Agenda packet — Fontana City Council, November 14, 2023 (part 4 of 7)

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 38 units will be added to the Unit Bank increasing the number of units in the Unit Bank to 1,318 which is less than the 2,200 units authorized by the FMC. The units in the Unit Bank shall be available as density bonuses for other residential properties throughout the city. The program will enable, on a first come, first served basis, density bonuses of up to 20% on other parcels until these 38 residential units are reclaimed within future planned residential projects; and
WHEREAS, all the notices required by statute and the Fontana City Code have been given as required; and
WHEREAS, on October 17, 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 Poplar South Distribution Center (State Clearinghouse No. 2022090611), General Plan Amendment (GPA) No. 22-007, Specific Plan Amendment (SPA) No. 22-003, Development Agreement (AGR) No. 23- 005, Tentative Parcel Map No. 20638 (TPM No. 22-016), and Design Review (DRP) No. 22-040; and,
WHEREAS, the City of Fontana wishes to protect and preserve the quality of the life throughout the City, through effective land use and planning; and, WHEREAS, the City has prepared a Final EIR, consisting of the comments received during the 45-day public review and comment period on the Draft EIR, written responses to those comments, revisions to the Draft EIR, and an errata making minor, non-substantive changes to the Final EIR. For the purposes of this Resolution, the “EIR” shall refer to the Draft EIR, as revised by the Final EIR, together with the other sections of the Final EIR; and
WHEREAS, based on the information contained in Environmental Impact Report (State Clearing House No. 2022090611) prepared for the proposed project which has been circulated for the proposed project and has been submitted with the inclusion of a Statement of Overriding Consideration and a Mitigation Monitoring Program with a recommendation for certification by the City Council; and WHEREAS, the Conditions of Approval have been prepared and are attached hereto as Exhibit “A through B” for Tentative Parcel Map (TPM) No. 22-016 (TPM No. 20638) and Design Review (DRP) No. 22-040, and,
WHEREAS, General Plan Amendment (GPA) No. 22-007, Specific Plan Amendment (SPA) No. 22-003, Development Agreement (AGR) No. 22-003, Tentative Parcel Map (TPM) No. 22-016 (TPM No. 20638), and Design Review No. 22-040 is consistent with the goals and policies of the General Plan; and, WHEREAS, the owners of property within 660 feet of the proposed project site were notified via public hearing notice mailer prior to the Public Hearing; and a notice of the public hearing was published in the Fontana Herald newspaper on October 7, 2023, at City Hall and at the project site; and,
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WHEREAS, the Planning Commission carefully considered all information, evidence and testimony pertaining to the proposed project presented at its public hearing on October 17, 2023, and,
WHEREAS, all other legal prerequisites to the adoption of this resolution have occurred.

NOW, THEREFORE, the Planning Commission RESOLVES as follows:

Section 1. Recitals. The above recitals are true, correct and incorporated herein by reference.

Section 2. CEQA. The Planning Commission has reviewed and considered the Environmental Impact Report (EIR) and Mitigation Monitoring and Reporting Program (MMRP), any oral or written comments received, and the administrative record prior to making any recommendation on the proposed project. The Planning Commission finds that the EIR and Mitigation Monitoring and Reporting Program contain a complete and accurate reporting of all the environmental impacts associated with the Project. The Planning Commission further finds that the EIR and Mitigation Monitoring and Reporting Program have been completed in compliance with the 2019 Local CEQA Guidelines and the State CEQA Guidelines.

Section 3. General Plan Amendment. The City of Fontana Planning Commission hereby makes the following findings for General Plan Amendment (GPA) No. 22-003 in accordance with Section 30-31 “Purpose” of the Fontana Zoning and Development Code:

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

Findings of Fact: Changing the General Plan Land Use Designation of the site from Residential Trucking (R‐T) to General Industrial (I‐G) would allow for the construction of an industrial commerce center building totaling approximately 490,565 square feet. This development will assist with the growing the industrial commerce center demand in the City and the surrounding area. The construction and operations of the project site will provide employment
opportunities for the local workforce and address demands related to products being transported into the area. Additionally, properties to the south and west also have a General Plan designation of General Industrial.

Section 4. Specific Plan Amendment. The City of Fontana Planning Commission hereby makes the following findings for Specific Plan Amendment (SPA) No. 22-003 in accordance with Section 30-67 “Purpose” of the Fontana Zoning and Development Code:
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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: A specific plan amendment to the existing Southwest Industrial Park Specific Plan (SWIP) to change the land use of the project site from Residential Trucking District (RTD) to Slover East Industrial District (SED) would accommodate the development of an industrial commerce center building totaling 490,565 square feet. This project will provide attractive development with quality modern architecture with additional landscaping. This type of development will enhance the industrial areas with an attractive street scene and high-quality landscaping. This type of development will be consistent with the areas to the south and west.

Section 5. Tentative Parcel Map. The City of Fontana’s Planning Commission hereby makes the following findings for Tentative Parcel Map No. 22-016 (TPM No. 20638), pursuant to Section 30-284 of the Fontana Zoning and Development code, and in accordance with Section No. 26 218(d) “Processing of application,” of the Fontana Municipal 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. 22- 016 (TPM No. 20638) 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 Specific Plan. The tentative parcel map consolidates forty-one (41) existing parcels (APNs: 0237-171-01 through -19, 0237-172-01 through -12, - 19, -22, -23, -26, -27, -28, -30 through -33) into one parcel for the construction of a concrete tilt-up industrial commerce center building totaling approximately 490,565 square feet, which is within the land use permitted in the General Plan. The project incorporates the project site into the Southwest Industrial Park Specific Plan, Slover East Industrial District. Rose Avenue is vacated and the site designation will reflect Slover East Industrial District (SED) between Poplar Avenue and Catawba Avenue. This section of Rose Avenue is listed as a local street on Hierarchy of the Streets Plan Chapter of the General Plan and Transportation and Circulation Chapter of SWIP. The vacation of Rose Avenue will not conflict with the General Plan or SWIP.
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Finding No. 2: That the design or improvements of the proposed subdivision are consistent with the general plan and any applicable specific plan.

Findings of Fact: The site design for Tentative Parcel Map No. 20638 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.

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

Findings of Fact: The project site for the industrial commerce center is approximately 18.8 acres which 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. 22-016 (TPM No. 20638) 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. The design of the map 66485
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will not cause substantial environmental damage or will not substantially and avoidably injure fish or wildlife or their habitat.

The design of the map will not cause substantial environmental damage or will not substantially and avoidably injure fish or wildlife or their habitat.

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

Findings of Fact: The design of Tentative Parcel Map No. 22-016 (TPM No. 20638) will not cause public health problems. The development will comply 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.

Findings of Fact: The design of Tentative Parcel Map No. 22-016 (TPM No. 20638) and public improvements will not conflict with access easements acquired by the public. Access to and from the project site would be provided from driveways on Poplar Avenue and Catawba Avenue. The truck traffic will come in and out from the southern driveway along Poplar and Catawba Avenue and vehicle traffic will use two separate entrances on the north accessed from Poplar Avenue and Catawba Avenue.

Section 6. Design Review. The City of Fontana Planning Commission hereby makes the following findings for a Design Review No. 22-040 in accordance with Section 30-120 “Findings for approval” of the Fontana Zoning and Development Code:

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

Findings of Fact: The General Plan land use designation of General Industrial (IG) 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 welldesigned industrial development in the immediate vicinity. The specific plan amendment incorporates the project into the Southwest Industrial Park Specific Plan, Slover East Industrial District. The industrial commerce facilities provide for a consistent 66586
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blend of well-designed industrial development in the immediate vicinity because it provides consistency with the industrial uses south to the west of the project site.

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 site and architectural design for the 490,565 square foot industrial commerce center building has been designed with office space totaling approximately 10,000 square feet. A gate-secured truck court with 42 loading docks are on the south side of the building. The use of glazing, parapets, 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 driveways on Poplar Avenue and Catawba Avenue. Landscaping would be ornamental in nature and includes 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. With the requested associated general plan amendment and specific plan amendment from Residential Trucking (R-T) 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 490,565 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 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 resulting in a safe, well-designed facility while enhancing the character of the surrounding neighborhood.

Findings of Fact: The industrial commerce center 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 driveways on Poplar Avenue and Catawba Avenue with vehicle traffic utilizing separate entrances from 66687
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commercial vehicles. Landscaping would be ornamental in nature and features trees, shrubs, and drought-tolerant accent plants in addition to a variety of groundcover. 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 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 7. Approval. Based on the foregoing, the Planning Commission hereby recommends that the City Council adopt the following:
 A resolution to certify the Final Environmental Impact Report (State Clearinghouse No. 2022090611), pursuant to Section 15126 through 15164 of the California Environmental Quality Act (CEQA) Guidelines and Section 8.1 of the City of Fontana’s 2019 Local CEQA Guidelines and direct staff to file the Notice of Determination;
 A resolution approving General Plan Amendment (GPA) No. 22-007;  An ordinance approving Specific Plan Amendment (SPA) No. 22-003;  An ordinance approving Development Agreement (AGR) No. 23-003; and  A resolution approving Design Review No. 22-040 and Tentative Parcel Map (TPM) No. 22-016 (TPM No. 20638), subject to the findings as indicated herein and the Conditions of Approval, have been prepared and are attached hereto as Exhibit “A” and Exhibit “B”.

Section 8. 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 9. Certification. The Secretary of the Planning Commission shall certify to the adoption of this Resolution.

Section 10. Effective Date. This Resolution shall become effective immediately upon its adoption.

Section 11. Severability. If any provision of this Resolution or the application of any 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.
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PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Fontana, California, at a regular meeting held on this 17th day of October, 2023.

City of Fontana
___________________________
Cathline Fort, Chairperson
ATTEST:

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

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________
Ralph Thrasher, Secretary
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EXHIBIT “A”

CITY OF FONTANA

CONDITIONS OF APPROVAL
PROJECT: Master Case No. (MCN) 22-079 October 17, 2023
Tentative Parcel Map No. 20638 (TPM No. 22-016)
LOCATION: The project site includes property located to the east side of Poplar Avenue, west of Catawba Avenue and north and south of Rose Avenue (APNs) 0237-171-01, -02, -03, -04, -05, -06, -07, -08, -09, -10, -11, -12, -13, -14, -15, -6, -17, -18, -19, and 0237-172-01, -02, -03, -04, -05, -06, - 07, -08, -09, -10, -11, -12, -19, -22, -23, -26, -27, -28, -30, -31, -32, 33.

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, variances, plot plans, design plans, maps, licenses, and amendments. The City of Fontana shall promptly notify the 66990
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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. 20638 (TPM No. 22-016) shall comply with all applicable development standards of, Chapter 26 (Subdivisions), Southwest Industrial Park Specific, Chapter 30 (Zoning and Development), Fontana Municipal Code (FMC) 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. 20638 (TPM No. 22-016) 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 be amended and/or deleted due to health, safety or welfare concerns, the City 67091
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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 requirements identified in the Industrial Commerce Sustainability Ordinance (Chapter 9, Article V of the Fontana Municipal Code).

11. The applicant shall meet all requirements of the Trip Reduction Measures in of the Zoning and Development Code (Section 30-962).

BUILDING & SAFETY DEPARTMENT:

12. 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

13. 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.

14. 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.

15. 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.
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16. 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.

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

18. 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.

I. 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.

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

19. The applicant is required to obtain permits for the removal and/or demolition of structures.

20. 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

21. 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

22. 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.

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

ENGINEERING DEPARTMENT:

24. 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.
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25. 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.

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

PRIOR TO ISSUANCE OF GRADING PERMIT

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

28. 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

29. 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

30. The Applicant shall record All map’s, lot line adjustments, right-of-way dedications, right-of-way vacations, easements, reciprocal access agreement as required for the development.

31. 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

32. conform to City Standards and Specifications, and as approved by the City Engineer.

PRIOR TO ISSUANCE OF FINAL CERFITICATE OF OCCUPANCY

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

34. 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.

35. The Applicant/Engineer shall set survey monuments as required by the map and corner records must be recorded with the County.
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36. 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).

37. 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.

38. 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.

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

FIRE DEPARTMENT:

40. 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.

41. 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.

42. 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) 67596
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foot outside radius for all turns. California Fire Code Chapter 5 & SBCoFD Standard A-1.

43. 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.

44. 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-hour duration at 20 psi residual operating pressure. Fire Flow is based on a 490,550 Square Foot structure.

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

46. Water Improvement Plan: The applicant shall submit “Water Improvement Plans” to Fontana Fire Prevention. W.I.P. to include site plan, existing & proposed PUBLIC fire hydrant locations, building construction type, largest building square footage details, lot size detail in square feet, and description of what is being constructed. Once approved by Fire Department, applicant will provide stamped/approved W.I.P to water purveyor for their construction needs. ON-SITE

PRIVATE FIRE WATER SUPPLY SHALL BE INSPECTED AND IN WORKING

CONDITION PRIOR TO PLACING COMBUSTIBLE MATERIALS ON THE JOBSITE. California Fire Code Chapter 5.

47. 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.

48. 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.

49. Fire Alarm, Waterflow Monitoring: A water flow monitoring fire alarm system complying with the California Fire Code, NFPA and all applicable codes is required for fire sprinkler systems with twenty (20) sprinkler heads or more. A fire 67697
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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.

50. 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.

51. 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.

52. 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 (1½) inch stroke. The street address shall be visible from the street.

During the hours of darkness, the numbers shall be electrically illuminated (internal or external). Where the building is two hundred (200) feet or more from the roadway, additional non-illuminated contrasting six (6) inch numbers shall be displayed at the property access entrances. California Fire Code Chapter 5 & SBCoFD Standard B-1

53. 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

54. Security Gates: In commercial, industrial, and multi-family complexes, all swing gates shall have an approved fire department Knox Lock. Where an automatic electric security gate is used, an approved Fire Department override switch is required. California Fire Code Chapter 5 & SBCoFD Standard A-3

55. 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.

56. 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.
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57. 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

58. San Bernardino County Fire Standards/Codes: Items not directly called out on these Conditions of Approval, shall also adhere to currently adopted San Bernardino County Fire Standards, California Fire Code, & NFPA.

END OF CONDITIONS
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EXHIBIT “B”

CITY OF FONTANA

CONDITIONS OF APPROVAL
PROJECT: Master Case No. (MCN) 22-079 DATE: October 17, 2023 Design Review (DRP) No. 22-040
LOCATION: The project site includes property located to the east side of Poplar Avenue, west of Catawba Avenue and north and south of Rose Avenue (APNs) 0237-171-01, -02, -03, -04, -05, -06, -07, -08, -09, -10, -11, -12, -13, -14, -15, -6, -17, -18, -19, and 0237-172-01, -02, -03, -04, -05, -06, - 07, -08, -09, -10, -11, -12, -19, -22, -23, -26, -27, -28, -30, -31, -32, 33.

PLANNING DEPARTMENT:

1. 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.

2. 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. 100 679
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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.

3. This project shall comply with all applicable provisions, regulations and development standards of the Fontana Zoning Code and Development Code, Fontana Municipal Code (FMC) and the Southwest Industrial Park Specific Plan.

4. The applicant shall meet all requirements identified in the Industrial Commerce Sustainability Ordinance (Chapter 9, Article V of the Fontana Municipal Code).

5. 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.

6. 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 101 680
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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.

7. 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.

8. 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.

9. The current development fees must be paid prior to issuance of building/construction permits.
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10. 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.

11. 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.

12. 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.

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

14. 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.

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

16. 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.

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

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

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

20. Development fees and Planning Department final inspection fee must be paid prior to Certificate of Occupancy.
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21. Applicant shall pay all applicable service fees pursuant to the City of Fontana Municipal Code.

22. 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.

23. 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.

24. 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.

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

26. The applicant shall meet all requirements of the Trip Reduction Measures in of the Zoning Code (Section 30-962).

27. There shall be no refrigerated uses on site; unless, a future tenant proposing to have such uses conducts an update of the California Environmental Quality Act (CEQA) document (i.e. Environmental Impact Report) and any applicable studies/memorandums to amend this Condition of Approval.

28. The developer shall be required to comply with Development Agreement (AGR) No. 22-003.

Prior To Issuance of Grading Permit

29. 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.

BUILDING & SAFETY DEPARTMENT:

30. 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
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E. California Plumbing Code
F. California Energy Code
G. California Fire Code
H. California Green Building Standards Code

31. 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.

32. 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.

33. 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.

34. 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.

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

36. 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.

H. A complete hydrology study using the latest edition of the San Bernardino County Flood Control Hydrology Manual, and complete hydraulic 105 684
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calculations justifying the size, slope, capacity, etc. of any and all drainage structures being utilized, shall be submitted to and approved by Building & Safety.

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

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.

37. The applicant is required to obtain permits for the removal and/or demolition of structures.

38. 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

39. 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

40. 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.

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

42. 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.

43. 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.

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

PRIOR TO ISSUANCE OF GRADING PERMIT

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

46. 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

47. 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

48. The Applicant shall record All map’s, lot line adjustments, right-of-way dedications, right-of-way vacations, easements, reciprocal access agreement as required for the development.

49. 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

50. conform to City Standards and Specifications, and as approved by the City Engineer.

PRIOR TO ISSUANCE OF FINAL CERFITICATE OF OCCUPANCY

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

52. The Applicant/Engineer shall provide centerline ties to the City of Fontana reflecting proper setting of all survey monuments within the project limits and 107 686
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replace any existing survey monuments damaged or removed during construction.

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

54. 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).

55. 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.

56. 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.

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

FIRE DEPARTMENT:

58. 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.

59. 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.
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60. 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.

61. 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.

62. 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.

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

64. Water Improvement Plan: The applicant shall submit “Water Improvement Plans” to Fontana Fire Prevention. W.I.P. to include site plan, existing & proposed PUBLIC fire hydrant locations, building construction type, largest building square footage details, lot size detail in square feet, and description of what is being constructed. Once approved by Fire Department, applicant will provide stamped/approved W.I.P to water purveyor for their construction needs. ON-SITE

PRIVATE FIRE WATER SUPPLY SHALL BE INSPECTED AND IN WORKING

CONDITION PRIOR TO PLACING COMBUSTIBLE MATERIALS ON THE JOBSITE. California Fire Code Chapter 5.

65. 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.

66. 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 109 688
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specification sheets. The required fees shall be paid at the time of plan submittal.

California Fire Code Chapter 9 & SBCoFD Standard F-1.

67. Fire Alarm, Waterflow Monitoring: A water flow monitoring fire alarm system complying with the California Fire Code, NFPA and all applicable codes is required for fire sprinkler systems with twenty (20) sprinkler heads or more. A fire alarm contractor shall submit three (3) sets of detailed plans to the Fire Department for review and approval. The required fees shall be paid at the time of plan submittal. California Fire Code Chapter 9, NFPA 72 & SBCoFD Standard F-5.

68. 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.

69. 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.

70. 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 (1½) inch stroke. The street address shall be visible from the street.

71. 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

72. Security Gates: In commercial, industrial, and multi-family complexes, all swing gates shall have an approved fire department Knox Lock. Where an automatic electric security gate is used, an approved Fire Department override switch is required. California Fire Code Chapter 5 & SBCoFD Standard A-3

73. 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.
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74. 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.

75. 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

76. San Bernardino County Fire Standards/Codes: Items not directly called out on these Conditions of Approval, shall also adhere to currently adopted San Bernardino County Fire Standards, California Fire Code, & NFPA.

END OF CONDITIONS OF APPROVAL
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RECORDING REQUESTED BY:

ALEJANDRO RICO
Order No:

WHEN RECORDED MAIL
DOCUMENT TO:

City of Fontana
8353 Sierra Avenue
Fontana, California 92335
Attn.: City Clerk
Space Above This Line for Recorder's Use Only
Exempt from Recording Fees Pursuant
to Gov. Code §§ 27383, 6103

ROSE PROJECT

DEVELOPMENT AGREEMENT

BETWEEN

THE CITY OF FONTANA,
a California municipal corporation
and

LIT INDUSTRIAL LIMITED PARTNERSHIP
a Delaware Limited Partnership
Dated as of _________, 2023 for reference purposes
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ROSE AVENUE PROJECT DEVELOPMENT AGREEMENT
The ROSE AVENUE PROJECT DEVELOPMENT AGREEMENT ("Agreement") is entered into by the City of Fontana a California municipal corporation (hereinafter "City"), and LIT Industrial Limited Partnership, a Delaware limited partnership (hereinafter "Owner"). This Agreement is dated ___________, 2023 for reference purposes only; it will not become effective until the "Effective Date" (defined below). City and Owner are sometimes collectively referred to in this Agreement as the "Parties" and individually as a "Party."

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 that City enter into this Development Agreement with respect to that certain real property located on Rose Avenue in the City, consisting of 41 parcels identified as Assessor’s Parcel Numbers (APNs) 0237-171-01 through -19, 0237-172-01 through -12, -19, -22, -23, -26, -27, -28, and -30 through -33, 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 the City, including current and 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 has reviewed and considered the Environmental Impact Report and made findings concerning the mitigation measures and adopted a Mitigation Monitoring and Reporting Program in accordance with CEQA and the State and City CEQA Guidelines; and WHEREAS, Owner has filed an application for, and the City Council has approved, General Plan Amendment (GPA) No. 22-007, Specific Plan Amendment (SPA) No. 22-003, Development Plan Review (DRP) No. 22-22-040 and Tentative Parcel Map No. 20638; and WHEREAS, this Agreement and the Project are consistent with the City's Comprehensive General Plan and Specific Plan (as defined in Section 1 below), as amended; 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
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WHEREAS, development of the Property in accordance with this Agreement and Development Plan (as defined in Section 1 below) will provide substantial benefits to City and will further important policies and goals of City;
WHEREAS, this Agreement will eliminate uncertainty in planning and provide for the orderly development of the Property, ensure the 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 the vesting of its legal rights to develop the Property in accordance with this Agreement and Development Plan (defined below).

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 "Owner" means LIT Industrial Limited Partnership, a Delaware limited partnership, and its successors in interest to all or any part of the Property.

1.1.4 "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 repair or reconstruction of any building, structure, improvement, or facility after the construction and completion thereof if undertaken during the Term of this Agreement.

1.1.5 "Development Agreement Policies" means those certain development agreement policies approve by City pursuant to Ordinance No. , adopted on as may be amended, as Resolution No. , adopted on , as may be amended.

1.1.6 "Development Approvals" means all permits and other entitlements subject to approval or issuance by City in connection with the Development of the Property as set forth in attached Exhibit C, including, but not limited to: general plan amendments; specific plans and 114 693
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specific plan amendments; tentative and final subdivision and parcel maps; design review; conditional use permits; zoning; and grading and building permits.

1.1.7 "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, including those imposed in accordance with the MMRP.

1.1.8 "Development Impact Fee" means a monetary exaction other than a tax or special assessment, 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 City to the applicant in connection with the 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)..

1.1.9 "Development Plan" means the development of the Property permitted by the Existing Development Approvals and the Existing Land Use Regulations applicable to development of the Property.

1.1.10 "Effective Date" means the date the ordinance approving this Agreement becomes effective.

1.1.11 "Existing Development Approvals" means all Development Approvals approved or issued prior to, or as of, the Effective Date. Existing Development Approvals includes the Development Approvals described on the attached Exhibit C and all other Development Approvals which are a matter of public record on the Effective Date. The Existing Development Approvals are sufficient in order to develop the Property and to implement the Project.

1.1.12 "Existing Land Use Regulations" means all Land Use Regulations in effect on the Effective Date.

1.1.13 "Land Use Regulations" means all ordinances, resolutions, codes, rules, regulations and official policies of City governing the development and use of land, including, without limitation, the permitted use of land, the density or intensity of use, subdivision requirements, 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" do not include any City ordinance, resolution, code, rule, regulation, or official policy governing: the conduct of businesses, professions, and occupations; taxes and assessments; the control and 115 694
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abatement of nuisances; the granting of encroachment permits and the conveyance of rights and interests which provide for the use of or the entry upon public property; or the exercise of the power of eminent domain.

1.1.14 "Mitigation Monitoring and Reporting Program" or "MMRP" means the mitigation monitoring and reporting program for assessing and ensuring compliance with required environmental impact mitigation measures approved by City Council Resolution No. _________ ___________, 2023 in conjunction with the City Council's certification of the EIR.

1.1.15 "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 in interest to all or any part of the Property.

1.1.16 "Parcel Map" means the subdivision map identified in City records as Tentative Parcel Map No. 20638 and approved by the City Council on ____________, 2023.

1.1.17 "Project" means the Development of the Property contemplated by the Development Plan, as such Development Plan may be further defined, enhanced, or modified pursuant to the provisions of this Agreement. The Project will consist of a logistics facility totaling approximately 490,565 square feet.

1.1.18 "Property" means the certain real property located on Rose Avenue in the City, consisting of 41 parcels identified as Assessor’s Parcel Numbers (APNs) 0237-171-01 through -19, 0237-172-01 through -12, -19, -22, -23, -26, -27, -28, and -30 through -33, as more particularly described in Exhibit A and shown on Exhibit B to this Agreement.

1.1.19 "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.

1.1.20 "Specific Plan" means the "Southwest Industrial Park Specific Plan (SWIP)" identified in City records as SP No. 09-02 and adopted by City Council Ordinance No. 1663 on June 12, 2012.

1.1.21 "Subdivision Map Act" means Government Code Sections 66410, et seq.

1.1.22 "Subsequent Development Approvals" means all Development Approvals required subsequent to the Effective Date in connection with the Development of the Property.

1.1.23 "Subsequent Land Use Regulations" means any Land Use Regulations adopted and effective after the Effective Date.

1.1.24 "Term" has the meaning given in Section 2.3 of this Agreement.

1.2 Exhibits. The following documents are attached to, and by this reference made a part of, this Agreement:

Exhibit A – Legal Description of the Property
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Exhibit B – Map showing Property and its location
Exhibit C – Existing Development Approvals

2. GENERAL PROVISIONS

2.1 Binding Effect of Agreement. The Property is hereby made subject to this Agreement. The Development of the Property is hereby authorized and shall be carried out only in accordance with the provisions of this Agreement.

2.2 Property Ownership and Interest. The Owner represents and covenants that it is the legal or equitable owner of the fee simple title to the Property.

2.3 Term. The 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.

2.4 Sale or Assignment.

2.4.1 Right to Assign. Subject to the City's written consent, which shall not be unreasonable withheld, delayed or conditioned, 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) to any person, partnership, joint venture, affiliate, firm, or corporation at any time; 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.
(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 reasonably acceptable to City, executed 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.

Any sale, transfer or assignment not made in 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 this 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. Notwithstanding the foregoing, Owner shall have the right to transfer its interest in this Agreement to an “Owner Affiliate”. Notwithstanding the foregoing, Owner shall have the right to transfer its interest in this Agreement to an “Owner Affiliate.” An “Owner Affiliate” is an entity in which the original owner owns a majority financial 117 696
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or voting interest. Owner shall provide written notification to City concurrently with the completion of such a transfer.

2.4.2 Release of Transferring Owner. Notwithstanding any sale, transfer or assignment, Owner shall continue to be obligated under this Agreement as to that portion of the Property sold, transferred or assigned, unless Owner is given a release in writing by City, which release shall be provided by City upon the full satisfaction by Owner of all of the following conditions:
(a) Owner no longer has a legal or equitable interest in all or any part of the Property sold.
(b) Owner is not then in default under this Agreement.
(c) Owner has provided City with the notice and executed agreement required under paragraph (2) of subsection 2.4 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, 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,
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(b) A 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 for a party's breach of the Agreement as provided by this Agreement.

2.6 Termination. This Agreement shall terminate and be of no further effect upon the occurrence of any of the following events:

2.6.1 Expiration of the stated term of this agreement as set forth herein.

2.6.2 Entry of a final judgment setting aside, voiding, or annulling the adoption of the ordinance approving this Agreement.

2.6.3 The adoption of a referendum measure overriding or repealing the ordinance approving this Agreement.

2.6.4 The completion of the Project in accordance with the terms of this Agreement, including, without limitation, the issuance of all required occupancy permits and acceptance by City (or other applicable public agency) of any required public dedications.

2.6.5 Termination by the City upon a default by Owner, as provided in this Agreement.

2.6.6 Termination of this Agreement will not operate to automatically terminate any Development Approvals or 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 that 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.

2.6.7 Notwithstanding any provision herein to the contrary, subject to the provisions of Section 4.3.3, the obligation of Owner to pay the Public Benefit Fee as set forth in Section 4.3.1 shall survive the termination of this Agreement until all buildings have been constructed on the Property pursuant to the Development Plan or otherwise.

2.7 Notices.

2.7.1 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. 119 698
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2.7.2 All notices shall be in writing and shall be considered given either: (i) when delivered in person to the recipient named below; (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, postage and postal charges prepaid, and addressed to the recipient named below; or (iii) by overnight courier, on the first (1st) business day after being delivered to a recognized overnight courier. 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
If to Owner:

LIT Industrial Limited Partnership
c/o Seefried Industrial Properties
2321 Rosecrans Ave. Suite 2220
El Segundo, CA 90245
Attn: Scott Irwin
Telephone: (310) 536-7900
with a copy to:

Best, Best & Krieger, LLP
2855 East Guasti Rd., Suite 400
Ontario, CA 91761
Attn: Fontana City Attorney
Telephone: (909) 989-8584
with a copy to:

Allen Matkins Leck Gamble
Mallory & Natsis LLP
2010 Main Street, Suite 800
Irvine, CA 92614
Attn: John C. Condas, Esq.

Telephone: (949) 553-1313

2.7.3 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 the 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. Notwithstanding the foregoing, nothing contained in this Agreement shall be deemed to be a covenant to develop or construct the Project or any portion of the Project.

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 120 699
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and construction standards and specifications applicable to the Development of the Property shall be the Existing Land Use Regulations. In connection with any Subsequent Development Approval, City shall exercise its reasonable 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. Because 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 City's and Owner's intent to cure that deficiency by acknowledging and providing that Owner shall have the right to develop the Property, or not, 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 timing or phasing requirements set forth in the Development Plan or the Phasing Plan set forth in Section 3.4.

3.4 Development Phasing Plan. The Development of the Property is subject to any timing and phasing requirements established by the Development Plan.

3.5 Changes and Amendments.

3.5.1 The parties acknowledge that refinement and further development of the Project may demonstrate that changes are appropriate and mutually desirable in the Existing Development Approvals. If in years one (1) through five (5) during the Term of this Agreement, 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 an addendum to Exhibit C and may be further changed from time to time as provided in this Section 3.5.

If in years six (6) through ten (10) during the Term of this Agreement, Owner finds that changes to the Existing Development Approvals are necessary or appropriate for the refinement and further development of the Project, Owner shall apply for a Subsequent Development Approval and City shall process and act on such application in accordance with the land use regulations existing at the time of such application. Notwithstanding any provision herein to the contrary, Owner shall pay any and all fees and Development Exaction in place following years one (1) through five (5) and shall be required to pay any and all fees and exactions adopted at the time of applications for permits and approvals related to the Development Plan, including any amendments thereto. 121 700
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3.5.2 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; but instead will require only the approval of City's Director of Planning; provided the 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; or,(e) Constitute a project requiring a subsequent or supplemental environmental impact report pursuant to Section 21166 of the Public Resources Code. (e) The provisions of this Agreement require a close degree of cooperation between the City and the Owner. It is anticipated due to the term of this Agreement that refinements to the Development Approvals may be appropriate with respect to the details of performance of the City and the Owner. To the extent allowable by law, the Owner shall retain a certain degree of flexibility as provided herein with respect to all matters, items and provisions covered in general under this Agreement and exhibits thereto. When and if the Owner finds it necessary or appropriate to make changes, adjustments or clarifications, the Parties shall effectuate such changes, adjustments or clarifications through operating memoranda (“Operating Memoranda”) approved by the Parties in writing, which reference this Section of the Agreement.

Operating Memoranda are not intended to constitute an amendment to this Agreement but mere ministerial clarifications; therefore, public notices and hearings shall not be required. The City Attorney shall be authorized, upon consultation with the Owner, to determine whether a requested clarification may be effectuated pursuant to this Section or whether the requested clarification is of such character to constitute an amendment to the Agreement which requires compliance with the provisions of this Agreement pertaining to amendments. The authority to enter into such Operating Memoranda is hereby delegated to the City Manager, and the City Manager is hereby authorized to execute any Operating Memoranda hereunder without Planning Commission or City Council action and without public hearing. Although other matters may also fall within the scope of Operating Memoranda, any amendment to this Agreement which does not relate to the Term, permitted uses of the Project, provisions for the reservation or dedication of land, grant of easement, or the conditions, terms, restrictions and requirements relating to Subsequent Development Approvals of City, revisions to Public Benefits (other than to the time for performance of such Public Benefits) or monetary exactions of Owner, shall be considered an “Operating Memorandum”.

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 and fees and expenses shall apply to the Development of the Property (collectively, the "Reservations of Authority"):
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(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. (b) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals, and any other matter of procedure.
(c) Regulations governing construction standards and specifications, including, without limitation, the City's Building Code, Plumbing Code, Mechanical Code, Electrical Code, and Fire Code.
(d) Regulations imposing Development Exactions; In years one (1) through five (5) during Term of this Agreement, 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 within the aforementioned timeframe 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 that may be in conflict with the Development Plan but that are reasonably necessary to eliminate or mitigate a serious threat to 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 that 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, or which shall increase the cost of development of the Project, shall be deemed to conflict with the Development Plan and shall therefore not be applicable to the development of the property during years one (1) through five (5) of the Term of this Agreement.

3.6.2 Subsequent Development Approvals. This Agreement shall not prevent City, in acting on Subsequent Development Approvals, from applying Subsequent Land Use Regulations that 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 on the basis of any Subsequent Land Use Regulation which does not conflict with the Development Plan. Upon approval of any Subsequent Development Approval, such Subsequent Development Approval shall be deemed vested pursuant to the provisions of this Agreement, without any further action by City or Owner being required.

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 123 702
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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.

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.

3.7 Public Works. Owner shall construct all public improvements related to the Project in accordance with City's or other applicable public agency's then applicable public works engineering standards.

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.

3.10 Tentative Tract Map Extensions. Notwithstanding the provisions of Section 66452.6 of the Government Code, no tentative subdivision map or tentative parcel map, 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 124 703
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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 the 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. The amount of the public facilities and services mitigation fees may be periodically adjusted by the City.

4.2.2 Time of Payment. The fees required pursuant to this section 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.

4.3 Public Benefit Fee.

4.3.1 As consideration for City's approval and performance of its obligations as set forth in this Agreement, Owner agrees to pay to the City a one-time public benefit fee in the amount of Four Dollars and Twenty five Cents ($4.25) per building square foot, which is estimated to be Two Million Eighty Four Thousand Nine Hundred One Dollars ($2,084,901) ("Public Benefit Fee"). Payment of the Public Benefit Fee shall be in addition to any other customary fees or charges to which the Project would otherwise be subject (e.g., development impact fees and application fees). The actual amount of the Public Benefit Fee shall be set, based upon the actual building square footage, prior to the issuance of any certificate of occupancy for the Project, and Owner shall pay the Public Benefit Fee to the City prior to the issuance of any certificate of occupancy for the Project.

4.3.2 The City has sole discretion to determine the uses for the Public Benefit Fee. The City has not designated a specific project or purpose for the Public Benefit Fee. Owner acknowledges by its approval and execution of this Agreement that it is voluntarily agreeing to pay the Public Benefit Fee, that its obligation to pay the Public Benefit Fee is an essential term of this Agreement, and that Owner expressly waives any constitutional, statutory, or common law right it might have in the absence of this Agreement to protest or challenge the payment of the Public Benefit Fee on any ground whatsoever, including without limitation pursuant to the Fifth 125 704
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and Fourteenth Amendments to the United States Constitution, California Constitution Article I Section 19, the Mitigation Fee Act (California Government Code Section 66000 et seq.), or otherwise.

4.3.3 Notwithstanding any provision herein to the contrary, the obligation of Owner to pay the Public Benefit Fee as set forth in Section 4.3.1 shall survive the termination of this Agreement until all buildings have been constructed on the Property pursuant to the Development Plan or otherwise. If the Public Benefit Fee has not been paid prior to the expiration of the Term, payment of the Public Benefit Fee shall be waived and shall no longer be due and payable if the City, after expiration of the Term, amends the Existing Land Use Regulations so that the Project, or other uses which previously were permitted under the Existing Land Use Regulations, no longer are legally permitted.

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. As required by California Government Code Section 65865.1, the Director of Planning will review this Agreement annually, on or before each 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 Director of Planning, 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 by resolution of the City Council.

6.2 Special Review. The City Council may order a special review of Owner's compliance with this Agreement at any time. The Director of Planning will conduct the special review.

6.2.1 During either an annual or special review. Owner will be required to demonstrate its good faith compliance with this Agreement. The burden of proof on this issue shall be on Owner.

6.2.2 Upon completion of an annual or special review, the Director of Planning will submit a report to the City Council setting forth the evidence concerning Owner's good faith compliance with this Agreement and his or her recommended finding on that issue. 126 705
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6.2.3 If the City Council finds on the basis of substantial evidence that Owner has materially complied in good faith with the terms and conditions of this Agreement, then the review will be concluded.

6.2.4 If the City Council makes a preliminary finding that Owner has not materially complied in good faith with this Agreement, then, following notice and opportunity to cure as provided under Section 6.4, the City Council may modify or terminate this Agreement as provide in Section 6.4 and 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.

7. PROCEEDINGS FOR MODIFICATION OR TERMINATION.

7.1 Proceedings Upon Modification or Termination. If, upon a finding under Section

6.2, 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:

7.1.1 The time and place of the hearing;

7.1.2 A statement as to whether or not City proposes to terminate or to modify the Agreement; and

7.1.3 Such other information as is reasonably necessary to inform Owner of the nature of the proceeding.

7.2 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 and impose such conditions as are reasonably necessary to protect the interests of the City. 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.

7.3 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 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.
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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 Periodic or Special Review, but was concealed from or otherwise not known to the Planning Director or City Council.

8. DEFAULT AND REMEDIES

8.1 Remedies in General. The parties agree that the City would not have entered into this Agreement if it were to be liable for damages under this Agreement, or with respect to this Agreement or the application itself.

8.1.1 In general, and subject to those procedural prerequisites required under the Development Agreement Policies or this Agreement, each of the parties may pursue any remedy at law or equity available for the breach 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 that arises out of this Agreement; or
(b) For the taking, impairment, or restriction of any right or interest conveyed, provided under or arising under 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.

8.2 Specific Performance.

8.2.1 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) Monetary damages are unavailable against City as provided in Section 8.1 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 time, Owner may be precluded from other options it may have had with regard to the Property or any portions thereof. Moreover, Owner has invested significant time and resources in the planning and processing of the Project. Owner will be investing even more time and resources in implementing the Project in reliance upon this Agreement and it is not possible to determine the sum of money that would adequately compensate Owner for such efforts.

8.3 Release. Except for non-damage remedies, including the remedy of specific performance as provided in Section 8.2, Owner, for itself, its successors and assignees, releases City, its officials, 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 upon Article I, Section 19 of the 128 707
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California Constitution, the Fifth Amendment of the United States Constitution, or any other law or ordinance that seeks to impose any other liability or damage, whatsoever upon City because it entered into this Agreement or because of the terms of this Agreement.

8.4 City's Termination of Agreement or Exercise of Other Remedies Upon Owner's Default. City may terminate or modify this Agreement as to all or a portion of the Property upon Owner's failure to perform any material duty or obligation under this Agreement, or to comply in good faith with the terms of this Agreement (hereinafter referred to as "default"); provided, however, City may modify or terminate 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, if Owner fails to cure the default within sixty (60) days after its receipt of the notice, or if the default is of a type that cannot be cured within sixty (60) days but can be cured within a longer time, and Owner fails to commence the actions necessary to cure the default within sixty (60) days and to diligently proceed to cure the default.

8.5 Owner's Termination of Agreement or Exercise of Other Remedies Upon City's Default. 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.

8.6 Informal Resolution. The parties recognize that good faith disagreements may arise between City and Owner during the administration and implementation of this Agreement.

The parties will meet and confer in a good-faith attempt to resolve any dispute and will consider alternative dispute resolution mechanisms.

9. THIRD PARTY LITIGATION

9.1 General Plan Litigation. City has determined that this Agreement is consistent with its Comprehensive General Plan, herein called 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.

9.2 Third-Party Litigation Concerning Agreement. Owner shall defend, at its expense, including 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 129 708
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attack, set aside, void, or annul the approval of this Agreement or the approval of any permit granted pursuant to this Agreement. City shall 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. Anything in this Agreement to the contrary notwithstanding, the Term set forth in Section 4.3 of this Agreement and the expiration date of all Development Approvals will automatically be extended by the longer of (i) the number of days in the period commencing on the date of filing any legal action of the type described in this Section and ending on the date that the claim, action or proceeding is either settled or fully and finally resolved in City’s and Owner’s favor, as evidenced by the expiration of all appeal periods with no further appeal being filed or the issuance of a full, final and non-appealable judgment or decisions; or (ii) the number of days in the period commencing on the date that a referendum conceding the Development Approvals is timely qualified for the ballot and the date that a referendum is certified resulting in upholding and approving the Development Approvals.

City will execute, in recordable form, any instrument which Owner may reasonably require to evidence the extension.

9.3 Indemnity. In addition to the provisions of Section 9.2, 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 and damages to the extent caused by the negligence or willful misconduct of City or its officers, agents, employees, contractors, subcontractors, and independent contractors. Owner shall defend, at its expense, including 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.

9.4 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, predecessors in interest, successors, assigns 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 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.

9.5 Reservation of Rights. With respect to Sections 9.2, 9.3 and 9.4 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 upon written request for any and all reasonable expenses incurred for such defense, including attorneys' fees, 130 709
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upon billing and accounting therefor. If City chooses to conduct its own defense, City’s separate counsel’s billing rates shall be identical to the rates City pays for its typical municipal litigation rates for legal challenges for the type being defended.

10. MORTGAGEE PROTECTIONS
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 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 Owner 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.

11. MISCELLANEOUS PROVISIONS

11.1 Recordation of Agreement. This Agreement and any amendment or cancellation thereof shall be recorded with the County Recorder by the City Clerk within the period required 131 710
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by Section 65868.5 of the Government Code. Owner agrees that immediately following recordation of the grant deed by which the Owner acquires title, the Owner will immediately record this Development Agreement against the real property.

11.2 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.

11.3 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.

11.4 Interpretation and Governing Law. 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.

11.5 Section Headings. All Section headings and subheadings are inserted for convenience only and shall not affect the construction or interpretation of this Agreement.

11.6 Singular and Plural. As used herein, the singular of any word includes the plural.

11.7 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 Owner 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.

11.8 Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element.

11.9 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 132 711
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the default of the other party, shall not constitute a waiver of such party's right to insist and demand strict compliance by the other party thereafter.

11.10 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.

11.11 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 will be extended 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 due to a force majeure event for more than five (5) years.

11.12 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.

11.13 Successors in Interest. Except as specifically set forth in this Agreement, 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 the 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.

11.14 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.

11.15 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.

11.16 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 terms, covenants and conditions contained in this Agreement. No partnership, joint venture, or other association of any kind is formed by this 133 712
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Agreement. The only relationship between City and Owner is that of a government entity regulating the development of private property by the Owner of such property.

11.17 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.

11.18 Eminent Domain. No provision of this Agreement shall be construed to limit or restrict the exercise by City of its power of eminent domain.

11.19 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).

11.20 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.
[Signatures on following pages]
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SIGNATURE PAGE TO

DEVELOPMENT AGREEMENT BETWEEN

THE CITY OF FONTANA

AND POPLAR SOUTH DC, LLC
City

CITY OF FONTANA,
a California municipal corporation
By:

Acquanetta Warren, Mayor
By:

Matthew Ballantyne, City Manager

LIT INDUSTRIAL LIMITED PARTNERSHIP,
a Delaware limited partnership
By: LIT Holdings, GP, LLC,
a Delaware limited liability company,
its general partner
By:

Name: Michael Marrone
Title: Senior Vice President
ATTEST:

By:

Germaine Key, City Clerk
APPROVED AS TO LEGAL FORM:

BEST BEST & KRIEGER LLP
Ruben Duran, City Attorney
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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 of notary)
Notary Public, 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)
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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)
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Order Number: NCS-1099426-M-ONT1
Page Number: 14
First American Title Insurance Company

EXHIBIT A

TO DEVELOPMENT AGREEMENT BETWEEN
THE City OF FONTANA AND POPLAR SOUTH DC, LLC
Legal Description of the Property
Real property in the City of Fontana, County of San Bernardino, State of California, described as follows: TENTATIVE PARCEL MAP NO. 20638, BEING A DIVISION OF THE FOLLOWING:

TRACT 1: (APN 0237-171-04-0-000)
LOT 16, TRACT NUMBER 3074, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ASPER PLAT RECORDED IN BOOK 43 OF MAPS, PAGE(S) 14, INCLUSIVE, RECORDS OF SAIDCOUNTY.

TRACT 2: (APN 0237-171-03-0-000)
LOT 17 OF TRACT NO. 3074, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 43, PAGE 14 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OFSAID COUNTY.

TRACT 3: (APN 0237-171-02-0-000)
LOT 18 OF TRACT NO. 3074 IN THE UNINCORPORATED AREA, COMMONLY KNOWN

AS FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 43, PAGE14 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY.

TRACT 4: (APN 0237-171-01-0-000)
LOT 19 OF TRACT NO. 3074, IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATEOF CALIFORNIA, AS PER MAP RECORDED IN BOOK 43, PAGE(S) 14 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

TRACT 5: (APN 0237-171-05-0-000)
LOT 15, TRACT 3074, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PERPLAT RECORDED IN BOOK 43 OF MAPS, PAGE 14, RECORDS OF SAID COUNTY.

TRACT 6: (APN 0237-171-06-0-000)
138 717
Order Number: NCS-1099426-M-ONT1
Page Number: 15
First American Title Insurance Company
LOT 14 OF TRACT NO. 3074, AS PER MAP RECORDED IN BOOK 43, PAGE 14 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

TRACT 7: (APN 0237-171-07-0-000)
LOT 13 OF TRACT 3074, IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA AS PER PLAT RECORDED IN BOOK 43 OF MAPS, PAGE 14, RECORDS OF SAIDCOUNTY.

TRACT 8: (APN 0237-171-08-0-000)
LOT 12, TRACT NUMBER 3074, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ASPER PLAT RECORDED IN BOOK 43, PAGE(S) 14 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

TRACT 9: (APN 0237-171-09-0-000)
139 718
Order Number: NCS-1099426-M-ONT1
Page Number: 16
First American Title Insurance Company
LOT 11 OF TRACT 3074, AS PER MAP RECORDED IN BOOK 43, PAGE 14 OF MAPS, IN THE OFFICEOF THE SAN BERNARDINO COUNTY RECORDER.

TRACT 10: (APN 0237-171-10-0-000)
LOT 10, TRACT NO. 3074, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PERPLAT RECORDED IN BOOK 43 OF MAPS, PAGE(S) 14, RECORDS OF SAIDCOUNTY.

TRACT 11: (APN 0237-171-11-0-000)
LOT 9 OF TRACT 3074, IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, CALIFORNIA ASPER MAP RECORDED IN BOOK 43, PAGE(S) 14, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

TRACT 12: (APN 0237-171-12-0-000)
LOT 8 OF TRACT NO. 3074, IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 43, PAGE(S) 14 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY.

TRACT 13: (APN 0237-171-13-0-000)
LOT 7, TRACT NUMBER 3074, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ASPER PLAT RECORDED IN BOOK 43 OF MAPS, PAGE(S) 14, OF

MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

TRACT 14: (APN 0237-171-14-0-000)
LOT 6, TRACT NO. 3074, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PERPLAT RECORDED IN BOOK 43 OF MAPS, PAGE 14, RECORDS OF SAID COUNTY.

TRACT 15: (APN 0237-171-15-0-000)
LOT 5, TRACT NO. 3074, AS PER PLAT RECORDED IN BOOK 43, OF MAPS PAGE 14, IN THE OFFICEOF THE COUNTY RECORDER OF SAID COUNTY.

TRACT 16: (APN 0237-171-16-0-000)
LOT 4 OF TRACT 3074 AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 43, PAGE(S) 44 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAIDCOUNTY.
140 719
Order Number: NCS-1099426-M-ONT1
Page Number: 17
First American Title Insurance Company
TRACT 17: (APN 0237-171-17-0-000)
LOT 1, TRACT NO. 3074, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PERPLAT RECORDED IN BOOK 43 OF MAPS, PAGE 14, RECORDS OF SAID COUNTY.

TRACT 18: (APN 0237-171-18-0-000)
LOT 2, TRACT NUMBER 3074, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ASPER PLAT RECORDED IN BOOK 43 OF MAPS, PAGE(S) 14, INCLUSIVE, RECORDS OF SAIDCOUNTY.

TRACT 19: (APN 0237-171-19-0-000)
LOT 3 OF TRACT 3074, AS PER MAP RECORDED IN BOOK 43, PAGE 14 OF MAPS, IN THE OFFICEOF THE COUNTY RECORDER OF SAID COUNTY.
141 720
Order Number: NCS-1099426-M-ONT1
Page Number: 18
First American Title Insurance Company
TRACT 20: (APN 0237-172-05-0-000)
LOT 20 OF TRACT NO. 3074, IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 43, PAGE(S) 14 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

TRACT 21: (APN 0237-172-04-0-000)
LOT 21 OF TRACT NO. 3074, IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATEOF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 43, PAGE 14 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

TRACT 22: (APN 0237-172-03-0-000)
LOT 22, TRACT 3074, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 43, PAGE(S) 14, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OFSAID COUNTY.

TRACT 23: (APN 0237-172-02-0-000)
LOT 23, TRACT 3074, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLATRECORDED IN BOOK 43 OF MAPS, PAGE 14, RECORDS OF SAID COUNTY.

TRACT 24: (APN 0237-172-01-0-000)
LOT 24, TRACT NUMBER 3074, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ASPER PLAT RECORDED IN BOOK 43 OF MAPS, PAGE(S) 14, INCLUSIVE, RECORDS OF SAIDCOUNTY.

TRACT 25: (APNS 0237-172-06-0-000 AND0237-172-07-0-000) LOT 25 AND 26 OF TRACT NO. 3074, IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA, AS PER MAP, RECORDED IN BOOK 43, PAGE 14 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

TRACT 26: (APN 0237-172-08-0-000)
LOT 27, TRACT NUMBER 3074, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ASPER PLAT RECORDED IN BOOK 43 OF MAPS, PAGE(S) 14, INCLUSIVE, RECORDS OF SAIDCOUNTY.

TRACT 27: (APN 0237-172-09-0-000)
142 721
Order Number: NCS-1099426-M-ONT1
Page Number: 19
First American Title Insurance Company
LOT 28, TRACT NO. 3074, AS PER PLAT RECORDED IN BOOK 43 OF MAPS, PAGE 14, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

TRACT 28: (APN 0237-172-10-0-000)
LOT 29 OF TRACT NO. 3074, IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 43, PAGE 14 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

TRACT 29: (APN 0237-172-11-0-000)
LOT 30, TRACT NUMBER 3074, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ASPER PLAT RECORDED IN BOOK 43 OF MAPS, PAGE(S) 14, INCLUSIVE, RECORDS OF SAIDCOUNTY.
143 722
Order Number: NCS-1099426-M-ONT1
Page Number: 20
First American Title Insurance Company
TRACT 30: (APN 0237-172-12)
THE WEST 75 FEET OF THE SOUTH 340 FEET OF THE EAST ONE-HALF OF THE FARM LOT 863, ACCORDING TO THE MAP SHOWING SUBDIVISION OF LANDS

BELONGING TO THE SEMI-TROPIC LAND AND WATER COMPANY, IN THE COUNTY

OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 11 OF MAPS, PAGE 12, IN THE OFFICE OF COUNTY RECORDER OF SAIDCOUNTY.

TRACT 31: (APN 0237-172-32-0-000)
PARCEL NO. 1:

THE WEST 1/2 OF THE EAST 150 FEET OF THE WEST 225 FEET OF THE SOUTH 340 FEET OF THE EAST 1/2 OF LOT 863, ACCORDING TO MAP SHOWING SUBDIVISION

OF LAND BELONGING TO SEMI-TROPIC LAND AND WATER COMPANY, AS PER MAP RECORDED IN BOOK 11 OF MAPS, PAGE 12, RECORDS OF SAID COUNTY.

PARCEL NO. 2:

AN EASEMENT FOR INGRESS AND EGRESS OVER THE WESTERLY 10 FEET OF THE EAST 1/2 OF THE EAST 150 FEET OF THE WEST 225 FEET OF THE SOUTH 340 FEET OF THE EAST 1/2 OF LOT 863, ACCORDING TO MAP SHOWING

SUBDIVISION OF LAND BELONGING TO SEMI-TROPIC LAND AND WATER COMPANY, AS PER MAP RECORDED IN BOOK 11 OF MAPS, PAGE 12, RECORDS OF SAID COUNTY.

TRACT 32: (APN 0237-172-33-0-000)
THE EAST 75.00 FEET OF THE WEST 225 FEET OF THE SOUTH 340.00 FEET TO THE EAST HALF OFLOT 863, ACCORDING TO THE MAP SHOWING SUBDIVISION OF

LAND BELONGING TO SEMI TROPIC LAND AND WATER COMPANY, AS PER MAY RECORDED IN BOOK 11, PAGE 12, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

TRACT 33: (APN 0237-172-26-0-000)
THE EAST 75 FEET OF THE WEST 300 FEET OF THE SOUTH 340 FEET OF THE EAST 1/2 OF FARM LOT 863, ACCORDING TO MAP SHOWING SUBDIVISION OF LANDS

BELONGING TO SEMI-TROPIC LAND AND WATER COMPANY, AS PER PLAT RECORDED IN BOOK 11 OF MAPS, PAGE 12, RECORDS OF SAID COUNTY.

AREA AND DISTANCES OF THE ABOVE DESCRIBED PROPERTY COMPUTED TO STREETCENTERS. TRACT 34: (APN 0237-172-27-0-000)
144 723
Order Number: NCS-1099426-M-ONT1
Page Number: 21
First American Title Insurance Company
THE EAST 75 FEET OF THE WEST 375 FEET OF THE SOUTH 340 FEET OF THE EAST 1/2 OF FARM LOT 863 ACCORDING TO MAP SHOWING SUBDIVISION OF LANDS

BELONGING TO SEMI-TROPIC LAND AND WATER COMPANY IN THE CITY OF

FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 11 OF MAPS, PAGE 12, RECORDS OF SAIDCOUNTY.

TRACT 35: (APN 0237-172-19-0-000)
THE WEST 75 FEET OF THE EAST 285 FEET OF THE SOUTH 340 FEET OF THE FARM LOT 863, IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF

CALIFORNIA, ACCORDING TO MAP SHOWING SUBDIVISION OF LAND

BELONGINGS TO SEMI-TROPIC LAND AND WATER COMPANY AS PER MAP RECORDED IN BOOK 11, PAGE 12 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
145 724
Order Number: NCS-1099426-M-ONT1
Page Number: 22
First American Title Insurance Company
TRACT 36: (APN 0237-172-23-0-000)
THE SOUTH 340 FEET OF THE EAST 1/2 OF LOT 863, ACCORDING TO THE MAP

SHOWN IN SUBDIVISION OF LANDS BELONGING TO THE SEMI-TROPIC LAND AND

WATER COMPANY, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 11 PAGE12, OF MAPS, RECORDS OF SAID COUNTY.

EXCEPTING THEREFROM THE WEST 450 FEET THEREOF.

ALSO EXCEPTING THEREFROM THE SOUTH 260 FEET THEREOF.

AREA AND DISTANCES ARE COMPUTED TO STREET CENTERS AS
SHOWN ON SAID MAP. TRACT 37: (APN 0237-172-30-0-000)
PARCEL 1:

THE NORTH 65 FEET OF THE SOUTH 260 FEET OF THE EAST 1/2 OF FARM LOT 863,

ACCORDINGTO MAP SHOWING SUBDIVISION OF LANDS BELONGING TO THE SEMI-TROPIC LAND AND WATER COMPANY, AS PER MAP RECORDED IN BOOK 11 OF MAPS, PAGE 12, RECORDS OF SAIDCOUNTY.

EXCEPT THE WEST 450 FEET THEREOF.

AREAS AND DISTANCES COMPUTED TO STREET CENTERS AS SHOWN ON SAID MAP. PARCEL 2:

A RIGHT OF WAY FOR INGRESS AND EGRESS OVER AND ACROSS THE NORTH 6 FEET OF THE EAST125 FEET OF THE SOUTH 195 FEET OF SAID LOT 863.

TRACT 38: (APN 0237-172-31-0-000)
THE NORTH 65 FEET OF THE SOUTH 195 FEET OF THE EAST 1/2 OF FARM LOT 863,

ACCORDING TO MAP SHOWING SUBDIVISION OF LANDS BELONGING TO THE

SEMI-TROPIC LAND AND WATER COMPANY, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 11, PAGE 12, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAIDCOUNTY.

EXCEPTING THEREFROM, THE WEST 450 FEET THEREOF.

AREAS AND DISTANCES COMPUTED TO STREET CENTERS AS SHOWN ON SAID MAP. TRACT 39: (APN 0237-172-28-0-000)
146 725
Order Number: NCS-1099426-M-ONT1
Page Number: 23
First American Title Insurance Company
THE SOUTH 65 FEET OF THE NORTH 195 FEET OF THE SOUTH 260 FEET OF THE EAST HALF OF FARM LOT 863, IN THE CITY OF FONTANA, COUNTY OF SAN

BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO MAP SHOWING

SUBDIVISION OF LANDS BELONGING TO THE SEMI-TROPIC LAND AND WATER COMPANY, AS PER MAP RECORDED IN BOOK 11 OF MAPS, PAGE 12, RECORDS OF SAID COUNTY.

EXCEPTING THEREFROM THE WEST 150 FEET THEREOF, AREAS AND DISTANCES COMPUTEDTO STREET CENTERS.

TRACT 40: (APN 0237-172-22-0-000)
147 726
4862-4501-8737.9
377876.00016/10-11-23/jcc/dh

EXHIBIT A
-1-
THE SOUTH 65 FEET OF THE EAST 1/2 OF FARM LOT 863, ACCORDING TO MAP

SHOWING SUBDIVISION OF LANDS BELONGING TO THE SEMI-TROPIC LAND AND

WATER COMPANY, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 11 OFMAPS, PAGE(S) 12, RECORDS OF SAID COUNTY.

EXCEPTING THEREFROM THE WEST 450 FEET THEREOF.

NOTE: AREA AND DISTANCES COMPUTED TO STREET CENTERS.

APN: 0237-171-01, 0-000, 0237-171-02-0-000, 0237-171-03-0-000, 0237-171-04-0-000, 0237-171-05-0-
000, 0237-171-06-0-000, 0237-171-07-0-000, 0237-171-08-0-000, 0237-171-09-0-000, 0237- 171-10-0-
000, 0237-171-11-0-000, 0237-171-12-0-000, 0237-171-13-0-000, 0237-171-14-0-000, 0237- 171-15-0-
000, 0237-171-16-0-000, 0237-171-17-0-000, 0237-171-18-0-000, 0237-171-19-0-000, 0237- 172-01-0-
000, 0237-172-02-0-000, 0237-172-03-0-000, 0237-172-04-0-000, 0237-172-05-0-000, 0237- 172-06-0-
000, 0237-172-07-0-000, 0237-172-08-0-000, 0237-172-09-0-000, 0237-172-10-0-000, 0237- 172-11-0-
000, 0237-172-12-0-000, 0237-172-19-0-000, 0237-172-22-0-000, 0237-172-23-0-000, 0237- 172-26-0-
000, 0237-172-27-0-000, 0237-172-28-0-000, 0237-172-30-0-000, 0237-172-31-0-000, 0237- 172-32-0-
000 and 0237-172-33-0-000 (Referenced for informational purposesonly) 148 727
4862-4501-8737.9
377876.00016/10-11-23/jcc/dh

EXHIBIT B
-1-

EXHIBIT B

TO DEVELOPMENT AGREEMENT BETWEEN
THE City OF FONTANA AND POPLAR SOUTH DC, LLC
EXHIBIT B – Map Showing Property and its location:
149 728
4862
-4501-8737.9
377876.00016/10-11-23/jcc/dh
EXHIBIT B -2-
150 729
4862-4501-8737.9
377876.00016/10-11-23/jcc/dh

EXHIBIT C
-1-

EXHIBIT C

TO DEVELOPMENT AGREEMENT BETWEEN
THE City OF FONTANA AND POPLAR SOUTH DC, LLC
Existing Development Approval
151 730
EVCS

EV EV EV EV EV EV EV EV EV EV EV EV EV EV EV EV EV EV

EV EV EV EV EVCS

EV EV EV EV

EV EV EVCS EVCS EVCS EVCS EVCS EVCS

CARPOOL/

VANPOOL

CARPOOL/

VANPOOL

CARPOOL/

VANPOOL

CARPOOL/

VANPOOL

CARPOOL/

VANPOOL

CARPOOL/

VANPOOL

CARPOOL/

VANPOOL

CARPOOL/

VANPOOL

CARPOOL/

VANPOOL

CARPOOL/

VANPOOL

CARPOOL/

VANPOOL

CARPOOL/

VANPOOL

CARPOOL/

VANPOOL

CARPOOL/

VANPOOL

CARPOOL/

VANPOOL

CARPOOL/

VANPOOL

CARPOOL/

VANPOOL

CARPOOL/

VANPOOL

CARPOOL/

VANPOOL

CARPOOL/

VANPOOL

CARPOOL/

VANPOOL EV EV EVCS EVCS EVCS EVCS LOADING LOADING LOADING T
WB-67 - Interstate Semi-Trailer WB-67 - Interstate Semi-Trailer WB-67 - Interstate Semi-Trailer
WB-67 - Interstate Semi-Trailer
WB-67 - Interstate Semi-Trailer
RGA
Office of Architectural Design
15231 Alton Parkway, Suite 100
Irvine, CA 92618
T 949-341-0920
FX 949-341-0922

POPLAR SOUTH DISTRIBUTION CENTER

FONTANA, CA SHEET TITLE

MARK DATE DESCRIPTION
A1-1P
COPYRIGHT: RGA, OFFICE OF ARCHITECTURAL DESIGN
CHK'D BY:

DRAWN BY:

CAD FILE NAME:

RGA PROJECT NO:

CS
CS
22016-00-A1-01
22016.00

SCHEMATIC SITE PLAN
SCALE: 1" = 50'-0"
Scott Irwin
Senior Vice President – Southern California
SEEFRIED INDUSTRIAL PROPERTIES, INC.
2301 Rosecrans Avenue, Suite 3165
El Segundo, CA 90245
Office: +1 310 536 7900
Cell: +1 562 484 8761
[email protected]
5/20/22 PLANNING SUBMITTAL
50' MIN.
9/2/22 2ND PLANNING SUBMITTAL
9/21/23 PC HEARING SET C A T A W B A A V E .

TYPE III-B

DRY STORAGE WAREHOUSE
40' CLR.

MAX. HT.: 50'
P O P L A R A V E .
0' 10' 20' 50' 100'
30'
34'
30'
44'

81.5' 392'-0" 185'
1,196'-0"
GENERAL PROJECT INFO:

ZONE:

SPECIFIC PLAN:

APN:

SOUTHWEST INDUSTRIAL PARK

SLOVER EAST INDUSTRIAL DISTRICT
PROJECT DATA:

NET SITE AREA:

FOOTPRINT AREA:

MEZZANINE AREA:

TOTAL FLOOR AREA:

OFFICE AREA:

WAREHOUSE AREA:

TOTAL:

BASE ALLOWABLE F.A.R.:
** DEVELOPMENT INCENTIVE FOR LEED CERTIFICATION
PROPOSED F.A.R.

AUTO PARKING REQUIRED
10,000 SF OFFICE (1/250 SF)
0 SF MANUFACTURING (1/600 SF)
480,550 SF WAREHOUSE
1 TO 20,000 SF (1/1,000 SF)
20K TO 40,000 SF (1/2,000 SF)
> 40,0000 SF (1/5,000 SF)
TOTAL REQUIRED:

AUTO PARKING PROVIDED
TRAILER PARKING REQUIRED - 1/5,000 SF
LANDSCAPE:

REQUIRED: 818,382 - 483,500 X 15%
PROVIDED:
819,701 SF / 18.82 AC
480,550 SF
10,000 SF
490,550 SF
10,000 SF
480,550 SF
490,550 SF

0.55 0.6325

0.60 40 STSALLS
0 STALLS
20 STALLS
10 STALLS
88 STALLS
158 STALLS
210 STALLS
98 98
50,232 SF
62,000 SF
VICINITY MAP:

PROJECT DESCRIPTION:

ONE NEW 490,550 SF SPECULATIVE WAREHOUSE BUILDING INTENDED FOR

HIGH CUBE STORAGE, INCLUDING DOCK HIGH LOADING FACILITIES, TRAILER PARKING, 210 AUTO PARKING STALLS, AND LANDSCAPE IMPROVEMENTS.

THE PROJECT WILL BE PURSUING LEED CERTIFICATION, AND PROPOSES TO

UTILIZE THE AVAILABLE INTENSITY BONUS RELATED TO THE GREEN BUILDING INCENTIVE IN TABLE 10-10 OF THE S.W.I.P. SPECIFIC PLAN.

CODE ANALYSIS:

CONSTRUCTION TYPE:

OCCUPANCY:

FIRE SPRINKLERS:

BUILDING HEIGHT:

MAX. ALLOWABLE:

PROPOSED:

STORIES:

MAX. ALLOWABLE:

PROPOSED:

ALLOWABLE AREA
III-B
S-1 PRIMARY OCC.

B / F-1 ACCESSORY

FULLY SPRINKLERED
75'
50'
3 2
UNLIMITED PER CBC 507
21 DOCK POSITIONS
77 TRAILER STALLS
8'H GATE

OFFICE OFFICE RAMP
20' 20'
490,550 SF
8 TRAILER
STALLS
RAMP
202 AUTO STALLS
TRASH

ENCLOSURE
PER CITY STD.

FIRE PUMP

ROOM - SCREEN

W/ LANDSCAPE
942'-8" - 6'H RETAINING WALL + 8'H SCREENWALL
(11) BIKE
RACKS

SEATING
AREA
SANTA ANA AVE.

JURUPA AVE.

POPLAR AVE.

CATAWBA AVE.

CITRUS AVE.

SITE
7' 19' 30' 19' 6.5'
56'
146' 153'
56'
8 AUTOS
35'35'
RIDGELINE - 46'-7" RIDGELINE - 46'-7"
9' TYP.
8'H GATE
14'DEDICATION

SETBACK

SETBACK
RAD.: 50'
RAD.: 50'
RAD.: 50'
RAD.: 50'
RAD.: 25'
RAD.: 25'
RAD.: 25'
RAD.: 25'

1. ANY EXISTING STRUCTURES ONSITE ARE TO BE DEMOLISHED.

2. ALL PROPOSED NEW ONSITE UTILITY SERVICES SHALL BE UNDERGROUND.

3. CONCRETE BANDS, 24" IN WIDTH, SHALL BE PROVIDED AT LANDSCAPE FINGERS.

4. DRIVEWAYS SHALL BE CONSTRUCTED PER CITY STANDARD PLANS.

5. STATE OF CALIFORNIA "GENERAL CONSTRUCTION NPDES PERMITS AND WDID NUMBERS MUST BE OBTAINED PRIOR TO PERMIT.

6. PARKING STALL DIMENSIONS: 9'W X 19'D - DOUBLE STRIPED PER CITY REQUIREMENTS. CLEAN AIR / CARPOOL PARKING SHALL BE PROVIDED PER CALGREEN REQUIREMENTS.

7. FIRE DEPT. APPROVED KNOX LOCKS SHALL BE PROVIDED AT ALL GATES.

8. FIRE DEPT. ACCESS SHALL BE PROVIDED PER STANDARDS:

ACCESS LANE WIDTH: 30'-0"
ACCESS LANE HEIGHT: 14'-6"
INSIDE TURN RADIUS: 19'-0"
GENERAL NOTES:
12' TYP.
8 TRAILER
STALLS
55' 60' 70'
5 TRAILER
STALLS
21 DOCK POSITIONS
13' TYP.
6" X 6" CONC. CURB
3" WIDE WHITE

TRAFFIC PAINT

STRIPING
24" WIDE STEP-OFF

CURB AT

LANDSCAPE

FINGERS / END
STALLS
9'-0" 9'-0" 9'-0"
AUTO PARKING DETAIL:

STANDARD
STALL
END
STALL
19'-0"
24" TYP.

EA. SIDE
9' TYP. 7'

PARKING
FINGER
14'H SCREENWALL
14'H SCREENWALL
14'H SCREENWALL 14'H SCREENWALL

STRIPED MEDIAN

STRIPED MEDIAN
50'
680' - NEW CMU PROPERTY LINE RET. WALL
6' MAX. HEIGHT
30" MAX. HT.

SPLITFACE CMU

RETAINING WALL
30" MAX. HT.

SPLITFACE CMU

RETAINING WALL
(E) 6'-8'H SCREENWALL ON ADJ. PROPERTY TO REMAIN (E) 6'-8'H SCREENWALL ON ADJ. PROPERTY TO REMAIN (E) 6'-8'H SCREENWALL ON ADJ. PROPERTY TO REMAIN 152 731
TYP.

TYP.

SHEET TITLE
MARK DATE DESCRIPTION A3-1P
COPYRIGHT: RGA, OFFICE OF ARCHITECTURAL DESIGN
CHK'D BY:

DRAWN BY:

CAD FILE NAME:

RGA PROJECT NO:

CS
CS
22016-00-A3-1
22016.00
SCALE: 1" = 30'-0" 0' 10' 20' 50' 100'
RGA
Office of Architectural Design
15231 Alton Parkway, Suite 100
Irvine, CA 92618
T 949-341-0920
FX 949-341-0922

POPLAR SOUTH DISTRIBUTION CENTER

FONTANA, CA

SCHEMATIC ELEVATIONS
Scott Irwin
Senior Vice President – Southern California
SEEFRIED INDUSTRIAL PROPERTIES, INC.
2301 Rosecrans Avenue, Suite 3165
El Segundo, CA 90245
Office: +1 310 536 7900
Cell: +1 562 484 8761
[email protected]
P-1 SHERWIN WILLIAMS
SW 7005 - PURE WHITE
P-2 SHERWIN WILLIAMS
SW 7072 - ONLINE
P-3 SHERWIN WILLIAMS
SW 7073 - NETWORK GRAY
P-4 SHERWIN WILLIAMS
SW 7005 - SOFTWARE
P-5 CLARION RED
PANTONE 7626C
GL-1 SOLARBAN 60 (2) SOLARGRAY
+ CLEAR INSULATED
9/2/22 2ND PLANNING SUBMITTAL
11/16/22 3RD PLANNING SUBMITTAL
5/20/22 PLANNING SUBMITTAL
9/5/23 4TH PLANNING SUBMITTAL
9/21/23 PC HEARING SET

NORTH ELEVATION

EAST ELEVATION

WEST ELEVATION

SOUTH ELEVATION
51'-0"51'-0"
47'-0"
51'-0"
47'-0"
51'-0"
47'-0"
49'-0"
45'-0"
49'-0"
49'-0"
45'-0"

FINISH LEGEND
14'
14'

PAINTED DOCK
DOOR
8' HIGH BLACK TUBE

STEEL ROLLING GATE AT

TRUCK ENTRANCE

FORMLINER

VERTICAL BAND
14' PAINTED CONCRETE

TILT-UP SCREENWALL

CLERESTORY

WAREHOUSE

WINDOWS

FORMLINER

VERTICAL BAND

PRIMARY

ENTRANCE

PRIMARY

ENTRANCE

STEEL TRELLIS

OVER ENTRY

PAINTED GRADE

RAMP DOOR
8' HIGH BLACK TUBE

STEEL ROLLING GATE AT

TRUCK ENTRANCE
14' PAINTED CONCRETE

TILT-UP SCREENWALL
NOTES:

1. ALL ROOFTOP MECH. EQUIPMENT
SHALL BE SCREENED FROM VIEW.
14'H FIRE PUMP

BUILDING
4'
51'-0"
51'-0"
47'-0"
4'
4'
4'
4'4'4'
4'4'
51'-0"
4'

FIRE PUMP

ELEVATIONS

SOUTH EAST NORTH

SOUTH RETAINING WALL / SCREENWALL ELEVATION
8'
8'
153 732
Engineering, Inc. Civil Engineering/Land Surveying/Land Planning NOT FOR CONSTRUCTION · · ···· 154 733
10 DRC Engineering, Inc.

Civil Engineering/Land Surveying/Land Planning
155 734

NOTICE OF DETERMINATION
TO:_X_ County Clerk, County of FROM: City of Fontana
San Bernardino Planning Department
8353 Sierra Avenue
_X_ Office of Planning and Research Fontana, CA 92335
SUBJECT: Filing of Notice of Determination in Compliance with Section 21152 of the Public Resources Code.

Project Title: Master Case No. 22-079: General Plan Amendment (GPA) No. 22-007, Specific Plan Amendment (SPA) No. 22-003, Development Agreement (AGR) No. 22-003, Tentative Parcel Map (TPM No. 20638) No. 22-016, Design Review (DRP) No. 22-040.

State Clearinghouse Number: 2022090611
Name of Person or Agency carrying out project: Seefried Industrial Properties, INC, 2321 Rosecrans Ave, Suite No. 2220 El Segundo, CA 90245.

Project Location: The project site includes property located to the east side of Poplar Avenue, west of Catawba Avenue and on properties along Rose Avenue (APNs) 0237-171-01, -02, -03, - 04, -05, -06, -07, -08, -09, -10, -11, -12, -13, -14, -15, -6, -17, -18, -19, and 0237-172-01, -02, -03, -04, -05, -06, -07, -08, -09, -10, -11, -12, -19, -22, -23, -26, -27, -28, -30, -31, - 32, and 33.

Project Description: Master Case No. 22-079: General Plan Amendment (GPA) No. 22-007, Specific Plan Amendment (SPA) No. 22-003, Development Agreement (AGR) No. 22-003, Tentative Parcel Map (TPM No. 20638) No. 22-016, Design Review (DRP) No. 22-040, and Final Environmental Impact Report for the development of an industrial commerce building totaling approximately 490,565 square feet within a project site comprised of approximately 18.8 acres.

This is to certify that the City of Fontana approved the above described project on November 14, 2023 and made the following determinations:

1. The project __X__ will ___ will not have a significant effect on the environment.

2. An Environmental Impact Report (EIR) was prepared and fully analyzed the effects of the project. The EIR thoroughly analyzed and discussed all potential environmental impacts.

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

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

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

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

Custodian: City of Fontana, Planning Department
Location: 8353 Sierra Avenue, Fontana, CA 92335
____________________________
DiTanyon Johnson
Principal Planner
Date Received for Filing
ATTACHMENT NO. 8
156 735

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

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

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

Master Case (MCN) No. 22-079, General Plan Amendment (GPA) No. 22-007, Specific Plan Amendment (SPA) No. 22-003, Tentative Parcel Map (TPM) No. 22-016, Development Agreement (AGR) No. 22-003 and Design Review (DRP) No. 22- 040: Request for development of an approximately 18.8‐acre property with an industrial commerce center building of approximately 490,565 square feet, consolidation of 41 parcels into 1 parcel, amendment of the General Plan land use designation from Residential Trucking (RT) to General Industrial (I‐G), and revision of the Southwest Industrial Park Specific Plan from Residential Trucking District (RTD) to Slover East Industrial District (SED). The industrial commerce center project also includes a screened dock area along the south side of the building, vehicular parking areas, drive aisles, and landscaping. The applicant has also prepared a development agreement.

Environmental
Determination:

This project has been
determined to have a potentially
significant effect on the
environment and a Draft
Environmental Impact Report
(EIR) (SCH No. 2022090611)
has been prepared pursuant to
Sections 15080 and 15097 of the
California Environmental Quality
Act (CEQA).

Location of
Property:

The Project Site is located to
the north and south sides of
Rose Avenue between Poplar
Avenue and Catawba Avenue
Date of
Hearing:

October 17, 2023
Place of
Hearing:

City Hall Council
Chambers
8353 Sierra Avenue
Fontana, CA 92335
Time of
Hearing: 6:00 P.M.

ATTACHMENT NO. 9
Rose Avenue
Santa Ana Avenue
Poplar Avenue
Catawba Avenue
Project Area
157 736
The City of Fontana (City) has prepared an Environmental Impact Report (EIR) for the proposed project. The Draft and Final EIR are available for review at City Hall (8353 Sierra Avenue Fontana, CA 92335) and online at https://www.fontanaca.gov/2137/Environmental-Documents. Should you have any questions concerning this project, please contact Alejandro Rico, Associate Planner at (909) 350-6558 or [email protected].

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

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

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

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

Publish: October 6, 2023
158 737
Draft Planning Commission Minutes of October 17, 2023 hearing - item PH-B ATTACHMENT NO. 17
PH-B Master Case No. 22-079: General Plan Amendment (GPA) No. 22-007, Specific Plan Amendment (SPA) No. 22-003, Development Agreement (AGR) No. 22-003, Tentative Parcel Map (TPM No. 20638) No. 22-016, Design Review (DRP) No. 22-040, and Final Environmental Impact Report for the development of an industrial commerce building totaling approximately 490,565 square feet within a project site comprised of approximately 18.8 acres.

Vice Chair Sanchez opened Public Hearing.

Alejandro Rico, Associate Planner, presented the staff report and mentioned that staff provided the Commission a separate memo indicating the modification of the project’s development agreement.

The commission requested staff to clarify the project’s zoning designation and the assigned zoning on the property above the project along Santa Ana Avenue.

The commission and staff also discussed the queuing of the project and the Sustainability Ordinance.

The applicant, Dan Bick, on behalf of Seefried Industrial Properties, Inc., stated that he read and agreed to the Conditions of Approval and thanked the Planning Commission for the opportunity to work and operate within the city and gave a brief description of the proposed project.

Commissioner Sangha complimented the project’s nighttime renderings.

Planning Attorney, Steven Deithsch addressed the applicant and asked to confirm his understanding of the alteration of the Draft Development Agreement.

The following individuals spoke in favor:
 Anthony Bolano
 Zach Strasters
 David Mitchel
 Jr. Ortiz
The following individuals spoke in opposition:
 Amy Smith
The Public Hearing was closed.

RECOMMENDATION:

Based on the information contained in this staff report, staff recommends that the Planning Commission adopt Resolution No. PC 2023-037, and forward a 738
Planning Commission Draft Minutes October 17, 2023

Page 2 of 2 ends

recommendation to the City Council to:

1. Adopt a resolution to certify the EIR, a Mitigation Monitoring and Reporting Program, and a Statement of Facts and Findings, and direct staff to file a Notice of Determination; and,

2. Adopt a resolution approving General Plan Amendment (GPA) No. 22-007; and,

3. Adopt an ordinance approving Specific Plan Amendment (SPA) No. 22-003; and,

4. Adopt an ordinance approving Development Agreement (AGR) No. 22-003; and,

5. Adopt a resolution approving Tentative Parcel Map No. 22-016 (TPM No. 20638) and Design Review No. 22-040 subject to the attached Findings and Conditions of Approval.

ACTION: Motion was made by Commissioner Sangha, seconded by Commissioner Quintana, and passed by a vote of 3-0 to adopt Resolution PC No. 2023-037; approve Master Case No. 22-079; Specific Plan Amendment No. 22-003; Development Agreement No. 22-003, Tentative Parcel Map No. 22-016; Design Review No. 22-040 and Final Environmental Impact Report.

The motion carried by the following vote:

Aye: Vice Chair Sanchez, Commissioners Sangha, and Quintana

Absent: Chair Fort and Secretary Thrasher
739
ATTACHMENT NO. 18

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

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

Master Case No. 22-079: General Plan Amendment (GPA) No. 22-007, Specific Plan Amendment (SPA) No. 22-003, Development Agreement (AGR) No. 22-003, Tentative Parcel Map (TPM No. 20638) No. 22- 016, Design Review (DRP) No. 22-040: Request for development of an approximately 18.8‐acre property with an industrial commerce center building of approximately 490,565 square feet, consolidation of 41 parcels into 1 parcel, amendment of the General Plan land use designation from Residential Trucking (RT) to General Industrial (I‐G), revision of the Southwest Industrial Park Specific Plan from Residential Trucking District (RTD) to Slover East Industrial District (SED) and Development Agreement to include a public benefit fee. The industrial commerce center project also includes a screened dock area along the south side of the building, vehicular parking areas, drive aisles, and landscaping.

Environmental
Determination:

This project has been
determined to have a
potentially significant effect
on the environment and a
Draft Environmental Impact
Report (EIR) (SCH No.
2022090611) has been
prepared pursuant to
Sections 15080 to 15097
and Section 15163 of the
California Environmental
Quality Act (CEQA).

Location of
Property:

The Project Site is located to
the north and south sides of
Rose Avenue between
Poplar Avenue and Catawba
Avenue.

Date of
Hearing:

November 14, 2023
Place of
Hearing:

City Hall Council
Chambers
8353 Sierra Avenue
Fontana, CA 92335
Rose Avenue
Santa Ana Avenue
Poplar Avenue
Catawba Avenue
Project Area
740
ATTACHMENT NO. 18
Time of
Hearing: 7:00 P.M.

The City of Fontana (City) has prepared a Final Environmental Impact Report (FEIR) for the proposed project. The FEIR is available for review at City Hall (8353 Sierra Avenue Fontana, CA 92335) and online at https://www.fontanaca.gov/2137/Environmental-Documents. Should you have any questions concerning this project, please contact Alejandro Rico, Associate Planner, at (909) 350-6558. E-mail: [email protected]

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

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

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

HEARING DESCRIBED IN THIS NOTICE, OR IN WRITTEN CORRESPONDENCE TO THE CITY AT, OR PRIOR TO, THE PUBLIC HEARING.
741
ATTACHMENT NO. 19
RESOLUTION NO. 2023-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA

ADOPTING THE MITIGATED NEGATIVE DECLARATION AND

MITIGATION MONITORING AND REPORTING PROGRAM AND
DIRECTING STAFF TO FILE A NOTICE OF DETERMINATION;
APPROVING GENERAL PLAN AMENDMENT NO. 23-003 (PART NO. 4 OF GENERAL PLAN AMENDMENT CYCLE NO. 4 OF 2023) AMENDING
EXHIBIT 15.8 (FUTURE LAND USE MAP) IN CHAPTER 15 (LAND USE,

ZONING AND URBAN DESIGN) OF THE GENERAL PLAN TO CHANGE

THE GENERAL PLAN LAND USE FOR THE ENTIRE PROJECT SITE
(SITES A AND B - APNS: 0232-171-05, -06, -07, -08, -09, -12, -13, AND -14) COMPRISED OF APPROXIMATELY 25 ACRES FROM OPEN SPACE (OS)

TO LIGHT INDUSTRIAL (I-L) AND TO ADD AN EMERGENCY SHELTER

OVERLAY DISTRICT DESIGNATION ON A PORTION OF THE PROJECT SITE COMPRISED OF FOUR (4) PARCELS (SITE A - APNS: 0232-171-05, -06, -07, AND -08) THAT INCLUDES APPROXIMATELY 7 ACRES
WHEREAS, assessor parcel numbers 0232-171-08, -09, -12, -13, and -14 were annexed from San Bernardino County and incorporated into the City of Fontana on July 21, 1965, and assessor parcel numbers APNs: 0232-171-05, -06, and 07 were annexed from San Bernardino County and incorporated into the City of Fontana on December 18, 1974; and
WHEREAS, on November 13, 2018, the most recent edition of the City of Fontana General Plan (“General Plan”) was adopted by the Fontana City Council (“City Council”) and the City of Fontana Housing Element was adopted by the City Council on February 8, 2022; and
WHEREAS, on August 31, 2023, the City of Fontana’s (the “City”) Engineering Department initiated General Plan Amendment (GPA No. 23-003) to amend Figure 15.9 (Land Use Category) in Chapter 15 (Land Use, Zoning and Urban Design) of the General Plan for approximately 25 acres located on the southwest corner of Arrow Boulevard and Tokay Avenue (Sites A and B together “Project Site”) from Open Space (“OS”) to Light Industrial (I-L) and to include an emergency shelter overlay district designation for Site A; a Zoning Code (District Map) Amendment (ZCA No. 23-004) to change the zoning for the Project Site from Open Space Resource (“OS-R”) to light industrial (“M-1”) and a Development Code Amendment (ZCA No. 23-005) to add an Emergency Shelter Overlay District designation for Site A. The amendments together are known as Master Case Number 23-092 (MCN 23-092). The attached Exhibit “A” depicts the General Plan amendment to amend Exhibit 15.8 (Future Land Use Map) in Chapter 15 (Land Use, Zoning and Urban Design); and,
WHEREAS, the Project Site is divided into two parts, Site A and Site B, each comprised of four parcels. Site A encompasses four (4) parcels (APNs: 0232-171-05, - 06, -07, and -08), that front Arrow Boulevard and Site B encompasses four (4) parcels (APNs: 0232-171-09, -12, -13, and -14), that front Tokay Avenue; and 742
Resolution No. 2023-_____
ATTACHMENT NO. 18

Page 2 of 6 ends

WHEREAS, MCN 23-092 is supported by the goals and policies of the General Plan; and
WHEREAS, an amendment to the General Plan will allow for a mixture of industrial, service and residential uses that will contribute to a sustainable community where future workers may live and utilize the services in the respective area as anticipated in the General Plan; and
WHEREAS, amendment to the General Plan includes the addition of an Emergency Shelter Overlay District designation for Site A that will allow for a variety of housing types including supportive and transitional housing uses; and WHEREAS, GPA No. 23-003 is supported by the goals and policies of the General Plan; and
WHEREAS, the General Plan Amendment is considered a “Project” as defined by the California Environmental Quality Act (CEQA); and
WHEREAS, pursuant to the California Environmental Act (CEQA), an Initial Study (IS) /Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) were prepared. A Notice of Intent to Adopt the IS/MND was issued on September 22, 2023, providing for a public comment period from September 22, 2023 to October 17, 2023. No comments were received. The IS concludes that with the implementation of mitigation measures, no significant impacts would be caused by the project, therefore, a MND has been recommended for adoption; and WHEREAS, all the notices required by statute or the Fontana Municipal Code have been given as required; and
WHEREAS, on October 17, 2023, the Fontana Planning Commission (“Planning Commission”) conducted a noticed public hearing for the project MND, MMRP and MCN 23-092, and received public testimony and evidence presented by the Applicant, City staff and other interested parties, and recommended approval to the City Council by Resolution No. 2023-037 by a vote (3:0); and
WHEREAS, on November 14, 2023, the City Council conducted a noticed public hearing on the project MND, MMRP, and MCN 23-092, received testimony from all parties and documentation from the Planning Commission’s public hearing on October 17, 2023; and
WHEREAS, based on the evidence and testimony presented to the City Council at the public hearing held on November 14, 2023 for the project MND, MMRP, and MCN 23- 092 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 743
Resolution No. 2023-_____
ATTACHMENT NO. 18

Page 3 of 6 ends

WHEREAS, the City of Fontana wishes to protect and preserve the quality of the life throughout the City, through effective land use and planning; and WHEREAS, pursuant to Government Code Section 65358 on November 14, 2023 the City Council adopted one General Plan Amendment in the following five parts: Part No. 1 – GPA No. 22-001, Merrill Land Use Re designation; Part No. 2 – GPA No. 22-005, Banana North Apartments; Part No. 3–GPA No. 22-007, Poplar South Distribution Center Project Part No. 4– GPA No. 23-003, Arrow and Tokay Land Use Re designation; and Part No. 5 – GPA No. 23-004, Citrus/Oleander Industrial Commerce Center; and NOW, THEREFORE, the City Council RESOLVES as follows:

SECTION 1. Recitals. The recitals are true, correct and incorporated herein by this reference.

SECTION 2. CEQA. The City Council hereby adopts the MND and approves the MMRP for the project. The City Council finds that the MND contains a complete and accurate reporting of all the environmental impacts associated with the Project. The City Council further finds that the MND has been completed in compliance with CEQA, 2019 Local Guidelines for Implementing the California Environmental Quality Act, and the State CEQA Guidelines.

SECTION 3. General Plan Amendment Findings. The City Council hereby makes the following findings for GPA No. 23-003 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.

The project is consistent with subsection A of the Actions outlined in the City’s first Goal under Section E (Policies and Actions to Achieve the Goals) of Chapter 13 of the General Plan - to “[e]stablish a balanced of industrial and manufacturing development along with services, especially in sectors with living wage jobs.” The site is currently designated as OS-R and a portion of the Project Site, Site B, was once used for mining. The property has since been vacant as the mining operations in Site B have ceased. The land use redesignation will facilitate future revitalization and development 744
Resolution No. 2023-_____
ATTACHMENT NO. 18

Page 4 of 6 ends

possibilities for the property, which will contribute to opportunities for living wage jobs in an area developed with industrial, service and residential uses.

The project is consistent with subsection A of the Actions outlined in the City’s third Goal under Section E of Chapter 13 of the General Plan—to “[r]efine zoning to encourage mixed-use development where appropriate and create standards and procedures to implement connectivity improvements in new development areas.” The project site is within 100 feet of the walkable mixed-use downtown and downtown corridors (WMXU-1) area where
residential, service, commercial and some light industrial uses are envisioned in the General Plan. Modifying the designation in this area would contribute to a mixture of industrial, service and residential uses that will be developed with sidewalks to provide connectivity to other nearby uses and to contribute to a sustainable community where future workers of industrial, service and residential workers could live, walk, and utilize the services in the area as anticipated in the General Plan.

The land use re-designation is consistent with Goal No. 1 on page 4- 10, Policy 1N, Section 4 of the Housing Element: Amend Fontana Zoning Code for a variety of housing types. The project includes the addition of an Emergency Shelter Overlay District designation for Site A. This Emergency Shelter Overlay District will allow for a variety of housing types including supportive and transitional housing uses for properties in this overlay within the Light Industrial (M-1) zoning district.

SECTION 4. General Plan Amendment Approval. Based on the findings in Section 3, the City Council hereby approves GPA No. 23-003 to amend Exhibit 15.8 (Future Land Use Map) in Chapter 15 (Land Use, Zoning and Urban Design) of the General Plan to re-designate the entire Project Site (Sites A and B) from Open Space (OS) to Light Industrial (I-L) and to add an emergency shelter overlay district designation for a portion of the Project Site comprised of four (4) parcels (Site A) as shown as Exhibit “A” attached hereto and incorporated herein by reference as fully set forth herein.

SECTION 5. Effective Date. This Resolution shall take effect thirty (30) days after the adoption of the City Council Ordinance adopting Zoning District Map Amendment (ZCA) No. 23-004 and City Council Ordinance adopting Development Code Amendment (ZCA) No. 23-005 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. 745
Resolution No. 2023-_____
ATTACHMENT NO. 18

Page 5 of 6 ends

SECTION 6. 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 7. Certification. The City Clerk of the City Council shall certify to the adoption of this Resolution.

SECTION 8. 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.

PASSED, APPROVED AND ADOPTED this 14th day of November 2023.

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

I, Germaine Key, City Clerk of the City of Fontana and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City of Fontana at a regular meeting thereof, held on the 14th day of November 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
746
Resolution No. 2023-_____
ATTACHMENT NO. 18

Page 6 of 6 ends

EXHIBIT “A”
EXISTING AND PROPOSED GENERAL PLAN LAND USE DESIGNATION (EXHIBIT 15.8 [FUTURE LAND USE MAP] IN CHAPTER 15 [LAND USE, ZONING AND URBAN DESIGN]

OF THE GENERAL PLAN) - FOR THE ENTIRE PROJECT SITE (SITES A AND B) COMPRISED OF EIGHT (8) PARCELS (APNS: 0232-171-05, -06, -07, -08, -09, -12, -13, AND -14) FROM OPEN SPACE (OS) TO LIGHT INDUSTRIAL (I-L) AND TO ADD AN

EMERGENCY SHELTER OVERLAY DISTRICT DESIGNATION FOR SITE A COMPRISED OF FOUR (4) PARCELS (APNS: 0232-171-05, -06, -07, AND -08) 747
ATTACHMENT NO. 20
ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FONTANA,

APPROVING, PURSUANT TO A MITIGATED NEGATIVE DECLARATION, ZONING DISTRICT MAP AMENDMENT NO. 23-004 TO CHANGE THE ZONING DESIGNATION FOR THE PROJECT SITE (SITES A AND B - APNS: 0232-171- 05, -06, -07, -08, -09, -12, -13, AND -14) FROM OPEN SPACE - RESOURCE (OSR) TO LIGHT INDUSTRIAL (M-1) FOR A SITE COMPRISED OF APPROXIMATELY 25 ACRES
WHEREAS, assessor parcel numbers 0232-171-08, -09, -12, -13, and -14 were annexed from San Bernardino County and incorporated into the City of Fontana on July 21, 1965, and assessor parcel numbers APNs: 0232-171-05, -06, and 07 were annexed from San Bernardino County and incorporated into the City of Fontana on December 18, 1974; and
WHEREAS, on November 13, 2018, the most recent edition of the City of Fontana General Plan (“General Plan”) was adopted by the Fontana City Council (“City Council”) and the City of Fontana Housing Element was adopted by the City Council on February 8, 2022; and
WHEREAS, on August 31, 2023, the City of Fontana’s (“the City”) Engineering Department initiated General Plan Amendment (GPA) No. 23-003 to amend Figure

15.9 (Land Use Category) in Chapter 15 (Land Use, Zoning and Urban Design) of the General Plan for approximately 25 acres located on the southwest corner of Arrow Boulevard and Tokay Avenue (“Sites A and B” together “Project Site”) from Open Space (“OS”) to Light Industrial (I-L) and to include an emergency shelter overlay district designation for Site A; Zoning District Map Amendment (ZCA) No. 23-004 to change the zoning for the Project Site from Open Space Resource (“OS-R”) to light industrial (“M-1”) and Development Code Amendment (ZCA) No. 23-005 to add an Emergency Shelter Overlay District designation for Site A. The attached Exhibit “A” depicts the Zoning District Map Amendment to re designate the entire project site (Sites A and B) from Open Space - Resource (OS-R) to Light Industrial (M-1); and, WHEREAS, the Project Site is divided into two parts, Site A and Site B, each comprised of four parcels. Site A encompasses four (4) parcels (APNs: 0232-171-05, -06, -07, and -08), that front Arrow Boulevard and Site B encompasses four (4) parcels (APNs: 0232-171-09, -12, -13, and -14), that front Tokay Avenue; and, WHEREAS, the amendments to the Zoning District Map will contribute to mixture of industrial, service, and residential uses that will contribute to a sustainable community where future workers at the project site could live and utilize the services in the area as anticipated in the General Plan; and
WHEREAS, all the notices required by statute and the Fontana City Code have been given as required; and
748
Ordinance No. 2023 - ___

Page 2 of 6 ends

WHEREAS, on October 17, 2023, the Fontana Planning Commission (“Planning Commission”) held a noticed public hearing for the project MND, MMRP, and MCN 23- 092, received public testimony and evidence presented by the Applicant, City staff, and other interested parties and recommended approval to the City Council by Resolution No. 2023-039 by a vote (3:0); and
WHEREAS, the Zoning District Map Amendment is considered a “Project” as defined by the California Environmental Quality Act (CEQA); and WHEREAS, on November 14, 2023, per Resolution XXX, the City Council adopted the MND and approved the MMRP; and
WHEREAS, on November 14, 2023, the City Council conducted a noticed public hearing on the project MND, MMRP, and MCN 23-092, received testimony from all parties and documentation from the Planning Commission’s public hearing on October 17, 2023; and
WHEREAS, based on the evidence and testimony presented to the City Council at the public hearing held for the project MND, MMRP, and MCN 23-092, the City Council found that the amendments and project are in conformance with the goals and policies of the General Plan.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA DOES ORDAIN AS FOLLOWS:

SECTION 1. Recitals. The recitals are true, correct and incorporated herein by this reference.

SECTION 2. CEQA. Having considered the adopted Mitigated Negative Declaration and all written and oral evidence presented to the City Council, the Council finds that all environmental impacts of the Project have been addressed within the Mitigated Negative Declaration, and that there is no substantial evidence in the administrative record supporting a fair argument that the Project may result in any significant environmental impacts beyond those analyzed in the Mitigated Negative Declaration. Therefore, pursuant to State CEQA section 15164 and Section 8.06 of the City of Fontana’s 2019 Local Guidelines for Implementing CEQA the City Council finds that the preparation of a subsequent or supplemental CEQA document is not required for the Project.

SECTION 3. Zoning District Map Amendment Findings. The City Council hereby makes the following findings for ZCA No. 23-004 in accordance with Section 30-31 “Purpose” of the Fontana Zoning and Development Code:
749
Ordinance No. 2023 - ___

Page 3 of 6 ends

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

The project is consistent with Subsection A of the Actions outlined in the City’s first Goal under Section E (Policies and Actions to Achieve the Goals) of Chapter 13 of the General Plan- to “[e]stablish a balanced of industrial and manufacturing development along with services, especially in sectors with living wage jobs.” The site is currently designated as OS-R and a portion of the Project Site, Site B, was once used for mining. The property has since been vacant as the mining operations in Site B have ceased. The land use re-designation will facilitate future revitalization and development possibilities for the property, which will contribute to opportunities for living wage jobs in an area developed with industrial, service and residential uses.

The project is consistent with Subsection A of the Actions outlined in the City’s third Goal under Section E of Chapter 13 of the General Plan—to “refine zoning to encourage mixed-use
development where appropriate and create standards and
procedures to implement connectivity improvements in new development areas.” The project site is within 100 feet of the walkable mixed-use downtown and downtown corridors (WMXU1) area where residential, service, commercial and some light industrial uses are envisioned in the General Plan. Modifying the designation in this area would contribute to a mixture of industrial, service and residential uses that will be developed with sidewalks to provide connectivity to other nearby uses and to contribute to a sustainable community where future workers of industrial, service and residential workers could live, walk, and utilize the services in the area as anticipated in the General Plan.

The land use re-designation is consistent with Goal No. 1 on page 4-10, Policy 1N, Section 4 of the Housing Element: Amend Fontana Zoning Code for a variety of housing types. The project includes the addition of an Emergency Shelter Overlay District designation for Site A. This Emergency Shelter Overlay District will allow for a variety of housing types including supportive and 750
Ordinance No. 2023 - ___

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transitional housing uses for properties in this overlay within the Light Industrial (M-1) zoning district.

SECTION 4. Zoning District Map Amendment Approval. Based on the findings in Section 3, the City Council hereby approves ZCA No. 23-004 to modify the Zoning District Map current designation of the Project Site from Open Space - Resource (OS-R) to Light Industrial (M-1) as shown as Exhibit “A” attached hereto and incorporated herein by reference as fully set forth herein.

SECTION 5. Effective Date/Publication. 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, shall be published by the City Clerk at least once in the Fontana Herald News, a 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 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.

SECTION 7. Certification. The City Clerk of the City Council shall certify to the adoption of this Ordinance.

SECTION 8. Severability. If any provision of this Ordinance 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 Ordinance that can be given effect without the invalid provision or application.

APPROVED AND ADOPTED this 14th day of November 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 14th day of November 2023, and was finally passed and adopted not less than five days thereafter on the 12th day of December 2023, by the following vote to wit:

AYES:

NOES:

ABSENT:
751
Ordinance No. 2023 - ___

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_________________________________________
City Clerk of the City of Fontana
_________________________________________
Mayor of the City of Fontana
ATTEST:
_________________________________________
City Clerk
752
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“EXHIBIT A”

EXISTING AND PROPOSED ZONING LAND USE DESIGNATION - FOR THE PROJECT SITE (SITES A & B) COMPRISED OF EIGHT (8) PARCELS (APNS: 0232- 171-05, -06, -07, -08, -09, -12, -13, AND -14) FROM OPEN SPACE - RESOURCE (OSR) TO LIGHT INDUSTRIAL (M-1) 753
ATTACHMENT NO. 21
ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FONTANA,

APPROVING, PURSUANT TO A MITIGATED NEGATIVE DECLARATION, DEVELOPMENT CODE AMENDMENT NO. 23-005 TO AMEND SECTION 30- 651 (A), FIGURE 1 OF THE ZONING AND DEVELOPMENT CODE TO ADD AN

EMERGENCY SHELTER OVERLAY DISTRICT DESIGNATION FOR SITE A COMPRISED OF FOUR (4) PARCELS (SITE A - APNS: 0232-171-05, -06, -07, AND -08) THAT INCLUDES APPROXIMATELY 7 ACRES
WHEREAS, assessor parcel numbers 0232-171-08, -09, -12, -13, and -14 were annexed from San Bernardino County and incorporated into the City of Fontana on July 21, 1965, and assessor parcel numbers APNs: 0232-171-05, -06, and 07 were annexed from San Bernardino County and incorporated into the City of Fontana on December 18, 1974; and
WHEREAS, on November 13, 2018, the most recent edition of the City of Fontana General Plan (“General Plan”) was adopted by the Fontana City Council (“City Council”) and the City of Fontana Housing Element was adopted by the City Council on February 8, 2022; and
WHEREAS, on August 31, 2023, the City of Fontana’s (“the City”) Engineering Department initiated General Plan Amendment (GPA No. 23-003) to amend Figure

15.9 (Land Use Category) in Chapter 15 (Land Use, Zoning and Urban Design) of the General Plan for approximately 25 acres located on the southwest corner of Arrow Boulevard and Tokay Avenue (“Sites A and B” together “Project Site”) from Open Space (“OS”) to Light Industrial (I-L) and to include an emergency shelter overlay district designation for Site A; Zoning Code (District Map) Amendment (ZCA No. 23- 004) to change the zoning for the Project Site from Open Space Resource (“OS-R”) to light industrial (“M-1”) and Development Code Amendment (ZCA No. 23-005) to add an Emergency Shelter Overlay District designation for Site A. The amendments together are known as Master Case Number 23-092 (MCN 23-092). The attached Exhibit “A” depicts ZCA No. 23-005 amending Figure 1 of Section 30-651 (a) of the Zoning and Development Code to add an Emergency Shelter Overlay District designation for a portion of the project site comprised of four (4) parcels (Site A); and WHEREAS, the Project Site is divided into two parts, Site A and Site B, each comprised of four parcels. Site A encompasses four (4) parcels (APNs: 0232-171-05, -06, -07, and -08), that front Arrow Boulevard and Site B encompasses four (4) parcels (APNs: 0232-171-09, -12, -13, and -14), that front Tokay Avenue; and WHEREAS, the amendment to the Development Code will allow for a variety of housing types including supportive and transitional housing uses; and WHEREAS, the amendments to the Development Code will contribute to a mixture of industrial, service, and residential uses that will contribute to a sustainable 754
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community where future workers at the project site could live and utilize the services in the area as anticipated in the General Plan; and
WHEREAS, the Development Code Amendment is considered a “Project” as defined by the California Environmental Quality Act (CEQA); and WHEREAS, pursuant to the California Environmental Act (CEQA), an Initial Study (IS) /Mitigated Negative Declaration (MND) and Mitigation Monitoring Program were prepared. A Notice of Intent to Adopt the IS/Mitigated Negative Declaration was issued on September 22, 2023, providing for a public comment period from September 22, 2023, to October 17, 2023. No comments were received. The IS concludes that no significant impacts would be caused by the project, therefore, a MND was recommended for adoption; and
WHEREAS, all the notices required by statute and the Fontana City Code have been given as required; and
WHEREAS, on October 17, 2023, the Fontana Planning Commission (“Planning Commission”) conducted a noticed public hearing on the project MND, MMRP and MCN 23-092, and received public testimony and evidence presented by the Applicant, City staff, and other interested parties and recommended approval to the City Council by Resolution No. 2023-039 by a vote (3:0); and
WHEREAS, on November 14, 2023, the City Council conducted a noticed public hearing on the project MND, MMRP and MCN 23-092, received testimony from all parties and documentation from the Planning Commission’s public hearing on October 17, 2023; and
WHEREAS, on November 14, 2023, the City Council, per Resolution No.___, adopted the Mitigated Negative Declaration along with the MMRP for the project; and WHEREAS, based on the evidence and testimony presented to the City Council at the public hearing held for the project MND, MMRP, and MCN 23-092 the City Council finds that the amendments and project are in conformance with the goals and policies of the General Plan.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA DOES ORDAIN AS FOLLOWS:

SECTION 1. Recitals. The recitals are true, correct and incorporated herein by this reference.

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Mitigated Negative Declaration, and that there is no substantial evidence in the administrative record supporting a fair argument that the Project may result in any significant environmental impacts beyond those analyzed in the Mitigated Negative Declaration. Therefore, pursuant to State CEQA section 15164 and Section 8.06 of the City of Fontana’s 2019 Local Guidelines for Implementing CEQA the City Council finds that the preparation of a subsequent or supplemental CEQA document is not required for the Project.

SECTION 3. Development Code Amendment Findings. The City Council hereby makes the following findings for ZCA No. 23-005 in accordance with Section 30-31 “Purpose” of the Fontana Zoning and Development Code:

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

Findings of Fact: The project includes a General Plan Amendment for the land use designation of Sites A and B (from OS to I-L) a Zoning District Map Amendment to rezone the same (from OS-R to M-1) and a
General Plan and Development Code Amendment to add an
Emergency Shelter Overlay District designation for Site A The project is consistent with subsection A of the Actions outlined in the City’s first Goal under Section E (Policies and Actions to Achieve the Goals) of Chapter 13 of the General Plan- to “[e]stablish a balanced of industrial and manufacturing development along with services, especially in sectors with living wage jobs.” The site is currently designated as OS-R and a portion of the Project Site, Site B, was once used for mining. The property has since been vacant as the mining operations in Site B have ceased. The land use re-designation will facilitate future revitalization and development possibilities for the property, which will contribute to opportunities for living wage jobs in an area developed with industrial, service and residential uses.

The project is consistent with subsection A of the Actions outlined in the City’s third Goal under Section E of Chapter 13 of the General Plan to “[r]efine zoning to encourage mixed-use development where appropriate and create standards and
procedures to implement connectivity improvements in new development areas.” The project site is within 100 feet of the walkable mixed-use downtown and downtown corridors (WMXU1) area where residential, service, commercial and some light industrial uses are envisioned in the General Plan. Modifying the designation in this area would contribute to a mixture of industrial, service and residential uses that will be developed with sidewalks 756
Ordinance No. 2023 - ___

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to provide connectivity to other nearby uses and to contribute to a sustainable community where future workers of industrial, service and residential workers could live, walk, and utilize the services in the area as anticipated in the General Plan.

The land use re-designation is consistent with Goal No. 1 on page 4-10, Policy 1N, Section 4 of the Housing Element: Amend Fontana Zoning Code for a variety of housing types. The project includes the addition of an Emergency Shelter Overlay District designation for Site A. This Emergency Shelter Overlay District will allow for a variety of housing types including supportive and transitional housing uses for properties in this overlay within the Light Industrial (M-1) zoning district.

SECTION 4. Development Code Amendment Approval. Based on the findings in Section 3, the City Council hereby approves ZCA No. 23-005 for the addition of an Emergency Shelter Overlay District designation for Site A as shown as Exhibit “A” attached hereto and incorporated herein by reference as fully set forth herein.

SECTION 7. Certification. The City Clerk of the City Council shall certify to the adoption of this Ordinance.

Page 5 of 6 ends

APPROVED AND ADOPTED this 14th day of November 2023.

AYES:

NOES:

ABSENT:
_________________________________________
City Clerk of the City of Fontana
_________________________________________
Mayor of the City of Fontana
ATTEST:
_________________________________________
City Clerk
758
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“EXHIBIT A”
Section 30-651 - Emergency shelter overlay district (ESO) regulations. (a) Applicability. The provisions of this division shall apply to light industrial (I-L) land use designations as specified in Figure 1.

Existing Figure 1 Proposed Figure 1

759
8353 Sierra Avenue City of Fontana Fontana, CA 92335
Legislation Details (With Text)
File #: 21-2478 Version: 1 Name:

Type: Public Hearing Status: Agenda Ready
File created: 9/12/2023 In control: Planning Commission On agenda: 10/17/2023 Final action:

Title: Master Case (MCN) No. 23-092; General Plan Amendment (GPA) No. 23-003, Zoning District Map Amendment (ZCA) No. 23-004, and Development Code Amendment (ZCA) No. 23-005, Initial Study/Mitigated Negative Declaration, and Mitigation Monitoring and Reporting Program.

Based on the information contained within this staff report, and subject to the attached findings, staff recommends that the Planning Commission adopt Resolution PC No. 2023- _____, and forward a recommendation to the City Council to:

1. Adopt the Initial Study/Mitigated Negative Declaration/Mitigation Monitoring and Reporting Program and direct staff to file the Notice of Determination; and,

2. Adopt a resolution approving General Plan Amendment (GPA) No. 23-003; and,

3. Adopt an ordinance approving Zoning District Map Amendment (ZCA) No. 23-004; and,

4. Adopt an ordinance approving Development Code Amendment (ZCA) No. 23-005.

APPLICANT:

City of Fontana-Engineering Department
8353 Sierra Avenue
Fontana, CA 92335
LOCATION:

The project site is comprised of eight (8) parcels comprised of approximately 25 acres (APNs: 0232- 171-05, -06, -07, -08, -09, -12, -13, and -14) located on the southwest corner of Arrow Boulevard and Tokay Avenue and is divided into two parts which are Site A and Site B. Site A encompasses four (4) parcels (APNs: 0232-171-05, -06, -07, and -08), which all front Arrow Boulevard. Site B encompasses four (4) parcels (APNs: 0232-171-09, -12, -13, and -14), which all front Tokay Avenue.

PROJECT PLANNER:

Rina Leung, Senior Planner
Sponsors:

Indexes:

Code sections:

Attachments: 1. Attachment No. 1 - Vicinity Map, 2. Attachment No. 2 - Existing and Proposed General Plan Land Use Designation, 3. Attachment No. 3 - Existing and Proposed Zoning District Map Amendment, 4.

Attachment No. 4 - Existing and Proposed Development Code Amendment Overlay District, 5.

Attachment No. 5 - Planning Commission Resolution, 6. Attachment No. 6 - Notice of Determination,

7. Attachment No. 7 - Notice of Intent to Adopt a Mitigated Negative Declaration and Public Hearing Notice
Date Ver. Action By Action Result
FROM:

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File #: 21-2478, Version: 1
Planning Department
TITLE:

Master Case (MCN) No. 23-092; General Plan Amendment (GPA) No. 23-003, Zoning District Map Amendment (ZCA) No. 23-004, and Development Code Amendment (ZCA) No. 23-005, Initial Study/Mitigated Negative Declaration, and Mitigation Monitoring and Reporting Program .

RECOMMENDATION:

1. Adopt the Initial Study/Mitigated Negative Declaration/Mitigation Monitoring and Reporting Program and direct staff to file the Notice of Determination;

2. Adopt a resolution approving General Plan Amendment (GPA) No. 23-003;

3. Adopt an ordinance approving Zoning District Map Amendment (ZCA) No. 23-004; and

4. Adopt an ordinance approving Development Code Amendment (ZCA) No. 23-005.

APPLICANT:

City of Fontana-Engineering Department
8353 Sierra Avenue
Fontana, CA 92335
LOCATION:

REQUEST:

General Plan Amendment (GPA) No. 23-003 - A request to change Figure 15.9 (Land Use Category) in Chapter 15 (Land Use, Zoning and Urban Design) of the General Plan for the entire project site (Sites A and B) comprised of eight (8) parcels (APNs: 0232-171-05, -06, -07, -08, -09, -12, -13, and - 14) from Open Space (OS) to Light Industrial (I-L) and a request to add an Emergency Shelter Overlay District designation for Site A comprised of four (4) parcels (APNs: 0232-171-05, -06, -07, and -08) .

Zoning District Map Amendment (ZCA) No. 23-004 - A request to change the zoning designation of the entire project site (Sites A and B) comprised of eight (8) parcels (APNs: 0232-171-05, -06, -07, - 08, -09, -12, -13, and -14) from Open Space - Resource (OS-R) to Light Industrial (M-1).

Development Code Amendment (ZCA) No. 23-005 - A request to add an Emergency Shelter Overlay District designation for Site A comprised of four (4) parcels (APNs: 0232-171-05, -06, -07, and -08) to Section 30-651 (a), Figure 1 of the Zoning and Development Code.

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File #: 21-2478, Version: 1
PROJECT PLANNER:

Rina Leung, Senior Planner
BACKGROUND INFORMATION:

Existing Land Use Designations:

General Plan Zoning/Overlay Existing Land Use
Site: Open Space (OS) Open Space - Resource (OS
-R)
Vacant
North: General Industrial (I-G) General Industrial (M-2) Fontana Water Company and industrial
South: Light Industrial (I-L) Open
Space (OS)
Light Industrial (M-1)/Open
Space - Resource (OSR)/Emergency Shelter
Overlay
Industrial and residential
West: Open Space (OS) Open Space - Resource (OS
-R)
Vacant and industrial
East: Walkable Mixed-use
Downtown and Corridors
(WMXU-1)/ Medium
Density Residential (R-M)
Form Based Code -
Transitional District
(FBC)/Medium Density
Residential (R-2)
Single family residential,
apartments, and vacant
PROJECT DESCRIPTION:

The project site is comprised of approximately 25 acres which includes Site A and Site B as previously described. Although Site A is vacant, a portion of Site B was once utilized for mining; however, it is currently vacant and mining operations have ceased. The project site is surrounded by a combination of industrial and residential development.

The project site fronts on Arrow Boulevard which is classified as “Primary Highway” and Tokay Avenue which fronts the property on the east is classified as a “Local/Collector Street”. The existing General Plan Land use and Zoning Designation of the project site is Open Space (OS) and Open Space Resource (OS-R) respectively. No development is proposed as part of this project.

ANALYSIS:

The proposed project includes a request to change the General Plan land use designation from Open Space (OS) to Light Industrial (I-L) and to change the zoning designation from Open Space - Resource (OS-R) to Light Industrial (M-1) for the entire project site (Sites A and B). The proposal also includes the addition of an Emergency Shelter Overlay District designation for a portion of the project site comprised of four (4) parcels (Site A). The city has received an application for the development of a homelessness care and resource center for Site A; it is anticipated that the application will move forward at another time, in the future. Therefore, the entitlement application under consideration does not include any development at this time and is solely for a land use redesignation.

The proposed project is consistent with the goals and policies of the Zoning and Development Code, City of Fontana Page 3 of 5 Printed on 10/17/2023
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File #: 21-2478, Version: 1
General Plan, and Housing Element, as described below:

Zoning and Development Code:

Section 30 -040 of the Zoning and Development Code, states that 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.

The project includes a General Plan Amendment for the Project Site’s land use designation (from OS to I-L) a Zoning District Map Amendment to rezone the respective area (from OS-R to M-1) and a General Plan and Development Code Amendment to add an Emergency Shelter Overlay District designation for Site A. The aforementioned changes will allow for the development of a variety of housing types including, supportive and transitional housing uses and a homelessness care and resource center for Site A. Similarly, changes to Site B will facilitate the redevelopment of a vacant, unutilized site that was once used for mining purposes. Any future redevelopment of site B will be developed with a maximum Floor Area Ratio (FAR) of .60.

Changes to the Project Site’s land use designation would help to facilitate future revitalization and development opportunities. The changes would also contribute to capturing opportunities for living wage jobs and an increased variety of housing types in the area. The Project Site will be developed with a variety of different uses including industrial, service and residential. The project will contribute to building a sustainable community where people living in either site could live and work. Any future development will be reviewed by the City’s Planning, Fire and Building Department. Additionally, any future development will be required to meet all Fire and Building Codes, as well as the Fontana Municipal Code. Therefore, the project will promote public's health, safety, or general welfare.

General Plan Goals and Policies:

Chapter 13, Goal No. 1, Action A: Establish a balance of industrial and manufacturing development along with services, especially in sectors with living wage jobs. The proposal, which includes, an addition of Emergency Shelter Overlay District designation for Site A, will facilitate future revitalization and development opportunities of the vacant property that will contribute to opportunities for living wage jobs in an area that is developed with industrial, service and residential uses.

Chapter 13, Goal No. 3, Action A: Refine zoning to encourage mixed-use development where appropriate and create standards and procedures to implement connectivity improvements in new development areas. The project site is within 100 feet of the walkable mixed-use downtown and corridors (WMXU-1) area where residential, service, commercial and some limited light industrial uses are envisioned in the General Plan. Thus, this proposed land use redesignation would contribute to mixture of industrial, service, and residential uses that will be developed with sidewalks in the future to provide connectivity to other nearby uses will contribute to a sustainable community where future workers at the project site could live, walk, and utilize the services in the area as anticipated in the General Plan.

Housing Element Goals and Policies:

Section 4, Goal No. 1, Policy 1N: Amend Fontana Zoning Code for a variety of housing types.

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Section 4, Goal No. 1, Policy 1N: Amend Fontana Zoning Code for a variety of housing types.

The proposed project includes a change to the General Plan land use designation of Open Space (OS) to Light Industrial (I-L) and a change of the zoning designation from Open Space - Resource (OS-R) to Light Industrial (M-1) for the entire project site (Sites A and B). The proposal also includes the addition of an Emergency Shelter Overlay District designation for a portion of the project site comprised of four (4) parcels (Site A). This Emergency Shelter Overlay District will allow for the opportunity for a variety of housing types including supportive and transitional housing uses for properties in this overlay within the Light Industrial (M-1) zoning district.

Environmental:

An Initial Study (IS)/Mitigated Negative Declaration, and Mitigation Monitoring and Reporting Program has been prepared for this project pursuant to the California Environmental Quality Act (CEQA) and the 2019 Local Guidelines for Implementing CEQA. The IS concluded that no impacts would be caused by the project; therefore, a Mitigated Negative Declaration and a Notice of Determination have been prepared for the Planning Commission’s consideration. The Initial Study/Mitigated Negative Declaration, and Mitigation Monitoring and Reporting Program can be found at <https://www.fontanaca.gov/2137/Environmental-Documents>. The Notice of Intent to Adopt a IS/Mitigated Negative Declaration and Public Hearing Notice was issued on September 22, 2023, for a public comment period of September 22, 2023 until October 17, 2023, no comments were received.

MOTION:

Approve staff’s recommendation.

ATTACHMENTS:

1. Vicinity Map

2. Existing and Proposed General Plan Land Use Designation

3. Existing and Proposed Zoning District Map Amendment

4. Existing and Proposed Development Code Amendment Overlay District

5. Planning Commission Resolution and Findings

6. Notice of Determination

7. Notice of Intent to Adopt a Mitigated Negative Declaration and Public Hearing Notice City of Fontana Page 5 of 5 Printed on 10/17/2023
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ATTACHMENT NO. 1

VICINITY MAP
DATE: October 17, 2023
CASE: Master Case No. 23-092
General Plan Amendment No. 23-003
Zoning Code Amendment (ZCA) No. 23-004
Development Code Amendment (ZCA) No. 23-
005

CITY OF FONTANA PLANNING

DEPARTMENT
765
ATTACHMENT NO. 2
General Plan
Amendment
DATE: October 17, 2023
CASE: Master Case No. 23-092
General Plan Amendment No. 23-003
Zoning Code Amendment (ZCA) No. 23-004
Development Code Amendment (ZCA) No. 23-
005

CITY OF FONTANA PLANNING

DEPARTMENT
766
ATTACHMENT NO. 3
Zoning Code (District
Map) Amendment
DATE: October 17, 2023
CASE: Master Case No. 23-092
General Plan Amendment No. 23-003
Zoning Code Amendment (ZCA) No. 23-004
Development Code Amendment (ZCA) No. 23-
005

CITY OF FONTANA PLANNING

DEPARTMENT
767
ATTACHMENT NO. 4
Development Code
Amendment
DATE: October 17, 2023
CASE: Master Case No. 23-092
General Plan Amendment No. 23-003
Zoning Code Amendment (ZCA) No. 23-004
Development Code Amendment (ZCA) No. 23-
005
Section 30-651 - Emergency shelter overlay district (ESO) regulations. (a) Applicability. The provisions of this division shall apply to light industrial (I-L) land use designations as specified in Figure 1.

Existing Figure 1 Proposed Figure 1

CITY OF FONTANA PLANNING

DEPARTMENT
768
ATTACHMENT NO. 5
RESOLUTION PC NO. 2023-___

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

FONTANA RECOMMENDING THAT THE CITY COUNCIL APPROVE,

PURSUANT TO THE ADOPTION OF A MITIGATED NEGATIVE

DECLARATION AND A MITIGATION MONITORING AND
REPORTING PROGRAM, GENERAL PLAN AMENDMENT (GPA) 23-
003 TO AMEND THE LAND USE DESIGNATION FOR THE PROJECT
SITE OF APPROXIMATELY 25 ACRES OF LAND LOCATED ON THE

SOUTHWEST CORNER OF ARROW BOULEVARD AND TOKAY

AVENUE (WHICH IS DIVIDED INTO SITES A AND B, CONSISTING

OF FOUR PARCELS EACH) FROM OPEN SPACE (OS) TO LIGHT

INDUSTRIAL (I-L) AND TO INCLUDE AN EMERGENCY SHELTER

OVERLAY DISTRICT DESIGNATION FOR SITE A OF THE PROJECT, ZONING DISTRICT MAP AMENDMENT (ZCA) NO. 23-004 TO

CHANGE THE ZONING FROM OPEN SPACE - RESOURCE (OS-R)
TO LIGHT INDUSTRIAL (M-1) FOR THE PROJECT SITE AND
DEVELOPMENT CODE AMENDMENT (ZCA) NO. 23-005 TO ADD AN

EMERGENCY SHELTER OVERLAY DISTRICT DESIGNATION FOR
SITE A THAT IS COMPRISED OF FOUR (4) PARCELS
WHEREAS, on August 31, 2023, the City of Fontana’s (“the City”) Engineering Department initiated General Plan Amendment (GPA) No. 23-003 to amend Figure

15.9 (Land Use Category) in Chapter 15 (Land Use, Zoning and Urban Design) of the General Plan for approximately 25 acres located on the southwest corner of Arrow Boulevard and Tokay Avenue (“Sites A and B” together “Project Site”) from Open Space (“OS”) to Light Industrial (I-L) and to include an emergency shelter overlay district designation for Site A; Zoning Code (District Map) Amendment (ZCA) No. 23- 004 to change the zoning for the Project Site from Open Space Resource (“OS-R”) to light industrial (“M-1”) and Development Code Amendment (ZCA) No. 23-005 to add an Emergency Shelter Overlay District designation for Site A ; and WHEREAS, the Project Site is divided into two parts, Site A and Site B, each comprised of four parcels. Site A encompasses four (4) parcels (APNs: 0232-171-05, -06, -07, and -08), that front Arrow Boulevard and Site B encompasses four (4) parcels (APNs: 0232-171-09, -12, -13, and -14), that front Tokay Avenue; and, WHEREAS, an amendment to the General Plan and Zoning District Map will allow for a mixture of industrial, service and residential uses that will contribute to a sustainable community where future workers may live and utilize the services in the respective area as anticipated in the General Plan; and WHEREAS, amendments to the General Plan and Development Code include the addition of an Emergency Shelter Overlay District designation for Site A that will allow for a variety of housing types including supportive and transitional housing uses; and
769
Resolution PC No. 2023-____

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WHEREAS, General Plan Amendment (GPA) No. 23-003, Zoning Code (District Map) Amendment (ZCA) No. 23-004, Development Code Amendment (ZCA) No. 23- 005 are supported by the goals and policies of the General Plan; and WHEREAS, pursuant to the California Environmental Act (CEQA), an Initial Study (IS) /Mitigated Negative Declaration and Mitigation Monitoring Program were prepared. A Notice of Intent to Adopt the IS/Mitigated Negative Declaration was issued on September 22, 2023, providing for a public comment period from September 22, 2023 to October 17, 2023. No comments were received. The IS concludes that no significant impacts would be caused by the project, therefore, a Mitigated Negative Declaration has been recommended for adoption; and
WHEREAS, the City of Fontana wishes to protect and preserve the quality of the life throughout the City, through effective land use and planning; and, WHEREAS, the owners of property within 660 feet of the proposed project site were notified via public hearing notice mailer prior to the Public Hearing; and a notice of the public hearing was published in the Fontana Herald newspaper on September 22, 2023, at City Hall and at the project site; and,
WHEREAS, the Planning Commission (“Commission”) carefully considered all information, evidence and testimony presented at its public hearing on October 17, 2023 pertaining to the IS/ Mitigated Negative Declaration, General Plan Amendment (GPA) No. 23-003, Zoning Code (District Map) Amendment (ZCA) No. 23-004 and Development Code Amendment (ZCA) No. 23-005; and,
WHEREAS, all other legal prerequisites to the adoption of this resolution have occurred.

NOW, THEREFORE, the Commission RESOLVES as follows:

Section 1. Recitals. The above recitals are true, correct and incorporated herein by reference.

Section 2. CEQA. The Commission has reviewed and considered the Initial Study, Mitigated Negative Declaration, and Mitigation Monitoring and Reporting Program, any oral or written comments received, and the administrative record prior to making any decision on the proposed project. The Planning Commission finds that the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program contain a complete and accurate reporting of all the environmental impacts associated with the Project. The Planning Commission further finds that the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program has been completed in compliance with the 2019 Local CEQA Guidelines and the State CEQA Guidelines.

Section 3. General Plan Amendment Findings. The Commission hereby makes the following findings for General Plan Amendment (GPA) No. 23-003 in accordance with Section 30-31 “Purpose” of the Fontana Zoning and Development Code:
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Resolution PC No. 2023-____

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

Findings of Fact: The project includes a General Plan Amendment for the land use designation of Sites A and B (from OS to I-L) a Zoning District Map Amendment to rezone the same (from OS-R to M-1) and a
General Plan and Development Code Amendment to add an
Emergency Shelter Overlay District designation for Site A The project is consistent with subsection A of the Actions outlined in the City’s first Goal under Section E (Policies and Actions to Achieve the Goals) of Chapter 13 of the General Plan- to “[e]stablish a balanced of industrial and manufacturing development along with services, especially in sectors with living wage jobs.” The site is currently designated as OS-R and a portion of the Project Site, Site B, was once used for mining. The property has since been vacant as the mining operations in Site B have ceased. The land use re—designation will facilitate future revitalization and development possibilities for the property, which will contribute to opportunities for living wage jobs in an area developed with industrial, service and residential uses.

The project is consistent with subsection A of the Actious outlined in the City’s third Goal under Section E of Chapter 13 of the General Plan—to “[r]efine zoning to encourage mixed-use development where appropriate and create standards and
procedures to implement connectivity improvements in new development areas.” The project site is within 100 feet of the walkable mixed-use downtown and downtown corridors (WMXU1) area where residential, service, commercial and some light industrial uses are envisioned in the General Plan. Modifying the designation in this area would contribute to a mixture of industrial, service and residential uses that will be developed with sidewalks to provide connectivity to other nearby uses and to contribute to a sustainable community where future workers of industrial, service and residential workers could live, walk, and utilize the services in the area as anticipated in the General Plan.

The land use re—designation is consistent with Goal No. 1 on page 4-10, Policy 1N, Section 4 of the Housing Element: Amend Fontana Zoning Code for a variety of housing types. The project includes the addition of an Emergency Shelter Overlay District designation for Site A. This Emergency Shelter Overlay District will allow for a variety of housing types including supportive and transitional housing uses for properties in this overlay within the Light Industrial (M-1) zoning district.
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Resolution PC No. 2023-____

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Section 4. Zoning District Map and Development Code Amendment Findings.

The Planning Commission hereby makes the following findings for Zoning Code (District Map) Amendment (ZCA) No. 23-004 and Development Code Amendment (ZCA) No. 23-005 in accordance with Section 30-040 “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.

Findings of Fact: The project includes a General Plan Amendment for the Project Site’s land use designation (from OS to I-L) a Zoning District Map Amendment to rezone the respective area (from OS-R to M-1) and a General Plan and Development Code Amendment to add an Emergency Shelter Overlay District designation for Site A. The aforementioned changes will allow for the development of a variety of housing types including, supportive and transitional housing uses and a homelessness care and resource center for Site A. Similarly, changes to Site B will facilitate the redevelopment of a vacant, unutilized site that was once used for mining purposes. Any future redevelopment of site B will be developed with a maximum Floor Area Ratio (FAR) of .60.

The Project Site will be developed with a variety of different uses including industrial, service and residential. The project will contribute to building a sustainable community where people living in either site could live and work. Any future development will be reviewed by the City’s Planning, Fire and Building Department.

Additionally, any future development will be required to meet all Fire and Building Codes, as well as the Fontana Municipal Code.

Therefore, the project will promote public's health, safety, or general welfare.

Section 5. Recommendation. Based on the foregoing, the Commission recommends that the City of Fontana’s City Council adopt the following:
• A resolution adopting the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring Reporting Program and direct staff to file the Notice of Determination;
• A resolution adopting General Plan Amendment (GPA) No. 23-003; 772
Resolution PC No. 2023-____

Page 5 of 6 ends

• An ordinance adopting Zoning Code (District Map) Amendment (ZCA) No. 23-004; and
• An ordinance adopting Development Code Amendment (ZCA) No. 23- 005 subject to the findings as indicated herein.

Section 6. Effective Date. This Resolution shall become effective immediately upon its adoption.

Section 7. Resolution Regarding Custodian of Record: The documents and materials that constitute the record of proceedings on which this Resolution has been based are located at the Planning Department, 8353 Sierra Avenue, Fontana, CA 92335. This information is provided in compliance with Public Resources Code section 21081.6.

Section 8. Certification. The Secretary of the Planning Commission shall certify to the adoption of this Resolution.

Section 9. 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.

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

City of Fontana
___________________________
Cathline Fort, Chairperson
ATTEST:
773
Resolution PC No. 2023-____

Page 6 of 6 ends

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

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________
Ralph Thrasher, Secretary
774

NOTICE OF DETERMINATION
TO: _X_ County Clerk, County of FROM: City of Fontana
San Bernardino Planning Department
8353 Sierra Avenue
_X_ Office of Planning and Research Fontana, CA 92335
SUBJECT: Filing of Notice of Determination in Compliance with Section 21152 of the Public Resources Code.

Project Title: General Plan Amendment (GPA No. 23-003), Zoning District Map Amendment (ZCA No. 23-004), and Development Code Amendment (ZCA23-005).

State Clearinghouse Number: N/A
Name of Person or Agency carrying out project: Chris Sorensen, Engineering Department, City of Fontana.

Project Location: Southwest corner of Arrow Boulevard and Tokay Avenue. Site A encompasses four (4) parcels (APNs: 0232-171-05, -06, -07, and -08). Site B encompasses four (4) parcels (APNs: 0232-171-09, -12, -13, and -14).

Project Description: A request for a General Plan Amendment and Zoning District Map Amendment to redesignate the land use designation of both Site A and Site B comprised of approximately 25 acres, from Open Space - Resource (OS/OS-R) to Light Industrial (I-L/M-1). The General Plan Amendment and Development Code Amendment also includes request to add an Emergency Shelter Overlay District designation for Site A. The proposed project does not include any development as a part of this application
This is to certify that on ____, 2023 the City Council of the City of Fontana adopted the environmental documentation for the above described project along with the aforementioned Mitigated Negative Declaration, and made the following determinations:

1. The project __ will _X_ will not have a significant effect on the environment.

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

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

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

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

NOTICE OF INTENT TO ADOPT AN INITIAL STUDY/ MITIGATED NEGATIVE

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

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

MCN23-0092: General Plan Amendment (GPA23-0003), Zoning District Map Amendment (ZCA23- 0004), and Development Code Amendment (ZCA23-0005)
The proposed project is a request to redesignate eight (8) parcels encompassing approximately 25 acres.

The project site is divided into two parts: Site A and Site B, each consisting of four (4) parcels. The proposed project is a request for a General Plan Amendment and Zoning District Map Amendment to redesignate the land use designation of both Site A and Site B from Open Space - Resource (OS/OS-R) to Light Industrial (IL/M-1). The General Plan Amendment and Development Code Amendment also includes request to add an Emergency Shelter Overlay District designation for Site A. The proposed project does not include any development as a part of this application.

Date of Hearing: October 17, 2023
Place of Hearing: City Hall Council Chambers
8353 Sierra Avenue
Fontana, CA 92335
Time of Hearing: 6:00 p.m.

Attachment No. 7
776
Location of
Property:

Environmental
Determination:

The project site is located at the southwest corner of Arrow Boulevard and Tokay Avenue. Site A encompasses four (4) parcels (APNs: 0232-171-05, -06, -07, and -08), which all front Arrow Boulevard. Site B encompasses four (4) parcels (APNs: 0232-171- 09, -12, -13, and -14), which all front Tokay Avenue.

The IS/MND is available for public review from September 22, 2023 until October 17, 2023, at the Planning Department counter, and on the City of Fontana’s website:
https://www.fontanaca.gov/2137/Environmental-Documents
Should you have any questions concerning this project, please contact Rina Leung, Senior Planner, at (909) 350-6566 or email at [email protected]/.

ANY INTERESTED PARTY MAY PROVIDE INFORMATION BY LETTER OR EMAIL WHICH MAY BE OF ASSISTANCE TO THE PLANNING COMMISSION. A COPY OF THE APPLICATION AND

ENVIRONMENTAL DOCUMENTATION IS AVAILABLE FOR INSPECTION AT THE PLANNING DEPARTMENT, CITY HALL. PLEASE CONTACT THE PLANNER LISTED ABOVE.

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

MAY BE LIMITED TO RAISING ONLY THOSE ISSUES YOU OR SOMEONE ELSE RAISED AT THE

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

The project site is not listed as a hazardous waste site described in any lists as enumerated under Section 65962.5 of the Government Code.
777
Draft Planning Commission Minutes of October 17, 2023 hearing - item PH-D ATTACHMENT NO. 23
PH-D Master Case (MCN) No. 23-092; General Plan Amendment (GPA) No. 23-003, Zoning District Map Amendment (ZCA) No. 23-004, and Development Code Amendment (ZCA) No. 23-005, Initial Study/Mitigated Negative Declaration, and Mitigation Monitoring and Reporting Program.

Vice Chair Sanchez opened Public Hearing.

Rina Leung, Senior Planner, presented the staff report.

The commission asked for clarification on the types of mining that took place at the location where Vulcan Pit previously was located. The commission and staff also discussed examples of shelters for the Emergency Shelter Overlay.

The Public Hearing was closed.

RECOMMENDATION:

Based on the information contained within this staff report, and subject to the attached findings, staff recommends that the Planning Commission adopt Resolution PC No. 2023- 039, and forward a recommendation to the City Council to:

1. Adopt the Initial Study/Mitigated Negative Declaration/Mitigation Monitoring and Reporting Program and direct staff to file the Notice of Determination; and,

2. Adopt a resolution approving General Plan Amendment (GPA) No. 23-003; and,

3. Adopt an ordinance approving Zoning District Map Amendment (ZCA) No. 23- 004; and,

4. Adopt an ordinance approving Development Code Amendment (ZCA) No. 23- 005.

ACTION: Motion was made by Commissioner Quintana, seconded by Commissioner Sangha, and passed by a vote of 3-0 to adopt Resolution PC No. 2023-039 and approve Master Case No. 23-092; General Plan Amendment (GPA) No. 23-003; Zoning District Map Amendment (ZCA) No. 23-004 and Development Code Amendment (ZCA) No. 23-005.

The motion carried by the following vote:

Aye: Vice Chair Sanchez, Commissioners Sangha, and Quintana

Absent: Chair Fort and Secretary Thrasher
778

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

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

MCN23-0092: General Plan Amendment (GPA23-0003), Zoning District Map Amendment (ZCA23-0004), and Development Code Amendment (ZCA23-0005): The proposed project is a request to redesignate eight (8) parcels encompassing approximately 25 acres. The project site is divided into two parts: Site A and Site B, each consisting of four (4) parcels. The proposed project is a request for a General Plan Amendment and Zoning District Map Amendment to redesignate the land use designation of both Site A and Site B from Open Space - Resource (OS/OS-R) to Light Industrial (I-L/M-1). The General Plan Amendment and Development Code Amendment also includes a request to add the Emergency Shelter Overlay District designation for Site A. The proposed project does not include any development as a part of this application.

Environmental
Determination:

Pursuant to Section 15070 of
the California Environmental
Quality Act (CEQA) and
pursuant to Section 6.04 of
the 2019 Local Guidelines
for Implementing CEQA, an
Initial Study (IS), Mitigated
Negative Declaration (MND),
and Mitigation Monitoring
and Reporting Program have
been prepared for this
project. Based on the
information in the Initial
Study, no significant impact
is anticipated as a result of
project implementation, with
mitigation incorporated, and
a Mitigated Negative
Declaration has been
prepared for the City
Council’s consideration.

Location of
Property:

The project site is located at the southwest corner of Arrow Boulevard and Tokay Avenue. Site A encompasses four (4) parcels (APNs: 0232-171-05, -06, -07, and -08), which all front Arrow Boulevard. Site B encompasses four (4) parcels (APNs: 0232-171-09, -12, -13, and -14), which all front Tokay Avenue.
at Attachment No. 24
779
Date of
Hearing:

November 14, 2023
Place of
Hearing:

City Hall Council
Chambers
8353 Sierra Avenue
Fontana, CA 92335
Time of
Hearing: 7:00 P.M.

The IS/MND is available at the Planning Department counter, and on the City of Fontana’s website:
https://www.fontanaca.gov/2137/Environmental-Documents. Should you have any questions concerning this project, please contact Rina Leung, Senior Planner, at (909) 350-6566. E-mail: [email protected]

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

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

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

Publish date: November 3, 2023
780
1 RESOLUTION NO. 2023-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA

ADOPTING ENVIRONMENTAL FINDINGS PURSUANT TO THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT, CERTIFYING THE

CITRUS/OLEANDER FINAL ENVIRONMENTAL IMPACT REPORT (SCH
#2022110389), ADOPTING THE MITIGATION MONITORING AND
REPORTING PROGRAM, AND APPROVING THE MODIFIED PROJECT.

WHEREAS, Assessor Parcel Numbers: 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 were annexed from San Bernardino County and incorporated into the City of Fontana on May 23, 1966 and September 19, 2006; and
WHEREAS, the most recent edition of the City of Fontana General Plan was adopted by the Fontana City Council (“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 original application was submitted on May 18, 2022, for a General Plan Amendment (GPA) No. 22-004, Zone Change Application (ZCA) No. 22-005, Specific Plan Amendment (SPA) No. 22-002, Development Agreement (DA) No. 23-005, Design Review (DRP) No. 22-029 (Building No. 1), Tentative Parcel Map (TPM) No. 20709 (TPM No. 22-009, Building No. 1), Design Review No. 22-061 (Building No. 2), Tentative Parcel Map (TPM) No. 20708 (TPM No. 22-030, Building No. 2), Design Review No. 22-062 (Building No. 3), Tentative Parcel Map (TPM) No. 20707 (TPM No. 22-031, Building No. 3). - a request for the site and architectural review for the construction of three (3) industrial commerce center buildings having maximum sizes of 151,618 square feet (s.f), 196,336 s.f., and 192,895 s.f. (total of 504,849 s.f.); on three sites with a total project site of approximately 24.8 gross acres; and a Development Agreement No. 23-005 to include a review of the development agreement for a public benefit fee of $2,145,608.25; and
WHEREAS, on June 20, 2023, the Fontana Planning Commission (“Planning Commission”) received public testimony and evidence presented by the Applicant, City staff and other interested parties at the Public Hearing held on the Citrus/Oleander Industrial Commerce Center project (State Clearinghouse No. 2022110389) and MCN No. 22-053 and recommended approval to the City Council by Resolution No. 2023-025; 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) and MCN No. 22-053 where City Council received evidence and testimony concerning the project and denied the project with a vote of 3-2; and
WHEREAS, the development is comprised of the three industrial commerce center buildings (“Project”) which proposes to be located on three different sites and is evaluated in the Citrus/Oleander Final Environmental Impact Report (“EIR”); and ATTACHMENT NO. 25
781
2 WHEREAS, pursuant to section 21067 of the Public Resources Code, and section 15367 of the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), the City of Fontana is the lead agency for the proposed Project; and WHEREAS, in accordance with State CEQA Guidelines section 15082, on November 18, 2022, the City sent to the Office of Planning and Research and each responsible and trustee agency a Notice of Preparation (“NOP”) stating that an Environmental Impact Report (State Clearinghouse Number #2022110389 would be prepared; and
WHEREAS, three (3) comment letters were received in response to the NOP; and WHEREAS, pursuant to Public Resources Code section 21083.9 and State CEQA Guidelines sections 15082(c) and 15083, the City held a duly noticed Scoping Meeting on December 7, 2022, to solicit comments on the scope of the environmental review of the proposed Project and, additional comments were received; and WHEREAS, a Draft Environmental Impact Report (“Draft EIR”) was prepared, incorporating comments received in response to the NOP; and WHEREAS, the Draft EIR determined that mitigation measures were required to mitigate impacts to a less than significant level for the following resource areas:

Aesthetics, Air Quality, Energy, Greenhouse Gas Emissions, Hazards and Hazardous Materials, Hydrology and Water Quality, Land Use and Planning, Noise, Population and Housing, Public Services, Transportation, Utilities and Services Systems, and Wildlife; and
WHEREAS, the Draft EIR further concluded that despite the incorporation of all feasible mitigation measures, the proposed Project would nonetheless result in significant and unavoidable impacts relating to Biological Resources, Cultural Resources, Geology and Soils, and Tribal Cultural Resources; and
WHEREAS, in accordance with State CEQA Guidelines section 15085, a Notice of Completion was prepared and filed with the Office of Planning and Research on April 17, 2023; and
WHEREAS, as required by State CEQA Guidelines section 15087(a), the City provided Notice of Availability of the Draft EIR to the public at the same time that the City sent Notice of Completion to the Office of Planning and Research, on April 7, 2023; and WHEREAS, during the public comment period, copies of the Draft EIR and technical appendices were available for review and inspection at City Hall, on the City’s website, and at the Lewis Library and Technology Center public libraries; and 782
3 WHEREAS, pursuant to State CEQA Guidelines section 15087(e), the Draft EIR was circulated for at least a 45-day public review and comment period from April 7, 2023 to May 22, 2023; and
WHEREAS, during the public review and comment period, the City consulted with and requested comments from all responsible and trustee agencies, other regulatory agencies, and others pursuant to State CEQA Guidelines section 15086; and WHEREAS, the City received one written comment letter on the Draft EIR; and WHEREAS, on June 9, 2023, the City released the Final EIR (“Final EIR”), which consists of the Draft EIR, all technical appendices prepared in support of the Draft EIR, all written comment letters received on the Draft EIR, written responses to all written comment letters received on the Draft EIR, and errata to the Draft EIR and technical appendices; and
WHEREAS, the “EIR” consists of the Final EIR and its attachments and appendices, as well as the Draft EIR and its attachments and appendices (as modified by the Final EIR); and
WHEREAS, pursuant to Public Resources Code section 21092.5, the City provided copies of its responses to commenting public agencies at least ten (10) days prior to the City’s consideration of the Final EIR on July 25, 2023; and WHEREAS, on October 4, 2023, the Applicant sought permission to file a new application for a modified version of the Project which proposes the development of 532,104 square feet of warehousing use between 3 warehouse buildings of 150,538, 188,104, and 193,462 square feet respectively, with revised driveways and access changes and no changes proposed to Parcel A as part of this supplemental assessment (“Modified Project”); and
WHEREAS, Sections 30-39 (General Plan Amendment, Time limitations) and 30-74 (Specific Plan Amendment, Time limitations) of the Zoning and Development Code state that if an application is denied by either the Planning Commission or City Council, another application of the same nature and effecting the same property shall not be filed with a period of one year from the date of denial. However, the aforementioned section also provides that a hearing body denying the application may give permission for a new application to be filed if a change in circumstances or plans indicate that a new application is warranted; and WHEREAS, on October 24, 2023, the City granted permission to the Applicant to file a new application for a modified version of the Project (“Modified Project”); and WHEREAS, on October 25, 2023, the Applicant submitted a request for a General Plan Amendment No. 23-004 (GPA No. 23-004) to change the land use designation from Residential Planned Community (R-PC) and Multi-Family Medium/High Residential (R783 4 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); Specific Plan Amendment No. 23-004 (SPA No. 23-004) to expand the Southwest Industrial Park (SWIP) Specific Plan boundary to include the entire property and designate the property Slover East industrial District (SED) ; Zoning District Map Amendment No. 23-006 (ZCA No. 23-006) to rezone the property from Residential Planned Community (R-PC) and Multi-Family Medium/High Density Residential (R-4) to SWIP, Tentative Parcel Map No. 22-009R1 (TPM No. 20709) to consolidate six (6) parcels located at the northeast corner of Citrus Avenue and Santa Ana Avenue into one parcel to develop the project site for Building No. 1, Tentative Parcel Map No. 22-030R1 (TPM No. 20708) to consolidate six (6) parcels located at the northwest corner of Oleander Avenue and Santa Ana Avenue into one parcel to develop the project site for Building No. 2, Tentative Parcel Map No. 22-031R1 (TPM No. 20707 ) to consolidate five (5) parcels located at the northeast corner of Oleander Avenue and Santa Ana Avenue into one parcel to develop the project site for Building No. 3 , Design Review No. 22-029 for the site and architecture review of Building No. 1, Design Review No. 22-061R1 for the site and architecture review of Building No. 2, Design Review No. 22-062R1 for the site and architecture review of Building 3 totaling approximately 532,104 square feet with associated landscaping and parking; and Development Agreement No. 23-085 to include a review of the development agreement for a public benefit fee of $3,192,624.00 and the owner shall remit payment of an additional One Million Five Hundred Thousand Dollars ($1,500,000.00) to fund the City’s design and construction of an Action Sports Park. All the amendments together are known as Master Case No. 23-100 (MCN No. 23-100); and WHEREAS, on October 25, 2023, the City received a letter from T&B Planning dated October 23, 2023, documenting that, per CEQA Guidelines Section 15088.5, recirculation of the EIR is not necessary as the Modified Project will not result in (1) A new significant environmental impact would result from the Modified Project or from a new mitigation measure proposed to be implemented, (2) A substantial increase in the severity of an environmental impact would result unless mitigation measures are adopted that reduce the impact to a level of insignificance, (3) A feasible project alternative or mitigation measure considerably different from others previously analyzed would clearly lessen the environmental impacts of the project, but the project’s proponents decline to adopt it, (4) The draft EIR was so fundamentally and basically inadequate and conclusory in nature that meaningful public review and comment were precluded; and WHEREAS, T&B Planning’s October 23, 2023 Letter is supported by a Supplemental Assessment prepared by Urban Crossroads, and also submitted to the City, which documents any effects of the proposed Site Plan changes on the previous analyses of vehicle miles traveled (VMT), level of service (LOS) based Traffic, Air Quality, Greenhouse Gas Emissions, Energy, Health Risk Assessment, and Noise and Vibration and confirms that the Modified Project would result in the same or fewer/lesser impacts on the environment for the aforementioned topics in comparison to the conclusions presented in the technical studies prepared to support the EIR; and 784
5 WHEREAS, all potentially significant adverse environmental impacts were sufficiently analyzed in the EIR; and
WHEREAS, as contained herein, the City has endeavored in good faith to set forth the basis for its decision on the Project; and
WHEREAS, all of the requirements of the Public Resources Code and the State CEQA Guidelines have been satisfied by the City in connection with the preparation of the EIR, which is sufficiently detailed so that all of the potentially significant environmental effects of the Modified Project have been adequately evaluated; and WHEREAS, the EIR prepared in connection with the Modified Project sufficiently analyzes the Project’s potentially significant environmental impacts and the EIR analyzes a range of feasible alternatives capable of reducing these effects to an even lesser level of significance; and
WHEREAS, the City has made certain findings of fact, as set forth in Exhibit A to this Resolution, attached hereto and incorporated herein, based upon the oral and written evidence presented to it as a whole and the entirety of the administrative record for the Project, which are incorporated herein by this reference; and WHEREAS, the City finds that environmental impacts that are identified in the EIR as less than significant and do not require mitigation are described in Section 2.2 of Exhibit A; and
WHEREAS, the City finds that environmental impacts that are identified in the EIR that are less than significant with incorporation of mitigation measures are described in Section 2.3 of Exhibit A; and
WHEREAS, the City finds that even with the incorporation of all feasible mitigation measures, the environmental impacts that are identified in the EIR that are significant and unavoidable are described in Section 2.4 of Exhibit A; and WHEREAS, the potential significant irreversible environmental changes that would result from the proposed Modified Project identified in the EIR and set forth herein, are described in Section 2.5 of Exhibit A; and
WHEREAS, the existence of any growth-inducing impacts resulting from the proposed Modified Project identified in the EIR and set forth herein, are described in Section 2.6 of Exhibit A; and
WHEREAS, alternatives to the proposed Modified Project that might further reduce the already less than significant environmental impacts are described in Section 2.7 of Exhibit A; and
785
6 WHEREAS, a statement of overriding considerations is set forth in Section 3.0 of Exhibit A; and
WHEREAS, all the mitigation measures identified in the EIR and necessary to reduce the potentially significant impacts of the proposed Modified Project to a level of less than significant are set forth in the Mitigation Monitoring and Reporting Program (MMRP) in Exhibit B to this Resolution, attached hereto and incorporated herein; and WHEREAS, prior to taking action, the City has heard, been presented with, reviewed and considered all of the information and data in the administrative record, including but not limited to the EIR, and all oral and written evidence presented to it during all meetings and hearings; and
WHEREAS, the EIR reflects the independent judgment of the City and is deemed adequate for purposes of making decisions on the merits of the Project; and WHEREAS, no comments made in the public hearings conducted by the City and no additional information submitted to the City have produced substantial new information requiring recirculation of the EIR or additional environmental review of the Modified Project under Public Resources Code section 21092.1 and State CEQA Guidelines section 15088.5; and
WHEREAS, on November 14, 2023, the City conducted a duly noticed public hearing on this Resolution, at which time all persons wishing to testify were heard and the Modified Project was fully considered; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FONTANA:

SECTION 1. The above recitals are true and correct and incorporated herein by reference.

SECTION 2. 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. 786
7 SECTION 3. The City Council hereby adopts the “CEQA Findings of Fact” which were prepared in accordance with State CEQA Guidelines sections 15091 and which are attached hereto as Exhibit A and incorporated herein by this reference.

SECTION 4. Pursuant to Public Resources Code section 21081.6, the City Council hereby adopts the Mitigation Monitoring and Reporting Program attached hereto as Exhibit B and incorporated herein by this reference. Implementation of the Mitigation Measures contained in the Mitigation Monitoring and Reporting Program is hereby made a condition of approval of the Project. In the event of any inconsistencies between the Mitigation Measures set forth in the EIR or the Findings of Fact and the Mitigation Monitoring and Reporting Program, the Mitigation Monitoring and Reporting Program shall control.

SECTION 5. Based upon the entire record before it, including the EIR, Findings of Fact, and all written and oral evidence presented, the City Council hereby approves the proposed Project.

SECTION 6. The documents and materials that constitute the record of proceedings on which this Resolution has been based are located at City of Fontana Planning Department, 8353 Sierra Avenue, Fontana, CA 92335. The custodian for these records is Salvador Quintanilla, Senior Planner. This information is provided pursuant to Public Resources Code section 21081.6.

SECTION 7. City staff shall cause a Notice of Determination to be filed and posted with the County Clerk and the State Clearinghouse within five working days of the adoption of this Resolution.

APPROVED AND ADOPTED this 14th day of November, 2023.

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

AYES:

NOES:

ABSENT:

ABSTAIN:
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8 ________________________________
City Clerk of the City of Fontana
________________________________
Mayor of the City of Fontana
ATTEST:
________________________________
City Clerk
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EXHIBIT A

CEQA FINDINGS OF FACT
789
Findings of Fact and Statement of Overriding Considerations Regarding the Environmental Effects of the Approval of the:

Citrus and Oleander Avenue at Santa Ana
Avenue Project
State Clearinghouse No. 2022110389
Lead Agency
City of Fontana
Community Development Department
18353 Sierra Avenue
Fontana, CA 92335
CEQA Consultant
T&B Planning, Inc.
3200 El Camino Real, Suite 100
Irvine, CA 92602
Project Applicant
Acacia Real Estate Group, Inc.
260 Newport Center Drive, Suite 100
Newport Beach, CA 92660
November 6, 2023
790
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Findings of Fact and Statement of Overriding Considerations SCH No. 2022110389 i
Table of Contents
Section Page

1.0 Introduction ..........................................................................................................................1

1.1 Modified Project Summary...........................................................................................1

1.2 City of Fontana Actions Covered By the EIR...............................................................2

1.3 Environmental Review and Public Participation ..........................................................3

2.0 Environmental Impacts and Findings ......................................................................................6

2.1 General Findings...........................................................................................................6

2.2 Impacts Identified in the Initial Study (IS) or EIR as No Impact or Less than Significant Not Requiring Mitigation ...........................................................................7

2.3 Impacts Identified in the EIR as Potentially Significant that Have been Mitigated to a Level of Less than Significant ....................................................................................47

2.4 Impacts Identified in the EIR as being Significant and Unavoidable .........................54

2.5 Cumulative Impacts....................................................................................................59

2.6 Significant Irreversible Environmental Changes Which Would Be Caused by the Proposed Modified Project Should It Be Implemented ..............................................75

2.7 Growth-Inducing Impacts of the Proposed Project.....................................................76

2.8 Modified Project Alternatives.....................................................................................77

3.0 Statement of Overriding Considerations...............................................................................81

4.0 Additional Facts on Record...................................................................................................82

4.1 Adoption of a Monitoring Plan for Mitigation Measures ...........................................82

4.2 Custodian of Record ...................................................................................................82 791
Citrus and Oleander Avenue at Santa Ana Avenue Project
Findings of Fact and Statement of Overriding Considerations SCH No. 2022110389 1 1.0 Introduction
The City Council of the City of Fontana (the “City Council”) in approving the Citrus and Oleander at Santa Ana Avenue Modified Project (the “Project”), makes the Findings presented herein. The Findings are based upon the entire record before the City Council, as described in Subsection 1.3 below, including the Environmental Impact Report (“EIR”) prepared for the Modified Project on behalf of the City of Fontana (the “City”) acting as Lead Agency under the California Environmental Quality Act (“CEQA”).

Hereinafter, the Notice of Preparation, Notice of Availability, Draft EIR, Technical Studies, Final EIR (containing responses to public comments on the Draft EIR and textual revisions to the Draft EIR), and the Mitigation Monitoring and Reporting Program will be referred to collectively herein as the “EIR” unless otherwise specified.

1.1 Modified Project Summary

1.1.1 Site Location
The approximately 29.2-acre Modified Project Site is located within the City of Fontana, which is located in the southwestern portion of San Bernardino County, California. The City of Fontana is located east of the cities of Ontario and Rancho Cucamonga, west of the City of Rialto and the unincorporated community of Bloomington, and north of the City of Jurupa Valley. The Modified Project Site is located approximately 0.6-mile south of Interstate 10 (I-10), approximately 5.3 miles east of Interstate 15 (I-15), and approximately 8.5 miles west of Interstate 215 (I-215). The Modified Project Site includes Assessor Parcel Numbers (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.

1.1.2 Modified Project Description
The Modified Project Applicant proposes certain legislative actions, as well as site-specific actions for the construction and operation of three commerce center buildings collectively having up to 532,104 square feet (s.f.) of building space. The legislative actions for the Modified Project entail a proposed General Plan Amendment (GPA No. 23-004), a Zone Change Application (ZCA No. 23-006), and a Specific Plan Amendment (SPA No. 23-004) to amend the land use and zoning designations on 29.2 acres from residential designations to a light industrial designation and to incorporate the Modified Project Site into the Southwest Industrial Park (SWIP) Specific Plan. The Project’s site-specific actions entail a proposed Design Review Modified Project (DRP No. 22-029R1) and a Tentative Parcel Map No. 20709 (TPM No. 22-009R1) for Building 1; a proposed Design Review Modified Project (DRP No. 22-061R1) and a Tentative Parcel Map No. 20708 (TPM No. 22-030R1) for Building 2, and a proposed Design Review Modified Project (DRP No. 22-062R1) and a Tentative Parcel Map No. 20707 (TPM No. 22-031R1) for Building 3 to permit the development and operation of the three commerce center buildings on 24.2 acres of the 29.2-acre Modified Project Site. No site-specific development is currently proposed on the remaining 5.0 acres of the Modified Project Site, although a reasonably foreseeable consequence of the Modified Project would be the development of that 5.0- acre property with an industrial use. For purposes of this EIR, it is assumed that the 5.0 acres on which a site-specific development plan is not currently proposed, could be built out in the future with up to 792
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Findings of Fact and Statement of Overriding Considerations SCH No. 2022110389 2 131,464 s.f. of general light industrial use. In addition, the Modified Project includes an action pertaining to 507 planned multi-family housing units pursuant to the City of Fontana’s No Net Loss Density Bonus/Replacement Program to ensure compliance with California’s Housing Crisis Act of 2019 (SB 330). The Modified Project will also be subject to City Ordinance No. 1891 which establishes buffering and screening requirements, methods to improve traffic circulation, requirements for alternative energy, and improvements to circulation as it relates to industrial commerce center development in Fontana.

1.1.3 Project Objectives
The fundamental purpose and goal of the Project is the following:

1. To expand economic development in the City of Fontana by developing underutilized properties with an in-demand industrial use.

2. To make efficient use of a property in South Fontana by maximizing its buildout potential for employment-generating uses.

3. To attract employment-generating businesses to the City of Fontana to reduce the need for members of the local workforce to commute outside the area for employment.

4. To develop commerce center buildings in close proximity to City of Fontana truck routes and to the I-10 Freeway that can be used as part of the southern California supply chain and goods movement network.

5. To attract businesses that can expedite the delivery of goods to consumers and businesses in the City of Fontana and beyond.

6. To develop a project that has architectural design and operational characteristics that are compatible with other existing and planned land uses in the immediate vicinity of the Project Site.

7. To develop a property that has access to available infrastructure, including roads and utilities.

1.2 City of Fontana Actions Covered By the EIR
The City of Fontana has primary approval responsibility for the proposed Project. As such, the City serves as the Lead Agency for the EIR pursuant to CEQA Guidelines Section 15050. The City’s Planning Commission held a public hearing to consider the Final EIR on June 20, 2023. For the Project, the Planning Commission considered the GPA No. 23-004, ZCA No. 23-006, SPA No. 23-004, DRP No. 22-029R1, DRP No. 22-061R1, DRP No. 22-062R1, TPM No. 20709 (TPM No. 22-009R1), TPM No. 20708 (TPM No. 22-030R1), and TPM No. 20707 (TPM No. 22-031R1). The Planning Commission voted to recommend that the City Council certify the EIR for the Project. A public hearing was held before the City Council regarding certification of the Final EIR and approval of GPA No. 23-004, ZCA No. 23-006, SPA No. 23-004, DRP No. 22-029R1, DRP No. 22-061R1, DRP No. 22-062R1, TPM No. 20709 (TPM No. 22-009R1), TPM No. 20708 (TPM No. 22-030R1), and TPM No. 20707 (TPM No. 22-031R1) for the Project on July 25, 2023. The City Council denied the Project with a vote of 3-2. On October 4, 2023, the Applicant sought permission to file a new application for a modified version of the Project. The City Council will hold a public hearing on November 14, 2023, 793
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Findings of Fact and Statement of Overriding Considerations SCH No. 2022110389 3 to consider the Modified Project and certification of the EIR. Other agencies also may use the EIR as part of their decision-making processes concerning the proposed Project.

1.3 Environmental Review and Public Participation
The City conducted an extensive environmental review of the Project to ensure that the City’s decision makers and the public are fully informed about potential significant environmental effects of the Project to identify ways that environmental damage can be avoided or significantly reduced; to prevent significant, avoidable damage to the environment by requiring changes in the Project through the use of mitigation measures and project design requirements which have been found to be feasible; and to disclose to the public the reasons why the City has initiated the Project in the manner chosen in light of the significant environmental effects which have been identified in the EIR. In order to do this, the City, acting as lead agency under CEQA, undertook the following:
o Prepared a Notice of Preparation, which was used as the basis for the determination that an EIR should be prepared for the Project. The Notice of Preparation identified the environmental issues to be analyzed in detail in the Project’s EIR as: Aesthetics, Agricultural and Forestry Resources, Air Quality, Biological Resources, Cultural Resources, Energy, Geology & Soils, Greenhouse Gas Emissions, Hazards & Hazardous Materials, Hydrology & Water Quality, Land Use & Planning, Mineral Resources, Noise, Population and Housing, Public Services, Recreation, Transportation, Tribal Cultural Resources, Utilities & Service Systems, and Wildfire;
o The Notice of Preparation was sent to the Governor’s Office of Planning and Research (the “State Clearinghouse”), Responsible Agencies, Trustee Agencies, and other interested parties on November 18, 2022, for a 30-day review period;
o Held a publicly noticed EIR Scoping Meeting on December 7, 2022 using an internet-based virtual platform (Microsoft Teams);
o Submitted a Notice of Completion, Notice of Availability, and Draft EIR to the State Clearinghouse on April 7, 2023;
o Mailed a Notice of Availability to all Responsible Agencies, Trustee Agencies, County Clerk, other interested parties, and organizations and individuals who had previously requested the Notice on April 7, 2023 to inform recipients that the Draft EIR was available for a 45-day review period beginning on April 7, 2023, and ending on May 22, 2023; o Mailed the Notice of Availability to all property owners within a 300-foot radius of the Project Site on April 7, 2023;
o Provided copies of the Draft EIR to April 7, 2023 public agencies, organizations, and individuals on April 7, 2023;
o Made the Notice of Availability and Draft EIR available to the public on the City’s website; o Published the Notice of Availability in the Fontana Herald News, which is the newspaper of general circulation in the area affected by the Project, on June 9, 2023; 794
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Findings of Fact and Statement of Overriding Considerations SCH No. 2022110389 4 o Prepared responses to comments on the Draft EIR received during the 45-day comment period on the Draft EIR, which have been included in the Final EIR; o Published a notice on June 9, 2023, in the Fontana Herald News, the newspaper of general circulation in the area affected by the Project, that the Planning Commission would hold a public hearing on June 20, 2023, to consider the Project and EIR for recommendation to the City Council;
o Sent notice of the Planning Commission’s hearing to all organizations and individuals who had previously requested notification of anything having to do with the Project on June 8, 2023; o Sent written responses to comments to all public agencies, organizations, and individuals who submitted comments the Draft EIR on June 8, 2023 (1 comment letter was received); o Sent notice of the City Council’s hearing to all organizations and individuals who had previously requested notification of anything having to do with the Project on July 13, 2023. o Published a notice on July 14, 2023, in the Fontana Herald News, the newspaper of general circulation in the area affected by the Project, that the City Council would hold a public hearing on July 25, 2023, to consider approval of the Project and certification of the EIR; o Held a public hearing of the City Council on July 25, 2023, and, after full consideration of all comments, written and oral, certified that the Final EIR had been completed in compliance with CEQA and approved the Project.
o On October 24, 2023, the City granted permission to the Applicant to file a new application for a modified version of the Project which proposes the development of 532,104 square feet of warehousing use between 3 warehouse buildings of 150,538, 188,104, and 193,462 square feet respectively, with revised driveways and access changes and no changes proposed to Parcel A as part of this supplemental assessment (“Modified Project”). o On October 25, 2023, the City received a letter from T&B Planning dated October 23, 2023, documenting that, per CEQA Guidelines Section 15088.5, recirculation of the EIR is not necessary as the Modified Project will not result in (1) A new significant environmental impact would result from the Modified Project or from a new mitigation measure proposed to be implemented, (2) A substantial increase in the severity of an environmental impact would result unless mitigation measures are adopted that reduce the impact to a level of insignificance, (3) A feasible project alternative or mitigation measure considerably different from others previously analyzed would clearly lessen the environmental impacts of the project, but the project’s proponents decline to adopt it, (4) The draft EIR was so fundamentally and basically inadequate and conclusory in nature that meaningful public review and comment were precluded.
o T&B Planning’s October 23, 2023 Letter is supported by a Supplemental Assessment prepared by Urban Crossroads, and also submitted to the City, which documents any effects of the proposed Site Plan changes on the previous analyses of vehicle miles traveled (VMT), level of service (LOS) based Traffic, Air Quality, Greenhouse Gas Emissions, Energy, Health Risk Assessment, and Noise and Vibration and confirms that the Modified Project would result in 795
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Findings of Fact and Statement of Overriding Considerations SCH No. 2022110389 5 the same or fewer/lesser impacts on the environment for the aforementioned topics in comparison to the conclusions presented in the technical studies prepared to support the EIR. o Published a notice on November 3, 2023, in the San Bernardino Sun News, the newspaper of general circulation in the area affected by the Project, that the City Council would hold a public hearing on November 14, 2023, to consider approval of the Modified Project and certification of the EIR;
o Held a public hearing of the City Council on November 14, 2023, and, after full consideration of all comments, written and oral, certified that the Final EIR had been completed in compliance with CEQA and approved the Modified Project.

All of the documents identified above and all of the documents which are required to be part of the administrative record pursuant to Public Resources Code Section 21167.6(e) are on file with the City of Fontana Community Development Department, 8353 Sierra Avenue, Fontana, CA 92335. 796
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Findings of Fact and Statement of Overriding Considerations SCH No. 2022110389 6 2.0 Environmental Impacts and Findings

2.1 General Findings

2.1.1 Independent Judgment Finding
Finding: The EIR for the Modified Project reflects the City’s independent judgment and analysis.

Facts in Support of the Finding: The EIR was prepared by T&B Planning, Inc., an independent, professional consulting firm hired by the City and working under the supervision and direction of the City’s Planning Department staff. The City Council, as the City’s final decision-making body for the Project, received and reviewed the EIR and the comments, written and oral, provided by public agencies and members of the public prior to certifying that the EIR complied with CEQA. The professional qualifications and reputation of the EIR Consultant, the supervision and direction of the EIR Consultant by City staff and its consultants, the thorough and independent review of the Draft EIR and Final EIR, including comments and responses, by City staff, and the review and careful consideration of the Final EIR by the City Council, including comments and responses, all conclusively show that the Final EIR is the product of and reflects the independent judgment and analysis of the City as the Lead Agency, and of the City Council as the decision-making body for the Project.

2.1.2 Finding of the Absence of any Need to Recirculate the EIR Finding: The Final EIR does not add significant new information to the Draft EIR that would require recirculation of the Draft EIR.

Facts in Support of the Finding: The City Council recognizes that the Final EIR incorporates information obtained and produced after the Draft EIR was completed and that the Final EIR contains additions, clarifications, and minor modifications to the Draft EIR. The City Council has reviewed and considered the Final EIR and all of the information contained in it and has determined that the new information added to the Final EIR does not involve a new significant environmental impact, a substantial increase in the severity of an environmental impact, nor a feasible mitigation measure or an alternative considerably different from others previously analyzed that the Modified Project Applicant declined to adopt and that would clearly lessen the significant environmental impacts of the Project.

No information provided to the City Council indicates that the Draft EIR was inadequate or conclusory or that the public was deprived of a meaningful opportunity to review and comment on the Draft EIR.

2.1.3 General Finding on Mitigation Measures
It is the City’s intent to adopt and implement all mitigation measures identified in the EIR which are applicable to the Project, which the City finds to consist of all feasible measures that reduce the Project’s significant impacts. If a measure has, through error, been omitted from the Conditions of Approval or from these Findings, and that measure is not specifically reflected in these Findings, that measure shall be deemed to be adopted pursuant to this paragraph. In addition, unless specifically stated to the contrary in these Findings, all Conditions of Approval repeating or rewording mitigation measures recommended in the EIR are intended to be substantially similar to the mitigation measures recommended in the EIR and are found to be equally effective in avoiding or lessening the identified 797
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Findings of Fact and Statement of Overriding Considerations SCH No. 2022110389 7 environmental impact. In each instance, the Conditions of Approval contain the final wording for the mitigation measures.

2.2 Impacts Identified in the Initial Study (IS) or EIR as No Impact or Less than Significant Not Requiring Mitigation
Consistent with Public Resources Code Section 21002.1 and Section 15128 of the CEQA Guidelines, the EIR focused its analysis on potentially significant impacts, and limited discussion of other impacts for which it can be seen with certainty there is no potential for significant adverse environmental impacts. CEQA Guidelines Section 15091 does not require specific findings to address environmental effects that an EIR identifies as “no impact” or a “less than significant” impact. Nevertheless, the City Council hereby finds that the Modified Project would have either no impact or a less than significant impact under the following resource areas and therefore do not require the imposition of Mitigation Measures:

2.2.1 Aesthetics
A. Would the Modified Project have a substantial adverse effect on a scenic vista? (Threshold “a”)
Finding: Less-than-Significant Impact
Facts in Support of Finding: The Modified Project Site does not serve as a scenic vista or contribute to a scenic vista, nor does the City of Fontana General Plan identify any scenic vistas or scenic corridors on the Modified Project Site or in the vicinity of the Modified Project Site. Scenic resources visible (at least partially) from public viewpoints adjacent to the Modified Project Site include the San Gabriel Mountains (approximately 8.5 miles to the north and partially visible from Citrus Avenue, Santa Ana Avenue, and Oleander Avenue, Jurupa Hills High School, Fontana Adult School, and Citrus High School) and the Jurupa Hills (approximately 0.9-mile to the south and also partially visible from Citrus Avenue, Santa Ana Avenue, and Oleander Avenue, Jurupa Hills High School, Fontana Adult School, and Citrus High School). Under existing conditions, views of the San Gabriel Mountains to the north and the Jurupa Hills to the south are partially obscured from these public viewing areas due to intervening development and landscaping, topography, and atmospheric haze that is common in the Inland Empire throughout the year. (DEIR, p. 4.1-6) The maximum height of the three proposed commerce center buildings would be approximately 44 feet, 6 inches above finished floor elevation. Other vertical features (wall, fences, landscaping, etc.) would be shorter and have substantially less physical mass than the buildings, so the 44 foot, 6-inch-high buildings are considered to have the greatest potential to affect a scenic vista. The Project’s commerce center buildings would be set back from Citrus Avenue by approximately 20 feet, from Santa Ana Avenue by approximately 20 feet, and from Oleander Avenue by approximately 20 feet. These roadways are public viewing areas that have the potential to be affected by the Project.

From Citrus Avenue and Oleander Avenue, existing views of the San Gabriel Mountains and Jurupa Hills would not be obstructed by the Project, as the north-south orientation of the streets orient views toward the landforms. The Project’s buildings would be located east and west of these roads and have no potential to obstruct views to the north and to the south. From Santa Ana Avenue, the Modified 798
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Findings of Fact and Statement of Overriding Considerations SCH No. 2022110389 8 Project would have no potential to obstruct views of the Jurupa Hills, which are located south of Santa Ana Avenue whereas the Modified Project Site is located north of Santa Ana Avenue. From Jurupa Hills High School, Fontana Adult School, and Citrus High School, the Modified Project would not block views of the Jurupa Hills to any greater extent than already blocked by existing commerce center buildings located on the south side of Santa Ana Avenue. From Santa Ana Avenue looking north, the Modified Project would partially obstruct foreground views of the San Gabriel Mountains. At a maximum height of 44 feet, 6-inches, the proposed commerce center buildings would not be so tall, however, as to obstruct public views or otherwise substantially detract from public views of the higher elevations of the San Gabriel Mountains in the distance due to the heights of the landform features reaching to approximately 10,064 feet in elevation. Distant mountain views would still be visible looking north beyond the boundary of the Modified Project Site. (DEIR, p. 4.1-6) B. Would the Modified Project substantially damage scenic resources, including, but not limited to trees, rock outcroppings, and historic buildings within a state scenic highway? (Threshold “b”)
Finding: No Impact
Facts in Support of Finding: The Modified Project Site is not located within or adjacent to an officially designated State scenic highway corridor and does not contain scenic resources, such as trees of scenic value, rock outcroppings, or historic buildings. The nearest officially designated scenic highway to the Modified Project Site is the segment of State Route 38 (SR-38) at I-10 near Redlands and SR-18 near Fawnskin, located approximately 15.2 miles to the east of the Modified Project area.

Because of distance and intervening development and topography, the Modified Project would not be visible from the aforementioned segment of SR-38 and, therefore, would not adversely affect views from this scenic corridor. (DEIR, p. 4.1-7)
C. In non-urbanized areas, would the Modified Project substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point.) If the Modified Project is in an urbanized area, would the Modified Project conflict with applicable zoning and other regulations governing scenic quality? (Threshold “c”)
Finding: No Impact
Facts in Support of Finding: The Modified Project Site is located within the boundaries of the Census-defined “Riverside-San Bernardino urban area;” an area that meets the U.S. Census Bureau’s definition of an “urbanized area.” (DEIR, p. 4.1-7)
The Project’s architecture incorporates a neutral color palette that would not be visually offensive and also incorporates accent elements, such as colored glass and decorative building elements for visual interest. Additionally, the Project’s landscape plan incorporates low-water-need plant species that can maintain vibrancy during drought conditions. The proposed visual features of the Modified Project would ensure a high-quality aesthetic for the site. The City of Fontana reviewed the Project’s application materials in detail and determined that no component of the Modified Project would 799
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Findings of Fact and Statement of Overriding Considerations SCH No. 2022110389 9 conflict with applicable design regulations within the City of Fontan’s Zoning and Development Code that govern scenic quality or the SWIP Specific Plan design guidelines for new development within the SED, which are applicable because the Modified Project includes a proposed amendment to the SWIP Specific Plan to expand its boundary to include the Modified Project Site. A less-thansignificant impact would occur because the Modified Project as designed is consistent with applicable zoning and other regulations governing scenic quality. (DEIR, p. 4.1-7) D. Would the Modified Project create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? (Threshold “d”) Finding: Less-than-Significant Impact
Facts in Support of Finding: Development on the Modified Project Site is required to adhere to the lighting requirements as set forth in the City of Fontana Municipal Code (Sections 30-265 and 30-266). The Municipal Code lighting standards govern the placement and design of outdoor lighting fixtures to ensure adequate lighting for public safety while also minimizing light pollution and glare and precluding public nuisances. The City also is obligated to confirm compliance with applicable lighting requirements during future review of building permit applications/plans. Mandatory compliance with Municipal Code Sections 30-265 and 30-266 would ensure that the Modified Project would not introduce any permanent design features that would adversely affect day or nighttime views in the area. (DEIR, p. 4.1-11)
With respect to glare, a majority of Modified Project building materials would consist of tiltup concrete panels (which are low-reflective), although the buildings would incorporate some glass elements. While window glazing has a potential to result in minor glare effects, such effects would not adversely affect daytime views of surrounding properties, including motorists along adjacent roadways, because the glass proposed for the on-site commerce center development is low reflective and proposed landscaping also would filter any glare potential. (DEIR, p. 4.1-11)

2.2.2 Agriculture and Forestry Resources
A. Would the Modified Project convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? (Threshold “a”)
Finding: No Impact
Facts in Support of Finding: According to the Farmland Mapping and Monitoring Program (FMMP) mapping information, the Modified Project Site does not contain any soils classified as “Prime Farmland,” “Unique Farmland,” or “Farmland of Statewide Importance.” The Modified Project Site is designated as “Urban and Built-Up Land” and “Other Land.” As such, the Modified Project would not convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance to nonagricultural use and no impact would occur. (DEIR, p. 4.2-5) 800
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Findings of Fact and Statement of Overriding Considerations SCH No. 2022110389 10 B. Would the Modified Project conflict with existing zoning for agricultural use, or a Williamson Act Contract (Threshold “b”)
Finding: No Impact
Facts in Support of Finding: The Modified Project Site is not zoned for agricultural use, nor is it surrounded by land zoned for an agricultural use. Therefore, implementation of the Modified Project has no potential to conflict with existing zoning for an agricultural use. (DEIR, p. 4.2-5) According to information from the DOC, the Modified Project Site, nor any land in the vicinity of the Modified Project Site is under a Williamson Act contract. As such, no impact would occur to property under a Williamson Act contract. (DEIR, p. 4.2-5) C. Would the Modified Project conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code Section 12220(g)), timberland (as defined by Public Resources Code Section 4526), or timberland zoned Timberland Production (as defined by Government Code Section 51104(g))? (Threshold “c”)
Finding: No Impact
Facts in Support of Finding: The Modified Project Site is not zoned as forest land, timberland, or Timberland Production, nor is it surrounded by forest land, timberland, or Timberland Production land. Therefore, the Modified Project does not have the potential to conflict with any areas currently zoned as forest, timberland, or Timberland Production and would not result in the rezoning of any such lands. (DEIR, p. 4.2-6)
D. Would the Modified Project result in the loss of forest land or conversion of forest land to nonforest use? (Threshold “d”) Finding: No Impact
Facts in Support of Finding: The Modified Project Site does not contain a forest and is not designated as forest land; thus, the proposed Modified Project would not result in the loss of forest land or the conversion of forest land to non-forest use. As such, no impact would occur. (DEIR, p.

4.2-6)
E. Would the Modified Project involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use? (Threshold “e”) Finding: No Impact
Facts in Support of Finding: The Modified Project Site does not contain any Farmland; therefore, the Modified Project would not convert Farmland to non-agricultural use. Additionally, the Modified Project Site does not contain forest land and is not zoned for forest land and the Modified Project would not convert forest land resources to non-forest use. (DEIR, p. 4.2-6) 801
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Findings of Fact and Statement of Overriding Considerations SCH No. 2022110389 11 2.2.3 Air Quality
A. Would the Modified Project conflict with or obstruct implementation of the applicable air quality plan? (Threshold “a”)
Finding: Less-than-Significant Impact
Facts in Support of Finding: The SCAQMD 2016 AQMP, which is the applicable air quality plan for the Modified Project area, addresses long-term air quality conditions for the SCAB.

Consistency Criterion No. 1 refers to violations of the NAAQS and CAAQS. Violations of the NAAQS and/or CAAQS would occur if the emissions resulting from the Modified Project were to exceed the SCAQMD’s localized emissions thresholds. As a conservative measure, the Project’s regional emissions of VOC, NOX, PM10, and PM2.5 also are considered in this consistency determination because if the Project’s emissions of any of these pollutants would exceed the applicable SCAQMD regional thresholds, then these emissions could delay the SCAB’s attainment of federal and/or State ozone or particulate matter standards. Project-related activities would not exceed SCAQMD localized emissions thresholds during construction or long-term operation and, thus, would not directly cause new violations of the NAAQS and/or CAAQS. In addition, operation of the Modified Project would not result in emissions of any criteria pollutant in excess of the applicable SCAQMD regional threshold and, therefore, would not result in a long-term increase in the frequency or severity of existing air quality violations in the SCAB. Based on the foregoing information, the Modified Project would not conflict with Consistency Criterion No. 1. (DEIR, p. 4.3-25) The growth forecasts used in the AQMP to calculate future regional emissions levels are based on land use planning data provided by lead agencies via their general plan documentation.

Development projects that increase the intensity of use on a specific property beyond the respective general plan’s vision may result in increased stationary area source emissions and/or vehicle source emissions when compared to the AQMP assumptions. However, if a Modified Project does not exceed the growth projections in the applicable local general plan, then the Modified Project is considered to be consistent with the growth assumptions in the AQMP. The prevailing planning document for the Modified Project Site is the City’s General Plan, which designates the Modified Project Site for “Residential Planned Community (R-PC)” and “Multi-Family Medium/High Residential (R-MFMH)” land uses and “Residential Planned Community (R-PC)” and “Multiple-Family Medium/High Density Residential (R-4)” zoning. The Modified Project proposes a General Plan Amendment to change the land use designation to “General Industrial (I-G)” and a zone change application to change the zoning classification to “Southwest Industrial Park (SWIP) Specific Plan.” Although the Modified Project proposes a different land use than called for under the City’s General Plan, the Modified Project would have less than significant air quality impacts as determined under Threshold “b” below and thus would not conflict with the goals and objectives of the AQMP. Because the Modified Project would not exceed the regional or localized air quality significance thresholds, the Modified Project would not conflict with Consistency Criterion No. 2. (DEIR, pp. 4.3-25 to 4.3-26) In summary, the Modified Project would not result in a substantial adverse environmental impact due to an increase in the frequency or severity of existing air quality violations, the creation of new violations, the delay of timely attainment of air quality standards, or the interim emissions 802
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Findings of Fact and Statement of Overriding Considerations SCH No. 2022110389 12 reductions specified in the AQMP, or the exceedance of growth assumptions in the AQMP. (DEIR, p.

4.3-26)
B. Would the Modified Project result in a cumulatively considerable net increase of any criteria pollutant for which the Modified Project region is non-attainment under an applicable federal or state ambient air quality standard? (Threshold “b”)
Finding: Less-than-Significant Impact
Facts in Support of Finding: Regarding construction emissions for the Project, peak construction-related emissions of VOCs, NOX, CO, SOX, and particulate matter (PM10 and PM2.5) would not exceed the applicable SCAQMD regional thresholds. Accordingly, the Project’s construction activities would not emit substantial concentrations of these pollutants and would not contribute to an existing or projected air quality violation on a cumulatively considerable basis.

Modified Project construction impacts related to emissions of VOCs, NOX, CO, SOX, PM10, and PM2.5 would all be less than significant and no mitigation is required. (DEIR, p. 4.3-26) Regarding operational emissions for the Project, Project‐related operational emissions of VOCs, NOX, CO, SOX, PM10 and PM2.5 would not exceed SCAQMD regional criteria thresholds.

Accordingly, the Modified Project would not emit substantial concentrations of these pollutants during long‐term operation and would not contribute to an existing or projected air quality violation. The Project’s long‐term emissions of VOCs, NOX, CO, SOX, PM10 and PM2.5 would be less than significant. (DEIR, p. 4.3-28)
C. Would the Modified Project expose sensitive receptors to substantial pollutant concentrations? (Threshold “c”)
Findings: Less-than-Significant Impact
Facts in Support of Finding: Localized emissions from Modified Project construction and operations would not exceed the applicable SCAQMD thresholds for any criteria pollutant and impacts would be less than significant. (DEIR, pp. 4.3-28 to 4.3-29) The receptor location with the greatest potential exposure to Modified Project constructionrelated DPM emissions is an existing residence located at 10788 Mint Leaf Way approximately 740 feet east of the Modified Project Site. At this receiver location, the maximum incremental cancer risk attributable to the Modified Project is 1.24 in one million, which would not exceed the SCAQMD cancer risk threshold of 10 in one million. Also, the non-cancer risk health index would be <0.01, which would not exceed the SCAQMD non-cancer health risk index threshold of 1.0. Modified Project construction would not directly cause or contribute in a cumulatively-considerable manner to the exposure of receptors near the Modified Project Site to substantial DPM emissions. Impacts would be less than significant. (DEIR, p. 4.3-30)
At the maximally exposed individual receptor (MEIR), which is a residence located at 16079 Tyrol Drive approximately 239 feet northwest of the Modified Project Site, the maximum incremental 803
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Findings of Fact and Statement of Overriding Considerations SCH No. 2022110389 13 cancer risk attributable to Project-related DPM emissions is calculated to be 1.19 in one million, which would not exceed the SCAQMD cancer risk threshold of 10 in one million. The non-cancer health risk index at the MEIR is estimated to be <0.01, which would not exceed the SCAQMD non-cancer health risk index threshold of 1.0. All other residential locations in the general vicinity of the Modified Project Site would be exposed to lower concentrations of Project-related DPM emissions than the MEIR due to their increased distance from Project-related truck activity and, therefore, would be exposed to lesser risk than the MEIR identified above. The Modified Project would not directly cause or contribute in a cumulatively considerable manner to the exposure of residential receptors near the Modified Project Site to substantial DPM emissions. Impacts to residential receptors would be less than significant. (DEIR, p. 4.3-30)
At the maximally exposed individual worker (MEIW), located adjacent to the north side of the Modified Project Site, the maximum incremental cancer risk attributable to the DPM emissions from trucks traveling to/from the Modified Project Site is calculated to be 0.26 in one million, which would not exceed the SCAQMD cancer risk threshold of 10 in one million. The non-cancer health risk index at the MEIW is estimated to be <0.01, which would not exceed the SCAQMD non-cancer health risk index threshold of 1.0. All other places of business in the general vicinity of the Modified Project Site would be exposed to lower concentrations of Project-related DPM emissions than the MEIW due to their increased distance from Project-related truck activity and, therefore, would be exposed to lesser risk than the MEIW identified above. Impacts to worker receptors would be less than significant. (DEIR, p. 4.3-31)
At the maximally exposed school child receptor (MEISC), the nearest schools are the Fontana Adult School, Citrus High School, and Jurupa Hills High School located approximately 13 feet, 330 feet, and 332 feet north of the Modified Project Site. The maximum incremental cancer risk attributable to the DPM emissions from trucks traveling to/from the Modified Project Site is calculated to be 0.50 in one million, which would not exceed the SCAQMD cancer risk threshold of 10 in one million. The non-cancer health risk index at the MEIW is estimated to be <0.01, which would not exceed the SCAQMD non-cancer health risk index threshold of 1.0 (ibid.). All other school campuses in the general vicinity of the Modified Project Site would be exposed to lower concentrations of Project-related DPM emissions than the MEISC due to their increased distance from Project-related truck activity and, therefore, would be exposed to lesser risk than the MEISC identified above. Impacts to school child receptors would be less than significant. (DEIR, p. 4.3-31) D. Would the Modified Project result in other emissions (such as those leading to odors adversely affecting a substantial number of people? (Threshold “d”) Findings: Less-than-Significant Impact
Facts in Support of Finding: During construction activities on the Modified Project Site, odors could be produced by construction equipment exhaust or from the application of asphalt and/or architectural coatings. However, standard construction practices would minimize the odor emissions and their associated impacts. Furthermore, any odors emitted during construction would be temporary, short-term, and intermittent in nature, and would cease upon the completion of the respective phase of construction. In addition, construction activities on the Modified Project Site would be required to 804
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Findings of Fact and Statement of Overriding Considerations SCH No. 2022110389 14 comply with SCAQMD Rule 402, which prohibits the discharge of odorous emissions that would create a public nuisance. Accordingly, the Project’s construction would not create objectionable odors affecting a substantial number of people and all impacts would be less than significant. (DEIR, p. 4.3- 32)
During long-term operation, the Modified Project would operate as a commerce center, which are not typically associated with the emission of objectionable odors. Temporary outdoor refuse storage could be a potential source of odor; however, Project-generated refuse is required to be stored in covered containers and removed at regular intervals in compliance with the City’s solid waste regulations, thereby precluding any significant odor impact. Furthermore, the occupant(s) of the proposed commerce center would be required to comply with SCAQMD Rule 402, which prohibits the discharge of odorous emissions that would create a public nuisance, during long-term operation.

As such, long-term operation of the Modified Project would not create objectionable odors affecting a substantial number of people and all impacts would be less than significant. (DEIR, p. 4.3-32)

2.2.4 Biological Resources
A. Would the Modified Project 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 Wildlife or U. S. Fish and Wildlife Service? (Threshold “a”) Finding: No Impact
Facts in Support of Finding:

Direct Impacts to Special-Status Plants: No special-status plants were observed on the Modified Project Site by Alden biologists during field surveys and, due to the disturbed nature of the Modified Project Site, the Modified Project Site does not have potential to support special-status plant species. A permit to remove a heritage, significant and/or specimen tree may be required in accordance with the City Municipal Code, should any be present. (DEIR, p. 4.4-7) Direct Impacts to Special-Status Wildlife: Alden biologists surveying the Modified Project Site did not observe any sensitive wildlife species on the Modified Project Site or detect any sign that any sensitive wildlife species may use the Site. Because the Modified Project Site contains no natural habitat, substantial plant cover, or special site features that could be used by special-status wildlife species and because of the high level of human activity on the Site and adjacent areas, no special-status wildlife species are expected to be present on or periodically use the Modified Project Site. (DEIR, p.

4.4-8)
Potential Indirect Impacts to Special-Status Biological Resources: The Modified Project Site is highly disturbed under existing conditions and the Site is surrounded by developed, urban land uses.

No natural or open spaces are located adjacent to the Modified Project Site and it is unlikely that special-status plants or wildlife species occur within areas adjacent to the Site due to high levels of disturbance and ongoing human activity. Due to the lack of natural, undisturbed habitat surrounding the Modified Project Site and the unlikely presence of listed or special-status plant or wildlife species 805
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Findings of Fact and Statement of Overriding Considerations SCH No. 2022110389 15 in areas abutting the Site, the Modified Project would not result in indirect impacts to listed or specialstatus biological resources. (DEIR, p. 4.4-8) The Modified Project Site is in area that is surrounded by existing development with habitat conditions very similar to those that exist on the Modified Project Site. There are no native open space areas adjacent to the Modified Project Site and no listed or special-status plant or wildlife species are expected to occur within the developed and disturbed areas abutting the site. Due to the lack of natural, undisturbed habitat surrounding the Modified Project Site and the unlikely presence of listed or specialstatus plant or wildlife species in areas abutting the site, the Modified Project would not result in indirect impacts to listed or special-status biological resources. (DEIR, p. 4.4-8) B. Would the Modified Project have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Wildlife or U. S. Fish and Wildlife Service? (Threshold “b”) Finding: No Impact
Facts in Support of Finding: Based on field surveys conducted on the Modified Project Site no riparian habitat is present on the Modified Project Site and, none of the vegetation communities or land cover types observed on the Modified Project Site (i.e., non-native grassland, disturbed, developed) are classified as a sensitive or natural community. Implementation of the Modified Project would not have a substantial adverse effect on riparian habitat or other sensitive natural community identified in in local or regional plans, policies, or regulations, or by the CDFW or the USFWS; no impact would occur. (DEIR, p. 4.4-8)
C. Would the Modified Project have a substantial adverse effect on State or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? (Threshold “c”) Finding: No Impact
Facts in Support of Finding: The Modified Project site does not contain any protected wetland or aquatic resources, including, but not limited to, natural drainages or water courses, wetland habitat, marsh, vernal pools, or coastal resources. As such, the Modified Project would not have a substantial adverse effect on State- or federally-protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means. No impact would occur. (DEIR, pp. 4.4-8 to 4.4-9)
D. Would the Modified Project conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? (Threshold “e”) Finding: No Impact
Facts in Support of Finding: The Modified Project would remove mature, trees and shrubs from the Modified Project Site. A permit to remove a heritage, significant and/or specimen tree may be required in accordance with the City Municipal Code, should any be present. As required by the Tree 806
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Findings of Fact and Statement of Overriding Considerations SCH No. 2022110389 16 Protection Ordinance, the Modified Project Applicant would be required to have a professional arborist survey the Modified Project Site prior to the issuance of a grading permit or any permit that authorized tree removal. Based on the findings of the arborist, the trees on the Modified Project Site would require replacement at a minimum ratio of 1:1 to a maximum ratio of 4:1 depending on the size and health of the tree to be removed. If sufficient replacement trees are not provided on the site, the Municipal Code allows for fees to be paid to the City’s tree account to provide for the planting of trees on City land in order to comply the requirements of the Municipal Code. The City would not issue a building permit until and unless compliance with the Tree Protection Ordinance can be demonstrated. Accordingly, implementation of the Modified Project would not result in a conflict with the City’s Tree Preservation Ordinance. A less-than-significant impact would occur. (DEIR, pp. 4.4-9 to 4.4-10) E. Would the Modified Project conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? (Threshold “f”)
Finding: No Impact
Facts in Support of Finding: The Modified Project Site 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. (DEIR, p. 4.4- 10)

2.2.5 Cultural Resources
A. Would the Modified Project cause a substantial adverse change in the significance of a historical resource pursuant to Section 15064.5? (Threshold “a”) Finding: Less-than-Significant Impact
Facts in Support of Finding: Thirteen (13) single-family residences and outbuildings constructed between 1944 and 1969 were identified at ten separate properties (APN’s 255-011-13, - 14, -18, -19, and -25 to -30). The historic-age buildings were recorded as sites Temp-1 to Temp-10 with the SCCIC and were subsequently evaluated for significance. Sites Temp 1 to Temp-10 were determined to be not historically or architecturally significant under any CEQA criteria due to a lack of association with any significant persons or events and not being representative examples of any specific architectural style, period, or region. Accordingly, implementation of the Modified Project would not result in a substantial adverse change to any historical resource as defined by CEQA Guidelines Section 15064.5, and impacts would be less than significant. (DEIR, p. 4.5-10) B. Would the Modified Project disturb any human remains, including those interred outside of formal cemeteries? (Threshold “c”)
Finding: Less-than-Significant Impact
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Findings of Fact and Statement of Overriding Considerations SCH No. 2022110389 17 Facts in Support of Finding: The Modified Project Site does not contain a cemetery and no known formal cemeteries are located within the immediate Site vicinity. Field surveys conducted on the Modified Project Site did not identify the presence of any human remains and no human remains are known to exist beneath the surface of the Modified Project Site. Nevertheless, the remote potential exists that human remains may be unearthed during grading and excavation activities associated with Modified Project construction. (DEIR, p. 4.5-11)
If human remains are unearthed during Modified Project construction, the construction contractor would be required by law to comply with California Health and Safety Code Section 7050.5 “Disturbance of Human Remains.” According to Section 7050.5(b) and (c), if human remains are discovered, the County Coroner must be contacted and if the Coroner recognizes the human remains to be those of a Native American, or has reason to believe that they are those of a Native American, the Coroner is required to contact the NAHC by telephone within 24 hours. Pursuant to California Public Resources Code Section 5097.98, whenever the NAHC receives notification of a discovery of Native American human remains from a county coroner, the NAHC is required to immediately notify those persons it believes to be most likely descended from the deceased Native American. The descendants may, with the permission of the owner of the land, or his or her authorized representative, inspect the site of the discovery of the Native American human remains and may recommend to the owner or the person responsible for the excavation work means for treatment or disposition, with appropriate dignity, of the human remains and any associated grave goods. The descendants shall complete their inspection and make recommendations or preferences for treatment within 48 hours of being granted access to the site. According to Public Resources Code Section 5097.94(k), the NAHC is authorized to mediate disputes arising between landowners and known descendants relating to the treatment and disposition of Native American human burials, skeletal remains, and items associated with Native American burials. With mandatory compliance to California Health and Safety Code Section 7050.5 and Public Resources Code Section 5097.98, any potential impacts to human remains, including human remains of Native American ancestry, that may result from development of the Modified Project would be less than significant. (DEIR, pp. 4.5-11 to 4.5-12)

2.2.6 Energy
A. Would the Modified Project result in a potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during Modified Project construction or operation? (Threshold “a”)
Finding: Less-than-Significant Impact
Facts in Support of Finding: The Project’s construction process would require the use of fuels (gasoline and diesel) and electricity. Project-related construction would represent a “single‐event” energy demand and would not require on‐going or permanent commitment of energy resources.

Modified Project construction activities are estimated to consume approximately 281,358 kilowatt hours (kWh) of electricity, approximately 85,533 gallons of diesel fuel from operation of construction equipment, 32,423 gallons of diesel fuel from construction vendor trips, and 49,106 gallons of fuel from construction worker trips. (DEIR, p. 4.6-5)
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Findings of Fact and Statement of Overriding Considerations SCH No. 2022110389 18 The equipment used for Modified Project construction would conform to CARB regulations and State emissions standards. There are no unusual Modified Project characteristics or construction processes that would require the use of equipment that would be more energy intensive or less energy efficient than is used for comparable activities elsewhere in the region; or equipment that would not conform to current emissions standards (and related fuel efficiencies). Additionally, Modified Project construction activities would be required to comply with State law (Code of Regulations Title 13, Motor Vehicles, section 2449(d)(3)) and CARB Air Toxic Control Measures that place restrictions on the length of time that diesel-powered equipment and vehicles can idle before powering down (thereby precluding unnecessary and wasteful consumption of fuel due to unproductive idling of construction equipment). Lastly, Modified Project construction contractors would be required to comply with applicable CARB regulations regarding retrofitting, repowering, or replacement of older, less-efficient diesel off-road construction equipment. Accordingly, the equipment and vehicles employed in construction of the Modified Project would not result in inefficient wasteful, or unnecessary consumption of fuel. (DEIR, p. 4.6-5)
Energy consumption in support of or related to Modified Project operations would include transportation energy demands (energy consumed by passenger car and truck vehicles accessing the Modified Project Site) and facility energy demands (energy consumed by building operations and Modified Project Site maintenance activities). The Project’s energy demand is calculated to be 396,865 gallons of fuel and 2,634,018 kWh of electricity per year. Refer to Subsection 4.4 from the Project’s energy analysis (see Technical Appendix F) for detailed calculations of all components of the Project’s operational energy use. It should be noted that City of Fontana Ordinance No. 1891 requires the Modified Project to provide 100 percent of its electrical demand for non-refrigerated building space via rooftop solar panels, which for purposes of this analysis is estimated to be approximately 2,498,021per year. (DEIR, p. 4.6-6)
The Project’s proposed buildings would incorporate contemporary, energy-efficient/energyconserving design and operational programs (including the enhanced building/utility energy efficiencies mandated by the Energy Code and CalGreen). The Modified Project will be subject to compliance with the 2022 California Green Building Code Standards that became effective on January 1, 2023, and mandate energy conservation features that are more stringent (energy-conserving) than prior versions of the respective codes. On this basis, the Modified Project will inherently use less energy than comparable buildings constructed under prior versions of the Energy and CalGreen Codes.

Modified Project building operations would not result in the inefficient, wasteful, or unnecessary consumption of energy due to mandatory Energy Code and CalGreen compliance. Furthermore, the Modified Project Site is within the existing service area of SCE, is capable of being served by the energy provider, and implementation of the Modified Project would not cause or result in the need for additional energy facilities or energy delivery systems. (DEIR, p. 4.6-6) From a transportation energy perspective, the Modified Project Site’s location proximate to regional and local roadway systems would tend to minimize VMT within the region, acting to reduce regional vehicle energy demands. The Modified Project does not propose uses or operations that would inherently result in excessive and wasteful vehicle trips and VMT, nor associated excess and wasteful vehicle energy consumption. (DEIR, pp. 4.6-6 to 4.6-7)
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Findings of Fact and Statement of Overriding Considerations SCH No. 2022110389 19 B. Would the Modified Project conflict with or obstruct a State or local plan for renewable energy or energy efficiency? (Threshold “b”)
Finding: Less-than-Significant Impact
Facts in Support of Finding:

Federal Energy Regulations: The Modified Project would not interfere with, nor otherwise obstruct intermodal transportation plans or projects that may be realized pursuant to the Intermodal Surface Transportation Efficiency Act of 1991 because SCAG is not planning for intermodal facilities on or through the Modified Project Site. The Modified Project supports the strong planning processes emphasized under TEA‐21. The Modified Project is therefore consistent with, and would not otherwise interfere with, nor obstruct implementation of TEA‐21. (DEIR, p. 4.6-7) State Energy Regulations: The Integrated Energy Policy Report (IEPR) policy recommendations to be implemented by energy providers in California. Electricity would be provided to the Modified Project by SCE. SCE is consistent with, and would not otherwise interfere with, nor obstruct implementation of the goals presented in the 2021 IEPR. Thus, because the SCE is consistent with the 2021 IEPR, the Modified Project is consistent with, and would not otherwise interfere with, nor obstruct implementation of the goals presented in the 2021 IEPR. Additionally, the Modified Project would comply with the applicable Title 24 standards which would ensure that the Modified Project energy demands would not be inefficient, wasteful, or otherwise unnecessary. As such, development of the Modified Project would support the goals presented in the 2021 IEPR. (DEIR, pp.

4.6-7 to 4.6-8)
The Modified Project supports urban design and planning processes identified under the State of California Energy Plan, is consistent with, and would not otherwise interfere with, nor obstruct implementation of the State of California Energy Plan. (DEIR, p. 4.6-8) The Modified Project will design the building shell and building components, such as windows, roof systems, electrical and lighting systems, and heating, ventilating, and air conditioning systems to meet 2022 Energy Efficiency Standards, which would be confirmed by the City during the building permit review process. The Modified Project also is required by State law to be designed, constructed, and operated to meet or exceed 2022 Energy Efficiency Standards. On this basis, the Modified Project is determined to be consistent with, and would not interfere with, nor otherwise obstruct implementation of the State’s Title 24 Energy Efficiency Standards. (DEIR, p. 4.6-8) No feature of the Modified Project would interfere with implementation of the requirements under AB 1493. Notwithstanding, all model year 2009-2016 passenger cars and light duty truck vehicles traveling to and from the Modified Project Site are required by law to comply with the legislation’s fuel efficiency requirements. (DEIR, p. 4.6-8) No feature of the Modified Project would interfere with implementation of the requirements under RPS. Notwithstanding, energy directly or indirectly supplied to the Modified Project Site by electric corporations is required by law to comply with SB 1078. (DEIR, p. 4.6-8) 810
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Findings of Fact and Statement of Overriding Considerations SCH No. 2022110389 20 Energy directly or indirectly supplied to the Modified Project Site by electric corporations is required by law to comply with SB 350. No feature of the Modified Project would interfere with implementation of the requirements under SB 350. (DEIR, p. 4.6-8) Local Energy Regulations: The City of Fontana would require the Modified Project to be designed, constructed, and operated to meet or exceed the California Green Building Standards Code (as adopted by Chapter 5 of the Fontana Municipal Code). The City would confirm the Project’s compliance with the Building Code as part of the building permit review process. On this basis, the Modified Project is determined to be consistent with, and would not interfere with, nor otherwise obstruct implementation of the California Building Standards Code. (DEIR, p. 4.6-9) The City of Fontana would require the Modified Project to be designed, constructed, and operated to meet the requirements of Ordinance No. 1891, including the installation and operation of rooftop solar panels. The City would confirm the Project’s compliance with Ordinance No. 1891 as part of the building permit review process and as part of the City’s on-going code compliance process.

On this basis, the Modified Project is determined to be consistent with, and would not interfere with, nor otherwise obstruct implementation of Ordinance No. 1891. (DEIR, p. 4.6-9)

2.2.7 Geology and Soils
A. Would the Modified Project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury or death involving (Threshold “a”):
i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault?
ii. Strong seismic ground shaking?
iii. Seismic-related ground failure, including liquefaction? iv. Landslides?
Finding: Less-than-Significant Impact
Facts in Support of Finding:

Rupture of Known Earthquake Fault: There are no known active or potentially active faults on or trending toward the Modified Project Site and the Modified Project Site is not located within a mapped Alquist-Priolo Earthquake Fault Zone. Because there are no known faults located on or trending towards the Modified Project Site, there is no potential for the Modified Project to directly or indirectly expose people or structures to substantial adverse effects related to ground rupture. No impact would occur. (DEIR, p. 4.7-10)
Strong Seismic Ground Shaking: In conformance with the Municipal Code, the City will condition the Modified Project to comply with the Site-specific ground preparation and construction recommendations contained in the geotechnical report. With mandatory compliance with these 811
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Findings of Fact and Statement of Overriding Considerations SCH No. 2022110389 21 standard and Site-specific design and construction measures, implementation of the Modified Project would not directly or indirectly expose people or structures to substantial adverse effects, including loss, injury or death, involving seismic ground shaking. Impacts would be less-than-significant. (DEIR, p. 4.7-11)
Seismic-Related Ground Failure: The Modified Project would be required to be designed and constructed in accordance with applicable seismic safety guidelines, including the standard requirements of the CBSC and Fontana Building Code, as noted above. Furthermore, and pursuant to the requirements of Fontana Municipal Code Chapter 26, Division 4, the Modified Project would be required (via conditions of approval) to comply with the grading and construction recommendations contained within the geotechnical report for the Modified Project Site to further reduce the risk of seismic-related ground failure due to liquefaction. Therefore, implementation of the Modified Project would not directly or indirectly expose people or structures to substantial hazards associated with seismic-related ground failure and/or liquefaction hazards. Impacts would be less-than-significant. (DEIR, p. 4.7-11)
Landslides: The Modified Project Site is relatively flat and there are no steep slopes or recorded landslides in the immediate vicinity of the Modified Project Site. Mandatory compliance with the recommendations contained within the Modified Project Site’s geotechnical reports (as required by City of Fontana Municipal Code Chapter 26, Division 4) would ensure that the Modified Project is engineered and constructed to maximize stability and preclude safety hazards to on-site and abutting off-site areas. Accordingly, the Modified Project would not be exposed to substantial landslide risks, and implementation of the Modified Project would not pose a substantial direct or indirect landslide risk to surrounding properties. Impacts would be less-than-significant. (DEIR, p. 4.7-11) B. Would the Modified Project result in substantial soil erosion or the loss of topsoil? (Threshold “b”)
Finding: Less-than-Significant Impact
Facts in Support of Finding: Pursuant to the requirements of the State Water Resources Control Board, the Modified Project Applicant would be required to obtain coverage under the State’s General Construction Storm Water Permit for construction activities (NPDES permit). In addition, the Modified Project would be required to comply with the Santa Ana RWQCB’s Santa Ana River Basin Water Quality Control Program. Compliance with the NPDES permit and the Santa Ana River Basin Water Quality Control Program involves the preparation and implementation of a Stormwater Pollution Prevention Plan (SWPPP) for construction-related activities. The SWPPP will specify the Best Management Practices (BMPs) that the Modified Project Applicant will be required to implement during construction activities to ensure that waterborne pollution – including erosion/sedimentation – is prevented, minimized, and/or otherwise appropriately treated prior to surface runoff being discharged from the subject property. Lastly, the Modified Project would be required to implement an erosion and dust control plan pursuant to Fontana Municipal Code Chapter 9, Article II (and to ensure compliance with SCAQMD Rule 403) to minimize water- and windborne erosion. Mandatory compliance with the SWPPP and the erosion control plan would ensure that the Project’s implementation does not violate any water quality standards or waste discharge requirements during 812
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Findings of Fact and Statement of Overriding Considerations SCH No. 2022110389 22 construction activities. Therefore, water quality impacts associated with construction activities would be less-than-significant and no mitigation measures would be required. (DEIR, p. 4.7-12) Upon Modified Project build-out, the Modified Project Site would be covered by buildings, landscaping, and impervious surfaces. Stormwater runoff from the Modified Project Site would be captured, treated to reduce waterborne pollutants (including sediment), and conveyed off-site via an on-site storm drain system. Accordingly, the amount of erosion that would occur on the Modified Project Site would be minimal and would be comparable to existing conditions. (DEIR, p. 4.7-12) To meet the requirements of the City’s Municipal Storm Water Permit, and in accordance with Fontana Municipal Code Chapter 23, Article IX, the Modified Project Applicant would be required to prepare and implement a Storm Water Quality Management Plan (SWQMP), which is a Site-specific post-construction water quality management program designed to minimize the release of potential waterborne pollutants, including pollutants of concern for downstream receiving waters, under longterm conditions via Best Management Practices (BMPs). The SWQMPs for the Project, identify preventive, low impact development BMPs (such as the use of permeable surfaces across the site, catch basin inserts, and an underground retention system), non-structural source control BMPs (such as vacuum sweeping of parking lots and routine maintenance of catch inserts to prevent clogging and maximize removal efficiency), and structural source control BMPs (such as utilizing efficient irrigation systems that minimize overspray), to minimize erosion. The SWQMP also is required to establish a post-construction implementation and maintenance plan to ensure on-going, long-term erosion protection. Compliance with the WQMP will be required as a condition of approval for the Project, as will the long-term maintenance of erosion and sediment control features. Because the Modified Project would be required to utilize erosion and sediment control measures to preclude substantial, long-term soil erosion and loss of topsoil, the Modified Project would result in less-than-significant impacts related to soil erosion. (DEIR, pp. 4.7-12 to 4.7-13)
C. Would the Modified Project be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? (Threshold “c”) Finding: Less-than-Significant Impact
Facts in Support of Finding: The Modified Project Site is relatively flat and the Modified Project does not propose the construction of any manufactured slopes. Accordingly, the Modified Project would result in less-than-significant impacts associated with landslide hazards. (DEIR, p. 4.7- 13)
The geotechnical report prepared for the Modified Project indicates that the Site’s shrinkage/subsidence and settlement potential can be attenuated through the removal of surface and near surface soils down to competent materials and replacement with properly compacted fill with optimum moisture content. The City will condition the Modified Project to comply with the Sitespecific ground preparation and construction recommendations contained in the Project’s geotechnical report. Based on the foregoing, potential impacts related to soil shrinkage/subsidence and collapse would be less-than-significant. (DEIR, p. 4.7-13)
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Findings of Fact and Statement of Overriding Considerations SCH No. 2022110389 23 Lateral spreading is primarily associated with liquefaction hazards. The Modified Project Site is not located within an area of liquefaction susceptibility based on its topography and soil characteristics. Thus, the potential for lateral spreading is low. Accordingly, impacts associated with lateral spreading would be less-than-significant. (DEIR, p. 4.7-13) D. Would the Modified Project be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property? (Threshold “d”)
Finding: No Impact
Facts in Support of Finding: Based on expansion index testing of soil samples, NorCal determined that near surface soils on the Modified Project site have an expansion potential of “nonexpansive.” Accordingly, the Modified Project site does not contain expansive soils and as such, would not create substantial direct or indirect risks to life or property associated with the presence of expansive soils. No impacts would occur. (DEIR, p. 4.7-13) E. Would the Modified Project have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? (Threshold “e”)
Finding: No Impact
Facts in Support of Finding: The Modified Project is designed to connect to the City-owned municipal wastewater conveyance system, with wastewater treatment services supplied by the Inland Empire Utilities Authority (IEUA). The Modified Project does not include septic tanks or alternative wastewater disposal systems. Accordingly, implementation of the Modified Project would result in no impact related to the use of or performance of septic tanks and/or alternative wastewater systems. (DEIR, p. 4.7-14)

2.2.8 Greenhouse Gas Emissions
A. Would the Modified Project conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? (Threshold “b”) Finding: Less-than-Significant Impact
Facts in Support of Finding: Implementation of the Modified Project would not conflict with the State’s ability to achieve the State-wide GHG reduction mandates and would be consistent with applicable policies and plans related to GHG emissions reductions. Implementation of the Modified Project would not actively interfere with any future federally-, State-, or locally-mandated retrofit obligations (such as requirements to use new technologies such as diesel particulate filters, emissions upgrades to a higher tier equipment, etc.) enacted or promulgated to legally require development projects to assist in meeting State-adopted GHG emissions reduction targets, including those established under EO S-3-05, EO B-30-15, or SB 32. Therefore, the Modified Project would not 814
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Findings of Fact and Statement of Overriding Considerations SCH No. 2022110389 24 conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of GHGs and would result in a less than significant impact. (DEIR, p. 4.8-23)

2.2.9 Hazards and Hazardous Materials
A. Would the Modified Project create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? (Threshold “a”) B. Would the Modified Project create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? (Threshold “b”) Finding: Less-than-Significant Impact
Facts in Support of Finding: A Phase I Environmental Site Assessment for the Modified Project Site determined that the Modified Project Site is considered a “low risk” for vapor intrusion. Impacts would be less-than-significant. (DEIR, p. 4.9-10)
Based on the evidence of residential use of the Site since the 1940’s, septic systems were likely used on the Modified Project Site, but it is unknown whether such systems, if used, are present and it cannot be known if they are present beneath the surface of the Site until grading or other excavation activity occurs across the Site. Regardless, since these septic systems would have been associated with residences or small non-hazard users, septic system features, if encountered during Project-related construction activities, would not be considered an environmental concern to the Site or its surroundings. Any septic system found on-site would be required to be removed, handled, and disposed in accordance with all applicable local and State regulations, including but not limited to the California Code of Regulations (CCR) Title 5, Appendix H “Hazardous Materials Management Plans and Hazardous Materials Inventory Statements.” Accordingly, with required and mandatory compliance with regulatory requirements, implementation of the Modified Project would not expose the public or the environment to significant hazards associated with the removal and disposal of the on-site septic systems from the Modified Project Site if they are encountered; impacts would be less-than-significant. (DEIR, pp. 4.9-10 to 4.9-11)
Due to the age of the residential structures located on the Modified Project Site, there is a potential that the existing buildings may contain Asbestos-Containing Materials (ACMs) and/or LeadBased Paints (LBPs). Mandatory compliance with the provisions of Rule 1403 would ensure that construction-related grading, clearing, and demolition activities do not expose construction workers or nearby sensitive receptors to significant health risks associated with ACMs. Because the Project’s demolition and construction contractors would be required to comply with AQMD Rule 1403 during demolition activities, impacts due to asbestos would be less-than-significant. The demolition and construction contractors would also be required to comply with CCR Title 17 (Division 1, Chapter 8), which includes requirements such as employer provided training, air monitoring, protective clothing, respirators, and hand washing facilities. Mandatory compliance with these regulations would ensure that construction workers and the public are not exposed to significant health hazards associated with LBPs during demolition and/or during transport of demolition waste to an appropriate disposal facility, and would ensure that impacts related to LBP remain less-than-significant. (DEIR, p. 4.9-11) 815
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Findings of Fact and Statement of Overriding Considerations SCH No. 2022110389 25 Construction contractors would be required to comply with all applicable federal, State, and local laws and regulations regarding the transport, use, and storage of hazardous construction‐related materials, including but not limited requirements imposed by the EPA, DTSC, and the Santa Ana RWQCB. With mandatory compliance with applicable hazardous materials regulations, the Modified Project would not create significant hazard to the public or the environment through routine transport, use, or disposal of hazardous materials during the construction phase. A less-than-significant impact would occur. (DEIR, p. 4.9-12)
The Modified Project would be required to comply with applicable laws and regulations during long-term operation of the Project. With mandatory regulatory compliance, the Modified Project would not pose a significant hazard to the public or the environment through the routine transport, use, storage, emission, or disposal of hazardous materials, nor would the Modified Project increase the potential for accident conditions which could result in the release of hazardous materials into the environment. Based on the foregoing information, potential hazardous materials impacts associated with long-term operation of the Modified Project are regarded as less-than-significant. (DEIR, p. 4.9- 12)
C. Would the Modified Project emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? (Threshold “c”)
Finding: Less-than-Significant Impact
Facts in Support of Finding: Jurupa Hills High School, Fontana Adult School, and Citrus High School are located within one-quarter mile of the Modified Project Site. Additionally, Citrus Avenue, which is the designated truck route for the Project, is located along the western boundary of the Jurupa Hills High School property; therefore, trucks traveling to/from the Modified Project site would pass by Jurupa Hills High School. Accordingly, the Modified Project has the potential to emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, and/or wastes within onequarter mile of an existing or proposed school. The use of and transport of hazardous substances or materials to-and-from the Modified Project Site during construction and long-term operational activities would be required to comply with applicable federal, State, and local regulations that would preclude substantial public safety hazards. Accordingly, there would be no potential for existing or proposed schools to be exposed to substantial safety hazards associated with emission, handling of, or the routine transport of hazardous substances or materials to-and-from the Modified Project Site and impacts would be less-than-significant. (DEIR, pp. 4.9-12 to 4.9-13) Although impacts would be less-than-significant with compliance to applicable federal, State, and local regulations, MM 4.9-1 is included as a mitigation measure ensure regulatory compliance, which requires the building owners or occupants to provide a Hazardous Materials Business Emergency Plan (HMBEP) (if required by law) 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. Additional mitigation measures are provided to address best practices for construction. Impacts would be less-than-significant. (DEIR, p. 4.9-13) 816
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Findings of Fact and Statement of Overriding Considerations SCH No. 2022110389 26 MM 4.9-1. Prior to the issuance of any new occupancy permit for a use/user within the buildings, and to the extent hazardous materials exist on-site and a Hazardous Materials Business Emergency Plan (HMBEP) is required by law, the Modified 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 Modified Project Site. If so requested, the Modified Project Applicant shall also meet with School District and Fire Department officials to discuss emergency response procedures as contained in the HMBEP for spills or leaks at the Modified 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 Modified Project Site.

MM 4.9-2. Construction sites shall be secure to prevent trespassing. As a requirement of grading permits and building permits, a physical barrier consisting of a fence or wall with a minimum height of seven feet shall be provided along the property lines shared between any area of the Site under construction and Fontana Unified School District property where access between the properties could otherwise easily occur. The Developer/Applicant or construction contractor shall be responsible for installation of the barrier and for keeping the barrier in good repair during the duration of construction activity until the permanent perimeter wall or fence is installed.

MM 4.9-3. As a requirement of grading permits and building permits, vehicles hauling construction materials and supplies to or from the Modified Project Site shall not be permitted to use Oleander Avenue north of the Modified Project Site.

D. Would the Modified Project be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result would it create a significant hazard to the public or the environment? (Threshold “d”) Finding: No Impact
Facts in Support of Finding: The Modified Project Site is not included on any list of hazardous materials sites complied pursuant to Government Code Section 65962.5. Accordingly, no impact would occur. (DEIR, p. 4.9-13)
E. For a Modified Project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the Modified 817
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Findings of Fact and Statement of Overriding Considerations SCH No. 2022110389 27 Project result in a safety hazard or excessive noise for people residing or working in the Modified Project area? (Threshold “e”)
Finding: Less-than-Significant Impact
Facts in Support of Finding: The closest airport to the Modified Project Site is the Ontario International Airport located roughly 7.3 miles to the west. The Modified Project Site is not located within any ONT Safety Zone or Airspace Protection Zone but is located in a noise impact zone (60-65 decibels). The Federal Aviation Administration (FAA) considers noise levels 65 dB CNEL and below to be acceptable for all land uses; therefore, the Modified Project would not expose future employees on the Site to excessive noise levels (Fontana, 2018a, p. 11-9). Impacts would be less-than-significant. (DEIR, pp. 4.9-13 to 4.9-14)
F. Would the Modified Project impair implementation of, or physically interfere with an adopted emergency response plan or emergency evacuation plan? (Threshold “f”) Finding: Less-than-Significant Impact
Facts in Support of Finding: The Modified Project Site does not contain any emergency facilities nor does it serve as an emergency evacuation route. During construction, all materials and equipment would be stored/staged on the Modified Project Site and would not interfere with emergency vehicles traveling along Santa Ana Avenue, Citrus Avenue, or Oleander Avenue. Limited Modified Project construction activities would occur within the Santa Ana Avenue, Citrus Avenue, and Oleander Avenue public right-of-way; however, for any work within the right-of-way that requires a partial or full closure of a vehicle travel lane, the construction contractor would be required to implement a traffic control plan that complies with the California Manual on Uniform Traffic Control Devices and must be approved by the City to ensure that emergency response is not adversely affected. During construction and long-term operation, the proposed Modified Project would be required to maintain adequate emergency access for emergency vehicles. Accordingly, implementation of the Modified Project would not impair implementation of or physically interfere with an adopted emergency response plan or an emergency evacuation plan, and no impact would occur. (DEIR, p. 4.9-14) G. Would the Modified Project expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires? (Threshold “g”) Finding: No Impact
Facts in Support of Finding: The Modified Project Site is not located adjacent to wildlands nor is the Modified Project Site located within or adjacent to a very high fire hazard severity zone.

Accordingly, the Modified Project would not expose people or structures to a significant risk of loss, injury, or death involving wildland fires. No impact would occur. (DEIR, p. 4.9-14)

2.2.10 Hydrology and Water Quality
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Findings of Fact and Statement of Overriding Considerations SCH No. 2022110389 28 A. Would the Modified Project violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality? (Threshold “a”)
Finding: Less-than-Significant Impact
Facts in Support of Finding: The Modified Project Developer/Applicant would be required to comply with Section 402 of the Clean Water Act, which authorizes the NPDES permit program that covers point sources of pollution discharging to a water body. The NPDES program would require the Modified Project Developer/Applicant and/or construction contractor(s) to prepare a SWPPP and obtain authorization to discharge stormwater under an NPDES construction stormwater permit because the Modified Project would result in construction on a site that is larger than one acre. The Modified Project Developer/Applicant also would be required to comply with the California Porter‐Cologne Water Quality Control Act (Section 13000 et seq., of the California Water Code), which requires that comprehensive water quality control plans be developed for all waters within the State of California. (DEIR, p. 4.10-12)
Pursuant to the requirements of the Santa Ana RWQCB and Fontana Municipal Code Chapter 23, Article IX, the Modified Project Developer/Applicant would be required to obtain coverage under the State’s General Construction Storm Water Permit for construction activities (NPDES permit). In addition, the Modified Project Developer/Applicant would be required to comply with the Santa Ana RWQCB’s Santa Ana River Basin Water Quality Control Program. Compliance with the NPDES permit and the Santa Ana River Basin Water Quality Control Program involves the preparation and implementation of a Stormwater Pollution Prevention Plan (SWPPP) for construction-related activities. The SWPPP will specify the Best Management Practices (BMPs) that the Project’s construction contractors would be required to implement during construction activities to ensure that potential pollutants of concern are prevented, minimized, and/or otherwise appropriately treated prior to being discharged from the subject property. Pursuant to Fontana Municipal Code Chapter 9, Article II, the Modified Project Developer/Applicant also would be required to implement an erosion control plan to minimize water- and windborne erosion. Mandatory compliance with the SWPPP and the erosion control plan would ensure that the Project’s construction does not violate any water quality standards or waste discharge requirements. Therefore, water quality impacts associated with construction activities would be less than significant. (DEIR, p. 4.10-12) The Modified Project Developer/Applicant would be required to prepare and implement a Water Quality Management Plan (SWQMP) to demonstrate compliance with the City’s NPDES municipal stormwater permit, and to minimize the release of potential waterborne pollutants, including pollutants of concern for downstream receiving waters. Compliance with the preliminary SWQMPs would be required as a condition of Modified Project approval pursuant to Fontana Municipal Code Chapter 23, Article IX, and long-term maintenance of on-Site BMPs would be required to ensure their long-term effectiveness. Additionally, the NPDES program requires certain land uses, including the industrial land uses proposed by the Project, to prepare a SWPPP for operational activities and to implement a long-term water quality sampling and monitoring program, unless an exemption has been granted. The Project’s mandatory compliance with all applicable water quality regulations would further reduce potential water quality impacts during long-term operation. The Modified Project would 819
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Findings of Fact and Statement of Overriding Considerations SCH No. 2022110389 29 not violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality during long-term operation. Impacts would be less-thansignificant. (DEIR, pp. 4.10-13 to 4.10-14) B. Would the Modified Project substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the Modified Project may impede sustainable groundwater management of the basin? (Threshold “b”) Finding: Less-than-Significant Impact
Facts in Support of Finding: The Modified Project would not utilize wells or any other groundwater extractive activities. Therefore, the Modified Project would not directly draw water from the groundwater basin. Accordingly, implementation of the Modified Project has no potential to substantially deplete or decrease groundwater supplies and the Project’s direct impact to groundwater supplies would be less-than-significant. (DEIR, p. 4.10-14) Development of the Modified Project would increase impervious surface coverage on the Modified Project Site which would, in turn, reduce the amount of water percolating down into the underground aquifer that underlies the Modified Project Site. However, a majority of the groundwater recharge in the Chino Groundwater Basin occurs in the northern and western portions of the Basin (and north and west of the City of Fontana), within percolation or “recharge” basins. The Modified Project Site is located in the eastern portion of the Chino Groundwater Basin and would not physically impact any of the major groundwater recharge facilities in the Basin. Therefore, the Modified Project would not result in substantial, adverse effects to local groundwater levels. Additionally, the Modified Project includes design features that would maximize the percolation of on-site storm water runoff into the groundwater basin, such permeable landscape areas. Accordingly, buildout of the Modified Project with these design features would not interfere substantially with groundwater recharge or impede sustainable groundwater management of the Chino Groundwater Basin. Based on the foregoing information, the Modified Project would not interfere substantially with groundwater recharge. (DEIR, p. 4.10-14)
The Modified Project would not substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the Modified Project would impede sustainable groundwater management of the basin. Impacts would be less-than-significant. (DEIR, p. 4.10-14) C. Would the Modified Project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or through the addition of impervious surfaces, in a manner which would (Threshold “c”):
i. Result in substantial erosion or siltation on or off site? ii. Substantially increase the rate or amount of surface runoff in a manner which would result in flooding on or off site?
iii. Create or contribute runoff which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? 820
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Findings of Fact and Statement of Overriding Considerations SCH No. 2022110389 30 iv. Impede or redirect flood flows?
Finding: Less-than-Significant Impact
Facts in Support of Finding: The Project’s development areas would include the installation of an integrated, on-site system of underground storm drain pipes, catch basins, and an underground infiltration/detention system to capture on-site stormwater runoff flows, convey the runoff across the property, and treat the runoff to minimize the amount of water-borne pollutants carried off site.

Pursuant to the requirements of the State Water Resources Control Board, the Modified Project Developer/Applicant would be required to obtain coverage under the State’s General Construction Storm Water Permit for construction activities (NPDES permit). In addition, the Modified Project would be required to comply with the Santa Ana RWQCB’s Santa Ana River Basin Water Quality Control Program. Compliance with the NPDES permit and the Santa Ana River Basin Water Quality Control Program involves the preparation and implementation of a SWPPP for construction-related activities. Lastly, the Modified Project would be required to implement an erosion and dust control plan pursuant to Fontana Municipal Code Chapter 9, Article II, and also would be required to ensure compliance with SCAQMD Rule 403 to minimize water- and windborne erosion. Mandatory compliance with the SWPPP and the City-required erosion control plan would ensure that the Project’s implementation does not violate any water quality standards or waste discharge requirements during construction activities. Based on the foregoing information, water quality impacts associated with Modified Project construction activities would be less-than-significant. (DEIR, pp. 4.10-14 to 4.10-15) Erosion and Siltation: During operation of the Project, the Modified Project Developer/Applicant would be required to prepare and implement a SWQMP, which is a Site-specific post-construction water quality management program that will be implemented to minimize erosion and siltation, pursuant to Fontana Municipal Code Chapter 23, Article IX. Compliance with the SWQMP is required as a condition of approval for the Project, as will the long-term maintenance of erosion and sediment control features. Because the Modified Project Developer/ Applicant would be required to utilize erosion and sediment control measures to preclude substantial, long-term soil erosion and loss of topsoil, Modified Project operation would result in less-than-significant impacts related to soil erosion and sedimentation. (DEIR, pp. 4.10-15 and 4.10-19) Stormwater Runoff: Construction of the three proposed buildings would substantially reduce the amount of runoff discharged into the existing municipal storm drain system during peak storm events relative to existing conditions. Accordingly, the Modified Project would not create or contribute runoff that would exceed the capacity of any existing storm water drainage system, and impacts would be less-than-significant. (DEIR, p. 4.10-20)
Flood Flows: According to the FEMA FIRM No. 06071C8665H, the Modified Project Site is not located in a special flood hazard area, rather the Site is located in an area outside of the 500-year (0.2% annual chance) floodplain. Accordingly, the Modified Project Site is not expected to be inundated by flood flows during the lifetime of the Modified Project and the Modified Project would not impede flood flows. No impact would occur. (DEIR, p. 4.10-20) 821
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Findings of Fact and Statement of Overriding Considerations SCH No. 2022110389 31 D. Would the Modified Project result in flood hazard, tsunami, or seiche zones, risk release of pollutants due to Modified Project inundation? (Threshold “d”) Finding: No Impact
Facts in Support of Finding: The Pacific Ocean is located over 41 miles southwest of the Modified Project Site; consequently, there is no potential for the Modified Project Site to be impacted by a tsunami as tsunamis typically only reach up to a few miles inland. The Modified Project Site also is not subject to flooding hazards associated with a seiche because the nearest large body of surface water (Prado Reservoir) is located more than 13 miles southwest of the Modified Project Site, which is too far away from the subject property to impact the property with a seiche. Furthermore, as noted in the City of Fontana General Plan EIR, the Modified Project Site is not located within any mapped dam inundation area. Because the Modified Project Site cannot be affected by a tsunami, seiche, or dam inundation, there is no potential for such hazards to inundate the Modified Project Site and cause a release of waterborne pollutants. Accordingly, the Modified Project would not release water pollutants due to inundation. No impact would occur. (DEIR, p. 4.10-20) E. Would the Modified Project conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? (Threshold “e”) Finding: Less-than-Significant Impact
Facts in Support of Finding: Project-related construction and operational activities would be required to comply with the Santa Ana RWQCB’s Santa Ana River Basin Water Quality Control Plan by preparing and adhering to a SWPPP and WQMP. Implementation of the Modified Project would not conflict with or obstruct the Santa Ana River Basin Water Quality Control Plan and impacts would be less-than-significant. (DEIR, p. 4.10-20)
The Modified Project Site is located within the Chino Groundwater Basin, which is an adjudicated groundwater basin. Adjudicated basins, like the Chino Groundwater Basin, are exempt from the 2014 Sustainable Groundwater Management Act (SGMA) because such basins already operate under a court-ordered management plan to ensure the long-term sustainability of the Subbasin.

No component of the Modified Project would obstruct with or prevent implementation of the management plan for the Chino Groundwater Basin. As such, the Project’s construction and operation would not conflict with any sustainable groundwater management plan. Impacts would be less-thansignificant. (DEIR, pp. 4.10-20 to 4.10-21)

2.2.11 Land Use and Planning
A. Would the Modified Project physically divide an established community? (Threshold “a”) Finding: Less-than-Significant Impact
Facts in Support of Finding: Under existing conditions, the Modified Project Site contains residential and associated accessory structures and vacant, undeveloped land. The surrounding area consists of public schools to the north and east (Jurupa Hills High School, Fontana Adult School, and 822
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Findings of Fact and Statement of Overriding Considerations SCH No. 2022110389 32 Citrus High School) beyond which further to the north and east are a mixture of residential neighborhoods, commercial uses, commerce center uses, and Interstate 10. Directly to the north of Jurupa High School are commerce center buildings under construction. (DEIR, p. 4.11-6) Residential development is located to the west of Jurupa Hills High School on the opposite side (west side) of Citrus Avenue, to the east of Jurupa Hills High School, to the north of Fontana Adult School, and to the north and west of Citrus High School. Otherwise, the area is built out with non-residential uses the predominance of which are commerce center buildings. Conversion of the Modified Project site from its existing residential use to commerce center use would continue the pattern of commerce center development along Santa Ana Avenue. Development of the Modified Project would result in Jurupa Hills High School having commerce center development all along its southern and northern boundaries and Fontana Adult School having commerce center development along its southern boundary. However, implementation of the Modified Project would not physically divide a community because the Modified Project Site does not connect the adjacent schools to any residential communities. All of the land uses south of the Modified Project Site and along Santa Ana Avenue are commerce center buildings. The residential uses to the northwest are physically separated from the Modified Project Site by Citrus Avenue, a designated truck route. This residential area is surrounded by commercial and industrial development to the north, south, and west, and by Jurupa Hills High School to the east. (DEIR, pp. 4.11-6 to 4.11-7) The Modified Project would continue the pattern of development that has already occurred along Santa Ana Avenue, with commerce center development to the south and west. The area to the west contains the I-10 Citrus Distribution Center and the area to the south contains the Citrus Commerce Center with businesses including Goodman, Wolf, Subzero, and Cove. The Modified Project would not involve the reconfiguration of streets that could have the potential to alter the surrounding pattern of future development. Therefore, implementation of the Modified Project would not physically divide any existing, surrounding community and impacts would be less-than-significant. (DEIR, p. 4.11-7)
B. Would the Modified Project cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? (Threshold “b”)
Finding: Less-than-Significant Impact
Facts in Support of Finding: Implementation of the Modified Project would require a General Plan Amendment to change the land use designation of the Modified Project Site from “Residential Planned Community (R-PC)” and “Multi-Family Medium/High Residential (R-MFMH)” to “General Industrial (I-G).” Nonetheless, the Modified Project would be consistent with applicable General Plan goals and policies related to environmental effects. (DEIR, p. 4.11-7) A Specific Plan Amendment has been requested for the Modified Project (SPA No. 22-002) which would amend the Southwest Industrial Park (SWIP) Specific Plan Land Use Plan to expand the SWIP boundary to include the Modified Project Site. The Modified Project Site would be incorporated into the SWIP’s Slover East Industrial District (SED). The SPA would amend the City of Fontana 823
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Findings of Fact and Statement of Overriding Considerations SCH No. 2022110389 33 Zoning District Map to change the zoning classification of the Modified Project Site from “Residential Planned Community (R-PC)” and “Multiple-Family Medium/High Density Residential (R-4)” to “Southwest Industrial Park (SWIP) Specific Plan.” Approval of the requested SPA would eliminate any potential inconsistency between the proposed Modified Project and the site’s underlying zoning classifications. The Modified Project would not conflict with any development regulations and design standards in the Zoning Ordinance pertaining to the SWIP Specific Plan, and there are no components of the Project’s proposed SPA that would result in impacts not already evaluated and disclosed by the EIR. Impacts would be less-than-significant. (DEIR, p. 4.11-14) The Modified Project would not conflict with the adopted goals of the RTP/SCS. The Modified Project would not result in any land use and planning conflicts with the 2020 SCS/RTP. (DEIR, p.

4.11-14)
Implementation of the Modified Project would not result in or cause NAAQS or CAAQS violations because construction of the Modified Project would not exceed the SCAQMD regional threshold for VOC emissions. Although the Modified Project proposes to change the General Plan land use designation to General Industrial (I-G) and the zoning designation to Southwest Industrial Park (SWIP) Specific Plan, the Modified Project on an individual bases does not have an impact and as such, would not conflict with the goals and objectives of the AQMP. The Modified Project is therefore, considered to be consistent with the AQMP and impacts would be less than significant. (DEIR, p. 4.11- 16)
None of the intersections in the Modified Project study area are part of the San Bernardino CMP roadway network, therefore, the Modified Project would not result in a substantial environmental impact due to a conflict with the San Bernardino County CMP LOS standards for the CMP arterial roadway and freeway network. Land use and planning impacts associated with CMP consistency would thus be less than significant. (DEIR, p. 4.11-16)

2.2.12 Mineral Resources
A. Would the Modified Project result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the State? (Threshold “a”) Would the Modified Project result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? (Threshold “b”)
Finding: No Impact
Facts in Support of Finding: The Modified Project Site is not located within an area known to be underlain by regionally- or locally-important mineral resources or within an area that has the potential to be underlain by regionally- or locally-important mineral resources. Accordingly, implementation of the proposed Modified Project would not result in the loss of availability of a known mineral resource that would be of value to the region or the residents of the State of California. No impact would occur. (DEIR, p. 4.12-2)
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Findings of Fact and Statement of Overriding Considerations SCH No. 2022110389 34 2.2.13 Noise
A. Would the Modified Project result in generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the Modified Project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? (Threshold “a”)
Finding: Less-than-Significant Impact
Facts in Support of Finding: The facts presented below evaluate three components of the Modified Project that would generate noise – the construction process, on-site operational activities, and off-site traffic.

Modified Project Construction Noise: Project-related construction noise would create temporary periods of noise when heavy construction equipment (i.e., bulldozer, trucks, concrete mixer, portable generators, power tools) is in operation and would cause a short-term increase in ambient noise levels. Project-related construction activities are expected to occur on weekdays (and, potentially, on Saturdays) during the hours when the City’s Municipal Code does not limit construction noise (i.e., between the hours of 7:00 a.m. and 6:00 p.m. on weekdays and between the hours of 8:00 a.m. and 5:00 p.m. on Saturdays). Accordingly, during these hours the Modified Project construction noise levels would not exceed the standards established by the City and impacts would be less than significant. At all receiver locations, the Project’s nighttime concrete pouring noise levels would not exceed the standards established by the City and impacts would be less than significant. (DEIR, pp.

4.13-15 to 4.13-16)
On-Site Operational Noise: Modified Project operations will satisfy the City of Fontana 70 dBA Leq daytime and 65 dBA Leq nighttime exterior noise level standards at the nearest receiver locations. Furthermore, Modified Project operations are not expected to generate a substantial daytime or nighttime noise level increase at the nearest receiver locations. Accordingly, the Project’s stationary noise impact would be less than significant. (DEIR, p. 4.13-17) Off-Site Traffic Noise: Under EP traffic conditions, Project-related traffic would contribute a maximum of 1.5 dBA CNEL to roadways in the vicinity of the Modified Project Site. This incremental noise increase would not exceed the applicable significance thresholds under the EP scenarios; therefore, the Projects’ contribution to off-site traffic noise would not result in a substantial permanent increase in ambient noise levels. Impacts would be less than significant. (DEIR, p. 4.13-19) Under Opening Year plus Cumulative traffic conditions, Project-related traffic would contribute a maximum of 1.4 dBA CNEL to roadways in the vicinity of the Modified Project Site. This incremental noise increase would not exceed the applicable significance thresholds; therefore, the Projects’ contribution to off-site traffic noise would not result in a substantial permanent increase in ambient noise levels. Impacts would be less than significant. (DEIR, p. 4.13-20) Under Horizon Year plus Modified Project traffic conditions, Project-related traffic would contribute a maximum of 1.3 dBA CNEL to roadways in the vicinity of the Modified Project Site. This incremental noise increase would not exceed the applicable significance thresholds; therefore, the 825
Citrus and Oleander Avenue at Santa Ana Avenue Project
Findings of Fact and Statement of Overriding Considerations SCH No. 2022110389 35 Projects’ contribution to off-site traffic noise would not result in a substantial permanent increase in ambient noise levels. Impacts would be less than significant. (DEIR, p. 4.13-20) B. For a Modified Project located within the vicinity of a private airstrip or an airport land use plan, or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the Modified Project expose people residing or working in the Modified Project area to excessive noise levels? (Threshold “c”) Finding: Less-than-Significant Impact
Facts in Support of Finding: The Modified Project site is located within the ONT Noise Impact Zone (60 to 65 dBA CNEL noise contour). Pursuant to ONT ALUCP, all industrial land uses – including the logistics warehouse buildings proposed by the Modified Project – are suitable within the 60 to 65 dBA CNEL noise contour with no sound attenuation needed. Accordingly, the Modified Project would be a compatible use within the ONT Noise Impact Zone (60 to 65 dBA CNEL noise contour) and operation of the Modified Project would not expose people working on the Modified Project site to excessive noise levels. The Project’s impact would be less than significant. (DEIR, p.

4.13-22)

2.2.14 Population and Housing
A. Would the Modified Project induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? (Threshold “a”) Finding: Less-than-Significant Impact
Facts in Support of Finding: The Modified Project would employ construction workers in various trades over the estimated 18-month construction phase. Long-term employment estimates were calculated using average employment density factors from Southern California Association of Governments’ (SCAG’s) “Employment Density Study.” SCAG reports that commerce center buildings in San Bernardino County employ an average of one (1) worker for every 1,195 s.f. of building area, which would yield 445 jobs (532,104 s.f. ÷ 1,195 s.f./employee = 445 employees) for proposed Buildings 1, 2, and 3. Although no development is currently proposed on 5.0 acres of the Modified Project Site, should those 5.0 acres be developed in the future with up to 131,464 s.f. of building space, an additional 110 jobs could be generated (131,464 s.f. ÷ 1,195 s.f./employee = 110 employees). (DEIR, p. 4.14-4)
According to the Bureau of Labor Statistics (BLS), in December 2021, the Riverside-San Bernardino-Ontario region’s civilian labor force exceeded 2,121,300 persons with 2,012,500 people employed and an unemployment rate of 5.1% (or 108,800 persons). Accordingly, the region has an ample supply of potential employees to fill the 445 to 555 jobs anticipated to be generated by the Project. The Project’s labor demand is not expected to draw substantial numbers of new, unplanned residents to the area. Furthermore, based on the most recent available data, approximately 90% of City of Fontana residents commute outside of the City for work and more housing units are expected to be built within the City over the next 20+ years; the Modified Project would provide job opportunities 826
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Findings of Fact and Statement of Overriding Considerations SCH No. 2022110389 36 closer to home for existing and future residents in the nearby area, which would subsequently help achieve a better job-to-housing balance. Based on the foregoing, the Modified Project is not expected to be a catalyst for any substantial, unplanned population increase. (DEIR, p. 4.14-5) To comply with SB 330, the Modified Project would comply with the City of Fontana Municipal Code Chapter 30 Article XV “No Net Loss Density Bonus/Replacement Program,” which was approved by the Fontana City Council via Ordinance No. 1906 on October 25, 2022. Containing approximately 19.6 acres of R-PC designated property and 9.8 acres of R-MFMH designated property, up to 125 dwelling units are permitted on the R-PC designated property and up to 382 dwelling units are permitted on the R-MFMH designated property for a total of 507 multi-family residential units on the Modified Project Site. This housing unit capacity would be made available to other properties under the No Net Loss Density Bonus/Replacement Program. (DEIR, p. 4.14-6)
B. Would the Modified Project displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere? (Threshold “b”) Finding: Less-than-Significant Impact
Facts in Support of Finding: The Modified Project Site contains eight residences under existing conditions, and implementation of the Modified Project would remove these structures from the Modified Project Site. Upon implementation of the Project, the current owners would sell their properties to the Modified Project Applicant, self-relocate using proceeds from the sale at their discretion, and the structures on the Modified Project Site would be removed. Displacement of seven people from the Modified Project Site that would financially benefit from the sale of their properties does not constitute the displacement of substantial numbers of people. The removal of these structures from the Modified Project Site would not substantially affect the supply of readily available housing units in the City. Therefore, implementation of the Modified Project would not displace a substantial number of existing people or housing and would not necessitate the construction of replacement housing elsewhere. (DEIR, p. 4.14-6)

2.2.15 Public Services
A. Would the Modified Project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for Fire Protection Services (Threshold “a”) Finding: Less-than-Significant Impact
Facts in Support of Finding: The construction and operation of the Modified Project would increase the demand for fire protection by introducing three buildings on the Modified Project Site.

The introductions of buildings on the Modified Project Site is not anticipated to result in an increase in demand for fire protection services high enough to trigger the need to physically construct new fire protection facilities because Station 77 already exists near the Site which provides paramedic and fire services. Additionally, the Modified Project would incorporate fire prevention and fire suppression 827
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Findings of Fact and Statement of Overriding Considerations SCH No. 2022110389 37 design features to minimize the potential demand placed on the FFPD. The proposed buildings would be of concrete tilt-up construction. Concrete is non-flammable and concrete tilt-up buildings have a lower fire hazard risk than typical wood-frame construction. The Modified Project would also install fire hydrants on the sites. Lastly, the proposed commerce center buildings would feature a fire alarm system and ceiling-mounted sprinklers. (DEIR, pp. 4.15-5 to 4.15-6) Although the Modified Project would not result in the need for new or expanded fire protection facilities, as a standard condition of approval, the Modified Project Applicant would be required to pay impact fees for fire protection services in accordance with Section 21-122 of the Fontana Municipal Code. The City will collect Development Impact Fees (DIF) for the Modified Project based on building square footage. The Project’s payment of DIF fees, as well as increased property tax revenues that would result from development of the Project, would be used by the City to help pay for fire protection services and other public services. Based on the foregoing, the proposed Modified Project would receive adequate fire protection service and would not result in the need for new or physically altered fire protection facilities. (DEIR, p. 4.15-6)
B. Would the Modified Project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for Police Protection (Threshold “b”)
Finding: Less-than-Significant Impact
Facts in Support of Finding: The Modified Project would introduce three new commerce center buildings to the Modified Project Site, along with employees and visitors to the Modified Project Site.

This would result in an incremental increase in demand for police protection services. The Modified Project is not anticipated to generate crime nor would the Modified Project precipitate crime which would necessitate the construction of new or physically altered police facilities. Additionally, and pursuant to City of Fontana Municipal Code Section 21-122, the Modified Project would be subject to payment of DIF fees, which the City uses in part to fund police protection services. Furthermore, property tax revenues generated from development of the Modified Project Site would provide funding to offset potential increases in the demand for police services at Modified Project build-out. The City of Fontana uses DIF fees and property tax revenues to help pay for police protection needs and other public services. Because Modified Project implementation would not result in or require new or expanded police protection facilities and because the Modified Project is required to contribute appropriate DIF fees to offset the Project’s increased demand for police protection services, the Project’s impacts to police protection services would be less-than-significant. (DEIR, pp. 4.15-6 to

4.15-7)
C. Would the Modified Project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for School Services (Threshold “c”)
828
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Findings of Fact and Statement of Overriding Considerations SCH No. 2022110389 38 Finding: Less-than-Significant Impact
Facts in Support of Finding: The Modified Project does not include residential land uses and would not directly introduce new school-age children within the Fontana Unified School District (FUSD) boundaries. Furthermore, the Modified Project is not expected to draw a substantial number of new residents to the surrounding area as the result of unplanned population or housing growth and would not, therefore, indirectly increase unplanned enrollment at FUSD schools. Because the Modified Project would not directly generate students and is not expected to indirectly draw students to the area, the Modified Project would not cause or contribute to a need to construct new or physically altered public school facilities. Although the Modified Project would not create a direct demand for public school services, the Modified Project Applicant would be required to contribute development impact fees to the FUSD in compliance with the Leroy F. Greene School Facilities Act of 1998, which allows school districts to collect fees from new developments to offset the costs associated with increasing school capacity needs. Mandatory payment of school fees would be required prior to the issuance of building permits. Impacts to FUSD schools would be less-than-significant. (DEIR, p. 4.15-7) D. Would the Modified Project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for Library Services (Threshold “d”)
Finding: No Impact
Facts in Support of Finding: The Modified Project does not include any residential land uses and would not directly create a demand for public library facilities or directly result in the need to modify existing or construct new library buildings. Demand placed on libraries is based on the generation of a resident population associated with a person’s place of residence, and not typically their place of employment. The Modified Project would not result in an increase in the City’s population and would therefore not directly result in an increased demand for library facilities. (DEIR, p. 4.15-7)
E. Would the Modified Project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for Other Public Services (Threshold “e”)
Finding: Less-than-Significant Impact
Facts in Support of Finding: The Modified Project does not include any residential land uses and, therefore, it is not anticipated that the proposed Modified Project would result in a substantial increase in demand for public and/or private health care facilities. Nonetheless, the Modified Project could result in an incremental increase in demand for health services associated with the Project’s addition of employees in the area. Existing public health facilities would accommodate nominal 829
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Findings of Fact and Statement of Overriding Considerations SCH No. 2022110389 39 increases in demand, such as demand from the Project. Modified Project implementation would not result in or require the physical construction, expansion, or alteration of public health facilities. (DEIR, p. 4.15-8)

2.2.16 Recreation
A. Would the Modified Project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? (Threshold “a”)
Finding: No Impact
Facts in Support of Finding: The Modified Project includes the proposed development of 24.2 acres of the 29.2-acre Modified Project Site with three commerce center buildings and the reasonably foreseeable development of the remaining 5.0 acres with a similar use. The Modified Project does not propose any residential development or other land use that may generate a population that would increase the use of existing parks or other recreational facilities. Accordingly, implementation of the proposed Modified Project would not result in the increased use or substantial physical deterioration of an existing neighborhood or regional park. (DEIR, p. 4.16-3) B. Does the Modified Project include recreational facilities or require the construction of or expansion of recreational facilities which might have an adverse physical effect on the environment? (Threshold “b”)
Finding: No Impact
Facts in Support of Finding: No on- or off-site recreation facilities would be constructed as part of the Project. Therefore, environmental effects related to the construction or expansion of recreational facilities would not occur. (DEIR, p. 4.16-4)

2.2.17 Transportation
A. Would the Modified Project substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? (Threshold “c”)
Finding: Less-than-Significant Impact
Facts in Support of Finding: The types of traffic generated during operation of the Modified Project (i.e., passenger cars and trucks) would be compatible with the type of traffic observed along adjacent roadways under existing conditions. All proposed improvements within the public right-ofway would be installed in conformance with City design standards. Modified Project construction activities that would occur in the public right-of-way and that could temporarily require the partial or a travel lane is required to adhere to the applicable construction control practices that are specified in the State of California Department of Transportation Construction Manual and the California Manual on Uniform Traffic Control Devices, to minimize potential safety hazards. Based on the foregoing 830
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Findings of Fact and Statement of Overriding Considerations SCH No. 2022110389 40 information, the Project’s construction and operation would not create or substantially increase safety hazards due to a design feature or incompatible use. (DEIR, p. 4.17-12) 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. (DEIR, p. 4.17-14) 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 Modified Project Site.

MM 4.17-3. The Modified Project Developer/Applicant and all successors in interest shall install and maintain signs at the Modified 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.

B. Would the Modified Project result in inadequate emergency access? (Threshold “d”) Finding: No Impact
Facts in Support of Finding: The types of vehicular traffic generated during operation of the Modified Project (i.e., passenger cars and trucks) would be compatible with the type of traffic observed along surrounding roadways under existing conditions. In addition, all proposed improvements within the public right-of-way would be installed in conformance with City design standards. The City reviewed the Project’s site plan drawings and determined that no hazardous transportation design features would be introduced through implementation of the Project. Specifically, all Modified Project construction materials and equipment would be stored/staged on the Modified Project Site and would not interfere with emergency vehicles traveling along Citrus Avenue, Santa Ana Avenue, or Oleander Avenue. Any Modified Project construction activities that would occur within the Citrus Avenue, Santa Ana Avenue, or Oleander Avenue public right-of-way and requires a partial or full closure of a vehicle travel lane would require a traffic control plan that complies with the California Manual on Uniform Traffic Control Devices and that must be approved by the City of Fontana to ensure that emergency response is not adversely affected. Accordingly, the Projects’ construction and operation would not create or substantially increase safety hazards due to a design feature or incompatible use. (DEIR, p.

4.17-12)

2.2.18 Utilities and Services Systems
A. Would the Modified Project require or result in the relocation or construction of new or expanded water, wastewater treatment or stormwater drainage, electric power, natural gas, or telecommunications facilities, the construction of which could cause significant environmental effects? (Threshold “a”)
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Findings of Fact and Statement of Overriding Considerations SCH No. 2022110389 41 Finding: Less-than-Significant Impact
Facts in Support of Finding: The facts presented below address the Project’s potential to require or result in the relocation or construction of new or expanded water, wastewater treatment or stormwater drainage, electric power, natural gas, or telecommunications facilities.

Water and Water Treatment Facilities: Water demand features associated with the proposed Modified Project would consist of interior plumbing devices, outdoor landscape irrigation, and potentially various industrial process systems depending on the buildings’ end users. Water service would be provided to the Modified Project Site by FWC. (DEIR, p. 4.19-9) Building 1 would join the existing 12-inch water main along Citrus Avenue. Buildings 2 and 3 would each connect to the existing 18-inch water main along Santa Ana Avenue via proposed 3-inch water lines. Future development on the 5.0 acres that is not part of the currently proposed development plans is expected to connect to the water main along Santa Ana Avenue. The Modified Project would not require the relocation or upsizing of any existing water lines off-site. The installation of onsite water lines that connect to the Citrus Avenue and Santa Ana Avenue lines are an inherent part of the Project’s construction processes. All water utility installation work that occurs within a public street right of way must adhere to the construction control practices that reduce impacts that are specified in the State of California Department of Transportation Construction Manual, dated February 2022, published by Caltrans. There are no unique impacts associated with the installation of water infrastructure to serve the Project, and impacts would be less than significant. (DEIR, pp. 4.19-9 to

4.10-10)
While the Modified Project would result in an incremental increase in demand for water treatment capacity, the Project’s water demands would not result in or require new or expanded water treatment facilities beyond those facilities already planned as part of the San Gabriel Valley Water Company’s Fontana Water Company Division 2020 Urban Water Management Plan (UWMP).

Impacts unique to the installation of water infrastructure would be less than significant. (DEIR, p. 4.19- 10)
Wastewater and Wastewater Treatment Facilities: Sewer demand features associated with the proposed Modified Project include interior plumbing devices in the proposed commerce center buildings. (DEIR, p. 4.19-10)
Buildings 1, 2, and 3 would each connect to the existing 8-inch sewer line installed along Santa Ana Avenue via proposed 6-inch sewer lines. Future development on the 5.0 acres that is not part of the currently proposed development plans also is expected to connect to the sewer line installed along Santa Ana Avenue. The Modified Project would not require the relocation or upsizing of any existing sewer lines off-site. All wastewater utility installation work that occurs within a public street right of way must adhere to the construction control practices that reduce impacts that are specified in the State of California Department of Transportation Construction Manual, dated February 2022, published by Caltrans. There are no unique impacts associated with the installation of wastewater infrastructure to serve the Project, and impacts would be less than significant. (DEIR, p. 4.19-10) 832
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Findings of Fact and Statement of Overriding Considerations SCH No. 2022110389 42 The Project’s wastewater would be conveyed to the RP-4 wastewater treatment facility operated by the IEUA, which has a treatment capacity of approximately 14 million gallons of wastewater per day but, under existing conditions, only treats, on average, approximately 10 million gallons of wastewater per day. The excess capacity for RP-4 is approximately 4 million gallons per day, and sufficient to treat the Project’s wastewater which would only comprise a small fraction of the available capacity. (DEIR, p. 4.19-10)
Stormwater Drainage Facilities: All storm water infrastructure installation work that occurs within a public street right of way must adhere to the construction control practices that reduce impacts that are specified in the State of California Department of Transportation Construction Manual, dated February 2022, published by Caltrans. There are no unique impacts associated with the installation of stormwater drainage infrastructure to serve the Project, and impacts would be less-than-significant. (DEIR, pp. 4.19-11 to 4.19-12)
Dry Utilities: Under existing conditions, overhead electrical lines supported on wooden poles are located along the frontage of the Modified Project Site with Citrus Avenue, Santa Ana Avenue, and Oleander Avenue. As part of the Project’s development, these lines would be relocated underground along the frontages of the Modified Project Site. Other dry utility lines are available in the Santa Ana Avenue right-of-way, to which the Modified Project would make connections during the construction phase. All electric line undergrounding and other dry utility installation work that occurs within a public street right of way must adhere to the construction control practices that reduce impacts that are specified in the State of California Department of Transportation Construction Manual, dated February 2022, published by Caltrans. There are no unique impacts associated with the installation of dry utilities to serve the Modified Project (DEIR, p. 4.19-12) B. Would sufficient water supplies be available to serve the Modified Project and reasonably foreseeable future development during normal, dry, and multiple dry years? (Threshold “b”) Finding: Less-than-Significant Impact
Facts in Support of Finding: The San Gabriel Valley Water Company Fontana Water Company (FWC) Division would provide potable water service to the Project. The FWC UWMB reports that during five-year drought conditions beginning in 2021, FWC’s supplies are projected to be adequate to meet projected demands, even without water conservation, and water conservation is expected, thereby reducing FWC’s reliance on the Chino Basin supply. The FWC UWMP also reports that water demands in the FWC water service area are expected to increase but represent a more than 10 percent decrease in the 2040 projected water demand from FWC’s prior 2015 UWMP due to water conservation efforts. Because the Modified Project involves a General Plan Amendment, the Modified Project would be inconsistent with the growth assumptions used by FWC to calculate its future water service obligations. Using a water use rate of 2,200 gallons per day (gpd) per acre derived from recorded water use data in industrial/commercial areas within FWC’s service area, the Modified Project would generate an estimated water demand of 53,240 gallons per day (24.2 acres x 2,200 gpd = 53,240 gpd), or 59.6 AFY. In comparison to FWC’s total projected 2024 water demand of 48,943 AFY, the Project’ demand would be only approximately one-tenth of one percent (0.12%) of the total 833
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Findings of Fact and Statement of Overriding Considerations SCH No. 2022110389 43 demand, and a minor increase in overall water supply demand across FWC’s service area resulting in less than significant impacts on water supply. (DEIR, pp. 4.19-12 to 4.19-13) C. Would the Modified Project result in a determination by the wastewater treatment provider which serves or may serve the Modified Project determined that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? (Threshold “c”)
Finding: Less-than-Significant Impact
Facts in Support of Finding: Wastewater generated by the Modified Project would be treated at IEUA’s RP-4 wastewater treatment plants. Under existing conditions, RP-4 has an excess treatment capacity of approximately 4 million gallons per day, while Modified Project operations are conservatively estimated to generate approximately 53,240 of wastewater per day. Accordingly, implementation of the Modified Project would utilize approximately 1.3% of the excess treatment capacity at RP-4. Accordingly, RP-4 has sufficient excess capacity to treat wastewater generated by the Modified Project in addition to existing commitments. Implementation of the Modified Project would not create the need for any new or expanded wastewater facility. Because there is adequate capacity at existing treatment facilities to serve Modified Project demands, impacts would be less than significant, and mitigation is not required. (DEIR, p. 4.19-13) D. Would the Modified Project generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? (Threshold “d”)
Finding: Less-than-Significant Impact
Facts in Support of Finding: The facts presented below address the Project’s solid waste generation.

Construction Waste: During construction of the Project, demolition material would be generated from removal of existing residential structures and associated accessory structures located on the Modified Project Site. Waste also would be generated by the construction process on the Modified Project Site, primarily comprising discarded materials and packaging. Based on the proposed building sizes of 150,538 s.f. (Building 1), 188,104 s.f. (Building 2), and 193,462 s.f. (Building 3), for a total building space of 532,104 s.f., and using a construction waste generation factor of 4.34 pounds per square foot, approximately 1,154.6 tons of waste would be generated over the course of Modified Project construction ([532,104 sq. ft. × 4.34 lbs/sq. ft] ÷ 2,000 lbs/ton = 1,154.6 tons). AB 939 requires that a minimum of 50% of all solid waste be diverted from landfills (by recycling, reusing, and other waste reduction strategies) consistent with the State’s solid waste reduction goals; therefore, the Modified Project is estimated to generate up to 577.3 tons of construction waste requiring disposal at a landfill.

The Project’s construction would occur over a period of approximately 18 months (540 days), which corresponds to approximately 1.1 tons of construction waste being generated per day of 834
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Findings of Fact and Statement of Overriding Considerations SCH No. 2022110389 44 construction activity. As of 2019, the Mid-Valley Landfill’s peak daily disposal was 5,330 tons, which represents 71% of the maximum daily capacity with 29% capacity available. The Project’s estimated construction-related generated waste represents approximately 0.01% ([1.1 tons ÷ 7,500 tons] × 100 = ~ 0.01%) of Mid-Valley Landfill’s maximum daily capacity. Thus, the small volume of solid waste generated during Modified Project construction (1.1 tons per day) would neither exceed State or local disposal standards nor exceed the local infrastructure capacity to handle the waste disposal; therefore, impacts to landfill capacity associated with near-term Modified Project construction activities would be less-than-significant. (DEIR, pp. 4.19-13 to 4.19-14) Operational Waste: Based on a daily waste generation factor of 1.42 pounds of waste per 100 square feet of commerce center building area, long-term operation of the Modified Project would generate approximately 3.78 tons of solid waste per day ([532,104 sq. ft. × 1.42 lbs/ 100 sq. ft] ÷ 2,000 lbs/ton = 3.78 tons). A minimum of 50% of all solid waste would be required to be recycled pursuant to AB 939, consistent with the State’s solid waste reduction goals; therefore, Modified Project operation would generate up to approximately 1.89 tons per day of solid waste requiring disposal at a landfill. As of February 2019, the Mid-Valley Landfill’s peak daily disposal was 5,330 tons, which represents 71% of the maximum daily capacity with 29% capacity available. The projected estimated operation-related generated waste represents approximately 0.03% ([1.89 tons ÷ 7,500 tons] × 100 = ~

0.03%) of Mid-Valley Landfill’s maximum daily capacity. Thus, the small volume of solid waste expected to be generated during Modified Project operation (3.78 tons per day) would neither exceed State or local disposal standards nor exceed the local infrastructure capacity to handle the waste disposal; therefore, impacts to landfill capacity associated with long-term Modified Project operational activities would be less-than-significant. (DEIR, p. 4.19-14) E. Would the Modified Project comply with federal, State, and local management and reduction statutes and regulations related to solid waste? (Threshold “e”) Finding: Less-than-Significant Impact
Facts in Support of Finding: In order to assist the City of Fontana in achieving the mandated goals of the Integrated Waste Management Act, and pursuant to City of Fontana Municipal Code Chapter 24, the Project’s building occupant(s) would be required to work with future refuse haulers to develop and implement feasible waste reduction programs, including source reduction, recycling, and composting. Additionally, in accordance with the California Solid Waste Reuse and Recycling Act of 1991 (Cal Pub Res. Code Section 42911), the Modified Project is required to provide adequate areas for collecting and loading recyclable materials where solid waste is collected. The collection areas are required to be shown on construction drawings and be in place before occupancy permits are issued.

Further, in compliance with AB 341 (Mandatory Commercial Recycling Program), the future occupant(s) of the proposed Modified Project would be required to arrange for recycling services, if the occupant generates four (4) or more cubic yards of solid waste per week. The implementation of these mandatory requirements would reduce the amount of solid waste generated by the Modified Project and diverted to landfills, which in turn will aid in the extension of the life of affected disposal sites. The Modified Project would be required to comply with all applicable solid waste statutes and regulations; as such, impacts related to solid waste statutes and regulations would be less-thansignificant. (DEIR, pp. 4.19-14 to 4.19-15) 835
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Findings of Fact and Statement of Overriding Considerations SCH No. 2022110389 45 2.2.19 Wildfire
A. Would the Modified Project substantially impair an adopted emergency response plan or emergency evacuation plan? (Threshold “a”)
Finding: Less-than-Significant Impact
Facts in Support of Finding: The Modified Project Site does not contain any emergency facilities nor is it physically part of an emergency evacuation route. As part of the discretionary review process, the City reviewed the Project’s application materials to ensure that appropriate emergency ingress and egress would be available to and from the Modified Project Site and that circulation on the Modified Project Site would be adequate for emergency vehicles. The development of Modified Project as proposed would introduce one driveway access point along Citrus Avenue, three driveway access points along Santa Ana Avenue, and three driveway access points along Oleander Avenue. In the event of a wildfire emergency, emergency personnel are trained to direct vehicle traffic along the street system and designated evacuation routes to ensure safe and efficient evacuations. There are no components of the Modified Project that would substantially impair an emergency response plan.

Accordingly, implementation of the proposed Modified 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-than-significant. (DEIR, pp. 4.20-5 to 4.20-6) B. Would the Modified Project due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose Modified Project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? (Threshold “b”) Finding: Less-than-Significant Impact
Facts in Support of Finding: The Modified Project Site and areas surrounding the Modified Project Site are not in an area identified as being subject to wildfires. The areas surrounding the Modified Project Site are fully developed with limited non-irrigated vegetative fuel. North of the Modified Project Site is Jurupa Hills High School and the Fontana Adult School, which have paved parking areas and baseball/softball fields adjacent to the Modified Project Site. While the baseball/softball fields are open areas, they are regularly mowed and maintained. Similarly, to the east of the Modified Project Site is baseball/softball fields that are regularly mowed and maintained. South and east of the Modified Project Site is fully developed with commercial/industrial uses. The development of the Modified Project Site as proposed would reduce the risk of wildfire by transforming the property partially developed with residential housing and associated accessory structures into a developed property complete with irrigated landscaping, paving, and fire sprinkler systems in the buildings. Impacts would be less-than-significant. (DEIR, p. 4.20-6) Under existing conditions, the Modified Project Site is classified for residential land uses.

According to the City’s LHMP (2017) residential structures are the least fire resistive in their construction and the population groups that inhabit them are the least prepared to evacuate in a largescale wildfire event. The Modified Project Applicant is proposing a General Plan Amendment and Specific Plan Amendment to redesignate the property from planned residential use to general industrial 836
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Findings of Fact and Statement of Overriding Considerations SCH No. 2022110389 46 designations to allow for construction of the three commerce center buildings that are proposed. The commerce center buildings are proposed to be constructed with concrete tilt-up walls, and concrete is very fire resistant compared to what would occur if the Modified Project Site was developed with residential housing. As such, the proposed Modified Project would reduce fire risk on the Modified Project Site. Due to the Modified Project Site’s location in context to surrounding development, and the Project’s construction type of commerce center buildings with concrete tilt-up construction that would be built in compliance with all applicable Building and Fire Codes, and include irrigated landscaping, fire protection systems, and interior sprinkler systems, there is no reasonable potential that the Modified Project would expose the Modified Project Sites’ occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire. (DEIR, p. 4.20-6) C. Would the Modified Project require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? (Threshold “c”)
Finding: Less-than-Significant Impact
Facts in Support of Finding: The Modified Project entails the construction and operation of three concrete tilt-up dock high commerce center buildings. Building 1 would be a maximum of 150,538 s.f., Building 2 would be a maximum of 188,104 s.f., and Building 3 would be a maximum of 193,462 s.f. (for a collective total of 532,104 s.f. of total building area at full buildout). Associated site improvements for the Modified Project would include drive aisles, irrigated landscaping, utility infrastructure, exterior lighting, and signage. No components of the Modified Project would trigger the installation or maintenance of offsite infrastructure or wildfire management features that could result in exacerbated fire risks. (DEIR, p. 4.20-7)
D. Would the Modified Project expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? (Threshold “d”)
Finding: Less-than-Significant Impact
Facts in Support of Finding: Should the Modified Project Site ever be affected by wildfire, there is no potential that the Modified Project Site could affect other properties by induced flooding, slope instability, or landslides. Under existing and proposed conditions, the Modified Project Site exhibits little topographic variation, and development on the Modified Project Site as proposed would not involve any uses containing natural vegetation or other features subject to wildland fire hazards that could cause flooding or landslides. (DEIR, p. 4.20-7) The areas surrounding the Modified Project Site is fully developed. North of the Modified Project Site is Jurupa Hills High School and the Fontana Adult School, which have paved parking areas and baseball/softball fields adjacent to the Modified Project Site. While the baseball/softball fields are open areas, they are regularly mowed and maintained. Similarly, to the east of the Modified Project Site is baseball/softball fields that are regularly mowed and maintained. South and east of the Modified 837
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Findings of Fact and Statement of Overriding Considerations SCH No. 2022110389 47 Project Site is fully developed with commercial/industrial uses. The development of the Modified Project Site as proposed would reduce the risk of wildfire by transforming the property partially developed with residential housing and associated accessory structures into a developed property complete with irrigated landscaping, paving, and fire sprinkler systems in the buildings. As a result, fire risk on surrounding properties would be reduced and impacts would be less-than-significant. (DEIR, p. 4.20-7)

2.3 Impacts Identified in the EIR as Potentially Significant that Have been Mitigated to a Level of Less than Significant
The City Council hereby finds that feasible mitigation measures have been identified in the EIR that will avoid or substantially lessen the following potentially significant environmental impacts to a less than significant level, pursuant to CEQA Guidelines § 15091(a)(1). The potentially significant impacts, and the mitigation measures that will reduce them to a less than significant level, are as follows:

2.3.1 Biological Resources
A. Would the Modified Project interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? (Threshold “d”) Finding: Less-than-Significant Impact with Mitigation
Facts in Support of Finding: The Modified Project Site does not contain natural, surface drainage/watercourse or ponding features. Additionally, there are no water bodies on or adjacent to the Modified Project Site that could support fish. Therefore, there is no potential for the Modified Project to interfere with the movement of native resident or migratory fish. The Modified Project Site also does not serve as a wildlife corridor nor is it connected to an established corridor, and there are no native wildlife nurseries on or adjacent to the Site. Therefore, there is no potential for the Modified Project to impede the use of a native wildlife nursery Site. Based on the foregoing information, the Modified Project would result in no impact to any native resident or migratory fish, established wildlife corridor, or native wildlife nursery sites. (DEIR, p. 4.4-9) The Modified Project would remove vegetation (i.e., trees, shrubs, and grasses) from the Modified Project Site that serves as provides potential roosting and nesting habitat for birds common to the Fontana area. Numerous non-sensitive bird species common to the Fontana area were observed on the Modified Project Site, including but not limited to a killdeer, house finch, mourning dove, and red-tailed hawks. Although these species are not considered special-status or sensitive based on their prevalence in southern California, the MBTA and California Fish and Game Code are in place to protect these bird species, among others, while nesting. If Modified Project construction occurs during the avian nesting season (February 15 – September 1) and active nests are present on the Modified Project Site, significant impacts to nesting birds could occur. The Project’s potential to impact nesting birds is a significant impact for which mitigation is required. (DEIR, p. 4.4-9) 838
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Findings of Fact and Statement of Overriding Considerations SCH No. 2022110389 48 To ensure that Modified Project impacts to migratory wildlife species are mitigated to a level of less than significant, the following mitigation measures and regulatory requirement are required. (DEIR, pp. 4.4-11 to 4.4-12)
MM 4.4-1. In order to ensure compliance with the MBTA and California Fish and Game Code, the initial clearing, grubbing, and grading of land shall occur outside of the nesting season (i.e., outside of the period February 1 through September 15) if feasible. If Prior to any grounddisturbing activities must occur during the nesting season, a pre-construction nesting bird survey shall be conducted by a qualified Dedicated Biologist 3 days prior to the grounddisturbing activities. If birds are found to be nesting inside or within 250 feet (500 feet for raptors) of the impact area, construction shall be postponed at the discretion of a qualified biologist, until it is determined that the nest is no longer active. a. The applicant shall designate a biologist (Designated Biologist) experienced in:
identifying local and migratory bird species of special concern; conducting bird surveys using appropriate survey methodology; nesting surveying techniques, recognizing breeding and nesting behaviors, locating nests and breeding territories, and identifying nesting stages and nest success; determining/establishing appropriate avoidance and minimization measures; and monitoring the efficacy of implemented avoidance and minimization measures.
b. Surveys shall be conducted by the Designated Biologist at the appropriate time of day/night, during appropriate weather conditions, no more than 3 days prior to the initiation of Modified Project activities. Surveys shall encompass all suitable areas including trees, shrubs, bare ground, burrows, cavities, and structures. Survey duration shall take into consideration the size of the Modified Project site; density, and complexity of the habitat; number of survey participants; survey techniques employed; and shall be sufficient to ensure the data collected is complete and accurate. If a nest is suspected, but not confirmed, the Designated Biologist shall establish a disturbancefree buffer until additional surveys can be completed, or until the location can be inferred based on observations. If a nest is observed, but thought to be inactive, the Designated Biologist shall monitor the nest for one hour (four hours for raptors during the non-breeding season) prior to approaching the nest to determine status. The Designated Biologist shall use their best professional judgement regarding the monitoring period and whether approaching the nest is appropriate. c. When an active nest is confirmed, the Designated Biologist shall immediately establish a conservative avoidance buffer surrounding the nest based on their best professional judgement and experience. The Designated Biologist shall monitor the nest at the onset of Modified Project activities, and at the onset of any changes in such Modified Project activities (e.g., increase in number or type of equipment, change in equipment usage, etc.) to determine the efficacy of the buffer. If the Designated Biologist determines that such Modified Project activities may be causing an adverse reaction, the Designated Biologist shall adjust the buffer accordingly or implement alternative avoidance and 839
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Findings of Fact and Statement of Overriding Considerations SCH No. 2022110389 49 minimization measures, such as redirecting or rescheduling construction or erecting sound barriers.

Implementation of Mitigation Measure MM 4.4-1 would ensure that pre-construction surveys are conducted for nesting birds protected by State and federal regulations in the event that vegetation is removed from the Modified Project Site during the breeding season. If nesting birds are present on the Modified Project Site, the mitigation requires avoidance of active bird nests in conformance with accepted protocols and regulatory requirements. With implementation of the required mitigation, potential direct and cumulatively-considerable impacts to nesting birds protected by State and federal regulations would be reduced to below a level of significance. (DEIR, p. 4.4-12)

2.3.2 Cultural Resources
A. Would the Modified Project cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5? (Threshold “b”) Finding: Less-than-Significant Impact with Mitigation
Facts in Support of Finding: BFSA conducted a cultural resources inventory of the Modified Project Site, which included a records search through the SCCIC at CSU Fullerton and an intensive pedestrian survey of the Modified Project Site. The results of this records search indicate that no prehistoric cultural resources have been recorded on or within a one-half mile radius of the Modified Project Site. Additionally, no prehistoric resources were observed on the Modified Project Site during the intensive field survey. Therefore, implementation of the Modified Project would not cause a substantial adverse change in the significance of a known prehistoric archeological resource pursuant to CEQA Guidelines Section 15064.5. (DEIR, pp. 4.5-10 to 4.5-11) Given the lack of any previously identified prehistoric sites within or near the Modified Project Site and the magnitude of ground disturbance on the Modified Project Site over the previous 90-plus years, there is little potential for any prehistoric resources to be present or disturbed by the proposed developments. Notwithstanding, excavations on portions of the Modified Project Site would exceed five (5) feet below the existing ground surface while previously disturbed soils on-site (i.e., artificial fills) extend only to a depth of approximately 1 to 4 feet below the ground surface; thus, excavations on-site that would occur within previously undisturbed soils could, in theory, contain prehistoric archaeological resources. If any prehistoric cultural resources are unearthed during Modified Project construction that meet the definition of an archaeological resource pursuant to CEQA Guidelines Section 15064.5 and are disturbed or damaged by Modified Project construction activities, impacts to those prehistoric cultural resources would be potentially significant. Mitigation is thus required in the form of conditions of approval imposed on the Modified Project that set forth the procedures that would be followed should subsurface resources be discovered. As discussed below, with implementation of mitigation, direct and cumulatively-considerable impacts would be less than significant. (DEIR, p.

4.5-11)
Mitigation: To ensure that Modified Project impacts to any significant archaeological resources that may be encountered during ground-disturbing activities associated with Modified Project 840
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Findings of Fact and Statement of Overriding Considerations SCH No. 2022110389 50 construction are mitigated to a level of less than significant, the following mitigation measures are required. (DEIR, p. 4.5-13)
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 Modified 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 Modified Project while evaluation takes place.

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 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.

Implementation of MMs 4.4-1 through 4.4-3 would ensure the proper identification and subsequent treatment of any significant archaeological resources that may be encountered during ground-disturbing activities associated with Modified Project construction. With implementation of the required mitigation, the Project’s potential impacts to important archaeological resources would be reduced to less-than-significant. Cumulatively-considerable impacts would likewise be reduced to less than significant. (DEIR, p. 4.5-14)

2.3.3 Geology and Soils
A. Would the Modified Project directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? (Threshold “f”)
Finding: Less-than-Significant Impact with Mitigation
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Findings of Fact and Statement of Overriding Considerations SCH No. 2022110389 51 Facts in Support of Finding: There are no known unique paleontological resources or unique geologic features on the Modified Project Site under existing conditions. However, the Modified Project Site is underlain by late to middle Pleistocene old alluvial fan deposits which are accorded a “High” sensitivity for containing paleontological resources. In the event that the Project’s construction activities encroach into previously undisturbed older alluvium deposits, the Modified Project could result in impacts to important paleontological resources if such resources are unearthed and not properly treated. Therefore, the Project’s potential to directly or indirectly destroy a unique paleontological resource buried beneath the ground surface is determined to be a significant impact and mitigation is required. (DEIR, p. 4.7-14)
Mitigation: The following mitigation measures would address the Project’s potential to result in impacts to previously-undiscovered paleontological resources that may be present beneath the Modified Project Site’s surface. (DEIR, p. 4.7-16)
MM 4.7-1. Prior to the issuance of a grading permit, the Modified Project Applicant shall provide evidence to the City of Fontana that a qualified paleontologist (“paleontologist”) has been retained by the Modified 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.

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.

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 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. 842
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Findings of Fact and Statement of Overriding Considerations SCH No. 2022110389 52 Implementation of MM 4.7-1 through MM 4.7-4 would ensure that grading activities within late to middle Pleistocene old alluvial fan deposits would be subject to monitoring by a qualified paleontologist or paleontological monitor, and requires that any uncovered paleontological resources are recovered and prepared for long-term preservation at an accredited institution (university or museum). Implementation of the required mitigation would reduce the Project’s direct and cumulatively-considerable impacts to paleontological resources to below a level of significance. (DEIR, pp. 4.7-16 to 4.7-17)

2.3.4 Tribal Cultural Resources
A. Would the Modified Project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is (Threshold “a”):
i. Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k), or ii. A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1?
Finding: Less-than-Significant Impact with Mitigation
Facts in Support of Finding: No prehistoric resource sites, features, places, or landscapes were identified on the surface of the Modified Project Site during field work conducted by BFSA in 2022 that are either listed or eligible for listing in the California Register of Historic Places. No resources were identified on the Modified Project Site that meet any of the four criteria listed to be eligible for the California Register and no prehistoric resource sites or isolates were found on the Modified Project Site. Furthermore, no substantial evidence was presented to or found by the City of Fontana that led to the identification of any obvious known and physically identifiable resources on the Modified Project Sites that in the City’s discretion had the potential to be considered a tribal cultural resource. (DEIR, p. 4.18-4)
As part of the SB 18 and AB 52 consultation processes required by State law, the City of Fontana sent notification of the Modified Project to Native American tribes with possible traditional or cultural affiliation to the Modified Project area on October 13, 2022. No responses to the SB18 and AB 52 consultation invitations were received. (DEIR, p. 4.18-5) Although given the lack of any previously identified prehistoric sites within or near the Modified Project Site and the magnitude of ground disturbances on the Modified Project Site over the previous 90-plus years, there is little potential for any prehistoric resources to be present or disturbed by the proposed development. Notwithstanding, excavations on portions of the Modified Project Site would exceed five (5) feet below the existing ground surface while previously disturbed soils on-site (i.e., artificial fills) extend only to a depth of approximately 1 to 4 feet below the ground surface; thus, 843
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Findings of Fact and Statement of Overriding Considerations SCH No. 2022110389 53 excavations on the Modified Project Site that would occur within previously undisturbed soils could, in theory, contain tribal cultural resources. If any tribal cultural resources are unearthed during Modified Project construction that meet the definition of a tribal cultural resource according to Public Resources Code Section 21074 and that is: (i) listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k), or (ii) a resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1, impacts to the tribal cultural resource would be significant. Mitigation is thus required. As discussed below, with implementation of mitigation, direct and cumulativelyconsiderable impacts would be less than significant. (DEIR, p. 4.18-5) The Modified Project Site does not contain a known cemetery site and human remains have not been previously discovered on the sites. Mandatory compliance with State law (California Health and Safety Code Section 7050.5 and Public Resources Code Section 5097.98) would ensure that, in the unlikely event that human remains are discovered during Modified Project construction, the remains would be identified in accordance with proper protocols and the remains would be treated or disposed with appropriate dignity. Accordingly, the Modified Project would not result in a substantial adverse effect to tribal cultural resources associated with human remains. (DEIR, p. 4.18-5) Mitigation: To ensure proper identification and subsequent treatment of any significant tribal cultural resources that may be encountered during ground-disturbing activities associated with Modified Project development, MM 4.5-1 through MM 4.5-3 are required. (DEIR, p. 4.18-6) 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 Modified 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 Modified Project while evaluation takes place.

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 844
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Findings of Fact and Statement of Overriding Considerations SCH No. 2022110389 54 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.

Implementation of MMs 4.5-1 through 4.5-3 would ensure the proper identification and subsequent treatment of any significant tribal cultural resources that may be encountered during ground-disturbing activities associated with Modified Project development. With implementation of the required mitigation, the Project’s potential impact to significant tribal cultural resources would be reduced to less than significant. (DEIR, p. 4.18-6)

2.4 Impacts Identified in the EIR as being Significant and Unavoidable The City Council hereby finds that, despite the incorporation of mitigation measures outlined herein and in the EIR, the following impacts from the proposed Modified Project and related approvals cannot be fully mitigated to a less than significant level by any feasible mitigation measures pursuant to CEQA Guidelines 15091(a)(2) and (a)(3), which are infeasible as a result of specific economic, legal, social, technological, and other considerations, or are within the responsibility and jurisdiction of another public agency. A Statement of Overriding Considerations is therefore included herein. For the reasons set forth in the Statement of Overriding Considerations, the City Council finds and declares, in its independent judgment, that the Project’s benefits substantially outweigh and justify the following significant and unavoidable impacts:

2.4.1 Greenhouse Gas Emissions
A. Would the Modified Project generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? (Threshold “a”) Finding: Significant and Unavoidable Cumulatively-Considerable Impact Facts in Support of Finding: The Modified Project is calculated to emit 4,971.67 MTCO2e per year. Approximately 78 percent of the emissions are calculated to come from mobile sources (tailpipe emissions). The Project’s GHG emissions would exceed the significance threshold of 3,000 MTCO2e per year, resulting in a cumulatively considerable impact. (DEIR, p. 4.8-21) Mitigation: The Modified Project would be required to implement design measures to maximize energy efficiency and reduce GHG emissions as required by State law (for example, the use of energy efficient appliances as required by the CBSC) and by local regulations (for example, the installation of electric vehicle charging stations, the use of zero-emission yard equipment, and limitations on diesel vehicle idling, as required by Ordinance No. 1891). Although mandatory compliance with applicable State and local regulations would reduce Project-related GHG emissions, these requirements would not substantially reduce Modified Project mobile source GHG emissions (i.e., emissions from construction equipment, passenger cars, and heavy-duty trucks), which comprise approximately 78 percent of all Project-related GHG emissions. Mobile source GHG emissions are regulated by State and federal fuel standards and tailpipe emissions standards and are outside of the 845
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Findings of Fact and Statement of Overriding Considerations SCH No. 2022110389 55 control and authority of the City, the Modified Project Applicant, and future Modified Project occupants. CEQA Guidelines Section 15091 provides that mitigation measures must be within the responsibility and jurisdiction of the Lead Agency (i.e., City) in order to be implemented. Two mitigation measures have been identified that are feasible for the City to enforce. (DEIR, p. 4.8-24) MM 4.8-1 No portion of the buildings shall include cold storage space.

MM 4.8-2 Building roofs shall be solar-ready 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 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 roof-mounted solar photovoltaic systems shall be installed within 12 months of issuance of the first occupancy permit.

As noted above, a majority of the Project’s GHG emissions would be produced by mobile sources. Neither the Modified Project Applicant nor the Lead Agency (City of Fontana) can substantively or materially affect reductions in Modified Project mobile-source emissions beyond federal and State regulations. Accordingly, the City finds that the Project’s GHG emissions are a significant and unavoidable cumulatively-considerable impact for which no feasible mitigation is available. (DEIR, p. 4.8-24)

2.4.2 Noise
A. Would the Modified Project result in generation of excessive groundborne vibration or groundborne noise levels? (Threshold “b”)
Finding: Significant Direct Short-Term Unavoidable Impact Facts in Support of Finding: Construction activities on the Modified Project Site would utilize equipment that has the potential to generate vibration. One of the receiver locations in the vicinity of the Modified Project Site would be exposed to vibration levels that exceed the applicable significance threshold. The typical Modified Project construction vibration levels will exceed the building damage thresholds at the building façade of the Fontana Adult School relocatable classrooms (receiver location R4). The Project-related construction vibration impacts would be potentially significant during the construction activities at the Modified Project Site and mitigation is required. (DEIR, pp. 4.13-21 to

4.13-22)
Under long-term conditions, the Modified Project would not include or require equipment or activities that would result in perceptible groundborne vibration beyond the Modified Project Site.

Trucks would travel to and from the Modified Project Site along local roadways; however, vibration levels for heavy trucks operating at the posted speed limits on paved surfaces are not perceptible beyond the roadway. The Modified Project would not result in the exposure of persons to excessive groundborne vibration or noise levels during long-term operation and a less-than-significant impact would occur. (DEIR, p. 4.13-22)
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Findings of Fact and Statement of Overriding Considerations SCH No. 2022110389 56 Mitigation: While the analysis shows that the construction noise levels would not exceed the construction-related daytime noise level threshold of 80 dBA Leq, additional noise abatement should be considered for the Fontana Adult School relocatable classrooms (receiver location R4). The provision of a temporary 8-foot-high noise barrier separating the Modified Project Site and the Fontana Adult School relocatable classrooms will reduce the construction noise levels by approximately 5.7 dBA Leq.

With the temporary 8-foot-high noise barrier, the construction noise level will be further reduced to

70.2 dBA Leq. Though construction noise is temporary and intermittent, and will not present any longterm impacts, the following mitigation measures are set forth. (DEIR, pp. 4.13-24 to 4-13-26) 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-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-of-sight 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 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 Modified Project Site.

To address significant direct construction-related vibration impacts under threshold b, the following mitigation measure shall be implemented:

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 847
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Findings of Fact and Statement of Overriding Considerations SCH No. 2022110389 57 rubber-tired or alternative equipment, as well as soil compaction equipment shall be used during Modified Project 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 Modified 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 Modified 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 Modified 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 Modified Project construction activity is occurring.

Upon implementation of MM 4.13-1 through MM 4.13-3, Modified Project construction vibration levels still exceed the 0.3 PPV (in/sec) construction vibration threshold. The Project’s construction activities would have a significant direct impact on occupied structures at the Fontana Adult School that are located within 20 feet of construction activities on the Building 2 site. (DEIR, p. 4.13-26)

2.4.3 Transportation
A. Would the Modified Project conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? (Threshold “a”)
Finding: Significant Direct and Cumulatively-Considerable Impact Facts in Support of Finding: Implementation of the Modified Project would not conflict with the goals and policies of SCAG’s regional planning program that are applicable to the Modified Project and related to vehicular and non-vehicular circulation. The Modified Project would not conflict with any applicable General Plan policies addressing the circulation system. As such, Modified Project impacts would be less-than-significant. (DEIR, p. 4.17-7) The Modified Project would not conflict with any applicable Active Transportation Plan goals addressing the circulation system, but would conflict with Objective 1.A related to VMT. The regional average VMT per for San Bernardino County is 17.1 VMT per employee; therefore, for analysis purposes, the City’s VMT significance threshold is set at 14.54 VMT per employee. The Modified Project would generate 16.77 VMT per employee in the baseline year and 16.14 VMT per employee in cumulative year 2040, which is approximately 16.77 percent above the existing baseline for the baseline year and 11 percent above baseline in cumulative year 2040. Because the Modified Project would generate VMT that is above the regional baseline, the Modified Project is considered to substantially influence or increase VMT within the City. The Modified Project would conflict with this objective, which is a significant impact. (DEIR, p. 4.17-10) 848
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Findings of Fact and Statement of Overriding Considerations SCH No. 2022110389 58 Mitigation: The following mitigation measure is imposed to address VMT impacts. (DEIR, p.

4.17-13)
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.

The Modified Project would result in a conflict with the Fontana General Plan, Active Transportation Plan, Objective 1.A because the Modified Project would generate VMT that is above the regional baseline. The TDMP required by MM 4.17-1 is not assured to reduce the Project’s direct and cumulatively-considerable impact due to Project-related VMT to less than significant. Neither the Modified Project Applicant nor the City of Fontana has the jurisdictional authority to mandate or monitor the effectiveness of the business practices of private enterprises such as the implementation of TDMP measures, nor assure a change in human behavior such as the choice to carpool, walk, or bike to and from work. For these reasons, the effectiveness of VMT mitigation cannot be reasonably assured. (DEIR, p. 4.17-14)
B. Would the Modified Project conflict or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b)? (Threshold “b”)
Finding: Significant Direct and Cumulatively-Considerable Impact Facts in Support of Finding: Employment estimates were calculated using average employment density factors from Southern California Association of Governments’ (SCAG’s) “Employment Density Study.” SCAG reports that commerce center buildings in San Bernardino County employ an average of one (1) worker for every 1,195 s.f. of building area, which would yield 445 jobs (532,104 s.f. ÷ 1,195 s.f./employee = 445 employees) for proposed Buildings 1, 2, and 3. (SCAG, 2001, p. 15).

Although no development is currently proposed on 5.0 acres of the Modified Project Site, should those

5.0 acres be developed in the future with up to 131,464 s.f. of building space, an additional 110 jobs could be generated (131,464 s.f. ÷ 1,195 s.f./employee = 110 employees). In total, the Modified Project could thus produce between 445 and 555 jobs. (DEIR, p. 4.17-11) For the proposed Building 1, Building 2, and Building 3, and the 5.0-acre parcel, assuming 555 employees (slightly more than would be generating using the SCAG employment generation factor), under Baseline (2022) traffic conditions, the Modified Project is calculated to generate 16.77 VMT per employee. The Project’s VMT would be approximately 15.34 percent above the average regional trip length, which would not meet the VMT reductions required by the applicable significance threshold (15 percent below the average regional trip length). Accordingly, the Project’s VMT impact is considered to be significant and the Modified Project would conflict with or be inconsistent with CEQA Guidelines Section 15064.3.

Mitigation: Mitigation measure MM 4.17-1 shall apply. (DEIR, p. 4.17-13) 849
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Findings of Fact and Statement of Overriding Considerations SCH No. 2022110389 59 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.

The TDMP required by MM 4.17-1 is not assured to reduce the Project’s direct and cumulatively-considerable impact due to Project-related VMT to less than significant. Neither Because no feasible mitigation is available to assure VMT reduction for the Project’s employees to below the City’s calculated average VMT, the Modified Project would result in a significant and unavoidable direct and cumulatively considerable impact.

2.5 Cumulative Impacts
Regarding the Project’s potential to result in cumulative impacts, the City hereby finds as follows:

2.5.1 Aesthetics
The Modified Project site is flat and does not contribute to any prominent scenic vistas under existing conditions. Views of the San Gabriel Mountains and Jurupa Hills are available in the Modified Project area; however, such views are available throughout the cumulative study area and are not unique to the Modified Project Site’s vicinity.

Views to the Jurupa Hills from Santa Ana Avenue are already partially blocked by commerce center development located on the south side of Santa Ana Avenue; because the Modified Project Site is located on the north side of Santa Ana Avenue, it has no potential to further block views of the Jurupa Hills from Santa Ana Avenue and would not make a cumulative contribution to view blockage. From Jurupa Hills High School and Fontana Adult School, views of the Jurupa Hills are already partially blocked by existing trees located on the southern boundary of the school sites and commerce center development located on the south side of Santa Ana Avenue. Introduction of the Modified Project would not obstruct views to landforms in the distance to any greater extent than already blocked by existing trees and commerce center buildings located on the south side of Santa Ana Avenue and the Project’s impact would be less than cumulatively considerable.

From north-south oriented Citrus Avenue and Oleander Avenue, the Modified Project would not significantly contribute to view obstruction to the Jurupa Hills and San Gabriel Mountains because the views to these features are due north and due south and the Modified Project is located on the east and west sides of these roads. In addition, proposed Building 2 and Building 3 would be set back from Oleander Avenue by approximately 20 feet and Building 1 would be set back from Citrus Avenue by approximately 20 feet with a landscaped berm positioned between Building 1 and Citrus Avenue.

Given the heights of the Jurupa Hills and San Gabriel Mountain landform features ranging from approximately 1,300 feet to 10,064 feet amsl at their highest elevations, they would still be visible along and above the horizon. Accordingly, with buildout of the Modified Project and other developments within the Project’s viewshed, impacts to scenic vistas would not be cumulatively significant and the Project’s contributions would be less-than cumulatively considerable. 850
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Findings of Fact and Statement of Overriding Considerations SCH No. 2022110389 60 The Modified Project Site is not located within close proximity to any designated State scenic routes and does not contain any scenic resources. Therefore, the Modified Project has no potential contribute to a cumulatively significant impact to scenic resources within a designated scenic route corridor.

As with the Project, new development in the surrounding area would be subject to applicable development regulations and design standards, including, but not limited to the Fontana Municipal Code and the SWIP Specific Plan. Mandatory compliance to applicable development regulations and design standards would ensure that developments would incorporate high quality building materials, site design, and landscaping to minimize the potential for adverse effects due to a conflict with applicable zoning and other regulations governing scenic quality. In addition, the Project’s design incorporates various architectural and landscape features to enhance and/or screen views of the interior of the site from the surrounding public street system. Accordingly, Project-related impacts due to a conflict with applicable zoning and other regulations governing scenic quality would be less-thancumulatively considerable when considered in context with the existing visual character and quality of the Modified Project site’s surroundings, which is considered an urbanized environment.

With respect to potential cumulative light and glare impacts, development on the Modified Project site would be required to comply with City of Fontana Municipal Code § 30-265 and § 30-266 and applicable design guidelines from the SWIP Specific Plan, which sets standards for exterior lighting/fixtures. The restriction on unshielded light fixtures and “spill over” lighting enforced by these lighting regulations has the effect of minimizing light and glare that would affect daytime views and/or create sky glow. Additionally, development projects with artificial light sources in surrounding jurisdictions would be required to comply with the light reduction requirements applicable in their respective jurisdiction. Although cumulative development in the Project’s surrounding area is expected to introduce new sources of artificial lighting and potentially reflective materials, the required compliance with the applicable municipal code requirements would ensure that future cumulative development does not introduce substantial sources of artificial lighting or glare. As such, the Modified Project would not contribute to cumulatively considerable, adverse impacts to the existing daytime or nighttime views of the Modified Project Site or its surroundings. (DEIR, p. 4.1-15)

2.5.2 Agriculture And Forestry Resources
This cumulative impact analysis considers development of the proposed Modified Project in conjunction with other development projects and planned development within southwestern San Bernardino County. Lands within southwestern San Bernardino County generally exhibit similar climate, geologic, and soil characteristics, and agricultural production is evaluated by San Bernardino County and the State of California at the County level.

The Modified Project Site does not contain any Farmland as defined by CEQA Guidelines Appendix G Section II(a), and the Modified Project would not result in the conversion of any Farmland to nonagricultural use. Accordingly, no cumulatively-considerable impacts to Farmland would occur with implementation of the proposed Project.

The Modified Project Site is not zoned for agricultural use, is not used for agricultural production under existing conditions, and is not subject to any Williamson Act contracts. As such, no cumulatively851 Citrus and Oleander Avenue at Santa Ana Avenue Project
Findings of Fact and Statement of Overriding Considerations SCH No. 2022110389 61 considerable impacts would occur due to a conflict with existing agricultural zoning, existing agricultural use, or Williamson Act contracts.

Under existing conditions, there are no off-site properties in the vicinity of the Modified Project Site that comprise agriculturally-zoned property. Therefore, the Modified Project would not cause development of non-agricultural uses within the vicinity of agriculturally zoned property, and no cumulatively-considerable impacts would occur.

The Modified Project Site, and the surrounding areas are not zoned for forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g)). As such, the Modified Project has no potential to conflict with such zoning, and no cumulatively-considerable impacts would occur. In addition, the Modified Project has no potential to result in the loss of forest land or conversion of forest land to non-forest use, and no cumulatively-considerable impacts due to the loss or conversion of forest land would occur. Additionally, there are no components of the Modified Project that could result in the conversion of forest land to non-forest use, as there are no lands used for forest land uses; thus, no cumulatively-considerable impacts would occur. (DEIR, p.

4.2-7)

2.5.3 Air Quality
The AQMP evaluates regional conditions within the Basin and sets regional emission significance thresholds for both construction and operation of development projects that apply to project-specific impacts and cumulatively-considerable impacts. Thus, if a Modified Project exceeds the SCAQMD regional emissions thresholds, project-specific impacts would also result in a cumulativelyconsiderable increase in emissions for those pollutants for which the basin in is non-attainment.

Modified Project implementation would not conflict with the SCAQMD’s 2016 AQMP because construction of the Modified Project would not exceed the SCAQMD regional thresholds for any of the criteria pollutants. Although the Modified Project proposes a general plan amendment and zone change to amend land use and zoning designations, the Modified Project on an individual bases does not have an impact and as such, would not conflict with the goals and objectives of the AQMP.

Accordingly, the Modified Project would be consistent with the 2016 AQMP; therefore, there is no potential for the Modified Project to result in a cumulatively considerable effect on the environment due to an inconsistency with the 2016 AQMP.

Based on SCAQMD guidance, any exceedance of a regional or localized threshold for criteria pollutants also is considered to be a cumulatively considerable effect, while air pollutant emissions that fall below applicable regional and/or localized thresholds are not considered cumulatively considerable. The Modified Project would not emit any air pollutants during construction or operation that exceed the applicable SCAQMD regional or localized threshold and, thus, the Modified Project would result in effects to regional and local air quality that would not be cumulatively considerable.

There are no Modified Project components that would expose a substantial number of sensitive receptors to objectionable odors. There are no known sources of offensive odors in the Modified Project area. Because the Project’s construction and operation would not create substantial and 852
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Findings of Fact and Statement of Overriding Considerations SCH No. 2022110389 62 objectionable odors and because there are no sources of objectionable odors in the areas immediately surrounding the Modified Project Site, there is no potential for odors from the Modified Project Site to commingle with odors from nearby development projects and expose nearby sensitive receptors to substantial, offensive odors. Accordingly, implementation of the Modified Project would result in a less-than-significant cumulative impact related to odors. (DEIR, p. 4.3-33)

2.5.4 Biological Resources
This cumulative impact analysis for biological resources considers development of the Modified Project in conjunction with other development projects in the vicinity of the Modified Project Site as well as full General Plan buildout of the cities of Fontana, Rialto, and Jurupa Valley as well as the unincorporated community of Bloomington.

The Modified Project Site does not contain any special-status plant or wildlife species nor does the Site have the potential to support such species. Therefore, the Modified Project would not impact any special-status plant or wildlife species and, thus, the Modified Project would have no potential to contribute to a cumulative impact to special-status plant and/or animal species.

The Modified Project would not impact any riparian or sensitive natural communities; therefore, there is no potential for the Modified Project to contribute to a cumulatively-considerable impact to these resources.

The Modified Project would not impact any State-protected or federally-protected wetlands.

Accordingly, the Modified Project has no potential to contribute to a cumulatively-considerable impact to State or federally protected wetlands.

The Modified Project would remove vegetation that has the potential to support nesting birds protected by federal and State regulations. A wide range of habitat and vegetation types have the potential to support nesting birds; therefore, it is likely that other development projects within the cumulative study area also may impact nesting birds. Thus, the Modified Project has the potential to contribute to a cumulatively-considerable impact to nesting birds.

The Modified Project would not conflict with any local policies or ordinances protecting biological resources. Other development projects in the cumulative study area would be required to comply with applicable local policies and/or ordinances related to the protection of biological resources as a standard condition of review/approval. Because the Modified Project and cumulative development would be prohibited from violating applicable, local policies or ordinances related to the protection of biological resources, a cumulatively-considerable impact would not occur.

The Modified Project Site 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. Because there is no conservation plan applicable to the Modified Project impact area, there is no potential for the Modified Project to contribute to the violation of a conservation plan.

No cumulative impact would occur. (DEIR, p. 4.4.11)
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Findings of Fact and Statement of Overriding Considerations SCH No. 2022110389 63 2.5.5 Cultural Resources
The potential for implementation of the Modified Project to contribute to cumulative impacts to historical resources was analyzed in conjunction with other projects located in areas that were once similarly influenced by the historical context of the City of Fontana and surrounding area. Record searches and field surveys indicate the absence of significant historical sites and resources on the Modified Project Site; therefore, implementation of the Modified Project has no potential to contribute towards a significant cumulative impact to historical sites and/or resources.

The potential for Modified Project construction to result in cumulatively-considerable impacts to prehistoric archaeological resources were also analyzed in conjunction with other projects located in the traditional use areas of Native American tribes that are affiliated to the Modified Project Site.

Development activities on the Modified Project Site would not impact any known prehistoric archaeological resources and the likelihood of uncovering previously unknown prehistoric archaeological resources during Modified Project construction are low due to the magnitude of disturbance that has occurred on the Modified Project Site due to past uses of the properties.

Nonetheless, a remote potential exists for subsurface prehistoric archaeological resource that meet the CCR Section 15064.5 definition of a significant archaeological resource to be discovered on the Modified Project Site – and other development Modified Project sites in the region – during construction activities. Accordingly, the Modified Project has the potential to contribute to a significant cumulative impact to prehistoric archaeological sites and/or resources. Therefore, the Modified Project would result in a cumulatively-considerable impact to prehistoric archaeological resources, if such resources are unearthed during Modified Project construction, for which mitigation is required. As discussed below, with implementation of mitigation, cumulatively-considerable impacts would be less than significant.

Mandatory compliance with the provisions of California Health and Safety Code Section 7050.5 as well as Public Resources Code Section 5097 et seq., would assure that all development projects within the region treat human remains that may be uncovered during development activities in accordance with prescribed, respectful and appropriate practices, thereby avoiding significant cumulative impacts. (DEIR, p. 4.5-12)

2.5.6 Energy
The Modified Project and other new development projects within the cumulative study area would be required to comply with all of the same applicable federal, State, and local regulatory measures aimed at reducing fossil fuel consumption and the conservation of energy. Accordingly, the Modified Project would not cause or contribute to a significant cumulatively considerable impact related to conflicts with a State or local plan for renewable energy or energy efficiency. (DEIR, p. 4.6.9)

2.5.7 Geology And Soils
With the exception of erosion hazards, potential hazardous effects related to geologic and soil conditions addressed under Thresholds “a,” “c,” “d,” and “e” are unique to the Modified Project Site, and inherently restricted to the specific property proposed for development. That is, issues including fault rupture, seismic ground shaking, liquefaction, landslides, and expansive soils would involve 854
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Findings of Fact and Statement of Overriding Considerations SCH No. 2022110389 64 effects to (and not from) a proposed development project, are specific to conditions on the subject property, and are not influenced or exacerbated by the geologic and/or soils hazards that may occur on other, off-site properties. Further, as noted in the foregoing analysis, all potential Project-related direct and indirect impacts related to potential hazardous effects related to geologic and soil conditions would be precluded through mandatory conformance with the CBSC, Fontana Municipal Code, other standard regulatory requirements, and the Site-specific geotechnical recommendations contained within the Project’s geotechnical report, which will be incorporated into the Project’s design via conditions of approval. Because of the Site-specific nature of these potential hazards and the measures to address them, there would be no direct or indirect connection to similar potential issues or cumulative effects to or from other properties.

Regulatory requirements mandate that the Modified Project incorporate design measures during construction and long-term operation to ensure that significant erosion impacts do not occur. Other development projects in the vicinity of the Modified Project Site would be required to comply with the same regulatory requirements as the Modified Project to preclude substantial adverse water and wind erosion impacts. Because the Modified Project and other projects within the cumulative study area would be subject to similar mandatory regulatory requirements to control erosion hazards during construction and long-term operation, cumulative impacts associated with wind and water erosion hazards would be less-than-significant.

The Project’s potential to result in cumulative impacts to paleontological resources (Threshold “f”) is similar to that of other projects located in the region that are underlain by older alluvial soils. Because the older alluvial soils present on the Modified Project Site contain high paleontological sensitivity and because this geologic layer is present throughout the City of Fontana and southern California, the potential to impact paleontological resources is a cumulatively-considerable impact for which mitigation is required. (DEIR, p. 4.7-15)
The following mitigation measures are imposed to address the Project’s potential to result in impacts to previously-undiscovered paleontological resources that may be present beneath the Modified Project Site’s surface. (DEIR, p. 4.7-16)
MM 4.7-1 Prior to the issuance of a grading permit, the Modified Project Applicant shall provide evidence to the City of Fontana that a qualified paleontologist (“paleontologist”) has been retained by the Modified 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.

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 855
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Findings of Fact and Statement of Overriding Considerations SCH No. 2022110389 65 determined upon exposure and examination by the paleontologist to have a low potential to contain or yield fossil resources.

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 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.

Implementation of the required mitigation would reduce the Project’s cumulatively-considerable impacts to paleontological resources to below a level of significance.

2.5.8 Greenhouse Gas Emissions
GCC occurs as the result of global emissions of GHGs. An individual development Modified Project does not have the potential to result in direct and significant GCC-related effects in the absence of cumulative sources of GHGs. The CEQA Guidelines emphasize that the effects of GHG emissions are cumulative and should be analyzed in the context of CEQA’s requirements for cumulative impacts analysis (See CEQA Guidelines Section 15130[f]). Accordingly, the analysis provided in Subsection

4.8.5 reflects a cumulative impact analysis of the effects related to the Project’s GHG emissions, which concludes that the Modified Project would not conflict with an applicable GHG-reduction plans, policies, or regulations but would generate cumulatively-considerable GHG emissions that may have a significant impact on the environment because the Modified Project would exceed the SCAQMD’s GHG emissions threshold of 3,000 MTCO2e per year. (DEIR, p. 4.8-23)

2.5.9 Hazardous And Hazardous Material
The Project’s construction and operation would be required to comply with all applicable federal, State, and local regulations to ensure proper use, storage, and disposal of hazardous substances. Although the end user(s) of the Modified Project Site are not presently known, if businesses that use or store hazardous materials occupy the Project, the business owners and operators would be required to comply with all applicable federal, state, and local regulations to ensure proper use, storage, and disposal of hazardous substances. Such uses also would be subject to additional review and permitting requirements by the San Bernardino County Fire Department. Similarly, any other developments in the area proposing the construction of uses with the potential for use, storage, or transport of hazardous materials also would be required to comply with applicable federal, State, and local regulations, and such uses would be subject to additional review and permits from their local oversight agency.

Therefore, the potential for release of toxic substances or hazardous materials into the environment, either through accidents or due to routine transport, use, or disposal of such materials, would be reduced to a less-than-significant cumulative level. Accordingly, the Project’s potential to contribute to a cumulatively significant hazardous materials impact would be less-than-significant. (DEIR, p. 4.9-14) 856
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Findings of Fact and Statement of Overriding Considerations SCH No. 2022110389 66 The Modified Project Site is located within one-quarter mile of Jurupa Hills High School, Fontana Adult School, and Citrus High School. All area cumulative development Projects would be required to comply with applicable federal, State, and local regulations related to the use, storage, and transport of hazardous materials. Compliance with these regulations would ensure the safe handling of hazardous materials, including the appropriate response and clean-up in the event of an accident, to preclude substantial health and safety hazards to students at Jurupa Hills High School, Fontana Adult School, and Citrus High School. Potential cumulative impacts to students at Jurupa Hills High School, Fontana Adult School, and Citrus High School related to the use, handling, and transport of hazardous materials would be less-than-significant.

The Modified Project Site is not located on the list of hazardous materials sites compiled pursuant to Government Code Section 65962.5; therefore, the Modified Project has no potential to contribute to substantial, cumulative effects related to the development or re-development of contaminated property.

The Modified Project is not a noise-sensitive land use and would not be adversely affected by noise from operations at the ONT. In addition, the Modified Project would not introduce any land use to the Modified Project Site that would conflict with the ONT ALUCP. Therefore, the Modified Project would not result in a safety hazard or excessive noise for people residing or working in the Modified Project area and would not contribute to a cumulatively considerable impact associated with airport hazards.

The Modified Project Site does not contain any emergency facilities nor does it serve as an emergency evacuation route; thus, there is no potential for the Modified Project to contribute to any cumulative impacts associated with an adopted emergency response plan or emergency evacuation plan.

The Modified Project Site is not located within or in close proximity to areas identified as being subject to wildland fire hazards and would have no potential to contribute to adverse, cumulative wildland fire hazards. (DEIR, p. 4.9-15)

2.5.10 Hydrology And Water Quality
Water Quality: Modified Project construction and the construction of other projects in the cumulative study area would have the potential to contribute waterborne pollution, including erosion and siltation, to the Santa Ana River Watershed. Pursuant to the requirements of the State Water Resources Control Board and the Santa Ana RWQCB, all construction projects that disturb one (1) or more acres of land area are required to obtain coverage for construction activities under the State’s General Construction NPDES Permit. In order to obtain coverage, an effective Site-specific SWPPP is required to be developed and implemented. The SWPPP must identify potential on-site pollutants and identify an effective combination of erosion control and sediment control measures to reduce or eliminate discharge of pollutants to surface waters. In addition, the Modified Project Developer/Applicant and all cumulative developments in the Santa Ana River Basin would be required to comply with the Santa Ana RWQCB’s Santa Ana River Basin Water Quality Control Program, which establishes water quality standards for ground and surface waters of the region. Compliance with these mandatory regulatory requirements, would ensure that development projects within the Santa Ana River 857
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Findings of Fact and Statement of Overriding Considerations SCH No. 2022110389 67 watershed, including the proposed Project, would not contribute substantially to water quality impairments during construction. Operational activities on the Modified Project Site would be required to comply with the Project’s three SWQMPs to minimize the amount of waterborne pollution, including erosion and sediment, discharged from the Site. Other development projects within the watershed would similarly be required by law to prepare and implement Site specific SWQMPs to ensure that runoff does not substantially contribute to water quality violations. Accordingly, operation of the Modified Project would not contribute to cumulatively-considerable water quality effects.

Groundwater Supplies and Management: A majority of the groundwater recharge in the Chino Groundwater Basin occurs in the northern and western portions of the Basin (and north and west of the City of Fontana), within percolation basins. The Modified Project would not physically impact any of the major groundwater recharge facilities in the Basin and other development projects in the Basin similarly would be prohibited by the Chino Basin Watermaster from resulting in adverse physical effects to recharge basins. The Modified Project incorporates permeable landscape areas and other design features (i.e., an underground infiltration/detention system) that would allow surface runoff to infiltrate into the groundwater basin. Other development projects would similarly be required by the lead agency for the Modified Project to incorporate design features (e.g., through minimum landscaped area requirements and site-specific WQMP requirements) that facilitate percolation and minimize surface runoff. Lastly, the Chino Groundwater Basin is an adjudicated basin that operates under a court-ordered management plan to ensure the long-term sustainability of the Basin. No component of the Modified Project would obstruct with or prevent implementation of the Basin’s management plan and other development projects within the Basin would be prohibited from any activity that would endanger the health and sustainability of the groundwater basin. Based on the lack of impacts to groundwater recharge facilities, the provision of design measures that would facilitate percolation, and compliance with the Basin’s groundwater management plan, cumulative development would not result in a considerable, adverse effect to local groundwater supplies.

Flooding: Construction of the Modified Project and other development projects within the Santa Ana River Basin would be required to comply with federal, State, and local regulations and applicable regional and local master drainage plans in order to mitigate flood hazards both on- and off-site.

Compliance with federal, State, and local regulations and applicable drainage plans would require development sites to be protected from flooding during peak storm events (i.e., 100-year storm) and also would not allow development projects to expose downstream properties to increased flooding risks during peak storm events. In addition, future development proposals within the Santa Ana River Basin would be required to prepare hydrologic and hydraulic calculations, subject to review and approval by the responsible City/County Engineer, to demonstrate that substantial on- and/or off-site flood hazards would not occur. As discussed under the response to Threshold “c,” the Modified Project is designed to ensure that runoff from the Modified Project Site during peak storm events is substantially reduced relative to existing conditions. Because the Modified Project and all other developments throughout the Santa Ana River Basin, would need to comply with federal, State, and local regulations to ensure that stormwater discharges do not substantially exceed existing volumes or exceed the volume of available conveyance infrastructure, a substantial cumulative impact related to flood hazards would not occur.
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Findings of Fact and Statement of Overriding Considerations SCH No. 2022110389 68 Additionally, the Modified Project Site is not located within a special flood hazard area or in an area subject to inundation. Accordingly, development on the Modified Project Site would have no potential to impede or redirect flood flows and a cumulatively-considerable impact would not occur. (DEIR, p.

4.10-22)

2.5.11 Land Use And Planning
Under existing conditions, the Modified Project Site is physically separated from residential land uses to the east by the sports fields for Citrus High School and by Cypress Avenue, and physically separated from the residential land uses to the northeast by Citrus Avenue. No residential land uses are located to the north or south of the Modified Project Site. The Modified Project is designed to connect with Citrus Avenue, Santa Ana Avenue, and Oleander Avenue, and continue the pattern of development that already has been established to the south and west of the Modified Project Site. The Modified Project does not involve the reconfiguration of streets that could have the potential to alter the surrounding pattern of future development. Therefore, implementation of the Modified Project would not physically divide any existing, surrounding community and would not cause or cumulatively contribute to the division of an established community. As development occurs elsewhere throughout the cities of Fontana, Rialto, Rancho Cucamonga, and the larger San Bernardino County area, any proposal to change the underlying land use or development intensity for a specific property would not have the potential to result in conflict with applicable land plans and result in substantial, adverse environmental effects with implementation of an amendment to the applicable land use plan. The Modified Project would not result in any cumulatively-considerable land use and planning conflicts in the context of compliance with applicable environmental plans, policies, and regulations beyond those identified in other Subsections of this EIR. (DEIR, p. 4.11-17)

2.5.12 Mineral Resources
As mapped by the DOC, the Modified Project Site does not contain known mineral resource deposits.

As such, the Modified Project does not have potential to result in cumulatively-considerable impacts due to the loss of availability of a known mineral resource that would be of value to the region or residents of the State. No cumulatively considerable impacts would occur. The City of Fontana’s General Plan does not designate the Modified Project Site as mineral resource recovery sites, and there are no other land use plans that identify the Modified Project Site or surrounding areas for containing mineral resources. As such, the Modified Project does not have potential to result in cumulativelyconsiderable impacts due to the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan. No cumulativelyconsiderable impacts would occur. (DEIR, p 4.12-2)

2.5.13 NOISE
Construction Noise: There are several known active, pending, or planned construction projects in the immediate vicinity of the Modified Project Site. To the north at the southeast corner of Citrus Avenue and Slover Avenue is a warehouse project. Southeast of the Modified Project Site is the Goodman Logistics Center Fontana III Warehouse Modified Project and the Fontana Foothills high-cube warehouse and distribution center project. West of the Modified Project Site is the Southwest Industrial Park (SWIP) Specific Plan development which includes industrial, commercial, and office uses. The 859
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Findings of Fact and Statement of Overriding Considerations SCH No. 2022110389 69 complete list of cumulative projects in the vicinity of the Modified Project is provided in Table 4.0-1 in Section 4.0, Environmental Analysis, of this EIR. In the event that construction on the Modified Project Site occurs simultaneously with construction of other nearby projects, the effect to sensitive receptors in proximity to the Modified Project Site (to the north and to the east) would not be cumulatively considerable in consideration of the existing built environment. Specifically, Santa Ana Avenue separates the Modified Project Site from other development projects that may be under construction to the south and Citrus Avenue separates the Modified Project Site from other development projects that may be under construction to the west. Roadway noise would overshadow any construction noise from those projects. Accordingly, there is no potential for the Modified Project to contribute to the exposure of nearby sensitive receptors to substantial temporary (constructionrelated) increases in daytime or nighttime ambient noise levels.

Stationary Noise: The analysis presented for Threshold “a” addresses the Project’s contribution of noise to existing cumulative noise sources (i.e., ambient noise) in the Modified Project area. As previously shown in this Subsection, the Project’s noise contribution would not be perceptible to noisesensitive receptors in the Modified Project area during daytime or nighttime hours. The Project’s permanent stationary noise impacts would not be cumulatively-considerable.

Traffic Noise: The analysis presented under Threshold “a” evaluates the Projects’ traffic noise contribution along study area roadways with consideration of cumulative development (Opening Year plus Cumulative and Horizon Year scenarios). As summarized in that analysis, the Projects’ traffic noise contributions along study area roadways would not exceed applicable significance thresholds and, therefore, would not be cumulatively-considerable under near- or long-term conditions.

Groundborne Vibration and Noise: During construction, the Project’s peak vibration impacts would occur during the grading phase when large pieces of equipment, like bulldozers, are operating on-site. (During the non-grading phases of Modified Project construction, when smaller pieces of equipment are used on-site, the Project’s vibration would be minimal.) Vibration effects diminish rapidly from the source; therefore, the only reasonable sources of cumulative vibration in the vicinity of the Modified Project Site could occur on properties abutting these sites. All cumulative development in the area is located south of Santa Ana Avenue, west of Citrus Avenue, or further north (not adjacent to) the Modified Project Site, and as such, vibration sources would be on the opposite sides of these roads or already developed land and not comingle with the Project’s construction-related activities to elevate vibration levels experienced at off-site properties. Accordingly, there is no potential for the Modified Project to contribute to the exposure of persons to substantial temporary groundborne vibration or noise. Under long-term conditions, the Modified Project would not include or require equipment or activities that would result in perceptible groundborne vibration beyond the Modified Project Site. Trucks would travel to and from the Modified Project Site along local roadways; however, vibration levels for heavy trucks operating at the posted speed limits on paved surfaces are not perceptible beyond the roadway. The Modified Project would not cumulatively-contribute to the exposure of persons to excessive groundborne vibration or noise levels during long-term operation.

Airport Noise: The Modified Project would not involve the construction, operation, or use of any public airports or public use airports. There are no conditions associated with implementation of the Modified Project that would contribute airport noise or exposure of additional people to unacceptable levels of 860
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Findings of Fact and Statement of Overriding Considerations SCH No. 2022110389 70 airport noise. Accordingly, the Modified Project would have no potential to cumulatively-contribute to impacts associated with noise from a public airport, public use airport, or private airstrip.

Additionally, the Modified Project Site and the immediately surrounding area are not subject to substantial airport- or air traffic-related noise. Accordingly, there is no potential for cumulative development to expose persons residing or working in the Modified Project area to excessive airportrelated noise levels. (DEIR, p. 4.13-24).

2.5.14 Population And Housing
The Modified Project would not lead to substantial unplanned population growth or remove a substantial amount of housing that would require the construction of replacement housing elsewhere.

As such, the Modified Project does not have the potential to contribute to a cumulatively significant impact associated with the need to construct unplanned housing units. The Modified Project would supply employment opportunities for an estimated 445 to 555 persons. Although population growth resulting from the employment opportunities offered at the Modified Project Site is not expected because the Projects’ employees are expected to already live in the local area, based on the availability of a local workforce, the surrounding area has ample supply of housing (with additional housing development expected in the City into the future) to accommodate any population growth in the area that could indirectly occur due to employment-demand generation from the Modified Project and other developments in the area that will offer new employment opportunities. Citywide, Fontana has additionally planned for new housing to meet its RHNA allocation of 17,477 new housing units in the 2021-2029 planning period, for households at a range of income levels (Fontana, 2022). The creation of employment opportunities by the Modified Project would benefit the City and the larger Inland Empire region by helping to achieve a better jobs-to-housing balance and encouraging residents to work locally instead of commuting outside of the City for work. As such, the Project’s contribution to unplanned housing and population growth would not be cumulatively considerable. (DEIR, p. 4.14-7)

2.5.15 Public Services
The cumulative study area for public services encompasses the service area of the FFPD, Fontana Police Department, FUSD, and the San Bernardino County Library System, and assumes full buildout of the general plans for jurisdictions within these service areas.

Although the proposed Modified Project would be adequately served by fire protection services based on the proximity from the nearby fire station facility, the Modified Project would nonetheless result in an incremental increase in requests for service, which would affect the fire department’s ability to provide acceptable levels of service. These impacts include an increased number of emergency and public service calls due to the increased presence of structures, increased traffic volumes, and increased population. When considered in the context of on-going cumulative development throughout San Bernardino County, such impacts would be cumulatively considerable. However, the proposed Modified Project and all cumulative developments within San Bernardino County would be required to contribute DIF fees pursuant to County Ordinance No. 659. Mandatory DIF fee contributions by the Modified Project and cumulative developments would ensure that adequate funding is provided to the FFPD for the acquisition of additional facilities, equipment, and personnel. Accordingly, the proposed Project’s impact to the FFPD is evaluated as less-than-cumulatively considerable. 861
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Findings of Fact and Statement of Overriding Considerations SCH No. 2022110389 71 Although the Modified Project Site would be adequately served by police facilities, the increased population that would be generated by the Project, when considered in conjunction with other on-going development throughout Fontana, has the potential to adversely affect service response times.

However, the proposed Modified Project and all cumulative developments would be required to contribute DIF fees pursuant to City of Fontana Municipal Code Section 21-122, which the City uses in part to fund police protection services. Therefore, with mandatory payment of DIF fees, the Modified Project impacts to police protection services would be less-than-cumulatively considerable.

With respect to school services, the Modified Project would not directly increase the City’s population and is not expected to result in an indirect increase in the City’s population, and therefore would have no impact on school services. Regardless, the Modified Project Applicant would be required to contribute development impact fees to the FUSD in compliance with California Senate Bill 50 (SB 50, Greene). The payment of school mitigation impact fees authorized by SB 50 is deemed to provide “full and complete mitigation of impacts” on school facilities from the development of real property (California Government Code Section 65995). Accordingly, Modified Project impacts to school services would be less-than-cumulatively considerable.

The Modified Project would also have less-than-significant and less-than-cumulatively considerable impacts to library services because the Modified Project would not directly create a demand for public library facilities and would not directly result in the need to modify existing or construct new libraries.

Although the proposed Modified Project is not expected to result in an increase in the City’s service population, the construction and operation of three commerce center buildings on the Modified Project Site could result in an incremental increase in demand for health services due to the addition of employees in the area. Cumulative growth is not expected to result in or require the physical construction, expansion, or alteration of public health facilities; therefore, the Modified Project impacts would be less-than-cumulatively considerable. (DEIR, p. 4.15-9)

2.5.16 Recreation
The Modified Project proposes to develop the Modified Project Site with three commerce center buildings. Accordingly, the Modified Project does not include recreational facilities and the Modified Project does not propose any type of residential use or other land use which would generate a population that would require the construction or expansion of recreational facilities or existing neighborhood or regional parks. Accordingly, no cumulatively considerably impact associated with recreational facility development or use would occur as a result of development of the Project. The Modified Project would not impact any recreational facilities on a cumulatively considerable basis.

Cumulative effects associated with implementation of the Modified Project is evaluated throughout this EIR under the appropriate issue headings. Where cumulative impacts have been identified, mitigation measures have been imposed to reduce such impacts to the maximum feasible extent. There are no conditions that would result in cumulatively significant impacts to the environment that are not already disclosed by this EIR or that are inherent to recreation. Therefore, a cumulatively considerable impact associated with recreation facilities would not occur. (DEIR, p. 4.16-4) 862
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Findings of Fact and Statement of Overriding Considerations SCH No. 2022110389 72 2.5.17 Transportation
The Modified Project would conflict with Goal 1, Objective 1.A, of the Fontana Active Transportation Plan, which calls for a reduction of VMT by 4% by 2035. The Modified Project would generate 16.77 VMT per employee (approximately 15.34 percent above the existing baseline) and thereby would conflict with this objective, resulting in a cumulatively-considerable impact. (UC, 2023, p. 72).

The Modified Project would result in a significant and unavoidable VMT impact. Under cumulative traffic conditions, the VMT impact would be cumulatively considerable. In summary, SBTAM was utilized to calculate the Projects’ VMT, at 16.77 VMT per employee. The VMT for all traffic analysis scenarios including for future cumulative conditions is then normalized by dividing by the Modified Project TAZ’s employees. Modified Project Cumulative Year 2040 VMT per employee is 16.14, which is above the significance threshold of 14.54 VMT per employee by 11 percent. The Modified Project would not conflict with the San Bernardino County CMP none of the goals or policies within the CMP are applicable to private development projects. Therefore, would have no potential to contribute to a conflict with the CMP that would result in a cumulatively considerable environmental effect.

The following mitigation measure is imposed to address VMT impacts. (DEIR, p. 4.17-13) 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.

Finally, the Modified Project would not contribute to a significant cumulative impact under the topics discussed under Thresholds “c” and “d” because the Modified Project would not cause or exacerbate existing transportation design safety concerns or adversely affect emergency access and there are no cumulative development projects adjacent to the Modified Project Site that could contribute additive effects that could degrade motor vehicle or pedestrian safety or emergency vehicle access in proximity to the Modified Project Site. (DEIR, p. 4.17-13).

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 (DEIR, p. 4.17-14.).

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 Modified Project Site.

MM 4.17-3. The Modified Project Developer/Applicant and all successors in interest shall install and maintain signs at the Modified 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 863
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Findings of Fact and Statement of Overriding Considerations SCH No. 2022110389 73 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.

2.5.18 Tribal Cultural Resources
The potential for Modified Project construction to result in cumulatively-considerable impacts to tribal, religious, and cultural resources were analyzed in conjunction with other projects located in southwestern San Bernardino County and northwestern Riverside County that occur in the same tribal influence areas as the Modified Project Site. The other development projects within these areas would have a similar potential to uncover tribal cultural resources during construction activities. Therefore, the potential for Modified Project construction to impact tribal cultural resources is a cumulativelyconsiderable impact for which mitigation is required. (DEIR, p. 4.18-6) Mitigation Measures MMs 4.5-1 through 4.5-3 shall apply (DEIR, p. 4.18-5) 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 Modified 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 Modified Project while evaluation takes place.

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 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.

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.

Implementation of MMs 4.5-1 through 4.5- 3 would be reduced to less than significant. (DEIR, p. 4.18- 5)
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Findings of Fact and Statement of Overriding Considerations SCH No. 2022110389 74 2.5.19 Utilities And Service Systems
The Modified Project would require water, wastewater, and stormwater drainage services and infrastructure, as well as solid waste disposal during construction and operation of the Project.

Development of public utility infrastructure is part of an extensive planning process involving utility providers and jurisdictions with ministerial and discretionary review authority. The coordination process associated with the preparation of infrastructure plans is intended to ensure that adequate public utility services and resources are available to serve both individual development projects and cumulative growth in the region. Each individual development Modified Project is subject to review for utility capacity to avoid unanticipated interruptions in service or inadequate supplies. Because the comprehensive utility and service planning and coordination activities described above would ensure that new development projects do not disrupt or degrade the provision of utility services, cumulatively considerable impacts to utilities and service systems would not occur. (DEIR, p. 4.19-15)

2.5.20 Wildfire
The Modified Project Site does not contain any emergency facilities nor does it serve as an emergency evacuation route, and the Modified Project would not serve as an evacuation route under long-term conditions. During construction, and at Modified Project build-out, the proposed Modified Project would be required to maintain adequate access for emergency vehicles. Other cumulative developments similarly would be required to accommodate emergency access and facilities. As such, cumulatively-considerable impacts would be less-than-significant.

The Modified Project entail the development a property located in an area that is fully developed with limited non-irrigated vegetative fuel. The development of the Modified Project Site as proposed would reduce the risk of wildfire by transforming the property partially developed with residential housing and associated accessory structures into a developed property complete with irrigated landscaping, paving, and fire sprinkler systems in the buildings. As such, cumulatively-considerable impacts would be less-than-significant.

The Modified Project proposes to develop three commerce center buildings with associated site improvements. No components of the Modified Project would trigger the installation or maintenance of wildfire management features that could result in exacerbated fire risks. As such, cumulativelyconsiderable impacts would be less-than significant.

Under existing and proposed conditions, the Modified Project Site exhibits little topographic variation, and development on the Modified Project Site as proposed would not involve any uses containing natural vegetation or other features subject to wildland fire hazards. As such, the Modified Project has no potential to cumulatively contribute to impacts associated with the exposure of people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes. Cumulatively considerable impacts would not occur. (DEIR, p. 4.20-8)
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Findings of Fact and Statement of Overriding Considerations SCH No. 2022110389 75 2.6 Significant Irreversible Environmental Changes Which Would Be Caused by the Proposed Modified Project Should It Be Implemented
The CEQA Guidelines require EIRs to address any significant irreversible environmental changes that would be involved in the proposed action should it be implemented (CEQA Guidelines Section 15126.2(c)). An environmental change would fall into this category if: a) the Modified Project would involve a large commitment of non-renewable resources; b) the primary and secondary impacts of the Modified Project would generally commit future generations to similar uses; c) the Modified Project involves uses in which irreversible damage could result from any potential environmental accidents; or d) the proposed consumption of resources are not justified (e.g., the Modified Project results in the wasteful use of energy). (DEIR, p. 5-2)
Determining whether the Modified Project may result in significant irreversible environmental changes requires a determination of whether key non-renewable resources would be degraded or destroyed in such a way that there would be little possibility of restoring them. Natural resources, in the form of construction materials and energy resources, would be used in the construction of the proposed Project.

The consumption of these natural resources would represent an irreversible change to the environment.

However, development of the Modified Project Site would have no measurable adverse effect on the availability of such resources, including resources that may be non-renewable (e.g., construction aggregates, fossil fuels). Additionally, the Modified Project is required by law to comply with the California Green Building Standards Code (CALGreen) in effect at the time of building permit issuance, which will minimize the Projects’ demand for energy, including energy produced from nonrenewable sources. A more detailed discussion of Modified Project energy consumption is provided in EIR Subsection 4.6, Energy. (DEIR, p. 5-2)
Implementation of the Modified Project would commit the Modified Project Site to a three-building commerce center facility and reasonably comment a 5.0-acre parcel to developing with an industrial use. The land use proposed for the Modified Project Site is compatible with the existing industrial land use that is located to the south and west and also compatible with the use of Citrus Avenue (which abuts the Modified Project Site on the west) as a City-designated truck route. Accordingly, the Modified Project and its environmental effects would not compel or commit surrounding properties to land uses other than those that are existing today or those that are planned by the City’s General Plan.

For this reason, the Modified Project would not result in a significant, irreversible change to nearby, off-site properties. (DEIR, p. 5-2)
EIR Subsection 4.8, Hazards and Hazardous Materials, provides an analysis of the potential for hazardous materials to be transported to/from the Modified Project Site and/or used on the Modified Project Site during construction and operation. As concluded in Subsection 4.8, mandatory compliance with federal, State, and local regulations related to hazardous materials handling, storage, and use by all Modified Project construction contractors (near term) and occupants (long-term) would ensure that any hazardous materials used on-site would be safely and appropriately handled to preclude any irreversible damage to the environment that could result if hazardous materials were released from the Modified Project Site. (DEIR, p. 5-2)
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Findings of Fact and Statement of Overriding Considerations SCH No. 2022110389 76 As discussed in detail under EIR Subsection 4.5, Energy, the Modified Project would not result in a wasteful, inefficient, or unnecessary consumption of energy. Accordingly, the Modified Project would not result in a significant, irreversible change to the environment related to energy use. (DEIR, p. 5-3) Based on the above, Modified Project construction and operation would require the commitment of limited, slowly renewable and non-renewable resources. However, this commitment of resources would not be substantial and would be consistent with regional and local growth forecasts and development goals for the area. The loss of such resources would not be highly accelerated when compared to existing conditions, and such resources would not be used in an inefficient or wasteful manner. Modified Project construction and operation would adhere to the sustainability requirements of Title 24, Green Building Code, and CALGreen. Therefore, the Modified Project would not result in the commitment of large quantities of natural resources that would result in significant irreversible environmental changes. (DEIR, p. 5-3)

2.7 Growth-Inducing Impacts of the Proposed Project
CEQA requires a discussion of the ways in which the proposed Modified Project could be growth inducing. The CEQA Guidelines identify a Modified Project as growth inducing if it would foster economic or population growth or the construction of additional housing, either directly or indirectly, in the surrounding environment (CEQA Guidelines Section 15126.2(d)). New employees and new residential populations represent direct forms of growth. These direct forms of growth have a secondary effect of expanding the size of local markets and inducing additional economic activity in the area. (DEIR, p. 5-3)
A Modified Project could indirectly induce growth at the local level by increasing the demand for additional goods and services associated with an increase in population or employment and thus reducing or removing the barriers to growth. This typically occurs in suburban or rural environs where population growth results in increased demand for service and commodity markets responding to the new population of residents or employees. (DEIR, p. 5-3) According to regional population projections included in SCAG’s Connect SoCal, the City of Fontana’s population is projected to grow by 75,700 residents between 2016 and 2045 (approximately

0.99 percent annual growth) (SCAG, 2020). Over this same time period, employment in the City is expected to add 18,400 new jobs (approximately 0.84 percent annual job growth) (ibid). Economic growth would likely take place as a result of the Project’s operation as commerce center facilities. The Project’s employees (short-term construction and long-term operational) would purchase goods and services in the region, but any secondary increase in employment associated with meeting these goods and services demands is expected to be accommodated by existing goods and service providers and, based on the amount of existing and planned future commercial and retail services available in area near the Modified Project Site, would be highly unlikely to result in any unanticipated, adverse physical impacts to the environment. In addition, the Modified Project would create jobs, a majority of which would likely be filled by residents of the housing units either already built or planned for development within the City Fontana and nearby incorporated and unincorporated areas. Accordingly, because it is anticipated that most of the Project’s future employees would already be living in the City of Fontana or the immediate surrounding Inland Empire area, the Project’s introduction of new employment 867
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Findings of Fact and Statement of Overriding Considerations SCH No. 2022110389 77 opportunities on the Modified Project Site would not induce substantial growth in the area. (DEIR, p. 5-3)
Under CEQA, growth inducement is not considered necessarily detrimental, beneficial, or of little significance to the environment. Typically, growth-inducing potential of a Modified Project would be considered significant if it fosters growth or a concentration of population in excess of what is assumed in pertinent master plans, land use plans, or in projections made by regional planning agencies such as SCAG. Significant growth impacts also could occur if a Modified Project provides infrastructure or service capacity to accommodate growth beyond the levels currently permitted by local or regional plans and policies. In general, growth induced by a Modified Project is considered a significant impact if it directly or indirectly affects the ability of agencies to provide needed public services, or if it can be demonstrated that the potential growth significantly affects the environment in some other way. (DEIR, p. 5-4)
The area surrounding the Modified Project Site consist of public facilities to the north, public facilities and residential to the east, and industrial to the south and west. Development of the Modified Project Site is not expected to place short-term development pressure on abutting properties because these areas are already built-out. (DEIR, p. 5-4)
Based on the foregoing analysis, the Modified Project would not result in substantial, adverse growthinducing impacts. (DEIR, p. 5-4)

2.8 Modified Project Alternatives
The EIR analyzed three alternatives to the Modified Project as proposed and evaluated these alternatives for their ability to avoid or reduce the Project’s significant environmental effects while also meeting the majority of the Project’s objectives. The City finds that it has considered and rejected as infeasible the alternatives identified in the EIR and described below. This section sets forth the potential alternatives to the Modified Project analyzed in the EIR and evaluates them in light of the Modified Project objectives, as required by CEQA.

Where significant impacts are identified, section 15126.6 of the State CEQA Guidelines requires EIRs to consider and discuss alternatives to the proposed actions. Subsection (a) states:
(a) An EIR shall describe a range of reasonable alternatives to the project, or to the location of the project, which would feasibly attain most of the basic objectives of the Modified Project but would avoid or substantially lessen any of the significant effects of the project, and evaluate the comparative merits of the alternatives. An EIR need not consider every conceivable alternative to a project. Rather it must consider a reasonable range of potentially feasible alternatives that will foster informed decision-making and public participation. An EIR is not required to consider alternatives which are infeasible. The lead agency is responsible for selecting a range of Modified Project alternatives for examination and must publicly disclose its reasoning for selecting those alternatives. There is no ironclad rule governing the nature or scope of the alternatives to be discussed other than the rule of reason.
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Findings of Fact and Statement of Overriding Considerations SCH No. 2022110389 78 Subsection 15126.6(b) states the purpose of the alternatives analysis:
(b) Because an EIR must identify ways to mitigate or avoid the significant effects that a Modified Project may have on the environment (Public Resources Code Section 21002.1), the discussion of alternatives shall focus on alternatives to the Modified Project or its location which are capable of avoiding or substantially lessening any significant effects of the project, even if these alternatives would impede to some degree the attainment of the Modified Project objectives, or would be more costly.

In subsection 15126.6(c), the State CEQA Guidelines describe the selection process for a range of reasonable alternatives:
(c) The range of potential alternatives to the proposed Modified Project shall include those that could feasibly accomplish most of the basic objectives of the Modified Project and could avoid or substantially lessen one or more of the significant effects. The EIR should briefly describe the rationale for selecting the alternatives to be discussed. The EIR should also identify any alternatives that were considered by the lead agency but were rejected as infeasible during the scoping process and briefly explain the reasons underlying the lead agency’s determination. Additional information explaining the choice of alternatives may be included in the administrative record. Among the factors that may be used to eliminate alternatives from detailed consideration in an EIR are: (i) failure to meet most of the basic Modified Project objectives, (ii) infeasibility, or (iii) inability to avoid significant environmental impacts.

The range of alternatives required is governed by a “rule of reason” that requires the EIR to set forth only those alternatives necessary to permit a reasoned choice. The EIR shall include sufficient information about each alternative to allow meaningful evaluation, analysis, and comparison with the proposed Project. Alternatives are limited to ones that would avoid or substantially lessen any of the significant effects of the Project. Of those alternatives, the EIR need examine in detail only the ones that the lead agency determines could feasibly attain most of the basic objectives of the Project.

2.8.1 Alternatives Considered but not Carried Forward for Detailed Analysis Section 15126.6(c) of the State CEQA Guidelines specifies that an EIR should (1) identify alternatives that were considered by the lead agency but were eliminated from detailed consideration because they were determined to be infeasible during the scoping process; and (2) briefly explain the reasons underlying the lead agency’s determination. Among the factors that may be used to eliminate alternatives from detailed consideration in an EIR are: (i) failure to meet most of the basic Modified Project objectives; (ii) infeasibility; and/or (iii) inability to avoid significant environmental impacts.

The following alternative was considered but not carried forward:

A. No Development Alternative
The No Development Alternative considers no development on the Modified Project Site beyond what occurs on the Site under existing conditions. Under this Alternative, the residential uses on the approximately 29.2-acre Modified Project Site would be retained while the undeveloped portions of the Site would be kept vacant for the foreseeable future. No roadway frontage improvements including 869
Citrus and Oleander Avenue at Santa Ana Avenue Project
Findings of Fact and Statement of Overriding Considerations SCH No. 2022110389 79 sidewalks would occur on Citrus Avenue, Santa Ana Avenue, or Oleander Avenue. This Alternative was used to compare the environmental effects of the proposed Modified Project with an alternative that would leave the property in its existing state. (DEIR, p. 6-2) Implementation of the No Development Alternative would result in no physical environmental impacts to the Modified Project Site beyond those that have historically occurred on the Modified Project Site and that will continue to occur into the future from routine activities. All potentially significant effects of the Modified Project would be avoided by the selection of this Alternative. However, the No Development Alternative would not facilitate frontage sidewalk improvements to Citrus Avenue, Santa Ana Avenue, and Oleander Avenue and would not generate or accommodate demand for additional housing. Because the No Development Alternative would not result in development of the Modified Project Site and would not promote local economic development, including through the creation of new jobs and the expansion of the local tax base, the No Development Alternative would not meet the Project’s objectives. (DEIR, p. 6-10)

2.8.2 Alternatives Selected for Analysis in the EIR
The alternatives selected for further detailed review within the EIR focus on alternatives that could the Project’s significant environmental impacts, while still meeting most of the basic Modified Project objectives. Those alternatives include:

A. No Modified Project Alternative
The No Modified Project Alternative considers the development of the Modified Project Site in accordance with its existing land use designation of “Residential Planned Community (R-PC)” and “Multi-Family Medium/High Residential (R-MFMH)” land uses. The R-PC land use designation allows up to 6.4 dwelling units per acre and the R-MFMH land use designation allows up to 39 dwelling units per acre. Under this alternative, the Modified Project Site is assumed to be developed with high density residential housing. Containing approximately 19.6 acres of R-PC designated property and 9.8 acres of R-MFMH designated property, this alternative assumes 125 dwelling units on the R-PC designated property and 382 dwelling units on the R-MFMH designated property for a total of 507 multi-family residential units on the Modified Project Site. The R-MFMH would have a maximum permitted lot coverage of 70% and the R-PC would have a maximum permitted lot coverage of 45%.

Building heights would be up to 55-feet. The extent of physical ground disturbance is expected to be the same as would occur under the proposed Project. This alternative is considered to compare the environmental effects of the Modified Project against a development proposal that conforms to the land use standards and development regulations prescribed by the City of Fontana General Plan and Municipal Code under the Modified Project Site’s existing land use and zoning designations (DEIR, pp. 6-2 to 6-3)
The No Modified Project Alternative would result in the development of 507 multi-family residential units with a maximum lot coverage of 70% and 55-foot structure height across the remainder of Modified Project Site. Implementation of the No Modified Project Alternative would result in identical physical environmental impacts as compared to the Modified Project related to biological resources, geology and soils, cultural resources, and tribal cultural resources because the extent and depth of ground disturbance would be similar. Although the building type would be different (multi-family 870
Citrus and Oleander Avenue at Santa Ana Avenue Project
Findings of Fact and Statement of Overriding Considerations SCH No. 2022110389 80 residential instead of commerce center development), the intensity of use on the site would be similar resulting in similar less than significant construction-related effects and long-term effects associated with aesthetics, public services, utilities and service systems, and wildfire. Because truck traffic would be less under the No Modified Project Alternative, but total vehicle trips would likely increase, operational impacts related to air quality, GHG, and noise would be similar under the No Modified Project Alternative and the GHG impact and short-term construction-related vibration impact would remain significant and unavoidable. The Project’s VMT impact would be omitted as the No Modified Project Alternative’s VMT impact would be based on service population and less than significant. The No Modified Project Alternative would not meet any of the Project’s objectives. (DEIR, p. 6-16) B. Reduced Modified Project Alternative
The Reduced Modified Project Alternative considers the development of the Modified Project with any of the three buildings being developed in any combination. Under these Alternatives, only Building 1 could be developed, only Building 2 could be developed, only Building 3 could be developed, or any combination of two buildings could be developed, including Buildings 1 and 2, Buildings 1 and 3, or Buildings 2 and 3. Areas not developed with a building would retain their existing condition. These alternatives are used to evaluate scenarios that would reduce the total building area on the Modified Project site relative to the Modified Project but still allow productive commerce center on portions of the Modified Project Site. (DEIR, p. 6-3)
The Reduced Modified Project Alternative scenario in which only one building would be implemented would reduce the Project’s significant and unavoidable GHG emission impacts but a scenario in which two buildings would be implemented, the GHG impact would be reduced but not to below a level of significance. In all scenarios of any one or a combination of two buildings being implemented, the alternative would reduce the Project’s less than significant impacts to biological resources, cultural resources, energy, geology and soils, hydrology and water quality, noise, public services, recreation, tribal cultural resources, and utilities and service systems. The Reduced Modified Project Alternative would increase impacts associated with wildfire potential due a portion of the site remaining undeveloped or in residential use. All other impacts from the Reduced Modified Project Alternative would be similar to the Project.

The Reduced Modified Project Alternative would meet all of the Project’s objectives; however, only a portion of the Modified Project would be constructed and become operational, and a portion of the Modified Project Site would remain undeveloped or in residential use. As such, the Modified Project objectives would be met to a lesser extent than the Project. (DEIR, p. 6-22)

2.8.3 Environmentally Superior Alternative
Section 15126.6(e)(2) of the CEQA Guidelines indicates that an analysis of alternatives shall identify an environmentally superior alternative among the alternatives evaluated in the EIR. In general, the environmentally superior alternative as defined by CEQA should minimize adverse impacts to the Modified Project Site and its surrounding environment. (DEIR, p. 6-23) Both the No Development Alternative and No Modified Project Alternative would avoid or reduce all or some of the Project’s significant environmental impacts and, therefore, can be considered 871
Citrus and Oleander Avenue at Santa Ana Avenue Project
Findings of Fact and Statement of Overriding Considerations SCH No. 2022110389 81 environmentally superior to the Project. Both the No Development Alternative and No Modified Project Alternative are considered to be a “no project” alternative as defined by CEQA Guidelines Section 15126.6(e)(3). If a “no project” alternative is identified as the environmentally superior alternative then the EIR shall also identify an environmentally superior alternative among the other alternatives (see CEQA Guidelines Section 15126.6(e)(2). (DEIR, p. 6-23) The Reduced Modified Project Alternative, in the scenarios of only Building 1 or only Building 3 being implemented, is the Environmentally Superior Alternative, although it does not meet the Modified Project objectives to the extent as the Project. (DEIR, p. 6-23)

3.0 Statement of Overriding Considerations
The City Council hereby declares that it has balanced the benefits of the Modified Project against any unavoidable environmental impacts in determining whether to approve the Project. Pursuant to the CEQA Guidelines Section 15093, if the benefits of the Modified Project outweigh its unavoidable adverse environmental impacts, those impacts may be considered “acceptable.” Having reduced the adverse significant environmental effects of the Modified Project to the extent feasible by adopting the Mitigation Measures contained in the EIR, the Mitigation Monitoring and Reporting Program (MMRP), and herein, having considered the entire administrative record on the Project, and having weighed the benefits of the Modified Project against its unavoidable adverse impacts after implementation of all feasible mitigation, the City Council has determined that each of the following social, economic and environmental benefits of the Modified Project separately and individually outweigh the potential unavoidable adverse impact and render those potential adverse environmental impacts acceptable based upon the following overriding considerations:

A. The Modified Project provides for the development of a functional, well serviced, and attractive commerce center development that improves and maximizes economic viability within the City by the orderly transition of both developed and vacant land into productive commerce center use.

B. The Modified Project attracts new employment-generating business to the City of Fontana thereby increasing household earnings and reducing the need for members of the local workforce to commute outside the area for employment.

C. The Modified Project provides for public roadway frontage improvements including a public sidewalk on Citrus Avenue, Santa Ana Avenue, and Oleander Avenue.

D. The Modified Project will allow a property to be developed as a productive, revenue-generating facility that will contribute revenue to the City of Fontana on an ongoing basis and allow the City to improve the level of services it can provide to its residents and businesses.

E. The Modified Project will assist in meeting the substantial demand for commerce buildings in the City and across the Inland Empire and will promote a mix of land uses along Santa Ana Avenue that provide for a sound and diversified economic base and ample employment opportunities for the citizens of Fontana.
872
Citrus and Oleander Avenue at Santa Ana Avenue Project
Findings of Fact and Statement of Overriding Considerations SCH No. 2022110389 82 F. Through Modified Project design features, mandatory compliance with the CALGreen, and the implementation of the mitigation measures contained in the Final EIR, the Modified Project will implement energy conservation measures and include contemporary energy efficient/energy conserving designs and operational programs.

The City Council hereby declares that the foregoing benefits provided to the public through the approval and implementation of the Modified Project outweigh the identified significant adverse environmental impact of the Modified Project that cannot be mitigated to a less than significant level.

The City Council finds the Project’s benefits separately and individually outweigh all of the unavoidable adverse environmental effects identified in the EIR and therefore finds those impacts to be acceptable.

4.0 Additional Facts on Record

4.1 Adoption of a Monitoring Plan for Mitigation Measures Pursuant to Section 21081.6 of the Public Resources Code, the City of Fontana hereby adopts the Mitigation Monitoring and Reporting Program (“MMRP”). The City finds that the MMRP is designed to ensure compliance with the changes (i.e., mitigation measures) imposed on the Modified Project to mitigate or avoid effects on the environment during Modified Project implementation. The MMRP is on file with the City of Fontana Planning Department, 8353 Sierra Avenue, Fontana, CA 92335.

4.2 Custodian of Record
The documents and materials that constitute the record of proceedings on which these findings have been based are located at the City of Fontana Planning Department, 8353 Sierra Avenue, Fontana, CA 92335. The custodian for these records is Salvador Quintanilla, Senior Planner. This information is provided in compliance with Public Resources Code Section 21081.6. 873

EXHIBIT B

MITIGATION, MONITORING, AND REPORTING PROGRAM
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Citrus and Oleander Avenue at Santa Ana Avenue Modified Project Mitigation, Monitoring and Reporting Program Lead Agency: City of Fontana SCH No. 2022110389

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Fontana City CouncilNovember 14, 2023

Fontana City Council
November 14, 2023