Fontana City Council
November 15, 2023

Mitigation, Monitoring and Reporting Program

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1.1 Aesthetics
Summary of Impacts
Threshold a: Less-than-Significant
Impact. The Modified Project Site
does not comprise all or part of a
scenic vista and does not contain
any visually prominent scenic
features. No unique views to scenic
vistas are visible from the property.

The Modified Project would not
substantially change a scenic view
or substantially block or obscure a
scenic vista; therefore, impacts to
scenic vistas would be less-thansignificant.

No mitigation is required. N/A N/A N/A Less-than-Significant Impact
Threshold b: No Impact. The
Modified Project Site is not located
within the viewshed of a scenic
highway and, therefore, the
Modified Project Site does not
contain any scenic resources
visible from a scenic highway.

No mitigation is required. N/A N/A N/A No Impact
Threshold c: No Impact. The
Modified Project would not
conflict with applicable zoning and
other regulations governing scenic
quality during Modified Project
No mitigation is required. N/A N/A N/A No Impact
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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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construction or operation.

Although the Modified Project
would change the visual character
of the Site from residential use and
vacant land to industrial use, the
Project’s surrounding area is
primarily urbanized land uses.

Furthermore, the Modified Project
proposes a number of site design,
architectural, and landscaping
elements consistent with the
requirements of SWIP Specific
Plan that would ensure the
Project’s character is consistent
with the planned vision for the
Specific Plan area. Impacts due to a
conflict with applicable zoning and
other regulations governing scenic
quality would be less-thansignificant.

Threshold d: Less-than-Significant
Impact. Compliance with Fontana
Municipal Code and Fontana
General Plan requirements for
artificial lighting would ensure
less-than-significant impacts
associated with light and glare
affecting day or nighttime views in
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
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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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the area from on-site lighting
elements.

1.2 Agriculture and Forestry
Summary of Impacts
Threshold a: No Impact. As
mapped by the DOC’s FMMP, the
Modified Project Site is classified
by the FMMP as “Urban Built-Up
Land” and “Other Land.” Based on
the FMMP, the Modified Project
Site does not contain any Prime
Farmland, Unique Farmland,
Farmland of Statewide Importance,
or Farmland of Local Importance.

As such, the Modified Project
would not convert FMMPdesignated Farmland to a nonagricultural use, and no impact would occur.

No mitigation is required. N/A N/A N/A No Impact
Threshold b: No Impact. The
Modified Project Site is not zoned
for agricultural use, is not used for
agricultural production, and is not
subject to any Williamson Act
contracts. Therefore, no impacts
would occur.

No mitigation is required. N/A N/A N/A No Impact
Threshold c: No Impact. The
Modified Project would have no
impact to off-site properties that are
No mitigation is required. N/A N/A N/A No Impact
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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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agriculturally zoned as no
surrounding property is currently
used primarily for agricultural
purposes.

Threshold d and e: No Impact.

There are no forest lands in the
Modified Project vicinity, and no
lands in the Modified Project
vicinity are zoned for timberland,
timberland production, or forest
uses. The Modified Project would
not result in the conversion of
forest land to non-forest use. No
impact would occur.

No mitigation is required. N/A N/A N/A No Impact

1.3 Air Quality
Summary of Impacts
Threshold a: Less-than-Significant
Impact. The Modified Project
would neither contribute to a delay
in the attainment of federal and
State air quality standards in the
SCAB nor exceed local growth
projections. Accordingly, the
Modified Project would not
conflict with or obstruct
implementation of the SCAQMD’s
AQMP.

No mitigation is required. N/A N/A N/A Less-than-Significant Impact
Threshold b: Less-than-Significant
Impact. Modified Project
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
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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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construction and operational
activities would not exceed the
applicable SCAQMD regional
threshold for any criteria pollutant.

Thus, the Modified Project would
not contribute cumulatively
considerable volumes of any air
pollutant for which the SCAB does
not attain federal or State air quality
standards.

Threshold c: Less-than-Significant
Impact. Implementation of the
Modified Project would not: 1)
exceed applicable SCAQMD
localized criteria pollution
emissions thresholds during
construction and operation; 2)
would not expose sensitive
receptors to toxic air contaminants
(i.e., DPM) that exceed the
applicable SCAQMD carcinogenic
and non-carcinogenic risk
thresholds; and 3) would not cause
or contribute to the formation of a
CO “hot spot.”
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
Threshold d: Less-than-Significant
Impact. The Modified Project
would not produce air emissions
that would lead to unusual or
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
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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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substantial construction-related or
operational-related odors. The
Modified Project is required to
comply with SCAQMD Rule 402,
which prohibits the discharge of
odorous emissions that would
create a public nuisance.

1.4 Biological Resources
Summary of Impacts
Threshold a: No Impact. The
Modified Project Site does not
contain or support any specialstatus plant or wildlife species. As such, implementation of the
proposed Modified Project would
not have a substantial adverse
effect, either directly or through
habitat modifications, on any
species identified as a candidate,
sensitive, or special status species
in local or regional plans, policies,
or regulations, or by the California
Department of Fish and Game or
U.S. Fish and Wildlife Service, and
no impact would occur.

No mitigation is required. N/A N/A N/A No Impact
Threshold b.: No Impact. The
Modified Project Site does not
contain riparian and/or other
sensitive natural habitats;
No mitigation is required. N/A N/A N/A No Impact
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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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therefore, the Modified Project
would have no impact on riparian
or other sensitive habitats as
classified by the CDFW or
USFWS.

Threshold c: No Impact. No Stateor federally-protected wetlands are located on the Modified Project
Site; therefore, no impact to
wetlands would occur.

No mitigation is required. N/A N/A N/A No Impact
Threshold d: Significant Direct and
Cumulatively-Considerable
Impact. There is no potential for
the Modified Project to interfere
with the movement of fish or
impede the use of a native wildlife
nursery site. However, the
Modified Project has the potential
to impact nesting migratory birds
protected by the MBTA and
California Fish and Game Code,
should habitat removal occur
during the nesting season and
should nesting birds be present.

MM 4.4-1 Vegetation clearing and ground
disturbance shall be prohibited during the
migratory bird nesting season (January 31
through September 1), unless a migratory
bird nesting survey is completed in
accordance with the following
requirements:
a) A nesting bird survey shall be
conducted on the Modified Project Site
and within suitable habitat located
within a 500-foot radius of the Modified
Project Site by a qualified biologist
within three days prior to initiating
vegetation clearing or ground
disturbance.
b) If the survey identifies the presence of
active nests, then the nests shall not be
Modified Project
Applicant; Modified
Project Biologist
City of Fontana Prior to the issuance
of a grubbing permit
or grading permit and
within 3 days of
ground-disturbing
activities
Less-than-Significant
Impact with
Mitigation
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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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disturbed unless the qualified biologist
verifies through non-invasive methods
that either (i) the adult birds have not
begun egg-laying and incubation; or (ii)
the juveniles from the occupied nests
are capable of independent survival.
c) If the biologist is not able to verify any
of the conditions from sub-item “b,”
above, then no disturbance shall occur
within a buffer zone specified by the
qualified biologist for each nest or
nesting site. The buffer zone shall be
species-appropriate (no less than 100-
foot radius around the nest for nonraptors and no more than a 500-foot radius around the nest for raptors) and
shall be sufficient to protect the nest
from direct and indirect impacts from
construction activities. The size and
location of buffer zones, if required,
shall be based on consultation with the
California Department of Fish and
Wildlife and the U.S. Fish and Wildlife
Service and shall be subject to review
and approval by the City. The nests and
buffer zones shall be field checked
weekly by a qualified biological
monitor. The approved buffer zone shall
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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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be marked in the field with construction
fencing, within which no vegetation
clearing or ground disturbance shall
commence until the qualified biologist
with City concurrence verify that the
nests are no longer occupied and/or
juvenile birds can survive
independently from the nests.

Threshold e: No Impact. The
Modified Project would not
conflict with any local policies or
ordinances protecting biological
resources.

No mitigation is required. N/A N/A N/A No Impact
Threshold f: No Impact. The
Modified Project impact area is not
located within the boundaries of
any adopted Habitat Conservation
Plan, Natural Community
Conservation Plan, or other
approved local, regional, or State
habitat conservation plan.

Therefore, no impact would occur.

No mitigation is required. N/A N/A N/A No Impact

1.5 Cultural Resources
Summary of Impacts
Threshold a: Less than Significant
Impact. Thirteen historic-period
residences and outbuildings are
located on the Modified Project
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
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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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Site that would be demolished to
construct the Project, but the
structures do not meet the CEQA
Guidelines Section 15064.5
definition of a significant historical
resource. Therefore, no significant
historic resources could be altered
or destroyed by construction or
operation of the Project, and
impacts to historic resources would
be less than significant.

Threshold b: Potentially
Significant Direct and
Cumulatively-Considerable
Impact. No known prehistoric
resources are present on the
Modified Project Site and the
likelihood of uncovering buried
prehistoric resources on the
Modified Project Site is low due to
the magnitude of past ground
disturbance on the Modified
Project Site. Nonetheless, the
potential exists for Project-related
construction activities to result in a
direct and cumulativelyconsiderable impact to significant subsurface prehistoric
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
Modified Project
Applicant; Modified
Project
Archaeologist
City of Fontana
Building and
Safety Department
If cultural, tribal
cultural, or
archaeological
resources are found
during the Project’s
construction
Less-than-Significant
Impact with
Mitigation
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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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archaeological resources should
such resources to be discovered
during Project-related construction
activities.
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.

Modified Project
Applicant; Modified
Project
Archaeologist
City of Fontana
Building and
Safety Department
If a significant
archaeological
resource is discovered
during the Project’s
construction
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
Modified Project
Applicant; Modified
Project
Archaeologist
City of Fontana
Building and
Safety Department
During construction
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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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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.

Threshold c: Less than Significant
Impact. In the unlikely event that
human remains are discovered
during Modified Project grading or
other ground disturbing activities,
the Modified Project would be
required to comply with the
applicable provisions of California
Health and Safety Code
Section 7050.5 and California
Public Resources Code
Section 5097 et seq. Mandatory
compliance with State law would
ensure that any discovered human
remains are appropriately treated
and would preclude the potential
for significant impacts.

No mitigation is required. N/A N/A N/A Less-than-Significant Impact

1.6 Energy
Summary of Impacts
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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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Threshold a: Less-than-Significant
Impact. The amount of energy and
fuel consumed by construction and
operation of the Modified Project
would not be inefficient, wasteful,
or unnecessary. Furthermore, the
Modified Project would not cause
or result in the need for additional
energy facilities or energy delivery
systems.

No mitigation is required. N/A N/A N/A Less-than-Significant Impact
Threshold b: Less-than-Significant
Impact. The Modified Project
would not cause or result in the
need for additional energy
production or transmission
facilities. The Modified Project
would not conflict with or obstruct
the achievement of energy
conservation goals within the State
of California identified in State and
local plans for renewable energy
and energy efficiency.

No mitigation is required. N/A N/A N/A Less-than-Significant Impact

1.7 Geology and Soils
Summary of Impacts
Threshold a: Less-than-Significant
Impact. Implementation of the
Modified Project would not expose
people or structures to substantial
direct or indirect adverse effects
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
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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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related to liquefaction or fault
rupture. The Modified Project Site
is subject to seismic ground
shaking associated with
earthquakes; however, mandatory
compliance with local and State
regulatory requirements and
building codes would ensure that
the Modified Project minimizes
potential hazards related to seismic
ground shaking to less-thansignificant levels.

Threshold b: Less-than-Significant
Impact. Implementation of the
Modified Project would not result
in substantial soil erosion or loss of
topsoil. The Modified Project
Applicant would be required to
obtain a National Pollutant
Discharge Elimination System
(NPDES) permit for construction
activities and adhere to a Storm
Water Pollution Prevention Plan
(SWPPP), and prepare an erosion
control plan to minimize water and
wind erosion. Following
completion of development, the
Project’s owner or operator would
be required by law to implement a
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
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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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Water Quality Management Plan
(WQMP) during operation, which
would preclude substantial erosion
impacts in the long-term.

Threshold c: Less-than-Significant
Impact. There is no potential for the
Project’s construction or operation
to cause, or be impacted by, on- or
off-site landslides or lateral
spreading. Potential hazards
associated with unstable soils
would be precluded through
mandatory adherence to the
recommendations contained in the
Project’s site-specific geotechnical
reports during Modified Project
construction.

No mitigation is required. N/A N/A N/A Less-than-Significant Impact
Threshold d: No Impact. The
Modified Project Site contains soils
with no susceptibility to expansion;
therefore, the Modified Project
would not create substantial direct
or indirect risks to life or property
associated with the presence of
expansive soils. No impact would
occur.

No mitigation is required. N/A N/A N/A No Impact
Threshold e: No Impact. No septic
tanks or alternative wastewater
disposal systems are proposed to be
No mitigation is required. N/A N/A N/A No Impact
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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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installed on the Modified Project
Site. Accordingly, no impact would
occur associated with soil
compatibility for wastewater
disposal systems.

Threshold f: Direct and
Cumulatively-Considerable
Impact. The Modified Project
would not impact any known
paleontological resource or unique
geological feature. However, the
Modified Project Site is underlain
by older alluvium soils with a high
sensitivity for paleontological
resources. Accordingly,
construction activities on the
Modified Project Site have the
potential to unearth and adversely
impact paleontological resource
that may be buried beneath the
ground surface.

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.

Modified Project
Applicant; Modified
Project
Paleontologist
City of Fontana
Building and
Safety Department
Prior to the issuance
of a grading permit
Less-than-Significant
Impact with
Mitigation
Incorporated
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
Modified Project
Applicant; Modified
Project
Paleontologist
City of Fontana
Building and
Safety Department
During earth
disturbance activities
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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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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.

Modified Project
Applicant; Modified
Project
Paleontologist
City of Fontana
Building and
Safety Department
If a significant
paleontological
resource is discovered
on the Modified
Project Site
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
Modified Project
Applicant; Modified
Project
Paleontologist
City of Fontana
Building and
Safety Department
Prior to issuance of
first occupancy permit
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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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the City of Fontana prior to issuance of the
first occupancy permit.

1.8 Greenhouse Gas Emissions
Summary of Impacts
Threshold a: Cumulatively
Considerable Impact. The
Modified Project would exceed the
SCAQMD significance threshold
of 3,000 MTCO2e per year. As
such, the Modified Project would
generate substantial, cumulativelyconsiderable GHG emissions that may have a significant impact on
the environment.

MM 4.8-1 No portion of the buildings shall
include cold storage space.

MM 4.8-2 Building roofs shall be solarready and shall be outfitted with a solar photovoltaic system that either supplies 100
percent of the building user’s anticipated
electricity demand or is the maximum size
feasible given applicable Building Code
requirements, clearance requirements
around roof-mounted equipment, Southern
California Edison interconnection
regulations, transformer capacity, and other
code compliance constraints. Prior to
issuance of a shell building permit, the City
of Fontana shall verify that all or part of the
roof structure is designed to support the
installation of solar panels. The roofmounted solar photovoltaic systems shall be installed within 12 months of issuance of
the first occupancy permit.

Modified Project
Applicant
Modified Project
Applicant
City of Fontana
Building and
Safety Department
City of Fontana
Building and
Safety Department
Prior to issuance of a
building permit
Prior to issuance of a
building permit
Significant
Unavoidable
CumulativelyConsiderable Impact
Threshold b: Less-than-Significant
Impact. The Modified Project
would be consistent with or
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
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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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otherwise would not conflict with,
applicable regulations, policies,
plans, and policy goals that would
further reduce GHG emissions.

1.9 Hazards and Hazardous Materials
Summary of Impacts
Thresholds a and b: Less-thanSignificant Impact. During Modified Project construction and
operation, mandatory compliance
to federal, State, and local
regulations would ensure that the
Modified Project would not create
a significant hazard to the
environment due to routine
transport, use, disposal, or upset of
hazardous materials.

No mitigation is required. N/A N/A N/A Less-than-Significant Impact
Threshold c: Less-than-Significant
Impact. The Modified Project Site
is located within one-quarter mile
of Jurupa Hills High School,
Fontana Adult School, and Citrus
High School; however, the
Modified Project would comply
with applicable federal, State, and
local regulations related to the
handling, storage, use, and
transport of hazardous materials to
ensure that students at Jurupa Hills
Even though impacts would be less-thansignificant with the Modified Project Applicant’s compliance to applicable
federal, State, and local regulations
addressing hazardous materials, the
following mitigation measures are
recommended to ensure regulatory
compliance.

MM 4.9-1 Prior to the issuance of any new
occupancy permit for a use/user within the
Project’s commerce center buildings, and to
Modified Project
Applicant
City of Fontana
Building and
Safety Department
Prior to issuance of
first occupancy permit
Less-than-Significant
Impact
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High School, Fontana Adult
School, and Citrus High School are
not exposed to substantial
hazardous emissions or acutely
hazardous materials, substances, or
waste.
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.
564
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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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.

Threshold d: No Impact. The
Modified Project Site is not located
on any list of hazardous materials
sites complied pursuant to
Government Code
Section 65962.5.

No mitigation is required. N/A N/A N/A No Impact
Threshold e: Less-than-Significant
Impact. The Modified Project is
consistent with the restrictions and
requirements of the ONT ALUCP.

As such, the Modified Project
would not result in an airport safety
hazard for people residing or
working in the Modified Project
area.

No mitigation is required. N/A N/A N/A Less-than-Significant Impact
Threshold f: Less-than-Significant
Impact. The Modified Project Site
does not contain any emergency
facilities nor does it serve as an
emergency evacuation route.

During construction and long-term
operation, adequate emergency
vehicle access is required to be
provided. Accordingly,
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
565
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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implementation of the Modified
Project would not impair
implementation of or physically
interfere with an adopted
emergency response plan or an
emergency evacuation plan.

Threshold g: No Impact. The
Modified Project Site is not located
in close proximity to wildlands or
areas with high fire hazards. Thus,
the Modified Project would not
expose people or structures to a
significant wildfire risk.

No mitigation is required. N/A N/A N/A No Impact

1.10 Hydrology and Water Quality
Summary of Impacts
Threshold a: Less-than-Significant
Impact. The Modified Project
would not violate any water quality
standards or waste discharge
requirements or otherwise
substantially degrade surface or
ground water quality. Adherence
to a SWPPP and WQMP is required
as part of the Project’s
implementation to address
construction- and operationalrelated water quality.

No mitigation is required. N/A N/A N/A Less-than-Significant Impact
Threshold b: Less-than-Significant
Impact. The Modified Project
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
566
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would not physically impact any of
the major groundwater recharge
facilities in the Chino Groundwater
Basin. 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.

Threshold c: Less-than-Significant
Impact. The Modified Project
would be required to comply with
applicable water quality regulatory
requirements to minimize erosion
and siltation. Additionally, the
Modified Project would not result
in flooding on- or off-site or
impede/redirect flood flows.

Lastly, the Modified Project would
not create or contribute runoff that
would exceed the capacity of
existing or planned stormwater
drainage systems or provide
substantial additional sources of
polluted runoff.

No mitigation is required. N/A N/A N/A Less-than-Significant Impact
Threshold d: No Impact. The
Modified Project Site would not be
No mitigation is required. N/A N/A N/A No Impact
567
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subject to inundation from
tsunamis, seiches, or other hazards.

Threshold e: Less-than-Significant
Impact. The Modified Project
would not conflict with or obstruct
implementation of a water quality
control plan or sustainable
groundwater management plan.

No mitigation is required. N/A N/A N/A Less-than-Significant Impact

1.11 Land Use Planning
Summary of Impacts
Threshold a: Less-than-Significant
Impact. The Modified Project
would not physically divide an
established community.

No mitigation is required. N/A N/A N/A Less-than-Significant Impact
Threshold b: Less-than-Significant
Impact. The Modified Project
proposes to change the General
Plan land use designation and the
zoning designation, however, 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.

No mitigation is required. N/A N/A N/A Less-than-Significant Impact

1.12 Mineral Resources
Summary of Impacts
Threshold a and b: No Impact. The
Modified Project Site does not
contain any known mineral
No mitigation is required. N/A N/A N/A No Impact
568
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resources that would be of value to
the region or the residents of the
State. As such, the Modified
Project would not result in the loss
of availability of a locallyimportant mineral resource recovery site delineated on a local
general plan, specific plan, or other
land use plan and no impact would
occur.

1.13 Noise
Summary of Impacts
Threshold a: Less-than-Significant
Impact. The Modified Project
would generate short-term
construction and long-term
operational noise but would not
generate noise levels that exceed
the standards established by the
Fontana General Plan or Municipal
Code.

No mitigation is required. N/A N/A N/A Less-than-Significant Impact
Threshold b: Significant Direct
Impact. The Project’s construction
activities would exceed the
Fontana Adult School relocatable
classrooms damage thresholds at
the building façade.

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
Modified Project
Applicant
City of Fontana
Building and
Safety Department
Prior to issuance of a
grading permit for the
Building 2 site; prior
to issuance of a
building permit for
Building 2 and during
construction
Significant Direct
Short-Term
Unavoidable Impact
569
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adjoins the Fontana Adult School. The noise
control barrier shall include the following:
a) The noise control barrier must present a
solid face from top to bottom.
b) The noise barrier shall be constructed
using one of the following materials
with no decorative cutouts or line-ofsight openings between shielded areas and the noise source:
 An acoustical blanket (e.g. vinyl
acoustic curtains, quilted
blankets, or equivalent) attached
to the construction site perimeter
fence or equivalent temporary
fence posts.
 Any combination of these
construction materials satisfying a
weight of at least 4 pounds per
square foot of face area.
c) The noise barrier shall be maintained,
and any damage promptly repaired.

Gaps, holes, or weaknesses in the
barrier or openings between the barrier
and the ground shall be promptly
repaired.
570
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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.

MM 4.13-2 As a condition of the Building
2 grading permit and building permit,
during construction activities, when the
Fontana Adult School relocatable
classrooms are occupied, a 20-foot buffer
setback will be required for the operation of
large pieces of construction equipment. No
large, loaded trucks, heavy mobile
equipment greater than 80,000 pounds, jack
hammers or vibratory roller shall occur
within 20-feet of occupied structures.

Instead, small rubber-tired or alternative
equipment, as well as soil compaction
equipment shall be used during Modified
Project construction to reduce vibration
effects on nearby Fontana Adult School
structures and their occupants. This
Modified Project
Applicant
Fontana Building
and Safety
Department
Prior to issuance of a
grading permit for the
Building 2 site; prior
to issuance of a
building permit for
Building 2 and during
construction
571
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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
Modified Project
Applicant
Fontana Building
and Safety
Department
Prior to the
commencement of
construction on the
Building 2 Site.

Threshold c: Less-than-Significant
Impact. The proposed Modified
Project would be compatible with
noise levels from the ONT and
operation of the Modified Project
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
572
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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would not expose future employees
on the Modified Project Site to
excessive noise levels.

1.14 Population and Housing
Summary of Impacts
Threshold a: Less-than-Significant
Impact. The estimated 453 to 563
jobs to be generated by the
Modified Project are expected to be
filled by a labor force that already
resides in the region. Accordingly,
the Modified Project would not
induce substantial unplanned
population growth.

No mitigation is required. N/A N/A N/A Less-than-Significant Impact
Threshold b: Less-than-Significant
Impact. The Modified Project
would remove eight residences,
seven of which are occupied. The
removal of eight homes would not
displace substantial numbers of
people or require the construction
of replacement housing elsewhere.

No mitigation is required. N/A N/A N/A Less-than-Significant Impact

1.15 Public Services
Summary of Impacts
Threshold a: Less-than-Significant
Impact. The Modified Project
would increase the demand for fire
protection services provided by the
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
573
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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FFPD. Although demand would be
increased, the FFPD’s existing fire
stations have adequate physical
capacity to service the Project.

Increased demand, unless it results
in some form of a physical
environmental impact, is not an
environmental effect under CEQA;
thus, impacts are less-thansignificant.

Threshold b: Less-than-Significant
Impact. The Modified Project
would increase the demand for
police protection services provided
by the Fontana Police Department.

Service to the Modified Project Site
is provided by the Fontana Police
Department Headquarters, and the
Fontana Police Department has no
plans to physically construct or
expand a station due to the
Modified Project or other growth in
the area. As such, the Modified
Project would have no physical
environmental effects on police
protection services. Increased
demand, unless it results in some
form of a physical environmental
impact, is not an environmental
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
574
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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effect under CEQA; thus, impacts
are less-than-significant.

Threshold c: Less-than-Significant
Impact. The Modified Project
would not result in or require new
or expanded public school facilities
and would not result in any direct
demand for school facilities. There
is no potential for the Modified
Project to have a direct physical
impact on any school. For these
reasons, less-than-significant
impacts to school facilities would
occur.

No mitigation is required. N/A N/A N/A Less-than-Significant Impact
Threshold d: No Impact. The
Modified Project would not result
in or require new or expanded
public library facilities and would
not result in any direct demand for
library space. There is no potential
for the Modified Project to have a
direct physical impact on any
library. For these reasons, no
impact to library facilities would
occur.

No mitigation is required. N/A N/A N/A No Impact
Threshold e: Less-than-Significant
Impact. The Modified Project
would result in an incremental
increase in demand for public
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
575
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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health services associated with
persons that would be employed at
or visit the Modified Project Site.

However, because the Modified
Project would not result in or
require the physical construction or
alteration of public health facilities
to accommodate the Project’s
demand, impacts to public health
facilities would be less-thansignificant.

1.16 Recreation
Summary of Impacts
Threshold a: No Impact. The
Modified Project does not propose
any type of residential use or other
land use that would generate a
population that would increase the
use of recreation facilities or
existing neighborhood or regional
parks. Parks would not be
physically affected by the Project.

No mitigation is required. N/A N/A N/A No Impact
Threshold b: No Impact. No on- or
off-site recreation facilities or
expansion of any existing off-site
recreational facilities would occur.

No impacts related to the
construction or expansion of
recreational facilities would occur.

No mitigation is required. N/A N/A N/A No Impact
576
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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1.17 Transportation/ Traffic
Summary of Impacts
Threshold a: Significant Direct and
Cumulatively-Considerable
Impact. The Modified Project
would 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 and would not
help the City meet its objective to
reduce VMT by 4% by 2035.

MM 4.17-1 Building users shall be required
to prepare and implement a Transportation
Demand Management Program (TDMP),
which shall be reviewed and approved by
the City of Fontana prior to the issuance of
an occupancy permit. The TDMP shall
include feasible strategies to reduce vehicle
miles traveled by employees, such as
carpooling or vanpooling programs, public
transportation use incentives, and walking
and biking to work incentives.

Building User
Occupants
City of Fontana
Public Works
Department
Prior to issuance of a
building permit
Significant Direct and
CumulativelyConsiderable Impact
Threshold b: Significant Direct and
Cumulatively-Considerable
Impact. The VMT generated by the
Modified Project would exceed the
City’s significance threshold by

15.34 percent and therefore, the
Modified Project would conflict
with CEQA Guidelines Section
15064.3.

MM 4.17-1 shall apply. Building User
Occupants
City of Fontana
Public Works
Department
Prior to issuance of a
building permit
Significant Direct and
CumulativelyConsiderable Impact
Threshold c: Less-than-Significant
Impact. The Modified Project
would not introduce any significant
transportation safety hazards due to
a design feature or incompatible
use.

Although transportation safety impacts
would be less than significant, the following
mitigation measures are recommended to
assure that design features will be
implemented as part of the Project’s
implementation pertaining to bicycle and
pedestrian safety.

Less-than-Significant
Impact
577
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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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.

Modified Project
Applicant for
Buildings 2 and 3
City of Fontana
Department of
Public Works
Prior to issuance of an
occupancy permit for
Building 2 and
Building 3
MM 4.17-3 The 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.

Modified Project
Applicant
City of Fontana
Department of
Public Works
Prior to issuance of an
occupancy permit
Threshold d: No Impact. Adequate
emergency access would be
provided to the Modified Project
Site during construction and longterm operation. The Modified Project would not result in
inadequate emergency access to the
No mitigation is required. N/A N/A N/A No Impact
578
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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Modified Project Site or
surrounding properties.

1.18 Tribal Cultural Resources
Summary of Impacts
Threshold a: Significant Direct and
Cumulatively-Considerable
Impact. The Modified Project has
the potential to result in significant
impacts to tribal cultural resources
in the absence of protective
measures in the event that such
resources are discovered during
ground-disturbing construction
activities.

Refer to MMs 4.5-1 through 4.5-3, above. Modified Project Applicant, Modified
Project
Archaeologist
City of Fontana
Building and
Safety Department
If cultural, tribal
cultural, or
archaeological
resources are found on
the Modified Project
Site; During
construction
Less-than-Significant
Impact with
Mitigation
Incorporated

1.19 Utilities and Service Systems
Summary of Impacts
Threshold a: Less-than-Significant
Impact. The physical
environmental effects associated
with installing the Project’s water,
wastewater, stormwater drainage,
and dry utility infrastructure is
evaluated throughout this EIR and
no adverse impacts specific to the
provision utilities services have
been identified.

No mitigation is required. N/A N/A N/A Less-than-Significant Impact
Threshold b: Less-than-Significant
Impact. The FWC is expected to
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
579
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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have sufficient water supplies to
service the Project. The Modified
Project would not exceed the
FWC’s available supply of water
during normal years, single-dry
years, or multiple-dry years.

Threshold c: Less-than-Significant
Impact. The IEUA would provide
wastewater treatment services to
the Modified Project site via RP-4.

These facilities have adequate
capacity to service the Modified
Project and no new or expanded
facilities would be needed.

No mitigation is required. N/A N/A N/A Less-than-Significant Impact
Threshold d: Less-than-Significant
Impact. There is adequate capacity
available at the Mid Valley Landfill
to accept the Project’s solid waste
during both construction and longterm operation. The Modified Project would not generate solid
waste in excess of State or local
standards or in excess of the
capacity of local infrastructure to
handle the waste.

No mitigation is required. N/A N/A N/A Less-than-Significant Impact
Threshold e: Less-than-Significant
Impact. The Modified Project
would comply with all applicable
solid waste statutes and regulations;
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
580
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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as such, impacts related to solid
waste statutes and regulations
would be less-than-significant.

1.20 Wildfire
Summary of Impacts
Threshold a: Less-than-Significant
Impact. During construction and as
part of ongoing operations at the
Modified Project Site, the City will
require that adequate access for
emergency vehicles be maintained.

No emergency routes would be
affected by the Project.

Accordingly, the 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-thansignificant.

No mitigation is required. N/A N/A N/A Less-than-Significant Impact
Threshold b: Less-than-Significant
Impact. Due to the developed
nature of the surrounding area and
requirements to construct the
Modified Project in accord with
applicable Building and Fire
Codes, there is no reasonable
potential that the Modified Project
would expose the Modified Project
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
581
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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Sites’ occupants to pollutant
concentrations from a wildfire or
the uncontrolled spread of a
wildfire.

Threshold c: Less-than-Significant
Impact. The Modified Project
proposes the development of three
commerce center buildings, no
components of which would trigger
the installation or maintenance of
wildfire management features that
could result in exacerbated fire
risks.

No mitigation is required. N/A N/A N/A Less-than-Significant Impact
Threshold d: Less-than-Significant
Impact. There is no potential that
the Modified Project 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, landslides,
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
582
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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instability, or changes in
downstream drainage patterns.
583
ATTACHMENT NO. 26
RESOLUTION NO. 2023-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA

APPROVING, PURSUANT TO THE CERTIFIED ENVIRONMENTAL

IMPACT REPORT FOR THE CITRUS/OLEANDER INDUSTRIAL
COMMERCE CENTER (STATE CLEARINGHOUSE NO. 2022110389),
GENERAL PLAN AMENDMENT NO. 23-004 (PART NO. 5 OF GENERAL PLAN AMENDMENT CYCLE NO. 4 OF 2023) AMENDING THE GENERAL PLAN EXHIBIT 15.8 TO MODIFY THE LAND USE DESIGNATION ON APPROXIMATELY 29.4 ADJUSTED GROSS ACRES (APNs: 0255-011-13, -14, -15, -18, -19, -25, -26, -27, -28, -29, -30, -31, AND -32, AND 0255-021- 17, -18, -22, -23, AND -24, INCLUDING A FIVE-ACRE PARCEL WHERE NO

DEVELOPMENT IS CURRENTLY PROPOSED) FROM RESIDENTIAL

PLANNED COMMUNITY (R-PC) AND MULTI-FAMILY MEDIUM/HIGH
RESIDENTIAL (R-MFMH) TO GENERAL INDUSTRIAL (I-G); TENTATIVE PARCEL MAP NO. 22-009R1 (TPM NO. 20709) TO CONSOLIDATE SIX (6)

PARCELS 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 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 INTO ONE TO DEVELOP THE PROJECT SITE FOR
BUILDING NO. 3; DESIGN REVIEW NO. 22-029R1 FOR THE DESIGN OF BUILDING NO. 1; DESIGN REVIEW NO. 22-061R1 FOR THE DESIGN OF BUILDING NO. 2; AND DESIGN REVIEW NO. 22-062R1 FOR THE DESIGN OF BUILDING NO. 3 TOTALING APPROXIMATELY 532,104 SQUARE FEET AND ASSOCIATED ON-SITE AND OFF-SITE IMPROVEMENTS.

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 584
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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, 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 4, 2023, John Shardlow with Allen Matkins Leck Gamble Mallory & Natsis LLP, submitted a request on behalf of the Applicant for permission to file a new application based on revisions to the project; and WHEREAS, on October 24, 2023, the City Council approved the Applicant’s request for reconsideration with a vote of 4-1; 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 (RMFMH) 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) that is illustrated in the map attached hereto as Exhibit “A”; 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 MultiFamily Medium/High Density Residential (R-4) to SWIP, Tentative Parcel Map No. 22- 585
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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, an amendment to the boundaries of the SWIP specific plan and zoning classifications would allow for the development of the industrial commerce buildings; and WHEREAS, the subject property is to be developed below the assumed capacity as identified in the approved Housing Element, however there is still sufficient capacity in the city at the “extremely low/very low” income category to meet the Regional House Needs Assessment (RHNA) numbers; and
WHEREAS, to comply with California’s Housing Crisis Act of 2019 (SB 330), the project will participate in the City of Fontana Municipal Code (“FMC”) Chapter 30 Article XV “No Net Loss Density Bonus/Replacement Program.” Pursuant to the FMC section 30-697, the Unit Bank cannot exceed 2,200 units. The Unit Bank is currently 1,280 units.

These 507 units from this project will be added to the Unit Bank increasing the number of units in the Unit Bank to 1,787, which is less than the 2,200 units authorized by FMC. The units in the Unit Bank shall be available as density bonuses for other residential properties throughout the City. The program will enable, on a first come, first serve basis, density bonuses of up to 20% on other parcels until the 1,787 residential units are reclaimed within future planned residential projects; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA), an Environmental Impact Report (EIR) (State Clearing House No. 2022110389) was prepared for MCN No. 23-100 and certified to address issues of potential concern of the development. Based on the CEQA Sections 15162 through 15164, staff has determined that none of the criteria requiring a subsequent environmental document haves been met and that further environmental analysis is not required. A Notice of Determination has been prepared; and
WHEREAS, on November 14, 2023, the City Council held a duly noticed public hearing on Citrus/Oleander Industrial Commerce Center EIR (State Clearinghouse No. 586
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2022110389) and MCN 23-100, received testimony and evidence concerning the project and found it to be in conformance with the goals and policies of the General Plan, found that the project provides a community that is balanced between residential, commercial and industrial that is developed to high standards, found that the project provides diverse economic and social opportunities for our citizens and those who wish to invest in the City of Fontana (“City”); and
WHEREAS, on November 1,4, 2023, pursuant to Resolution No. 2023-____ the City Council certified the Citrus/Oleander Industrial Commerce Center EIR (State Clearinghouse No. 2022110389) and adopted the Mitigated Monitoring and Reporting Program (“MMRP”) for the revised project; and
WHEREAS, all the notices required by statute and the FMC have been given as required; 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 WHEREAS, the City wishes to protect and preserve the quality of the life throughout the City, through effective land use and planning.

NOW, THEREFORE, the City Council RESOLVES as follows:

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

SECTION 2. CEQA. Consistent with the California Environmental Quality Act (CEQA) (Pub. Resources Code § 21000 et seq.) and the State CEQA Guidelines (Cal.

Code Regs., tit. 14, § 15000 et seq.), on Citrus/Oleander Industrial Commerce Center EIR (State Clearinghouse No. 2022110389) was prepared for development, including the General Plan Amendment and Tentative Vesting Map. The City Council has certified the Citrus/Oleander Industrial Commerce Center EIR and adopted the MMRP and, based on the CEQA Sections 15162 through 15164, staff has determined that none of the criteria requiring a subsequent environmental document have been met and that further environmental analysis is not required. A Notice of Determination has been prepared.

SECTION 3. General Plan Amendment Findings. The City Council hereby makes the following findings for General Plan Amendment No. 23-004 in accordance with Section 30-31 “Purpose” of the Fontana Zoning and Development Code:
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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 longterm growth of the City.

Findings of Fact: Changing the General Plan Land Use Designation of the site from Residential Planned Community (R-PC) and Multi-Family
Medium/High Residential (R-MFMH) to General Industrial (I-G) would allow for the construction of three (3) industrial commerce center buildings totaling approximately 532,104 square feet. This development will assist with growing industrial commerce demand in the City and the surrounding area. Additionally, properties to the south and west have a General Plan designation of General Industrial.

SECTION 4. Tentative Parcel Map No. 22-009R1 Findings. The City Council hereby makes the following findings for Tentative Parcel Map No. 22-009R1 (TPM No.20709) in accordance with Section No. 26-218 “Processing of application,” of the FMC:

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. 22-009R1 (TPM No.20709) is consistent with the General Plan Land Use Designation for the project site, which is General Industrial (I-G). The lot size will meet the lot standards of the General Industrial zoning district. The tentative parcel map consolidates six (6) existing parcels (APNs: 0255-011-29 through -32 and 0255-011-18 and -19) into one parcel for the construction of a concrete tilt-up- industrial commerce buildings totaling -approximately 150,538 square feet. This is within the land use permitted in the General Plan. The project encompasses a Specific Plan Amendment to incorporate into the Southwest Industrial Park Specific Plan, Slover East Industrial District.

Finding No. 2: That the design or improvements of the proposed tentative parcel map are consistent with the General Plan and any applicable Specific Plan.

Findings of Fact: The site design for Tentative Parcel Map No. 22-009R1 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, Chapter No. 26 of the FMC, 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, 588
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drainage, and grading to provide a safe and well-designed project for the area. The project encompasses a Specific Plan Amendment to incorporate into the Southwest Industrial Park Specific Plan, Slover East Industrial District.

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

Findings of Fact: The overall project site of approximately 29.4 adjusted gross acres, is adequate in size to accommodate the development. The existing topography is conducive for the project and development of the site did not require setback variances; therefore, the site is suitable for this type of development. The lot size is consistent with surrounding industrial developments.

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

Findings of Fact: The design of Tentative Parcel Map No. 22-009R1 (TPM No.20709) is not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat.

The area surrounding the project site has been developed with industrial, high school, adult school and warehouses uses.

An Environmental Impact Report (EIR) has been prepared for this project pursuant to the California Environmental Quality Act (CEQA) and the 2019 Local Guidelines for Implementing CEQA. Based on the information in the EIR, the project does not represent significant effect on the environment as a result of project implementation. The mitigation measures establish within the EIR will reduce any significant impacts to the surrounding area. The use is anticipated based on the Land Use Designation and the Zoning and
Development Code.

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

Findings of Fact: The design of Tentative Parcel Map No. 22-009R1 will not cause public health problems. The development complies with the Zoning and Development Code and General Plan. Improvements and includes connection to the public sewer, public storm drain, modification to the existing sidewalks, drainage, and grading to provide a safe and 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 589
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for access through or use of property within the proposed subdivision.

Findings of Fact: The design of Tentative Parcel Map No. 22-009R1 (TPM No.20709) and public improvements will not conflict with access easements acquired by the public. Access to and from the project site would be provided from two driveways, one on Citrus Avenue and one from Santa Ana Avenue. The truck traffic will come in and out from Santa Ana Avenue and vehicle traffic will use the entrances from Citrus Avenue and Santa Ana Avenue.

SECTION 5. Design Review No. 22-029R1 Findings. The City Council hereby makes the following findings for a Design Review No. 22-029R1 in accordance with Section 30-120 “Findings for approval” of the Fontana Zoning and Development Code:

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

Findings of Fact: The General Plan land use designation of General Industrial (I-G) is intended for employee-intensive uses, including business parking, research and development, technology centers, corporate and support office uses, clean industry, supporting retail uses, truck and equipment sales and related services. The industrial commerce facility provides for a consistent blend of well-designed industrial development in the immediate vicinity. The project encompasses a specific plan amendment to incorporate into the Southwest Industrial Park Specific Plan, Slover East Industrial District.

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

Findings of Fact: The project, is for the site and architectural design for a 150,538 square foot industrial commerce center building (Building No. 1). The industrial commerce facility has been designed with office totaling approximately 12,000 square feet. A gate-secured truck court with 17 loading docks are on the east side of Building No. 1. The use of glazing, parapets, canopies, accent colors and painted banding will add structural and visual interest to the building. Additionally, variations to the building face and roof lines will be architecturally pleasing. Access to and from the project site would be provided from two driveways one from Citrus Avenue and one driveway on Santa Ana Avenue. Landscaping is ornamental in nature and would feature trees, shrubs, and drought-tolerant accent plants in addition to a variety of groundcovers.

The project is an appropriate and desirable development for the area. 590
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With the General Plan Amendment, Specific Plan Amendment and Zone District Map Amendment from Residential Planned Community (R-PC) and Multiple-Family Medium/High Residential (R-MFMH) to General Industrial (I-G), the project will meet or exceed the criteria contained in the Design Review section of the Fontana Zoning and Development Code and the SWIP Specific Plan.

The project will result in the construction of an industrial commerce center building totaling approximately 150,538 square feet. All new improvements such as driveways, streets, sidewalks, drive aisles, and setbacks will comply with all applicable building, zoning, and fire codes and standards, and therefore, shall promote the public health, safety, and welfare of the surrounding community.

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

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

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

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

SECTION 6. Tentative Parcel Map No. 22-030R1 Findings. The City Council hereby makes the following findings for Tentative Parcel Map No. 22-030R1 (TPM No. 20708) in accordance with Section No. 26-218(d) “Processing of application,” of the FMC:

Finding No. 1: That the proposed map is consistent with the City's General Plan and any applicable Specific Plan.
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Findings of Fact: Tentative Parcel Map No. 22-030R1 is consistent with the General Plan Land Use Designation for the project site, which is General Industrial (I-G). The lot size with the consolidation will meet the lot standards of the General Industrial zoning district. The tentative parcel map consolidates six (6) existing parcels (APNs: 0255-011- 14, -13, and -25 through -28) into one parcel for the construction of a concrete tilt-up- industrial commerce buildings totaling approximately 188,104 square feet. This is within the land use permitted in the General Plan. The project encompasses a Specific Plan Amendment to incorporate into the Southwest Industrial Park Specific Plan, Slover East Industrial District.

Finding No. 2: That the design or improvements of the proposed tentative parcel map are consistent with the General Plan and any applicable Specific Plan.

Findings of Fact: The site design for Tentative Parcel Map No. 23-030R1 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, Chapter No. 26 of the FMC and the General Industrial development standards. The project includes all on-site and off-site improvements to meet all the General Plan goals and objectives as well as all of the zoning requirements of the Southwest Industrial Specific Plan, Slover East Industrial District zone. Improvements consist of public sewer, public storm drain, streets, gutter, sidewalks, drainage, and grading to provide a safe and well-designed project for the area. The project encompasses a specific plan amendment to incorporate into the Southwest Industrial Park Specific Plan, Slover East Industrial District.

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

Findings of Fact: The overall project site of approximately 29.4 adjusted gross acres, and is adequate in size to accommodate the development. The existing topography is conducive for the project and development of the site did not require setback variances; therefore, the site is suitable for this type of development. The lot size is consistent with surrounding industrial developments.

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

Findings of Fact: The design of Tentative Parcel Map No. 22-030R1 is not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. The area 592
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surrounding the project site has been developed with of industrial, high school, adult school, and warehouses uses.

An Environmental Impact Report (EIR) has been prepared for this project pursuant to the California Environmental Quality Act (CEQA) and the 2019 Local Guidelines for Implementing CEQA. Based on the information in the EIR, the project does not represent significant effect on the environment as a result of project implementation. The mitigation measures establish within the EIR will reduce any significant impacts to the surrounding area. The use is anticipated based on the Land Use Designation and the Zoning and
Development Code.

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

Findings of Fact: The design of Tentative Parcel Map No. 22-030R1 will not cause public health problems. The development complies with the Zoning and Development Code and General Plan. Improvements include connection to the public sewer, connection to the public storm drain, modification to the existing sidewalks, drainage, and grading to provide a safe and well-designed project for the area. Therefore, the project shall promote the public health, safety, and welfare of the surrounding community.

Finding No. 6: That the design of the subdivision or the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision.

Findings of Fact: The design of Tentative Parcel Map No. 22-030R1, and public improvements, will not conflict with access easements acquired by the public. Access to and from the project site would be provided from two driveways, one on Oleander Avenue and one from Santa Ana Avenue. The truck traffic will come in and out from Santa Ana Avenue and vehicle traffic will use the entrances from Oleander Avenue and Santa Ana Avenue.

SECTION 7. Design Review No. 22-061R1 Findings. The City Council hereby makes the following findings for a Design Review No. 22-061R1 in accordance with Section 30-120 “Findings for approval” of the Fontana Zoning and Development Code:

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

Findings of Fact: The General Plan land use designation of General Industrial (I-G) is intended for employee-intensive uses, including business parking, research and development, technology centers, corporate and 593
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support office uses, clean industry, supporting retail uses, truck and equipment sales and related services. The industrial commerce facility provides for a consistent blend of well-designed industrial development in the immediate vicinity. The project encompasses a specific plan amendment to incorporate into the Southwest Industrial Park Specific Plan, Slover East Industrial District.

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

Findings of Fact: The project, is for the site and architectural design for the 188,104 square foot industrial commerce center building (Building No. 2). The industrial commerce facility has been designed with an office totaling approximately 16,000 square feet. A gate-secured truck court with 22 loading docks are on the west side of Building No. 2. The use of glazing, parapets, canopies, accent colors and painted banding will add structural and visual interest to the building. Additionally, variations to the building face and roof lines will be architecturally pleasing. Access to and from the project site would be provided from two driveways, one from Oleander Avenue and one driveway on Santa Ana Avenue. The landscaping would be ornamental in nature and would feature 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 General Plan Amendment, Specific Plan Amendment and Zone District Map Amendment from Residential Planned Community (R-PC) and Multiple-Family Medium/High Residential (R-MFMH) to General Industrial (I-G), the project will meet or exceed the criteria contained in the Design Review section of the Fontana Zoning and Development Code and the SWIP specific plan.

The project will result in the construction of an industrial commerce center building totaling approximately 188,104 square feet. All new improvements such as driveways, streets, sidewalks, drive aisles, and setbacks will comply with all applicable building, zoning, and fire codes and standards, and therefore, shall promote the public health, safety, and welfare of the surrounding community.

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

Findings of Fact: The industrial commerce facility has been designed with the use of 594
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glazing, parapets, canopies, accent colors and painted banding will add structural and visual interest to the building. Additionally, variations to the building face and roof lines will be architecturally pleasing. Access to and from the project site would be provided from two driveways one from Oleander Avenue and one from Santa Ana Avenue (truck only). The landscaping would be ornamental in nature and would feature trees, shrubs, and drought-tolerant accent plants in addition to a variety of groundcovers. The building will be compatible with the industrial commerce centers to the south and west of the project site and will provide quality, and aesthetically pleasing development for the surrounding neighborhood.

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

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

SECTION 8. Tentative Parcel Map No. 22-031R1 Findings. The City Council hereby makes the following findings for Tentative Parcel Map No. 22-031R1 (TPM No.20707) in accordance with Section No. 26-218 “Processing of application,” of the FMC:

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. 22-031R1 is consistent with the General Plan Land Use Designation for the project site, which is General Industrial (I-G). The lot size will meet the lot standards of the General Industrial zoning district. The tentative parcel map consolidates five (5) existing parcels (APNs: 0255-021-17 and -18, 0255-021-22 through -24) into one parcel for the construction of a concrete tilt-upindustrial commerce buildings totaling approximately 193,462 square feet. This is within the land use permitted in the General Plan. The project encompasses a Specific Plan Amendment to incorporate into the Southwest Industrial Park Specific Plan, Slover East Industrial District.

Finding No. 2: That the design or improvements of the proposed tentative parcel map are consistent with the General Plan and any applicable Specific Plan.

Findings of Fact: The site design for Tentative Parcel Map No. 22-031R1 is consistent with the General Plan. The lot size and street configuration conform 595
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to the requirements of the Land Use, Zoning, and Urban Design and Community Mobility and Circulation Elements of the City of Fontana General Plan, Chapter No. 26 of the FMC and the General Industrial development standards. The project includes all on-site and off-site improvements to meet all the General Plan goals and objectives as well as all of the Zoning requirements of the Southwest Industrial Specific Plan, Slover East Industrial District zone. Improvements consist of public sewer, public storm drain, streets, gutter, sidewalks, drainage, and grading to provide a safe and well-designed project for the area. The project encompasses a Specific Plan Amendment to incorporate into the Southwest Industrial Park Specific Plan, Slover East Industrial District.

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

Findings of Fact: The overall project site of approximately 29.4 adjusted gross acres, is adequate in size to accommodate the development referenced herein. The existing topography is conducive for the project and development of the site did not require setback variances; therefore, the site is suitable for this type of development. The lot size is consistent with surrounding industrial developments.

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

Findings of Fact: The design of Tentative Parcel Map No. 22-031R1 is not likely to cause substantial environmental damage or substantially and unavoidably injury to fish or wildlife or their habitat. The area surrounding the project site has been developed with of industrial, high school, adult school, and warehouses uses.

An Environmental Impact Report (EIR) has been prepared for this project pursuant to the California Environmental Quality Act (CEQA) and the 2019 Local Guidelines for Implementing CEQA. Based on the information in the EIR, the project does not represent significant effect on the environment as a result of project implementation. The mitigation measures establish within the EIR will reduce any significant impacts to the surrounding area. The proposed use is anticipated based on the Land Use Designation and the Zoning and Development Code.

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

Findings of Fact: The design of Tentative Parcel Map No. 22-031R1 will not cause public health problems. The development complies with the Zoning 596
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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. 22-031R1, and public improvements, will not conflict with access easements acquired by the public. Access to and from the project site would be provided from two driveways, one on Oleander Avenue and one from Santa Ana Avenue. The truck traffic will come in and out from Santa Ana Avenue and vehicle traffic will use the entrances from Oleander Avenue and Santa Ana Avenue.

SECTION 9. Design Review No. 22-062R1 Findings. The City Council hereby makes the following findings for a Design Review No. 22-062R1 in accordance with Section 30-120 “Findings for approval” of the Fontana Zoning and Development Code:

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

Findings of Fact: The General Plan land use designation of General Industrial (I-G) is intended for employee-intensive uses, including business parking, research and development, technology centers, corporate and support office uses, clean industry, supporting retail uses, truck and equipment sales and related services. The industrial commerce facility provides for a consistent blend of well-designed industrial development in the immediate vicinity. The project encompasses a Specific Plan Amendment to incorporate into the Southwest Industrial Park Specific Plan, Slover East Industrial District.

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

Findings of Fact: The project, is a for the site and architectural design for the 193,462 square foot industrial commerce center building (Building No. 3). The industrial commerce facility has been designed with office totaling approximately 16,000 square feet. A gate-secured truck court with 23 loading docks are on the south side of Building No. 3. The use of glazing, parapets, canopies, accent colors and painted banding will 597
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add structural and visual interest to the building. Additionally, variations to the building face and roof lines will be architecturally pleasing. Access to and from the project site would be provided from two driveways one from Oleander Avenue and one driveway on Santa Ana Avenue. The landscaping would be ornamental in nature and would features trees, shrubs, and drought-tolerant accent plants in addition to a variety of groundcovers.

The project will be an appropriate and desirable development for the area. The General Plan Amendment, Specific Plan Amendment and Zone District Map Amendment from Residential Planned Community (R-PC) and Multiple-Family Medium/High Residential (R-MFMH) to General Industrial (I-G), the project will meet or exceed the criteria contained in the Design Review section of the Fontana Zoning and Development Code and the SWIP Specific Plan.

The project will result in the construction of an industrial commerce center building totaling approximately 193,462 square feet. All new improvements such as driveways, streets, sidewalks, drive aisles, and setbacks will comply with all applicable building, zoning, and fire codes and standards, and therefore, shall promote the public health, safety, and welfare of the surrounding community.

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

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

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

Findings of Fact: The development complies with the Zoning and Development Code standards and the newly adopted sustainability ordinance. The improvements include sewer and storm drain systems, site 598
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circulation, parking, landscaping, parks, lighting, driveways, sidewalks and decorative paving.

SECTION 10. General Plan Amendment Approval. Based on the findings in Section 3, the City Council hereby approves GPA No. 23-004 to change the land use designation from Residential Planned Community (R‐PC) and Multi-Family Medium/High Density Residential (R-MFMH) to General Industrial (I‐G) on approximately 29.4 adjusted gross acres of a 18 parcels (APNs) 0255-011-13, -14, -15, -18, -19, -25, -26, -27, -28, - 29, -30, -31, and -32, and 0255-021-17, -18, -22, -23, and -24, as shown as Exhibit “A” attached hereto and incorporated herein by reference as fully set forth herein.

SECTION 11. Tentative Parcel Map Approvals. Based on the findings in Section 4, 6 and 8 the City Council hereby approves Tentative Parcel Map No. 22-009R1 (TPM No. 20709) to consolidate six (6) parcels into one parcel to develop Building No. 1, Tentative Parcel Map No. 22-030R1 (TPM No. 20708) to consolidate six (6) parcels into one parcel to develop Building No. 2, and Tentative Parcel Map No. 22-031R1 (TPM No. 20707) to consolidate five (5) parcels into one for the development of Building No. 3 subject to the Conditions of Approval, that are attached hereto as Exhibit “B, D, AND F” and incorporated herein by reference as though fully set forth herein.

SECTION 12. Design Review Approvals. Based on the findings in Section 5, 7 and 9, the City Council hereby approves Design Review No. 22-029R1, Design Review No. 22-061R1, Design Review No. 22-062R1 subject to the Conditions of Approval, which are attached hereto as Exhibit “C, E, AND G” and incorporated herein by reference as though fully set forth herein.

SECTION 13. Effective Date This Resolution shall take effect thirty (30) days after the adoption of the City Council Ordinance adopting ZCA No. 23-006, City Council Ordinance adopting SPA 23-004, and the City Council Ordinance approving Development Agreement No. 23-085 whichever is adopted later, provided however, if either of those Ordinances are for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise do not go into effect for any reason, then this resolution shall be null and void and have no further force and effect.

SECTION 14. Resolution Regarding Custodian of Record: The documents and materials that constitute the record of proceedings on which this Resolution has been based are located at the Planning Department, 8353 Sierra Avenue, Fontana, CA 92335.

This information is provided in compliance with Public Resources Code section 21081.6.

SECTION 15. Certification. The City Clerk of the City Council shall certify to the adoption of this Resolution.

SECTION 16. 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.
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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
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EXHIBIT “A”

EXISTING AND PROPOSED GENERAL PLAN LAND USE DESIGNATION - RESIDENTIAL PLANNED COMMUNITY (R‐PC) AND MULTI-FAMILY MEDIUM/HIGH DENSITY RESIDENTIAL (R-MFMH) TO GENERAL INDUSTRIAL (I‐G) 601
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EXHIBIT “B”

CITY OF FONTANA

CONDITIONS OF APPROVAL
PROJECT: Master Case No. (MCN) 23-100 DATE: November 14, 2023 Tentative Parcel Map No. 22-009R1 (TPM No. 20709)
Building No. 1
LOCATION: The project site is located north of Santa Ana Avenue, between Citrus Avenue and Oleander Avenue, and at the northeast corner of the Santa Ana Avenue and Oleander Avenue intersection, (APNs) 0255-011-13, -14, -15, -18, -19, -25, -26, -27, -28, -29, -30, -31, and -32, and 0255-021-17, -18, - 22, -23, and -24.

PLANNING DEPARTMENT:

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

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

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

2. The applicant shall defend, indemnify, and hold harmless the City of Fontana or its agents, officers, and employees from any claim, action or proceeding against the City of Fontana or its agents, officers, or employees to attack, set aside, void, or annul an approval of the Planning Commission and/or City Council concerning this subdivision, which action is brought within the time period provided for in Government Code Section 66499.37. The City of Fontana shall promptly notify the applicant of any claim, action, or proceeding and the City of Fontana shall cooperate in the defense. The applicant shall defend, indemnify, protect and hold harmless the City of Fontana or its agents, officers, attorneys and employees from any and all actual or alleged claims, actions or proceedings against the City of Fontana or its agents, officers, attorneys or employees to attack, set aside, void, annul or seek monetary damages arising out of any challenge to the applicant’s proposed project or to any approvals of the Planning Commission and/or City Council concerning this project, including but not limited to actions challenging CEQA actions, permits, 602
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variances, plot plans, design plans, maps, licenses, and amendments. The City of Fontana shall promptly notify the applicant of any claim, action, or proceeding and the City of Fontana shall cooperate in the defense.

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

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

Accordingly, applicant shall not sue the City for damages or monetary relief for any matter arising from or related to this condition of approval. Applicant’s sole and exclusive remedy shall be limited to declaratory/injunctive relief, mandate, and/or specific performance.

3. Tentative Parcel Map No. 22-009R1 (TPM No. 20709) shall comply with all applicable development standards of, Chapter 26 (Subdivisions), Southwest Industrial Park Specific, Chapter 30 (Zoning and Development), and the Subdivision Map Act.

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

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

6. All Conditions of Approval and Mitigation Monitoring and Reporting Program (MMRP) contained herein shall be incorporated into all applicable final construction plans and a copy of these conditions shall be placed on a sheet in the final building and grading plans prior to issuance of any building or grading permits.

7. Tentative Parcel Map No. 22-009R1 (TPM No. 20709) 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. 603
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8. In the event that one or more of the Conditions of Approval for this project needs to be amended and/or deleted due to health, safety or welfare concerns, the City Manager is authorized to approve or conditionally approve such amendment/deletion, provided that City Manager shall bring such proposed amendment/deletion to the City Council at the next 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 FMC.

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 project shall comply with all requirements of the Industrial Commerce Centers Sustainability Ordinance (Ordinance No. 1891).

11. A copy of the Industrial Commerce Centers Sustainability Ordinance requirements shall be placed on the final grading plans and the final building plans.

12. The Trip Reductions Measures as identified in Section 30-510 through 30-513 shall be adhered to.

13. All provisions of Development Agreement No. 23-085 shall be adhered to.

ENGINEERING DEPARTMENT:

PRIOR TO MAP RECORDATION:

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

BUILDING & SAFETY DEPARTMENT:

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

END OF CONDITIONS
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EXHIBIT “C”

CITY OF FONTANA

CONDITIONS OF APPROVAL
PROJECT: Master Case No. (MCN) 23-100 DATE: November 14, 2023 Design Review (DRP) No. 22-029R1
Building No. 1
LOCATION: The project site is located north of Santa Ana Avenue, between Citrus Avenue and Oleander Avenue, and at the northeast corner of the Santa Ana Avenue and Oleander Avenue intersection, (APNs) 0255-011-13, -14, -15, -18, -19, -25, -26, -27, -28, -29, -30, -31, and -32, and 0255-021-17, -18, - 22, -23, and -24.

PLANNING DEPARTMENT:

1. 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.
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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 and Development Code and the Southwest Industrial Park Specific Plan.

4. The project shall comply with all requirements of the Industrial Commerce Centers Sustainability Ordinance (Ordinance No. 1891).

5. A copy of the Industrial Commerce Centers Sustainability Ordinance requirements shall be placed on the final grading plans and the final building plans.

6. The Trip Reductions Measures as identified in Section 30-510 through 30-513 shall be adhered to.

7. 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.

8. 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 606
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coordinate with the landowner regarding treatment and curation of these resources. Typically, the Tribe will request preservation in place or recovery for educational purposes. Work may continue on other parts of the project while evaluation takes place.

B. Preservation in place shall be the preferred manner of treatment. If preservation in place is not feasible, treatment may include implementation of 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.

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

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

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

F. Have only necessary equipment onsite.

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

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

I. Temporarily enclose localized and stationary noise sources.

J. Store and maintain equipment, building materials, and waste materials as far 607
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as practical from as many sensitive receivers as practical.

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

11. 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.

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

13. 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.

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

15. 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.

16. 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.

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

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

19. 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.

20. All signs shall be reviewed under a separate Design Review Sign application. 608
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21. 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.

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

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

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

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

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

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

28. 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.

29. 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.

30. 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.

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

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

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

34. A minimum of 45-foot landscape setback shall be provided on the northerly property line of each property and a 10-foot landscape setback shall be provided on the easterly property line of Building No. 3.
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35. All requirements of Municipal Code Chapter 9, Article V.-Industrial Commerce Centers Sustainability Standards shall be incorporated into grading and construction plans prior to any permit issuance.

36. All provisions of Development Agreement No. 23-085 shall be adhered to.

37. All trucks, passenger vehicle, and emergency vehicles drive aisles shall be clearly labeled on all plans. Truck traffic is prohibited adjacent to a sensitive receptor.

38. A minimum 10-foot-high screen wall shall be provided for areas adjacent to sensitive receptors.

39. The truck turning plan must be approved by the Engineering Department/City Engineer prior to the issuance of any permit.

40. The applicant shall relocate the northerly gate on Site No. 2 to the westerly side of Building No. 2, to the satisfaction of Director of Planning prior to the issuance of any permits.

41. Provide a line-of-sight exhibit demonstrating that the loading docks and trailers are screened from public right-of-way.

42. The Applicant shall install two rows of trees (minimum 36” box trees) in staggered arrangement on the northerly setback area for all three sites, to the satisfaction of the City’s landscape planner and Director of Planning.

43. The Applicant shall provided decorative landscaping with uplighting at the corners of all three project sites, to the satisfaction of the Director of Planning.

44. All truck gates into loading dock/truck court areas shall be positioned to ensure a minimum of 140 feet of total available stacking depth inside the property line.

45. The truck ingress/egress driveway on Santa Ana Avenue in front of Building No. 3 must be located further west to an acceptable distance from the adjacent sensitive receptors to the satisfaction of the Director of Planning and the City Engineer.

46. The Applicant shall provide evergreen trees, such as: Australian Willow, Camphor tree, Southern magnolia, and coast live oak to create a screening that shall be incorporated into the Landscaping Plans as part of the Plan Check submittal to be reviewed and approved by the Planning Department. The landscape designer must work with the Senior Landscape Planner during plan check to ensure the proper tree selection and screening is to the satisfaction of the city prior to the approval of the plans.

Prior To Issuance of Grading Permit

47. All Conditions of Approval and Mitigation, Monitoring, and Reporting Program (MMRP) contained herein shall be incorporated into all applicable final construction plans and a copy of these conditions shall be placed on a sheet in the final building and grading plans prior to issuance of any building or grading permits.

ENGINEERING LAND DEVELOPMENT:
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48. 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.

49. 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.

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

PRIOR TO ISSUANCE OF GRADING PERMIT

51. The Applicant shall submit and gain approval of a complete WQMP Report in accordance with the County of San Bernardino Technical Guidance Document and latest template.

52. 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

53. 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

54. The Applicant shall record all parcel as required for the development.

55. The Applicant shall submit engineered improvement plans and obtain full approval.

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

56. The Applicant shall implement the recommendations presented in the project’s Traffic Impact Analysis prepared by Urban Crossroads dated May 11, 2023.

Recommendations include but are not limited to restriping public roads, such as increasing the length of the Citrus Ave at Santa Ana Ave southbound left turn lane to two hundred feet. A signing and striping plan shall be submitted to the Engineering Department for review and approval by the City Engineer.

PRIOR TO ISSUANCE OF FINAL CERTIFICATE OF OCCUPANCY

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

58. 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. 611
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59. The Applicant/Engineer shall set survey monuments as required by the map and corner records must be recorded with the County.

60. 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).

61. All sewer shall be video inspected by applicant/contractor. Sewer video shall include clean-out connection, clean-out to lateral segment, lateral, and main line. Contractor performing the video inspection must have a NASSCO PACP, LACP, and MACP certification. Applicant shall provide a copy of the video on DVD or flash drive to inspection staff with an accompanying full report. Videos to be inspected and approved by City Inspector. If removal and replacement of any utility is required, a subsequent video of the repair will be required. If a TCO (Temporary Certificate of Occupancy) is required a full video inspection will be required as well at that time.

62. 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.

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

BUILDING & SAFETY:

64.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

65. 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.

66. 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. 612
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67. 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.

68. 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.

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

70. The applicant shall comply with the following grading requirements:

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

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

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

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

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

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

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

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

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

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

I. The grading plans shall, as a minimum, contain sections at all lot lines 613
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and/or permit boundary lines. These sections shall clearly indicate:

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

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

3. All proposed drainage structures; and

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

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

72. 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

73. 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

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

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

ENVIRONMENTAL CONTROL:

Prior to Certificate of Occupancy or Permit Approval
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76. All industrial facilities shall submit an Industrial Wastewater Discharge Permit Application to the Public Works Department, Environmental Control. (FMC 23-218)

77. All commercial facilities conducting activities listed below shall submit an Industrial Wastewater Discharge Permit application to the Public Works Department, Environmental Control. (FMC 23-218)

78. Any facility maintained for the servicing, washing, cleaning or repair of vehicles, construction equipment, industrial transportation or power equipment. (FMC 23- 218)

79. All restaurants or other food processing facilities. (FMC 23-218)

80. All facilities maintained for the processing, filtering, softening or conditioning of water. (FMC 23-218)

81. Any facility which has a projected wastewater discharge that exceeds 25,000 gallons of water per day, or which may be categorized as a Federal Categorical discharger, or which is requesting a permit to discharge to the Inland Empire Utilities Agency (IEUA) Non-Reclaimable Wastewater Line (NRW) shall submit a Uniform Industrial Wastewater Survey and Permit Application to IEUA and the Public Works Department, Environmental Control. (FMC 23-216)
Prior to the Issuance of Construction Permits:

82. Any facility proposing the discharge of non-domestic wastewater to the sanitary sewer shall demonstrate in the plan check process, through the submittal of detailed plans showing pretreatment facilities and operating procedures, that the user will pretreat wastewater to a level required to comply with FMC 23-136 - Concentration Limitations and/or FMC 23-138 – Applicability of Federal Categorical Pretreatment Standards, and/or any other applicable standard as established. (FMC 23-186)

83. All commercial or industrial facilities within the following categories must install a gravity separation interceptor to comply with the requirements of the Fontana Municipal Code (FMC Section 23-190) unless the requirement is modified by a variance issued by the Public Works Manager.

84. Any facility maintained for the washing and/or cleaning of vehicles, construction equipment, industrial transportation or power equipment. The facility is required to have a designated covered area with all service bay doors protected by floor/trench drains connected to sand/oil separator to prevent the washout and/or discharge of liquids. (FMC 23-161)

85. Any facility maintained for the servicing of vehicles, construction equipment, industrial transportation or power equipment and has installed trench or floor drains in service bays is required to connect to a sand/oil separator. (FMC 23-161) 615
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86. All restaurants or other food processing facilities (FMC 23-163). Conditional waivers for the grease interceptor requirement may be granted by the Public Works Manager in accordance with section 23-52 for those restaurants or food processing facilities determined not to have adverse effects on the Publicly Owned Treatment Works (POTW).

Storm Water
Upon Certificate of Occupancy or Permit Approval and during Occupancy:

87. All Commercial, Industrial, Institutional, and/or other facilities deemed to have the potential to discharge pollutants to the storm drain system shall implement source control and pollution prevention practices to prevent unauthorized, non-storm water discharges, at all times.

88. Vehicle, equipment and/or exterior washing activities are prohibited unless a wastewater recovery system is in place. All wastewater shall be recovered, stored and disposed of by proper and legal means through a waste disposal facility.

Contractors hired for washing activities shall maintain a current City of Fontana Business License Tax Certificate to operate as a mobile washing business.

89. Facilities that conduct regular and routine washing and/or cleaning of vehicles, construction equipment, industrial transportation or power equipment are required to have a designated wash rack area. (See Pretreatment Conditions above).

Prior to Business License and C of O approval:

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

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

SAN BERNARDINO COUNTY FIRE DEPARTMENT:

92. 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.
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93. 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.

94. 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.

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

96. 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.

97. Water System Commercial. Prior to map recordation or lot line adjustment, all water supply systems shall be designed to meet the required fire flow for this development and shall be approved by the Fire Department. The required fire flow shall be determined by using Appendix BB of the California Fire Code. A minimum of one new six (6) inch fire hydrant assembly with two (2) two and one half (2 1/2) inch and one (1) four (4) inch outlet (4”x2.5”x2.5”) shall be provided. All fire hydrants shall be spaced no more than three hundred (300) feet apart as measured along vehicular travel-ways. California Fire Code Chapter 5 & SBCoFD Standard W-2.

The Fire Flow for this project shall be: 4,000 GPM for a two (2) hour duration at 20 psi residual operating pressure. Fire Flow is based on: BLDG1: 150,538; BLDG2:
188,104; BLDG 3: 193,462 Square Foot structure.

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

99. Water System Certification. The applicant shall provide the Fire Department with a letter from the serving water company, certifying that the required water improvements have been made or that the existing fire hydrants and water system will meet distance and fire flow requirements. Fire flow water supply shall be in place prior to placing combustible materials on the jobsite. California Fire Code Chapter 5. 617
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100. 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. 101. 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.
102. Fire Alarm, Waterflow Monitoring. A water flow monitoring fire alarm system complying with the California Fire Code, NFPA and all applicable codes is required or fire sprinkler systems with twenty (20) sprinkler heads or more. A fire alarm contractor shall submit three (3) sets of detailed plans to the Fire Department for review and approval. The required fees shall be paid at the time of plan submittal.

California Fire Code Chapter 9, NFPA 72 & SBCoFD Standard F-5. 103. 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.
104. 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.
105. Commercial (large facility) Addressing. Commercial and industrial developments in excess of 100,000 sq. ft. shall have the street address installed on the building with numbers that are a minimum twelve (12) inches in height and with a one and one half (1 ½) inch stroke. The street address shall be visible from the street. During the hours of darkness, the numbers shall be electrically illuminated (internal or external). Where the building is two hundred (200) feet or more from the roadway, additional non-illuminated contrasting six (6) inch numbers shall be displayed at the property access entrances. California Fire Code Chapter 5 & SBCoFD Standard B1 106. 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
107. Security Gates. In commercial, industrial and multi-family complexes, all swing gates shall have an approved fire department Knox Lock. Where an automatic 618
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electric security gate is used, an approved Fire Department override switch is required. California Fire Code Chapter 5 & SBCoFD Standard A-3 108. 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. 109. 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.
110. Secondary Access. The development shall have a minimum of two (2) points of vehicular access during each phase of construction for fire and emergency access purposes and for evacuation routes. SBCoFD Standard A-1

END OF CONDITIONS
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EXHIBIT “D”

CITY OF FONTANA

CONDITIONS OF APPROVAL
PROJECT: Master Case No. (MCN) 23-100 November 14, 2023 Tentative Parcel Map No. 20708 (TPM No. 22-030R1)
Building No. 2
LOCATION: The project site is located north of Santa Ana Avenue, between Citrus Avenue and Oleander Avenue, and at the northeast corner of the Santa Ana Avenue and Oleander Avenue intersection, (APNs) 0255-011-13, -14, -15, -18, -19, -25, -26, -27, -28, -29, -30, -31, and -32, and 0255-021-17, -18, - 22, -23, and -24.

PLANNING DEPARTMENT:

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, 620
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variances, plot plans, design plans, maps, licenses, and amendments. The City of Fontana shall promptly notify the applicant of any claim, action, or proceeding and the City of Fontana shall cooperate in the defense.

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

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

Accordingly, applicant shall not sue the City for damages or monetary relief for any matter arising from or related to this condition of approval. Applicant’s sole and exclusive remedy shall be limited to declaratory/injunctive relief, mandate, and/or specific performance.

3. Tentative Parcel Map No. 20708 (TPM No. 22-030R1) shall comply with all applicable development standards of, Chapter 26 (Subdivisions), Southwest Industrial Park Specific Plan, Chapter 30 (Zoning and Development), and the Subdivision Map Act.

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. 20708 (TPM No. 22-030R1) 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. 621
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8. In the event that one or more of the Conditions of Approval for this project needs to be amended and/or deleted due to health, safety or welfare concerns, the City Manager is authorized to approve or conditionally approve such amendment/deletion, provided that City Manager shall bring such proposed amendment/deletion to the City Council at the next 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 project shall comply with all requirements of the Industrial Commerce Centers Sustainability Ordinance (Ordinance No. 1891).

11. A copy of the Industrial Commerce Centers Sustainability Ordinance requirements shall be placed on the final grading plans and the final building plans.

12. The Trip Reductions Measures as identified in Section 30-510 through 30-513 shall be adhered to.

13. All provisions of Development Agreement No. 23-085 shall be adhered to.

ENGINEERING DEPARTMENT:

PRIOR TO MAP RECORDATION:

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

BUILDING & SAFETY DIVISION:

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

END OF CONDITIONS
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EXHIBIT “E”

CITY OF FONTANA

CONDITIONS OF APPROVAL
PROJECT: Master Case No. (MCN) 23-100 DATE: November 14, 2023 Design Review (DRP) No. 22-061R1
Building No. 2
LOCATION: The project site is located north of Santa Ana Avenue, between Citrus Avenue and Oleander Avenue, and at the northeast corner of the Santa Ana Avenue and Oleander Avenue intersection, (APNs) 0255-011-13, -14, -15, -18, -19, -25, -26, -27, -28, -29, -30, -31, and -32, and 0255-021-17, -18, - 22, -23, and -24.

PLANNING DEPARTMENT:

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.
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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 Southwest Industrial Park Specific Plan and the Fontana Zoning and Development Code.

4. The project shall comply with all requirements of the Industrial Commerce Centers Sustainability Ordinance (Ordinance No. 1891).

5. A copy of the Industrial Commerce Centers Sustainability Ordinance requirements shall be placed on the final grading plans and the final building plans.

6. The Trip Reductions Measures as identified in Section 30-510 through 30-513 shall be adhered to.

7. A copy of the Industrial Sustainability Ordinance requirements shall be incorporated on the final grading plans and final building plans.

8. 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.

9. 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 624
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tribal monitor/consultant. If the resources are Native American in origin, interested Tribes (as a result of correspondence with area Tribes) shall coordinate with the landowner regarding treatment and curation of these resources. Typically, the Tribe will request preservation in place or recovery for educational purposes. Work may continue on other parts of the project while evaluation takes place.

B. Preservation in place shall be the preferred manner of treatment. If preservation in place is not feasible, treatment may include implementation of 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.

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

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

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

C. Have only necessary equipment onsite.

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

A. Install portable noise barriers, including solid structures and noise blankets, between the active noise sources and the nearest noise 625
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receivers.

B. Temporarily enclose localized and stationary noise sources.

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

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

12. 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.

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

14. 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.

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

16. 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.

17. 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.

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

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

20. 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 626
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disabled persons parking, van pool, carpool, or any other designated parking as required by law.

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

22. 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.

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

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

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

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

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

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

29. 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.

30. 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.

31. 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.

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

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

34. Adhere to the Standard Building Security Specifications of the Fontana Police Department.
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35. A minimum of 45-foot landscape setback shall be provided on the northerly property line of each property and a 10-foot landscape setback shall be provided on the easterly property line of Building No. 3.

36. All requirements of Municipal Code Chapter 9, Article V.-Industrial Commerce Centers Sustainability Standards shall be incorporated into grading and construction plans prior to any permit issuance.

37. All provisions of Development Agreement No. 23-085 shall be adhered to.

38. All trucks, passenger vehicle, and emergency vehicles drive aisles shall be clearly labeled on all plans. Truck traffic is prohibited adjacent to a sensitive receptor.

39. A minimum 10-foot-high screen wall shall be provided for areas adjacent to sensitive receptors.

40. The truck turning plan must be approved by the Engineering Department/City Engineer prior to the issuance of any permit.

41. The applicant shall relocate the northerly gate on Site No. 2 to the westerly side of Building No. 2, to the satisfaction of Director of Planning prior to the issuance of any permits.

42. Provide a line-of-sight exhibit demonstrating that the loading docks and trailers are screened from public right-of-way.

43. The Applicant shall install two rows of trees (minimum 36” box trees) in staggered arrangement on the northerly setback area for all three sites, to the satisfaction of the City’s landscape planner and Director of Planning.

44. The Applicant shall provided decorative landscaping with uplighting at the corners of all three project sites, to the satisfaction of the Director of Planning.

45. All truck gates into loading dock/truck court areas shall be positioned to ensure a minimum of 140 feet of total available stacking depth inside the property line.

46. The truck ingress/egress driveway on Santa Ana Avenue in front of Building No. 3 must be located further west to an acceptable distance from the adjacent sensitive receptors to the satisfaction of the Director of Planning and the City Engineer.

47. The Applicant shall provide evergreen trees, such as: Australian Willow, Camphor tree, Southern magnolia, and coast live oak to create a screening that shall be incorporated into the Landscaping Plans as part of the Plan Check submittal to be reviewed and approved by the Planning Department. The landscape designer must work with the Senior Landscape Planner during plan check to ensure the proper tree selection and screening is to the satisfaction of the city prior to the approval of the plans.

Prior To Issuance of Grading Permit

48. 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. 628
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ENGINEERING LAND DEVELOPMENT:

49. 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.

50. 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.

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

PRIOR TO ISSUANCE OF GRADING PERMIT

52. The Applicant shall submit and gain approval of a complete WQMP Report in accordance with the County of San Bernardino Technical Guidance Document and latest template.

53. 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

54. 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

55. The Applicant shall record parcel map as required for the development.

56. The Applicant shall submit engineered improvement plans and obtain full approval.

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

57. The Applicant shall implement the recommendations presented in the project’s Traffic Impact Analysis prepared by Urban Crossroads dated May 11, 2023.

Recommendations include but are not limited to restriping public roads. A signing and striping plan shall be submitted to the Engineering Department for review and approval by the City Engineer.

PRIOR TO ISSUANCE OF FINAL CERTIFICATE OF OCCUPANCY

58. The Applicant/Design Engineer to provide the City of Fontana with As-Built/Record Drawings for all public improvement plans.
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59. 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.

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

61. 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).

62. 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.

63. 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.

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

BUILDING & SAFETY:

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

I. California Building Code
J. California Residential Code
K. California Electrical Code
L. California Mechanical Code
M. California Plumbing Code
N. California Energy Code
O. California Fire Code
P. California Green Building Standards Code

66. 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.
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67. 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.

68. 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.

69. 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.

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

71. The applicant shall comply with the following grading requirements:

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

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

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

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

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

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

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

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

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

The on-site drainage system shall, as a minimum, be designed to handle the run-off generated by a ten (10) year storm. Check for flooding of all 631
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on-site structures (buildings) and all adjacent properties during a hundred (100) year storm.

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

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

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

7. All proposed drainage structures; and

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

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

73. 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

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

F. Precise grading plans shall be approved
G. Rough grading completed
H. Compaction certification
I. Pad elevation certification
J. Rough grade inspection signed off by a City Building Inspector

75. 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.

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

Prior to Certificate of Occupancy or Permit Approval

77. All industrial facilities shall submit an Industrial Wastewater Discharge Permit Application to the Public Works Department, Environmental Control. (FMC 23-218)

78. All commercial facilities conducting activities listed below shall submit an Industrial Wastewater Discharge Permit application to the Public Works Department, Environmental Control. (FMC 23-218)

79. Any facility maintained for the servicing, washing, cleaning or repair of vehicles, construction equipment, industrial transportation or power equipment. (FMC 23- 218)

80. All restaurants or other food processing facilities. (FMC 23-218)

81. All facilities maintained for the processing, filtering, softening or conditioning of water. (FMC 23-218)

82. Any facility which has a projected wastewater discharge that exceeds 25,000 gallons of water per day, or which may be categorized as a Federal Categorical discharger, or which is requesting a permit to discharge to the Inland Empire Utilities Agency (IEUA) Non-Reclaimable Wastewater Line (NRW) shall submit a Uniform Industrial Wastewater Survey and Permit Application to IEUA and the Public Works Department, Environmental Control. (FMC 23-216)
Prior to the Issuance of Construction Permits:

83. Any facility proposing the discharge of non-domestic wastewater to the sanitary sewer shall demonstrate in the plan check process, through the submittal of detailed plans showing pretreatment facilities and operating procedures, that the user will pretreat wastewater to a level required to comply with FMC 23-136 - Concentration Limitations and/or FMC 23-138 – Applicability of Federal Categorical Pretreatment Standards, and/or any other applicable standard as established. (FMC 23-186)

84. All commercial or industrial facilities within the following categories must install a gravity separation interceptor to comply with the requirements of the Fontana Municipal Code (FMC Section 23-190) unless the requirement is modified by a variance issued by the Public Works Manager.

85. Any facility maintained for the washing and/or cleaning of vehicles, construction equipment, industrial transportation or power equipment. The facility is required to have a designated covered area with all service bay doors protected by floor/trench drains connected to sand/oil separator to prevent the washout and/or discharge of liquids. (FMC 23-161)
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86. Any facility maintained for the servicing of vehicles, construction equipment, industrial transportation or power equipment and has installed trench or floor drains in service bays is required to connect to a sand/oil separator. (FMC 23-161)

87. All restaurants or other food processing facilities (FMC 23-163). Conditional waivers for the grease interceptor requirement may be granted by the Public Works Manager in accordance with section 23-52 for those restaurants or food processing facilities determined not to have adverse effects on the Publicly Owned Treatment Works (POTW).

Storm Water
Upon Certificate of Occupancy or Permit Approval and during Occupancy:

88. All Commercial, Industrial, Institutional, and/or other facilities deemed to have the potential to discharge pollutants to the storm drain system shall implement source control and pollution prevention practices to prevent unauthorized, non-storm water discharges, at all times.

89. Vehicle, equipment and/or exterior washing activities are prohibited unless a wastewater recovery system is in place. All wastewater shall be recovered, stored and disposed of by proper and legal means through a waste disposal facility.

Contractors hired for washing activities shall maintain a current City of Fontana Business License Tax Certificate to operate as a mobile washing business.

90. Facilities that conduct regular and routine washing and/or cleaning of vehicles, construction equipment, industrial transportation or power equipment are required to have a designated wash rack area. (See Pretreatment Conditions above).

Prior to Business License and C of O approval:

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

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

SAN BERNARDINO COUNTY FIRE DEPARTMENT:

93. 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 634
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current California Fire Code requirements and all applicable statutes, codes, ordinances, and standards of the Fire Department.

94. 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.

95. 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.

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

97. 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.

98. Water System Commercial. Prior to map recordation or lot line adjustment, all water supply systems shall be designed to meet the required fire flow for this development and shall be approved by the Fire Department. The required fire flow shall be determined by using Appendix BB of the California Fire Code. A minimum of one new six (6) inch fire hydrant assembly with two (2) two and one half (2 1/2) inch and one (1) four (4) inch outlet (4”x2.5”x2.5”) shall be provided. All fire hydrants shall be spaced no more than three hundred (300) feet apart as measured along vehicular travel-ways. California Fire Code Chapter 5 & SBCoFD Standard W-2.

The Fire Flow for this project shall be: 4,000 GPM for a two (2) hour duration at 20 psi residual operating pressure. Fire Flow is based on: BLDG1: 150,538; BLDG2:
188,104; BLDG 3: 193,462 Square Foot structure.

99. Hydrant Marking. Blue reflective pavement markers indicating fire hydrant locations shall be installed as specified by the Fire Department. SBCoFD Standard W-2.
100. Water System Certification. The applicant shall provide the Fire Department with a letter from the serving water company, certifying that the required water 635
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improvements have been made or that the existing fire hydrants and water system will meet distance and fire flow requirements. Fire flow water supply shall be in place prior to placing combustible materials on the jobsite. California Fire Code Chapter 5. 101. 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. 102. 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.
103. Fire Alarm, Waterflow Monitoring. A water flow monitoring fire alarm system complying with the California Fire Code, NFPA and all applicable codes is required or fire sprinkler systems with twenty (20) sprinkler heads or more. A fire alarm contractor shall submit three (3) sets of detailed plans to the Fire Department for review and approval. The required fees shall be paid at the time of plan submittal.

California Fire Code Chapter 9, NFPA 72 & SBCoFD Standard F-5. 104. 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.
105. 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.
106. Commercial (large facility) Addressing. Commercial and industrial developments in excess of 100,000 sq. ft. shall have the street address installed on the building with numbers that are a minimum twelve (12) inches in height and with a one and one half (1 ½) inch stroke. The street address shall be visible from the street. During the hours of darkness, the numbers shall be electrically illuminated (internal or external). Where the building is two hundred (200) feet or more from the roadway, additional non-illuminated contrasting six (6) inch numbers shall be displayed at the property access entrances. California Fire Code Chapter 5 & SBCoFD Standard B1 107. 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
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108. 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-3 109. 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. 110. 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.
111. Secondary Access. The development shall have a minimum of two (2) points of vehicular access during each phase of construction for fire and emergency access purposes and for evacuation routes. SBCoFD Standard A-1

END OF CONDITIONS
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EXHIBIT “F”

CITY OF FONTANA

CONDITIONS OF APPROVAL
PROJECT: Master Case No. (MCN) 23-100 DATE: November 14, 2023 Tentative Parcel Map No. 20707 (TPM No. 22-031R1)
Building No. 3
LOCATION: The project site is located north of Santa Ana Avenue, between Citrus Avenue and Oleander Avenue, and at the northeast corner of the Santa Ana Avenue and Oleander Avenue intersection, (APNs) 0255-011-13, -14, -15, -18, -19, -25, -26, -27, -28, -29, -30, -31, and -32, and 0255-021-17, -18, - 22, -23, and -24.

PLANNING DEPARTMENT:

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, 638
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variances, plot plans, design plans, maps, licenses, and amendments. The City of Fontana shall promptly notify the applicant of any claim, action, or proceeding and the City of Fontana shall cooperate in the defense.

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

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

Accordingly, applicant shall not sue the City for damages or monetary relief for any matter arising from or related to this condition of approval. Applicant’s sole and exclusive remedy shall be limited to declaratory/injunctive relief, mandate, and/or specific performance.

3. Tentative Parcel Map No. 20707 (TPM No. 22-031R1) shall comply with all applicable development standards of, Chapter 26 (Subdivisions), Southwest Industrial Park Specific Plan, Chapter 30 (Zoning and Development), and the Subdivision Map Act.

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. 20707 (TPM No. 22-031R1) 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. 639
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8. In the event that one or more of the Conditions of Approval for this project needs to be amended and/or deleted due to health, safety or welfare concerns, the City Manager is authorized to approve or conditionally approve such amendment/deletion, provided that City Manager shall bring such proposed amendment/deletion to the City Council at the next 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 project shall comply with all requirements of the Industrial Commerce Centers Sustainability Ordinance (Ordinance No. 1891).

11. A copy of the Industrial Commerce Centers Sustainability Ordinance requirements shall be placed on the final grading plans and the final building plans.

12. The Trip Reductions Measures as identified in Section 30-510 through 30-513 shall be adhered to.

13. All provisions of Development Agreement No. 23-085 shall be adhered to.

ENGINEERING DEPARTMENT:

PRIOR TO MAP RECORDATION:

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

BUILDING & SAFETY DIVISION:

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

END OF CONDITIONS
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EXHIBIT “G”

CITY OF FONTANA

CONDITIONS OF APPROVAL
PROJECT: Master Case No. (MCN) 23-100 DATE: November 14, 2023 Design Review (DRP) No. 22-062R1
Building No. 3
LOCATION: The project site is located north of Santa Ana Avenue, between Citrus Avenue and Oleander Avenue, and at the northeast corner of the Santa Ana Avenue and Oleander Avenue intersection, (APNs) 0255-011-13, -14, -15, -18, -19, -25, -26, -27, -28, -29, -30, -31, and -32, and 0255-021-17, -18, - 22, -23, and -24.

PLANNING DEPARTMENT:

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.
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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 Southwest Industrial Park Specific Plan and Fontana Zoning and Development Code.

4. The project shall comply with all requirements of the Industrial Commerce Centers Sustainability Ordinance (Ordinance No. 1891).

5. A copy of the Industrial Commerce Centers Sustainability Ordinance requirements shall be placed on the final grading plans and the final building plans.

6. The Trip Reductions Measures as identified in Section 30-510 through 30-513 shall be adhered to.

7. A copy of the Industrial Sustainability Ordinance requirements shall be incorporated on the final grading plans and final building plans.

8. 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.

9. 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 642
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archaeologist and tribal monitor/consultant. If the resources are Native American in origin, interested Tribes (as a result of correspondence with area Tribes) shall coordinate with the landowner regarding treatment and curation of these resources. Typically, the Tribe will request preservation in place or recovery for educational purposes. Work may continue on other parts of the project while evaluation takes place.

B. Preservation in place shall be the preferred manner of treatment. If preservation in place is not feasible, treatment may include implementation of 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.

10. 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. 643
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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.

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

12. 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.

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

14. 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.

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

16. 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.

17. 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.

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

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

20. 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 644
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disabled persons parking, van pool, carpool, or any other designated parking as required by law.

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

22. 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.

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

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

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

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

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

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

29. 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.

30. 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.

31. 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.

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

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

34. Adhere to the Standard Building Security Specifications of the Fontana Police Department.
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35. A minimum of 45-foot landscape setback shall be provided on the northerly property line of each property and a 10-foot landscape setback shall be provided on the easterly property line of Building No. 3.

36. All requirements of Municipal Code Chapter 9, Article V.-Industrial Commerce Centers Sustainability Standards shall be incorporated into grading and construction plans prior to any permit issuance.

37. All provisions of Development Agreement No. 23-085 shall be adhered to.

38. All trucks, passenger vehicle, and emergency vehicles drive aisles shall be clearly labeled on all plans. Truck traffic is prohibited adjacent to a sensitive receptor.

39. A minimum 10-foot-high screen wall shall be provided for areas adjacent to sensitive receptors.

40. The truck turning plan must be approved by the Engineering Department/City Engineer prior to the issuance of any permit.

41. The applicant shall relocate the northerly gate on Site No. 2 to the westerly side of Building No. 2, to the satisfaction of Director of Planning prior to the issuance of any permits.

42. Provide a line-of-sight exhibit demonstrating that the loading docks and trailers are screened from public right-of-way.

43. The Applicant shall install two rows of trees (minimum 36” box trees) in staggered arrangement on the northerly setback area for all three sites, to the satisfaction of the City’s landscape planner and Director of Planning.

44. The Applicant shall provided decorative landscaping with uplighting at the corners of all three project sites, to the satisfaction of the Director of Planning.

45. All truck gates into loading dock/truck court areas shall be positioned to ensure a minimum of 140 feet of total available stacking depth inside the property line.

46. The truck ingress/egress driveway on Santa Ana Avenue in front of Building No. 3 must be located further west to an acceptable distance from the adjacent sensitive receptors to the satisfaction of the Director of Planning and the City Engineer.

47. The Applicant shall provide evergreen trees, such as: Australian Willow, Camphor tree, Southern magnolia, and coast live oak to create a screening that shall be incorporated into the Landscaping Plans as part of the Plan Check submittal to be reviewed and approved by the Planning Department. The landscape designer must work with the Senior Landscape Planner during plan check to ensure the proper tree selection and screening is to the satisfaction of the city prior to the approval of the plans.

Prior To Issuance of Grading Permit

48. 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. 646
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ENGINEERING LAND DEVELOPMENT:

49. 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.

50. 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.

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

PRIOR TO ISSUANCE OF GRADING PERMIT

52. Applicant shall submit and gain approval of a complete WQMP Report in accordance with the County of San Bernardino Technical Guidance Document and latest template.

53. 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

54. 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

55. The Applicant shall record a parcel map as required for the development.

56. The Applicant shall submit engineered improvement plans and obtain full approval.

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

57. The Applicant shall implement the recommendations presented in the project’s Traffic Impact Analysis prepared by Urban Crossroads dated May 11, 2023.

Recommendations include but are not limited to restriping public roads. A signing and striping plan shall be submitted to the Engineering Department for review and approval by the City Engineer.

PRIOR TO ISSUANCE OF FINAL CERTIFICATE OF OCCUPANCY

58. The Applicant/Design Engineer to provide the City of Fontana with As-Built/Record Drawings for all public improvement plans.
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59. 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.

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

61. 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).

62. 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.

63. 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.

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

BUILDING & SAFETY:

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

Q. California Building Code
R. California Residential Code
S. California Electrical Code
T. California Mechanical Code
U. California Plumbing Code
V. California Energy Code
W. California Fire Code
X. California Green Building Standards Code

66. 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.
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67. 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.

68. 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.

69. 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.

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

71. The applicant shall comply with the following grading requirements:

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

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

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

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

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

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

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

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

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

The on-site drainage system shall, as a minimum, be designed to handle the run-off generated by a ten (10) year storm. Check for flooding of all 649
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on-site structures (buildings) and all adjacent properties during a hundred (100) year storm.

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

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

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

3. All proposed drainage structures; and

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

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

73. 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

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

K. Precise grading plans shall be approved
L. Rough grading completed
M. Compaction certification
N. Pad elevation certification
O. Rough grade inspection signed off by a City Building Inspector

75. 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.

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

Prior to Certificate of Occupancy or Permit Approval

77. All industrial facilities shall submit an Industrial Wastewater Discharge Permit Application to the Public Works Department, Environmental Control. (FMC 23-218)

78. All commercial facilities conducting activities listed below shall submit an Industrial Wastewater Discharge Permit application to the Public Works Department, Environmental Control. (FMC 23-218)

79. Any facility maintained for the servicing, washing, cleaning or repair of vehicles, construction equipment, industrial transportation or power equipment. (FMC 23- 218)

80. All restaurants or other food processing facilities. (FMC 23-218)

81. All facilities maintained for the processing, filtering, softening or conditioning of water. (FMC 23-218)

82. Any facility which has a projected wastewater discharge that exceeds 25,000 gallons of water per day, or which may be categorized as a Federal Categorical discharger, or which is requesting a permit to discharge to the Inland Empire Utilities Agency (IEUA) Non-Reclaimable Wastewater Line (NRW) shall submit a Uniform Industrial Wastewater Survey and Permit Application to IEUA and the Public Works Department, Environmental Control. (FMC 23-216)
Prior to the Issuance of Construction Permits:

83. Any facility proposing the discharge of non-domestic wastewater to the sanitary sewer shall demonstrate in the plan check process, through the submittal of detailed plans showing pretreatment facilities and operating procedures, that the user will pretreat wastewater to a level required to comply with FMC 23-136 - Concentration Limitations and/or FMC 23-138 – Applicability of Federal Categorical Pretreatment Standards, and/or any other applicable standard as established. (FMC 23-186)

84. All commercial or industrial facilities within the following categories must install a gravity separation interceptor to comply with the requirements of the Fontana Municipal Code (FMC Section 23-190) unless the requirement is modified by a variance issued by the Public Works Manager.

85. Any facility maintained for the washing and/or cleaning of vehicles, construction equipment, industrial transportation or power equipment. The facility is required to have a designated covered area with all service bay doors protected by floor/trench drains connected to sand/oil separator to prevent the washout and/or discharge of liquids. (FMC 23-161)
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86. Any facility maintained for the servicing of vehicles, construction equipment, industrial transportation or power equipment and has installed trench or floor drains in service bays is required to connect to a sand/oil separator. (FMC 23-161)

87. All restaurants or other food processing facilities (FMC 23-163). Conditional waivers for the grease interceptor requirement may be granted by the Public Works Manager in accordance with section 23-52 for those restaurants or food processing facilities determined not to have adverse effects on the Publicly Owned Treatment Works (POTW).

Storm Water
Upon Certificate of Occupancy or Permit Approval and during Occupancy:

88. All Commercial, Industrial, Institutional, and/or other facilities deemed to have the potential to discharge pollutants to the storm drain system shall implement source control and pollution prevention practices to prevent unauthorized, non-storm water discharges, at all times.

89. Vehicle, equipment and/or exterior washing activities are prohibited unless a wastewater recovery system is in place. All wastewater shall be recovered, stored and disposed of by proper and legal means through a waste disposal facility.

Contractors hired for washing activities shall maintain a current City of Fontana Business License Tax Certificate to operate as a mobile washing business.

90. Facilities that conduct regular and routine washing and/or cleaning of vehicles, construction equipment, industrial transportation or power equipment are required to have a designated wash rack area. (See Pretreatment Conditions above).

Prior to Business License and C of O approval:

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

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

SAN BERNARDINO COUNTY FIRE DEPARTMENT:

93. 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 652
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current California Fire Code requirements and all applicable statutes, codes, ordinances, and standards of the Fire Department.

94. 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.

95. 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.

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

97. 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.

98. Water System Commercial. Prior to map recordation or lot line adjustment, all water supply systems shall be designed to meet the required fire flow for this development and shall be approved by the Fire Department. The required fire flow shall be determined by using Appendix BB of the California Fire Code. A minimum of one new six (6) inch fire hydrant assembly with two (2) two and one half (2 1/2) inch and one (1) four (4) inch outlet (4”x2.5”x2.5”) shall be provided. All fire hydrants shall be spaced no more than three hundred (300) feet apart as measured along vehicular travel-ways. California Fire Code Chapter 5 & SBCoFD Standard W-2.

The Fire Flow for this project shall be: 4,000 GPM for a two (2) hour duration at 20 psi residual operating pressure. Fire Flow is based on: BLDG1: 150,538; BLDG2:
188,104; BLDG 3: 193,462 Square Foot structure.

99. Hydrant Marking. Blue reflective pavement markers indicating fire hydrant locations shall be installed as specified by the Fire Department. SBCoFD Standard W-2.
100. Water System Certification. The applicant shall provide the Fire Department with a letter from the serving water company, certifying that the required water 653
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improvements have been made or that the existing fire hydrants and water system will meet distance and fire flow requirements. Fire flow water supply shall be in place prior to placing combustible materials on the jobsite. California Fire Code Chapter 5. 101. 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. 102. 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.
103. Fire Alarm, Waterflow Monitoring. A water flow monitoring fire alarm system complying with the California Fire Code, NFPA and all applicable codes is required or fire sprinkler systems with twenty (20) sprinkler heads or more. A fire alarm contractor shall submit three (3) sets of detailed plans to the Fire Department for review and approval. The required fees shall be paid at the time of plan submittal.

California Fire Code Chapter 9, NFPA 72 & SBCoFD Standard F-5. 104. 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.
105. 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.
106. Commercial (large facility) Addressing. Commercial and industrial developments in excess of 100,000 sq. ft. shall have the street address installed on the building with numbers that are a minimum twelve (12) inches in height and with a one and one half (1 ½) inch stroke. The street address shall be visible from the street. During the hours of darkness, the numbers shall be electrically illuminated (internal or external). Where the building is two hundred (200) feet or more from the roadway, additional non-illuminated contrasting six (6) inch numbers shall be displayed at the property access entrances. California Fire Code Chapter 5 & SBCoFD Standard B1 107. 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
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108. 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-3 109. 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. 110. 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.
111. Secondary Access. The development shall have a minimum of two (2) points of vehicular access during each phase of construction for fire and emergency access purposes and for evacuation routes. SBCoFD Standard A-1

END OF CONDITIONS
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ATTACHMENT NO. 27
ORDINANCE NO. ____

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

APPROVING, PURSUANT TO THE CERTIFIED ENVIRONMENTAL IMPACT

REPORT FOR THE CITRUS/OLEANDER INDUSTRIAL COMMERCE CENTER (STATE CLEARINGHOUSE NO. 2022110389), ZONING DISTRICT MAP AMENDMENT NO. 23-006 TO CHANGE THE ZONING DESIGNATION FOR APNS 0255-011-13, -14, -15, -18, -19, -25, -26, -27, -28, -29, -30, -31, and -32, AND 0255-021-17, -18, -22, -23, and -24, INCLUDING A FIVE-ACRE PARCEL

WHERE NO DEVELOPMENT IS CURRENTLY PROPOSED, FROM

RESIDENTIAL PLANNED COMMUNITY (R-PC) AND MULTI-FAMILY
MEDIUM/HIGH DENSITY RESIDENTIAL (R-4) TO SOUTHWEST INDUSTRIAL

PARK (SWIP) SPECIFIC PLAN, SLOVER EAST INDUSTRIAL DISTRICT FOR APPROXIMATELY 29.4 ACRES LOCATED WEST OF CITRUS AVENUE, EAST AND WEST OF OLEANDER AVENUE AND NORTH OF SANTA ANA AVENUE.

WHEREAS, 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 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 a public hearing held on Citrus/Oleander Industrial Commerce Center EIR (State Clearinghouse No. 2022110389), and MCN No. 22-053.

After carefully considering all information pertaining to the project, recommended approval of the Project to the Fontana City Council (“City Council”); and WHEREAS, on July 25, 2023, the City Council held a duly noticed public hearing on Citrus/Oleander Industrial Commerce Center EIR (State Clearinghouse No. 2022110389) and MCN No. 22-053, where City Council received evidence and 656
Ordinance No. 2023 - ___

testimony concerning the project and denied the project with a vote of 3-2; 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 4, 2023, John Shardlow with Allen Matkins Leck Gamble Mallory & Natsis LLP, submitted a request on behalf of the Applicant for permission to file a new application based on revisions to the proposed project; and WHEREAS, on October 24, 2023, the City Council Approved the Applicant’s request for reconsideration with a vote of 4-1; and
WHEREAS, on October 25, 2023, applicant, Acacia Real Estate Group Inc., submitted a request to amend the General Plan Land Use designation (General Plan Amendment No. 23-004) on approximately 29.4 adjusted gross acres (APNs 0255- 011-13, -14, -15, -18, -19, -25, -26, -27, -28, -29, -30, -31, and -32, and 0255-021-17, -18, -22, -23, and -24 (inclusive of a five-acre parcel that does not include development) from Residential Planned Community (R-PC) and Multiple-Family Medium/High Residential (R-MFMH) to General Industrial (I-G); Specific Plan Amendment 23-004 to amend the Southwest Industrial Park (SWIP) Specific Plan Land Use Plan to expand the SWIP boundary to include the entire 29.4 acres and designate the property with Slover East industrial District (SED) land use designation; Zoning District Map Amendment No. 23-006 to rezone the parcels from Residential Planned Community (R-PC) and Multiple-Family Medium/High Density Residential (R4) to Southwest Industrial Park (SWIP) Specific Plan, Slover East Industrial District (see attached Exhibit “A”); and approving Tentative Parcel Map No. 22-009R1 (TPM No. 20709) to consolidate six (6) parcels 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 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 into one to develop the project site for Building No. 3; Design Review No. 22-029R1 for the design of Building No. 1; Design Review No. 22-061R1 for the design of Building No. 2; and Design Review No. 22-062R1 for the design of Building No. 3 totaling approximately 532,104 square feet and associated on-site and off-site improvements; 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; and

WHEREAS, an amendment to the boundaries of the SWIP specific plan and zoning classifications would allow for the development of the industrial commerce buildings; 657
Ordinance No. 2023 - ___

and
WHEREAS, the subject property is to be developed below the assumed capacity as identified in the approved Housing Element, however there is still sufficient capacity in the city at the “extremely low/very low” income category to meet the City’s Regional House Needs Assessment (RHNA) allocation; and
WHEREAS, to comply with California’s Housing Crisis Act of 2019 (SB 330), the project will participate in the City of Fontana Municipal Code (“FMC”) Chapter 30 Article XV “No Net Loss Density Bonus/Replacement Program.” Pursuant to FMC section 30-967, the Unit Bank cannot exceed 2,200 units. The Unit Bank is currently 1,280 units. These 507 units will be added to the Unit Bank increasing the number of units in the Unit Bank to 507 which is less than the 2,200 units authorized by FMC. The units in the Unit Bank shall be available as density bonuses for other residential properties throughout the city. The program will enable, on a first come, first serve basis, density bonuses of up to 20% on other parcels until these 1787 residential units are reclaimed within future planned residential projects; and WHEREAS, A Draft Environmental Impact Report (Draft EIR) was circulated for the 45-day public review period on November 10, 2022, with the review period closing on May 22, 2023. The document was submitted to the State Clearinghouse for notification to State agencies for comment (SCH No. 2022110389). The Planning Commission conducted a public hearing on the DEIR on April 18, 2023, to receive public comments, and prior to the end of the comment period of May 22, 2023, the City received comments on the Draft EIR from public agencies, organizations, and individuals; responses to these comments are included in the Final EIR, which consists of the Draft EIR, comments and responses to comments on the Draft EIR, a list of those commenting on the Draft EIR, a Statement of Overriding Consideration, and related Findings. Based on the City’s review of the Project, and the T&B Planning Letter and Urban Crossroad Supplemental Assessment, no recirculation of the EIR is required by CEQA Guidelines section 15088.5 as the Project, as detailed above, would result in the same or fewer/lesser impacts on the environment in comparison to the conclusions presented in the Draft EIR. To approve the project, the City Council must adopt a Statement of Overriding Considerations identifying that the project benefits override or outweigh the project’s identified unavoidable environmental impacts (greenhouse gas emissions, noise, and transportation) which have been prepared and are attached with the specific mitigation monitoring and reporting program, for the City Council. The project’s California Environmental Quality Act (CEQA) environmental documents can be viewed at Environmental Documents | Fontana, CA - Official Website (fontanaca.gov)
WHEREAS, on November 14, 2023, the City Council held a duly noticed public hearing on Citrus/Oleander Industrial Commerce Center EIR (State Clearinghouse No. 2022110389) and MCN No. 23-100, received testimony and evidence concerning the project and found it to be in conformance with the goals and policies of the General Plan, found that the project provides a community that is balanced between residential, 658
Ordinance No. 2023 - ___

commercial and industrial that is developed to high standards, found that the project provides diverse economic and social opportunities for our citizens and those who wish to invest in the City of Fontana (“City”); and
WHEREAS, on November 14, 2023, pursuant to Resolution No. 2023-110 the City Council certified the Citrus/Oleander Industrial Commerce Center EIR (State Clearinghouse No. 2022110389) and adopted the Mitigated Monitoring and Reporting Program (“MMRP”) for the revised project; and
WHEREAS, all the notices required by statute and the FMC have been given as required; and
WHEREAS, ZCA No. 23-006 is consistent with the goals and policies of the City and Goal number 7 of Chapter 15 of the Fontana 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. Consistent with the California Environmental Quality Act (CEQA) (Pub. Resources Code § 21000 et seq.) and the State CEQA Guidelines (Cal.

Code Regs., tit. 14, § 15000 et seq.), on Citrus/Oleander Industrial Commerce Center EIR (State Clearinghouse No. 2022110389) was prepared for development, including the General Plan Amendment and Tentative Vesting Map. The City Council has certified the Citrus/Oleander Industrial Commerce Center EIR and adopted the MMRP and, based on the CEQA Sections 15162 through 15164, staff has determined that none of the criteria requiring a subsequent environmental document have been met and that further environmental analysis is not required. A Notice of Determination has been prepared.

SECTION 3. Zoning District Map Amendments Findings. The City Council hereby makes the following findings for ZCA No. 23-006 in accordance with Section 30-40 “Purpose” of the Fontana Zoning and Development Code:

Finding: The Zoning and Development Code may be amended by changing the development standards (text) or zoning
designation map boundaries of any zone whenever such an amendment is deemed necessary to protect or promote the public's health, safety, or general welfare or when
modification is viewed as appropriate in the context of generally accepted planning principles, surrounding land uses, and the General Plan.
659
Ordinance No. 2023 - ___

Findings of Fact: The zoning change from Residential Planned Community (R-PC) and Multiple-Family Medium/High Density Residential (R-4) to Southwest Industrial Park (SWIP) Specific Plan, Slover East Industrial District would allow for the construction of three (3) industrial commerce center buildings totaling approximately 521,030 square feet. This development will assist with growing industrial commerce demand in the City and the surrounding area.

The zone change will provide consistency with the zoning and development to the south and west of the subject site and will provide safe and attractive development.

SECTION 4. Zoning District Map Amendment Approval. The City Council approves ZCA No. 23-006 to amend the zoning designation for APNS 0255-011-13, - 14, -15, -18, -19, -25, -26, -27, -28, -29, -30, -31, and -32, and 0255-021-17, -18, -22, -23, and -24,including a five-acre parcel with no development, from Residential Planned Community (R-PC) and Multi-Family Medium/High Density Residential (R-4) to Southwest Industrial Park (SWIP) Specific Plan, Slover East Industrial District for approximately 29.4 acres as shown on Exhibit “A” which is attached hereto and incorporated 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, or 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:
660
Ordinance No. 2023 - ___

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

EXISTING AND PROPOSED ZONING MAP DESIGNATION -

RESIDENTIAL PLANNED COMMUNITY (R-PC) AND MULTIPLE-FAMILY MEDIUM/HIGH DENSITY RESIDENTIAL (R-4) TO SOUTHWEST INDUSTRIAL

PARK (SWIP) SPECIFIC PLAN, SLOVER EAST INDUSTRIAL DISTRICT 661
Ordinance No. 2023 - ___

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662
ATTACHMENT NO. 28
ORDINANCE NO. _____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

FONTANA APPROVING, PURSUANT TO THE CERTIFIED

CITRUS/OLEANDER INDUSTRIAL COMMERCE CENTER EIR (STATE
CLEARINGHOUSE NO. 2022110389), THE SPECIFIC PLAN
AMENDMENT NO. 23-004, TO SOUTHWEST INDUSTRIAL PARK
(SWIP) SPECIFIC PLAN TO EXPAND THE SWIP BOUNDARY TO

INCLUDE THE ENTIRE PROJECT SITE LOCATED WEST OF CITRUS

AVENUE, EAST AND WEST OF OLEANDER AVENUE AND NORTH OF

SANTA ANA AVENUE AND DESIGNATE THE PROPERTY SLOVER
EAST INDUSTRIAL DISTRICT.

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.

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 with respect to MCN No. 22- 053, and after carefully considering all information pertaining to the project, voted 5-0, to recommend approval to Fontana City Council (“City Council”) by Resolution No. PC 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, Sections 30-39 (General Plan Amendment, Time limitations) and 30- 663
Ordinance No.___

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 4, 2023, John Shardlow with Allen Matkins Leck Gamble Mallory & Natsis LLP, submitted a request on behalf of the Applicant for permission to file a new application based on revisions to the project; and WHEREAS, on October 24, 2023, the City Council approved the reconsideration with a vote of 4-1; 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 (RMFMH) 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) that is illustrated in the map attached hereto as Exhibit “A”; Zoning District Map Amendment No. 23-006 (ZCA No. 23-006) to rezone the property from Residential Planned Community (R-PC) and MultiFamily 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 November 14, 2023, the City Council held a duly noticed public hearing on Citrus/Oleander Industrial Commerce Center EIR (State Clearinghouse No. 2022110389) and MCN No. 23-100, received testimony and evidence concerning the 664
Ordinance No.___

project and found it to be in conformance with the goals and policies of the General Plan, found that the project provides a community that is balanced between residential, commercial and industrial that is developed to high standards, and found that the project provides diverse economic and social opportunities for our citizens and those who wish to invest in the City of Fontana (“City”); and
WHEREAS, on November 14, 2023, pursuant to Resolution No. 2023-110 the City Council certified the Citrus/Oleander Industrial Commerce Center EIR (State Clearinghouse No. 2022110389) and adopted the Mitigated Monitoring and Reporting Program (“MMRP”) for the revised project; and
WHEREAS, all the notices required by statute and the FMC have been given as required.

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. Consistent with the California Environmental Quality Act (CEQA) (Pub. Resources Code § 21000 et seq.) and the State CEQA Guidelines (Cal.

Code Regs., tit. 14, § 15000 et seq.), on Citrus/Oleander Industrial Commerce Center EIR (State Clearinghouse No. 2022110389) was prepared for development, including the General Plan Amendment and Tentative Vesting Map. The City Council has certified the Citrus/Oleander Industrial Commerce Center EIR and adopted the MMRP and, based on the CEQA Sections 15162 through 15164, staff has determined that none of the criteria requiring a subsequent environmental document have been met and that further environmental analysis is not required. A Notice of Determination has been prepared.

SECTION 3. Specific Plan Amendment Findings. The City Council hereby makes the following findings for SPA No. 23-004 in accordance with Section 30-67 “Purpose” of the Fontana Zoning and Development Code:

Finding: A Specific Plan may be amended by changing the development standards or zoning designation of any zone whenever such an amendment is deemed necessary to protect or promote the public's health, safety or general welfare or when modification is viewed as appropriate in the context of generally accepted planning principles, surrounding land uses, and the General Plan.

Findings of Fact: The specific plan amendment to the existing Southwest Industrial Park Specific Plan (SWIP) is to expand the SWIP boundary to include the entire 29.4 acres to allow for the potential development 665
Ordinance No.___

of three industrial commerce buildings totaling 532,104 square feet.

This development will provide attractive development with quality modern type of architecture and vast landscaping. This type of development will enhance the industrial areas with an attractive street scene and high-quality industrial development. This type of development will be consistent with the areas to the south and west.

SECTION 4. Specific Plan Amendment Approval. The City Council hereby approves SPA No. 23-004 and the Southwest Industrial Park Specific Plan is expanded to include 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 in the SWIP and designate the area as Slover East Industrial District as shown on Exhibit “A,” which is attached hereto and incorporated 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, or 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 666
Ordinance No.___

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:
_________________________________________
City Clerk of the City of Fontana
_________________________________________
Mayor of the City of Fontana
ATTEST:
_________________________________________
City Clerk
667
EXHIBIT “A”

SOUTHWEST INDUSTRIAL PARK SPECIFIC PLAN LAND

USE MAP AMENDMENT
668
ORDINANCE NO.______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

FONTANA APPROVING, PURSUANT TO THE CERTIFIED

CITRUS/OLEANDER INDUSTRIAL COMMERCE CENTER
EIR (STATE CLEARINGHOUSE NO. 2022110389), THE
DEVELOPMENT AGREEMENT 23-085 BETWEEN THE

CITY OF FONTANA AND ACACIA REAL ESTATE GROUP,
INC., WHICH PROVIDES A PUBLIC BENEFIT FEE IN THE
AMOUNT OF $3,192,624.00 AND 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 AT
MARTIN TUDOR REGIONAL PARK.

WHEREAS, the City Council ("City Council") of the City of Fontana ("City") is authorized by California Government Code sections 65864 et seq. and section 30-322 of the City's Development Code ("Development Code") to enter into an agreement for the development of real property with any person having a legal or equitable interest in such property in order to establish certain development rights in such property; and WHEREAS, City has found that development agreements will strengthen the public planning process, encourage private participation in comprehensive planning by providing a greater degree of certainty in that process, reduce the economic costs of development, allow for the orderly planning of public improvements and services, allocate costs to achieve maximum utilization of public and private resources in the development process, and ensure that appropriate measures to enhance and protect the environment are achieved; and
WHEREAS, because of the logistics, magnitude of the expenditure, and considerable lead time required to plan and develop the Property, Acacia Real Estate Group, Inc. (“Developer”) has proposed to enter into a development agreement concerning the Property (“Development Agreement”), to provide assurances that the Property can be developed without disruption caused by a change in the City’s planning policies and requirements except as provided in the Development Agreement, which assurances will thereby reduce the actual or perceived risk of planning for and proceeding with development of the Property; and
WHEREAS, the City of Fontana, a California Municipal Corporation ("City") and Developer are supportive of entering into a Development Agreement whereby Developer will acquire fee title to certain real property (the "Property"); and WHEREAS, Developer's interest in the Property, including that interest to be conveyed pursuant to the DA, constitutes a legal or equitable interest in real property pursuant to California Government Code section 65865; and ATTACHMENT NO. 29
669
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WHEREAS, Developer proposes the development of the Property for three industrial buildings totaling approximately 532,104 square feet, including up to 44,000 square feet of office space, entailing front end investment in the planning, entitlement and development of the Property to achieve the goals of the City's General Plan ("General Plan"), as further described and conditioned in the Development Agreement (collectively, such development shall be referred to herein as the "Project"); and WHEREAS, City desires the timely, efficient, orderly and proper development of the Project in furtherance of the goals of the General Plan; and WHEREAS, City has found that the development agreement attached hereto as Exhibit A and incorporated herein by reference ("Development Agreement") is consistent with City's General Plan and it has been reviewed and evaluated in accordance with Section 30-102 of the City Development Code; and
WHEREAS, City has determined that by entering into the Development Agreement: (i) City will promote orderly growth and quality development on the Property in accordance with the goals and policies set forth in the General Plan and (ii) City will benefit from increased employment and industrial opportunities created by the Project for residents of the City; and
WHEREAS, 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.

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), 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 670
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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 4, 2023, John Shardlow with Allen Matkins Leck Gamble Mallory & Natsis LLP, submitted a request on behalf of the Applicant for permission to file a new application based on revisions to the proposed project; and WHEREAS, on October 24, 2023, the City Council Approved the reconsideration with a vote of 4-1; 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 (R-MFMH) to General Industrial (I-G) on approximately 29.4 adjusted gross acres of a 18 parcels (APNs: 0255-011-13, -14, -15, -18, -19, -25, -26, -27, -28, -29, -30, -31, and -32, and 0255-021-17, -18, -22, -23, and -24, including a five-acre parcel that excludes development); 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 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 at Martin Tudor Regional Park. All of the amendments together are known as Master Case No. 23-100 (MCN 23-100); and WHEREAS, on November 14, 2023, the City Council held a duly noticed public hearing on Citrus/Oleander Industrial Commerce Center EIR (State Clearinghouse No. 671
4 of 5
2022110389) and MCN No. 23-100, received testimony and evidence concerning the project and found it to be in conformance with the goals and policies of the General Plan, found that the project provides a community that is balanced between residential, commercial and industrial that is developed to high standards, and found that the project provides diverse economic and social opportunities for our citizens and those who wish to invest in the City of Fontana (“City”); and
WHEREAS, on November 14, 2023, pursuant to Resolution 2023-110 the City Council certified the Citrus/Oleander Industrial Commerce Center EIR (State Clearinghouse No. 2022110389) and adopted the Mitigated Monitoring and Reporting Program (“MMRP”) for the revised project; and
WHEREAS, the terms and conditions of the Development Agreement have undergone review by City at publicly noticed hearings and have been found to be fair, just and reasonable, and consistent with the General Plan. Further, City finds that:
(i) the economic interests of the City's citizens and the public health, safety and welfare will be best served by entering into the Development Agreement; (ii) the Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the Property is located; (iii) the Development Agreement is consistent with the General Plan; (iv) the Development Agreement is in conformity with the public convenience, general welfare and good land use practice;
(v) the Development Agreement will not be detrimental to the public health, safety and general welfare; and
(vi) the Development Agreement will not adversely affect the orderly development or the preservation of property values for the Property or any other property; and WHEREAS, all the notices required by statute and the FMC have been given as required.

THE CITY COUNCIL OF THE CITY OF FONTANA DOES ORDAIN AS
FOLLOWS:

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

SECTION 2. CEQA. Consistent with the California Environmental Quality Act (CEQA) (Pub. Resources Code § 21000 et seq.) and the State CEQA Guidelines (Cal.

Code Regs., tit. 14, § 15000 et seq.), on Citrus/Oleander Industrial Commerce Center EIR (State Clearinghouse No. 2022110389) was prepared for development, including the 672
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General Plan Amendment and Tentative Vesting Map. The City Council has certified the Citrus/Oleander Industrial Commerce Center EIR and adopted the MMRP and, based on the CEQA Sections 15162 through 15164, staff has determined that none of the criteria requiring a subsequent environmental document have been met and that further environmental analysis is not required. A Notice of Determination has been prepared.

SECTION 3. Development Agreement Findings. Based on the entire record before the City Council and all written and oral evidence presented, the City Council finds this Ordinance promotes the public health, safety and welfare of the community because the Development Agreement will enable needed public improvements at the Property and the economic development of the Property will benefit the citizens of the City.

The City Council further finds that among the public benefits to accrue to the residents of the City as a result of the Development Agreement are:

1. The revitalization of an underdeveloped site.

2. The development of onsite infrastructure upgrades that would not occur otherwise.

3. The generation of additional property tax.

4. The stimulation of adjacent areas in the City by introducing new industrial facility and opportunities.

5. The implementation of numerous City planning and economic development policies which benefit the health and fiscal welfare of the City and its residents.

6. The payment of a public benefit fee from the Developer to the City to offset certain private benefits received by Developer under the DA.

7. The revitalization of an underdeveloped site.

8. The development of onsite infrastructure upgrades that would not occur otherwise.

9. The generation of additional property tax.

10.The stimulation of adjacent areas in the City by introducing new industrial facility and opportunities.

11.The implementation of numerous City planning and economic development policies which benefit the health and fiscal welfare of the City and its residents.

12.The payment of a public benefit fee from the Developer to the City to offset certain private benefits received by Developer under the DA.

SECTION 4. Development Agreement Approval. Pursuant to California Government Code sections 65865 et seq., the City Council hereby approves the Development Agreement, a copy of which is on file with the City Clerk and incorporated by reference herein attached as “Exhibit A” for entitled "Development Agreement No. 23- 085 between Acacia Real Estate Group, Inc. and the City of Fontana, a California municipal corporation.

SECTION 5. Recordation. The City Clerk shall cause to be recorded with the San Bernardino County Recorder a copy of the executed Development Agreement at the time and in the manner provided for in the DA.
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SECTION 6. 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 7. 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 8. Certification. The City Clerk of the City Council shall certify to the adoption of this Ordinance.

SECTION 9. 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:

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

City Clerk
675
Exhibit A
EXHIBIT "A"

DEVELOPMENT AGREEMENT
676
Exhibit A
Recorded at request of: )
Clerk, City Council )
City of Fontana )
)
When recorded return to: )
City of Fontana )
8353 Sierra Avenue )
Fontana, CA 92335 )
Attention: City Clerk )
)
Exempt from Filing Fees, Government Code Section 6103
DEVELOPMENT AGREEMENT NO. 23-085

A DEVELOPMENT AGREEMENT BETWEEN

CITY OF FONTANA
a California Municipal Corporation
(“City”)
and
ACACIA REAL ESTATE GROUP, INC.,
(“Owner”)
677
Exhibit A
DEVELOPMENT AGREEMENT NO. 23-085
This Development Agreement (hereinafter “Agreement”) is entered into effective on the date it is recorded with the San Bernardino County Recorder (hereinafter the “Effective Date”) by and among the City of Fontana, a California municipal corporation (hereinafter, “CITY”), and Acacia Real Estate Group, Inc. (hereinafter, “OWNER”):

RECITALS
WHEREAS, CITY is authorized to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property, pursuant to Section 65864 et seq. of the Government Code; and WHEREAS, OWNER has requested CITY to enter into a development agreement with respect to that certain real property located north of Santa Ana Avenue, east of Citrus Avenue, and west of Oleander Avenue (APNs: 0255-021-17, -18, -22 thru -24, 0255-011- 13, -14, -18, -19, -25 thru -32). as more particularly described on Exhibit “A” to this Agreement (the “Property”), and proceedings have been taken in accordance with the rules and regulations of CITY; and
WHEREAS, by electing to enter into this Agreement, CITY shall bind future City Councils of CITY by the obligations specified herein and limit the future exercise of certain governmental and proprietary powers of CITY; and
WHEREAS, the terms and conditions of this Agreement have undergone extensive review by CITY and the City Council and have been found to be fair, just and reasonable; and
WHEREAS, the best interests of the citizens of the CITY and the public health, safety and welfare will be served by entering into this Agreement; and WHEREAS, prior to the adoption of the Development Approvals described in this Agreement, the City Council of the City of Fontana reviewed, considered, and certified the Environmental Impact Report (“EIR”) for the Citrus/Oleander Industrial Center of which the Project, as that term is defined below, is a part, and made findings concerning the mitigation measures for the Project, and adopted a Mitigation Monitoring and Reporting Program in accordance with CEQA and the State and City CEQA Guidelines; and
WHEREAS, DEVELOPER has filed an application for, and the City Council has approved Master Case (MCN) No. 23-100, Design Review (DRP) No. 22-029R1 (Building No. 1), Tentative Parcel Map (TPM) No. 22-009R1 (Building No. 1), Design Review No. 22-061R1 (Building No. 2) Tentative Parcel Map (TPM) No. 22-030R1 (Building No. 2), Design Review No. 22-062R1 (Building No. 3), Tentative Parcel Map (TPM) No. 22- 031R1 (Building No. 3), General Plan Amendment (GPA) No. 23-004, Zone District Map 678
Exhibit A
Amendment Application (ZCA) No. 23-006, and Specific Plan Amendment No. 23-004 (collectively, the “Project”).

WHEREAS, this Agreement and the Project are consistent with the CITY’s Comprehensive General Plan and any Specific Plan applicable thereto; and WHEREAS, all actions taken and approvals given by CITY have been duly taken or approved in accordance with all applicable legal requirements for notice, public hearings, findings, votes, and other procedural matters; and WHEREAS, development of the Property in accordance with this Agreement will provide substantial benefits to CITY and will further important policies and goals of CITY; and
WHEREAS, this Agreement will eliminate uncertainty in planning and provide for the orderly development of the Property, ensure progressive installation of necessary improvements, provide for public services appropriate to the development of the Project, and generally serve the purposes for which development agreements under Sections 65864 et seq of the Government Code are intended; and
WHEREAS, OWNER has incurred and will in the future incur substantial costs in excess of the generally applicable requirements in order to assure vesting of legal rights to develop the Property in accordance with this Agreement.

COVENANTS
NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1. DEFINITIONS AND EXHIBITS.

1.1 Definitions. The following terms when used in this Agreement shall be defined as follows:

1.1.1 “Agreement” means this Development Agreement.

1.1.2 “CITY” means the City of Fontana, a municipal corporation, organized and existing pursuant to the laws of the State of California.

1.1.3 “Development” means the improvement of the Property for the purposes of completing the structures, improvements and facilities comprising the Project including, but not limited to: grading; the construction of infrastructure and public facilities related to the Project whether located within or outside the Property; the construction of buildings and structures; and the installation of landscaping. “Development” does not include the 679
Exhibit A
maintenance, repair, reconstruction or redevelopment of any building, structure, improvement or facility after the construction and completion thereof.

1.1.4 “Development Approvals” means all permits and other entitlements for use subject to approval or issuance by CITY in connection with development of the Property including, but not limited to:
(a) conditional use permits and design review permits;
(b) tentative parcel maps;
(c) General Plan and Zoning Code amendments; and,
(d) grading, encroachment and building permits.

1.1.5 “Development Exaction” means any requirement of CITY in connection with or pursuant to any Land Use Regulation or Development Approval for the dedication of land, the construction of improvements or public facilities, or the payment of fees in order to lessen, offset, mitigate or compensate for the impacts of development on the environment or other public interests.

1.1.6 “Development Impact Fee” means a monetary exaction other than a tax or special assessment, whether characterized as a fee or a tax and whether established for a broad class of projects by legislation of general applicability or imposed on a specific project on an ad hoc basis, that is charged by a local agency to the applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project, but does not include park “in lieu” fees specified in Government Code Section 66477, fees for processing applications for governmental regulatory actions or approvals, fees collected under development agreements adopted pursuant to Article 2.5 of the Government Code (commencing with Section 65864) of Chapter 4, or fees collected pursuant to agreements with redevelopment agencies which provide for the redevelopment of property in furtherance or for the benefit of a redevelopment project for which a redevelopment plan has been adopted pursuant to the Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code).

1.1.7 “Development Plan” means the Existing Development Approvals and the Existing Land Use Regulations, as those terms are defined herein, applicable to development of the Property.

1.1.8 “Effective Date” means the date the ordinance approving this Agreement becomes effective.

1.1.9 “Existing Development Approvals” means all Development Approvals approved or issued prior to the Effective Date.
680
Exhibit A

1.1.10 “Existing Land Use Regulations” means all Land Use Regulations in effect on the Effective Date.

1.1.11 “Land Use Regulations” means all ordinances, resolutions, codes, rules, regulations and official policies of CITY governing the development and use of land, including, without limitation, the permitted use of land, the density or intensity of use, subdivision requirements, timing and phasing of development, the maximum height and size of proposed buildings, the provisions for reservation or dedication of land for public purposes, and the design, improvement and construction standards and specifications applicable to the development of the Property. “Land Use Regulations” does not include any CITY ordinance, resolution, code, rule, regulation or official policy, governing:
(a) the conduct of businesses, professions, and occupations; (b) taxes and assessments;
(c) the control and abatement of nuisances;
(d) the granting of encroachment permits and the conveyance of rights and interests which provide for the use of or the entry upon public property; (e) the exercise of the power of eminent domain.

1.1.12 “Mortgagee” means a mortgagee of a mortgage, a beneficiary under a deed of trust or any other security-device lender, and their successors and assigns.

1.1.13 “OWNER” means the persons and entities listed as OWNER on page 1 of this Agreement and their successors in interest to all or any part of the Property.

1.1.14 “Project” means the development of the Property contemplated by the Development Plan as such Plan may be further defined, enhanced or modified pursuant to the provisions of this Agreement.

1.1.15 “Property” means the real property described on Exhibit “A” as shown on to this Agreement.

1.1.16 “Public Benefit Fee” means the one-time public benefit fee described in Section 4.3 of this Agreement.

1.1.17 “Reservations of Authority” means the rights and authority excepted from the assurances and rights provided to OWNER under this Agreement and reserved to CITY under Section 3.6 of this Agreement.

1.1.18 “Subsequent Development Approvals” means all Development Approvals required subsequent to the Effective Date in connection with development of the Property.
681
Exhibit A

1.1.19 “Subsequent Land Use Regulations” means any Land Use Regulations adopted and effective after the Effective Date of this Agreement.

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

Exhibit “A” — Legal Description of all three Properties.

Exhibit “B” — Map showing Property and its location.

Exhibit "C” - Map showing location of the Pump Track, Mountain Bike Trails, and Operation Facility
Exhibit “D” – Map Showing location of the Race Track

2. GENERAL PROVISIONS.

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

2.2 Ownership of Property. OWNER represents and covenants that it is the legal or equitable owner of the fee simple title to the Property or a portion thereof.

2.3 Term. The initial term of this Agreement shall commence on the Effective Date and shall continue for a period of ten (10) years thereafter unless this term is modified or extended pursuant to the provisions of this Agreement. Notwithstanding the foregoing, the term of this Development Agreement may be extended for an additional five (5) years following expiration of the initial term, provided the following have occurred:
(a) OWNER provides at least ninety (90) days written notice to CITY prior to the expiration of the initial term; and
(b) OWNER shall have obtained building permits for at least sixty-seven percent (67%) of the gross area of the industrial building(s) contemplated by the Project; and
(c) OWNER is not then in uncured default of this Agreement.

The initial term and, if and upon extension, the 5-year extension, shall sometimes be referred to herein collectively as the “Term.”
The term of this Agreement shall not be considered to run and shall toll for any period in which the Project is being challenged or litigated by a third-party.

2.4 Assignment.
682
Exhibit A

2.4.1 Right to Assign. OWNER shall have the right to sell, transfer or assign the Property in whole or in part (provided that no such partial transfer shall violate the Subdivision Map Act, Government Code Section 66410 et seq., to any person, partnership, joint venture, firm or corporation at any time during the term of this Agreement; provided, however, that any such sale, transfer or assignment shall include the assignment and assumption of the rights, duties and obligations arising under or from this Agreement and be made in strict compliance with the following conditions precedent:
(a) No sale, transfer or assignment of any right or interest under this Agreement shall be made unless made together with the sale, transfer or assignment of all or a part of the Property.
(b) Concurrent with any such sale, transfer or assignment, or within fifteen (15) business days thereafter, OWNER shall notify CITY, in writing, of such sale, transfer or assignment and shall provide CITY with an executed agreement, in a form substantially similar to that attached hereto as Exhibit “A” which has been deemed reasonably acceptable to CITY, by the purchaser, transferee or assignee and providing therein that the purchaser, transferee or assignee expressly and unconditionally assumes all the duties and obligations of OWNER under this Agreement. (c) Any sale, transfer or assignment not made in strict compliance with the foregoing conditions shall constitute a default by OWNER under this Agreement.

Notwithstanding the failure of any purchaser, transferee or assignee to execute the agreement required by Paragraph (b) of this Subsection 2.4.1, the burdens of this Agreement shall be binding upon such purchaser, transferee or assignee, but the benefits of this Agreement shall not inure to such purchaser, transferee or assignee until and unless such agreement is executed.

2.4.2 Release of Transferring Owner. Notwithstanding any sale, transfer or assignment, a transferring owner shall continue to be obligated under this Agreement unless such transferring owner is given a release in writing by CITY, which release shall be provided by CITY upon the full satisfaction by such transferring owner of the following conditions:
(a) OWNER no longer has a legal or equitable interest in all or any part of the Property.
(b) OWNER is not then in default under this Agreement.
(c) OWNER has provided CITY with the notice and executed agreement required under Paragraph (b) of Subsection 2.4.1 above. (d) The purchaser, transferee or assignee provides CITY with security equivalent to any security previously provided by OWNER to secure performance of its obligations hereunder.
683
Exhibit A

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,
(b) A certificate of occupancy or temporary certificate of occupancy has been issued for a building on the lot, and the fees set forth under Section 4 of this Agreement have been paid.

2.5 Amendment or Cancellation of Agreement. This Agreement may be amended or canceled in whole or in part only by written consent of all parties in the manner provided for in Government Code Section 65868 and the Development Agreement Policies. This provision shall not limit any remedy of CITY or OWNER as provided by this Agreement. Any amendment of this Agreement which has been requested by OWNER shall only be processed and considered by the CITY upon the payment of the applicable processing charge.

2.6 Termination. This Agreement shall be deemed terminated and of no further effect upon the occurrence of any of the following events:
684
Exhibit A
(a) Expiration of the stated term of this Agreement as set forth in Section

2.3. (b) Entry of a final judgment setting aside, voiding or annulling the adoption of the ordinance approving this Agreement.
(c) The adoption of a referendum measure overriding or repealing the ordinance approving this Agreement.
(d) Completion of the Project in accordance with the terms of this Agreement including issuance of all required occupancy permits and acceptance by CITY or applicable public agency of all required dedications. (e) Termination of this Agreement based on any default of OWNER and following the termination proceedings required by the Development Agreement Policies.

Termination of this Agreement shall not constitute termination of any other land use entitlements approved for the Property. Upon the termination of this Agreement, no party shall have any further right or obligation hereunder except with respect to any obligation to have been performed prior to such termination or with respect to any default in the performance of the provisions of this Agreement which has occurred prior to such termination or with respect to any obligations which are specifically set forth as surviving this Agreement. Upon such termination, any public facilities and services mitigation fees paid pursuant to Section 4.2 of this Agreement by OWNER to CITY buildings on which construction has not yet begun shall be refunded to OWNER by CITY.

2.7 Notices.
(a) As used in this Agreement, “notice” includes, but is not limited to, the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver, appointment or other communication required or permitted hereunder. (b) All notices shall be in writing and shall be considered given either: (i) when delivered in person to the recipient named below; or (ii) on the date of delivery shown on the return receipt, after deposit in the United States mail in a sealed envelope as either registered or certified mail with return receipt requested, and postage and postal charges prepaid, and addressed to the recipient named below; or (iii) on the date of delivery shown in the records of the telegraph company after transmission by telegraph to the recipient named below. All notices shall be addressed as follows:

If to CITY:

City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Attn: City Manager
Telephone: (909) 350-7600
685
Exhibit A
Copy to:

Best, Best & Krieger, LLP
2855 E Guasti Road
Ontario, CA 91761
Attn: City Attorney
Telephone: (909) 989-8584
Facsimile: (909) 944-1441
If to OWNER:

Acacia Real Estate Group, Inc.

Attn: David B. Pittman
260 Newport Center Drive, Suite 100
Newport Beach, CA 92660
Telephone: (714) 270-0777
Copy to:

Freeman, Freeman, Smiley
Attn: Jon S. Grizel
5 Park Plaza, Suite No. 650
Irvine, CA 92614
Telephone: (949) 252-2715
(c) Either party may, by notice given at any time, require subsequent notices to be given to another person or entity, whether a party or an officer or representative of a party, or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change.

3. DEVELOPMENT OF THE PROPERTY.

3.1 Rights to Develop. Subject to the terms of this Agreement including the Reservations of Authority, OWNER shall have a vested right to develop the Property in accordance with, and to the extent of, the Development Plan. The Project shall remain subject to all Subsequent Development Approvals required to complete the Project as contemplated by the Development Plan. Except as otherwise provided in this Agreement, the permitted uses of the Property, the density and intensity of use, the maximum height and size of proposed buildings, and provisions for reservation and dedication of land for public purposes shall be those set forth in the Development Plan.

3.2 Effect of Agreement on Land Use Regulations. Except as otherwise provided under the terms of this Agreement including the Reservations of Authority, the rules, regulations and official policies governing permitted uses of the Property, the density and intensity of use of the Property, the maximum height and size of proposed buildings, and the design, improvement and construction standards and specifications 686
Exhibit A
applicable to development of the Property shall be the Existing Land Use Regulations. In connection with any Subsequent Development Approval, CITY shall exercise its discretion in accordance with the Development Plan, and as provided by this Agreement including, but not limited to, the Reservations of Authority. CITY shall accept for processing, review and action all applications for Subsequent Development Approvals, and such applications shall be processed in the normal manner for processing such matters.

3.3 Timing of Development. The parties acknowledge that OWNER cannot at this time predict when or the rate at which phases of the Property will be developed. Such decisions depend upon numerous factors which are not within the control of OWNER, such as market orientation and demand, interest rates, absorption, completion and other similar factors. Since the California Supreme Court held in Pardee Construction Co. v.

City of Camarillo, (1984) 37 Cal.3d 465, that the failure of the parties therein to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over such parties’ agreement, it is the parties’ intent to cure that deficiency by acknowledging and providing that OWNER shall have the right to develop the Property in such order and at such rate and at such times as OWNER deems appropriate within the exercise of its subjective business judgment, subject only to any timing or phasing requirements set forth in the Development Plan or the Phasing Plan set forth in Section 3.4. Notwithstanding anything to the contrary set forth in this Section 3.3 or in this Agreement, City acknowledges that OWNER shall have no obligation to construct the Project and that OWNER shall not be subject to any penalty nor shall City be entitled to any legal or equitable remedy, including, without limitation, a claim for specific performance of this Agreement, if OWNER determines not to construct the Project for any reason.

3.4 Phasing Plan. Development of the Property shall be subject to all timing and phasing requirements established by the Development Plan.

3.5 Changes and Amendments. The parties acknowledge that refinement and further development of the Project will require Subsequent Development Approvals and may demonstrate that changes are appropriate and mutually desirable in the Existing Development Approvals. In the event OWNER finds that a change in the Existing Development Approvals is necessary or appropriate, OWNER shall apply for a Subsequent Development Approval to effectuate such change and CITY shall process and act on such application in accordance with the Existing Land Use Regulations, except as otherwise provided by this Agreement including the Reservations of Authority. If approved, any such change in the Existing Development Approvals shall be incorporated herein as Exhibit “E”, and may be further changed from time to time as provided in this Section. Unless otherwise required by law, as determined in CITY’s reasonable discretion, a change to the Existing Development Approvals shall be deemed “minor” and not require an amendment to this Agreement provided such change does not:
(a) Alter the permitted uses of the Property as a whole; or, 687
Exhibit A
(b) Increase the density or intensity of use of the Property as a whole; or,
(c) Increase the maximum height and size of permitted buildings; or, (d) Delete a requirement for the reservation or dedication of land for public purposes within the Property as a whole; or,
(e) Constitute a project requiring a subsequent or supplemental environmental impact report pursuant to Section 21166 of the Public Resources Code.

3.6 Reservations of Authority.

3.6.1 Limitations, Reservations and Exceptions. Notwithstanding any other provision of this Agreement, the following Subsequent Land Use Regulations shall apply to the development of the Property.
(a) Processing fees and charges of every kind and nature imposed by CITY to cover the estimated actual costs to CITY of processing applications for Development Approvals or for monitoring compliance with any Development Approvals granted or issued.
(b) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure.
(c) Regulations, policies, and rules governing construction standards and specifications including, without limitation, the CITY’s Building Code, Plumbing Code, Mechanical Code, Electrical Code, Fire Code and Grading Code. (d) Regulations imposing Development Exactions; provided, however, that no such subsequently adopted Development Exaction shall be applicable to development of the Property unless such Development Exaction is applied uniformly to development, either throughout the CITY or within a defined area of benefit which includes the Property. No such subsequently adopted Development Exaction shall apply if its application to the Property would physically prevent development of the Property for the uses and to the density or intensity of development set forth in the Development Plan.

In the event any such subsequently adopted Development Exaction fulfills the same purposes, in whole or in part, as the fees set forth in Section 4 of this Agreement, CITY shall allow a credit against such subsequently adopted Development Exaction for the fees paid under Section 4 of this Agreement to the extent such fees fulfill the same purposes. (e) Regulations which may be in conflict with the Development Plan but which are reasonably necessary to protect the public health and safety. To the extent possible, any such regulations shall be applied and construed so as to provide OWNER with the rights and assurances provided under this Agreement. 688
Exhibit A
(f) Regulations which are not in conflict with the Development Plan. Any regulation, whether adopted by initiative or otherwise, limiting the rate or timing of development of the Property shall be deemed to conflict with the Development Plan and shall therefore not be applicable to the development of the Property.

3.6.2 Subsequent Development Approvals. This Agreement shall not prevent CITY, in acting on Subsequent Development Approvals, from applying Subsequent Land Use Regulations which do not conflict with the Development Plan, nor shall this Agreement prevent CITY from denying or conditionally approving any Subsequent Development Approval on the basis of the Existing Land Use Regulations or any Subsequent Land Use Regulation not in conflict with the Development Plan.

3.6.3 Modification or Suspension by State or Federal Law. In the event that State or Federal laws or regulations, enacted after the Effective Date of this Agreement, prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such State or Federal laws or regulations, provided, however, that this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce. In the event OWNER alleges that such State or Federal laws or regulations preclude or prevent compliance with one or more provisions of this Agreement, and the CITY does not agree, the OWNER may, at its sole cost and expense, seek declaratory relief (or other similar non-monetary remedies); provided however, that nothing contained in this Section 3.6.3 shall impose on CITY any monetary liability for contesting such declaratory relief (or other similar non-monetary relief).

3.6.4 Intent. The parties acknowledge and agree that CITY is restricted in its authority to limit its police power by contract and that the foregoing limitations, reservations and exceptions are intended to reserve to CITY all of its police power which cannot be so limited. This Agreement shall be construed, contrary to its stated terms if necessary, to reserve to CITY all such power and authority which cannot be restricted by contract.

3.7 Public Works. If OWNER is required by this Agreement to construct any public works facilities which will be dedicated to CITY or any other public agency upon completion, and if required by applicable laws to do so, OWNER shall perform such work in the same manner and subject to the same requirements as would be applicable to CITY or such other public agency should it have undertaken such construction.

3.8 Provision of Real Property Interests by CITY. In any instance where OWNER is required to construct any public improvement on land not owned by OWNER, OWNER shall at its sole cost and expense provide or cause to be provided, the real property interests necessary for the construction of such public improvements. In the event OWNER is unable, after exercising reasonable efforts, including, but not limited to, 689
Exhibit A
the rights under Sections 1001 and 1002 of the Civil Code, to acquire the real property interests necessary for the construction of such public improvements, and if so instructed by OWNER and upon OWNER’S provision of adequate security for costs CITY may reasonably incur, CITY shall negotiate the purchase of the necessary real property interests to allow OWNER to construct the public improvements as required by this Agreement and, if necessary, in accordance with the procedures established by law, use its power of eminent domain to acquire such required real property interests. OWNER shall pay all costs associated with such acquisition or condemnation proceedings. This section 3.8 is not intended by the parties to impose upon the OWNER an enforceable duty to acquire land or construct any public improvements on land not owned by OWNER, except to the extent that the OWNER elects to proceed with the development of the Project, and then only in accordance with valid conditions imposed by the CITY upon the development of the Project under the Subdivision Map Act or other legal authority.

3.9 Regulation by Other Public Agencies. It is acknowledged by the parties that other public agencies not within the control of CITY possess authority to regulate aspects of the development of the Property separately from or jointly with CITY and this Agreement does not limit the authority of such other public agencies. CITY agrees to cooperate fully, at no cost to CITY, with OWNER in obtaining any required permits or compliance with the regulations of other public agencies provided such cooperation is not in conflict with any laws, regulations or policies of the CITY.

3.10 Tentative Parcel Map Extension. Notwithstanding the provisions of Section 66452.6 of the Government Code, no tentative subdivision map or tentative parcel map, heretofore or hereafter approved in connection with development of the Property, shall be granted an extension of time except in accordance with the Existing Land Use Regulations.

3.11 Vesting Tentative Maps. If any tentative or final subdivision map, or tentative or final parcel map, heretofore or hereafter approved in connection with development of the Property, is a vesting map under the Subdivision Map Act (Government Code Section 66410 et seq.) and if this Agreement is determined by a final judgment to be invalid or unenforceable insofar as it grants a vested right to develop to OWNER, then and to that extent the rights and protections afforded OWNER under the laws and ordinances applicable to vesting maps shall supersede the provisions of this Agreement. Except as set forth immediately above, development of the Property shall occur only as provided in this Agreement, and the provisions in this Agreement shall be controlling over any conflicting provision of law or ordinance concerning vesting maps.

3.12 Utilities. The Project shall be connected to all utilities necessary to provide adequate water, sewer, gas, electric, and other utility service to the Project. OWNER shall contract with the CITY for CITY-owned or operated utilities serving the Project for such prices and on such terms as may be mutually agreed to between the parties. 690
Exhibit A

4. PUBLIC BENEFITS.

4.1 Intent. The parties acknowledge and agree that development of the Property will result in substantial public needs which will not be fully met by the Development Plan and further acknowledge and agree that this Agreement confers substantial private benefits on OWNER which should be balanced by commensurate public benefits. Accordingly, the parties intend to provide consideration to the public to balance the private benefits conferred on OWNER by providing more fully for the satisfaction of the public needs resulting from the Project.

4.2 Development Impact Fees.

4.2.1 Amount and Components of Fee(s). Development Impact Fees (DIF) shall be paid by OWNER. The DIF amounts to be paid by OWNER shall be the amounts that are in effect at the time such amounts are due. Nothing contained in this Agreement shall affect the ability of the CITY to impose new DIF or amend the amounts of existing DIF. Additionally, nothing contained in this Agreement shall affect the ability of other public agencies that are not controlled by CITY to impose and amend, from time to time, DIF established or imposed by such other public agencies, even though such DIF may be collected by CITY.

4.2.2 Time of Payment. The fees required pursuant to Subsection 4.2.1 shall be paid to CITY prior to the issuance of building permits. No fees shall be payable for building permits issued prior to the Effective Date of this Agreement, but the fees required pursuant to Subsection 4.2.1 shall be paid prior to the re-issuance or extension of any building permit for which such fees have not previously been paid.

4.2.3 Credits. OWNER shall be entitled to credit against the fees required pursuant to Subsection 4.2.1 for the dedication of land, the construction of improvements or the payment of fees.

4.3 Public Benefit Fee. Prior to the issuance of the Building Permit for any building within the Property, as consideration for the privileges conferred by this Agreement, OWNER shall pay to the City a one-time public benefit fee totaling $3,192,624.00.

4.4 Martin Tudor Regional Park Action Sports Park. Prior to the issuance of the first Certificate of Occupancy for a building to be constructed within the Property, as consideration for the privileges conferred by this Agreement, 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, as defined in Section 4.4(a) below, at Martin Tudor Regional Park.
691
Exhibit A
a. The Action Sports Park shall include, but may not be limited to, three primary components: 1) a pump track, 2) a mountain bike jump course track, and 3) a Remote-Control (“RC”) car racetrack.
i. The pump track and the mountain bike jump course track (collectively, the “Bike Tracks”) shall be located in the areas depicted on Exhibit “C”, attached hereto and incorporated herein by reference.

1. The Bike Tracks shall each occupy an area consisting of not less than 20,000 square feet in total track area.

2. The Bike Tracks shall be fully enclosed by fencing designed to control access to the Bike Tracks.

3. A building consisting of not less than 2,000 square feet for the operation and control of the entry to Bike Tracks shall be included in the design and shall be located in close proximity to the entry to the Bike Tracks. The building shall include connections to permanent utilities which includes a sanitary septic system, water, electricity, phone and internet.

4. Not less than two restrooms shall be included in the design, which shall be located in close proximity to the Bike Track entry.
a. Restrooms must be connected to permanent
electricity, water and sanitary septic system.
i. Temporary restrooms are not an acceptable
alternative.
b. Restrooms shall be capable of being locked when not
in service.

5. Shaded Bleachers or other shaded seating options allowing for not less than 30 observers shall be included.

6. Security cameras shall be installed providing video
surveillance opportunities for the Bike Track and operational building area. Camera system design and components shall be subject to review and approval of the Fontana Police Department.

7. Bike Tracks shall be designed and constructed as continuous lap tracks.

8. Pump Track riding surface shall be constructed with concrete, asphaltic concrete, or other comparable material, subject to review and approval of the Community Services Department ii. The RC car racetrack shall occupy an area consisting of not less than 10,000 square feet and shall be located in the area depicted on Exhibit “D”, attached hereto and incorporated herein by reference.

1. A raised platform for use by the RC car operators, not more than 36” in total height, shall be required.
a. Raised platform shall meet appropriate ADA standards for access.
692
Exhibit A
b. Raised platform shall include appropriate features for shading of the platform.

2. RC racetrack shall be designed and constructed as a
continuous lap track.

3. Shaded Bleachers capable of seating not less than 20 observers shall be included in close proximity to the RC racetrack.

5. FINANCING OF PUBLIC IMPROVEMENTS.

If deemed appropriate, CITY and OWNER will cooperate in the formation of any special assessment district, community facilities district or alternate financing mechanism to pay for the construction and/or maintenance and operation of public infrastructure facilities required as part of the Development Plan. CITY also agrees that, to the extent any such district or other financing entity is formed and sells bonds in order to finance such reimbursements, OWNER may be reimbursed to the extent that OWNER spends funds or dedicates land for the establishment of public facilities. Notwithstanding the foregoing, it is acknowledged and agreed by the parties that nothing contained in this Agreement shall be construed as requiring CITY or the City Council to form any such district or to issue and sell bonds.

6. REVIEW FOR COMPLIANCE.

6.1 Periodic Review. The Planning Director shall review this Agreement annually, on or before the anniversary of the Effective Date, in order to ascertain the good faith compliance by OWNER with the terms of the Agreement. OWNER shall submit an Annual Monitoring Report, in a form acceptable to the Planning Director, within 30 days after written notice from the Planning Director. The Annual Monitoring Report shall be accompanied by an annual review and administration fee sufficient to defray the estimated costs of review and administration of the Agreement during the succeeding year. The amount of the annual review and administration fee shall be set annually or as deemed necessary by resolution of the City Council.

6.2 Special Review. The City Council may order a special review of compliance with this Agreement at any time. The Planning Director shall conduct such special reviews.

6.3 Procedure.
(a) During either a periodic review or a special review, OWNER shall be required to demonstrate good faith compliance with the terms of the Agreement. The burden of proof on this issue shall be on OWNER.
(b) Upon completion of a periodic review or a special review, the Planning Director shall submit a report to the City Council setting forth the evidence 693
Exhibit A
concerning good faith compliance by OWNER with the terms of this Agreement and his or her recommended finding on that issue.
(c) If the City Council finds on the basis of substantial evidence that OWNER has complied in good faith with the terms and conditions of this Agreement, the review shall be concluded.
(d) If the City Council makes a preliminary finding that OWNER has not complied in good faith with the terms and conditions of this Agreement, the Council may modify or terminate this Agreement as provided in Section 6.4 and Section 6.5. Notice of default as provided under Section 7.4 of this Agreement shall be given to OWNER prior to or concurrent with, proceedings under Section 6.4 and Section 6.5.

6.4 Proceedings Upon Modification or Termination. If, upon a finding under Section 6.3, CITY determines to proceed with modification or termination of this Agreement, CITY shall give written notice to OWNER of its intention so to do. The notice shall be given at least ten calendar days prior to the scheduled hearing and shall contain:
(a) The time and place of the hearing;
(b) A statement as to whether or not CITY proposes to terminate or to modify the Agreement; and,
(c) Such other information as is reasonably necessary to inform OWNER of the nature of the proceeding.

6.5 Hearing on Modification or Termination. At the time and place set for the hearing on modification or termination, OWNER shall be given an opportunity to be heard.

OWNER shall be required to demonstrate good faith compliance with the terms and conditions of this Agreement. The burden of proof on this issue shall be on OWNER. If the City Council finds, based upon substantial evidence, that OWNER has not complied in good faith with the terms or conditions of the Agreement, the City Council may terminate this Agreement or modify this Agreement to impose such conditions as are reasonably necessary to obtain compliance with the terms of this Agreement. . The decision of the City Council shall be final, subject only to judicial review pursuant to Section 1094.5 of the Code of Civil Procedure.

6.6 Certificate of Agreement Compliance. If, at the conclusion of a Periodic or Special Review, OWNER is found to be in compliance with this Agreement, CITY shall, upon written request by OWNER, issue a Certificate of Agreement Compliance (“Certificate”) to OWNER stating that after the most recent Periodic or Special Review and based upon the information known or made known to the Planning Director and City Council that (1) this Agreement remains in effect and (2) OWNER is not in default. The Certificate shall be in recordable form, shall contain information necessary to communicate constructive record notice of the finding of compliance, shall state whether the Certificate is issued after a Periodic or Special Review and shall state the anticipated 694
Exhibit A
date of commencement of the next Periodic Review. OWNER may record the Certificate with the County Recorder.

Whether or not the Certificate is relied upon by assignees or other transferees or OWNER, CITY shall not be bound by a Certificate if a default existed at the time of the Periodic or Special Review, but was concealed from or otherwise not known to the Planning Director or City Council.

7. DEFAULT AND REMEDIES.

7.1 Remedies in General. It is acknowledged by the parties that CITY would not have entered into this Agreement if it were to be liable in damages under this Agreement, or with respect to this Agreement or the application thereof.

In general, each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this Agreement, except that CITY shall not be liable in damages to OWNER, or to any successor in interest of OWNER, or to any other person, and OWNER covenants not to sue for damages or claim any damages:
(a) For any breach of this Agreement or for any cause of action which arises out of this Agreement; or
(b) For the taking, impairment or restriction of any right or interest conveyed or provided under or pursuant to this Agreement; or
(c) Arising out of or connected with any dispute, controversy or issue regarding the application or interpretation or effect of the provisions of this Agreement.

7.2 Specific Performance. Except as set forth in Section 3.3, above, the parties acknowledge that money damages and remedies at law generally are inadequate and specific performance and other non-monetary relief are particularly appropriate remedies for the enforcement of this Agreement and should be available to all parties for the following reasons:
(a) Money damages are unavailable against CITY as provided in Section 7.1 above.
(b) Due to the size, nature and scope of the project, it may not be practical or possible to restore the Property to its natural condition once implementation of this Agreement has begun. After such implementation, OWNER may be foreclosed from other choices it may have had to utilize the Property or portions thereof. OWNER has invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this Agreement and will be investing even more significant time and resources in implementing the Project in reliance upon the terms of this Agreement, and it is not possible to determine the sum of money which would adequately compensate OWNER for such efforts.
695
Exhibit A

7.3 Release. Except for non-damage remedies, including the remedy of specific performance and judicial review as provided for in Section 6.5, OWNER, for itself, its successors and assignees, hereby releases the CITY, its officers, agents and employees from any and all claims, demands, actions, or suits of any kind or nature arising out of any liability, known or unknown, present or future, including, but not limited to, any claim or liability, based or asserted, pursuant to Article I, Section 19 of the California Constitution, the Fifth Amendment of the United States Constitution, or any other law or ordinance which seeks to impose any other liability or damage, whatsoever, upon the CITY because it entered into this Agreement or because of the terms of this Agreement.

7.4 Termination or Modification of Agreement for Default of OWNER. Subject to the provisions contained in Subsection 6.5 herein, CITY may terminate or modify this Agreement for any failure of OWNER to perform any material duty or obligation of OWNER under this Agreement, or to comply in good faith with the terms of this Agreement (hereinafter referred to as “default”); provided, however, CITY may terminate or modify this Agreement pursuant to this Section only after providing written notice to OWNER of default setting forth the nature of the default and the actions, if any, required by OWNER to cure such default and, where the default can be cured, OWNER has failed to take such actions and cure such default within 60 days after the effective date of such notice or, in the event that such default cannot be cured within such 60 day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such 60 day period and to diligently proceed to complete such actions and cure such default.

7.5 Termination of Agreement for Default of CITY. OWNER may terminate this Agreement only in the event of a default by CITY in the performance of a material term of this Agreement and only after providing written notice to CITY of default setting forth the nature of the default and the actions, if any, required by CITY to cure such default and, where the default can be cured, CITY has failed to take such actions and cure such default within 60 days after the effective date of such notice or, in the event that such default cannot be cured within such 60 day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such 60 day period and to diligently proceed to complete such actions and cure such default.

8. THIRD PARTY LITIGATION.

8.1 General Plan Litigation. CITY has determined that this Agreement is consistent with its Comprehensive General Plan, as such General Plan existed as of the Effective Date of this Agreement (“General Plan”), and that the General Plan meets all requirements of law. OWNER has reviewed the General Plan and concurs with CITY’s determination.

CITY shall have no liability in damages under this Agreement for any failure of CITY to perform under this Agreement or the inability of OWNER to develop the Property as contemplated by the Development Plan of this Agreement as the result of a judicial 696
Exhibit A
determination that on the Effective Date, or at any time thereafter, the General Plan, or portions thereof, are invalid or inadequate or not in compliance with law.

8.2 Third Party Litigation Concerning Agreement. OWNER shall defend, at its expense, including reasonable attorneys’ fees, indemnify, and hold harmless CITY, its agents, officers and employees from any claim, action or proceeding against CITY, its agents, officers, or employees to attack, set aside, void, or annul the approval of this Agreement or the approval of any permit granted pursuant to this Agreement. CITY shall promptly notify OWNER of any such claim, action or proceeding, and CITY shall cooperate in the defense. If CITY fails to promptly notify OWNER of any such claim, action or proceeding, or if CITY fails to cooperate in the defense, OWNER shall not thereafter be responsible to defend, indemnify, or hold harmless CITY. CITY may in its discretion participate in the defense of any such claim, action or proceeding.

8.3 Indemnity. In addition to the provisions of 8.2 above, OWNER shall indemnify and hold CITY, its officers, agents, employees and independent contractors free and harmless from any liability whatsoever, based or asserted upon any act or omission of OWNER, its officers, agents, employees, subcontractors and independent contractors, for property damage, bodily injury, or death (OWNER’s employees included) or any other element of damage of any kind or nature, relating to or in any way connected with or arising from the activities contemplated hereunder, including, but not limited to, the study, design, engineering, construction, completion, failure and conveyance of the public improvements, save and except claims for damages arising through the sole active negligence or sole willful misconduct of CITY. OWNER shall defend, at its expense, including reasonable attorneys’ fees, CITY, its officers, agents, employees and independent contractors in any legal action based upon such alleged acts or omissions.

CITY may in its discretion participate in the defense of any such legal action.

8.4 Environmental Assurances. OWNER shall indemnify and hold CITY, its officers, agents, and employees free and harmless from any liability, based or asserted, upon any act or omission of OWNER, its officers, agents, employees, subcontractors, and independent contractors for any violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to environmental conditions on, under or about the Property, including, but not limited to, soil and groundwater conditions, and OWNER shall defend, at its expense, including reasonable attorneys’ fees, CITY, its officers, agents and employees in any action based or asserted upon any such alleged act or omission. CITY may in its discretion participate in the defense of any such action.

8.5 Reservation of Rights. With respect to Sections 8.2, 8.3 and 8.4 herein, CITY reserves the right to either (1) approve the attorney(s) which OWNER selects, hires or otherwise engages to defend CITY hereunder, which approval shall not be unreasonably withheld, or (2) conduct its own defense, provided, however, that OWNER shall reimburse CITY forthwith for any and all reasonable expenses incurred for such defense, including reasonable attorneys’ fees, upon billing and accounting therefor. 697
Exhibit A

8.6 Survival. The provisions of this Sections 8.1 through 8.6, inclusive, shall survive the termination of this Agreement.

9. MORTGAGEE PROTECTION.

9.1 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 such party under this Agreement. (d) Any Mortgagee who comes into possession of the Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Property, or part thereof, subject to the terms of this Agreement.

Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of OWNER’s obligations or other affirmative covenants of OWNER hereunder, or to guarantee such performance; provided, however, that to the extent that any covenant to be performed by OWNER is a condition precedent to the performance of a covenant by CITY , the performance thereof shall continue to be a condition precedent to CITY’s performance hereunder, and further provided that any sale, transfer or assignment by any Mortgagee in possession shall be subject to the provisions of Section 2.4 of this Agreement. 698
Exhibit A

9.2. Deposit of Legal Defense Costs. In the event of any litigation or legal challenge filed against City as described in this Section 9, then within twenty (20) calendar days following written demand by City therefor, Owner shall deposit with City funds into a deposit account maintained by City (“Fund”) to reimburse City for City’s costs and expenses, including without limitation attorney’s fees, ultimately incurred by City to defend any such claim, action, or proceeding. The initial deposit shall be the sum of fifty thousand dollars ($50,000). The Fund, once established, shall at all times contain an amount necessary to cover not less than three (3) months of budgeted or anticipated expenditures by City relating to City’s defense of such claim, action, or proceeding, including any and all appeals from decisions related thereto, as such budgeted or anticipated expenditures are determined by City in its sole and absolute discretion. For such purposes, City may from time to time, in City’s sole and absolute discretion, make written demand upon Owner for deposit of additional funds by Owner into the Fund, in which event Owner shall deposit such additional funds into the Fund within twenty (20) calendar days following written demand by City.

10. MISCELLANEOUS PROVISIONS.

10.1 Recordation of Agreement. This Agreement and any amendment or cancellation thereof shall be recorded with the San Bernardino County Recorder by the City Clerk within the period required by Section 65868.5 of the Government Code. If the parties to this Agreement or their successors in interest amend or cancel this Agreement as provided for herein and in Government Code Section 65868, or if the CITY terminates or modifies the agreement as provided for herein and in Government Code Section 65865.1 for failure of the applicant to comply in good faith with the terms or conditions of this Agreement, the City Clerk shall have notice of such action recorded with the San Bernardino County Recorder.

10.2 Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement.

10.3 Severability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement.

Notwithstanding the foregoing, the provision of the Public Benefits set forth in Section 4 of this Agreement, including the payment of the fees set forth therein, are essential elements of this Agreement and CITY would not have entered into this Agreement but for such provisions, and therefore in the event such provisions are determined to be invalid, void or unenforceable, this entire Agreement shall be null and void and of no force and effect whatsoever.
699
Exhibit A

10.4 Governing Law; Interpretation. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement, all parties having been represented by counsel in the negotiation and preparation hereof.

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

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

10.7 Joint and Several Obligations. If at any time during the term of this Agreement the Property is owned, in whole or in part, by more than one owner, all obligations of such owners under this Agreement shall be joint and several, and the default of any such owner shall be the default of all such owners. Notwithstanding the foregoing, no owner of a single lot which has been finally subdivided and sold to such owner as a member of the general public or otherwise as an ultimate user shall have any obligation under this Agreement except as provided under Section 4 hereof.

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

10.9 Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party’s right to insist and demand strict compliance by the other party with the terms of this Agreement thereafter.

10.10 No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement.

10.11 Force Majeure. Neither party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by floods, earthquakes, epidemics, pandemics, other Acts of God, fires, wars, riots or similar hostilities, strikes and other labor difficulties beyond the party’s control, (including the party’s employment force), government regulations, court actions (such as restraining orders or injunctions), or other causes beyond the party’s control. If any such events shall occur, the term of this Agreement and the time for performance by either party of any of its obligations hereunder may be extended by the written agreement of the parties for the period of time that such events prevented such performance, provided that the term of 700
Exhibit A
this Agreement shall not be extended under any circumstances for more than five (5) years.

10.12 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefited thereby of the covenants to be performed hereunder by such benefited party.

10.13 Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from doing some act hereunder with regard to development of the Property: (a) is for the benefit of and is a burden upon every portion of the Property; (b) runs with the Property and each portion thereof; and, (c) is binding upon each party and each successor in interest during ownership of the Property or any portion thereof.

10.14 Counterparts. This Agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument.

10.15 Jurisdiction and Venue. Any action at law or in equity arising under this Agreement or brought by a party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of San Bernardino, State of California, and the parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court.

10.16 Project as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the development of the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between CITY and OWNER is that of a government entity regulating the development of private property and the owner of such property.

10.17 Further Actions and Instruments. Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request of either party at any time, the other party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement.
701
Exhibit A

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

10.19 Agent for Service of Process. In the event OWNER is not a resident of the State of California or it is an association, partnership or joint venture without a member, partner or joint venturer resident of the State of California, or it is a foreign corporation, then in any such event, OWNER shall file with the Planning Director, upon its execution of this Agreement, a designation of a natural person residing in the State of California, giving his or her name, residence and business addresses, as its agent for the purpose of service of process in any court action arising out of or based upon this Agreement, and the delivery to such agent of a copy of any process in any such action shall constitute valid service upon OWNER. If for any reason service of such process upon such agent is not feasible, then in such event OWNER may be personally served with such process out of this County and such service shall constitute valid service upon OWNER. OWNER is amenable to the process so served, submits to the jurisdiction of the Court so obtained and waives any and all objections and protests thereto. OWNER for itself, assigns and successors hereby waives the provisions of the Hague Convention (Convention on the Service Abroad of Judicial and Extra Judicial Documents in Civil or Commercial Matters, 20 U.S.T. 361, T.I.A.S. No. 6638).

10.20 Estoppel Certificate. Within thirty (30) business days following a written request by any of the parties, the other party shall execute and deliver to the requesting party a statement certifying that (i) either this Agreement is unmodified and in full force and effect or there have been specified (date and nature) modifications to the Agreement, but it remains in full force and effect as modified; and (ii) either there are no known current uncured defaults under this Agreement or that the responding party alleges that specified (date and nature) defaults exist. The statement shall also provide any other reasonable information requested. The failure to timely deliver this statement shall constitute a conclusive presumption that this Agreement is in full force and effect without modification except as may be represented by the requesting party and that there are no uncured defaults in the performance of the requesting party, except as may be represented by the requesting party. OWNER shall pay to CITY all costs incurred by CITY in connection with the issuance of estoppel certificates under this Section 10.20 prior to CITY’s issuance of such certificates.

10.21 Authority to Execute. The person or persons executing this Agreement on behalf of OWNER warrants and represents that he or she/they have the authority to execute this Agreement on behalf of his or her/their corporation, partnership or business entity and warrants and represents that he or she/they has/have the authority to bind OWNER to the performance of its obligations hereunder.

IN WITNESS WHEREOF, the parties hereto have executed this Development Agreement on the last day and year set forth below.
702
Exhibit A
OWNER
ACACIA REAL ESTATE GROUP, INC.,
a California corporation
By:

David Pittman
Its: President
Dated:
703
Exhibit A

ACKNOWLEDGMENT
A notary public or other officer completing
this certificate verifies only the identity of
the individual who signed the document to
which this certificate is attached, and not
the truthfulness, accuracy, or validity of that
document.

State of California
County of )
On before me,
______________________________
_______
(insert name and title of the
officer)
personally appeared
_________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature _________________________________ (Seal)
704
Exhibit A
CITY:

CITY OF FONTANA, a California
municipal corporation
By:_____________________________
Acquanetta Warren, Mayor
Dated: __________________
By: ____________________________
Matthew C. Ballantyne, City Manager
ATTEST:

By:_____________________________
Germaine Key, City Clerk
APPROVED AS TO LEGAL FORM:

BEST BEST & KRIEGER LLP
________________________________
City Attorney
705
Exhibit A

ACKNOWLEDGMENT
A notary public or other officer completing
this certificate verifies only the identity of
the individual who signed the document to
which this certificate is attached, and not
the truthfulness, accuracy, or validity of that
document.

State of California
County of )
On before me,
______________________________
_______
(insert name and title of the
officer)
personally appeared
_________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature _________________________________ (Seal)
5703203.2
27967-940
706
Exhibit A
“EXHIBIT A”
707
Exhibit A
“EXHIBIT B”

MASTER SITE PLAN
708
Exhibit A
“EXHIBIT C”
709
Exhibit A
“EXHIBIT D”
710
JN 1210-001
October 23, 2023
Salvador Quintanilla, Senior Planner
Cit of Fontana
8353 Sierra Avenue
Fontana, CA 92355
RE: CITRUS & OLEANDER AT SANTA ANA AVENUE PROJECT REVISED SITE PLAN AND ITS FINAL EIR HAVING SCH NO. 2022110389
Dear Mr. Quintanilla:

As the California Environmental Quality Act (CEQA) compliance consultant for the Citrus & Oleander Avenue at Santa Ana Avenue Project, T&B Planning Inc. has evaluated the revised Design Review applications provided by the Project Applicant for CEQA compliance. The revised Design Review applications and associated application materials show reductions in building square footage and changes to site driveway access points compared to the Site Plans evaluated in the Environmental Impact Report (EIR) having State Clearinghouse (SCH) No. 2022110389.

As provided by CEQA Guidelines Section 15088.5, recirculation of an EIR is only necessary when a project revision shows that:
(1) A new significant environmental impact would result from the 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.

None of the above items are met in this case, and therefore it is our opinion that the EIR having SCH No. 2022110389 can be considered for certification in relation to the revised Design Review applications and associated entitlements.

To support this conclusion, Urban Crossroads, Inc. prepared a Supplemental Assessment to determine the 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. 711
SCH NO. 2022110389
October 23, 2023