.4.1 shall not apply to the sale or lease (for a period longer than one year) of any lot which has been finally subdivided and is individually (and not in “bulk”) sold or leased to a member of the public or other ultimate user. Notwithstanding any other provisions of this Agreement, this Agreement shall terminate with respect to any lot and such lot shall be released and no longer be subject to this Agreement without the execution or recordation of any further document upon satisfaction of both of the following conditions:
(a) The lot has been finally subdivided and individually (and not in “bulk”) sold or leased (for a period longer than one year) to a member of the public or other ultimate user; and,
(b) A certificate of occupancy or temporary certificate of occupancy has been issued for a building on the lot, and the fees set forth under Section 4 of this Agreement have been paid.
2.5 Amendment or Cancellation of Agreement. This Agreement may be amended or canceled in whole or in part only by written consent of all parties in the manner provided for in Government Code Section 65868 and the Development Agreement Policies. This provision shall not limit any remedy of CITY or OWNER as provided by this Agreement. Any amendment of this Agreement which has been requested by OWNER shall only be processed and considered by the CITY upon the payment of the applicable processing charge.
2.6 Termination. This Agreement shall be deemed terminated and of no further effect upon the occurrence of any of the following events:
(a) Expiration of the stated term of this Agreement as set forth in Section
2.3. (b) Entry of a final judgment setting aside, voiding or annulling the adoption of the ordinance approving this Agreement.
(c) The adoption of a referendum measure overriding or repealing the ordinance approving this Agreement.
(d) Completion of the Project in accordance with the terms of this Agreement including issuance of all required occupancy permits and acceptance by CITY or applicable public agency of all required dedications. (e) Termination of this Agreement based on any default of OWNER and following the termination proceedings required by the Development Agreement Policies. 2619
Exhibit A
Termination of this Agreement shall not constitute termination of any other land use entitlements approved for the Property. Upon the termination of this Agreement, no party shall have any further right or obligation hereunder except with respect to any obligation to have been performed prior to such termination or with respect to any default in the performance of the provisions of this Agreement which has occurred prior to such termination or with respect to any obligations which are specifically set forth as surviving this Agreement. Upon such termination, any public facilities and services mitigation fees paid pursuant to Section 4.2 of this Agreement by OWNER to CITY buildings on which construction has not yet begun shall be refunded to OWNER by CITY.
2.7 Notices.
(a) As used in this Agreement, “notice” includes, but is not limited to, the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver, appointment or other communication required or permitted hereunder. (b) All notices shall be in writing and shall be considered given either: (i) when delivered in person to the recipient named below; or (ii) on the date of delivery shown on the return receipt, after deposit in the United States mail in a sealed envelope as either registered or certified mail with return receipt requested, and postage and postal charges prepaid, and addressed to the recipient named below; or (iii) on the date of delivery shown in the records of the telegraph company after transmission by telegraph to the recipient named below. All notices shall be addressed as follows:
If to CITY:
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Attn: City Manager
Telephone: (909) 350-7600
Copy to:
Best, Best & Krieger, LLP
2855 E Guasti Road
Ontario, CA 91761
Attn: City Attorney
Telephone: (909) 989-8584
Facsimile: (909) 944-1441
If to OWNER:
Acacia Real Estate Group, Inc.
Attn: David B. Pittman
260 Newport Center Drive, Suite 100
Newport Beach, CA 92660
Telephone: (714) 270-0777
Copy to:
2620
Exhibit A
Freeman, Freeman, Smiley
Attn: Jon S. Grizel
5 Park Plaza, Suite No. 650
Irvine, CA 92614
Telephone: (949) 252-2715
(c) Either party may, by notice given at any time, require subsequent notices to be given to another person or entity, whether a party or an officer or representative of a party, or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change.
3. DEVELOPMENT OF THE PROPERTY.
3.1 Rights to Develop. Subject to the terms of this Agreement including the Reservations of Authority, OWNER shall have a vested right to develop the Property in accordance with, and to the extent of, the Development Plan. The Project shall remain subject to all Subsequent Development Approvals required to complete the Project as contemplated by the Development Plan. Except as otherwise provided in this Agreement, the permitted uses of the Property, the density and intensity of use, the maximum height and size of proposed buildings, and provisions for reservation and dedication of land for public purposes shall be those set forth in the Development Plan.
3.2 Effect of Agreement on Land Use Regulations. Except as otherwise provided under the terms of this Agreement including the Reservations of Authority, the rules, regulations and official policies governing permitted uses of the Property, the density and intensity of use of the Property, the maximum height and size of proposed buildings, and the design, improvement and construction standards and specifications applicable to development of the Property shall be the Existing Land Use Regulations. In connection with any Subsequent Development Approval, CITY shall exercise its discretion in accordance with the Development Plan, and as provided by this Agreement including, but not limited to, the Reservations of Authority. CITY shall accept for processing, review and action all applications for Subsequent Development Approvals, and such applications shall be processed in the normal manner for processing such matters.
3.3 Timing of Development. The parties acknowledge that OWNER cannot at this time predict when or the rate at which phases of the Property will be developed. Such decisions depend upon numerous factors which are not within the control of OWNER, such as market orientation and demand, interest rates, absorption, completion and other similar factors. Since the California Supreme Court held in Pardee Construction Co. v.
City of Camarillo, (1984) 37 Cal.3d 465, that the failure of the parties therein to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over such parties’ agreement, it is the parties’ intent to cure that deficiency by acknowledging and providing that OWNER shall have the right to develop the Property in such order and at such rate and at such times as OWNER deems appropriate within the exercise of its subjective business judgment, subject only to any 2621
Exhibit A
timing or phasing requirements set forth in the Development Plan or the Phasing Plan set forth in Section 3.4. Notwithstanding anything to the contrary set forth in this Section 3.3 or in this Agreement, City acknowledges that OWNER shall have no obligation to construct the Project and that OWNER shall not be subject to any penalty nor shall City be entitled to any legal or equitable remedy, including, without limitation, a claim for specific performance of this Agreement, if OWNER determines not to construct the Project for any reason.
3.4 Phasing Plan. Development of the Property shall be subject to all timing and phasing requirements established by the Development Plan.
3.5 Changes and Amendments. The parties acknowledge that refinement and further development of the Project will require Subsequent Development Approvals and may demonstrate that changes are appropriate and mutually desirable in the Existing Development Approvals. In the event OWNER finds that a change in the Existing Development Approvals is necessary or appropriate, OWNER shall apply for a Subsequent Development Approval to effectuate such change and CITY shall process and act on such application in accordance with the Existing Land Use Regulations, except as otherwise provided by this Agreement including the Reservations of Authority. If approved, any such change in the Existing Development Approvals shall be incorporated herein as Exhibit “C”, and may be further changed from time to time as provided in this Section. Unless otherwise required by law, as determined in CITY’s reasonable discretion, a change to the Existing Development Approvals shall be deemed “minor” and not require an amendment to this Agreement provided such change does not:
(a) Alter the permitted uses of the Property as a whole; or, (b) Increase the density or intensity of use of the Property as a whole; or,
(c) Increase the maximum height and size of permitted buildings; or, (d) Delete a requirement for the reservation or dedication of land for public purposes within the Property as a whole; or,
(e) Constitute a project requiring a subsequent or supplemental environmental impact report pursuant to Section 21166 of the Public Resources Code.
3.6 Reservations of Authority.
3.6.1 Limitations, Reservations and Exceptions. Notwithstanding any other provision of this Agreement, the following Subsequent Land Use Regulations shall apply to the development of the Property.
(a) Processing fees and charges of every kind and nature imposed by CITY to cover the estimated actual costs to CITY of processing applications for Development Approvals or for monitoring compliance with any Development Approvals granted or issued.
2622
Exhibit A
(b) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure.
(c) Regulations, policies, and rules governing construction standards and specifications including, without limitation, the CITY’s Building Code, Plumbing Code, Mechanical Code, Electrical Code, Fire Code and Grading Code. (d) Regulations imposing Development Exactions; provided, however, that no such subsequently adopted Development Exaction shall be applicable to development of the Property unless such Development Exaction is applied uniformly to development, either throughout the CITY or within a defined area of benefit which includes the Property. No such subsequently adopted Development Exaction shall apply if its application to the Property would physically prevent development of the Property for the uses and to the density or intensity of development set forth in the Development Plan.
In the event any such subsequently adopted Development Exaction fulfills the same purposes, in whole or in part, as the fees set forth in Section 4 of this Agreement, CITY shall allow a credit against such subsequently adopted Development Exaction for the fees paid under Section 4 of this Agreement to the extent such fees fulfill the same purposes. (e) Regulations which may be in conflict with the Development Plan but which are reasonably necessary to protect the public health and safety. To the extent possible, any such regulations shall be applied and construed so as to provide OWNER with the rights and assurances provided under this Agreement. (f) Regulations which are not in conflict with the Development Plan. Any regulation, whether adopted by initiative or otherwise, limiting the rate or timing of development of the Property shall be deemed to conflict with the Development Plan and shall therefore not be applicable to the development of the Property.
3.6.2 Subsequent Development Approvals. This Agreement shall not prevent CITY, in acting on Subsequent Development Approvals, from applying Subsequent Land Use Regulations which do not conflict with the Development Plan, nor shall this Agreement prevent CITY from denying or conditionally approving any Subsequent Development Approval on the basis of the Existing Land Use Regulations or any Subsequent Land Use Regulation not in conflict with the Development Plan.
3.6.3 Modification or Suspension by State or Federal Law. In the event that State or Federal laws or regulations, enacted after the Effective Date of this Agreement, prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such State or Federal laws or regulations, provided, however, that this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce. In the event OWNER alleges that such State or Federal laws or regulations preclude or prevent compliance with one or more provisions of this Agreement, and the CITY does not agree, the OWNER may, at its sole 2623
Exhibit A
cost and expense, seek declaratory relief (or other similar non-monetary remedies); provided however, that nothing contained in this Section 3.6.3 shall impose on CITY any monetary liability for contesting such declaratory relief (or other similar non-monetary relief).
3.6.4 Intent. The parties acknowledge and agree that CITY is restricted in its authority to limit its police power by contract and that the foregoing limitations, reservations and exceptions are intended to reserve to CITY all of its police power which cannot be so limited. This Agreement shall be construed, contrary to its stated terms if necessary, to reserve to CITY all such power and authority which cannot be restricted by contract.
3.7 Public Works. If OWNER is required by this Agreement to construct any public works facilities which will be dedicated to CITY or any other public agency upon completion, and if required by applicable laws to do so, OWNER shall perform such work in the same manner and subject to the same requirements as would be applicable to CITY or such other public agency should it have undertaken such construction.
3.8 Provision of Real Property Interests by CITY. In any instance where OWNER is required to construct any public improvement on land not owned by OWNER, OWNER shall at its sole cost and expense provide or cause to be provided, the real property interests necessary for the construction of such public improvements. In the event OWNER is unable, after exercising reasonable efforts, including, but not limited to, the rights under Sections 1001 and 1002 of the Civil Code, to acquire the real property interests necessary for the construction of such public improvements, and if so instructed by OWNER and upon OWNER’S provision of adequate security for costs CITY may reasonably incur, CITY shall negotiate the purchase of the necessary real property interests to allow OWNER to construct the public improvements as required by this Agreement and, if necessary, in accordance with the procedures established by law, use its power of eminent domain to acquire such required real property interests. OWNER shall pay all costs associated with such acquisition or condemnation proceedings. This section 3.8 is not intended by the parties to impose upon the OWNER an enforceable duty to acquire land or construct any public improvements on land not owned by OWNER, except to the extent that the OWNER elects to proceed with the development of the Project, and then only in accordance with valid conditions imposed by the CITY upon the development of the Project under the Subdivision Map Act or other legal authority.
3.9 Regulation by Other Public Agencies. It is acknowledged by the parties that other public agencies not within the control of CITY possess authority to regulate aspects of the development of the Property separately from or jointly with CITY and this Agreement does not limit the authority of such other public agencies. CITY agrees to cooperate fully, at no cost to CITY, with OWNER in obtaining any required permits or compliance with the regulations of other public agencies provided such cooperation is not in conflict with any laws, regulations or policies of the CITY.
3.10 Tentative Parcel Map Extension. Notwithstanding the provisions of Section 66452.6 of the Government Code, no tentative subdivision map or tentative parcel map, 2624
Exhibit A
heretofore or hereafter approved in connection with development of the Property, shall be granted an extension of time except in accordance with the Existing Land Use Regulations.
3.11 Vesting Tentative Maps. If any tentative or final subdivision map, or tentative or final parcel map, heretofore or hereafter approved in connection with development of the Property, is a vesting map under the Subdivision Map Act (Government Code Section 66410 et seq.) and if this Agreement is determined by a final judgment to be invalid or unenforceable insofar as it grants a vested right to develop to OWNER, then and to that extent the rights and protections afforded OWNER under the laws and ordinances applicable to vesting maps shall supersede the provisions of this Agreement. Except as set forth immediately above, development of the Property shall occur only as provided in this Agreement, and the provisions in this Agreement shall be controlling over any conflicting provision of law or ordinance concerning vesting maps.
3.12 Utilities. The Project shall be connected to all utilities necessary to provide adequate water, sewer, gas, electric, and other utility service to the Project. OWNER shall contract with the CITY for CITY-owned or operated utilities serving the Project for such prices and on such terms as may be mutually agreed to between the parties.
4. PUBLIC BENEFITS.
4.1 Intent. The parties acknowledge and agree that development of the Property will result in substantial public needs which will not be fully met by the Development Plan and further acknowledge and agree that this Agreement confers substantial private benefits on OWNER which should be balanced by commensurate public benefits. Accordingly, the parties intend to provide consideration to the public to balance the private benefits conferred on OWNER by providing more fully for the satisfaction of the public needs resulting from the Project.
4.2 Development Impact Fees.
4.2.1 Amount and Components of Fee(s). Development Impact Fees (DIF) shall be paid by OWNER. The DIF amounts to be paid by OWNER shall be the amounts that are in effect at the time such amounts are due. Nothing contained in this Agreement shall affect the ability of the CITY to impose new DIF or amend the amounts of existing DIF. Additionally, nothing contained in this Agreement shall affect the ability of other public agencies that are not controlled by CITY to impose and amend, from time to time, DIF established or imposed by such other public agencies, even though such DIF may be collected by CITY.
4.2.2 Time of Payment. The fees required pursuant to Subsection 4.2.1 shall be paid to CITY prior to the issuance of building permits. No fees shall be payable for building permits issued prior to the Effective Date of this Agreement, but the fees required pursuant to Subsection 4.2.1 shall be paid prior to the re-issuance or extension of any building permit for which such fees have not previously been paid. 2625
Exhibit A
4.2.3 Credits. OWNER shall be entitled to credit against the fees required pursuant to Subsection 4.2.1 for the dedication of land, the construction of improvements or the payment of fees.
4.3 Public Benefit Fee. Prior to the issuance of the Certificate of Occupancy for any building, as consideration for the privileges conferred by this Agreement, OWNER shall pay to the City a one-time public benefit fee totaling $2,298,608.25.
5. FINANCING OF PUBLIC IMPROVEMENTS.
If deemed appropriate, CITY and OWNER will cooperate in the formation of any special assessment district, community facilities district or alternate financing mechanism to pay for the construction and/or maintenance and operation of public infrastructure facilities required as part of the Development Plan. CITY also agrees that, to the extent any such district or other financing entity is formed and sells bonds in order to finance such reimbursements, OWNER may be reimbursed to the extent that OWNER spends funds or dedicates land for the establishment of public facilities. Notwithstanding the foregoing, it is acknowledged and agreed by the parties that nothing contained in this Agreement shall be construed as requiring CITY or the City Council to form any such district or to issue and sell bonds.
6. REVIEW FOR COMPLIANCE.
6.1 Periodic Review. The Planning Director shall review this Agreement annually, on or before the anniversary of the Effective Date, in order to ascertain the good faith compliance by OWNER with the terms of the Agreement. OWNER shall submit an Annual Monitoring Report, in a form acceptable to the Planning Director, within 30 days after written notice from the Planning Director. The Annual Monitoring Report shall be accompanied by an annual review and administration fee sufficient to defray the estimated costs of review and administration of the Agreement during the succeeding year. The amount of the annual review and administration fee shall be set annually or as deemed necessary by resolution of the City Council.
6.2 Special Review. The City Council may order a special review of compliance with this Agreement at any time. The Planning Director shall conduct such special reviews.
6.3 Procedure.
(a) During either a periodic review or a special review, OWNER shall be required to demonstrate good faith compliance with the terms of the Agreement. The burden of proof on this issue shall be on OWNER.
(b) Upon completion of a periodic review or a special review, the Planning Director shall submit a report to the City Council setting forth the evidence concerning good faith compliance by OWNER with the terms of this Agreement and his or her recommended finding on that issue.
2626
Exhibit A
(c) If the City Council finds on the basis of substantial evidence that OWNER has complied in good faith with the terms and conditions of this Agreement, the review shall be concluded.
(d) If the City Council makes a preliminary finding that OWNER has not complied in good faith with the terms and conditions of this Agreement, the Council may modify or terminate this Agreement as provided in Section 6.4 and Section 6.5. Notice of default as provided under Section 7.4 of this Agreement shall be given to OWNER prior to or concurrent with, proceedings under Section 6.4 and Section 6.5.
6.4 Proceedings Upon Modification or Termination. If, upon a finding under Section 6.3, CITY determines to proceed with modification or termination of this Agreement, CITY shall give written notice to OWNER of its intention so to do. The notice shall be given at least ten calendar days prior to the scheduled hearing and shall contain:
(a) The time and place of the hearing;
(b) A statement as to whether or not CITY proposes to terminate or to modify the Agreement; and,
(c) Such other information as is reasonably necessary to inform OWNER of the nature of the proceeding.
6.5 Hearing on Modification or Termination. At the time and place set for the hearing on modification or termination, OWNER shall be given an opportunity to be heard.
OWNER shall be required to demonstrate good faith compliance with the terms and conditions of this Agreement. The burden of proof on this issue shall be on OWNER. If the City Council finds, based upon substantial evidence, that OWNER has not complied in good faith with the terms or conditions of the Agreement, the City Council may terminate this Agreement or modify this Agreement to impose such conditions as are reasonably necessary to obtain compliance with the terms of this Agreement. . The decision of the City Council shall be final, subject only to judicial review pursuant to Section 1094.5 of the Code of Civil Procedure.
6.6 Certificate of Agreement Compliance. If, at the conclusion of a Periodic or Special Review, OWNER is found to be in compliance with this Agreement, CITY shall, upon written request by OWNER, issue a Certificate of Agreement Compliance (“Certificate”) to OWNER stating that after the most recent Periodic or Special Review and based upon the information known or made known to the Planning Director and City Council that (1) this Agreement remains in effect and (2) OWNER is not in default. The Certificate shall be in recordable form, shall contain information necessary to communicate constructive record notice of the finding of compliance, shall state whether the Certificate is issued after a Periodic or Special Review and shall state the anticipated date of commencement of the next Periodic Review. OWNER may record the Certificate with the County Recorder.
Whether or not the Certificate is relied upon by assignees or other transferees or OWNER, CITY shall not be bound by a Certificate if a default existed at the time of the 2627
Exhibit A
Periodic or Special Review, but was concealed from or otherwise not known to the Planning Director or City Council.
7. DEFAULT AND REMEDIES.
7.1 Remedies in General. It is acknowledged by the parties that CITY would not have entered into this Agreement if it were to be liable in damages under this Agreement, or with respect to this Agreement or the application thereof.
In general, each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this Agreement, except that CITY shall not be liable in damages to OWNER, or to any successor in interest of OWNER, or to any other person, and OWNER covenants not to sue for damages or claim any damages:
(a) For any breach of this Agreement or for any cause of action which arises out of this Agreement; or
(b) For the taking, impairment or restriction of any right or interest conveyed or provided under or pursuant to this Agreement; or
(c) Arising out of or connected with any dispute, controversy or issue regarding the application or interpretation or effect of the provisions of this Agreement.
7.2 Specific Performance. Except as set forth in Section 3.3, above, the parties acknowledge that money damages and remedies at law generally are inadequate and specific performance and other non-monetary relief are particularly appropriate remedies for the enforcement of this Agreement and should be available to all parties for the following reasons:
(a) Money damages are unavailable against CITY as provided in Section 7.1 above.
(b) Due to the size, nature and scope of the project, it may not be practical or possible to restore the Property to its natural condition once implementation of this Agreement has begun. After such implementation, OWNER may be foreclosed from other choices it may have had to utilize the Property or portions thereof. OWNER has invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this Agreement and will be investing even more significant time and resources in implementing the Project in reliance upon the terms of this Agreement, and it is not possible to determine the sum of money which would adequately compensate OWNER for such efforts.
7.3 Release. Except for non-damage remedies, including the remedy of specific performance and judicial review as provided for in Section 6.5, OWNER, for itself, its successors and assignees, hereby releases the CITY, its officers, agents and employees from any and all claims, demands, actions, or suits of any kind or nature arising out of any liability, known or unknown, present or future, including, but not limited to, any claim or liability, based or asserted, pursuant to Article I, Section 19 of the California 2628
Exhibit A
Constitution, the Fifth Amendment of the United States Constitution, or any other law or ordinance which seeks to impose any other liability or damage, whatsoever, upon the CITY because it entered into this Agreement or because of the terms of this Agreement.
7.4 Termination or Modification of Agreement for Default of OWNER. Subject to the provisions contained in Subsection 6.5 herein, CITY may terminate or modify this Agreement for any failure of OWNER to perform any material duty or obligation of OWNER under this Agreement, or to comply in good faith with the terms of this Agreement (hereinafter referred to as “default”); provided, however, CITY may terminate or modify this Agreement pursuant to this Section only after providing written notice to OWNER of default setting forth the nature of the default and the actions, if any, required by OWNER to cure such default and, where the default can be cured, OWNER has failed to take such actions and cure such default within 60 days after the effective date of such notice or, in the event that such default cannot be cured within such 60 day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such 60 day period and to diligently proceed to complete such actions and cure such default.
7.5 Termination of Agreement for Default of CITY. OWNER may terminate this Agreement only in the event of a default by CITY in the performance of a material term of this Agreement and only after providing written notice to CITY of default setting forth the nature of the default and the actions, if any, required by CITY to cure such default and, where the default can be cured, CITY has failed to take such actions and cure such default within 60 days after the effective date of such notice or, in the event that such default cannot be cured within such 60 day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such 60 day period and to diligently proceed to complete such actions and cure such default.
8. THIRD PARTY LITIGATION.
8.1 General Plan Litigation. CITY has determined that this Agreement is consistent with its Comprehensive General Plan, as such General Plan existed as of the Effective Date of this Agreement (“General Plan”), and that the General Plan meets all requirements of law. OWNER has reviewed the General Plan and concurs with CITY’s determination.
CITY shall have no liability in damages under this Agreement for any failure of CITY to perform under this Agreement or the inability of OWNER to develop the Property as contemplated by the Development Plan of this Agreement as the result of a judicial determination that on the Effective Date, or at any time thereafter, the General Plan, or portions thereof, are invalid or inadequate or not in compliance with law.
8.2 Third Party Litigation Concerning Agreement. OWNER shall defend, at its expense, including reasonable attorneys’ fees, indemnify, and hold harmless CITY, its agents, officers and employees from any claim, action or proceeding against CITY, its agents, officers, or employees to attack, set aside, void, or annul the approval of this Agreement or the approval of any permit granted pursuant to this Agreement. CITY shall 2629
Exhibit A
promptly notify OWNER of any such claim, action or proceeding, and CITY shall cooperate in the defense. If CITY fails to promptly notify OWNER of any such claim, action or proceeding, or if CITY fails to cooperate in the defense, OWNER shall not thereafter be responsible to defend, indemnify, or hold harmless CITY. CITY may in its discretion participate in the defense of any such claim, action or proceeding.
8.3 Indemnity. In addition to the provisions of 8.2 above, OWNER shall indemnify and hold CITY, its officers, agents, employees and independent contractors free and harmless from any liability whatsoever, based or asserted upon any act or omission of OWNER, its officers, agents, employees, subcontractors and independent contractors, for property damage, bodily injury, or death (OWNER’s employees included) or any other element of damage of any kind or nature, relating to or in any way connected with or arising from the activities contemplated hereunder, including, but not limited to, the study, design, engineering, construction, completion, failure and conveyance of the public improvements, save and except claims for damages arising through the sole active negligence or sole willful misconduct of CITY. OWNER shall defend, at its expense, including reasonable attorneys’ fees, CITY, its officers, agents, employees and independent contractors in any legal action based upon such alleged acts or omissions.
CITY may in its discretion participate in the defense of any such legal action.
8.4 Environmental Assurances. OWNER shall indemnify and hold CITY, its officers, agents, and employees free and harmless from any liability, based or asserted, upon any act or omission of OWNER, its officers, agents, employees, subcontractors, and independent contractors for any violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to environmental conditions on, under or about the Property, including, but not limited to, soil and groundwater conditions, and OWNER shall defend, at its expense, including reasonable attorneys’ fees, CITY, its officers, agents and employees in any action based or asserted upon any such alleged act or omission. CITY may in its discretion participate in the defense of any such action.
8.5 Reservation of Rights. With respect to Sections 8.2, 8.3 and 8.4 herein, CITY reserves the right to either (1) approve the attorney(s) which OWNER selects, hires or otherwise engages to defend CITY hereunder, which approval shall not be unreasonably withheld, or (2) conduct its own defense, provided, however, that OWNER shall reimburse CITY forthwith for any and all reasonable expenses incurred for such defense, including reasonable attorneys’ fees, upon billing and accounting therefor.
8.6 Survival. The provisions of this Sections 8.1 through 8.6, inclusive, shall survive the termination of this Agreement.
9. MORTGAGEE PROTECTION.
The parties hereto agree that this Agreement shall not prevent or limit OWNER, in any manner, at OWNER’s sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Property. CITY acknowledges that the lenders providing such financing may require certain Agreement interpretations and 2630
Exhibit A
modifications and agrees upon request, from time to time, to meet with OWNER and representatives of such lenders to negotiate in good faith any such request for interpretation or modification. CITY will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement. Any Mortgagee of the Property shall be entitled to the following rights and privileges:
(a) Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any mortgage on the Property made in good faith and for value, unless otherwise required by law. (b) The Mortgagee of any mortgage or deed of trust encumbering the Property, or any part thereof, which Mortgagee, has submitted a request in writing to the CITY in the manner specified herein for giving notices, shall be entitled to receive written notification from CITY of any default by OWNER in the performance of OWNER’s obligations under this Agreement.
(c) If CITY timely receives a request from a Mortgagee requesting a copy of any notice of default given to OWNER under the terms of this Agreement, CITY shall provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to OWNER. The Mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed such party under this Agreement. (d) Any Mortgagee who comes into possession of the Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Property, or part thereof, subject to the terms of this Agreement.
Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of OWNER’s obligations or other affirmative covenants of OWNER hereunder, or to guarantee such performance; provided, however, that to the extent that any covenant to be performed by OWNER is a condition precedent to the performance of a covenant by CITY , the performance thereof shall continue to be a condition precedent to CITY’s performance hereunder, and further provided that any sale, transfer or assignment by any Mortgagee in possession shall be subject to the provisions of Section 2.4 of this Agreement.
10. MISCELLANEOUS PROVISIONS.
10.1 Recordation of Agreement. This Agreement and any amendment or cancellation thereof shall be recorded with the San Bernardino County Recorder by the City Clerk within the period required by Section 65868.5 of the Government Code. If the parties to this Agreement or their successors in interest amend or cancel this Agreement as provided for herein and in Government Code Section 65868, or if the CITY terminates or modifies the agreement as provided for herein and in Government Code Section 65865.1 for failure of the applicant to comply in good faith with the terms or conditions of this Agreement, the City Clerk shall have notice of such action recorded with the San Bernardino County Recorder.
2631
Exhibit A
10.2 Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement.
10.3 Severability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement.
Notwithstanding the foregoing, the provision of the Public Benefits set forth in Section 4 of this Agreement, including the payment of the fees set forth therein, are essential elements of this Agreement and CITY would not have entered into this Agreement but for such provisions, and therefore in the event such provisions are determined to be invalid, void or unenforceable, this entire Agreement shall be null and void and of no force and effect whatsoever.
10.4 Governing Law; Interpretation. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement, all parties having been represented by counsel in the negotiation and preparation hereof.
10.5 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement.
10.6 Singular and Plural. As used herein, the singular of any word includes the plural.
10.7 Joint and Several Obligations. If at any time during the term of this Agreement the Property is owned, in whole or in part, by more than one owner, all obligations of such owners under this Agreement shall be joint and several, and the default of any such owner shall be the default of all such owners. Notwithstanding the foregoing, no owner of a single lot which has been finally subdivided and sold to such owner as a member of the general public or otherwise as an ultimate user shall have any obligation under this Agreement except as provided under Section 4 hereof.
10.8 Time of Essence. Time is of the essence in the performance of .the provisions of this Agreement as to which time is an element.
10.9 Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party’s right 2632
Exhibit A
to insist and demand strict compliance by the other party with the terms of this Agreement thereafter.
10.10 No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement.
10.11 Force Majeure. Neither party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by floods, earthquakes, epidemics, pandemics, other Acts of God, fires, wars, riots or similar hostilities, strikes and other labor difficulties beyond the party’s control, (including the party’s employment force), government regulations, court actions (such as restraining orders or injunctions), or other causes beyond the party’s control. If any such events shall occur, the term of this Agreement and the time for performance by either party of any of its obligations hereunder may be extended by the written agreement of the parties for the period of time that such events prevented such performance, provided that the term of this Agreement shall not be extended under any circumstances for more than five (5) years.
10.12 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefited thereby of the covenants to be performed hereunder by such benefited party.
10.13 Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from doing some act hereunder with regard to development of the Property: (a) is for the benefit of and is a burden upon every portion of the Property; (b) runs with the Property and each portion thereof; and, (c) is binding upon each party and each successor in interest during ownership of the Property or any portion thereof.
10.14 Counterparts. This Agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument.
10.15 Jurisdiction and Venue. Any action at law or in equity arising under this Agreement or brought by a party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of San Bernardino, State of California, and the parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court.
10.16 Project as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the development of the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the 2633
Exhibit A
terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between CITY and OWNER is that of a government entity regulating the development of private property and the owner of such property.
10.17 Further Actions and Instruments. Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request of either party at any time, the other party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement.
10.18 Eminent Domain. No provision of this Agreement shall be construed to limit or restrict the exercise by CITY of its power of eminent domain.
10.19 Agent for Service of Process. In the event OWNER is not a resident of the State of California or it is an association, partnership or joint venture without a member, partner or joint venturer resident of the State of California, or it is a foreign corporation, then in any such event, OWNER shall file with the Planning Director, upon its execution of this Agreement, a designation of a natural person residing in the State of California, giving his or her name, residence and business addresses, as its agent for the purpose of service of process in any court action arising out of or based upon this Agreement, and the delivery to such agent of a copy of any process in any such action shall constitute valid service upon OWNER. If for any reason service of such process upon such agent is not feasible, then in such event OWNER may be personally served with such process out of this County and such service shall constitute valid service upon OWNER. OWNER is amenable to the process so served, submits to the jurisdiction of the Court so obtained and waives any and all objections and protests thereto. OWNER for itself, assigns and successors hereby waives the provisions of the Hague Convention (Convention on the Service Abroad of Judicial and Extra Judicial Documents in Civil or Commercial Matters, 20 U.S.T. 361, T.I.A.S. No. 6638).
10.20 Estoppel Certificate. Within thirty (30) business days following a written request by any of the parties, the other party shall execute and deliver to the requesting party a statement certifying that (i) either this Agreement is unmodified and in full force and effect or there have been specified (date and nature) modifications to the Agreement, but it remains in full force and effect as modified; and (ii) either there are no known current uncured defaults under this Agreement or that the responding party alleges that specified (date and nature) defaults exist. The statement shall also provide any other reasonable information requested. The failure to timely deliver this statement shall constitute a conclusive presumption that this Agreement is in full force and effect without modification except as may be represented by the requesting party and that there are no uncured defaults in the performance of the requesting party, except as may be represented by the requesting party. OWNER shall pay to CITY all costs incurred by CITY in connection with 2634
Exhibit A
the issuance of estoppel certificates under this Section 10.20 prior to CITY’s issuance of such certificates.
10.21 Authority to Execute. The person or persons executing this Agreement on behalf of OWNER warrants and represents that he or she/they have the authority to execute this Agreement on behalf of his or her/their corporation, partnership or business entity and warrants and represents that he or she/they has/have the authority to bind OWNER to the performance of its obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have executed this Development Agreement on the last day and year set forth below.
OWNER
ACACIA REAL ESTATE GROUP, INC.,
a California corporation
By:
David Pittman
Its: President
Dated:
2635
Exhibit A
ACKNOWLEDGMENT
A notary public or other officer completing
this certificate verifies only the identity of
the individual who signed the document to
which this certificate is attached, and not
the truthfulness, accuracy, or validity of that
document.
State of California
County of )
On before me,
______________________________
_______
(insert name and title of the
officer)
personally appeared
_________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _________________________________ (Seal)
2636
Exhibit A
CITY:
CITY OF FONTANA, a California
municipal corporation
By:_____________________________
Acquanetta Warren, Mayor
Dated: __________________
By: ____________________________
Matthew C. Ballantyne, City Manager
ATTEST:
By:_____________________________
Germaine McClellan Key, City Clerk
APPROVED AS TO LEGAL FORM:
BEST BEST & KRIEGER LLP
________________________________
City Attorney
2637
Exhibit A
ACKNOWLEDGMENT
A notary public or other officer completing
this certificate verifies only the identity of
the individual who signed the document to
which this certificate is attached, and not
the truthfulness, accuracy, or validity of that
document.
State of California
County of )
On before me,
______________________________
_______
(insert name and title of the
officer)
personally appeared
_________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _________________________________ (Seal)
5703203.2
27967-940
2638
City of Fontana
Action Report
Planning Commission
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2217 Agenda Date: 6/20/2023
Agenda #: PH-A Category: Public Hearing
FROM:
Planning Department
TITLE:
Master Case No. 22-053: General Plan Amendment (GPA) No. 22-004, Zone Change Application (ZCA) No. 22-005, Specific Plan Amendment (SPA) No. 22-002 and Development Agreement (DA) No. 23-005, Tentative Parcel Map (TPM) No. 22-009 (Building No. 1), Design Review (DRP) No. 22- 029 (Building No. 1), Tentative Parcel Map (TPM) No. 22-030 (Building No. 2), Design Review No. 22 -061 (Building No. 2), Tentative Parcel Map (TPM) No. 22-031 (Building No. 3), Design Review No. 22-062 (Building No. 3), and Final Environmental Impact Report for the development of three (3) industrial commerce buildings totaling approximately 540,849 square feet within a project area totaling 29.4 acres.
RECOMMENDATION:
Based on the information contained in this staff report, staff recommends that the Planning Commission adopt Resolution No. PC 2023-___, and forward a recommendation to the City Council to:
1. Adopt a resolution to certify the EIR, adopt a Statement of Overriding Consideration, a Mitigation Monitoring and Reporting Program, and a Statement of Facts and Findings, and direct staff to file a Notice of Determination;
2. Adopt a resolution approving General Plan Amendment No. 22-004; and,
3. Adopt an ordinance approving Specific Plan Amendment No. 22-002; and,
4. Adopt an ordinance approving Zone Change No. 22-005; and,
5. Adopt an ordinance approving Development Agreement No. 23-005; and,
6. Adopt a resolution approving Tentative Parcel Map (TPM) No. 20709, Design Review No. 22- 029 (Building No. 1), Tentative Parcel Map (TPM) No. 20708, Design Review No. 22-061 (Building No. 2), and Tentative Parcel Map (TPM) No. 20707, Design Review No. 22-062 (Building No. 3) subject to the attached Findings and Conditions of Approval.
APPLICANT:
Acacia Real Estate Group, Inc.
David Pittman
260 Newport Center Drive, Suite No. 100
Newport Beach, CA 92626
City of Fontana Page 1 of 9 Printed on 6/14/2023
powered by Legistar™26391
File #: 21-2217 Agenda Date: 6/20/2023
Agenda #: PH-A Category: Public Hearing
LOCATION:
The project site includes property located on the north side of Santa Ana Avenue between Citrus Avenue and Oleander Avenue, and at the northeast corner of the Santa Ana Avenue and Oleander Avenue (APNs) 0255-011-13, -14, -15, -18, -19, -25, -26, -27, -28, -29, -30, -31, and -32, and 0255- 021-17, -18, -22, -23, and -24.
REQUEST:
1. General Plan Amendment No. 22-004 - a request to amend the General Plan land use designation of 29.4-acres from Residential Planned Community (R-PC) and Multiple-Family Medium/High Residential (R-MFMH) to General Industrial (I-G).
2. Specific Plan Amendment No. 22-002 - a request to amend the Southwest Industrial Park (SWIP) Specific Plan Land Use Plan to expand the SWIP boundary to include the entire 29.4 acres within the SWIP’s Slover East Industrial District (SED).
3. Zoning Change No. 22-005 - a request to change the zoning designation from Residential Planned Community (R-PC) and Multiple-Family Medium/High Density Residential (R-4) to Southwest Industrial Park (SWIP) Specific Plan.
4. Development Agreement No. 23-005 - An agreement for the payment of a public benefit fee.
5. Tentative Parcel Map No. 20709 (TPM No. 22-009) (Building No. 1), Tentative Parcel Map No. 20708 (TPM No. 22-030) (Building No. 2), and Tentative Parcel Map No. 20707 (TPM No. 22- 031) (Building No. 3) - A request to review three seperate parcel maps which two maps include the consolidation of six (6) parcels into one parcel for the development of the project sites for Building No. 1 and Building No. 2 and the consolidation of five (5) parcels into one for the development of the project site for Building No. 3. The parcel maps encompass a total of
24.4 acres of the 29.4 acres; the project does not propose development of one existing 5 acre parcel.
6. Design Review No. 22-029 (Building No. 1), Design Review No. 22-061 (Building No. 2), and Design Review No. 22-062 (Building No. 3) - A request for review of the architecture, site design and associated improvements for Building Nos. 1 through 3 totaling 540,849 square feet on 24.4 acres. The project does not propose development for 5 acres of the overall project site.
PROJECT PLANNER:
Salvador Quintanilla, Senior Planner
BACKGROUND INFORMATION:
A. Existing Land Use Designation:
General Plan Zoning Existing Land Use
Site: Residential Planned
Community (R-PC) and
Multiple-Family Medium/High
Residential (R-MFMH)
Residential Planned
Community (R-PC) and
Multiple-Family
Medium/High Residential (R
-4)
Vacant and
Existing SingleFamily Residential
North: Public Facilities (P-PF) Public Facilities (P-PF) Jurupa Hills High School and
Fontana Adult
City of Fontana Page 2 of 9 Printed on 6/14/2023
powered by Legistar™26402
File #: 21-2217 Agenda Date: 6/20/2023
Agenda #: PH-A Category: Public Hearing General Plan Zoning Existing Land Use Site: Residential Planned
Community (R-PC) and
Multiple-Family Medium/High
Residential (R-MFMH)
Residential Planned
Community (R-PC) and
Multiple-Family
Medium/High Residential (R
-4)
Vacant and
Existing SingleFamily Residential
North: Public Facilities (P-PF) Public Facilities (P-PF) Jurupa Hills High School and
Fontana Adult
School
South: General Industrial (I-G) Slover East Industrial
District within the
Southwest Industrial Park
Specific Plan
Industrial
Commerce
Buildings
East: Residential Planned
Community (R-PC)
Residential Planned
Community (R-PC)
Citrus High School
West: General Industrial (I-G) Slover East Industrial
District within the
Southwest Industrial Park
Specific Plan
Industrial
Commerce Center
Building
PROJECT DESCRIPTION:
A. Project Site Area: Approximately 29.4 acres (excluding a 5.4 acre site, APN: 0255-011-15 which will not be developed).
B. Lot Coverage:
Building No. 1 Required: 60 Percent
Provided: 51.1 Percent
Building No. 2 Required: 60 Percent
Provided: 51.1 Percent
Building No. 2 Required: 60 Percent
Provided: 50.3 Percent
C. Building/Unit Analysis - Industrial Commerce Building Nos. 1 through 3:
Building No. 1:
Office Area: Approximately 10,000 square feet
Commerce Area: Approximately 141,618 square feet
Building No. 2
Office Area: Approximately 16,000 square feet
Commerce Area: Approximately 180,336 square feet
City of Fontana Page 3 of 9 Printed on 6/14/2023
powered by Legistar™26413
File #: 21-2217 Agenda Date: 6/20/2023
Agenda #: PH-A Category: Public Hearing
Building No. 3
Office Area: Approximately 16,000 square feet
Commerce Area: Approximately 176,895 square feet
D. Parking Analysis:
Building No. 1 Required: 60 Spaces
Provided: 64 Spaces
Building No. 2 Required: 68 Spaces
Provided: 98 Spaces
Building No. 3 Required: 68 Spaces
Provided: 98 Spaces
E. Landscaping:
Building No. 1 Required: 15 Percent
Provided: 21.2 Percent
Building No. 2 Required: 15 Percent
Provided: 19.5 Percent
Building No. 3 Required: 15 Percent
Provided: 21.3 Percent
ANALYSIS:
The applicant is proposing the development of three (3) industrial commerce center buildings totaling 540,849 square feet on three sites totaling approximately 24.4-acres. The project is located on the north side of Santa Ana Avenue, between Citrus Avenue and Oleander Avenue, and at the northeast corner of the Santa Ana Avenue and Oleander Avenue intersection.
General Plan Amendment No. 22-004 and Zone Change No. 22-005 The current general plan land use designation is Residential Planned Community (R-PC) and Multiple-Family Medium/High Residential (R-MFMH) which do not allow for industrial commerce center uses. Therefore, the applicant has applied for a General Plan Amendment to amend the General Plan land use designation of the 29.4-acres from Residential Planned Community (R-PC) and Multiple-Family Medium/High Residential (R-MFMH) to General Industrial (I-G). In order to have consistency between the General Plan and Zoning designations, the applicant has additionally submitted a Zone Change request to change the zoning designation from Residential Planned Community (R-PC) and Multiple-Family Medium/High Density Residential (R-4) to Southwest Industrial Park (SWIP) Specific Plan (SP). The parcels to the west and south of the project site are within the Southwest Industrial Park Specific Plan and also zoned Slover East Industrial (SED) District. The project will be consistent with the surrounding area with regard to land use, activities, and development along Santa Ana Avenue, Citrus Avenue, and Oleander Avenue City of Fontana Page 4 of 9 Printed on 6/14/2023
powered by Legistar™26424
File #: 21-2217 Agenda Date: 6/20/2023
Agenda #: PH-A Category: Public Hearing
Specific Plan Amendment No. 22-002
The Specific Plan Amendment would amend the Southwest Industrial Park (SWIP) Specific Plan Land Use Plan to expand the SWIP boundary to include the entire 29.4 acres and to designate the property with the Slover East Industrial District (SED) land use designation. As previously mentioned, no development is currently proposed on APN 0255-011-15 (5-acre site). Design Reviews and Tentative Parcel Maps (TPMs) are proposed for the 24.4-acre site on all the parcels except for parcel APN: 255-011-15.
Development Agreement No. 23-005
The application includes review of development agreement for the provision of a public benefit fee of $2,298,608.25.
Tentative Parcel Map No. 20709 (TPM No. 22-009) (Building No. 1), Tentative Parcel Map No. 20708 (TPM No. 22-030) (Building No. 2), and Tentative Parcel Map No. 20707 (TPM No. 22-031) (Building No. 3)
The applicant has filed for three tentative parcels maps to support proposed development of 24.4 acres of the overall project area. The applicant is proposing to consolidate six (6) parcels located at the northeast corner of Citrus Avenue and Santa Ana Avenue into one parcel for the development of Building No. 1. The applicant will consolidate six (6) parcels located at the northwest corner of Oleander Avenue and Santa Ana Avenue into one parcel for the development of Building No. 2.
Additionally, the applicant will consolidate five (5) parcels located at the northeast corner of Oleander Avenue and Santa Ana Avenue into one for the development of Building No. 3. As part of the project the developer will construct all on-site and off-site improvements per the City Standards.
Design Review No. 22-029 (Building No. 1), Design Review No. 22-061 (Building No. 2), and Design Review No. 22-062 (Building No. 3)
The project includes the development of three industrial commerce center buildings on three separate parcels; one parcel that is included within the General Plan, Zoning, and Specific Plan amendment areas will remain undeveloped.
The industrial commerce center buildings have been designed with a combination of office and industrial areas. Building No. 1 will contain approximately 151,618 square feet of floor area, Building No. 2 will contain approximately 196,336 square feet of floor area, and Building No. 3 will contain approximately 192,895 square feet of floor area. Each building project will construct the necessary on -site and off-site improvements required by city standards.
Each building will have a gate-secured truck court. 17 loading docks are proposed on the east side of Building No. 1, 26 loading docks are proposed on the west side of Building No. 2, and 26 loading docks are proposed on the east side of Building No. 3.
The buildings’ tower entry ways, clear float glass, painted bands, reveals, decorative panels, articulated window framing with glazing, and pop-outs provide structural and visual interest. The applicant has incorporated a variety of architectural features on all sides of the buildings to meet or City of Fontana Page 5 of 9 Printed on 6/14/2023
powered by Legistar™26435
File #: 21-2217 Agenda Date: 6/20/2023
Agenda #: PH-A Category: Public Hearing
applicant has incorporated a variety of architectural features on all sides of the buildings to meet or exceed the design guidelines of the Southwest Industrial Park Specific Plan, Slover East Industrial District design guidelines.
The project sites are physically suitable in size and shape to support the development of the proposed industrial commerce buildings. 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 sites are consistent with the standards of the Southwest Industrial Park Specific Plan, Slover East Industrial District. The proposal has been designed to be compatible with the industrial uses to the south and west of the sites, while also providing a development that has been designed with features (architectural relief, added landscaping along the north side of the property, street improvements, and lighting), to enhance the character of the area. The project has met all the requirements of the recently adopted Industrial Commerce Centers Sustainability Standards Ordinance.
Circulation/Grading
Building No. 1 (Northeast corner of Santa Ana and Oleander Avenue) Access to and from the project site would be provided from one driveway along Citrus Avenue and one from Santa Ana Avenue. Trucks will only have access from Citrus Avenue and regular vehicles will have access from both Citrus Avenue and Santa Ana Avenue. The proposed landscaping would be ornamental in nature and would features trees, shrubs, and drought-tolerant accent plants in addition to a variety of groundcovers. The area of Building No. 1 will drain to the south to a catch basin where it will flow to Santa Ana Avenue. Truck will be traveling south and north on Citrus Avenue to and from the project site to access the 10 freeway. No truck traffic will occur on Santa Ana Avenue.
Building Nos. 2 and 3 (Northeast corner of Santa Ana and Citrus Avenue, Northwest corner of Santa Ana and Oleander Avenue)
Access to and from the project site would be provided from one driveway along Oleander Avenue and one from Santa Ana Avenue. Trucks will only have access from Oleander Avenue and regular vehicles will have access from both Oleander Avenue and Santa Ana Avenue. The proposed landscaping would be ornamental in nature and would features trees, shrubs, and drought-tolerant accent plants in addition to a variety of groundcovers. The area of Building No. 2 and 3 will drain to the south to a catch basin where it will flow to Santa Ana Avenue. Trucks are restricted to head south on Oleander Avenue to Jurupa Avenue and to Citrus Avenue or Sierra Avenue to access the 10 freeway. No truck traffic will occur on Santa Ana Avenue.
Walls
Building Nos.1 through 3
The project site will have an eight-foot-high sliding gate for the loading areas and a 12-foot-high screen wall surrounding the loading areas. The project does not include any retaining walls.
Industrial Commerce Centers Sustainability Standards
All new industrial commerce building development must meet the requirements of the Industrial Commerce Centers Sustainability Standards ordinance. Based on the standards, truck loading docks, truck entries, and truck drive aisles shall be oriented away from abutting sensitive receptors (schools, preschools, daycare centers, in-home daycares, health facilities such as hospitals, etc.…) City of Fontana Page 6 of 9 Printed on 6/14/2023
powered by Legistar™26446
File #: 21-2217 Agenda Date: 6/20/2023
Agenda #: PH-A Category: Public Hearing
(schools, preschools, daycare centers, in-home daycares, health facilities such as hospitals, etc.…) unless it is physically impossible.
The proposed buildings can only be constructed with the proposed layouts, which place truck entries/drive aisles on the northerly sides of the buildings that abut a sensitive receptor (Jarupa Hills high school facilities adjacent on the north of Building 1 and Fontana Adult School to the north of Building 3), and place loading docks abutting a sensitive receptor (Citrus High school facilities to the east of Building 3), for access and circulation reasons. Because Santa Ana Avenue adjacent to the sites is not a truck route, trucks will be required to enter and exit on the north-south streets (Citrus for Building 1, and Oleander for Buildings 2 and 3). Site access/curb cuts are not permitted in proximity to intersections, thus necessitating placement of the truck entries at the northerly portions of the site for each of the buildings. Relative to dock locations, truck queuing of 140 feet total as well as maneuvering requirements necessitate placement of the docks on the easterly sides of Buildings 1 and 2 given the site entrances on the westerly sides. For Buildings 1 and 2, the docks would face vacant land; however, for Building 3, the docks would face a sensitive receptor (Citrus High School field facilities). For each circumstance where access, driveways, and docks would be located in proximity to school facilities, the closest functions occurring on the abutting school properties would be drive aisles, athletic courts/fields, or detention facilities as opposed to classrooms.
When physically impossible, loading docks, truck entries, and drive aisles may be located nearby sensitive receptors but site design shall include measures designed to minimize overall impacts to nearby sensitive receptors. For each of the referenced areas, additional screening trees are conditioned to be installed along the affected property lines in order to more immediately provide screening and buffering between the industrial and school uses.
SB330
As currently zoned, this property would have allowed for the development of 507 residential units. 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 507 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 residential parcels until the 507 residential units are reclaimed within future planned residential projects.
Pursuant to FMC section 30-967, the Unit Bank cannot exceed 2,200 units. The Unit Bank currently has 0 units. These 507 units will be added to the Unit Bank increasing the number of units in the Unit Bank to 507, which is less than the 2,200 units authorized by the FMC.
Environmental
Technical Studies
Subsequent to the preparation and distribution of the Notice of Preparation (NOP), the Draft Environmental Impact Report (DEIR) was prepared for the projects. The environmental analysis contained in the Draft EIR is based in part on specific studies and assessments undertaken for the City of Fontana Page 7 of 9 Printed on 6/14/2023
powered by Legistar™26457
File #: 21-2217 Agenda Date: 6/20/2023
Agenda #: PH-A Category: Public Hearing
City by qualified environmental scientists, specialists, and consultants. These studies address aesthetics, agriculture and forestry resources, air quality, biological resources, cultural resources, energy, geology and soils, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, land use and planning, mineral resources, noise, population and housing, public services, recreation, transportation, tribal cultural resources, utilities and services systems, and wildfire. These technical studies are contained in the Technical Appendices document of the Draft EIR and are made available for the public review. The Draft and Final EIR and Technical Appendices can be viewed at the following URL: Environmental Documents | Fontana, CA - Official Website (fontanaca.gov) <https://www.fontanaca.gov/2137/Environmental-Documents>.
The Final EIR describes the environmental impacts of the project and the mitigation measures to help minimize the project impacts on the environment. The scope of this Final EIR includes analysis of environmental issues identified and raised in response to the Notice of Preparation (IS/NOP) and during the DEIR comment period.
The Final EIR determined that 17 categories of environmental effects for the project would have impacts found not to be significant. These categories are Aesthetics, Agriculture and Forestry, Air Quality, Biological Resources, Cultural Resources, Energy, Geology and Soils, Hazards and Hazardous Materials, Hydrology and Water Quality, Land Use and Planning, Mineral Resources, Population and Housing, Public Services, Recreation, Tribal Cultural Resources, Utilities and Services Systems, and Wildfire. The potential impacts from the aforementioned topical areas are fully addressed in the DEIR and can be brought to a level of less than significant with mitigations.
The analysis in the Final EIR and supporting studies found that, even with incorporation of proposed mitigation measures, impacts to greenhouse gas emissions, noise, and transportation would remain significant and unavoidable. Because there are significant and unavoidable impacts as a result of the proposed project, a Statement of Overriding Consideration (SOC) is required.
Alternatives
As required by CEQA, an EIR shall describe a range of reasonable alternatives to the project which meets the basic objectives of the project but would avoid or substantially lessen any of the significant effects of the project and evaluate the comparative merits of the alternatives. The proposed alternatives for this project include “No Project” and “Reduced Project.” Circulation
The project Draft EIR (DEIR) was circulated for the 45-day public review period beginning on April 7, 2023 and ending on May 22, 2023. The document was submitted to the State Clearinghouse for notification to State agencies for their possible comment. The Planning Commission conducted a public hearing on the DEIR on April 18, 2023, to receive public comments. Prior to the end of the comment period of May 22, 2023, the City received comments on the DEIR from the following public agencies, organizations, and individuals:
Letter Date Received Organization/Name
Agencies
A. May 11, 2023 South Coast Air Quality Management District City of Fontana Page 8 of 9 Printed on 6/14/2023 powered by Legistar™26468
File #: 21-2217 Agenda Date: 6/20/2023
Agenda #: PH-A Category: Public Hearing
Letter Date Received Organization/Name
Agencies
A. May 11, 2023 South Coast Air Quality Management District The City, along with the environmental consultant, has reviewed and provided responses to the letters/comments above; these are included in the Final EIR. The Final EIR along with errata has been included with the environmental documentation made available at the following link:
Environmental Documents | Fontana, CA - Official Website (fontanaca.gov) <https://www.fontanaca.gov/2137/Environmental-Documents>. To approve the project, the City Council must adopt a Statement of Overriding Considerations indicating that the project benefits override or outweigh the project identified unavoidable environmental impacts.
MOTION:
Approve staff’s recommendation.
ATTACHMENTS:
1. Vicinity Map
2. Tentative Parcel Map No. 20709 (Building No. 1)
3. Tentative Parcel Map No. 20708 (Building No. 2)
4. Tentative Parcel Map No. 20707 (Building No. 3)
5. Project Plans
6. Existing/Proposed General Plan Land Use Designation
7. Existing/Proposed Zone Change
8. Existing/Proposed Specific Plan
9. Planning Commission Resolution PC 2023-____
10. Facts and Findings of the EIR
11. Development Agreement
12. Notice of Determination
13. Public Hearing Notice
City of Fontana Page 9 of 9 Printed on 6/14/2023
powered by Legistar™26479
ATTACHMENT NO. 1
VICINITY MAP
DATE: June 20, 2023
CASE: Master Case (MCN) No. 22-053
NORTH
CITY OF FONTANA PLANNING DEPARTMENT
264810
11 2649
12 2650
13 2651
OFFICIAL USE ONLY PROJECT DATA VICINITY MAP /#56'45+6'2.#0 DAB-A1.0 Owner: Project: Consultants: 2TQLGEV0WODGT 4GXKUKQP
&CVG
&TCYPD[
6KVNG
5JGGV
%+8+. 5647%674#. /'%*#0+%#. 2.7/$+0) '.'%64+%#. .#0&5%#2' 51+.5'0)+0''4 (+4'2416'%6+10 &* HCZ VGN
GOCKN
JRC"JRCTEJUEQO KTXKPGEC DCTFGGPCXGPWGÄUVG JRCKPE Ä *WPVGTÄÄÄ 6$& 0'92146%'06'4&4 6'.
Ä A 6JKGPGUÄÄ %+6475 1.'#0&'4#8' #65#06##0##8' (106#0#%# SITE SITE PLAN GENERAL NOTES 1. THE SITE PLAN BASED ON THE SOILS REPORT PREPARED BY: TBD 2. IF SOILS ARE EXPANSIVE IN NATURE, USE STEEL REINFORCING FOR ALL SITE CONCRETE. 3. ALL DIMENSIONS ARE TO THE FACE OF CONCRETE WALL, FACE OF CONCRETE CURB OR GRID LINE U.N.O. 4. SEE "C" PLANS FOR ALL CONCRETE CURBS, GUTTERS AND SWALES. 5. THE ENTIRE PROJECT SHALL BE PERMANENTLY MAINTAINED WITH AN AUTOMATIC IRRIGATION SYSTEM. 6. SEE "C" DRAWINGS FOR POINT OF CONNECTIONS TO OFF-SITE UTILITIES. CONTRACTOR SHALL VERIFY ACTUAL UTILITY LOCATIONS. 7. PROVIDE POSITIVE DRAINAGE AWAY FROM BLDG. SEE "C" DRAWINGS. 8. CONTRACTOR TO REFER TO "C" DRAWINGS FOR ALL HORIZONTAL CONTROL DIMENSIONS. SITE PLANS ARE FOR GUIDANCE AND STARTING LAYOUT POINTS. 9. SEE "C"DRAWINGS FOR FINISH GRADE ELEVATIONS. 10. CONCRETE SIDEWALKS TO BE A MINIMUM OF 4" THICK W/ TOOLED JOINTS AT 6' O.C. EXPANSION/CONSTRUCTION JOINTS SHALL BE A MAXIMUM 12' EA. WAY. EXPANSION JOINTS TO HAVE COMPRESSIVE EXPANSION FILLER MATERIAL OF 1/4". FINISH TO BE A MEDIUM BROOM FINISH U.N.O. 11. PAINT CURBS AND PROVIDE SIGNS TO INFORM OF FIRE LANES AS REQUIRED BY FIRE DEPARTMENT. 12. CONSTRUCTION DOCUMENTS PERTAINING TO THE LANDSCAPE AND IRRIGATION OF THE ENTIRE PROJECT SITE SHALL BE SUBMITTED TO THE BUILDING DEPARTMENT AND APPROVED BY PUBLIC FACILITIES DEVELOPMENT PRIOR TO ISSUANCE OF BUILDING PERMITS. 13. PRIOR TO FINAL CITY INSPECTION, THE LANDSCAPE ARCHITECT SHALL SUBMIT A CERTIFICATE OF COMPLETION TO PUBLIC FACILITIES DEVELOPMENT. 14. ALL LANDSCAPE AND IRRIGATION DESIGNS SHALL MEET CURRENT CITY STANDARDS AS LISTED IN GUIDELINES OR AS OBTAINED FROM PUBLIC FACILITIES DEVELOPMENT. 15. ALL VERTICAL MOUNTING POLES OF CHAIN LINK FENCING SHALL BE CAPPED. 16. LANDSCAPED AREAS SHALL BE DELINEATED WITH A MINIMUM SIX INCHES (6") HIGH CURB. 17. ALL SIGNAGE SHALL BE LEGIBLE, DURABLE, AND WEATHERPROOF. 18. EACH PROPOSED OFFICE AREA WILL REQUIRE ITS OWN TRASH ENCLOSURE. SITE LEGEND PATH OF TRAVEL LANDSCAPED AREA 26' WIDE FIRELANE CONCRETE PAVING. SEE "C" DRWGS. FOR THICKNESS STANDARD PARKING STALL ( 9' X 19') ACCESSIBLE PARKING STALL (9' X 19') W/ 5' ACCESSIBLE AISLE ACCESSIBLE PARKING STALL (VAN) (12' X 19') W/ 5' ACCESSIBLE AISLE PROJECT INFORMATION 14 2652
OFFICIAL USE ONLY ('0%'2.#0 DAB-A1.0F Owner: Project: Consultants: 2TQLGEV0WODGT 4GXKUKQP
&CVG
&TCYPD[
6KVNG
5JGGV
%+8+. 5647%674#. /'%*#0+%#. 2.7/$+0) '.'%64+%#. .#0&5%#2' 51+.5'0)+0''4 (+4'2416'%6+10 &* HCZ VGN
GOCKN
JRC"JRCTEJUEQO KTXKPGEC DCTFGGPCXGPWGÄUVG JRCKPE Ä *WPVGTÄÄÄ 6$& 0'92146%'06'4&4 6'.
Ä A 6JKGPGUÄÄ %+6475 1.'#0&'4#8' #65#06##0##8' (106#0#%# SITE PLAN KEYNOTES 2134567891011 121314151617181920 EXTERIOR CONCRETE STAIR. CONCRETE CURB. SEE CIVIL DRAWINGS. LANDSCAPE. ALL LANDSCAPE AREAS INDICATED BY SHADING. PRE-CAST CONCRETE WHEEL STOP. CONCRETE FILLED GUARD POST "6 DIA. U.N.O. 42" H, TRASH ENCLOSURE PER CITY STANDARD. ACCESSIBLE ENTRY SIGN. ACCESSIBLE PARKING STALL SIGN. TRUNCATED DOME. APPROXIMATE LOCATION OF FIRE HYDRANT. 5'-6"X5'-6"X4" THICK CONCRETE EXTERIOR LANDING PAD TYP. AT ALL EXTERIOR MAN DOORS TO LANDSCAPED AREAS. FINISH TO BE MEDIUM BROOM FINISH. PROVIDE WALK TO PUBLIC WAY OR DRIVE WAY AS REQ. BY CITY INSPECTOR. APPROXIMATE LOCATION OF TRANSFORMER. CONTRACTOR TO VERIFY WITH S.C.E., PROVIDE 8' HIGH METAL GATES W/ KNOX-BOX PER FIRE DEPARTMENT STANDARDS PER DRIVEWAY. CONCRETE RAMP W/ 42" HIGH CONCRETE WALL. EXTERIOR BIKE RACK TYPICAL. 12' HIGH CONCRETE TILT-UP SCREEN WALL. DRIVEWAY APRONS TO BE CONSTRUCTED CONCRETE WALKWAY, MEDIUM BROOM FINISH ASPHALT CONCRETE (AC) PAVING. HEAVY BROOM FINISH CONCRETE PAVEMENT. 21 8' H METAL FENCE. 22 ADD SIGN "TRUCK PROHIBITED". 23 LUNCH TRELLIS - PROPOSED BREAK AREA 15 2653
OFFICIAL USE ONLY 5+)0#)' 647%- 6740+0)2.#0 DAB-A1.0T Owner: Project: Consultants: 2TQLGEV0WODGT 4GXKUKQP
&CVG
&TCYPD[
6KVNG
5JGGV
%+8+. 5647%674#. /'%*#0+%#. 2.7/$+0) '.'%64+%#. .#0&5%#2' 51+.5'0)+0''4 (+4'2416'%6+10 &* HCZ VGN
GOCKN
JRC"JRCTEJUEQO KTXKPGEC DCTFGGPCXGPWGÄUVG JRCKPE Ä *WPVGTÄÄÄ 6$& 0'92146%'06'4&4 6'.
Ä A 6JKGPGUÄÄ %+6475 1.'#0&'4#8' #65#06##0##8' (106#0#%# SITE PLAN GENERAL NOTES 1. THE SITE PLAN BASED ON THE SOILS REPORT PREPARED BY: TBD 2. IF SOILS ARE EXPANSIVE IN NATURE, USE STEEL REINFORCING FOR ALL SITE CONCRETE. 3. ALL DIMENSIONS ARE TO THE FACE OF CONCRETE WALL, FACE OF CONCRETE CURB OR GRID LINE U.N.O. 4. SEE "C" PLANS FOR ALL CONCRETE CURBS, GUTTERS AND SWALES. 5. THE ENTIRE PROJECT SHALL BE PERMANENTLY MAINTAINED WITH AN AUTOMATIC IRRIGATION SYSTEM. 6. SEE "C" DRAWINGS FOR POINT OF CONNECTIONS TO OFF-SITE UTILITIES. CONTRACTOR SHALL VERIFY ACTUAL UTILITY LOCATIONS. 7. PROVIDE POSITIVE DRAINAGE AWAY FROM BLDG. SEE "C" DRAWINGS. 8. CONTRACTOR TO REFER TO "C" DRAWINGS FOR ALL HORIZONTAL CONTROL DIMENSIONS. SITE PLANS ARE FOR GUIDANCE AND STARTING LAYOUT POINTS. 9. SEE "C"DRAWINGS FOR FINISH GRADE ELEVATIONS. 10. CONCRETE SIDEWALKS TO BE A MINIMUM OF 4" THICK W/ TOOLED JOINTS AT 6' O.C. EXPANSION/CONSTRUCTION JOINTS SHALL BE A MAXIMUM 12' EA. WAY. EXPANSION JOINTS TO HAVE COMPRESSIVE EXPANSION FILLER MATERIAL OF 1/4". FINISH TO BE A MEDIUM BROOM FINISH U.N.O. 11. PAINT CURBS AND PROVIDE SIGNS TO INFORM OF FIRE LANES AS REQUIRED BY FIRE DEPARTMENT. 12. CONSTRUCTION DOCUMENTS PERTAINING TO THE LANDSCAPE AND IRRIGATION OF THE ENTIRE PROJECT SITE SHALL BE SUBMITTED TO THE BUILDING DEPARTMENT AND APPROVED BY PUBLIC FACILITIES DEVELOPMENT PRIOR TO ISSUANCE OF BUILDING PERMITS. 13. PRIOR TO FINAL CITY INSPECTION, THE LANDSCAPE ARCHITECT SHALL SUBMIT A CERTIFICATE OF COMPLETION TO PUBLIC FACILITIES DEVELOPMENT. 14. ALL LANDSCAPE AND IRRIGATION DESIGNS SHALL MEET CURRENT CITY STANDARDS AS LISTED IN GUIDELINES OR AS OBTAINED FROM PUBLIC FACILITIES DEVELOPMENT. 15. ALL VERTICAL MOUNTING POLES OF CHAIN LINK FENCING SHALL BE CAPPED. 16. LANDSCAPED AREAS SHALL BE DELINEATED WITH A MINIMUM SIX INCHES (6") HIGH CURB. 17. ALL SIGNAGE SHALL BE LEGIBLE, DURABLE, AND WEATHERPROOF. 18. EACH PROPOSED OFFICE AREA WILL REQUIRE ITS OWN TRASH ENCLOSURE. SITE LEGEND PATH OF TRAVEL LANDSCAPED AREA 26' WIDE FIRELANE CONCRETE PAVING. SEE "C" DRWGS. FOR THICKNESS STANDARD PARKING STALL ( 9' X 19') ACCESSIBLE PARKING STALL (9' X 19') W/ 5' ACCESSIBLE AISLE ACCESSIBLE PARKING STALL (VAN) (12' X 19') W/ 5' ACCESSIBLE AISLE SIGNAGE & TRUCK TURNING PLAN KEYNOTES 21 SIGN INDICATING "OFF - SITE PARKING FOR ANY EMPLOYEE, TRUCK OR OTHER OPERATION RELATED VEHICLE IS STRICTLY PROHIBITED. NO TRUCK IDLING SIGN. FOR AUTOS FOR TRUCKS 16 2654
OFFICIAL USE ONLY PROJECT DATA VICINITY MAP PROPERTY OWNER ADDRESS OF THE PROPERTY ASSESSOR'S PARCEL NUMBER APPLICANT APPLICANT'S REPRESENTATIVE ZONING 18'4#..5+6'2.#0 1-DAB-A1.1 Owner: Project: Consultants: 2TQLGEV0WODGT 4GXKUKQP
&CVG
&TCYPD[
6KVNG
5JGGV
%+8+. 5647%674#. /'%*#0+%#. 2.7/$+0) '.'%64+%#. .#0&5%#2' 51+.5'0)+0''4 (+4'2416'%6+10 &* HCZ VGN
GOCKN
JRC"JRCTEJUEQO KTXKPGEC DCTFGGPCXGPWGÄUVG JRCKPE Ä *WPVGTÄÄÄ 6$& 0'92146%'06'4&4 6'.
Ä A 6JKGPGUÄÄ %+6475 1.'#0&'4#8' #65#06##0##8' (106#0#%# SITE SITE PLAN KEYNOTES 21345678 5'-6"X5'-6"X4" THICK CONCRETE EXTERIOR LANDING PAD TYP. AT ALL EXTERIOR MAN DOORS TO LANDSCAPED AREAS. FINISH TO BE MEDIUM BROOM FINISH. PROVIDE WALK TO PUBLIC WAY OR DRIVE WAY AS REQ. BY CITY INSPECTOR. APPROXIMATE LOCATION OF TRANSFORMER. CONTRACTOR TO VERIFY WITH S.C.E., PROVIDE 8' HIGH METAL GATES W/ KNOX-BOX PER FIRE DEPARTMENT STANDARDS PER DRIVEWAY. CONCRETE RAMP W/ 42" HIGH CONCRETE WALL. DRIVEWAY APRONS TO BE CONSTRUCTED CONCRETE WALKWAY, MEDIUM BROOM FINISH ASPHALT CONCRETE (AC) PAVING. HEAVY BROOM FINISH CONCRETE PAVEMENT. SITE PLAN GENERAL NOTES 1. THE SITE PLAN BASED ON THE SOILS REPORT PREPARED BY: TBD 2. IF SOILS ARE EXPANSIVE IN NATURE, USE STEEL REINFORCING FOR ALL SITE CONCRETE. 3. ALL DIMENSIONS ARE TO THE FACE OF CONCRETE WALL, FACE OF CONCRETE CURB OR GRID LINE U.N.O. 4. SEE "C" PLANS FOR ALL CONCRETE CURBS, GUTTERS AND SWALES. 5. THE ENTIRE PROJECT SHALL BE PERMANENTLY MAINTAINED WITH AN AUTOMATIC IRRIGATION SYSTEM. 6. SEE "C" DRAWINGS FOR POINT OF CONNECTIONS TO OFF-SITE UTILITIES. CONTRACTOR SHALL VERIFY ACTUAL UTILITY LOCATIONS. 7. PROVIDE POSITIVE DRAINAGE AWAY FROM BLDG. SEE "C" DRAWINGS. 8. CONTRACTOR TO REFER TO "C" DRAWINGS FOR ALL HORIZONTAL CONTROL DIMENSIONS. SITE PLANS ARE FOR GUIDANCE AND STARTING LAYOUT POINTS. 9. SEE "C"DRAWINGS FOR FINISH GRADE ELEVATIONS. 10. CONCRETE SIDEWALKS TO BE A MINIMUM OF 4" THICK W/ TOOLED JOINTS AT 6' O.C. EXPANSION/CONSTRUCTION JOINTS SHALL BE A MAXIMUM 12' EA. WAY. EXPANSION JOINTS TO HAVE COMPRESSIVE EXPANSION FILLER MATERIAL OF SITE LEGEND PATH OF TRAVEL LANDSCAPED AREA 26' WIDE FIRELANE CONCRETE PAVING. SEE "C" DRWGS. FOR THICKNESS STANDARD PARKING STALL ( 9' X 19') ACCESSIBLE PARKING STALL (9' X 19') W/ 5' ACCESSIBLE AISLE ACCESSIBLE PARKING STALL (VAN) (12' X 19') W/ 5' ACCESSIBLE AISLE 11. PAINT CURBS AND PROVIDE SIGNS TO INFORM OF FIRE LANES AS REQUIRED BY FIRE DEPARTMENT. 12. CONSTRUCTION DOCUMENTS PERTAINING TO THE LANDSCAPE AND IRRIGATION OF THE ENTIRE PROJECT SITE SHALL BE SUBMITTED TO THE BUILDING DEPARTMENT AND APPROVED BY PUBLIC FACILITIES DEVELOPMENT PRIOR TO ISSUANCE OF BUILDING PERMITS. 13. PRIOR TO FINAL CITY INSPECTION, THE LANDSCAPE ARCHITECT SHALL SUBMIT A CERTIFICATE OF COMPLETION TO PUBLIC FACILITIES DEVELOPMENT. 14. ALL LANDSCAPE AND IRRIGATION DESIGNS SHALL MEET CURRENT CITY STANDARDS AS LISTED IN GUIDELINES OR AS OBTAINED FROM PUBLIC FACILITIES DEVELOPMENT. 15. ALL VERTICAL MOUNTING POLES OF CHAIN LINK FENCING SHALL BE CAPPED. 16. LANDSCAPED AREAS SHALL BE DELINEATED WITH A MINIMUM SIX INCHES (6") HIGH CURB. 17. ALL SIGNAGE SHALL BE LEGIBLE, DURABLE, AND WEATHERPROOF. 18. EACH PROPOSED OFFICE AREA WILL REQUIRE ITS OWN TRASH ENCLOSURE. 91011 1213141516 EXTERIOR CONCRETE STAIR. CONCRETE CURB. SEE CIVIL DRAWINGS. LANDSCAPE. ALL LANDSCAPE AREAS INDICATED BY SHADING. PRE-CAST CONCRETE WHEEL STOP. CONCRETE FILLED GUARD POST "6 DIA. U.N.O. 42" H, TRASH ENCLOSURE PER CITY STANDARD. EXTERIOR BIKE RACK TYPICAL. 12' HIGH CONCRETE TILT-UP SCREEN WALL. 17181920 ACCESSIBLE ENTRY SIGN. ACCESSIBLE PARKING STALL SIGN. TRUNCATED DOME. APPROXIMATE LOCATION OF FIRE HYDRANT. 21 8' H METAL FENCE. 22 ADD SIGN "TRUCK PROHIBITED". 23 LUNCH TRELLIS - PROPOSED BREAK AREA LEGAL DESCRIPTION 17 2655
OVERALL FLOOR PLAN 1-DAB-A2.1 Owner: Project: Consultants: Project Number: Revision: Date: Drawn by: Title: Sheet: C I V I L STRUCTURAL MECHANICAL PLUMBING ELECTRICAL LANDSCAPE SOILS ENGINEER FIRE PROTECTION 21636 DH 4/21/22 fax: 949 863 0851 tel: 949 863 1770 email: [email protected] 92612 irvine, ca 18831 bardeen avenue, - ste. #100
hpa, inc. - Hunter--- TBD 260 NEWPORT CENTER DR. TEL: (949) 640-9995 _ Thienes-- CITRUS & OLEANDER AVE AT SANTA ANA AVE. FONTANA, CA (.1145.#$ 2174564+254'3 THESE NOTES ARE VERY MIN. REQUIREMENT. SEE "S" DWGS FOR ADDITIONAL REQUIREMENTS 1. FLOOR COMPACTION - 95% 2. TRENCH COMPACTION - 90% 3. BUILDING FLOOR SLAB: SEE STRUCTURAL DRAWINGS 4. CONTRACTOR TO BUILD FOR CLASS V FLOOR PER A.C.I. 302-IR-96 5. CONCRETE SLAB TO HAVE STEEL FLOAT HARD TROWEL BURNISHED FINISH. 6. CONTRACTOR TO CURE SLAB TO BE WET CURING USING BURLINE FOR 7 DAYS MIN. 7. ALL EQUIPMENT & MOVING VEHICLES SHALL BE DIAPERED. 8. NO CRANES, CONCRETE TRUCKS, OR ANYTHING HEAVIER WILL BE PLACED ON THE SLAB. 9. SLAB TO BE FF50 FL35 MEASURED WITHIN 24 HOURS. 10. NO FLY ASH IN THE CONCRETE CONCRETE SLAB IN FUTURE OFFICE AREAS, WHERE SAND OVER VIQUEEN ARE REQUIRED, SHALL BE NATURALLY HYDRATED WITHOUT USE OF BURLENE, CURING COMPOUND, OR RELEASE AGENTS. CONTROL/CONSTRUCTION JOINTS SHALL NOT BE FILLED WITH MM-80 JOINT FILLER IN FUTURE OFFICE AREAS. 12. SEAL CONCRETE SLAB W/ "LIPIDOLITH SEALER 11. WHERE INDICATED, PROVIDE VAPOR BARRIER (15MIL STEGO OR EQUAL) UNDER THE CONCRETE SLAB. PROVIDE SAND PER SOILS ENGINEER OR MANUFACTURER'S RECOMMENDATION. (.1142.#0)'0'4#.016'5 A. THIS BUILDING IS DESIGNED FOR HIGH PILE STORAGE WITH FIRE ACCESS MAN DOORS APPROX. 100' MAXIMUM. A SEPARATE PERMIT WILL BE REQUIRED FOR ANY RACKING/CONVEYER SYSTEMS. B. FIRE HOSE LOCATIONS SHALL BE APPROVED PER FIRE DEPARTMENT. C. THE BUILDING FLOOR SLAB IS SLOPED, SEE "C" DRAWINGS FOR FINISH SURFACE ELEVATIONS. D. PROVIDE 6" DIA. CONCRETE BOLLARD AT ALL FIRE RISER AND UNPROTECTED INTERIOR ROOF DRAIN. E. WAREHOUSE INTERIOR CONCRETE WALLS ARE PAINTED WHITE. COLUMNS ARE TO RECEIVE PRIMER ONLY. ALL GYP. BD. WALLS IN WAREHOUSE TO RECEIVE 1 COAT OF WHITE TO COVER. F. SLOPE POUR STRIP 1/2" TO EXTERIOR AT ALL MANDOOR EXITS. G. ALL DIMENSIONS ARE TO THE FACE OF CONCRETE PANEL WALL, GRIDLINE, OR FACE OF STUD U.N.O. H. SEE CIVIL DRAWINGS FOR POINT OF CONNECTIONS TO OFF-SITE UTILITIES. CONTRACTOR TO VERIFY ACTUAL UTILITY LOCATIONS. PLUMBING/ELECTRICAL COORDINATION. I. FOR DOOR TYPES AND SIZES, SEE DETAIL SHEET AD.4. NOTE: ALL DOORS PER DOOR SCHEDULE ARE FINISH OPENINGS. J. CONTRACTOR TO PROTECT AND KEEP THE FLOOR SLAB CLEAN. ALL EQUIPMENT TO BE DIAPERED INCLUDING CARS AND TRUCKS. K. ALL EXIT MAN DOORS IN WAREHOUSE TO HAVE ILLUMINATED EXIT SIGN. HARDWARE. L. HIGHLY FLAMMABLE AND COMBUSTIBLE MATERIAL SHALL NOT BE USED OR STORED IN THIS BUILDING. M. EACH EXTERIOR EXIT DOOR SHALL BE IDENTIFIED BY A TACTILE EXIT SIGN WITH THE WORDS "EXIT". THE MOUNTING HEIGHT FOR SUCH SIGNAGE SHALL BE 60" FROM FINISH FLOOR LEVEL TO THE CENTER OF THE SIGN. N. NON-ACCESSIBLE DOOR. PROVIDE WARNING SIGN LOCATED IN THE INTERIOR SIDE PER CBC 1133B.1.1.1 O. ALL ROOF MOUNTED MATERIALS SHALL BE FULLY SCREENED FROM PUBLIC VIEW. (.1142.#0-';016'5 213456789101112131415 CONCRETE TILT-UP PANEL. STRUCTURAL STEEL COLUMN. TYPICAL STOREFRONT SYSTEM WITH GLAZING. SEE OFFICE BLOW-UP AND ELEVATIONS FOR SIZE, COLOR AND LOCATIONS. CONCRETE RAMP W/ 42"HIGH CONC TILT-UP GUARD WALL OR BUILDING WALL ON BOTH SIDE OF RAMP. 5'-6"X5'-6"X4" THICK CONCRETE EXTERIOR LANDING PAD TYP. AT ALL EXTERIOR MAN DOORS TO LANDSCAPED AREAS. FINISH TO BE MEDIUM BROOM FINISH. PROVIDE WALK TO PUBLIC WAY OR DRIVE WAY AS REQ. BY CITY INSPECTOR. EXTERIOR CONCRETE STAIR W/ 42"HIGH CONC TILT-UP GUARD WALL OR BUILDING WALL 9' X 10' TRUCK DOOR, SECTIONAL O'H., STANDARD GRADE. 4' X 8' LOUVERED OPENING FOR VENTILATION. DOCK DOOR BUMPER TYPICAL. 12' X 14' DRIVE THRU. SECTIONAL O.H., STANDARD GRADE. 3' X 7' HOLLOW METAL EXTERIOR MAN DOOR. SOFFIT LINE ABOVE CONC. FILLED GUARD POST. 6" DIA. U.N.O.. 42"H. Z GUARD METAL CANOPY. 18 2656
'.'8#6+105 1-DAB-A3.1 Owner: Project: Consultants: 2TQLGEV0WODGT 4GXKUKQP
&CVG
&TCYPD[
6KVNG
5JGGV
%+8+. 5647%674#. /'%*#0+%#. 2.7/$+0) '.'%64+%#. .#0&5%#2' 51+.5'0)+0''4 (+4'2416'%6+10 &* HCZ VGN
GOCKN
JRC"JRCTEJUEQO KTXKPGEC DCTFGGPCXGPWGÄUVG JRCKPE Ä *WPVGTÄÄÄ 6$& 0'92146%'06'4&4 6'.
Ä A 6JKGPGUÄÄ %+6475 1.'#0&'4#8' #65#06##0##8' (106#0#%# ELEVATION KEYNOTES 21 CONCRETE TILT-UP PANEL. PANEL JOINT. 3456789101112 PANEL REVEAL. ALL REVEALS TO HAVE A MAX. OF 3/8" CHAMFER. REVEAL COLOR TO MATCH ADJACENT BUILDING FIELD COLOR. U.N.O. 12' X 14' OVERHEAD DOOR @ DRIVE THRU. PROVIDE COMPLETE WEATHER-STRIPPING PROTECTION ALL AROUND. CONCRETE STAIR, LANDING AND GUARDRAIL W/ METAL PIPE HANDRAIL. PROVIDE NON SKID NOSING TO MEET ADA REQUIREMENTS. PROVIDE CONTRASTING COLORED 3" WIDE WARNING STRIPE INTEGRAL TO CONCRETE AT TOP LANDING AND BOTTOM TREAD PER ADA REQUIREMENTS. 4' X 8' METAL LOUVER OPENING FOR VENTILATION. PAINT TO MATCH BUILDING COLOR. EXTERIOR DOWN SPOUTS W/ 2 OVERFLOW SCUPPERS. DOCK DOOR BUMPER TYPICAL. ALUMINUM STOREFRONT FRAMING WITH TEMPERED GLAZING AT ALL DOORS, SIDELITES ADJACENT TO DOORS AND GLAZING WITH BOTTOMS LESS THAN 18" ABOVE FINISH FLOOR ELEVATION. 9' X 10' OVERHEAD DOOR @ DRIVE THRU. PROVIDE COMPLETE WEATHER-STRIPPING PROTECTION ALL AROUND. HOLLOW METAL DOORS. PROVIDE COMPLETE WEATHER STRIPING ALL AROUND DOOR. CONC. FILLED GUARD POST. 6" DIA. U.N.O.. 42"H. 13 METAL CANOPY. 14 STRUCTURAL COLUMN. ELEVATION GENERAL NOTES 1. ALL PAINT COLOR CHANGES TO OCCUR AT INSIDE CORNERS UNLESS NOTED OTHERWISE. 2. ALL PAINT FINISHES ARE TO BE FLAT UNLESS NOTED OTHERWISE. 3. T.O.P. EL.= TOP OF PARAPET ELEVATION. 4. F.F. = FINISH FLOOR ELEVATION. 5. STOREFRONT CONSTRUCTION: GLASS, METAL ATTACHMENTS AND LINTELS SHALL BE DESIGNED TO RESIST - MPH. EXPOSURE "C" WINDS. CONTRACTOR SHALL SUBMIT SHOP DRAWINGS PRIOR TO INSTALLATION. 6. CONTRACTOR SHALL FULLY PAINT ONE CONCRETE PANEL W/ SELECTED COLORS. ARCHITECT AND OWNER SHALL APPROVE PRIOR TO PAINTING REMAINDER OF BUILDING. 7. BACK SIDE OF PARAPETS TO HAVE SMOOTH FINISH AND BE PAINTED WITH ELASTOMERIC PAINT. 8. FOR SPANDREL GLAZING, ALLOW SPACE BEHIND SPANDREL TO BREATH. 9. USE ADHESIVE BACK WOOD STRIPS FOR ALL REVEAL FORMS. 10. THE FIRST COAT OF PAINT TO BE ROLLED-ON AND THE SECOND COAT TO BE SPRAYED-ON ELEVATION COLOR LEGEND/SCHED. 21345 PAINT. COLOR : SW 7005 255-C1 PURE WHITE PAINT. COLOR : SW 7071 235-C1 GRAY SCREEN PAINT. COLOR : GLAZING COLOR : CLEAR GLASS MULLIONS COLOR : CLEAR ANODIZED PAINT. COLOR : PAINT. COLOR : SW 7075 235-C6 WEB GRAY CANOPY: SHERWIN WILLIAMS ACRYLIC LATEX SYSTEMS HIGH GLOSS/ HIGH PERFORMANCE IN COLOR: SW 7075 235-C6 WEB GREY @ I-BEAM CANOPY 678 SW 7074 235-C5 SOFTWARE SW 7073 235-C3 NETWORK GRAY GLAZING LEGEND NOTE: ALL EXTERIOR AND INTERIOR GLAZING SHALL BE TEMPERED. IV : INSULATED VISION GLASS 1/4" PPG SOLARCOOL GRAYLITE II + 1/4" SOLARBAN 60 CLEAR 1" INSULATED GLASS UNIT WITH 1/2" AIRSPACE AND 1/4" LITES U: 0.29 SHGC: 0.1, VLT: 5% MINIMUM VT TO BE 0.42 PER 2019 CEC TABLE 140.3-B SC : SPANDREL WITH CONCRETE BEHIND 1/4" SOLARCOOL GRAYLITE WITH HARMONY GRAY OPACICOAT PAINTED ON REFLECTIVE. INSTALLED ON CONCRETE. V : VISION GLASS 1/4" PPG SOLARCOOL GRAYLITE II MULLIONS : ANODIZED CLEAR. SPANDREL GLASS INSULATED VISION GLASS WITH CONCRETE BEHIND SINGLE LITE VISION GLASS 19 2657
Owner: Project: Consultants: 2TQLGEV0WODGT
4GXKUKQP
&CVG
&TCYPD[
6KVNG
5JGGV
%+8+. 5647%674#. /'%*#0+%#. 2.7/$+0) '.'%64+%#. .#0&5%#2' 51+.5'0)+0''4 (+4'2416'%6+10 &* HCZ VGN
GOCKN
JRC"JRCTEJUEQO KTXKPGEC DCTFGGPCXGPWGÄUVG JRCKPE Ä *WPVGTÄÄÄ 6$& 0'92146%'06'4&4 6'.
Ä A 6JKGPGUÄÄ %+6475 1.'#0&'4#8' #65#06##0##8' (106#0#%# 5'%6+105+)*6.+0' 1-DAB-A4.1 KEYMAP 20 2658
OVERALL SITE PLAN 2-DAB-A1.1 Owner: Project: Consultants: Project Number: Revision: Date: Drawn by: Title: Sheet: C I V I L STRUCTURAL MECHANICAL PLUMBING ELECTRICAL LANDSCAPE SOILS ENGINEER FIRE PROTECTION 21636 DH 4/21/22 fax: 949 863 0851 tel: 949 863 1770 email: [email protected] 92612 irvine, ca 18831 bardeen avenue, - ste. #100
hpa, inc. - Hunter--- TBD 260 NEWPORT CENTER DR. TEL: (949) 640-9995 _ Thienes-- CITRUS & OLEANDER AVE AT SANTA ANA AVE. FONTANA, CA 1((+%+#.75'10.; 241,'%6# 8+%+0+6;/#2 SITE 5+6'2.#0-';016'5 2134567891011 EXTERIOR CONCRETE STAIR. 5'-6"X5'-6"X4" THICK CONCRETE EXTERIOR LANDING PAD TYP. AT ALL EXTERIOR MAN DOORS TO LANDSCAPED AREAS. FINISH TO BE MEDIUM BROOM FINISH. PROVIDE WALK TO PUBLIC WAY OR DRIVE WAY AS REQ. BY CITY INSPECTOR. APPROXIMATE LOCATION OF TRANSFORMER. CONTRACTOR TO VERIFY WITH S.C.E., PROVIDE 8' HIGH METAL GATES W/ KNOX-BOX PER FIRE DEPARTMENT STANDARDS PER DRIVEWAY. CONCRETE RAMP W/ 42" HIGH CONCRETE WALL. EXTERIOR BIKE RACK TYPICAL. 12' HIGH CONCRETE TILT-UP SCREEN WALL. DRIVEWAY APRONS TO BE CONSTRUCTED CONCRETE WALKWAY, MEDIUM BROOM FINISH ASPHALT CONCRETE (AC) PAVING. HEAVY BROOM FINISH CONCRETE PAVEMENT. 5+6'2.#0)'0'4#.016'5 1. THE SITE PLAN BASED ON THE SOILS REPORT PREPARED BY: TBD 2. IF SOILS ARE EXPANSIVE IN NATURE, USE STEEL REINFORCING FOR ALL SITE CONCRETE. 3. ALL DIMENSIONS ARE TO THE FACE OF CONCRETE WALL, FACE OF CONCRETE CURB OR GRID LINE U.N.O. 4. SEE "C" PLANS FOR ALL CONCRETE CURBS, GUTTERS AND SWALES. 5. THE ENTIRE PROJECT SHALL BE PERMANENTLY MAINTAINED WITH AN AUTOMATIC IRRIGATION SYSTEM. 6. SEE "C" DRAWINGS FOR POINT OF CONNECTIONS TO OFF-SITE UTILITIES. CONTRACTOR SHALL VERIFY ACTUAL UTILITY LOCATIONS. 7. PROVIDE POSITIVE DRAINAGE AWAY FROM BLDG. SEE "C" DRAWINGS. 8. CONTRACTOR TO REFER TO "C" DRAWINGS FOR ALL HORIZONTAL CONTROL DIMENSIONS. SITE PLANS ARE FOR GUIDANCE AND STARTING LAYOUT POINTS. 9. SEE "C"DRAWINGS FOR FINISH GRADE ELEVATIONS. 10. CONCRETE SIDEWALKS TO BE A MINIMUM OF 4" THICK W/ TOOLED JOINTS AT 6' O.C. EXPANSION/CONSTRUCTION JOINTS SHALL BE A MAXIMUM 12' EA. WAY. EXPANSION JOINTS TO HAVE COMPRESSIVE EXPANSION FILLER MATERIAL OF 1/4". FINISH TO BE A MEDIUM BROOM FINISH U.N.O. 5+6'.')'0& PATH OF TRAVEL LANDSCAPED AREA 26' WIDE FIRELANE CONCRETE PAVING. SEE "C" DRWGS. FOR THICKNESS STANDARD PARKING STALL (9' X 19') ACCESSIBLE PARKING STALL (9' X 19') W/ 5' ACCESSIBLE AISLE ACCESSIBLE PARKING STALL (VAN) (12' X 19') W/ 5' ACCESSIBLE AISLE 11. PAINT CURBS AND PROVIDE SIGNS TO INFORM OF FIRE LANES AS REQUIRED BY FIRE DEPARTMENT. 12. CONSTRUCTION DOCUMENTS PERTAINING TO THE LANDSCAPE AND IRRIGATION OF THE ENTIRE PROJECT SITE SHALL BE SUBMITTED TO THE BUILDING DEPARTMENT AND APPROVED BY PUBLIC FACILITIES DEVELOPMENT PRIOR TO ISSUANCE OF BUILDING PERMITS. 13. PRIOR TO FINAL CITY INSPECTION, THE LANDSCAPE ARCHITECT SHALL SUBMIT A CERTIFICATE OF COMPLETION TO PUBLIC FACILITIES DEVELOPMENT. 14. ALL LANDSCAPE AND IRRIGATION DESIGNS SHALL MEET CURRENT CITY STANDARDS AS LISTED IN GUIDELINES OR AS OBTAINED FROM PUBLIC FACILITIES DEVELOPMENT. 15. ALL VERTICAL MOUNTING POLES OF CHAIN LINK FENCING SHALL BE CAPPED. 16. LANDSCAPED AREAS SHALL BE DELINEATED WITH A MINIMUM SIX INCHES (6") HIGH CURB. 17. ALL SIGNAGE SHALL BE LEGIBLE, DURABLE, AND WEATHERPROOF. 121314151617181920 CONCRETE CURB. SEE CIVIL DRAWINGS. LANDSCAPE. ALL LANDSCAPE AREAS INDICATED BY SHADING. PRE-CAST CONCRETE WHEEL STOP. CONCRETE FILLED GUARD POST "6 DIA. U.N.O. 42" H, TRASH ENCLOSURE PER CITY STANDARD. ACCESSIBLE ENTRY SIGN. ACCESSIBLE PARKING STALL SIGN. TRUNCATED DOME. APPROXIMATE LOCATION OF FIRE HYDRANT. 21 8' H METAL FENCE. 22 ADD SIGN "TRUCK PROHIBITED". 23 LUNCH TRELLIS - PROPOSED BREAK AREA 2412'46;190'4 #&&4'551(6*'2412'46; #55'551452#4%'.07/$'4 #22.+%#06 #22.+%#0654'24'5'06#6+8' <10+0) .')#.&'5%4+26+10 21 2659
OVERALL FLOOR PLAN 2-DAB-A2.1 Owner: Project: Consultants: Project Number: Revision: Date: Drawn by: Title: Sheet: C I V I L STRUCTURAL MECHANICAL PLUMBING ELECTRICAL LANDSCAPE SOILS ENGINEER FIRE PROTECTION 21636 DH 4/21/22 fax: 949 863 0851 tel: 949 863 1770 email: [email protected] 92612 irvine, ca 18831 bardeen avenue, - ste. #100
hpa, inc. - Hunter--- TBD 260 NEWPORT CENTER DR. TEL: (949) 640-9995 _ Thienes-- CITRUS & OLEANDER AVE AT SANTA ANA AVE. FONTANA, CA (.1142.#0-';016'5 213456789101112131415 CONCRETE TILT-UP PANEL. STRUCTURAL STEEL COLUMN. TYPICAL STOREFRONT SYSTEM WITH GLAZING. SEE OFFICE BLOW-UP AND ELEVATIONS FOR SIZE, COLOR AND LOCATIONS. CONCRETE RAMP W/ 42"HIGH CONC TILT-UP GUARD WALL OR BUILDING WALL ON BOTH SIDE OF RAMP. 5'-6"X5'-6"X4" THICK CONCRETE EXTERIOR LANDING PAD TYP. AT ALL EXTERIOR MAN DOORS TO LANDSCAPED AREAS. FINISH TO BE MEDIUM BROOM FINISH. PROVIDE WALK TO PUBLIC WAY OR DRIVE WAY AS REQ. BY CITY INSPECTOR. EXTERIOR CONCRETE STAIR W/ 42"HIGH CONC TILT-UP GUARD WALL OR BUILDING WALL 9' X 10' TRUCK DOOR, SECTIONAL O'H., STANDARD GRADE. 4' X 8' LOUVERED OPENING FOR VENTILATION. DOCK DOOR BUMPER TYPICAL. 12' X 14' DRIVE THRU. SECTIONAL O.H., STANDARD GRADE. 3' X 7' HOLLOW METAL EXTERIOR MAN DOOR. SOFFIT LINE ABOVE CONC. FILLED GUARD POST. 6" DIA. U.N.O.. 42"H. Z GUARD METAL CANOPY. (.1142.#0)'0'4#.016'5 A. THIS BUILDING IS DESIGNED FOR HIGH PILE STORAGE WITH FIRE ACCESS MAN DOORS APPROX. 100' MAXIMUM. A SEPARATE PERMIT WILL BE REQUIRED FOR ANY RACKING/CONVEYER SYSTEMS. B. FIRE HOSE LOCATIONS SHALL BE APPROVED PER FIRE DEPARTMENT. C. THE BUILDING FLOOR SLAB IS SLOPED, SEE "C" DRAWINGS FOR FINISH SURFACE ELEVATIONS. D. PROVIDE 6" DIA. CONCRETE BOLLARD AT ALL FIRE RISER AND UNPROTECTED INTERIOR ROOF DRAIN. E. WAREHOUSE INTERIOR CONCRETE WALLS ARE PAINTED WHITE. COLUMNS ARE TO RECEIVE PRIMER ONLY. ALL GYP. BD. WALLS IN WAREHOUSE TO RECEIVE 1 COAT OF WHITE TO COVER. F. SLOPE POUR STRIP 1/2" TO EXTERIOR AT ALL MANDOOR EXITS. G. ALL DIMENSIONS ARE TO THE FACE OF CONCRETE PANEL WALL, GRIDLINE, OR FACE OF STUD U.N.O. H. SEE CIVIL DRAWINGS FOR POINT OF CONNECTIONS TO OFF-SITE UTILITIES. CONTRACTOR TO VERIFY ACTUAL UTILITY LOCATIONS. PLUMBING/ELECTRICAL COORDINATION. I. FOR DOOR TYPES AND SIZES, SEE DETAIL SHEET AD.4. NOTE: ALL DOORS PER DOOR SCHEDULE ARE FINISH OPENINGS. J. CONTRACTOR TO PROTECT AND KEEP THE FLOOR SLAB CLEAN. ALL EQUIPMENT TO BE DIAPERED INCLUDING CARS AND TRUCKS. K. ALL EXIT MAN DOORS IN WAREHOUSE TO HAVE ILLUMINATED EXIT SIGN. HARDWARE. L. HIGHLY FLAMMABLE AND COMBUSTIBLE MATERIAL SHALL NOT BE USED OR STORED IN THIS BUILDING. M. EACH EXTERIOR EXIT DOOR SHALL BE IDENTIFIED BY A TACTILE EXIT SIGN WITH THE WORDS "EXIT". THE MOUNTING HEIGHT FOR SUCH SIGNAGE SHALL BE 60" FROM FINISH FLOOR LEVEL TO THE CENTER OF THE SIGN. N. NON-ACCESSIBLE DOOR. PROVIDE WARNING SIGN LOCATED IN THE INTERIOR SIDE PER CBC 1133B.1.1.1 O. ALL ROOF MOUNTED MATERIALS SHALL BE FULLY SCREENED FROM PUBLIC VIEW. (.1145.#$ 2174564+254'3 THESE NOTES ARE VERY MIN. REQUIREMENT. SEE "S" DWGS FOR ADDITIONAL REQUIREMENTS 1. FLOOR COMPACTION - 95% 2. TRENCH COMPACTION - 90% 3. BUILDING FLOOR SLAB: SEE STRUCTURAL DRAWINGS 4. CONTRACTOR TO BUILD FOR CLASS V FLOOR PER A.C.I. 302-IR-96 5. CONCRETE SLAB TO HAVE STEEL FLOAT HARD TROWEL BURNISHED FINISH. 6. CONTRACTOR TO CURE SLAB TO BE WET CURING USING BURLINE FOR 7 DAYS MIN. 7. ALL EQUIPMENT & MOVING VEHICLES SHALL BE DIAPERED. 8. NO CRANES, CONCRETE TRUCKS, OR ANYTHING HEAVIER WILL BE PLACED ON THE SLAB. 9. SLAB TO BE FF50 FL35 MEASURED WITHIN 24 HOURS. 10. NO FLY ASH IN THE CONCRETE CONCRETE SLAB IN FUTURE OFFICE AREAS, WHERE SAND OVER VIQUEEN ARE REQUIRED, SHALL BE NATURALLY HYDRATED WITHOUT USE OF BURLENE, CURING COMPOUND, OR RELEASE AGENTS. CONTROL/CONSTRUCTION JOINTS SHALL NOT BE FILLED WITH MM-80 JOINT FILLER IN FUTURE OFFICE AREAS. 12. SEAL CONCRETE SLAB W/ "LIPIDOLITH SEALER 11. WHERE INDICATED, PROVIDE VAPOR BARRIER (15MIL STEGO OR EQUAL) UNDER THE CONCRETE SLAB. PROVIDE SAND PER SOILS ENGINEER OR MANUFACTURER'S RECOMMENDATION. 22 2660
'.'8#6+105 2-DAB-A3.1 Owner: Project: Consultants: 2TQLGEV0WODGT 4GXKUKQP
&CVG
&TCYPD[
6KVNG
5JGGV
%+8+. 5647%674#. /'%*#0+%#. 2.7/$+0) '.'%64+%#. .#0&5%#2' 51+.5'0)+0''4 (+4'2416'%6+10 &* HCZ VGN
GOCKN
JRC"JRCTEJUEQO KTXKPGEC DCTFGGPCXGPWGÄUVG JRCKPE Ä *WPVGTÄÄÄ 6$& 0'92146%'06'4&4 6'.
Ä A 6JKGPGUÄÄ %+6475 1.'#0&'4#8' #65#06##0##8' (106#0#%# ELEVATION KEYNOTES 21 CONCRETE TILT-UP PANEL. PANEL JOINT. 3456789101112 PANEL REVEAL. ALL REVEALS TO HAVE A MAX. OF 3/8" CHAMFER. REVEAL COLOR TO MATCH ADJACENT BUILDING FIELD COLOR. U.N.O. 12' X 14' OVERHEAD DOOR @ DRIVE THRU. PROVIDE COMPLETE WEATHER-STRIPPING PROTECTION ALL AROUND. CONCRETE STAIR, LANDING AND GUARDRAIL W/ METAL PIPE HANDRAIL. PROVIDE NON SKID NOSING TO MEET ADA REQUIREMENTS. PROVIDE CONTRASTING COLORED 3" WIDE WARNING STRIPE INTEGRAL TO CONCRETE AT TOP LANDING AND BOTTOM TREAD PER ADA REQUIREMENTS. 4' X 8' METAL LOUVER OPENING FOR VENTILATION. PAINT TO MATCH BUILDING COLOR. EXTERIOR DOWN SPOUTS W/ 2 OVERFLOW SCUPPERS. DOCK DOOR BUMPER TYPICAL. ALUMINUM STOREFRONT FRAMING WITH TEMPERED GLAZING AT ALL DOORS, SIDELITES ADJACENT TO DOORS AND GLAZING WITH BOTTOMS LESS THAN 18" ABOVE FINISH FLOOR ELEVATION. 9' X 10' OVERHEAD DOOR @ DRIVE THRU. PROVIDE COMPLETE WEATHER-STRIPPING PROTECTION ALL AROUND. HOLLOW METAL DOORS. PROVIDE COMPLETE WEATHER STRIPING ALL AROUND DOOR. CONC. FILLED GUARD POST. 6" DIA. U.N.O.. 42"H. 13 METAL CANOPY. 14 STRUCTURAL COLUMN. ELEVATION GENERAL NOTES 1. ALL PAINT COLOR CHANGES TO OCCUR AT INSIDE CORNERS UNLESS NOTED OTHERWISE. 2. ALL PAINT FINISHES ARE TO BE FLAT UNLESS NOTED OTHERWISE. 3. T.O.P. EL.= TOP OF PARAPET ELEVATION. 4. F.F. = FINISH FLOOR ELEVATION. 5. STOREFRONT CONSTRUCTION: GLASS, METAL ATTACHMENTS AND LINTELS SHALL BE DESIGNED TO RESIST - MPH. EXPOSURE "C" WINDS. CONTRACTOR SHALL SUBMIT SHOP DRAWINGS PRIOR TO INSTALLATION. 6. CONTRACTOR SHALL FULLY PAINT ONE CONCRETE PANEL W/ SELECTED COLORS. ARCHITECT AND OWNER SHALL APPROVE PRIOR TO PAINTING REMAINDER OF BUILDING. 7. BACK SIDE OF PARAPETS TO HAVE SMOOTH FINISH AND BE PAINTED WITH ELASTOMERIC PAINT. 8. FOR SPANDREL GLAZING, ALLOW SPACE BEHIND SPANDREL TO BREATH. 9. USE ADHESIVE BACK WOOD STRIPS FOR ALL REVEAL FORMS. 10. THE FIRST COAT OF PAINT TO BE ROLLED-ON AND THE SECOND COAT TO BE SPRAYED-ON ELEVATION COLOR LEGEND/SCHED. 21345 PAINT. COLOR : SW 7005 255-C1 PURE WHITE PAINT. COLOR : SW 7071 235-C1 GRAY SCREEN PAINT. COLOR : GLAZING COLOR : CLEAR GLASS MULLIONS COLOR : CLEAR ANODIZED PAINT. COLOR : PAINT. COLOR : SW 7075 235-C6 WEB GRAY CANOPY: SHERWIN WILLIAMS ACRYLIC LATEX SYSTEMS HIGH GLOSS/ HIGH PERFORMANCE IN COLOR: SW 7075 235-C6 WEB GREY @ I-BEAM CANOPY 678 SW 7074 235-C5 SOFTWARE SW 7073 235-C3 NETWORK GRAY GLAZING LEGEND NOTE: ALL EXTERIOR AND INTERIOR GLAZING SHALL BE TEMPERED. IV : INSULATED VISION GLASS 1/4" PPG SOLARCOOL GRAYLITE II + 1/4" SOLARBAN 60 CLEAR 1" INSULATED GLASS UNIT WITH 1/2" AIRSPACE AND 1/4" LITES U: 0.29 SHGC: 0.1, VLT: 5% MINIMUM VT TO BE 0.42 PER 2019 CEC TABLE 140.3-B SC : SPANDREL WITH CONCRETE BEHIND 1/4" SOLARCOOL GRAYLITE WITH HARMONY GRAY OPACICOAT PAINTED ON REFLECTIVE. INSTALLED ON CONCRETE. V : VISION GLASS 1/4" PPG SOLARCOOL GRAYLITE II MULLIONS : ANODIZED CLEAR. SPANDREL GLASS INSULATED VISION GLASS WITH CONCRETE BEHIND SINGLE LITE VISION GLASS 23 2661
Owner: Project: Consultants: 2TQLGEV0WODGT
4GXKUKQP
&CVG
&TCYPD[
6KVNG
5JGGV
%+8+. 5647%674#. /'%*#0+%#. 2.7/$+0) '.'%64+%#. .#0&5%#2' 51+.5'0)+0''4 (+4'2416'%6+10 &* HCZ VGN
GOCKN
JRC"JRCTEJUEQO KTXKPGEC DCTFGGPCXGPWGÄUVG JRCKPE Ä *WPVGTÄÄÄ 6$& 0'92146%'06'4&4 6'.
Ä A 6JKGPGUÄÄ %+6475 1.'#0&'4#8' #65#06##0##8' (106#0#%# 5'%6+105+)*6.+0' 2-DAB-A4.1 KEYMAP 24 2662
OVERALL SITE PLAN 3-DAB-A1.1 Owner: Project: Consultants: Project Number: Revision: Date: Drawn by: Title: Sheet: C I V I L STRUCTURAL MECHANICAL PLUMBING ELECTRICAL LANDSCAPE SOILS ENGINEER FIRE PROTECTION 21636 DH 4/21/22 fax: 949 863 0851 tel: 949 863 1770 email: [email protected] 92612 irvine, ca 18831 bardeen avenue, - ste. #100
hpa, inc. - Hunter--- TBD 260 NEWPORT CENTER DR. TEL: (949) 640-9995 _ Thienes-- CITRUS & OLEANDER AVE AT SANTA ANA AVE. FONTANA, CA 1((+%+#.75'10.; 241,'%6# 8+%+0+6;/#2 SITE 5+6'2.#0-';016'5 21345678 5'-6"X5'-6"X4" THICK CONCRETE EXTERIOR LANDING PAD TYP. AT ALL EXTERIOR MAN DOORS TO LANDSCAPED AREAS. FINISH TO BE MEDIUM BROOM FINISH. PROVIDE WALK TO PUBLIC WAY OR DRIVE WAY AS REQ. BY CITY INSPECTOR. APPROXIMATE LOCATION OF TRANSFORMER. CONTRACTOR TO VERIFY WITH S.C.E., PROVIDE 8' HIGH METAL GATES W/ KNOX-BOX PER FIRE DEPARTMENT STANDARDS PER DRIVEWAY. CONCRETE RAMP W/ 42" HIGH CONCRETE WALL. DRIVEWAY APRONS TO BE CONSTRUCTED CONCRETE WALKWAY, MEDIUM BROOM FINISH ASPHALT CONCRETE (AC) PAVING. HEAVY BROOM FINISH CONCRETE PAVEMENT. 5+6'2.#0)'0'4#.016'5 1. THE SITE PLAN BASED ON THE SOILS REPORT PREPARED BY: TBD 2. IF SOILS ARE EXPANSIVE IN NATURE, USE STEEL REINFORCING FOR ALL SITE CONCRETE. 3. ALL DIMENSIONS ARE TO THE FACE OF CONCRETE WALL, FACE OF CONCRETE CURB OR GRID LINE U.N.O. 4. SEE "C" PLANS FOR ALL CONCRETE CURBS, GUTTERS AND SWALES. 5. THE ENTIRE PROJECT SHALL BE PERMANENTLY MAINTAINED WITH AN AUTOMATIC IRRIGATION SYSTEM. 6. SEE "C" DRAWINGS FOR POINT OF CONNECTIONS TO OFF-SITE UTILITIES. CONTRACTOR SHALL VERIFY ACTUAL UTILITY LOCATIONS. 7. PROVIDE POSITIVE DRAINAGE AWAY FROM BLDG. SEE "C" DRAWINGS. 8. CONTRACTOR TO REFER TO "C" DRAWINGS FOR ALL HORIZONTAL CONTROL DIMENSIONS. SITE PLANS ARE FOR GUIDANCE AND STARTING LAYOUT POINTS. 9. SEE "C"DRAWINGS FOR FINISH GRADE ELEVATIONS. 10. CONCRETE SIDEWALKS TO BE A MINIMUM OF 4" THICK W/ TOOLED JOINTS AT 6' O.C. EXPANSION/CONSTRUCTION JOINTS SHALL BE A MAXIMUM 12' EA. WAY. EXPANSION JOINTS TO HAVE COMPRESSIVE EXPANSION FILLER MATERIAL OF 5+6'.')'0& PATH OF TRAVEL LANDSCAPED AREA 26' WIDE FIRELANE CONCRETE PAVING. SEE "C" DRWGS. FOR THICKNESS STANDARD PARKING STALL ( 9' X 19') ACCESSIBLE PARKING STALL (9' X 19') W/ 5' ACCESSIBLE AISLE ACCESSIBLE PARKING STALL (VAN) (12' X 19') W/ 5' ACCESSIBLE AISLE 11. PAINT CURBS AND PROVIDE SIGNS TO INFORM OF FIRE LANES AS REQUIRED BY FIRE DEPARTMENT. 12. CONSTRUCTION DOCUMENTS PERTAINING TO THE LANDSCAPE AND IRRIGATION OF THE ENTIRE PROJECT SITE SHALL BE SUBMITTED TO THE BUILDING DEPARTMENT AND APPROVED BY PUBLIC FACILITIES DEVELOPMENT PRIOR TO ISSUANCE OF BUILDING PERMITS. 13. PRIOR TO FINAL CITY INSPECTION, THE LANDSCAPE ARCHITECT SHALL SUBMIT A CERTIFICATE OF COMPLETION TO PUBLIC FACILITIES DEVELOPMENT. 14. ALL LANDSCAPE AND IRRIGATION DESIGNS SHALL MEET CURRENT CITY STANDARDS AS LISTED IN GUIDELINES OR AS OBTAINED FROM PUBLIC FACILITIES DEVELOPMENT. 15. ALL VERTICAL MOUNTING POLES OF CHAIN LINK FENCING SHALL BE CAPPED. 16. LANDSCAPED AREAS SHALL BE DELINEATED WITH A MINIMUM SIX INCHES (6") HIGH CURB. 17. ALL SIGNAGE SHALL BE LEGIBLE, DURABLE, AND WEATHERPROOF. 18. EACH PROPOSED OFFICE AREA WILL REQUIRE ITS OWN TRASH ENCLOSURE. 91011 1213141516 EXTERIOR CONCRETE STAIR. CONCRETE CURB. SEE CIVIL DRAWINGS. LANDSCAPE. ALL LANDSCAPE AREAS INDICATED BY SHADING. PRE-CAST CONCRETE WHEEL STOP. CONCRETE FILLED GUARD POST "6 DIA. U.N.O. 42" H, TRASH ENCLOSURE PER CITY STANDARD. EXTERIOR BIKE RACK TYPICAL. 12' HIGH CONCRETE TILT-UP SCREEN WALL. 17181920 ACCESSIBLE ENTRY SIGN. ACCESSIBLE PARKING STALL SIGN. TRUNCATED DOME. APPROXIMATE LOCATION OF FIRE HYDRANT. 21 8' H METAL FENCE. 22 ADD SIGN "TRUCK PROHIBITED". 23 LUNCH TRELLIS - PROPOSED BREAK AREA 2412'46;190'4 #&&4'551(6*'2412'46; #55'551452#4%'.07/$'4 #22.+%#06 #22.+%#0654'24'5'06#6+8' <10+0) .')#.&'5%4+26+10 25 2663
OVERALL FLOOR PLAN 3-DAB-A2.1 Owner: Project: Consultants: Project Number: Revision: Date: Drawn by: Title: Sheet: C I V I L STRUCTURAL MECHANICAL PLUMBING ELECTRICAL LANDSCAPE SOILS ENGINEER FIRE PROTECTION 21636 DH 4/21/22 fax: 949 863 0851 tel: 949 863 1770 email: [email protected] 92612 irvine, ca 18831 bardeen avenue, - ste. #100
hpa, inc. - Hunter--- TBD 260 NEWPORT CENTER DR. TEL: (949) 640-9995 _ Thienes-- CITRUS & OLEANDER AVE AT SANTA ANA AVE. FONTANA, CA (.1142.#0-';016'5 213456789101112131415 CONCRETE TILT-UP PANEL. STRUCTURAL STEEL COLUMN. TYPICAL STOREFRONT SYSTEM WITH GLAZING. SEE OFFICE BLOW-UP AND ELEVATIONS FOR SIZE, COLOR AND LOCATIONS. CONCRETE RAMP W/ 42"HIGH CONC TILT-UP GUARD WALL OR BUILDING WALL ON BOTH SIDE OF RAMP. 5'-6"X5'-6"X4" THICK CONCRETE EXTERIOR LANDING PAD TYP. AT ALL EXTERIOR MAN DOORS TO LANDSCAPED AREAS. FINISH TO BE MEDIUM BROOM FINISH. PROVIDE WALK TO PUBLIC WAY OR DRIVE WAY AS REQ. BY CITY INSPECTOR. EXTERIOR CONCRETE STAIR W/ 42"HIGH CONC TILT-UP GUARD WALL OR BUILDING WALL 9' X 10' TRUCK DOOR, SECTIONAL O'H., STANDARD GRADE. 4' X 8' LOUVERED OPENING FOR VENTILATION. DOCK DOOR BUMPER TYPICAL. 12' X 14' DRIVE THRU. SECTIONAL O.H., STANDARD GRADE. 3' X 7' HOLLOW METAL EXTERIOR MAN DOOR. SOFFIT LINE ABOVE CONC. FILLED GUARD POST. 6" DIA. U.N.O.. 42"H. Z GUARD METAL CANOPY. (.1142.#0)'0'4#.016'5 A. THIS BUILDING IS DESIGNED FOR HIGH PILE STORAGE WITH FIRE ACCESS MAN DOORS APPROX. 100' MAXIMUM. A SEPARATE PERMIT WILL BE REQUIRED FOR ANY RACKING/CONVEYER SYSTEMS. B. FIRE HOSE LOCATIONS SHALL BE APPROVED PER FIRE DEPARTMENT. C. THE BUILDING FLOOR SLAB IS SLOPED, SEE "C" DRAWINGS FOR FINISH SURFACE ELEVATIONS. D. PROVIDE 6" DIA. CONCRETE BOLLARD AT ALL FIRE RISER AND UNPROTECTED INTERIOR ROOF DRAIN. E. WAREHOUSE INTERIOR CONCRETE WALLS ARE PAINTED WHITE. COLUMNS ARE TO RECEIVE PRIMER ONLY. ALL GYP. BD. WALLS IN WAREHOUSE TO RECEIVE 1 COAT OF WHITE TO COVER. F. SLOPE POUR STRIP 1/2" TO EXTERIOR AT ALL MANDOOR EXITS. G. ALL DIMENSIONS ARE TO THE FACE OF CONCRETE PANEL WALL, GRIDLINE, OR FACE OF STUD U.N.O. H. SEE CIVIL DRAWINGS FOR POINT OF CONNECTIONS TO OFF-SITE UTILITIES. CONTRACTOR TO VERIFY ACTUAL UTILITY LOCATIONS. PLUMBING/ELECTRICAL COORDINATION. I. FOR DOOR TYPES AND SIZES, SEE DETAIL SHEET AD.4. NOTE: ALL DOORS PER DOOR SCHEDULE ARE FINISH OPENINGS. J. CONTRACTOR TO PROTECT AND KEEP THE FLOOR SLAB CLEAN. ALL EQUIPMENT TO BE DIAPERED INCLUDING CARS AND TRUCKS. K. ALL EXIT MAN DOORS IN WAREHOUSE TO HAVE ILLUMINATED EXIT SIGN. HARDWARE. L. HIGHLY FLAMMABLE AND COMBUSTIBLE MATERIAL SHALL NOT BE USED OR STORED IN THIS BUILDING. M. EACH EXTERIOR EXIT DOOR SHALL BE IDENTIFIED BY A TACTILE EXIT SIGN WITH THE WORDS "EXIT". THE MOUNTING HEIGHT FOR SUCH SIGNAGE SHALL BE 60" FROM FINISH FLOOR LEVEL TO THE CENTER OF THE SIGN. N. NON-ACCESSIBLE DOOR. PROVIDE WARNING SIGN LOCATED IN THE INTERIOR SIDE PER CBC 1133B.1.1.1 O. ALL ROOF MOUNTED MATERIALS SHALL BE FULLY SCREENED FROM PUBLIC VIEW. (.1145.#$ 2174564+254'3 THESE NOTES ARE VERY MIN. REQUIREMENT. SEE "S" DWGS FOR ADDITIONAL REQUIREMENTS 1. FLOOR COMPACTION - 95% 2. TRENCH COMPACTION - 90% 3. BUILDING FLOOR SLAB: SEE STRUCTURAL DRAWINGS 4. CONTRACTOR TO BUILD FOR CLASS V FLOOR PER A.C.I. 302-IR-96 5. CONCRETE SLAB TO HAVE STEEL FLOAT HARD TROWEL BURNISHED FINISH. 6. CONTRACTOR TO CURE SLAB TO BE WET CURING USING BURLINE FOR 7 DAYS MIN. 7. ALL EQUIPMENT & MOVING VEHICLES SHALL BE DIAPERED. 8. NO CRANES, CONCRETE TRUCKS, OR ANYTHING HEAVIER WILL BE PLACED ON THE SLAB. 9. SLAB TO BE FF50 FL35 MEASURED WITHIN 24 HOURS. 10. NO FLY ASH IN THE CONCRETE CONCRETE SLAB IN FUTURE OFFICE AREAS, WHERE SAND OVER VIQUEEN ARE REQUIRED, SHALL BE NATURALLY HYDRATED WITHOUT USE OF BURLENE, CURING COMPOUND, OR RELEASE AGENTS. CONTROL/CONSTRUCTION JOINTS SHALL NOT BE FILLED WITH MM-80 JOINT FILLER IN FUTURE OFFICE AREAS. 12. SEAL CONCRETE SLAB W/ "LIPIDOLITH SEALER 11. WHERE INDICATED, PROVIDE VAPOR BARRIER (15MIL STEGO OR EQUAL) UNDER THE CONCRETE SLAB. PROVIDE SAND PER SOILS ENGINEER OR MANUFACTURER'S RECOMMENDATION. 26 2664
'.'8#6+105 3-DAB-A3.1 Owner: Project: Consultants: 2TQLGEV0WODGT 4GXKUKQP
&CVG
&TCYPD[
6KVNG
5JGGV
%+8+. 5647%674#. /'%*#0+%#. 2.7/$+0) '.'%64+%#. .#0&5%#2' 51+.5'0)+0''4 (+4'2416'%6+10 &* HCZ VGN
GOCKN
JRC"JRCTEJUEQO KTXKPGEC DCTFGGPCXGPWGÄUVG JRCKPE Ä *WPVGTÄÄÄ 6$& 0'92146%'06'4&4 6'.
Ä A 6JKGPGUÄÄ %+6475 1.'#0&'4#8' #65#06##0##8' (106#0#%# ELEVATION KEYNOTES 21 CONCRETE TILT-UP PANEL. PANEL JOINT. 3456789101112 PANEL REVEAL. ALL REVEALS TO HAVE A MAX. OF 3/8" CHAMFER. REVEAL COLOR TO MATCH ADJACENT BUILDING FIELD COLOR. U.N.O. 12' X 14' OVERHEAD DOOR @ DRIVE THRU. PROVIDE COMPLETE WEATHER-STRIPPING PROTECTION ALL AROUND. CONCRETE STAIR, LANDING AND GUARDRAIL W/ METAL PIPE HANDRAIL. PROVIDE NON SKID NOSING TO MEET ADA REQUIREMENTS. PROVIDE CONTRASTING COLORED 3" WIDE WARNING STRIPE INTEGRAL TO CONCRETE AT TOP LANDING AND BOTTOM TREAD PER ADA REQUIREMENTS. 4' X 8' METAL LOUVER OPENING FOR VENTILATION. PAINT TO MATCH BUILDING COLOR. EXTERIOR DOWN SPOUTS W/ 2 OVERFLOW SCUPPERS. DOCK DOOR BUMPER TYPICAL. ALUMINUM STOREFRONT FRAMING WITH TEMPERED GLAZING AT ALL DOORS, SIDELITES ADJACENT TO DOORS AND GLAZING WITH BOTTOMS LESS THAN 18" ABOVE FINISH FLOOR ELEVATION. 9' X 10' OVERHEAD DOOR @ DRIVE THRU. PROVIDE COMPLETE WEATHER-STRIPPING PROTECTION ALL AROUND. HOLLOW METAL DOORS. PROVIDE COMPLETE WEATHER STRIPING ALL AROUND DOOR. CONC. FILLED GUARD POST. 6" DIA. U.N.O.. 42"H. 13 METAL CANOPY. 14 STRUCTURAL COLUMN. ELEVATION GENERAL NOTES 1. ALL PAINT COLOR CHANGES TO OCCUR AT INSIDE CORNERS UNLESS NOTED OTHERWISE. 2. ALL PAINT FINISHES ARE TO BE FLAT UNLESS NOTED OTHERWISE. 3. T.O.P. EL.= TOP OF PARAPET ELEVATION. 4. F.F. = FINISH FLOOR ELEVATION. 5. STOREFRONT CONSTRUCTION: GLASS, METAL ATTACHMENTS AND LINTELS SHALL BE DESIGNED TO RESIST - MPH. EXPOSURE "C" WINDS. CONTRACTOR SHALL SUBMIT SHOP DRAWINGS PRIOR TO INSTALLATION. 6. CONTRACTOR SHALL FULLY PAINT ONE CONCRETE PANEL W/ SELECTED COLORS. ARCHITECT AND OWNER SHALL APPROVE PRIOR TO PAINTING REMAINDER OF BUILDING. 7. BACK SIDE OF PARAPETS TO HAVE SMOOTH FINISH AND BE PAINTED WITH ELASTOMERIC PAINT. 8. FOR SPANDREL GLAZING, ALLOW SPACE BEHIND SPANDREL TO BREATH. 9. USE ADHESIVE BACK WOOD STRIPS FOR ALL REVEAL FORMS. 10. THE FIRST COAT OF PAINT TO BE ROLLED-ON AND THE SECOND COAT TO BE SPRAYED-ON ELEVATION COLOR LEGEND/SCHED. 21345 PAINT. COLOR : SW 7005 255-C1 PURE WHITE PAINT. COLOR : SW 7071 235-C1 GRAY SCREEN PAINT. COLOR : GLAZING COLOR : CLEAR GLASS MULLIONS COLOR : CLEAR ANODIZED PAINT. COLOR : PAINT. COLOR : SW 7075 235-C6 WEB GRAY CANOPY: SHERWIN WILLIAMS ACRYLIC LATEX SYSTEMS HIGH GLOSS/ HIGH PERFORMANCE IN COLOR: SW 7075 235-C6 WEB GREY @ I-BEAM CANOPY 678 SW 7074 235-C5 SOFTWARE SW 7073 235-C3 NETWORK GRAY GLAZING LEGEND NOTE: ALL EXTERIOR AND INTERIOR GLAZING SHALL BE TEMPERED. IV : INSULATED VISION GLASS 1/4" PPG SOLARCOOL GRAYLITE II + 1/4" SOLARBAN 60 CLEAR 1" INSULATED GLASS UNIT WITH 1/2" AIRSPACE AND 1/4" LITES U: 0.29 SHGC: 0.1, VLT: 5% MINIMUM VT TO BE 0.42 PER 2019 CEC TABLE 140.3-B SC : SPANDREL WITH CONCRETE BEHIND 1/4" SOLARCOOL GRAYLITE WITH HARMONY GRAY OPACICOAT PAINTED ON REFLECTIVE. INSTALLED ON CONCRETE. V : VISION GLASS 1/4" PPG SOLARCOOL GRAYLITE II MULLIONS : ANODIZED CLEAR. SPANDREL GLASS INSULATED VISION GLASS WITH CONCRETE BEHIND SINGLE LITE VISION GLASS 27 2665
Owner: Project: Consultants: 2TQLGEV0WODGT
4GXKUKQP
&CVG
&TCYPD[
6KVNG
5JGGV
%+8+. 5647%674#. /'%*#0+%#. 2.7/$+0) '.'%64+%#. .#0&5%#2' 51+.5'0)+0''4 (+4'2416'%6+10 &* HCZ VGN
GOCKN
JRC"JRCTEJUEQO KTXKPGEC DCTFGGPCXGPWGÄUVG JRCKPE Ä *WPVGTÄÄÄ 6$& 0'92146%'06'4&4 6'.
Ä A 6JKGPGUÄÄ %+6475 1.'#0&'4#8' #65#06##0##8' (106#0#%# 5'%6+105+)*6.+0' 3-DAB-A4.1 KEYMAP 28 2666
DAB-A4.2 Owner: Project: Consultants: 2TQLGEV0WODGT
4GXKUKQP
&CVG
&TCYPD[
6KVNG
5JGGV
%+8+. 5647%674#. /'%*#0+%#. 2.7/$+0) '.'%64+%#. .#0&5%#2' 51+.5'0)+0''4 (+4'2416'%6+10 &* HCZ VGN
GOCKN
JRC"JRCTEJUEQO KTXKPGEC DCTFGGPCXGPWGÄUVG JRCKPE Ä *WPVGT
Ä
ÄÄ 6$& 0'92146%'06'4&4 6'.
Ä A 6JKGPGUÄÄ %+6475 1.'#0&'4#8' #65#06##0##8' (106#0#%# 64#5*'0%.1574' 6;2+%#.9#..5'%6+10 29 2667
266830
266931
267032
33 2671
34 2672
01.31.2023
ORLEANDERAVE.ANDSANTAANAAVE. Fontana,California #21636
ConceptualElevationsforBuildingThree-36’clear
NorthElevation
EastElevation
SouthElevation
WestElevation
onehundredtwentyfive onehundredtwentyfive
267335
36 2674
BUILDING 1 BUILDING 2 BUILDING 3 3:1 BERMED LANDSCAPING 3:1 BERMED LANDSCAPING 3:1 BERMED LANDSCAPING 3:1 BERMED LANDSCAPING 3:1 BERMED LANDSCAPING 3:1 BERMED LANDSCAPING 36" Box 36" Box 36" Box 36" Box 36" Box 36" Box 36" Box 36" Box 36" Box 36" Box 36" Box 36" Box 36" Box 36" Box 36" Box 36" Box 36" Box 36" Box 36" Box 36" Box 36" Box 36" Box 36" Box 36" Box 36" Box 36" Box 36" Box 36" Box 36" Box 36" Box 36" Box 36" Box 36" Box 36" Box 36" Box 36" Box 36" Box 36" Box 36" Box 36" Box 36" Box 36" Box 36" Box 36" Box 36" Box 36" Box 36" Box 36" Box 36" Box 36" Box 36" Box 36" Box 36" Box
CITRUS AVENUE
OLEANDER AVENUE SANTA ANA AVENUE N.A.P. EMPLOYEE BREAK AREA EMPLOYEE BREAK AREA EMPLOYEE BREAK AREA TURF BLOCK FIRE BLOCK Brisbane Box Tristania conferta TREES 24" Box Afghan Pine Pinus eldarica 24 L 24" Box African Sumac Rhus lancea 34 L London Plane Platanus acerifolia SYMBOL BOTANICAL/COMMON NAME PLANTING LEGEND SIZE QTY WUCOLS REMARKS 24" Box 15 Gal 59 M Standard Olive Olea europaea 10 M Standard Chitalpa tashkentensis Chitalpa 24" Box 31 L Standard Standard 29 L Multi Standard 48" Box 36" Box 36" Box 342 GROUNDCOVER SYMBOL SIZE SPACING SHRUBS BOTANICAL/COMMON NAME WUCOLS SYMBOL BOTANICAL/COMMON NAME SIZE SPACING WUCOLS REMARKS Texas Privet Ligustrum j. Texanum Lonicera j. 'Halliana' Hall's Honeysuckle 1 Gal 48" O.C. L Altas Fescue Festuca mairei 1 Gal 24" O.C. M Chalk Sticks Senecio mandraliscae 1 Gal 24" O.C. M 5 Gal M Callistemon 'Little John' Dwarf Bottle Brush 5 Gal M Pineapple Gauva Acca sellowiana 5 Gal M Deer Grass Muhlenbergia rigens 5 Gal M Carissa m. 'Green Carpet' Prostrate Natal Plum 1 Gal 36" O.C. M 3' OC 3' OC 3' OC 4' OC hardscape hardscape hardscape 2.5' from hardscape 2' from 2' from 2' from Rhaphiolepis i. 'Clara' Indian Hawthorn 5 Gal M 3' OC hardscape 2' from Russelia equisetiformis Coral Bush 5 Gal M 5' OC hardscape 3' from PARKING LOT TREE REQUIREMENTS 1 TREE FOR EVERY 4 PARKING SPOTS TOTAL PARKING SPOTS: 264 TOTAL PARKING TREES REQUIRED: 66 TOTAL PARKING TREES PROVIDED: 118 PARKING LOT SHADING REQUIRMENTS BUILDING 1 - 3,212 SF REQ, 3,382 SF PROVIDED BUILDING 2 - 6,025 SF REQ, 6,263 SF PROVIDED BUILDING 3 - 6,025 SF REQ, 6,380 SF PROVIDED Fontana, California 22-048 04.19.22 Oleander Ave and Santa Ana Ave 711 FEE ANA STREET 714.986.2400 FAX 714.986.2408 PLACENTIA, CA 92870 08.24.22 11.22.22 01.31.23 03.19.23 0 30' 60' 120' N 37 2675
ATTACHMENT NO. 6
EXISTING &
PROPOSED
GENERAL PLAN
DATE: June 20, 2023
CASE: Master Case No. 22-053
NORTH
CITY OF FONTANA PLANNING DEPARTMENT
267638
ATTACHMENT NO. 7
EXISTING &
PRPOSED
ZONING
DATE: June 20, 2023
CASE: Master Case No. 22-053
.
NORTH
CITY OF FONTANA PLANNING DEPARTMENT
#5 #5 #5
#5
267739
ATTACHMENT NO. 8
EXISTING &
PRPOSED SWIP
BOUNDARIES
DATE: June 20, 2023
CASE: Master Case No. 22-053
CITY OF FONTANA PLANNING DEPARTMENT
267840
ATTACHMENT NO. 9
RESOLUTION PC NO. 2023-___
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
FONTANA RECOMMENDING THAT THE CITY COUNCIL ADOPT A
RESOLUTION TO CERTIFY THE FINAL ENVIRONMENTAL IMPACT
REPORT (STATE CLEARINGHOUSE NO. 2022110389), THE
STATEMENT OF OVERRIDING CONSIDERATIONS, THE
MITIGATION MONITORING AND REPORTING PROGRAM, AND THE
STATEMENT OF FACTS AND FINDINGS, AND DIRECT STAFF TO
FILE THE NOTICE OF DETERMINATION; AND FORWARD TO THE
CITY COUNCIL A RECOMMENDATION OF ADOPTION OF A
RESOLUTION APPROVING GENERAL PLAN AMENDMENT NO. 22-
004, ADOPTION OF AN ORDINANCE APPROVING ZONE CHANGE
NO. 22-005, ADOPTION OF AN ORDINANCE APPROVING SPECIFIC PLAN AMENDMENT NO. 22-002, ADOPTION OF AN ORDINANCE
APPROVING DEVELOPMENT AGREEMENT NO. 23-005 AND
ADOPTION OF A RESOLUTION APPROVING DESIGN REVIEW
(DRP) NO. 22-029, 22-061, 22-062 AND TENTATIVE PARCEL MAP (TPM) NOs. 20709, 20707, AND 20708, ALL FOR THE
CONSTRUCTION OF THREE (3) INDUSTRIAL COMMERCE CENTER
BUILDINGS TOTALING 504,849 SQUARE FEE ON A SITE OF
APPROXIMATELY 24.8 GROSS ACRES.
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, the City of Fontana received an application on May 18, 2022, for a General Plan Amendment (GPA) No. 22-004 to amend the General Plan land use designation of 29.4-acres from Residential Planned Community (R-PC) and MultipleFamily Medium/High Residential (R-MFMH) to General Industrial (I-G), a Zoning District Map amendment (Zone Change Application (ZCA) No. 22-005) to amend the Zoning Map designations from Residential Planned Community (R-PC) and MultipleFamily Medium/High Density Residential (R-4) to Southwest Industrial Park (SWIP) Specific Plan, Specific Plan Amendment (SPA) No. 22-002 to amend the Southwest Industrial Park (SWIP) Specific Plan Land Use Plan to expand the SWIP boundary to include the entire 29.4 acres within the SWIP’s Slover East Industrial District (SED), Development Agreement (DA) No. 23-005 to establish an agreement for the payment of a public benefit fee, Tentative Parcel Map No. 20709 (TPM No. 22-009) (Building No. 1), Tentative Parcel Map No. 20708 (TPM No. 22-030) (Building No. 2), and Tentative Parcel Map No. 20707 (TPM No. 22-031) (Building No. 3) - A request to review three separate parcel maps which two maps include the consolidation of six (6) parcels into one parcel for the development of the project sites for Building No. 1 and Building No. 2 and the consolidation of five (5) parcels into one for the development of the project site for Building No. 3. The parcel maps encompass a total of 24.4 acres of the 29.4 acres; the project does not propose development for one existing 5 acre parcel, and Design Review No. 22-029 (Building No. 1), Design Review No. 22-061 (Building No. 2), and Design Review No. 22-062 (Building No. 3) - A request for review of the architecture, site design and associated improvements for Building Nos. 1, 2, 267941
Resolution PC No. 2023-____