Agenda packet — Fontana City Council, April 9, 2024 (part 5 of 7)

prior to making any decision on the Development Agreement. Based on the substantial evidence set forth in the record, including but not limited to, the adopted IS/MND, and all related information presented to the City Council, the Council finds that the Development Agreement does not necessitate any modifications to the adopted IS/MND. The Council further finds that no new or additional mitigation measures or alternatives are required, and that there is no substantial evidence in the administrative record supporting a fair argument that the Development Agreement may result in any significant environmental impacts beyond those analyzed in the adopted IS/MND. Therefore, pursuant to State CEQA section 15072 and Section 6.04 of the City of Fontana’s 2019 Local Guidelines for Implementing CEQA the Council finds that the preparation of a subsequent or supplemental environmental document is not required for the Development Agreement.

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

Section 4. Findings of Best Interest of City. Based on the entire record before the City Council and all written and oral evidence presented to the City Council, the City Council finds that the Development Agreement is in the best interests of the City, and represents good land use practices, as it ensures the orderly development of the Property with amenities and infrastructure that will be beneficial to the community. Furthermore, City Council finds the Development Agreement to be fair, just, reasonable and consistent with the General Plan, and 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. 5 718

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Section 5. Findings of Public Benefit. 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.

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

Section 6. Approval. Pursuant to California Government Code sections 65865 et seq., the City Council hereby approves Development Agreement (AGR) No. 23- 001, attached hereto as “Exhibit A” and incorporated by reference herein, between Chase Partners and the City of Fontana, a California municipal corporation.

Section 7. Certification. 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 Development Agreement.

Section 8. 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, or after the adoption of the City Council Ordinance approving Zoning Code Amendment No. 23-002 and Specific Plan Amendment No. 23-001, whichever occurs later, provided however, if the Ordinance approving the Zoning Code Amendment or Specific Plan Amendment is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise does not go into effect for any reason, then this Ordinance shall be null and void and have no further force and effect. This Ordinance 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 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.
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APPROVED and ADOPTED this 9
th day of April 2024.

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 9th day of April 2024, and was finally passed and adopted not less than five days thereafter on the 23rd day of April 2024 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
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RECORDING REQUESTED BY:

Cecily Session-Goins
Order No:

WHEN RECORDED MAIL
DOCUMENT TO:

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

JUNIPER PROJECT

DEVELOPMENT AGREEMENT

BETWEEN

THE CITY OF FONTANA,
a California municipal corporation
and

CHASE JUNIPER LIMITED PARTNERSHIP
a California Limited Partnership
Dated as of __October 19_, 2023 for reference purposes
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JUNIPER AVENUE PROJECT DEVELOPMENT AGREEMENT
This JUNIPER AVENUE PROJECT DEVELOPMENT AGREEMENT ("Agreement") is entered into by the City of Fontana a California municipal corporation (hereinafter "City"), and Chase Juniper Limited Partnership, a California limited partnership (hereinafter "Owner"). This Agreement is dated February 8, 2024 for reference purposes only; it will not become effective until the "Effective Date" (defined below). City and Owner are sometimes collectively referred to in this Agreement as the "Parties" and individually as a "Party."

RECITALS
WHEREAS, City is authorized to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property, pursuant to Section 65864 et seq. of the Government Code; and WHEREAS, Owner has requested that City enter into this Development Agreement with respect to that certain real property located on the east side of Juniper Avenue and south of Santa Ana Avenue in the City, consisting of 2 parcels identified as Assessor’s Parcel Numbers (APNs) 0255-101-24 & 0255-101-30, as more particularly described on Exhibit “A” and shown on Exhibit “B” to this Agreement (the “Property”), and proceedings have been taken in accordance with the rules and regulations of City; and
WHEREAS, by electing to enter into this Agreement, City shall bind the City, including current and future City Councils of City, by the obligations specified herein and limit the future exercise of certain governmental and proprietary powers of City; and WHEREAS, the terms and conditions of this Agreement have undergone extensive review by City and the City Council and have been found to be fair, just and reasonable; and WHEREAS, the best interests of the citizens of the City and the public health, safety and welfare will be served by entering into this Agreement; and WHEREAS, prior to the adoption of the Development Approvals described in this Agreement, the City Council has reviewed and considered the Environmental Impact Report and made findings concerning the mitigation measures and adopted a Mitigation Monitoring and Reporting Program in accordance with CEQA and the State and City CEQA Guidelines; and WHEREAS, Owner has filed an application for, and the City Council has approved, General Plan Amendment (GPA) No. 23-001, Specific Plan Amendment (SPA) No. 23-001, Administrative Site Plan (ASP) No. 23-006 and Tentative Parcel Map (TPM) No.23-003; and WHEREAS, this Agreement and the Project are consistent with the City's Comprehensive General Plan and Specific Plan (as defined in Section 1 below), as amended; and WHEREAS, all actions taken and approvals given by City have been duly taken or approved in accordance with all applicable legal requirements for notice, public hearings, findings, votes, and other procedural matters; and
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WHEREAS, development of the Property in accordance with this Agreement and Development Plan (as defined in Section 1 below) will provide substantial benefits to City and will further important policies and goals of City; and
WHEREAS, this Agreement will eliminate uncertainty in planning and provide for the orderly development of the Property, ensure the installation of necessary improvements, provide for public services appropriate to the development of the Project, and generally serve the purposes for which development agreements under Sections 65864 et seq. of the Government Code are intended; and
WHEREAS, Owner has incurred and will in the future incur substantial costs in excess of the generally applicable requirements in order to assure the vesting of its legal rights to develop the Property in accordance with this Agreement and Development Plan (defined below).

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

1. DEFINITIONS AND EXHIBITS

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

1.1.1 "Agreement" means this Development Agreement.

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

1.1.3 "Owner" means Chase Juniper Limited Partnership, a California limited partnership, and its successors in interest to all or any part of the Property.

1.1.4 "Development" means the improvement of the Property for the purposes of completing the structures, improvements and facilities comprising the Project, including, but not limited to: grading; the construction of infrastructure and public facilities related to the Project whether located within or outside the Property; the construction of buildings and structures; and the installation of landscaping. "Development" does not include the repair or reconstruction of any building, structure, improvement, or facility after the construction and completion thereof if undertaken during the Term of this Agreement.

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

1.1.6 "Development Approvals" means all permits and other entitlements subject to approval or issuance by City in connection with the Development of the Property as set forth in attached Exhibit C, including, but not limited to: general plan amendments; specific 723
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plans and specific plan amendments; tentative and final subdivision and parcel maps; design review; conditional use permits; zoning; and grading and building permits.

1.1.7 "Development Exaction" means any requirement of City in connection with or pursuant to any Land Use Regulation or Development Approval for the dedication of land, the construction of improvements or public facilities, or the payment of fees in order to lessen, offset, mitigate or compensate for the impacts of development on the environment or other public interests, including those imposed in accordance with the MMRP.

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

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

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

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

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

1.1.13 "Land Use Regulations" means all ordinances, resolutions, codes, rules, regulations and official policies of City governing the development and use of land, including, without limitation, the permitted use of land, the density or intensity of use, subdivision requirements, the maximum height and size of proposed buildings, the provisions for reservation or dedication of land for public purposes, and the design, improvement and construction standards and specifications applicable to the Development of the Property. "Land Use Regulations" do not include any City ordinance, resolution, code, rule, regulation, or official 724
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policy governing: the conduct of businesses, professions, and occupations; taxes and assessments; the control and abatement of nuisances; the granting of encroachment permits and the conveyance of rights and interests which provide for the use of or the entry upon public property; or the exercise of the power of eminent domain.

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

1.1.15 "Mortgagee" means a mortgagee of a mortgage, a beneficiary under a deed of trust, or any other security-device lender, and their successors and assigns in interest to all or any part of the Property.

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

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

1.1.18 "Property" means the certain real property located on Juniper Avenue in the City, consisting of two parcels identified as Assessor’s Parcel Numbers (APNs) 0255-101-24 & 0255-101-30, as more particularly described in Exhibit A and shown on Exhibit B to this Agreement.

1.1.19 "Reservations of Authority" means the rights and authority excepted from the assurances and rights provided to Owner under this Agreement and reserved to City under Section 3.6 of this Agreement.

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

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

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

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

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

1.2 Exhibits. The following documents are attached to, and by this reference made a part of, this Agreement:
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Exhibit A – Legal Description of the Property
Exhibit B – Map showing Property and its location
Exhibit C – Existing Development Approvals

2. GENERAL PROVISIONS

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

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

2.3 Term. The term of this Agreement shall commence on the Effective Date, and shall continue for a period of ten (10) years thereafter unless this term is modified or extended pursuant to the provisions of this Agreement.

2.4 Sale or Assignment.

2.4.1 Right to Assign. Subject to the City's written consent, which shall not be unreasonably withheld, delayed or conditioned, Owner shall have the right to sell, transfer, or assign the Property in whole or in part (provided that no such partial transfer shall violate the Subdivision Map Act) to any person, partnership, joint venture, affiliate, firm, or corporation at any time; provided, however, that any such sale, transfer or assignment shall include the assignment and assumption of the rights, duties and obligations arising under or from this Agreement and be made in strict compliance with the following conditions precedent:
(a) No sale, transfer or assignment of any right or interest under this Agreement shall be made unless made together with the sale, transfer or assignment of all or a part of the Property.
(b) Concurrent with any such sale, transfer, or assignment, or within fifteen (15) business days thereafter, Owner shall notify City, in writing, of such sale, transfer, or assignment and shall provide City with an executed agreement, in a form reasonably acceptable to City, executed by the purchaser, transferee, or assignee and providing therein that the purchaser, transferee, or assignee expressly and unconditionally assumes all the duties and obligations of Owner under this Agreement.

Any sale, transfer or assignment not made in compliance with the foregoing conditions shall constitute a default by Owner under this Agreement. Notwithstanding the failure of any purchaser, transferee or assignee to execute this agreement required by Paragraph (b) of this Subsection 2.4.1, the burdens of this Agreement shall be binding upon such purchaser, transferee or assignee, but the benefits of this Agreement shall not inure to such purchaser, transferee or assignee until and unless such agreement is executed. Notwithstanding the foregoing, Owner shall have the right to transfer its interest in this Agreement to an “Owner Affiliate.” An “Owner Affiliate” is an entity in which the original owner owns a majority financial or voting interest. 726
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Owner shall provide written notification to City concurrently with the completion of such a transfer.

2.4.2 Release of Transferring Owner. Notwithstanding any sale, transfer or assignment, Owner shall continue to be obligated under this Agreement as to that portion of the Property sold, transferred or assigned, unless Owner is given a release in writing by City, which release shall be provided by City upon the full satisfaction by Owner of all of the following conditions:
(a) Owner no longer has a legal or equitable interest in all or any part of the Property sold.
(b) Owner is not then in default under this Agreement.
(c) Owner has provided City with the notice and executed agreement required under paragraph (2) of subsection 2.4.1(b) above. (d) The purchaser, transferee or assignee provides City with security equivalent to any security previously provided by Owner to secure performance of its obligations hereunder.

2.4.3 Subsequent Assignment. Any subsequent sale, transfer or assignment after an initial sale, transfer or assignment shall be made only in accordance with and subject to the terms and conditions of this Section.

2.4.4 Partial Release of Purchaser, Transferee or Assignee of Industrial or Commercial Lot. A purchaser, transferee or assignee of a lot, which has been finally subdivided as provided for in the Development Plan and for which a commercial or industrial plot plan for development of the lot has been finally approved pursuant to the Development Plan, may submit a request, in writing, to City to release said lot from the obligations under this Agreement relating to all other portions of the property. Within thirty (30) days of such request, City shall review, and if the above conditions are satisfied shall approve the request for release and notify the purchaser, transferee or assignee in writing thereof. No such release approved pursuant to this Subsection 2.4.4 shall cause, or otherwise affect, a release of Owner from its duties and obligations under this Agreement.

2.4.5 Termination of Agreement With Respect to Individual Lots Upon Sale to Public and Completion of Construction. The provisions of Subsection 2.4.1 shall not apply to the sale or lease (for a period longer than one year) of any lot which has been finally subdivided and is individually (and not in “bulk”) sold or leased to a member of the public or other ultimate user.

Notwithstanding any other provisions of this Agreement, this Agreement shall terminate with respect to any lot and such lot shall be released and no longer be subject to this Agreement without the execution or recordation of any further document upon satisfaction of both of the following conditions:
(a) The lot has been finally subdivided and individually (and not in “bulk”) sold or leased (for a period longer than one year) to a member of the public or other ultimate user; and,
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(b) A certificate of occupancy has been issued for a building on the lot, and the fees set forth under Section 4 of this Agreement have been paid.

2.5 Amendment or Cancellation of Agreement. This Agreement may be amended or canceled in whole or in part only by written consent of all parties in the manner provided for in Government Code Section 65868 and the Development Agreement Policies. This provision shall not limit any remedy of City or Owner for a party's breach of the Agreement as provided by this Agreement.

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

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

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

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

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

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

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

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

2.7 Notices.

2.7.1 As used in this Agreement, "notice" includes, but is not limited to, the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver, appointment, or other communication required or permitted hereunder. 728
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2.7.2 All notices shall be in writing and shall be considered given either:
(i) when delivered in person to the recipient named below; (ii) on the date of delivery shown on the return receipt after deposit in the United States mail in a sealed envelope as either registered or certified mail with return receipt requested, postage and postal charges prepaid, and addressed to the recipient named below; or (iii) by overnight courier, on the first (1st) business day after being delivered to a recognized overnight courier. All notices shall be addressed as follows:

If to City:

City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Attn: City Manager
Telephone: (909) 350-7600
If to Owner:

Chase Juniper Limited Partnership
c/o Chase Partners, Ltd.,
6444 San Fernando Road #3944
Glendale, CA 91221
Attn: Michael Carter
Telephone: (310) 689-7600
with a copy to:

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

2.7.3 Either party may, by notice given at any time, require subsequent notices to be given to another person or entity, whether a party or an officer or representative of a party, or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change.

3. DEVELOPMENT OF THE PROPERTY

3.1 Rights to Develop. Subject to the terms of this Agreement, including the Reservations of Authority, Owner shall have the vested right to develop the Property in accordance with, and to the extent of, the Development Plan. The Project shall remain subject to all Subsequent Development Approvals required to complete the Project as contemplated by the Development Plan. Except as otherwise provided in this Agreement, the permitted uses of the Property, the density and intensity of use, the maximum height and size of proposed buildings, and provisions for reservation and dedication of land for public purposes shall be those set forth in the Development Plan. Notwithstanding the foregoing, nothing contained in this Agreement shall be deemed to be a covenant to develop or construct the Project or any portion of the Project.

3.2 Effect of Agreement on Land Use Regulations. Except as otherwise provided under the terms of this Agreement, including the Reservations of Authority, the rules, regulations, and official policies governing permitted uses of the Property, the density and intensity of use of the Property, the maximum height and size of proposed buildings, and the design, improvement and construction standards and specifications applicable to the Development of the Property shall be the Existing Land Use Regulations. In connection with 729
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any Subsequent Development Approval, City shall exercise its reasonable discretion in accordance with the Development Plan and as provided by this Agreement, including, but not limited to, the Reservations of Authority. City shall accept for processing, review, and action all applications for Subsequent Development Approvals and such applications shall be processed in the normal manner for processing such matters.

3.3 Timing of Development. The parties acknowledge that Owner cannot at this time predict when or the rate at which phases of the Property will be developed. Such decisions depend upon numerous factors which are not within the control of Owner, such as market orientation and demand, interest rates, absorption, completion and other similar factors. Because the California Supreme Court held in Pardee Construction Co. v. City of Camarillo (1984) 37 Cal.3d 465, that the failure of the parties therein to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over such parties' agreement, it is City's and Owner's intent to cure that deficiency by acknowledging and providing that Owner shall have the right to develop the Property, or not, in such order and at such rate and at such times as Owner deems appropriate within the exercise of its subjective business judgment, subject only to any timing or phasing requirements set forth in the Development Plan or the Phasing Plan set forth in Section 3.4.

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

3.5 Changes and Amendments.

3.5.1 The parties acknowledge that refinement and further development of the Project may demonstrate that changes are appropriate and mutually desirable in the Existing Development Approvals. If in years one (1) through five (5) during the Term of this Agreement, Owner finds that a change in the Existing Development Approvals is necessary or appropriate, Owner shall apply for a Subsequent Development Approval to effectuate such change and City shall process and act on such application in accordance with the Existing Land Use Regulations, except as otherwise provided by this Agreement, including the Reservations of Authority. If approved, any such change in the Existing Development Approvals shall be incorporated herein as an addendum to Exhibit C and may be further changed from time to time as provided in this Section 3.5.

If in years six (6) through ten (10) during the Term of this Agreement, Owner finds that changes to the Existing Development Approvals are necessary or appropriate for the refinement and further development of the Project, Owner shall apply for a Subsequent Development Approval and City shall process and act on such application in accordance with the land use regulations existing at the time of such application. Notwithstanding any provision herein to the contrary, Owner shall pay any and all fees and Development Exaction in place following years one (1) through five (5) and shall be required to pay any and all fees and exactions adopted at the time of applications for permits and approvals related to the Development Plan, including any amendments thereto.

3.5.2 Unless otherwise required by law, as determined in City's reasonable discretion, a change to the Existing Development Approvals shall be deemed "minor" and not 730
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require an amendment to this Agreement; but instead will require only the approval of City's Director of Planning; provided the change does not:
(a) Alter the permitted uses of the Property as a whole; or, (b) Increase the density or intensity of use of the Property as a whole; or,
(c) Increase the maximum height and size of permitted buildings; or, (d) Delete a requirement for the reservation or dedication of land for public purposes; or,
(e) Constitute a project requiring a subsequent or supplemental environmental impact report pursuant to Section 21166 of the Public Resources Code.
(f) Alter the findings of the applicable environmental document. (g) The provisions of this Agreement require a close degree of cooperation between the City and the Owner. It is anticipated due to the term of this Agreement that refinements to the Development Approvals may be appropriate with respect to the details of performance of the City and the Owner. To the extent allowable by law, the Owner shall retain a certain degree of flexibility as provided herein with respect to all matters, items and provisions covered in general under this Agreement and exhibits thereto. When and if the Owner finds it necessary or appropriate to make changes, adjustments or clarifications, the Parties shall effectuate such changes, adjustments or clarifications through operating memoranda (“Operating Memoranda”) approved by the Parties in writing, which reference this Section of the Agreement.

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

3.6 Reservations of Authority.

3.6.1 Limitations, Reservations and Exceptions. Notwithstanding any other provision of this Agreement, the following Subsequent Land Use Regulations and fees and 731
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expenses shall apply to the Development of the Property (collectively, the "Reservations of Authority"):
(a) Processing fees and charges of every kind and nature imposed by City to cover the estimated actual costs to City of processing applications for Development Approvals or for monitoring compliance with any Development Approvals granted or issued. (b) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals, and any other matter of procedure.
(c) Regulations governing construction standards and specifications, including, without limitation, the City's Building Code, Plumbing Code, Mechanical Code, Electrical Code, and Fire Code.
(d) Regulations imposing Development Exactions; In years one (1) through five (5) during Term of this Agreement, no such subsequently adopted Development Exaction shall be applicable to development of the Property unless such Development Exaction is applied uniformly to development, either throughout the City or within a defined area of benefit which includes the Property. No such subsequently adopted Development Exaction within the aforementioned timeframe shall apply if its application to the Property would physically prevent development of the Property for the uses and to the density or intensity of development set forth in the Development Plan. In the event any such subsequently adopted Development Exaction fulfills the same purposes, in whole or in part, as the fees set forth in Section 4 of this Agreement, City shall allow a credit against such subsequently adopted Development Exaction for the fees paid under Section 4 of this Agreement to the extent such fees fulfill the same purposes.
(e) Regulations that may be in conflict with the Development Plan but that are reasonably necessary to eliminate or mitigate a serious threat to public health and safety.

Any regulation, whether adopted by initiative or otherwise, limiting the rate or timing of development of the Property, or which shall increase the cost of development of the Project, shall be deemed to conflict with the Development Plan and shall therefore not be applicable to the development of the property during years one (1) through five (5) of the Term of this Agreement.

3.6.2 Subsequent Development Approvals. This Agreement shall not prevent City, in acting on Subsequent Development Approvals, from applying Subsequent Land Use Regulations that do not conflict with the Development Plan subject to 3.6.1(f), nor shall this Agreement prevent City from denying or conditionally approving any Subsequent Development Approval on the basis of the Existing Land Use Regulations or on the basis of any Subsequent Land Use Regulation which does not conflict with the Development Plan. Upon approval of any Subsequent Development Approval, such Subsequent Development Approval shall be deemed 732
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vested pursuant to the provisions of this Agreement, without any further action by City or Owner being required.

3.6.3 Modification or Suspension by State or Federal Law. In the event that State or Federal laws or regulations enacted after the Effective Date of this Agreement prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such State or Federal laws or regulations; provided, however, that this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce.

3.6.4 Intent. The parties acknowledge and agree that City is restricted in its authority to limit its police power by contract and that the foregoing limitations, reservations and exceptions are intended to reserve to City all of its police power which cannot be so limited.

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

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

3.9 Regulation by Other Public Agencies. It is acknowledged by the parties that other public agencies not within the control of City possess authority to regulate aspects of the development of the Property separately from or jointly with City and this Agreement does not limit the authority of such other public agencies.

3.10 Tentative Tract Map Extensions. Notwithstanding the provisions of Section 66452.6 of the Government Code, no tentative subdivision map or tentative parcel map, heretofore or hereafter approved in connection with development of the Property, shall be granted an extension of time except in accordance with the Existing Land Use Regulations. 733
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3.11 Vesting Tentative Maps. If any tentative or final subdivision map, or tentative or final parcel map, heretofore or hereafter approved in connection with development of the Property, is a vesting map under the Subdivision Map Act (Government Code Section 66410 et seq.) and if this Agreement is determined by a final judgment to be invalid or unenforceable insofar as it grants a vested right to develop to Owner, then and to that extent the rights and protections afforded Owner under the laws and ordinances applicable to vesting maps shall supersede the provisions of this Agreement. Except as set forth immediately above, development of the Property shall occur only as provided in this Agreement, and the provisions in this Agreement shall be controlling over any conflicting provision of law or ordinance concerning vesting maps.

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

4. PUBLIC BENEFITS

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

4.2 Development Impact Fees.

4.2.1 Amount and Components of Fee. The amount of the public facilities and services mitigation fees may be periodically adjusted by the City.

4.2.1 shall be paid prior to the re-issuance or extension of any building permit for which such fees have not previously been paid.

4.3 Public Benefit Fee.

4.3.1 As consideration for City's approval and performance of its obligations as set forth in this Agreement, Owner agrees to pay to the City a one-time public benefit fee in the amount of Four Dollars and Twenty five Cents ($4.25) per building square foot, which is estimated to be One Hundred Fifty Thousand, Eight Hundred Ninety-Six Dollars and Twenty Five Cents ($150,896.25) ("Public Benefit Fee"). Payment of the Public Benefit Fee shall be in addition to any other customary fees or charges to which the Project would otherwise be subject (e.g., development impact fees and application fees). The actual amount of the Public Benefit Fee shall be set, based upon the actual building square footage, prior to the issuance of any building permit for the Project, and Owner shall pay the Public Benefit Fee to the City prior to the issuance of any building permit for the Project.
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4.3.2 The City has sole discretion to determine the uses for the Public Benefit Fee. The City has not designated a specific project or purpose for the Public Benefit Fee. Owner acknowledges by its approval and execution of this Agreement that it is voluntarily agreeing to pay the Public Benefit Fee, that its obligation to pay the Public Benefit Fee is an essential term of this Agreement, and that Owner expressly waives any constitutional, statutory, or common law right it might have in the absence of this Agreement to protest or challenge the payment of the Public Benefit Fee on any ground whatsoever, including without limitation pursuant to the Fifth and Fourteenth Amendments to the United States Constitution, California Constitution Article I Section 19, the Mitigation Fee Act (California Government Code Section 66000 et seq.), or otherwise.

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

5. FINANCING OF PUBLIC IMPROVEMENTS.

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

6. REVIEW FOR COMPLIANCE

6.1 Periodic Review. As required by California Government Code Section 65865.1, the Director of Planning will review this Agreement annually, on or before each anniversary of the Effective Date, in order to ascertain the good faith compliance by Owner with the terms of the Agreement. Owner shall submit an Annual Monitoring Report, in a form acceptable to the Director of Planning, within 30 days after written notice from the Planning Director. The Annual Monitoring Report shall be accompanied by an annual review and administration fee sufficient to defray the estimated costs of review and administration of the Agreement during the succeeding year. The amount of the annual review and administration fee shall be set annually by resolution of the City Council.

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

6.2.1 During either an annual or special review. Owner will be required to demonstrate its good faith compliance with this Agreement. The burden of proof on this issue shall be on Owner.
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6.2.2 Upon completion of an annual or special review, the Director of Planning will submit a report to the City Council setting forth the evidence concerning Owner's good faith compliance with this Agreement and his or her recommended finding on that issue.

6.2.3 If the City Council finds on the basis of substantial evidence that Owner has materially complied in good faith with the terms and conditions of this Agreement, then the review will be concluded.

6.2.4 If the City Council makes a preliminary finding that Owner has not materially complied in good faith with this Agreement, then, following notice and opportunity to cure as provided under Section 6.4, the City Council may modify or terminate this Agreement as provide in Section 6.4 and 6.5. Notice of default as provided under Section 7.4 of this Agreement shall be given to Owner prior to or concurrent with, proceedings under Section 6.4 and Section 6.5.

7. PROCEEDINGS FOR MODIFICATION OR TERMINATION.

7.1 Proceedings Upon Modification or Termination. If, upon a finding under Section 6.2, City determines to proceed with modification or termination of this Agreement, City shall give written notice to Owner of its intention so to do. The notice shall be given at least ten calendar days prior to the scheduled hearing and shall contain:

7.1.1 The time and place of the hearing;

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

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

7.2 Hearing on Modification or Termination. At the time and place set for the hearing on modification or termination, Owner shall be given an opportunity to be heard. Owner shall be required to demonstrate good faith compliance with the terms and conditions of this Agreement. The burden of proof on this issue shall be on Owner. If the City Council finds, based upon substantial evidence, that Owner has not complied in good faith with the terms or conditions of the Agreement, the City Council may terminate this Agreement or modify this Agreement and impose such conditions as are reasonably necessary to protect the interests of the City. The decision of the City Council shall be final, subject only to judicial review pursuant to Section 1094.5 of the Code of Civil Procedure.

7.3 Certificate of Agreement Compliance. If, at the conclusion of a Periodic or Special Review, Owner is found to be in compliance with this Agreement, City shall, upon request by Owner, issue a Certificate of Agreement Compliance (“Certificate”) to Owner stating that after the most recent Periodic or Special Review and based upon the information known or made known to the Planning Director and City Council that (1) this Agreement remains in effect and (2) Owner is not in default. The Certificate shall be in recordable form, shall contain information necessary to communicate constructive record notice of the finding of compliance, shall state whether the Certificate is issued after a Periodic or Special Review and shall state the 736
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anticipated date of commencement of the next Periodic Review. Owner may record the Certificate with the County Recorder.

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

8. DEFAULT AND REMEDIES

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

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

8.2 Specific Performance.

8.2.1 The parties acknowledge that money damages and remedies at law generally are inadequate and specific performance and other non-monetary relief are particularly appropriate remedies for the enforcement of this Agreement and should be available to all parties for the following reasons:
(a) Monetary damages are unavailable against City as provided in Section 8.1 above.
(b) Due to the size, nature and scope of the Project, it may not be practical or possible to restore the Property to its natural condition once implementation of this Agreement has begun. After such time, Owner may be precluded from other options it may have had with regard to the Property or any portions thereof. Moreover, Owner has invested significant time and resources in the planning and processing of the Project. Owner will be investing even more time and resources in implementing the Project in reliance upon this Agreement and it is not possible to determine the sum of money that would adequately compensate Owner for such efforts.
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8.3 Release. Except for non-damage remedies, including the remedy of specific performance as provided in Section 8.2, Owner, for itself, its successors and assignees, releases City, its officials, officers, agents and employees from any and all claims, demands, actions, or suits of any kind or nature arising out of any liability, known or unknown, present or future, including, but not limited to, any claim or liability based upon Article I, Section 19 of the California Constitution, the Fifth Amendment of the United States Constitution, or any other law or ordinance that seeks to impose any other liability or damage, whatsoever upon City because it entered into this Agreement or because of the terms of this Agreement.

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

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

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

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

9. THIRD PARTY LITIGATION

9.1 General Plan Litigation. City has determined that this Agreement is consistent with its Comprehensive General Plan, herein called General Plan, and that the General Plan meets all requirements of law. Owner has reviewed the General Plan and concurs with City’s determination.

City shall have no liability in damages under this Agreement for any failure of City to perform under this Agreement or the inability of Owner to develop the Property as contemplated by the Development Plan of this Agreement as the result of a judicial determination that on the 738
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Effective Date, or at any time thereafter, the General Plan, or portions thereof, are invalid or inadequate or not in compliance with law.

9.2 Third-Party Litigation Concerning Agreement. Owner shall defend, at its expense, including attorneys’ fees, indemnify, and hold harmless City, its agents, officers and employees from any claim, action or proceeding against City, its agents, officers, or employees to attack, set aside, void, or annul the approval of this Agreement or the approval of any permit granted pursuant to this Agreement. City shall promptly notify Owner of any such claim, action or proceeding, and City shall cooperate in the defense. If City fails to promptly notify Owner of any such claim, action or proceeding, or if City fails to cooperate in the defense, Owner shall not thereafter be responsible to defend, indemnify, or hold harmless City. City may in its discretion participate in the defense of any such claim, action or proceeding. Anything in this Agreement to the contrary notwithstanding, the Term set forth in Section 4.3 of this Agreement and the expiration date of all Development Approvals will automatically be extended by the longer of (i) the number of days in the period commencing on the date of filing any legal action of the type described in this Section and ending on the date that the claim, action or proceeding is either settled or fully and finally resolved in City’s and Owner’s favor, as evidenced by the expiration of all appeal periods with no further appeal being filed or the issuance of a full, final and nonappealable judgment or decisions; or (ii) the number of days in the period commencing on the date that a referendum conceding the Development Approvals is timely qualified for the ballot and the date that a referendum is certified resulting in upholding and approving the Development Approvals. City will execute, in recordable form, any instrument which Owner may reasonably require to evidence the extension.

9.3 Indemnity. In addition to the provisions of Section 9.2, Owner shall indemnify and hold City, its officers, agents, employees and independent contractors free and harmless from any liability whatsoever, based or asserted upon any act or omission of Owner, its officers, agents, employees, subcontractors and independent contractors, for property damage, bodily injury, or death (Owner's employees included) or any other element of damage of any kind or nature, relating to or in any way connected with or arising from the activities contemplated hereunder, including, but not limited to, the study, design, engineering, construction, completion, failure and conveyance of the public improvements, save and except claims and damages to the extent caused by the negligence or willful misconduct of City or its officers, agents, employees, contractors, subcontractors, and independent contractors. Owner shall defend, at its expense, including attorneys' fees, City, its officers, agents, employees and independent contractors in any legal action based upon such alleged acts or omissions. City may in its discretion participate in the defense of any such legal action.

9.4 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 twenty thousand dollars ($20,000). 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 739
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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.

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

9.6 Reservation of Rights. With respect to Sections 9.2, 9.3 and 9.4 herein, City reserves the right to either (1) approve the attorney(s) which Owner selects, hires or otherwise engages to defend City hereunder, which approval shall not be unreasonably withheld, or (2) conduct its own defense, provided, however, that Owner shall reimburse City upon written request for any and all reasonable expenses incurred for such defense, including attorneys' fees, upon billing and accounting therefor. If City chooses to conduct its own defense, City’s separate counsel’s billing rates shall be identical to the rates City pays for its typical municipal litigation rates for legal challenges for the type being defended.

10. MORTGAGEE PROTECTIONS
The parties hereto agree that this Agreement shall not prevent or limit Owner, in any manner, at Owner's sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Property. City acknowledges that the lenders providing such financing may require certain Agreement interpretations and modifications and agrees upon request, from time to time, to meet with Owner and representatives of such lenders to negotiate in good faith any such request for interpretation or modification. City will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement. Any Mortgagee of the Property shall be entitled to the following rights and privileges:
(a) Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish, or impair the lien of any mortgage on the Property made in good faith and for value, unless otherwise required by law. (b) The Mortgagee of any mortgage or deed of trust encumbering the Property, or any part thereof, which Mortgagee, has submitted a request in writing to the City in the manner specified herein for giving notices, shall be entitled to receive written notification from City of any default by Owner in the performance of Owner's obligations under this Agreement.
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(c) If City timely receives a request from a Mortgagee requesting a copy of any notice of default given to Owner under the terms of this Agreement, City shall provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to Owner. The Mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed Owner under this Agreement. (d) Any Mortgagee who comes into possession of the Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Property, or part thereof, subject to the terms of this Agreement.

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

11. MISCELLANEOUS PROVISIONS

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

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

11.3 Severability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement. Notwithstanding the foregoing, the provision of the public benefits set forth in Section 4 of this Agreement, including the payment of the fees set forth therein, are essential elements of this Agreement and City would not have entered into this Agreement but for such provisions, and therefore in the event such provisions are determined to be invalid, void or unenforceable, this entire Agreement shall be null and void and of no force and effect whatsoever.

11.4 Interpretation and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of 741
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construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement, all parties having been represented by counsel in the negotiation and preparation hereof.

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

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

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

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

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

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

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

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

11.13 Successors in Interest. Except as specifically set forth in this Agreement, the burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. All provisions of this Agreement 742
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shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from doing some act hereunder with regard to the Development of the Property: (a) is for the benefit of and is a burden upon every portion of the Property; (b) runs with the Property and each portion thereof; and, (c) is binding upon each party and each successor in interest during ownership of the Property or any portion thereof.

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

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

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

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

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

11.19 Agent for Service of Process. In the event Owner is not a resident of the State of California or it is an association, partnership or joint venture without a member, partner or joint venturer resident of the State of California, or it is a foreign corporation, then in any such event, Owner shall file with the Planning Director, upon its execution of this Agreement, a designation of a natural person residing in the State of California, giving his or her name, residence and business addresses, as its agent for the purpose of service of process in any court action arising out of or based upon this Agreement, and the delivery to such agent of a copy of any process in any such action shall constitute valid service upon Owner. If for any reason service of such process upon such agent is not feasible, then in such event Owner may be personally served with such process out of this County and such service shall constitute valid service upon Owner.

Owner is amenable to the process so served, submits to the jurisdiction of the Court so obtained 743
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and waives any and all objections and protests thereto. Owner for itself, assigns and successors hereby waives the provisions of the Hague Convention (Convention on the Service Abroad of Judicial and Extra Judicial Documents in Civil or Commercial Matters, 20 U.S.T. 361, T.I.A.S.

No. 6638).

11.20 Authority to Execute. The person or persons executing this Agreement on behalf of Owner warrants and represents that he or she/they have the authority to execute this Agreement on behalf of his or her/their corporation, partnership, or business entity and warrants and represents that he or she/they has/have the authority to bind Owner to the performance of its obligations hereunder.
[Signatures on following pages]
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SIGNATURE PAGE TO

DEVELOPMENT AGREEMENT BETWEEN

THE CITY OF FONTANA

AND POPLAR SOUTH DC, LLC
City

CITY OF FONTANA,
a California municipal corporation
By:

Acquanetta Warren, Mayor
By:

Matthew Ballantyne, City Manager

CHASE JUNIPER LIMITED PARTNERSHIP,
a California limited partnership
By: Chase Partners, Ltd.,
a Nevada Corporation, its general partner
By:

Name: David A. Parker
Title: President
ATTEST:

By:

Germaine Key, City Clerk
APPROVED AS TO LEGAL FORM:

BEST BEST & KRIEGER LLP
Ruben Duran, City Attorney
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ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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

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

WITNESS my hand and official seal.

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

WITNESS my hand and official seal.

Signature (Seal)
747

EXHIBIT A
-1-

EXHIBIT A

TO DEVELOPMENT AGREEMENT BETWEEN
THE City OF FONTANA AND Chase Juniper, LP
Legal Description of the Property
Real property in the City of Fontana, County of San Bernardino, State of California, described as follows: TENTATIVE PARCEL MAP NO. 23003, BEING A DIVISION OF THE FOLLOWING:

TRACT 1: (0255-101-24 & 30)
FARM LOT 761, ACCORDING TO MAP SHOWING SUBDIVISION OF LANDS

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

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

EXCEPTING THEREFROM, THAT PORTION OF LOT 761 DESCRIBED IN DEED RECORDED JUNE 10, 2005, AS INSTRUMENT NO. 2005-0414870, OF OFFICIAL RECORDS.

ALSO EXCEPTING THEREFROM, THOSE PORTIONS LYING WITHIN PARCEL MAP NO. 17652, RECORDED IN BOOK 217, PAGE 44, OF PARCEL MAPS.

APN: 0255-101-24-0-000, APN: 0255-101-30-0-000
748

EXHIBIT B
-1-

EXHIBIT B

TO DEVELOPMENT AGREEMENT BETWEEN
THE City OF FONTANA AND CHASE JUNIPER, LP
EXHIBIT B – Map Showing Property and its location:
749
-37-

EXHIBIT C

TO DEVELOPMENT AGREEMENT BETWEEN

THE CITY OF FONTANA AND CHASE JUNIPER, LP
Development Approvals
GENERAL PLAN DESIGNATION – GENERAL INDUSTRIAL (I-G)

ZONING & SPECIFIC PLAN - SOUTHWEST INDUSTRIAL PARK SPECIFIC PLAN (SWIP) & SLOVER EAST INDUSTRIAL DISTRICT

PROJECT SITE
I-G
SWIP – Slover
East Industrial
District (SED)
SWIP –
Slover
East
Industrial
District
(SED)

PROJECT SITE
750
-38-

TENTATIVE PARCEL MAP

SITE PLAN
751
-39-

ELEVATIONS
752
Draft Planning Commission Minutes of March 19, 2024 – Item PH-E ATTACHMENT NO. 10
PH-E Master Case No. 23-013: General Plan Amendment (GPA) No. 23-001, Zoning District Map Amendment (ZCA) No. 23-002, Specific Plan Amendment (SPA) No. 23- 001, Tentative Parcel Map 20795 (TPM) No. 23-003, Administrative Site Plan Review (ASP) No. 23-006 and Development Agreement No. (AGR) 23-001 - A request to amend the General Plan land use designation from Residential Planned Community (R-PC) to General Industrial (I-G), a Zoning District Map amendment to amend the zoning designation from Residential Planned Community (R-PC) to Specific Plan (SP), a Specific Plan Amendment to include the project site in the Southwest Industrial Park Specific Plan (SWIP), a Tentative Parcel Map for the consolidation of two (2) parcels into one (1) parcel, and an Administrative Site Plan for the site and architectural review to construct a 33,585 square foot industrial commercial center building within a project site comprised of approximately 1.6 acres, and a Development Agreement including provision for a public benefit fee, pursuant to a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program.

The project will include site improvements of parking, landscaping, and other associated on-site and off-site improvements on approximately 1.6-acre site. The applicant has also prepared a development agreement.

Chair Fort opened Public Hearing.

Cecily Session-Goins, Associate Planner, presented the staff report.

The Commission and staff discussed the exterior colors of the project.

The applicant, Chase Partners, was not present at the Planning Commission meeting.

Associate Planner Session- Goins stated that the applicant has accepted and agreed with the conditions of approval on their behalf.

No written correspondence was received.

The following individuals spoke in opposition:
• Joaquin Castillejos
• Elizabeth Sena
• Angel Esparza
• Sarah Randall
The Public Hearing was closed.

Additionally, the commission and staff discussed the project’s area zone change and truck route of the project.

RECOMMENDATION:

Based on the information in the staff report and subject to the attached Findings 753
Planning Commission Draft Minutes March 19, 2024

Page 2 of 2 ends

and Conditions of Approval; staff recommends that the Planning Commission adopt Resolution PC No. 2024-023, and forward a recommendation to the City Council to:

1. Adopt a resolution approving the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and direct staff to file a Notice of Determination; and,

2. Adopt a resolution approving General Plan Amendment (GPA) No.23-001; and,

3. Adopt an ordinance approving Zoning District Map Amendment (ZCA) No. 23-002; and,

4. Adopt an ordinance approving Specific Plan Amendment (SPA) No. 23-001; and,

5. Adopt a resolution approving Tentative Parcel Map No. 20795 (TPM No. 23- 003); and,

6. Adopt a resolution approving Administrative Site Plan Review (ASP) No. 23- 006; and,

7. Adopt an ordinance approving the Development Agreement (AGR) No. 23- 001.

ACTION: Motion was made by Commissioner Thrasher and seconded by Secretary Quintana and passed by a vote of 4-0 to approve Public Hearing Item “E”; adopt Resolution PC No. 2024-023; approve Tentative Parcel Map No. 20795 (TPM No. 23- 003) and Administrative Site Plan Review (ASP) No. 23-006.

The motion carried by the following vote:

AYES: Chair Fort, Secretary Quintana, Commissioners Sangha and Thrasher; NOES: None; ABSTAIN: None. ABSENT: Vice Chair Sanchez
754
City of Fontana
Action Report
Planning Commission
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2863 Agenda Date: 3/19/2024
Agenda #: PH-E Category: Public Hearing
FROM:

Planning Department
TITLE:

Master Case No. 23-013: General Plan Amendment (GPA) No. 23-001, Zoning District Map Amendment (ZCA) No. 23-002, Specific Plan Amendment (SPA) No. 23-001, Tentative Parcel Map 20795 (TPM) No. 23-003, Administrative Site Plan Review (ASP) No. 23-006 and Development Agreement No. (AGR) 23-001 - A request to amend the General Plan land use designation from Residential Planned Community (R-PC) to General Industrial (I-G), a Zoning District Map amendment to amend the zoning designation from Residential Planned Community (R-PC) to Specific Plan (SP), a Specific Plan Amendment to include the project site in the Southwest Industrial Park Specific Plan (SWIP), a Tentative Parcel Map for the consolidation of two (2) parcels into one (1) parcel, and an Administrative Site Plan for the site and architectural review to construct a 33,585 square foot industrial commercial center building within a project site comprised of approximately 1.6 acres, and a Development Agreement including provision for a public benefit fee, pursuant to a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program. The project will include site improvements of parking, landscaping, and other associated on-site and off-site improvements on approximately 1.6-acre site. The applicant has also prepared a development agreement.

RECOMMENDATION:

Based on the information in the staff report and subject to the attached Findings and Conditions of Approval; staff recommends that the Planning Commission adopt Resolution PC No. 2024 - ____, and forward a recommendation to the City Council to:

1. Adopt a resolution approving the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and direct staff to file a Notice of Determination; and,

2. Adopt a resolution approving General Plan Amendment (GPA) No.23-001; and,

3. Adopt an ordinance approving Zoning District Map Amendment (ZCA) No. 23-002; and,

4. Adopt an ordinance approving Specific Plan Amendment (SPA) No. 23-001; and,

5. Adopt a resolution approving Tentative Parcel Map No. 20795 (TPM No. 23-003); and,

6. Adopt a resolution approving Administrative Site Plan Review (ASP) No. 23-006; and,

7. Adopt an ordinance approving the Development Agreement (AGR) No. 23-001.

APPLICANT:

Chase Partners
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ATTACHMENT NO. 7 7551
File #: 21-2863 Agenda Date: 3/19/2024
Agenda #: PH-E Category: Public Hearing
6444 San Fernando Road, #3944
Glendale, CA 91221
LOCATION:

The project site is located on the east side of Juniper Avenue, south of Santa Ana Avenue and north of Jurupa Avenue; (APNs: 0255-101-24 and 0255-101-30).

REQUEST:

General Plan Amendment (GPA) No. 23-001 - A request to amend the land use designation from Residential Planned Community (R-PC) to General Industrial (I-G).

Zoning District Map Amendment (ZCA) No. 23-002 - A Zoning District Map amendment to amend the zoning designation from Residential Planned Community (R-PC) to Specific Plan (SP).

Specific Plan Amendment (SPA) No. 23-001 - A Specific Plan Amendment to include the project site in the Southwest Industrial Park Specific Plan (SWIP).

Tentative Parcel Map No. 20795 (TPM) No. 23-003 - A Tentative Parcel Map for the consolidation of two (2) parcels into one (1) parcel.

Administrative Site Plan Review (ASP) No. 23-006 - An Administrative Site Plan for the site and architectural review to construct a 33,585 square foot industrial commerce center building.

Development Agreement No. (AGR) 23-001 - A request for a Development Agreement to include payment of a public benefit fee.

PROJECT PLANNER:

Cecily Session-Goins, Associate Planner
BACKGROUND INFORMATION:

Land Use Designations:

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File #: 21-2863 Agenda Date: 3/19/2024
Agenda #: PH-E Category: Public Hearing
PROJECT DESCRIPTION:

A. Site Area: 1.6 acres
B. Building Analysis
Office: 1,350 square feet
Mezzanine: 1,650 square feet
Warehouse: 30,585 square feet
Total Area 33,585 square feet
C. Building Height:

Maximum Allowed: 60 feet
Proposed: 40 feet
D. Vehicle Parking Analysis:

Required: 38 spaces
Proposed: 43 spaces
E. Loading Spaces:

Required: 1 space
Provided: 2 spaces
F. Landscaping:

Minimum Required: 10,393 square feet (15%)
Proposed: 10,518 square feet (15.2%)
ANALYSIS:

The applicant, Chase Partners, is requesting that the Planning Commission review and forward a recommendation of approval to the City Council for a general plan amendment to amend the general plan land use designation from Residential Planned Community (R-PC) to General Industrial (I-G), a Zoning District Map Amendment to amend the zoning designation from Residential Planned Community (R-PC) to Specific Plan (SP), a Specific Plan Amendment to include the project site in the Slover East Industrial District (SED) of the Southwest Industrial Park Specific Plan (SWIP), a Tentative Parcel Map to consolidate two (2) parcels into one (1) parcel, an Administrative Site Plan for the development of the project site with a 33,505 square foot industrial commerce building and associated improvements, and a Development Agreement to include a public benefit fee.

General Plan Amendment (GPA) No. 23-001: The current general plan land use designation of Residential Planned Community (R-PC) for the project site does not allow for industrial commerce centers. The project would amend the general plan land use designation of the project site from Residential Planned Community (R-PC) to General Industrial (I-G) to accommodate the development a new industrial commerce facility. The General Industrial designation would be consistent with adjacent industrial designations on southerly adjacent property, and supports general plan goals, including:

Chapter 13, Goal No. 1, Action A: Establish a balance of industrial and manufacturing development along with services, especially in sectors with living wage jobs. The developer is proposing to construct an industrial commerce building, which will require construction labor. Labor leaders have emphasized that construction jobs support families. Additionally, the operations of the industrial City of Fontana Page 3 of 5 Printed on 3/13/2024
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File #: 21-2863 Agenda Date: 3/19/2024
Agenda #: PH-E Category: Public Hearing
emphasized that construction jobs support families. Additionally, the operations of the industrial commerce building will require employees for day-to-day operations, which will in turn provide jobs for local communities in the long term.

Zoning District Map Amendment (ZCA) No. 23-002 and Specific Plan Amendment (SPA) No. 23- 001: The applicant is requesting to amend the zoning designation of the project site from Residential Planned Community (R-PC) to Specific Plan (SP) to accommodate the proposed development. More specifically, the applicant is requesting to include the project site in the Slover East Industrial District (SED) of the Southwest Industrial Park Specific Plan (SWIP). The SP zoning designation and SED SWIP land use designations would be consistent with the land use designation on the southerly adjacent property and would be consistent with the proposed general plan land use designation.

Tentative Parcel Map No. 20795 (TPM No. 23-003): The proposed project includes the consolidation of two (2) parcels into one (1) parcel, as well as the required street dedication and improvements. The consolidated parcel meets the development standards of the SWIP’s SED land use district and will support the development of a new industrial facility.

Administrative Site Plan Review (ASP) No. 23-006: The development will be comprised of a 33,505 square foot industrial commerce facility inclusive of 3,000 square feet of office space (1,350 square feet on the ground floor and 1,650 square feet in a second level mezzanine), and 30,585 square feet of warehouse space with 3 loading dock spaces on approximately 1.6 acres. The developer will construct the necessary on-site and off-site improvements required by City standards.

The building’s tower element at the main entrance, glass features, painted bands and articulated window framing with glazing provide structural and visual interest. The applicant has incorporated a variety of architectural features on all sides of the building to meet or exceed the design standards for the Slover East Industrial District of Southwest Industrial Park Specific Plan.

The project site is physically suitable in size and shape to support the development of the proposed industrial commerce center building. The applicable building, zoning and fire codes and standards will be incorporated into the project and will make for a safe, attractive, and well-designed project. As proposed, the project site is consistent with the standards of the Slover East Industrial District of the Southwest Industrial Park Specific Plan and all requirements of the Industrial Commerce Centers Sustainability Standards Ordinance. The proposed project has been designed to be compatible with the industrial and commercial uses in the immediate vicinity.

Grading / Walls
The project site is relatively flat. Retaining walls will not be necessary as the project site has a similar grade as the adjoining parcels. An existing eight-foot-tall block wall will remain in place on a portion of the eastern property line, which separates the project site from large retail store (Home Depot) development. Eight-foot-tall tubular steel fencing will be installed on a portion of the northern, southern, and eastern property lines. The site will be secured with an eight-foot-tall tubular steel gate flanked by and anchored to 14-foot-tall concrete screen walls.

Site Access / Circulation / Parking
Due to the size of the site, there will be one access point shared by passenger cars and trucks on Juniper Avenue. Passenger car parking is located along the central drive aisle outside and inside of the truck court area. Trucks will be required to travel south toward Jurupa Avenue when departing City of Fontana Page 4 of 5 Printed on 3/13/2024
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File #: 21-2863 Agenda Date: 3/19/2024
Agenda #: PH-E Category: Public Hearing
the project site.

Development Agreement (AGR) No. 23-001: The project includes a development agreement that includes the payment of a public benefit fee of $150,896.25.

SB330: As currently zoned, this property would have allowed for the development of one (1) residential unit. To comply with California’s Housing Crisis Act of 2019 (SB330), the project will participate with the City of Fontana Municipal Code Chapter 30 Article XV “No Net Loss Density Bonus/Replacement Program.” The one (1) unit will be available as a density bonus for other residential properties throughout the city. The program will enable, on a first come, first served basis, density bonuses of up to 20% on other residential parcels until the one (1) residential unit is reclaimed within future planned residential projects.

Pursuant to FMC section 30-967, the Unit Bank cannot exceed 2,200 units. The Unit Bank currently has 1,615 units. This one (1) unit will be added to the Unit Bank increasing the number of units in the Unit Bank to 1,616, which is less than the 2,200 units authorized by the FMC.

Environmental
An Initial Study /Mitigated Negative Declaration (IS/MND), and Mitigation Monitoring and Reporting Program has been prepared for this project pursuant to the California Environmental Quality Act (CEQA) and the 2019 Local Guidelines for Implementing CEQA. Based on the information in the Initial Study (IS), with the incorporation of Mitigation Measures the IS concludes that the project could not have a significant effect on the environment as a result of project implementation. A Notice of Determination has been prepared for the Planning Commission’s consideration. The IS/MND along with Mitigation Monitoring and Reporting Program for this project can be found at <https://www.fontanaca.gov/2137/Environmental-Documents>. The Notice of Intent to Adopt an IS/Mitigated Negative Declaration and Public Hearing Notice was issued on February 23, 2024, for a public comment period of February 27, 2024 to March 18, 2024. As of the date of posting of this agenda, no comments were received.

MOTION:

Approve staff’s recommendation
ATTACHMENTS:

1. Vicinity Map

2. Project Plans

3. Exhibit for General Plan Amendment

4. Exhibit for Zone Change and Specific Plan Amendment

5. Planning Commission Resolution, Findings and Conditions of Approval

6. Development Agreement

7. Notice of Intent to Adopt a Mitigated Negative Declaration and Public Hearing Notice City of Fontana Page 5 of 5 Printed on 3/13/2024
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ATTACHMENT NO. 1
S

VICINITY MAP
DATE: March 19, 2024
CASE: Master Case No. 23-013, General Plan
Amendment No. 23-001, Zoning Code (Map)
Amendment No. 23-002, Specific Plan Amendment
No. 23-001, Tentative Parcel Map No. 23-003,
Administrative Site Plan No. 23-006, Development
Agreement No. 23-001

CITY OF FONTANA PLANNING

DEPARTMENT
Project Site
7606
CARTER GROUP ARCHITECTS INC. CARTER GROUP ARCHITECTS INC. CARTER GROUP ARCHITECTS INC. d e v e l o p e r p r o j e c t s h e e t 12345 ARCHITECTS INC. CARTER GROUP E A CT RNI T ED ARC S O F ALI C CI S L TATE NE HI FO 9 4 9 4 9 8 3 5 3 5 2 2 2 W. A v e n i d a c a r t e r @ C A 9 2 6 7 2 S a n C l e m e n t e S a n A n t o n i o c a r t e r g r o u p . n e t T E L E M A I L CHASE PARTNERS LTD 6444 San Fernando Road #3944 Glendale, CA 91221 310 689 7600 FONTANA BUSINESS CENTER 3 Juniper Avenue Fontana, CA 92336 MCN23-000013 PAM22-000153 Exterior Color & Material Legend VISION GLASS - OFFICE: VISION GLASS - WAREHOUSE: SPANDREL OVER CONCRETE: ALUMINUM STOREFRONT: SOFFIT: CONCRETE TILT-UP WALL: CONCRETE TILT-UP WALL: CONCRETE TILT-UP WALL: CONCRETE TILT-UP WALL: CONCRETE TILT-UP WALL: METAL ACCENT PANEL: SCREEN WALL: TRASH ENCLOSURE: OVERHEAD DOORS: EXIT DOORS: STEEL GATES: ADDRESS SIGN LOCATION: 1 1/2" PANEL REVEALS. EXTERIOR WALL LIGHTING: VENTING LOUVERS: HVAC UNIT OR ROOF HATCH LOCATION: ROOF LINE: WINDOW CANOPY: VITRO AG 1" IGU SOLARBAN 60 (2) PACIFICA + CLEAR LOW-E BLUE. VITRO 1/4" INCH MONOLITHIC SOLARBAN 60 PACIFICA LOW-E BLUE VITRO 1/4" MONOLITHIC SOLARBAN 60 PACIFICA W/ MEDIUM GRAY OPACIFIER BLUE FRONT SET GLAZED SYSTEM CLEAR ANODIZED W/ NARROW STILE ENTRY DOORS MORIN PRIMO PSR-12-2 ZINC. SEE WALL SECTIONS & DETAILS. SMOOTH FINISH DUNN-EDWARDS COLOR: COLD WIND DE6351 SMOOTH FINISH DUNN-EDWARDS COLOR: GRAY WOLF DE6354 SMOOTH FINISH DUNN-EDWARDS COLOR: SHEET METAL DE6356 SMOOTH FINISH DUNN-EDWARDS COLOR: CLIPPED GRASS DE5552 1 1/2" DEEP FLUTED RIB PATTERN FITZGERALD FORMLINERS #14306 MORIN MATRIX MX-1 WALL SERIES. PERFORATED ZINC PANELS. PERFORATION PATTERN: 1/8” HOLE 1/4” SPACING 23% OPEN AREA. EXTERIOR ENAMEL DUNN-EDWARDS COLORS AS SHOWN ON ELEVATION. SMOOTH FINISH DUNN EDWARDS COLOR: GRAY WOLF DE6354 EXTERIOR ENAMEL DUNN-EDWARDS COLOR TO MATCH ADJACENT WALL COLOR. HOLLOW METAL DOOR & FRAME EXTERIOR ENAMEL DUNN-EDWARDS COLOR TO MATCH ADJACENT WALL COLOR. 2-SECTION ROLLING STEEL FRAMED GATE & PEDESTRIAN GATE WITH PERFORATED CORRUGATED METAL SCREEN. 12" HEIGHT RAISED CHANNEL LETTERING INTERNALLY ILLUMINATED. SEE STRUCTURAL DETAILS SEE ELECTRICAL PLANS. SEE MECHANICAL PLANS. HIDDEN ON ALL SIDES BY PARAPETS. SEE ROOF & MECHANICAL PLANS. SEE ROOF PLAN. ARCADIA SUN SHADE BRISE SOLEIL STANDARD SERIES BSS005 ALUMINUM. SEE ELEVATIONS & DETAILS. Exterior Colored Elevations EXISTING SIDEWALK EXISTING CURB & GUTTER TRUCK AT INTERIOR DOCK EXISTING STREET DOOR ENTRANCE - NO TRUCKS PARKED OUTSIDE. OVERHEAD DOOR FOR FORKLIFT ACCESS ONLY - NO TRUCK LOADING OR UNLOADING. PROPOSED PCC PROPOSED 14' SCREEN WALL PROPOSED PCC EXISTING SIDEWALK EXISTING CURB & GUTTER EXISTING STREET RECESSED AREAS TYP. 5 6 7 8 9 10 Elevation Notes 12a3456789101112131415161718192021222b 19 13 13 2b 14 7 1234 2a 8 22 10 7 9 5 7 2a 8 5 6 14 18 18 18 1 1 1 16 20 22 8 9 5 7 14 2b 10 4 4 18 11 15 22 8 6 2a 22 2a 3 5 6 7 17 1717 17 3 17 15 11 K J I H F E D B A 1 5 6.9 7 9 A B C D E F G J K 9 8 6.9 6 5 4 3 2 1 South Elevation A3.1 East Elevation North Elevation Juniper Avenue Elevation PARAPET PARAPET PARAPET PARAPET CEILING MEZZANINE CEILING FLOOR PARAPET PARAPET PARAPET PARAPET PARAPET PARAPET Dunn-Edwards Gray Wolf DE6354 Dunn Edwards Clipped Grass DE5552 Horizontal Fluted Rib Concrete Fitzgerald Formliner Pattern #14306 Morin Matrix MX-1 Wall Series Zinc Perforated Panels Dunn-Edwards Sheet Metal DE6356 Dunn-Edwards Cold Wind DE6351 ⅊ ⅊ ⅊ ⅊ ℄ JUNIPER AVE ⅊ R/W ⅊ ℄
JUNIPER AVE R/W ⅊ ⅊ RECESSED AREAS TYP. RECESSED AREAS TYP. RECESSED AREAS TYP. RECESSED AREAS TYP. RECESSED AREAS TYP. RECESSED AREAS TYP. RECESSED AREAS TYP. RECESSED AREAS TYP. 12 7 761 D
D
DCB D FONTANA BUSINESS CENTER 3 FONTANA, CA BUILDING AREA/PARKING REQUIRED PARKING PROVIDED BICYCLE PARKING TOTAL BUILDING FOOTPRINT 33,855 SF CARTER GROUP ARCHITECTS INC. CARTER GROUP ARCHITECTS INC. CARTER GROUP ARCHITECTS INC. d e v e l o p e r p r o j e c t s h e e t 12345 ARCHITECTS INC. CARTER GROUP
E A

CT RNI T
ED
A
RC
S O F
ALI
C

CI S L TATE NE
HI FO 9 4 9 4 9 8 3 5 3 5 2 2 2 W. A v e n i d a c a r t e r @ C A 9 2 6 7 2 S a n C l e m e n t e S a n A n t o n i o c a r t e r g r o u p . n e t T E L E M A I L CHASE PARTNERS LTD 6444 San Fernando Road #3944 Glendale, CA 91221 310 689 7600 FONTANA BUSINESS CENTER 3 Juniper Avenue Fontana, CA 92336 MCN23-000013 PAM22-000153 A1.1 Preliminary Site Plan ASSESSOR'S PARCEL NUMBER APN 0255-101-24-0-000 & 0255-101-30-0-000 Job Address Juniper Avenue Legal Description PARCEL 2 OF PARCEL MAP, IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 47 PAGE 18 AND 19, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. VICINITY MAP N.T.S. Scope of Work NEW 42,100 SF INDUSTRIAL BUILDING WITH A FOOTPRINT OF 40,400 SF, 1,400 SF 1ST FLOOR OFFICE, 1,700 SF MEZZANINE OFFICE, 39,000 SF WAREHOUSE, 4 TRUCK DOCK LOADING AREA, TRUCK YARD WITH CONCRETE SCREEN WALLS & SLIDING GATE, TOTAL PARKING OF 52 SPACES PLUS 2 LOADING SPACES, 2 ON-GRADE OHD, COVERED BREAK AREA, TRASH ENCLOSURE, LANDSCAPED YARD, & SITE LIGHTING, ON 2.30 ACRE SITE. Applicant CHASE PARTNERS 6444 San Fernando Road, #3944 Glendale, CA 91221 Attn: David Parker 310.689-7600 | [email protected] Code Analysis Area Justification Project Information · 2022 - CALIFORNIA BUILDING CODE· 2022 - CALIFORNIA MECHANICAL CODE· 2022 - CALIFORNIA PLUMBING CODE· 2022 - CALIFORNIA ELECTRICAL CODE· 2022 - CALIFORNIA ENERGY CODE· 2022 - CALIFORNIA FIRE CODE Current Codes Site Plan Legend Architect of Record CARTER GROUP ARCHITECTS, INC. SHALL BE RESPONSIBLE FOR REVIEWING AND COORDINATING ALL SUBMITTAL DOCUMENTS PREPARED BY OTHERS, INCLUDING DEFERRED SUBMITTAL ITEMS, FOR COMPATIBILITY WITH THE DESIGN OF THE BUILDING. Civil Notes 1. ALL IMPROVEMENTS SHOWN OUTSIDE THE PROPERTY LINES OF THIS PROPERTY ARE EXISTING WITH THE EXCEPTION OF THE NEW DRIVEWAY APPROACH.

N Site Plan Notes
1 NEW TYPICAL PARKING STALLS WITH 3" WIDE DOUBLE STALL STRIPING PER ACCESS MANAGEMENT STD. 1018. NEW TWO STANDARD AND ONE VAN ACCESSIBLE PARKING SPACE. SEE DETAIL. NEW ACCESSIBLE PARKING SIGN AT DRIVEWAY ENTRANCE. SEE DETAIL. NEW EV CAPABLE (EVC) PARKING SPACES WIRED FOR FUTURE ELECTRIC CHARGING CGC SECT 5.106.5.3.1 NEW EVCS (EV CHARGING STATION) PARKING SPACES WITH INSTALLED ELECTRIC VEHICLE CHARGING STATION CGC SECT 5.106.5.3.2. NEW STANDARD OR VAN ADA ACCESSIBLE EVCS PARKING SPACE WITH INSTALLED ELECTRIC VEHICLE CHARGING STATION CBC TABLE 11B-228.3.2.1 ELECTRIC VEHICLE CHARGING STATION LOCATION SIGN PER CALTRANS TRAFFIC OPERATIONS POLICY DIRECTIVE 13-01 2020 AND ADA CLEAR ACCESS SPACE IF LOCATED ON ACCESSIBLE PATH. NEW TRUCK EXIT DIRECTION SIGN STATING "ALL TRUCK TRAFFIC EXIT LEFT ONLY" NEW ACCESSIBLE PATH OF TRAVEL TO BUILDING ACCESS POINTS AS SHOWN. NEW 12" WIDE CONCRETE PAVER STRIP IN PLANTERS NEXT TO PARKING SPACES. NEW 40' WIDE CONCRETE DRIVE APPROACH PER AGENCY STANDARDS WITH A 48" WIDE MINIMUM CLEAR PATH OF TRAVEL ACROSS DRIVEWAY. NEW DEDICATED RIGHT-OF-WAY AT NEW CONCRETE DRIVE PER CITY REQUIREMENTS. NEW CONCRETE PAVING OVER BASE PER CIVIL PLANS. NEW SALT FINISH CONCRETE ACCENT WITH SAW CUT GRID @ 24" O.C. COLOR TO MATCH BUILDING. NEW 5' CONCRETE PUBLIC SIDEWALK PER CITY STANDARD 1006. SEE CIVIL PLANS. EXISTING CONCRETE SIDEWALK. SEE CIVIL PLANS. NEW 8" CONCRETE CURB. SEE CIVIL PLANS. EXISTING CONCRETE CURB. SEE CIVIL PLANS. NEW LANDSCAPE AREA. SEE LANDSCAPE PLANS. EXISTING CURB ON ADJACENT PROPERTY. SEE CIVIL. EXISTING 8' HIGH CMU SCREEN WALL ON ADJACENT PROPERTY. SEE CIVIL. NEW 14' HIGH CONCRETE TILT-UP SCREEN WALLS TRUCK YARD ENCLOSURE. SEE EXTERIOR ELEVATIONS. NEW 8'H X 28'W POWERED 2-SECTION SLIDING STEEL GATE W/ PROTECTIVE GUARD POSTS ON ONE SIDE & MESH SCREENING ALL PAINTED TO MATCH BUILDING. GATE CONSTRUCTION TO MEET CITY FIRE STANDARDS. PROVIDE KNOX OVERRIDE SWITCH. EXISTING FENCE ON ADJACENT PROPERTY. SEE CIVIL PLANS. EXISTING TEMP. FENCE ON PL TO BE REMOVED. SEE CIVIL PLANS. NEW 8' HIGH TUBULAR STEEL FENCE WITH PERFORATED METAL SCREENING TO MEET CITY REQUIREMENTS. NO FOOTINGS AT SEWER EASEMENT. NEW 8' HIGH TUBULAR STEEL FENCE WITH MAN GATE AS SHOWN. SEE DETAILS. PROPOSED TRANSFORMER LOCATION WITH PROTECTIVE BOLLARDS AND LANDSCAPE SCREENING AS REQUIRED. NEW ELECTRICAL, PHONE & ALARM ROOM LOCATION. SEE ELECTRICAL PLANS NEW 60"X60" MIN. REQUIRED LEVEL LANDING AT ALL EXTERIOR DOORS TO MEET TITLE 24 REQUIREMENTS. NEW TRASH/RECYCLE ENCLOSURE WITH TILT-UP WALLS PAINTED TO MATCH BUILDING WITH TRELLIS COVER AND ACCESSIBLE PATH OF TRAVEL. SEE DETAIL. NEW EMPLOYEE BREAK AREA WITH 2 TABLES & 12 CHAIRS WITH OVERHEAD SHADE STRUCTURE & TRASH RECEPTACLE. ALL OUTDOOR FURNITURE IN THE BREAK AREA SHALL BE PERMANENT, UNIFORM AND OF DURABLE MATERIALS. SEE DETAIL. NEW HUNTCO RAMBLER-5-FLG BICYCLE RACK WITH GALVANIZED FINISH. SEE SITE DETAILS. EXISTING STREET RIGHT-OF-WAY. SEE CIVIL PLANS. NEW 4' DEDICATED STREET RIGHT-OF-WAY. SEE CIVIL PLANS. PROPERTY LINE. SEE CIVIL PLANS. PROPERTY LINE SETBACK. SEE CIVIL PLANS. EXISTING POLE TO BE REMOVED. SEE CIVIL PLANS. EXISTING STREET LIGHT SEE CIVIL PLANS. DEMOLISH & REMOVE EXISTING CATCH BASIN AND LATERAL. SEE CIVIL PLANS. NEW CURB OPENING, CATCH BASIN & LATERIAL. SEE CIVIL PLANS. EXISTING STORM DRAIN & MANHOLE. SEE CIVIL PLANS. NEW STORMWATER BIOFILTRATION SYSTEM. SEE CIVIL PLANS. NOT USED. NEW ROOF DOWNSPOUT AND OVERFLOW DRAIN. SEE CIVIL DRAWINGS. NEW FIRE HYDRANT LOCATION SEE FIRE PLANS. NEW FIRE WATER UG LINE. SEE FIRE PLANS. NEW FIRE DEPARTMENT CONNECTION WITH DETECTOR CHECK ASSEMBLY. SEE FIRE PLANS & LANDSCAPE PLANS FOR SCREENING. NEW FIRE SPRINKLER RISER WITH PROTECTIVE BOLLARDS IN CONFORMANCE WITH CFC SEC. 312. SEE FIRE PLANS. NEW KNOX KEY SWITCH LOCATION PER FIRE DEPARTMENT REQUIREMENTS. ROOF LADDER/HATCH ACCESS LOCATION. SEE ROOF PLAN. NEW WATER METER LOCATION. SEE CIVIL PLANS. NEW SEWER LATERAL TO BUILDING. SEE CIVIL PLANS. NEW SITE PARKING LOT POLE LIGHT. SEE ELECTRICAL DRAWINGS. NEW TELEPHONE SERVICE. SEE ELECTRICAL PLANS. NEW LANDSCAPE IRRIGATION METER. SEE LANDSCAPE PLANS. NEW IRRIGATION CONTROLLER SEE LANDSCAPE PLANS. NEW BUILDING ADDRESS LOCATION SEE EXTERIOR ELEVATIONS. EXISTING STRUCTURE ON ADJACENT PROPERTY. SEE CIVIL PLANS. 2a7b8b9a 10a 11 12a 13a 14a 15161718 19a 3a3b 10b 9b8a3c 4567a 14b 202122 23a 24a 25a 25b 25c 2b 26a 26b 26c 26d 26e 2728293031323334 A1.2 10-S2 A1.2 A1.2 12 7 A1.2
7 13b 12b 23b Preliminary Site Plan SCALE 1"=30' 0 10' 30' 50' Scheme 1.5.1 8/31/23 N 13c 35 Site 12c WAREHOUSE/OFFICE INTERIOR DOCK LANDSCAPE FIRE TRUCK PATH D
D
U PP
U

D SS PP PP D
DCB D
E DI SSESTABLISHED BY PRORATION, PER MB 11/12 SOUTH LINE, INST 2005-0414870, OR, ESTABLISHED PER SAID DEED WEST LINE, PMB 217/44, ESTABLISHED PER MAP

ROAD IS UNDER CONSTRUCTION

ROAD IS UNDER CONSTRUCTION SITE IS UNDER CONSTRUCTION VACANT LAND, NO BUILDINGS

J U N I P E R A V E N U E
(RIGHT-OF-WAY WIDTH VARIES) POLE 0.4' OUT POLE 1.5' OUT POLE 2.3' OUT TEMP FENCE MEANDERS ALONG PL WALL 1.0' OUT WALL 1.0' OUT CURB 1.5' OUT FENCE

1.1' OUT
CURB

3.4' OUT
CURB

3.2' OUT
FENCE

1.0' OUT
ACCESS PORTION LOT 761 MB 11/12 APN: 0255-101-25 OWNER: UNITED STATES POSTAL SERVICE APN: 0255-101-29 OWNER: HOME DEPOT USA INC APN: 0255-101-33 OWNER: UNKNOWN 17" WATER
8" WATER
17" WATER
8" WATER
8" SS 8" SS EASEMENT FOR SANITARY SEWER RECORDED NOVEMBER 29, 2006 AS INSTRUMENT NO 2006-0805919, OR. 8" SEWER
8" SEWER
TWH OFFICE 1st Flr 1,350 SF Mezz 1,650 SF BLDG. 33,855 SF Footprint 35,505 SF Total WAREHOUSE 30,585 SF 11 NO PARKING NO PARKING VAN INTERIOR DOCK 1,920 SF HC S S S 12'X70'

TRAILER PARKING
12'X70'
TRAILER PARKING FIRE TRUCK HAMMERHEAD HC EVCSEV CHARGING ONLY EV CHARGING ONLY EVCS EVCSEV CHARGING ONLY BREAK AREA 26'X16' OHD 14'X16' OHD FIRE LANE 14 8 2
2 N 89° 29' 24" E 294.00'
N 00° 22' 51" W 238.82' N 89° 30' 24" E 294.00'
N 00° 22' 51" W 238.91'
N 00°22'51" W 238.91' N 89° 29' 24" E 290.00' N 89° 30' 24" E 290.00' 3d EVCEV CLEAN AIR ONLY 2a 2a 3c 3c 3b 3d 3aEVCEV CLEAN AIR ONLY EVC EVC 3a 3a 3a EV CLEAN AIR ONLY EV CLEAN AIR ONLY EVC3aEV CLEAN AIR ONLY 2928 10a 11 1 1
1 1
1 2b
5 6 6 7a7b8b 8a 8a 9a9a 10a 23a 10a 24b 13a 13d 13c 12a 12a 12b 12b 13b 13b 14a 14b ELEC./ PHONE 15 17 18 19a 19b 19b 20 20 20 21 21 22 10b 25a 25c 25c 26b 26c 26d 26e 27 26e 34 3d

EXISTING R/W
NEW 4' DEDICATED R/W 21 Trash/Recycle Enclosure Roof Elevation 13 13 42 114
346 11
81097Plan TRASH/RECYCLE5 Notes 1110
9 8
7 654
3 21121314 12
2 14
1 Employee Break Area Notes2
3 4 Elevation Plan
345
35421
5 16
2 1 A1.1
1 A1.12 9b 19b 12c 13d 13d Sheet Index CIVIL ARCHITECTURAL LANDSCAPE 23b 22 1. FULL OFFSITE IMPROVEMENTS WILL BE REQUIRED 2. UNDERGROUND ALL EXISTING OVERHEAD UTILITY SERVICE LINES 3. SEWER AVAILABLE FOR CONNECTION ON SITE OR ON JUNIPER AVE 4. STORM DRAIN IS AVAILABLE ON JUNIPER AVE FOR STORM WATER MITIGATION NOTES DA 2 1.49 AC. DA 1 0.10 AC. 13e 13e 13e Gate 28' GATE
2-SECTION
SLIDING 24a 24b 24b
8" SEWER
42" RCP STORM DRAIN
2" GAS 36" RCP STORM DRAIN 8" V.C.P SEWER
4 ℄ 13d ATTACHMENT NO. 2
8 762
22 26e FONTANA BUSINESS CENTER 3 FONTANA, CA BUILDING AREA/PARKING REQUIRED PARKING PROVIDED BICYCLE PARKING TOTAL BUILDING FOOTPRINT 33,855 SF CARTER GROUP ARCHITECTS INC. CARTER GROUP ARCHITECTS INC. CARTER GROUP ARCHITECTS INC. d e v e l o p e r p r o j e c t s h e e t 12345 ARCHITECTS INC. CARTER GROUP E A CT RNI T ED ARC S O F ALI C CI S L TATE NE HI FO 9 4 9 4 9 8 3 5 3 5 2 2 2 W. A v e n i d a c a r t e r @ C A 9 2 6 7 2 S a n C l e m e n t e S a n A n t o n i o c a r t e r g r o u p . n e t T E L E M A I L CHASE PARTNERS LTD 6444 San Fernando Road #3944 Glendale, CA 91221 310 689 7600 FONTANA BUSINESS CENTER 3 Juniper Avenue Fontana, CA 92336 MCN23-000013 PAM22-000153 ASSESSOR'S PARCEL NUMBER APN 0255-101-24-0-000 & 0255-101-30-0-000 Job Address Juniper Avenue Legal Description PARCEL 2 OF PARCEL MAP, IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 47 PAGE 18 AND 19, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. VICINITY MAP N.T.S. Scope of Work NEW 42,100 SF INDUSTRIAL BUILDING WITH A FOOTPRINT OF 40,400 SF, 1,400 SF 1ST FLOOR OFFICE, 1,700 SF MEZZANINE OFFICE, 39,000 SF WAREHOUSE, 4 TRUCK DOCK LOADING AREA, TRUCK YARD WITH CONCRETE SCREEN WALLS & SLIDING GATE, TOTAL PARKING OF 52 SPACES PLUS 2 LOADING SPACES, 2 ON-GRADE OHD, COVERED BREAK AREA, TRASH ENCLOSURE, LANDSCAPED YARD, & SITE LIGHTING, ON 2.30 ACRE SITE. Code Analysis Area Justification Project Information · 2022 - CALIFORNIA BUILDING CODE · 2022 - CALIFORNIA MECHANICAL CODE · 2022 - CALIFORNIA PLUMBING CODE · 2022 - CALIFORNIA ELECTRICAL CODE · 2022 - CALIFORNIA ENERGY CODE · 2022 - CALIFORNIA FIRE CODE Current Codes Civil Notes 1. ALL IMPROVEMENTS SHOWN OUTSIDE THE PROPERTY LINES OF THIS PROPERTY ARE EXISTING WITH THE EXCEPTION OF THE NEW DRIVEWAY APPROACH. N Truck Paths Exhibit SCALE 1"=30' 0 10' 30' 50' 8/31/23 N Site TWH OFFICE 1st Flr 1,350 SF Mezz 1,650 SF BLDG. 33,855 SF Footprint 35,505 SF Total WAREHOUSE 30,585 SF 11 NO PARKING NO PARKING VAN INTERIOR DOCK 1,920 SF HC S S S 12'X70'

TRAILER PARKING
12'X70'
TRAILER PARKING HC EVCSEV CHARGING ONLY EV CHARGING ONLY EVCS EVCSEV CHARGING ONLY BREAK AREA 26'X16' OHD 14'X16' OHD 14 8 2 2 N 89° 29' 24" E 294.00' N 00° 22' 51" W 238.82' N 89° 30' 24" E 294.00'
N 00° 22' 51" W 238.91'
N 00°22'51" W 238.91' N 89° 29' 24" E 290.00' N 89° 30' 24" E 290.00' EVCEV CLEAN AIR ONLY 2a 2a 3c 3c 3b 3d 3aEVCEV CLEAN AIR ONLY EVC EVC 3a 3a 3a EV CLEAN AIR ONLY EV CLEAN AIR ONLY EVC3aEV CLEAN AIR ONLY 1 1 1 1 1 2b5 6 7a7b8b 8a 9a 10a 10a 11 13a 13d 13c 12a 13b 13b 12a 14a 14b ELEC./ PHONE 15 18 19a 19b 19b 20 20 21 25c 25c 21 26e 3d

EXISTING R/W
NEW 4' DEDICATED R/W 21 16 23b 22 A1.1T Site Truck Paths Exhibit 6 34 26d 27 Applicant CHASE PARTNERS 6444 San Fernando Road, #3944 Glendale, CA 91221 Attn: David Parker 310.689-7600 | [email protected] Site Plan Legend Architect of Record CARTER GROUP ARCHITECTS, INC. SHALL BE RESPONSIBLE FOR REVIEWING AND COORDINATING ALL SUBMITTAL DOCUMENTS PREPARED BY OTHERS, INCLUDING DEFERRED SUBMITTAL ITEMS, FOR COMPATIBILITY WITH THE DESIGN OF THE BUILDING. Sheet Index CIVIL ARCHITECTURAL LANDSCAPE 4 Site Plan Notes 12a7b8b9a 10a 11 12a 13a 14a 15161718 19a 3a3b 10b 9b8a3c4567a 14b 202122 23a 24a 25a 25b 25c 2b 26a 26b 26c 26d 26e 2728293031323334 13b 12b 23b 13c 35 12c WAREHOUSE/OFFICE INTERIOR DOCK LANDSCAPE FIRE TRUCK PATH 3d 1 A1.1 1 A1.1 2 19b 13d 13e 28' GATE
2-SECTION
SLIDING 24b ℄ NEW TYPICAL PARKING STALLS WITH 3" WIDE DOUBLE STALL STRIPING PER ACCESS MANAGEMENT STD. 1018. NEW TWO STANDARD AND ONE VAN ACCESSIBLE PARKING SPACE. SEE DETAIL. NEW ACCESSIBLE PARKING SIGN AT DRIVEWAY ENTRANCE. SEE DETAIL. NEW EV CAPABLE (EVC) PARKING SPACES WIRED FOR FUTURE ELECTRIC CHARGING CGC SECT 5.106.5.3.1 NEW EVCS (EV CHARGING STATION) PARKING SPACES WITH INSTALLED ELECTRIC VEHICLE CHARGING STATION CGC SECT 5.106.5.3.2. NEW STANDARD OR VAN ADA ACCESSIBLE EVCS PARKING SPACE WITH INSTALLED ELECTRIC VEHICLE CHARGING STATION CBC TABLE 11B-228.3.2.1 ELECTRIC VEHICLE CHARGING STATION LOCATION SIGN PER CALTRANS TRAFFIC OPERATIONS POLICY DIRECTIVE 13-01 2020 AND ADA CLEAR ACCESS SPACE IF LOCATED ON ACCESSIBLE PATH. NEW TRUCK EXIT DIRECTION SIGN STATING "ALL TRUCK TRAFFIC EXIT LEFT ONLY" NEW ACCESSIBLE PATH OF TRAVEL TO BUILDING ACCESS POINTS AS SHOWN. NEW 12" WIDE CONCRETE PAVER STRIP IN PLANTERS NEXT TO PARKING SPACES. NEW 40' WIDE CONCRETE DRIVE APPROACH PER AGENCY STANDARDS WITH A 48" WIDE MINIMUM CLEAR PATH OF TRAVEL ACROSS DRIVEWAY. NEW DEDICATED RIGHT-OF-WAY AT NEW CONCRETE DRIVE PER CITY REQUIREMENTS. NEW CONCRETE PAVING OVER BASE PER CIVIL PLANS. NEW SALT FINISH CONCRETE ACCENT WITH SAW CUT GRID @ 24" O.C. COLOR TO MATCH BUILDING. NEW 5' CONCRETE PUBLIC SIDEWALK PER CITY STANDARD 1006. SEE CIVIL PLANS. EXISTING CONCRETE SIDEWALK. SEE CIVIL PLANS. NEW 8" CONCRETE CURB. SEE CIVIL PLANS. EXISTING CONCRETE CURB. SEE CIVIL PLANS. NEW LANDSCAPE AREA. SEE LANDSCAPE PLANS. EXISTING CURB ON ADJACENT PROPERTY. SEE CIVIL. EXISTING 8' HIGH CMU SCREEN WALL ON ADJACENT PROPERTY. SEE CIVIL. NEW 14' HIGH CONCRETE TILT-UP SCREEN WALLS TRUCK YARD ENCLOSURE. SEE EXTERIOR ELEVATIONS. NEW 8'H X 28'W POWERED 2-SECTION SLIDING STEEL GATE W/ PROTECTIVE GUARD POSTS ON ONE SIDE & MESH SCREENING ALL PAINTED TO MATCH BUILDING. GATE CONSTRUCTION TO MEET CITY FIRE STANDARDS. PROVIDE KNOX OVERRIDE SWITCH. EXISTING FENCE ON ADJACENT PROPERTY. SEE CIVIL PLANS. EXISTING TEMP. FENCE ON PL TO BE REMOVED. SEE CIVIL PLANS. NEW 8' HIGH TUBULAR STEEL FENCE WITH PERFORATED METAL SCREENING TO MEET CITY REQUIREMENTS. NO FOOTINGS AT SEWER EASEMENT. NEW 8' HIGH TUBULAR STEEL FENCE WITH MAN GATE AS SHOWN. SEE DETAILS. PROPOSED TRANSFORMER LOCATION WITH PROTECTIVE BOLLARDS AND LANDSCAPE SCREENING AS REQUIRED. NEW ELECTRICAL, PHONE & ALARM ROOM LOCATION. SEE ELECTRICAL PLANS NEW 60"X60" MIN. REQUIRED LEVEL LANDING AT ALL EXTERIOR DOORS TO MEET TITLE 24 REQUIREMENTS. NEW TRASH/RECYCLE ENCLOSURE WITH TILT-UP WALLS PAINTED TO MATCH BUILDING WITH TRELLIS COVER AND ACCESSIBLE PATH OF TRAVEL. SEE DETAIL. NEW EMPLOYEE BREAK AREA WITH 2 TABLES & 12 CHAIRS WITH OVERHEAD SHADE STRUCTURE & TRASH RECEPTACLE. ALL OUTDOOR FURNITURE IN THE BREAK AREA SHALL BE PERMANENT, UNIFORM AND OF DURABLE MATERIALS. SEE DETAIL. NEW HUNTCO RAMBLER-5-FLG BICYCLE RACK WITH GALVANIZED FINISH. SEE SITE DETAILS. EXISTING STREET RIGHT-OF-WAY. SEE CIVIL PLANS. NEW 4' DEDICATED STREET RIGHT-OF-WAY. SEE CIVIL PLANS. PROPERTY LINE. SEE CIVIL PLANS. PROPERTY LINE SETBACK. SEE CIVIL PLANS. EXISTING POLE TO BE REMOVED. SEE CIVIL PLANS. EXISTING STREET LIGHT SEE CIVIL PLANS. DEMOLISH & REMOVE EXISTING CATCH BASIN AND LATERAL. SEE CIVIL PLANS. NEW CURB OPENING, CATCH BASIN & LATERIAL. SEE CIVIL PLANS. EXISTING STORM DRAIN & MANHOLE. SEE CIVIL PLANS. NEW STORMWATER BIOFILTRATION SYSTEM. SEE CIVIL PLANS. NOT USED. NEW ROOF DOWNSPOUT AND OVERFLOW DRAIN. SEE CIVIL DRAWINGS. NEW FIRE HYDRANT LOCATION SEE FIRE PLANS. NEW FIRE WATER UG LINE. SEE FIRE PLANS. NEW FIRE DEPARTMENT CONNECTION WITH DETECTOR CHECK ASSEMBLY. SEE FIRE PLANS & LANDSCAPE PLANS FOR SCREENING. NEW FIRE SPRINKLER RISER WITH PROTECTIVE BOLLARDS IN CONFORMANCE WITH CFC SEC. 312. SEE FIRE PLANS. NEW KNOX KEY SWITCH LOCATION PER FIRE DEPARTMENT REQUIREMENTS. ROOF LADDER/HATCH ACCESS LOCATION. SEE ROOF PLAN. NEW WATER METER LOCATION. SEE CIVIL PLANS. NEW SEWER LATERAL TO BUILDING. SEE CIVIL PLANS. NEW SITE PARKING LOT POLE LIGHT. SEE ELECTRICAL DRAWINGS. NEW TELEPHONE SERVICE. SEE ELECTRICAL PLANS. NEW LANDSCAPE IRRIGATION METER. SEE LANDSCAPE PLANS. NEW IRRIGATION CONTROLLER SEE LANDSCAPE PLANS. NEW BUILDING ADDRESS LOCATION SEE EXTERIOR ELEVATIONS. EXISTING STRUCTURE ON ADJACENT PROPERTY. SEE CIVIL PLANS. 9 763 CARTER GROUP ARCHITECTS INC. CARTER GROUP ARCHITECTS INC. CARTER GROUP ARCHITECTS INC. d e v e l o p e r p r o j e c t s h e e t 12345 ARCHITECTS INC. CARTER GROUP E A CT RNI T ED ARC S O F ALI C CI S L TATE NE HI FO 9 4 9 4 9 8 3 5 3 5 2 2 2 W. A v e n i d a c a r t e r @ C A 9 2 6 7 2 S a n C l e m e n t e S a n A n t o n i o c a r t e r g r o u p . n e t T E L E M A I L CHASE PARTNERS LTD 6444 San Fernando Road #3944 Glendale, CA 91221 310 689 7600 FONTANA BUSINESS CENTER 3 Juniper Avenue Fontana, CA 92336 MCN23-000013 PAM22-000153 A2.1 First Floor Plan & Exiting 21 SIM A6.1 21 A6.1 18-19 A6.1 Floor Plan Notes REINFORCED CONCRETE TILT-UP WALL PANEL. SEE STRUCTURAL PLANS. ALUMINUM STOREFRONT WITH FRONTSET GLAZING SYSTEM WITH VISION OR SPANDREL GLASS. SEE EXTERIOR ELEVATIONS. STEEL COLUMNS. SEE STRUCTURAL PLANS. 4" METAL STUD WALL WITH 5/8" GYPSUM BOARD ON BOTH SIDES. 4" METAL STUD FURRING WALL ON PANELS WITH 5/8" GYPSUM BOARD ON ONE SIDE. 4" FULL-HEIGHT METAL STUD STAIR WALL WITH 5/8" GYPSUM BOARD ON BOTH SIDES. 6" FULL-HEIGHT METAL STUD DEMISING WALL TO ROOF FRAMING WITH 5/8" GYPSUM BOARD ON BOTH SIDES. 1'-1 14" METAL STUD PLUMBING WALL WITH 5/8" GYPSUM BOARD ON BOTH SIDES FOR BACK-TO-BACK WALL HUNG TOILET CARRIER SYSTEM. SEE PLUMBING PLANS. SOFFIT: MORIN PRIMO PS-12 ZINC. SEE WALL SECTIONS. ROOF OR PANEL LINE ABOVE. SEE ROOF & ELEVATION PLANS. ROOF HATCH ACCESS LADDER. SEE ROOF PLAN. ROOF DRAIN AND OVERFLOW DRAIN PIPES. SEE ROOF PLAN. SKYLIGHT ABOVE. SEE ROOF PLAN. HOLLOW METAL DOOR WITH FRAME. SEE ELEVATIONS & DOOR SCHEDULE. 60"X60" MIN. LEVEL LANDING AT ALL EXTERIOR DOORS TO MEET TITLE 24 REQUIREMENTS. OVERHEAD ROLLUP DOORS. SEE ELEVATIONS & DOOR SCHEDULE. PROTECTIVE BOLLARDS AT OVERHEAD DOORS AS SHOWN. SEE DETAIL. TRUCK DOCK RAMP BUMPER. SEE BUILDING SECTION & DETAIL SHEET. TRUCK DOCK GUARD RAIL. SEE DETAIL. FLUSH DOOR WITH H.M. FRAME. SEE ENLARGED PLANS & DOOR SCHEDULE. FIRE SPRINKLER RISER. SEE FIRE PLANS. ELECTRICAL & PHONE ROOM. SEE ELECTRICAL PLANS. HIGH DENSITY INTERIOR, LOCKABLE, BIKE RACK. 2 CYCLE SAFE QUAD RACKS OR EQUAL FOR STORAGE OF 4 BIKES. WINDOW CANOPIES. ARCADIA SUN SHADE BRISE SOLEIL STANDARD SERIES BSS005 ALUMINUM. SEE ROOF PLAN, ELEVATIONS, & DETAILS. 1 0SCALE 1/16"=1'-0" 24' N 48' First Floor Plan 8' 11 A5.2 16 A5.2 2345678910111213141516171819202122 21 A1.2 23 18 A1.2 24 INTERIOR TRUCK DOCKS Signage Schedule NO SEE DOOR SIGNAGE DETAIL FOR COMPLETE INFORMATION 4 A6.1 SEE ENLARGED FLOOR PLANS FOR ADDITIONAL INFORMATION 1 A4.1 ROOM SIGN TYPE/TEXT AG C AG C ALL GENDER ALL GENDER ISA ISA F ISA C ELECTRICAL ROOM 107 106 102 104 ALL GENDER 103 101 OFFICE 100 OPEN OFFICE ALL GENDER BREAK ELECTRICAL/PHONE 110 D1 D2 D2 OFFICE 105 109 111 WAREHOUSE 108 JANITOR C JANITOR ISA ISA VESTIBULE Fire Extinguishers: ONE 4A60BC FIRE EXTINGUISHER REQUIRED AT EACH WAREHOUSE MAN DOOR (6-TOTAL). PROVIDE A TYPE "3A40BC" FIRE EXTINGUISHER IN THE ELECTRICAL ROOM. FE Insulation Notes AEF ACCESSIBLE ENTRANCE & EXIT CONNECTED TO ADA PATH OF TRAVEL. FIRE ACCESS DOORS WITH "NOT ACCESSIBLE" SIGN INSTALLED AT INTERIOR STRIKE SIDE OF DOOR TO COMPLY WITH CBC SECTION 11B-703. & "NOT AN ENTRANCE" AT EXTERIOR SIDE OF DOOR. MAXIMUM EXIT TRAVEL DISTANCE PER CBC SECTION 1017.2.2 FOR S-1 OCCUPANCY AREA ONE-STORY IN HEIGHT WHERE MINIMUM CEILING HEIGHT IS 24 FEET FROM THE FINISHED FLOOR TO THE CEILING OR ROOF AND THE BUILDING IS EQUIPPED WITH AN AUTOMATIC SPRINKLER SYSTEM PER SECTION 903.3.1.1 SHALL BE 400 FEET. Exit & Fire Access Legend & Notes Occupant Load 1. R-13 INSULATION IN ALL 1ST FLOOR OFFICES AND RESTROOM WALLS. 2. R-13 INSULATION IN ALL 1ST FLOOR INTERIOR FURRING @ EXTERIOR WALLS. 3. R-19 + R-2 INSULATION IN WAREHOUSE/OFFICE DEMISING WALL AND R-19 IN MEZZANINE FLOOR FRAMING. 4. R-30 INSULATION IN ROOF ABOVE MEZZANINE LEVEL AREA ONLY. K J I H F E D B A 17 43215 56.9 686.99 9 K J G F E D C B A 111 Warehouse ELECT./ PHONE VEST. OFFICE 15-19 A6.1 269'-0" MAXIMUM OVERALL DIAG0NAL EXIT4 AE B EXIT1 F B EXIT 1 AE A EXITA AE 2
EXIT AE 3 B 154'-0" EXIT DISTANCE
F 2 EXIT S-1 Occupancy Warehouse 30,585 SF / 500 = 62 OCC MAX DIAG 269'-0" CBC 1007.1.1: 269'-0" / 3 = 90'-0" 154'-0" EXIT DISTANCE > 90'-0" CBC 1017.2 EXIT DISTANCE CANNOT EXCEED 250' CBC TABLE 1006.3.2 (1-500 OCC) 2 EXITS REQUIRED 4 ACCESSIBLE EXITS PROVIDED B Occupancy Business 1ST FLR: 1,200 SF / 150 = 8 OCC BREAK: 150 SF/15 = 10 OCC MEZZ. FLR: 1,650 SF / 150 = 11 OCC CBC TABLE 1006.2.1 1 EXIT REQUIRED < 49 OCC MAX DIAG 63'-0" 63'-0" MAX. DIAG0NAL 29'-0" EXIT DISTANCE 12 1 2124109 1134586 16 2215 20 1918 16 12 1212 12 15 1514 14 117 17 1 A4.0 F E 3 D2 FE D2 D2 D2 D1 JAN. BREAK D3 200 OPEN OFFICE D1 2 FE FE FE 14'X16' OHD 26'X16' OHD 1 24 24 3 1 OFFICE AREA 2,850 S.F. (1/150 S.F.) 19 OCCUPANTS BREAK 150 S.F. (1/15 S.F.) 10 OCCUPANTS WAREHOUSE AREA 30,585 S.F. (1/500 S.F.) 62 OCCUPANTS TOTAL OCCUPANTS 91 OCCUPANTS EXITS REQUIRED PER STORY CBC TABLE 1006.3.2 (1-500 OCCUPANTS) 2 EXITS ACCESSIBLE MEANS OF EGRESS PROVIDED 4 EXITS TOTAL MEANS OF EGRESS PROVIDED 6 EXITS 423 13 UP

TWH AG C AG C ALL GENDER ALL GENDER ALL GENDER ALL GENDER 10 764
CARTER GROUP ARCHITECTS INC. CARTER GROUP ARCHITECTS INC. CARTER GROUP ARCHITECTS INC. d e v e l o p e r p r o j e c t s h e e t 12345 ARCHITECTS INC. CARTER GROUP E A CT RNI T ED ARC S O F ALI C CI S L TATE NE HI FO 9 4 9 4 9 8 3 5 3 5 2 2 2 W. A v e n i d a c a r t e r @ C A 9 2 6 7 2 S a n C l e m e n t e S a n A n t o n i o c a r t e r g r o u p . n e t T E L E M A I L CHASE PARTNERS LTD 6444 San Fernando Road #3944 Glendale, CA 91221 310 689 7600 FONTANA BUSINESS CENTER 3 Juniper Avenue Fontana, CA 92336 MCN23-000013 PAM22-000153 A2.2 Mezzanine Floor Plan 21 A6.1 18-19 A6.1 Floor Plan Notes REINFORCED CONCRETE TILT-UP WALL PANEL. SEE STRUCTURAL PLANS. ALUMINUM STOREFRONT WITH FRONTSET GLAZING SYSTEM WITH VISION AND/OR SPANDREL GLASS. SEE EXTERIOR ELEVATIONS. STEEL COLUMNS. SEE STRUCTURAL PLANS. 4" METAL STUD WALL WITH 5/8" GYPSUM BOARD ON BOTH SIDES. NOT SHOWN. NOT SHOWN. 6" FULL-HEIGHT METAL STUD DEMISING WALL TO ROOF FRAMING WITH 5/8" GYPSUM BOARD ON BOTH SIDES. NOT SHOWN. NOT SHOWN. ROOF OR PANEL LINE ABOVE. SEE ROOF & ELEVATION PLANS. ROOF HATCH ACCESS LADDER. SEE ROOF PLAN. ROOF DRAIN AND OVERFLOW DRAIN PIPES. SEE ROOF PLAN. SKYLIGHT ABOVE. SEE ROOF PLAN. NOT SHOWN. NOT SHOWN. NOT SHOWN. NOT SHOWN. NOT SHOWN. NOT SHOWN. NOT SHOWN. NOT SHOWN. NOT SHOWN. NOT SHOWN. WINDOW CANOPIES. ARCADIA SUN SHADE BRISE SOLEIL STANDARD SERIES BSS005 ALUMINUM. SEE ROOF PLAN, ELEVATIONS, & DETAILS. MECHANICAL VENTING LOUVER. SEE ELEVATIONS & MECHANICAL PLANS. 1 0SCALE 1/16"=1'-0" 24' N 48' Mezzanine Floor Plan 8' 234567891011121314151617181920212223 INTERIOR TRUCK DOCKS BELOW Insulation Notes 1. R-13 INSULATION IN ALL 1ST FLOOR OFFICES AND RESTROOM WALLS. 2. R-13 INSULATION IN ALL 1ST FLOOR INTERIOR FURRING @ EXTERIOR WALLS. 3. R-19 + R-2 INSULATION IN WAREHOUSE/OFFICE DEMISING WALL AND R-19 IN MEZZANINE FLOOR FRAMING. 4. R-30 INSULATION IN ROOF ABOVE MEZZANINE LEVEL AREA ONLY. K J I H F E D B A 17 43215 56.9 686.99 9 K J G F E D C B A WAREHOUSE BELOW ELECT./ PHONE BELOW OPEN OFFICE B Occupancy Business MEZZ. FLR: 1,650 SF / 150 = 11 OCC CBC TABLE 1006.3.2 1 EXIT REQUIRED < 29 OCC MAX DIAG 63'-0" 12 7 2410 1134 12 12 12 1 VEST. BELOW 1 A4.0 DN 63'-0" MAX. OVERALL DIAG0NAL 2 2 2 2425 12525 24 24 D1 12 3 3 131 11 765
CARTER GROUP ARCHITECTS INC. CARTER GROUP ARCHITECTS INC. CARTER GROUP ARCHITECTS INC. d e v e l o p e r p r o j e c t s h e e t 12345 ARCHITECTS INC. CARTER GROUP E A CT RNI T ED ARC S O F ALI C CI S L TATE NE HI FO 9 4 9 4 9 8 3 5 3 5 2 2 2 W. A v e n i d a c a r t e r @ C A 9 2 6 7 2 S a n C l e m e n t e S a n A n t o n i o c a r t e r g r o u p . n e t T E L E M A I L CHASE PARTNERS LTD 6444 San Fernando Road #3944 Glendale, CA 91221 310 689 7600 FONTANA BUSINESS CENTER 3 Juniper Avenue Fontana, CA 92336 MCN23-000013 PAM22-000153 A2.3 Roof Plan 0SCALE 1/16"=1'-0" 24' N 48' Roof Plan 8' INTERIOR TRUCK DOCKS BELOW K J I H F E D B A 17 43215 56.9 686.99 9 K J G F E D C B A WAREHOUSE BELOW FUTURE OFFICE BELOW 115 3 9 1 3 1 1 Fire Protection Notes 1. BUILDING DESIGNED FOR HIGH-PILED STORAGE BETWEEN 12 FT AND 40 FT. 2. EARLY SUPPRESSION-FAST RESPONSE MONITORED SPRINKLER SYSTEM. CLASS I-IV COMMODITIES IN ACCORDANCE WITH CFC CHAPTER 32 AND 2013 NFPA 13. 3. SMOKE AND HEAT VENTS ARE NOT REQUIRED WHEN STORAGE AREAS WITH AN EXIT ACCESS TRAVEL DISTANCE OF 250 FEET OR LESS OR PROTECTED BY EARLY SUPPRESSION FAST RESPONSE (ESFR) SPRINKLER SYSTEMS INSTALLED IN ACCORDANCE WITH 2013 NFPA 13 4. 29 X 4X8 SKYLIGHTS PROVIDED IN WAREHOUSE: 29 SKYLIGHTS X 32 SF (4X8=32) = 928 SF OF SKYLIGHT AREA. 5. 32,505 SF WAREHOUSE/DOCK AREA: 928 SF SKYLIGHT AREA FOR 2.85% OF WAREHOUSE AREA. Solar Ready Zone 1. TOTAL ROOF AREA = 33,395 SF. 2. TOTAL AREA COVERED BY SKYLIGHTS = 928 SF (26 SKYLIGHTS X 32 SF/SKYLIGHT). 3. MINIMUM SOLAR ZONE AREA = 4,870 SF (15% X TOTAL ROOF AREA MINUS AREA COVERED BY SKYLIGHTS (33,395 SF MINUS 928 SF = 32,467 DF)). 4. TOTAL SOLAR ZONE AREA PROVIDED = 4,992 SF (+122 SF). General Roof Notes 1. ALL ROOF MOUNTED EQUIPMENT TO BE SCREENED ON ALL SIDES BY EITHER A SEPARATE SCREEN OR PARAPET WALLS THAT ARE AT LEAST AS HIGH AS THE EQUIPMENT TO BE SCREENED AND ANY UNSCREENED VENTS OR FANS TO BE PAINTED TO MATCH ROOF. 1 Roof Plan Notes REINFORCED CONCRETE TILT-UP WALL PANEL. SEE STRUCTURAL PLANS JOHN'S MANVILLE 4GNC OR GAF NB4M BUILT-UP CLASS "A" MEMBRANE ROOFING SYSTEM. PROVIDE 10-YEAR NDL (NO DOLLAR LIMIT) ROOF MATERIAL WARRANTY ALONG WITH SUBCONTRACTOR 2-YEAR WARRANTY. STEEL COLUMN BELOW. SEE STRUCTURAL PLANS. ROOF FRAMING. SEE STRUCTURAL PLANS. DEMISING WALL BELOW. SEE FLOOR PLAN. HVAC UNIT LOCATION. SCREENED BY PARAPETS. SEE MECHANICAL PLANS. EXHAUST FANS. SEE MECHANICAL PLANS. ROOF HATCH: "LANE-AIRE" ROOF ACCESS HATCH. MODEL RHG-3036 WITH SAFETY GUARD RAIL SGR-3844. INTERIOR ROOF DRAIN AND OVERFLOW DRAIN. SEE PLUMBING DRAWINGS. SKYLIGHT: KINGSTON SERIES 1100 "KAT" POLYCARBONATE DOME MODEL 4896-ALX-CM-1-WPP-K-MF & SECURITY GRILL MODEL SG-1. SEE DETAIL. PARAPET CUTOUT AT PANEL JOINTS OR CENTER OF WALL. SEE ELEVATIONS & STRUCTURAL PLANS. PARAPET RETURN FLAG TO EXTEND/MATCH ADJACENT PANEL THICKNESS. SOLAR ZONE: FUTURE SOLAR (PV) PANELS AREA. SEE ELECTRICAL PLANS. SOLAR ZONE FIRE PATH/ACCESS PERIMETER (MIN. 6' WIDE FROM ROOF EDGE & 4' FROM ANY OBJECT OR EQUIPMENT). WINDOW CANOPIES: ARCADIA SUN SHADE BRISE SOLEIL STANDARD SERIES BSS005 ALUMINUM. SEE ELEVATIONS & DETAILS. 4 A5.2 8 A5.2 3 A5.2 2 A5.2 9 A5.2 234567891011121314 58 15 15 11 TYP. 11 TYP. 11 TYP. 1 11 TYP. 15 12 TYP. 12 TYP. 12 TYP. 12 TYP. 12 TYP. 12 TYP. 12 TYP. 15 RIDGELINE RIDGELINE RIDGELINE 6 29'-0" CLEAR HEIGHT 11 TYP. 11 TYP. 9 99 13 12 TYP. 1 13 13 9 12 766
13 767
14 768
15 769

DETAILS

AS SHOWN
C-4 Plotnik & Associates Civil Engineering & Land Surveying FONTANA BUSINESS CENTER 3 JUNIPER AVENUE FONTANA, CA 92337 8/29/23
JEK PC
600.00 220 S. Pacific Coast Hwy., Ste. 111 Redondo Beach, CA 90277 Tel: (310) 605-6657 www.plotnik.com 77016
TWH
S S S
N 89° 29' 24" E 294.00' N 00° 22' 51" W 238.82'
N 89° 30' 24" E 294.00' N 00° 22' 51" W 238.91'

ESTABLISHED BY
PRORATION, PER MB 11/12
SOUTH LINE, INST 2005-0414870,

OR, ESTABLISHED PER SAID DEED
WEST LINE, PMB 217/44,

ESTABLISHED PER MAP J U N I P E R A V E N U E (RIGHT-OF-WAY WIDTH VARIES) POLE

0.4' OUT
POLE

1.5' OUT
POLE

2.3' OUT
WALL

1.0' OUT
WALL

1.0' OUT
CURB

1.5' OUT FENCE 1.1' OUT CURB 3.4' OUT CURB 3.2' OUT FENCE 1.0' OUT APN: 0255-101-25
OWNER: UNITED STATES

POSTAL SERVICE
APN: 0255-101-29
OWNER: HOME DEPOT

USA INC
APN: 0255-101-33
OWNER: UNKNOWN N 00°22'51" W 238.91'
N 89° 29' 24" E 290.00'
N 89° 30' 24" E 290.00'
CALLIANDRA CALIFORNICA BAJA FAIRY DUSTER 5 GAL
ARBUTUS UNEDO 'OKTOBERFEST' DWARF STRAWBERRY TREE 5 GAL 15 GALLON
36" BOX
5 GAL

BRISBANE BOX

AUSTRALIAN WILLOW

VARIEGATED SMOOTH AGAVE

LOPHOSTEMON CONFERTUS

GEIJERA PARVIFLORA

AGAVE DESMETTIANA 'VARIEGATA'
LOW
LOW

MODERATE

MODERATE
LOW
NOTES: · ALL TREES WITHIN 5' OF HARDSCAPE TO RECEIVE 8' LONG ROOTBARRIER · ALL PLANTER AREAS TO RECEIVE A 3" MINIMUM DEPTH LAYER OF SHREDDED WOOD BARK MULCH UNLESS OTHERWISE NOTED · PLANT WATER USE VALUES ARE PER WUCOLS IV PLANT LIST
24" BOX
24" BOX

EASTERN REDBUD

HOLLY OAK

CERCIS CANADENSIS 'OKLAHOMA'

QUERCUS ILEX

MODERATE
LOW
RIBES AUREUM GOLDEN CURRANT 5 GAL LOW
DIANELLA REVOLUTA 'LITTLE REV' LITTLE REV FLAX LILY 1 GAL @ 24" O.C. LOW GREVILLEA LANIGERA 'COASTAL GEM' COASTAL GEM GREVILLEA 1 GAL @ 42" O.C. LOW BACCHARIS 'TWIN PEAKS' DWARF COYOTE BUSH 1 GAL @ 72" O.C. LOW AGAVE 'BLUE GLOW' BLUE GLOW AGAVE 1 GAL @ 36" O.C. LOW
RHAMNUS CALIFORNICA COFFEEBERRY 5 GAL LOW
MUHLENBERGIA CAPILLARIS PINK MUHLY 5 GAL LOW
3" MINIMUM DEPTH 3/4" CRUSHED ROCK. COLOR TO BE 'BARKWOOD' AFROCARPUS GRACILIOR FERN PINE 24" BOX MODERATE
ANIGOZANTHOS 'BUSH PEARL' DWARF PINK KANGAROO PAW 1 GAL @ 18" O.C. LOW MYOPORUM PARVIFOLIUM 'PINK' PINK MYOPORUM 1 GAL @ 60" O.C. LOW 6" MINIMUM DEPTH 3"-6"Ø COBBLE. COLOR TO BE 'ARIZONA RIVER ROCK'.

LANDSCAPE QUANTIES: AREAS:

JUNCUS PATENS CALIFORNIA GRAY RUSH 5 GAL LOW
CAREX PRAEGRACILIS CLUSTERED FIELD SEDGE 1 GAL @ 24" O.C. MOD.

CARTER GROUP ARCHITECTS INC. CARTER GROUP ARCHITECTS INC. CARTER GROUP ARCHITECTS INC. d e v e l o p e r
p r o j e c t
s h e e t
1 2
3 4
5 CHASE

PARTNERS
LTD
6444 San Fernando Road
#3944
Glendale, CA
91221
310 689 7600

FONTANA

BUSINESS
CENTER 3
Juniper Avenue
Fontana, CA 92336
PAM22-153

LANDSCAPE ARCHITECTURE
4649 Brockton Avenue
Riverside, CA 92506
(951) 369-0700 www.cwdg.fun
Signature
Renewal Date
Date
12/31/24
5/31/23
L1.1
Preliminary
Landscape
Plan
77117
PLANTING LEGEND:

CALLIANDRA CALIFORNICA BAJA FAIRY DUSTER 5 GAL
ARBUTUS UNEDO 'OKTOBERFEST' DWARF STRAWBERRY TREE 5 GAL 15 GALLON
36" BOX

SIZE / SPACING
5 GAL

BRISBANE BOX

AUSTRALIAN WILLOW

COMMON NAME

VARIEGATED SMOOTH AGAVE
TREES

SHRUBS / VINES

GROUNDCOVERS

LOPHOSTEMON CONFERTUS

GEIJERA PARVIFLORA

BOTANIC NAME

AGAVE DESMETTIANA 'VARIEGATA'
LOW
LOW

MODERATE

MODERATE
WUCOLS
LOW
NOTES:
· ALL TREES WITHIN 5' OF HARDSCAPE TO RECEIVE 8' LONG ROOTBARRIER · ALL PLANTER AREAS TO RECEIVE A 3" MINIMUM DEPTH LAYER OF SHREDDED WOOD BARK MULCH UNLESS OTHERWISE NOTED · PLANT WATER USE VALUES ARE PER WUCOLS IV PLANT LIST
24" BOX
24" BOX

EASTERN REDBUD

HOLLY OAK

CERCIS CANADENSIS 'OKLAHOMA'

QUERCUS ILEX

JUNCUS PATENS CALIFORNIA GRAY RUSH 5 GAL LOW
CAREX PRAEGRACILIS CLUSTERED FIELD SEDGE 1 GAL @ 24" O.C. MOD.

LANDSCAPE ARCHITECTURE
4649 Brockton Avenue
Riverside, CA 92506
(951) 369-0700 www.cwdg.fun

S COT T
J . R IC E NO . 5 1 1 1

S T A T E O F C A L I F O R N I A

L I CENSED L ANDSCAPE ARCH I TEC
T
Signature
Renewal Date
Date
12/31/24
9/31/23
NORTH
L1.1
Preliminary
Landscape
Plan
0 20' 40' 80'
AREAS:

TOTAL PROJECT AREA: 69,271 S.F.

TOTAL LANDSCAPE AREA: 10,518 S.F.

PERCENTAGE LANDSCAPE AREA: 15%
PARKING AREA: 14,090 S.F.

PARKING LANDSCAPE AREA: 3,125 S.F.

PERCENTAGE LANDSCAPE AREA: 22.2%

CHECKED BY
JOB NO.

DRAWN BY

PLOT DATE
SCALE
SHEET NO.

OF SHEETS
THESE DRAWINGS AND SPECIFICATIONS ARE THE PROPERTY OF CARTER GROUP ARCHITECTS INC. AND SHALL NOT BE USED ON ANY OTHER WORK EXCEPT BY WRITTEN AGREEMENT WITH CARTER GROUP ARCHITECTS INC. WRITTEN DIMENSIONS SHALL TAKE PREFERENCE OVER SCALED DIMENSIONS AND SHALL BE VERIFIED ON THE JOB SITE. ANY DISCREPANCY SHALL BE BROUGHT TO THE NOTICE OF CARTER GROUP ARCHITECTS INC. PRIOR TO THE FABRICATION OF ANY WORK. d e v e l o p e r
p r o j e c t
s h e e t

ISSUED FOR BID

PLAN CHECK
PERMIT
00/00/23
00/00/23
00/00/23
5/23/23
F3-22
1 2
3 4
5 REVISIONS
TYPE
DATE

REVISIONS
PLAN CHECK 2
0/00/23

REVISIONS

PLAN CHECK
0/00/23
CHASE

PARTNERS
LTD
6444 San Fernando Road
#3944
Glendale, CA
91221
310 689 7600

FONTANA

BUSINESS
CENTER 3
Juniper Avenue
Fontana, CA 92336
PAM22-153
URINAL K-PR20713-T2D
R/W
PL
PL
PL
AD
AU
CC
RR
RC
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RCRC RC
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AUAUAU
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RC RC RC RRRR RRRRRRRR RRRRRRRRRRRR

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J U N I P E R A V E N U E
PORTION LOT 761
MB 11/12
77218
FD 1" IRON PIPE, LS 5820,
FLUSH, PER PMB 257/78-81 S A N T A A N A A V E N U E N 89° 30' 24" E 1345.50' FD 2" BRASS DISK, CAL
TRANS, PER PMB 257/78-81 ESTABLISHED BY PRORATION PER MB 11/12

S I E R R A A V E N U E
N 00° 32' 12" W 2710.13'
2050.06' 660.07'
FD 1" IRON PIPE, LS 5749,
DN 0.2', PER PMB 257/78-81
FD 1" IRON PIPE, LS 5820,FLUSH, PER PMB 257/78-81 J U R U P A A V E N U E N 89° 09' 11" E 1352.92' DD U PP U D SS PP PP D DCB D E DI SSESTABLISHED BY PRORATION, PER MB 11/12 SOUTH LINE, INST 2005-0414870,

OR, ESTABLISHED PER SAID DEED
WEST LINE, PMB 217/44, ESTABLISHED PER MAP

J U N I P E R A V E N U E
(RIGHT-OF-WAY WIDTH VARIES) PARCEL 1 GROSS: 70,226 SF 1.612 ACRES NET: 69,044 SF 1.585 ACRES 20' A 30' B SS 24.02' 20.02'

5.00' 5.96' PROPOSED BUILDING 33,855 SF STREET DEDICATION 1,183 SF, 0.027 ACRES 1046'
1048'
1049' 1050' 1051' 1052' 1053' 1054'
1055'
1056'
1055' 1053' 1054'
1053'
1053' 1054' 1055'
1056'
1055'
1057'
1051'
1052'
1053' PROPOSED EASEMENT FOR SEWER AND STORM DRAIN MAINTENANCE 8" SS 30.00' 4.00'
N 00° 22' 51" W 2718.48'
421.55' 238.92' 2058.02' N 89° 29' 24" E 1347.30' N 89° 29' 24" E 294.00' N 00° 22' 51" W 238.82'
N 89° 30' 24" E 294.00'
N 00° 22' 51" W 238.91' 1023.30' 30.00' N 89° 30' 24" E 30.00' Plotnik &
Associates
Fax: (310) 605-6658
18626 S. Wilmington Ave., Suite 100
Rancho Dominguez, California 90220
Tel: (310) 605-6657
CIVIL ENGINEERING LAND SURVEYING www.plotnik.com

VACANT LAND, JUNIPER
AVENUEFONTANA, CALIFORNIA JK 1600.00PC 08/15/2022 1" = 20' RSM TENTATIVE PARCEL MAP NO. 20795 TENTATIVE PARCEL MAP NO. 20795
19 773
ATTACHMENT NO. 3
sdf

GENERAL PLAN

AMENDMENT

EXHIBIT
DATE: March 19, 2024
CASE: Master Case No. 23-013, General Plan
Amendment No. 23-001, Zoning Code (Map)
Amendment No. 23-002, Specific Plan Amendment
No. 23-001, Tentative Parcel Map No. 23-003,
Administrative Site Plan No. 23-006, Development
Agreement No. 23-001

EXISTING GENERAL PLAN DESIGNATION

RESIDENTIAL PLANNED COMMUNITY (R-PC)

PROPOSED GENERAL PLAN DESIGNATION

GENERAL INDUSTRIAL (I-G)

CITY OF FONTANA PLANNING

DEPARTMENT

PROJECT SITE

PROJECT SITE
R-PC
I-G
77420
ATTACHMENT NO. 4
sdf

ZONE CHANGE

EXISTING SWIP BOUNDARY

PROPOSED SWIP BOUNDARY AND DISTRICT DESIGNATION

SLOVER EAST INDUSTRIAL DISTRICT (SED) OF THE SOUTHWEST INDUSTRIAL PARK

SPECIFIC PLAN (SWIP)

CITY OF FONTANA PLANNING

DEPARTMENT

PROJECT SITE
SP
SWIP – Slover
East Industrial
District (SED)
SWIP –
Slover
East
Industrial
District
(SED)

PROJECT SITE
SWIP – Slover East
Industrial District (SED) SWIP –
Slover East
Industrial
District
(SED)
77521
ATTACHMENT NO. 5

Page 1 of 26 ends

RESOLUTION PC NO. 2024 - ____

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF FONTANA

RECOMMENDING THE CITY COUNCIL OF THE CITY OF FONTANA ADOPT THE

INITIAL STUDY/MITIGATED NEGATIVE DECLARATION, APPROVE A MITIGATION MONITORING AND REPORTING PROGRAM; ADOPT A
RESOLUTION APROVING GENERAL PLAN AMENDMENT NO. 23-001, ADOPT AN ORDINANCE APPROVING ZONING DISTRICT MAP AMENDMENT NO. 23-002, ADOPT AN ORDINANCE APPROVING SPECIFIC PLAN AMENDMENT NO. 23-001, ADOPT AN ORDINANCE APPROVING DEVELOPMENT AGREEMENT NO. 23- 001, ADOPT A RESOLUTION APPROVING TENTATIVE PARCEL MAP NO. 23-002 (TPM NO. 20795), AND ADOPT A RESOLUTION APPROVING ADMINISTRATIVE SITE PLAN NO. 23-006 FOR THE DEVELOPMENT OF A 33,585 SQUARE FOOT

INDUSTRIAL COMMERCE CENTER FACILITY BUILDING ON A SITE OF APPROXIMATELY 1.6 ACRES LOCATED AT APNS 0255-101-24 and 0255-101- 30, AND DIRECT STAFF TO FILE THE NOTICE OF DETERMINATION WHEREAS, on November 23, 1964 Assessor Parcel Numbers (“APNs”) 0255-101- 24 and 0255-101-30 were annexed from San Bernardino County into the City of Fontana; 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; and
WHEREAS, on April 10, 2023, the City of Fontana (“City”) received an application from Chase Partners (“Applicant”), for a General Plan Amendment No. 23-001, Zoning District Map Amendment No. 23-002, Specific Plan Amendment No. 23-001, Tentative Parcel Map No. 23-002 (TPM No. 20795), Administrative Site Plan No. 23-006, and Development Agreement No. 23-001 to amend the General Plan land use designation from Residential Planned Community (R-PC) to General Industrial (I-G), amend the zoning designation from Residential Planned Community to Specific Plan (SP), amend the Southwest Industrial Park (SWIP) Specific Plan to include the Subject Property, consolidate the two parcels at the Subject Property into one, and review the administrative site plan. for the development of an industrial commerce center building; totaling approximately 33,585 square feet on 1.6 acres at the Subject Property; 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 “above moderate” income category to meet the Regional House Needs Assessment (RHNA) numbers; and
WHEREAS, pursuant to the California Environmental Quality Act (“CEQA”) (Public Resources Code §21000 et seq.) and the State CEQA Guidelines (California Code of Regulations, Title 14, §15000 et seq.), a Mitigated Negative Declaration (“MND”) analyzing all potential impacts of the Project was prepared for the City’s consideration as lead agency under State CEQA Guidelines section 15063; and
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WHEREAS, the MND indicated that all potential environmental impacts from the project would be less than significant with the incorporation of the identified mitigation measures in the Mitigation Monitoring and Reporting Program (“MMRP”); and WHEREAS, the Draft MND was prepared in accordance with CEQA and circulated for public review and comment on February 23, 2024, providing for a public comment period from February 27, 2024 to March 18, 2024 by: (1) filing a Notice of Intent to Adopt a Mitigated Negative Declaration (“NOI”) with the State Clearinghouse; (2) filing a NOI with the San Bernardino County Clerk; (3) placing a NOI in the Fontana Herald, a newspaper of general circulation; (4) mailing a NOI to various interested persons, agencies and tribes; and (5) posting a NOI on the City’s website; and
WHEREAS, copies of the Draft MND were available during the public review period at City Hall and on the City’s website; and
WHEREAS, pursuant to Public Resources Code section 21081.6 and State CEQA Guidelines section 15074(d), the MMRP has been prepared and includes mitigation measures for biological resources and cultural resources; and WHEREAS, the Conditions of Approval have been prepared and are attached hereto as Exhibit “A” for Tentative Parcel Map No. 23-003 (TPM No. 20795) and Exhibit “B” for Administrative Site Plan No. 23-006; and
WHEREAS, on February 23, 2024, a notice of the public hearing was published in the Fontana Herald newspaper and simultaneously displayed at City Hall and at the Subject Property; and
WHEREAS, the owners of property within 660 feet of the Subject Property were notified via public hearing notice mailer prior to the public hearing; and WHEREAS, all of the notices required by statute and the Fontana Municipal Code (“FMC”) have been given as required; and
WHEREAS, on March 19, 2024, a duly noticed public hearing on General Plan Amendment No. 23-001, Zoning District Map Amendment No. 23-001, Specific Plan Amendment No. 23-001, Tentative Parcel Map No. 23-003 (TPM No. 20795), Administrative Site Plan No. 23-006 and Development Agreement No. 23-001 was held by the Fontana Planning Commission (“Planning Commission”) to consider testimony and evidence presented by the Applicant, City staff, and other interested parties; and WHEREAS, on March 19, 2024, the Planning Commission carefully considered all information, evidence and testimony presented at its public hearing on General Plan Amendment No. 23-001, Zoning District Map Amendment No. 23-002, Specific Plan Amendment No. 23-001, Tentative Parcel Map No. 23-003 (TPM No. 20795), Administrative Site Plan No. 23-006 and Development Agreement No. 23-001; and WHEREAS, the City wishes to protect and preserve the quality of life throughout the City through effective land use and planning; and
WHEREAS all other legal prerequisites to the adoption of this Resolution have occurred.
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NOW, THEREFORE, the Planning Commission RESOLVES as follows:

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

Section 2. CEQA. The Planning Commission has reviewed and considered the Initial Study, MND, and MMRP, any oral or written comments received, and the administrative record prior to making any decision on the proposed project. The Planning Commission recommends that the City Council find that the Initial Study/MND and MMRP contain a complete and accurate reporting of all the environmental impacts associated with the project.

The Planning Commission recommends that the City Council find that MND and MMRP has been completed in compliance with the Sate CEQA Guidelines and Section 6.21 of the City of Fontana’s 2019 Local Guidelines for Implementing CEQA. a. The Planning Commission has reviewed and considered the information contained in the Final MND and the administrative record, including all written and oral evidence presented to it, and recommends that the City Council find, based on its independent review and analysis: (i) that the Final MND was prepared in compliance with CEQA; and (ii) that, based on the imposition of mitigation measures, there is no substantial evidence in the administrative record supporting a fair argument that the Project may have a significant effect on the environment. The Planning Commission further recommends that the City Council find that the Final MND contains a complete, objective, and accurate reporting of the environmental impacts associated with the Project and reflects the independent judgment and analysis of the city. As well the Commission recommends that the City Council find that no new significant environmental impacts have been identified in the Final MND and any changes to the Final MND in response to comments or otherwise do not constitute substantial revisions requiring recirculation under State CEQA Guidelines section 15073.5. b. The Planning Commission has also reviewed and considered the MMRP for the Project that has been prepared pursuant to the requirements of Public Resources Code Section 21081.6 and recommends that the City Council find that such MMRP is designed to ensure compliance with the mitigation measures during project implementation. c. Adoption of MND. Pursuant to Public Resources Code section 21080, subdivision (c)(2), the Planning Commission recommends that the City Council adopt the Final IS/MND prepared for the project.
d. Approval of MMRP. Pursuant to Public Resources Code section 21081.6, the Planning Commission recommends that the City Council approve the MMRP, which was prepared for the project and, further, make it a condition of project approval and is attached hereto.
e. Notice of Determination. The Planning Commission recommends that the City Council directs staff to file a Notice of Determination with the San Bernardino County Clerk and the Office of Planning and Research within five (5) working days of approval of the Project.

Section 3. General Plan Amendment Findings. The Planning Commission hereby makes the following finding for General Plan Amendment No. 23-001 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 long-term growth of the City.

Finding of Fact: The applicant is proposing to change the General Plan Land Use Designation of the site from R-PC to I-G. This would allow for the construction of a 33,855 square foot industrial commerce center building. The site is adjacent to industrial development and will assist with the growing demand in the industrial sector. The I-G designation will be consistent with other nearby land uses along Juniper Avenue.

The I-G designation also supports general plan goals, including:

Labor leaders have emphasized that construction jobs support families.

Additionally, the operations of the industrial commerce building will require employees for day-to-day operations, which will in turn provide jobs for local communities in the long term.

Section 4. Zoning District Map Amendment Findings. The Planning Commission hereby makes the following finding for Zoning District Map Amendment No. 23-002 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.

Finding of Fact: The Applicant is proposing to change the zoning designation from R-PC to SP in order to include the Subject Property into the Slover East Industrial District (SED) of the SWIP. This would allow for the construction of a 33,585 square foot industrial commerce center building. The development will assist with the growing industrial commerce demand in the City of Fontana and the surrounding area. The zone change, and corresponding specific plan amendment will provide consistency with the existing development to the south and west of the Subject Property and will provide safe and attractive development.

Section 5. Specific Plan Amendment Findings. The City of Fontana Planning Commission hereby makes the following finding for Specific Plan Amendment No. 23-001 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 77925
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amendment is deemed necessary to protect or promote the public’s health, safety or general welfare or when modification is view as appropriate in the context of generally accepted planning principles, surrounding land uses, and the general plan.

Finding of Fact: The applicant is proposing to include the Subject Property in the SED of SWIP for the purpose of developing an approximately 33,585 square foot industrial commerce center building. The inclusion in the specific plan area will make the zoning consistent with properties to the south and east. The property north of the Subject Property is developed with a United States Postal Service post office and the property east of the site is developed with a “big box” retail building. The amendment to the SWIP Specific Plan is consistent with nearby land uses and will not be detrimental to any of the surrounding land uses.

Section 6. Tentative Parcel Map Findings. The Planning Commission hereby makes the following findings for Tentative Parcel Map No. 23-003 (TPM No. 20795) in accordance with Section No. 26-218(d) “Processing of application,” of the Fontana Subdivision Code:

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

Findings of Fact: Tentative Parcel Map No. 23-003 (TPM No. 20795) is consistent with the existing and proposed General Plan Land Use Designation for the Subject Property. The lot size with the consolidation meets the lot standards of existing zoning designation (R-PC) and the proposed specific plan designation (SWIP Specific Plan). The tentative parcel map is a request to consolidate two (2) existing parcels (APNs: 0255- 101-24 and 0255-101-30) into one parcel for the construction of an industrial commerce building totaling approximately 33,585 square feet, which is a land use permitted in the proposed specific plan designation.

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

Findings of Fact: The site design for Tentative Parcel Map No. 23-003 (TPM No. 20795) 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, and Chapter No. 26 of the City FMC. The lot size and street configuration also conform to the standards of the proposed land use designation (SED of the SWIP Specific Plan). 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 and SWIP requirements.

Improvements consist of curb, gutter and sidewalks on Juniper Avenue, drainage, and grading to provide a safe and well-designed project for the area.

Finding No. 3: The site is physically suitable for the type and density of 78026
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development proposed.

Findings of Fact: The Subject Property, which consists of approximately 1.6 adjusted gross acres, is adequate in size to accommodate the development of an industrial commerce center building that has approximately 3,000 square feet of office space and 30,585 square feet of warehouse area.

The existing topography is conducive for the project, and development of the site will not require setback variances. Therefore, the site is suitable for this type of development.

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. 20795 is not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. There will be no significant effect on the environment with mitigation as a result of project implementation. A Mitigated Negative Declaration has been prepared and made a part of the environmental documentation and Conditions of Approval for this project.

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. 23-003 (TPM No. 20795) will not cause public health problems. The development complies with the proposed general plan and specific plan land use requirements.

Improvements include connection to public sewer, sidewalks, drainage, and grading to provide a safe and well-designed project for the area.

Therefore, the project promotes 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. 23-003 (TPM No. 20795) and public improvements will not conflict with access easements acquired by the public. The site is accessed from Juniper Avenue, which is a publicly maintained street. Currently, there are no other public access easements through or within the Subject Property.

Section 7. Administrative Site Plan Findings. The Planning Commission of the City of Fontana hereby makes the following findings for Administrative Site Plan No. No. 23- 006 in accordance with Section No. 30-81 “Findings for approval” of the Fontana Zoning and Development Code:

Finding No. 1: The proposal is consistent with the general plan, Zoning and 78127
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Development Code, and any specific plan or area plan.

Findings of Fact: The project, as proposed, is a request for the Planning Commission to review and forward a recommendation of approval for the site and architectural design for the proposed 33,585 square foot industrial commerce center. The project will be an appropriate and desirable development for the area and will be consistent with development in the immediate vicinity. With the requested associated general plan amendment, zone change and specific plan amendment, the project will meet or exceed the criteria contained in the Zoning and Development Code.

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

Findings of Fact: The project consists of the development of an approximately 33,585 square foot industrial commerce building, including 3,000 square feet of office area on 1.6 acres. The building will be built pursuant to all applicable building, zoning and fire codes, in addition to the Conditions of Approval attached hereto as Exhibit B and referenced herein.

Architectural features such as glazing, metal canopies and a variety of colors will add structural and visual interest to the building. Additionally, variations to the building face and roof lines are architecturally pleasing and consistent with the industrial development in the surrounding area.

The project includes curb and gutter improvements to Juniper Avenue.

Therefore, the project promotes the public health, safety and welfare of the occupants and surrounding community.

Finding No. 2: The proposal, in its design and appearance, is aesthetically and architecturally pleasing resulting in a safe well-designed facility while enhancing the character of the surrounding neighborhood.

Finding of Fact: The project is aesthetically and architecturally pleasing and compatible with the surrounding area. The Subject Property is comprised of two combined parcels, approximately 1.6 adjusted gross acres, and is physically suitable in size and shape to support an industrial commerce center building. Applicable building, zoning, and fire codes will make for a safe, attractive, and well-designed project. The project will create visual interest with architectural features such as glazing, tower elements, and a variety of colors and materials with variations to the building face and roof lines. The character of the surrounding neighborhood reflects industrial uses and non-conforming residences.

The project is compatible with the surrounding uses and provides a development that is designed with features (architectural relief, landscaping, street improvements, and lighting) to enhance the character of the surrounding area.
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Finding No. 3: The site improvements are appropriate and will result in a safe,welldesigned facility.

Finding of Fact: The development has appropriate improvements, not only for the Subject Property but the surrounding area. Project features include sidewalks, drainage, grading, perimeter and privacy walls, and fencing to provide a safe and well-designed neighborhood. The project has been reviewed by the Planning, Engineering, Building and Safety Departments, as well as Fontana Fire Prevention for site circulation, access, and safety and it was determined the project exceeds the standards of the Zoning and Development Code and will provide a safe design for public access.

Section 8. Approval. Based on the foregoing, the Planning Commission recommends that the City Council adopts the following:

1. A resolution adopting the Initial Study/MND and MMRP and direct staff to file the Notice of Determination;

2. A resolution adopting General Plan Amendment No. 23-001 to amend Exhibit

15.8 in Chapter 15 (Land Use, Zoning, and Urban Design) of the General Plan by changing the land use designation from R-PC to I-G for the Subject Property;

3. An ordinance adopting Zoning District Map Amendment No. 23-002 to amend the Zoning District Map from R-PC to SP – SWIP Specific Plan for the Project Area;

4. An ordinance adopting Specific Plan Amendment No. 23-001 to amend the SWIP Specific Plan to include the Project Area and designate it as part of the SED;

5. A resolution adopting Tentative Parcel Map No. 23-003 (TPM No. 20795) to consolidate two (2) parcels (approximately 1.6 acres) into one (1) parcel, subject to the Conditions of Approval attached hereto as Exhibit “A” and incorporated herein;

6. A resolution adopting Administrative Site Plan No. 23-006 for site and architectural review of a new 33,585 square foot industrial commerce center building, subject to the Conditions of Approval attached hereto as Exhibit “B” and incorporated herein; and

7. An ordinance adopting Development Agreement No. 23-001, which includes the payment of a public benefit fee of $150,896.25.

Section 9. Resolution Regarding Custodian of Record. The documents and materials that constitute the record of proceedings on which this Resolution has been based are located at the Planning Department, 8353 Sierra Avenue, Fontana, CA 92335. This information is provided in compliance with Public Resources Code Section No. 21081.6. 78329
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Section 10. Certification. The Secretary of the Planning Commission shall certify to the adoption of this Resolution.

Section 11. Effective Date. This Resolution shall become effective immediately upon its adoption.

Section 12. Severability. If any provision of this Resolution or the application of any such provision to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application.

APPROVED AND ADOPTED by the Planning Commission of the City of Fontana, California, at a regular meeting held on this 19th day of March 2024.

City of Fontana
Cathline Fort, Chairperson
ATTEST:

I, Ricardo Quintana, Secretary of the Planning Commission of the City of Fontana, California, do hereby certify that the foregoing resolution was duly and regularly adopted by the Planning Commission at a regular meeting thereof, held on the 19th day of March 2024, by the following vote, to-wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Ricardo Quintana, Secretary
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EXHIBIT “A”

CITY OF FONTANA

CONDITIONS OF APPROVAL
PROJECT: Master Case No. 23-013 DATE: March 19, 2024
Tentative Parcel Map 23-003 (TPM No. 20795)
LOCATION: East side of Juniper Avenue, south of Santa Ana Avenue (APNs: 0255-101- 24 and -30)
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/developer/property owner 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 applicants proposed project or to any approvals of the Planning Commission and/or City Council concerning this project, including but not limited to actions challenging CEQA actions, permits, variances, plot plans, design plans, maps, licenses, and amendments. The City of Fontana shall promptly notify the applicant of any claim, action, or proceeding and the City of Fontana shall cooperate in the defense.

In the event of any such third-party action or proceeding the city shall have the right to retain legal counsel. The applicant shall be responsible for and reimburse the city for such legal fees and costs, in their entirety, including actual attorney 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 attorney’s fees, and other costs awarded against the city 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 78531
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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. 23-003 (TPM No. 20795) shall comply with all applicable development standards of, Chapter 26 (Subdivisions), Southwest Industrial Park Specific Plan, Chapter 30 (Zoning and Development), Fontana Municipal Code (FMC) and the Subdivision Map Act.

4. The applicant/developer shall underground all utilities pursuant to Section 27-50 through 27-54 of the City of Fontana Municipal Code, 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 Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) as approved by the City Council.

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. 23-003 (TPM No. 20795) 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.

8. All provisions of Development Agreement (AGR) No. 23-001 shall be adhered to.

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

10. The applicant shall post a publicly visible sign on the Subject Property 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.
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11. The applicant shall meet all requirements identified in the Industrial Commerce Sustainability Ordinance (Chapter 9, Article V of the Fontana Municipal Code).

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

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

13. 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 weekdays, 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 18-63(b)(7) of the Municipal Code.

B. 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.

C. 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.
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D. Have only necessary equipment onsite.

E. 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:

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

G. Temporarily enclose localized and stationary noise sources.

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

ENGINEERING DEPARTMENT

14. 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.

15. 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.

16. 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.

17. Slurry seal roads effected by the development as directed by the inspector. Slurry seal limits may extend past the project frontage to address existing striping/pavement markings that conflicts with new striping/pavement markings, repair trenches, and other areas as determined by the inspector.

18. The site plan shall identify interior traffic flow pattern.

19. The site plan shall indicate the location and method of operation of any vehicle restricting gates.

20. Intersection sight distance and stopping sight distance must be shown to meet the required standards both horizontally and vertically at all vehicular ingress/egress location including consideration for walls, landscaping, grading, and vegetation.

21. The location of bicycle parking shall be depicted on the site plan. Bicycle parking shall comply with the Association of Pedestrian and Bicycle Professionals.

22. Left-turn ingress and/or egress at all access locations shall be subject to approval of the City Engineer and may be restricted in the future due to traffic operational or safety concerns. Alternatives to such restrictions may be considered. 78834
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PRIOR TO ISSUANCE OF GRADING PERMIT

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

24. 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

25. 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

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

27. 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.

PRIOR TO ISSUANCE OF FINAL CERTIFICATE OF OCCUPANCY

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

29. 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.

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

31. 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).

32. 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 78935
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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.

33. 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.

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

BUILDING AND SAFETY DEPARTMENT

35. 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

36. 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.

37. 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.

38. The applicant shall verify that any temporary building, trailer, commercial coach, etc. installed and/or used in connection with a construction project complies with FMC Chapter
5 Article XIV.
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39. 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.

40. 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 runoff generated by a ten (10) year storm. Check for flooding of all on-site structures (buildings) and all adjacent properties during a hundred (100) year storm.

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

1. The relationship between the proposed finished on-site grade elevations and the existing adjacent property grade elevations 79137
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(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.

41. 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 PERMITS

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

43. 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.

END OF CONDITIONS
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EXHIBIT “B”

CITY OF FONTANA

CONDITIONS OF APPROVAL
PROJECT: Master Case No. 23-013 DATE: March 19, 2024
Administrative Site Plan No. 23-006
LOCATION: East side of Juniper Avenue, south of Santa Ana Avenue (APNs: 0255-101- 24 and -30)
PLANNING DEPARTMENT:

1. This Administrative Site Plan 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 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.

3. The applicant/developer/property owner 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 applicants 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.

Page 19 of 26 ends

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.

4. This project shall comply with all applicable provisions, regulations, and development standards of the Southwest Industrial Park Specific Plan and Chapter 30 (Zoning and Development.

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

6. The applicant/developer shall comply with the mitigation measures identified in the Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) as approved by the City Council.

7. 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.

8. All provisions of Development Agreement (AGR) No. 23-001 shall be adhered to.

9. The applicant/developer shall underground all utilities pursuant to Section 27-50 through 27-54 of the City of Fontana Municipal Code, 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.

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

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

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

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

B. 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.
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C. 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.

D. Have only necessary equipment onsite.

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

G. Temporarily enclose localized and stationary noise sources.

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

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. 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.

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

20. 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.

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

22. The transformer shall be screened by a solid screen wall and mature, dense landscaping, and not visible from the public right-of-way. 79642
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23. There shall be no refrigerated uses on site; unless, a future tenant follows any applicable studies/memorandums to amend this Condition of Approval.

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

ENGINEERING DEPARTMENT

25. 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.

26. 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.

27. 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.

28. Slurry seal roads effected by the development as directed by the inspector. Slurry seal limits may extend past the project frontage to address existing striping/pavement markings that conflicts with new striping/pavement markings, repair trenches, and other areas as determined by the inspector.

29. The site plan shall identify interior traffic flow pattern.

30. The site plan shall indicate the location and method of operation of any vehicle restricting gates.

31. Intersection sight distance and stopping sight distance must be shown to meet the required standards both horizontally and vertically at all vehicular ingress/egress location including consideration for walls, landscaping, grading, and vegetation.

32. The location of bicycle parking shall be depicted on the site plan. Bicycle parking shall comply with the Association of Pedestrian and Bicycle Professionals.

33. Left-turn ingress and/or egress at all access locations shall be subject to approval of the City Engineer and may be restricted in the future due to traffic operational or safety concerns. Alternatives to such restrictions may be considered.

PRIOR TO ISSUANCE OF GRADING PERMIT

34. The Applicant shall submit and gain approval of a complete Water Quality Management Plan report in accordance with the County of San Bernardino Technical Guidance Document and latest template.
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35. 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

36. 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

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

38. 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.

PRIOR TO ISSUANCE OF FINAL CERTIFICATE OF OCCUPANCY

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

40. 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.

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

42. 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).

43. 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.

44. 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 79844
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DVD or flash drive to inspection staff. Videos to be inspected and approved by City Inspector. If removal and replacement of any utility is required, a subsequent video of the repair will be required.

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

BUILDING AND SAFETY DEPARTMENT

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

47. 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.

48. 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.

49. 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.

50. 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.

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

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.

52. 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.
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PRIOR TO ISSUANCE OF BUILDING PERMITS

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

54. 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.

END OF CONDITIONS
80147
ATTACHMENT NO. 6
RECORDING REQUESTED BY:

Cecily Session-Goins
Order No:

WHEN RECORDED MAIL
DOCUMENT TO:

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

JUNIPER PROJECT

DEVELOPMENT AGREEMENT

BETWEEN

THE CITY OF FONTANA,
a California municipal corporation
and

CHASE JUNIPER LIMITED PARTNERSHIP
a California Limited Partnership
Dated as of __April 9, 2024__ for reference purposes
80248
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RECITALS
WHEREAS, City is authorized to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property, pursuant to Section 65864 et seq. of the Government Code; and
WHEREAS, Owner has requested that City enter into this Development Agreement with respect to that certain real property located on the east side of Juniper Avenue and south of Santa Ana Avenue in the City, consisting of 2 parcels identified as Assessor’s Parcel Numbers (APNs) 0255-101-24 & 0255-101-30, as more particularly described on Exhibit “A” and shown on Exhibit “B” to this Agreement (the “Property”), and proceedings have been taken in accordance with the rules and regulations of City; and
WHEREAS, by electing to enter into this Agreement, City shall bind the City, including current and future City Councils of City, by the obligations specified herein and limit the future exercise of certain governmental and proprietary powers of City; and WHEREAS, the terms and conditions of this Agreement have undergone extensive review by City and the City Council and have been found to be fair, just and reasonable; and WHEREAS, the best interests of the citizens of the City and the public health, safety and welfare will be served by entering into this Agreement; and WHEREAS, prior to the adoption of the Development Approvals described in this Agreement, the City Council has reviewed and considered the Mitigated Negative Declaration and made findings concerning the mitigation measures and adopted a Mitigation Monitoring and Reporting Program in accordance with CEQA and the State and City CEQA Guidelines; and WHEREAS, Owner has filed an application for, and the City Council has approved, General Plan Amendment (GPA) No. 23-001, Specific Plan Amendment (SPA) No. 23-001, Administrative Site Plan (ASP) No. 23-006 and Tentative Parcel Map (TPM) No.23-003; and WHEREAS, this Agreement and the Project are consistent with the City's Comprehensive General Plan and Specific Plan (as defined in Section 1 below), as amended; and WHEREAS, all actions taken and approvals given by City have been duly taken or approved in accordance with all applicable legal requirements for notice, public hearings, findings, votes, and other procedural matters; and
80349
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WHEREAS, development of the Property in accordance with this Agreement and Development Plan (as defined in Section 1 below) will provide substantial benefits to City and will further important policies and goals of City; and
WHEREAS, this Agreement will eliminate uncertainty in planning and provide for the orderly development of the Property, ensure the installation of necessary improvements, provide for public services appropriate to the development of the Project, and generally serve the purposes for which development agreements under Sections 65864 et seq. of the Government Code are intended; and
WHEREAS, Owner has incurred and will in the future incur substantial costs in excess of the generally applicable requirements in order to assure the vesting of its legal rights to develop the Property in accordance with this Agreement and Development Plan (defined below).

1. DEFINITIONS AND EXHIBITS

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

1.1.1 "Agreement" means this Development Agreement.

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

1.1.3 "Owner" means Chase Juniper Limited Partnership, a California limited partnership, and its successors in interest to all or any part of the Property.

1.1.6 "Development Approvals" means all permits and other entitlements subject to approval or issuance by City in connection with the Development of the Property as set forth in attached Exhibit C, including, but not limited to: general plan amendments; specific plans and 80450
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specific plan amendments; tentative and final subdivision and parcel maps; design review; conditional use permits; zoning; and grading and building permits.

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

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

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

1.1.13 "Land Use Regulations" means all ordinances, resolutions, codes, rules, regulations and official policies of City governing the development and use of land, including, without limitation, the permitted use of land, the density or intensity of use, subdivision requirements, the maximum height and size of proposed buildings, the provisions for reservation or dedication of land for public purposes, and the design, improvement and construction standards and specifications applicable to the Development of the Property. "Land Use Regulations" do not include any City ordinance, resolution, code, rule, regulation, or official policy governing: the conduct of businesses, professions, and occupations; taxes and assessments; the control and 80551
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abatement of nuisances; the granting of encroachment permits and the conveyance of rights and interests which provide for the use of or the entry upon public property; or the exercise of the power of eminent domain.

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

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

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

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

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

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

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

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

2. GENERAL PROVISIONS

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

2.4 Sale or Assignment.

Owner shall provide written notification to City concurrently with the completion of such a transfer.
80753
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2.4.4 shall cause, or otherwise affect, a release of Owner from its duties and obligations under this Agreement.

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 has been issued for a building on the lot, and the fees set forth under Section 4 of this Agreement have been paid. 80854
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2.6 Termination. This Agreement shall terminate and be of no further effect upon the occurrence of any of the following events:

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

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

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

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

2.7 Notices.

2.7.2 All notices shall be in writing and shall be considered given either: (i) when delivered in person to the recipient named below; (ii) on the date of delivery shown on the return receipt after deposit in the United States mail in a sealed envelope as either registered or certified 80955
-8-
mail with return receipt requested, postage and postal charges prepaid, and addressed to the recipient named below; or (iii) by overnight courier, on the first (1st) business day after being delivered to a recognized overnight courier. All notices shall be addressed as follows:

If to City:

City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Attn: City Manager
Telephone: (909) 350-7600
If to Owner:

Chase Juniper Limited Partnership
c/o Chase Partners, Ltd.,
6444 San Fernando Road #3944
Glendale, CA 91221
Attn: Michael Carter
Telephone: (310) 689-7600
with a copy to:

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

3. DEVELOPMENT OF THE PROPERTY

3.2 Effect of Agreement on Land Use Regulations. Except as otherwise provided under the terms of this Agreement, including the Reservations of Authority, the rules, regulations, and official policies governing permitted uses of the Property, the density and intensity of use of the Property, the maximum height and size of proposed buildings, and the design, improvement and construction standards and specifications applicable to the Development of the Property shall be the Existing Land Use Regulations. In connection with any Subsequent Development Approval, City shall exercise its reasonable discretion in accordance with the Development Plan and as provided by this Agreement, including, but not limited to, the Reservations of Authority.

City shall accept for processing, review, and action all applications for Subsequent Development 81056
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Approvals and such applications shall be processed in the normal manner for processing such matters.

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

3.5 Changes and Amendments.

3.5.2 Unless otherwise required by law, as determined in City's reasonable discretion, a change to the Existing Development Approvals shall be deemed "minor" and not require an amendment to this Agreement; but instead will require only the approval of City's Director of Planning; provided the change does not:
(a) Alter the permitted uses of the Property as a whole; or, 81157
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(b) Increase the density or intensity of use of the Property as a whole; or,
(c) Increase the maximum height and size of permitted buildings; or, (d) Delete a requirement for the reservation or dedication of land for public purposes; or,
(e) Constitute a project requiring a subsequent or supplemental environmental impact report pursuant to Section 21166 of the Public Resources Code.
(f) Alter the findings of the applicable environmental document. (g) The provisions of this Agreement require a close degree of cooperation between the City and the Owner. It is anticipated due to the term of this Agreement that refinements to the Development Approvals may be appropriate with respect to the details of performance of the City and the Owner. To the extent allowable by law, the Owner shall retain a certain degree of flexibility as provided herein with respect to all matters, items and provisions covered in general under this Agreement and exhibits thereto. When and if the Owner finds it necessary or appropriate to make changes, adjustments or clarifications, the Parties shall effectuate such changes, adjustments or clarifications through operating memoranda (“Operating Memoranda”) approved by the Parties in writing, which reference this Section of the Agreement.

3.6 Reservations of Authority.

3.6.1 Limitations, Reservations and Exceptions. Notwithstanding any other provision of this Agreement, the following Subsequent Land Use Regulations and fees and expenses shall apply to the Development of the Property (collectively, the "Reservations of Authority"):
81258
-11-
(a) Processing fees and charges of every kind and nature imposed by City to cover the estimated actual costs to City of processing applications for Development Approvals or for monitoring compliance with any Development Approvals granted or issued. (b) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals, and any other matter of procedure.
(c) Regulations governing construction standards and specifications, including, without limitation, the City's Building Code, Plumbing Code, Mechanical Code, Electrical Code, and Fire Code.
(d) Regulations imposing Development Exactions; In years one (1) through five (5) during Term of this Agreement, no such subsequently adopted Development Exaction shall be applicable to development of the Property unless such Development Exaction is applied uniformly to development, either throughout the City or within a defined area of benefit which includes the Property. No such subsequently adopted Development Exaction within the aforementioned timeframe shall apply if its application to the Property would physically prevent development of the Property for the uses and to the density or intensity of development set forth in the Development Plan. In the event any such subsequently adopted Development Exaction fulfills the same purposes, in whole or in part, as the fees set forth in Section 4 of this Agreement, City shall allow a credit against such subsequently adopted Development Exaction for the fees paid under Section 4 of this Agreement to the extent such fees fulfill the same purposes. (e) Regulations that may be in conflict with the Development Plan but that are reasonably necessary to eliminate or mitigate a serious threat to public health and safety.

To the extent possible, any such regulations shall be applied and construed so as to provide Owner with the rights and assurances provided under this Agreement. (f) Regulations that are not in conflict with the Development Plan. Any regulation, whether adopted by initiative or otherwise, limiting the rate or timing of development of the Property, or which shall increase the cost of development of the Project, shall be deemed to conflict with the Development Plan and shall therefore not be applicable to the development of the property during years one (1) through five (5) of the Term of this Agreement.

3.6.2 Subsequent Development Approvals. This Agreement shall not prevent City, in acting on Subsequent Development Approvals, from applying Subsequent Land Use Regulations that do not conflict with the Development Plan subject to 3.6.1(f), nor shall this Agreement prevent City from denying or conditionally approving any Subsequent Development Approval on the basis of the Existing Land Use Regulations or on the basis of any Subsequent Land Use Regulation which does not conflict with the Development Plan. Upon approval of any Subsequent Development Approval, such Subsequent Development Approval shall be deemed vested pursuant to the provisions of this Agreement, without any further action by City or Owner being required.

3.6.3 Modification or Suspension by State or Federal Law. In the event that State or Federal laws or regulations enacted after the Effective Date of this Agreement prevent or 81359
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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.

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 81460
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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.

4. PUBLIC BENEFITS

4.2 Development Impact Fees.

4.2.1 Amount and Components of Fee. The amount of the public facilities and services mitigation fees may be periodically adjusted by the City.

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

4.3 Public Benefit Fee.

4.3.2 The City has sole discretion to determine the uses for the Public Benefit Fee. The City has not designated a specific project or purpose for the Public Benefit Fee. Owner acknowledges by its approval and execution of this Agreement that it is voluntarily agreeing to pay the Public Benefit Fee, that its obligation to pay the Public Benefit Fee is an essential term of this Agreement, and that Owner expressly waives any constitutional, statutory, or common law right it might have in the absence of this Agreement to protest or challenge the payment of the 81561
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Public Benefit Fee on any ground whatsoever, including without limitation pursuant to the Fifth and Fourteenth Amendments to the United States Constitution, California Constitution Article I Section 19, the Mitigation Fee Act (California Government Code Section 66000 et seq.), or otherwise.

5. FINANCING OF PUBLIC IMPROVEMENTS.

6. REVIEW FOR COMPLIANCE

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

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

7. PROCEEDINGS FOR MODIFICATION OR TERMINATION.

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

6.2, City determines to proceed with modification or termination of this Agreement, City shall give written notice to Owner of its intention so to do. The notice shall be given at least ten calendar days prior to the scheduled hearing and shall contain:

7.1.1 The time and place of the hearing;

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

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

7.3 Certificate of Agreement Compliance. If, at the conclusion of a Periodic or Special Review, Owner is found to be in compliance with this Agreement, City shall, upon request by Owner, issue a Certificate of Agreement Compliance (“Certificate”) to Owner stating that after the most recent Periodic or Special Review and based upon the information known or made known to the Planning Director and City Council that (1) this Agreement remains in effect and (2) Owner is not in default. The Certificate shall be in recordable form, shall contain information necessary to communicate constructive record notice of the finding of compliance, shall state whether the Certificate is issued after a Periodic or Special Review and shall state the anticipated date of commencement of the next Periodic Review. Owner may record the Certificate with the County Recorder.
81763
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Whether or not the Certificate is relied upon by assignees or other transferees or Owner, City shall not be bound by a Certificate if a default existed at the time of the Periodic or Special Review, but was concealed from or otherwise not known to the Planning Director or City Council.

8. DEFAULT AND REMEDIES

8.2 Specific Performance.

8.3 Release. Except for non-damage remedies, including the remedy of specific performance as provided in Section 8.2, Owner, for itself, its successors and assignees, releases City, its officials, officers, agents and employees from any and all claims, demands, actions, or suits of any kind or nature arising out of any liability, known or unknown, present or future, including, but not limited to, any claim or liability based upon Article I, Section 19 of the 81864
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California Constitution, the Fifth Amendment of the United States Constitution, or any other law or ordinance that seeks to impose any other liability or damage, whatsoever upon City because it entered into this Agreement or because of the terms of this Agreement.

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

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

9. THIRD PARTY LITIGATION

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

9.2 Third-Party Litigation Concerning Agreement. Owner shall defend, at its expense, including attorneys’ fees, indemnify, and hold harmless City, its agents, officers and employees from any claim, action or proceeding against City, its agents, officers, or employees to 81965
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attack, set aside, void, or annul the approval of this Agreement or the approval of any permit granted pursuant to this Agreement. City shall promptly notify Owner of any such claim, action or proceeding, and City shall cooperate in the defense. If City fails to promptly notify Owner of any such claim, action or proceeding, or if City fails to cooperate in the defense, Owner shall not thereafter be responsible to defend, indemnify, or hold harmless City. City may in its discretion participate in the defense of any such claim, action or proceeding. Anything in this Agreement to the contrary notwithstanding, the Term set forth in Section 4.3 of this Agreement and the expiration date of all Development Approvals will automatically be extended by the longer of (i) the number of days in the period commencing on the date of filing any legal action of the type described in this Section and ending on the date that the claim, action or proceeding is either settled or fully and finally resolved in City’s and Owner’s favor, as evidenced by the expiration of all appeal periods with no further appeal being filed or the issuance of a full, final and non-appealable judgment or decisions; or (ii) the number of days in the period commencing on the date that a referendum conceding the Development Approvals is timely qualified for the ballot and the date that a referendum is certified resulting in upholding and approving the Development Approvals.

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

9.4 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 twenty thousand dollars ($20,000). 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.

10. MORTGAGEE PROTECTIONS
The parties hereto agree that this Agreement shall not prevent or limit Owner, in any manner, at Owner's sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Property. City acknowledges that the lenders providing such financing may require certain Agreement interpretations and modifications and agrees upon request, from time to time, to meet with Owner and representatives of such lenders to negotiate in good faith any such request for interpretation or modification. City will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement. Any Mortgagee of the Property shall be entitled to the following rights and privileges:
(a) Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish, or impair the lien of any mortgage on the Property made in good faith and for value, unless otherwise required by law. (b) The Mortgagee of any mortgage or deed of trust encumbering the Property, or any part thereof, which Mortgagee, has submitted a request in writing to the City in the manner specified herein for giving notices, shall be entitled to receive written notification from City of any default by Owner in the performance of Owner's obligations under this Agreement. (c) If City timely receives a request from a Mortgagee requesting a copy of any notice of default given to Owner under the terms of this Agreement, City shall provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to Owner.

The Mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed Owner under this Agreement.
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(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.

11. MISCELLANEOUS PROVISIONS

11.4 Interpretation and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California.

This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement, all parties having been represented by counsel in the negotiation and preparation hereof.

11.5 Section Headings. All Section headings and subheadings are inserted for convenience only and shall not affect the construction or interpretation of this Agreement. 82268
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11.6 Singular and Plural. As used herein, the singular of any word includes the plural.

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

11.13 Successors in Interest. Except as specifically set forth in this Agreement, the burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from doing some act hereunder with regard to the Development of the Property: (a) is for the benefit of and is a burden upon every portion of the Property; (b) runs with the Property and each portion thereof; and, (c) is binding upon each party and each successor in interest during ownership of the Property or any portion thereof. 82369
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Upon the request of either party at any time, the other party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement.

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

11.20 Authority to Execute. The person or persons executing this Agreement on behalf of Owner warrants and represents that he or she/they have the authority to execute this Agreement 82470
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on behalf of his or her/their corporation, partnership, or business entity and warrants and represents that he or she/they has/have the authority to bind Owner to the performance of its obligations hereunder.
[Signatures on following pages]
82571
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SIGNATURE PAGE TO

DEVELOPMENT AGREEMENT BETWEEN

THE CITY OF FONTANA

AND POPLAR SOUTH DC, LLC
City

CITY OF FONTANA,
a California municipal corporation
By:

Acquanetta Warren, Mayor
By:

Matthew Ballantyne, City Manager

CHASE JUNIPER LIMITED PARTNERSHIP,
a California limited partnership
By: Chase Partners, Ltd.,
a Nevada Corporation, its general partner
By:

Name: David A. Parker
Title: President
ATTEST:

By:

Germaine Key, City Clerk
APPROVED AS TO LEGAL FORM:

BEST BEST & KRIEGER LLP
Ruben Duran, City Attorney
82672
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I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
82773
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I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
82874
Exhibit A
- 1 -

EXHIBIT A

TRACT 1: (0255-101-24 & 30)
FARM LOT 761, ACCORDING TO MAP SHOWING SUBDIVISION OF LANDS

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

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

EXCEPTING THEREFROM, THAT PORTION OF LOT 761 DESCRIBED IN DEED RECORDED JUNE 10, 2005, AS INSTRUMENT NO. 2005-0414870, OF OFFICIAL RECORDS.

ALSO EXCEPTING THEREFROM, THOSE PORTIONS LYING WITHIN PARCEL MAP NO. 17652, RECORDED IN BOOK 217, PAGE 44, OF PARCEL MAPS.

APN: 0255-101-24-0-000, APN: 0255-101-30-0-000
82975
Exhibit B
- 1 -

EXHIBIT B

TO DEVELOPMENT AGREEMENT BETWEEN
THE City OF FONTANA AND CHASE JUNIPER, LP
Map Showing Property and its location:
83076
Exhibit C
-1-

EXHIBIT C

TO DEVELOPMENT AGREEMENT BETWEEN

THE CITY OF FONTANA AND CHASE JUNIPER, LP
Development Approvals
GENERAL PLAN DESIGNATION – GENERAL INDUSTRIAL (I-G)

ZONING & SPECIFIC PLAN - SOUTHWEST INDUSTRIAL PARK SPECIFIC PLAN (SWIP) & SLOVER EAST INDUSTRIAL DISTRICT

PROJECT SITE
I-G
SWIP – Slover
East Industrial
District (SED)
SWIP –
Slover
East
Industrial
District
(SED)

PROJECT SITE
83177
Exhibit C
-2-

TENTATIVE PARCEL MAP

SITE PLAN
83278
Exhibit C
-3-

ELEVATIONS
83379
ATTACHMENT NO. 7

NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE

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

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

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

MASTER CASE NO. 23-013, GENERAL PLAN AMENDMENT NO. 23-001, ZONING DISTRICT MAP AMENDMENT NO. 23-002, SPECIFIC PLAN AMENDMENT N O . 2 3 - 001, TENTATIVE PARCEL MAP NO. 20795 (TPM No. 23-003), ADMINISTRATIVE SITE PLAN NO. 23-001, AND DEVELOPMENT AGREEMENT NO. 23-001
The applicant, is requesting approval of a General Plan Amendment to amend the land use designation from Residential Planned Community (R-PC) to Light Industrial (I-L), a Zoning District map amendment to amend the zoning designation from Residential Planned Community (R-PC) to Specific Plan (SP), a Specific Plan Amendment to include the project site in the Southwest Industrial Park Specific Plan (SWIP), a Tentative Parcel Map for the consolidation of two (2) parcels into one (1) parcel, and an Administrative Site Plan for the site and architectural review to construct a 33,855 square foot industrial commercial center building. The project will include site improvements of parking, landscaping, and other associated on-site and off-site improvements on 1.59-acre project site. The applicant has also prepared a development agreement.
83480
Should you have any questions concerning this project, please contact Cecily SessionGoins, Associate Planner, at (909) 350-6723 or email him at [email protected].

The period for comments regarding the mitigated negative declaration for this project is from February 27, 2024, to March 18, 2024. The initial study and proposed mitigated negative declaration are available for review at City Hall (8353 Sierra Avenue Fontana, CA 92335) and online at https://www.fontanaca.gov/2137/Environmental-Documents. Please submit your comments via email to Cecily Session-Goins, Associate Planner, at [email protected].

The project site is not listed as a hazardous waste site described in any lists as enumerated under Section 65962.5 of the Government Code.

ANY INTERESTED PARTY MAY APPEAR AND PRESENT ANY INFORMATION WHICH MAY BE OF ASSISTANCE TO THE PLANNING COMMISSION. A COPY OF THE APPLICATION

AND ENVIRONMENTAL DOCUMENTATION IS AVAILABLE FOR INSPECTION IN THE PLANNING DEPARTMENT, CITY HALL.

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

ITEM, YOU MAY BE LIMITED TO RAISING ONLY THOSE ISSUES YOU OR SOMEONE ELSE

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

Publish: February 23, 2024
Environmental
Determination:

A Mitigated Negative Declaration
(MND) has been prepared
pursuant to Section 15070 of the
California Environmental Quality
Act and per Section 6.04 of the
2019 Local Guidelines for
Implementing the California
Environmental Quality Act.

Location: The project site is located on the
east side of Juniper Avenue,
south of Santa Ana Avenue
(APNs: 0255-101-24 and -30)
Date of Hearing: March 19, 2024
Place of
Hearing:

City Hall Council Chambers
8353 Sierra Avenue
Fontana, CA 92335
Time of Hearing: 6:00 PM
Santa Ana Ave.

Juniper Ave.

Project Site
83581
ATTACHMENT NO. 12

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

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

MASTER CASE NO. 23-013, GENERAL PLAN AMENDMENT NO. 23-001, ZONING DISTRICT MAP AMENDMENT NO. 23-002, SPECIFIC PLAN AMENDMENT N O . 2 3 - 001, TENTATIVE PARCEL MAP NO. 20795 (TPM No. 23-003), ADMINISTRATIVE SITE PLAN NO. 23-001, AND DEVELOPMENT AGREEMENT NO. 23-001
The applicant, is requesting approval of a General Plan Amendment to amend the land use designation from Residential Planned Community (R-PC) to Light Industrial (I-L), a Zoning District map amendment to amend the zoning designation from Residential Planned Community (R-PC) to the Southwest Industrial Park Specific Plan (SWIP), a Specific Plan Amendment to include the project site in the Southwest Industrial Park Specific Plan (SWIP), a Tentative Parcel Map for the consolidation of two (2) parcels into one (1) parcel, and an Administrative Site Plan for the site and architectural review to construct a 33,855 square foot industrial commerce center building.

The project will include site improvements of parking, landscaping, and other associated on-site and off-site improvements on 1.6-acre project site. The applicant has also prepared a development agreement.

Environmental
Determination:

Pursuant to Section 15070 of the California Environmental Quality Act (CEQA) and pursuant to Section 6.04 of the 2019 Local Guidelines for Implementing CEQA, an Initial Study (IS), Mitigated Negative Declaration (MND), and Mitigation Monitoring and Reporting Program have been prepared for this project. Based on the information in the Initial Study, no significant impact is anticipated as a result of project implementation, with mitigation incorporated, and a Mitigated Negative Declaration has been prepared for the City Council’s consideration.
836
The IS/MND is available at the Planning Department counter, and on the City of Fontana’s website: https://www.fontanaca.gov/2137/Environmental-Documents. Should you have any questions concerning this project, please contact Cecily Session-Goins, at (909) 350-6723. Email: [email protected]

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

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

ITEM, YOU MAY BE LIMITED TO RAISING ONLY THOSE ISSUES YOU OR SOMEONE ELSE

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

Publish: March 29, 2024
Location: The project site is located on the
east side of Juniper Avenue,
south of Santa Ana Avenue
(APNs: 0255-101-24 and -30)
Date of Hearing: April 9, 2024
Place of
Hearing:

City Hall Council Chambers
8353 Sierra Avenue
Fontana, CA 92335
Time of Hearing: 2:00 PM
Santa Ana Ave.

Juniper Ave.

Project Site
837
ATTACHMENT NO. 13

Page 1 of 33 ends

RESOLUTION PC NO. 2024-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA

ADOPTING A MITIGATED NEGATIVE DECLARATION AND

APPROVING A MITIGATION MONITORING AND REPORTING

PROGRAM PURSUANT TO THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT, AND APPROVING GENERAL PLAN AMENDMENT
NO. 22-009 (PART NO. 3 OF GENERAL PLAN AMENDMENT CYCLE
MO. 1 OF 2024), AMENDING EXHIBIT 15.8 OF GENERAL PLAN
CHAPTER 15 (LAND USE, ZONING, AND URBAN DESIGN) TO

CHANGE THE LAND USE DESIGNATION FROM COMMUNITY
COMMERCIAL (C-C) TO LIGHT INDUSTRIAL (I-L) FOR APN: 0251- 151-10 TOTALING APPROXIMATELY 0.9 ACRES OF LAND

LOCATED ON THE NORTH SIDE OF SLOVER AVENUE AND SOUTH

SIDE OF BOYLE AVENUE, AND EAST OF CITRUS AVENUE,
TENTATIVE PARCEL MAP NO. 22-029 (TPM NO. 20834) TO
CONSOLIDATE TWENTY-ONE (21) PARCELS INTO ONE (1)
PARCEL AND DESIGN REVIEW NO. 22-054 FOR THE
DEVELOPMENT OF A 355,995 SQUARE FOOT INDUSTRIAL
COMMERCE CENTER BUILDING ON APNs 0251-151-03 THROUGH
-07, -09 AND -10, -14 THROUGH -16, -18 THROUGH -22, AND -39 THROUGH -44 TOTALING APPROXIMATELY 15.84 ACRES

LOCATED NORTH OF SLOVER AVENUE, SOUTH OF BOYLE

AVENUE, EAST OF CITRUS AVENUE AND WEST OF OLEANDER

AVENUE, AND DIRECTING STAFF TO FILE A NOTICE OF

DETERMINATION
WHEREAS, Assessor Parcel Numbers (“APNs”) 0251-151-03 through -07, -09 and -10, -14 through -16, -18 through -22, and -39 through -44 (“Project Site”) were annexed from San Bernardino County and incorporated into the City of Fontana on January 25, 1974, and September 19, 2006; and
WHEREAS, the most recent edition of the City of Fontana General Plan (“General Plan”) was adopted by the Fontana City Council (“City Council”) on November 13, 2018; and
WHEREAS, on August 29, 2022, the City of Fontana (“City”) received an application from MIG, Inc. (“Applicant”) for a General Plan Amendment (“GPA No. 22-009") for APN 0251-151-10 to amend the General Plan land use designation as illustrated on Exhibit 15.8 of the General Plan from Community Commercial (C-C) to Light Industrial (I-L), for APN 0251-151-10 within the Project Site, Zoning District Map Amendment (“ZCA No. 22-009") to amend the zoning designation for APN 0251-151-10 from Community Commercial (C-1) to Light Industrial (M-1) , Development Agreement (AGR No. 23-096) to include the payment of a public benefit fee, Tentative Parcel Map (Tentative Parcel Map No. 22-029 (TPM No. 20834)) to consolidate twenty-one (21) parcels into one parcel, and Design Review (DRP No. 22-054) for the development of 838
Resolution PC No. 2024-____

Page 2 of 33 ends

Fontana City CouncilApril 9, 2024

Fontana City Council
April 9, 2024