Agenda packet — Fontana City Council, April 9, 2024 (part 6 of 7)

a 355,995 square foot industrial commerce building with associated improvements at the Project Site (together referred to as Master Case Number 22-115 (“MCN 22-115”); and
WHEREAS, General Plan Amendment GPA No. 22-009 is considered a “Project” as defined by the California Environmental Quality Act (“CEQA”); and WHEREAS, pursuant to CEQA, the City prepared an Initial Study/Mitigated Negative Declaration (“IS/MND”) and Mitigation Monitoring and Reporting Program (“MMRP”), which concluded that, with mitigation, no significant impacts would result from the project. The IS/MND was published for public comment from February 27, 2024 and concluded that, with mitigation, no significant impacts would result from the project. Therefore, the Mitigated Negative Declaration has been recommended for adoption; and
WHEREAS, GPA No. 22-009, ZCA No. 22-009, AGR No. 23-096, Tentative Parcel Map No. 22-029 (TPM No. 20834), DRP No. 22-054, and AGR No. 23-096 are supported by the goals and policies of the General Plan; and WHEREAS, the Conditions of Approval are attached hereto as Exhibit “B” for Tentative Parcel Map 22-029 (TPM No. 20834) and Exhibit “C” for DRP No. 22-054; and
WHEREAS, all notices required by statute and the Fontana Municipal Code (“FMC”) have been given as required; and
WHEREAS, the owners of property within 660 feet of the Project Site were notified via public hearing notice mailer prior to the public hearing for the Fontana Planning Commission (“Planning Commission”); a notice of the public hearing was published in the Fontana Herald newspaper on February 23, 2024, and notice was posted at City Hall and the Project Site; and
WHEREAS, on March 19, 2024, the Planning Commission conducted a noticed public hearing on MCN 22-115 and received public testimony and evidence presented by the Applicant, City staff, and other interested parties on the project, specifically the IS/MND, MMRP and MCN No. 22-115 and recommended adoption of the IS/MND and MMRP and approval of MCN No. 22-115 with a vote of 4-0 to the City Council by Resolution No. 2024-019; and
WHEREAS, the owners of property within 660 feet of the Project Site were notified via public hearing notice mailer prior to the public hearing for the Fontana City Council (“City Council”); a notice of the public hearing was published in the Fontana Herald newspaper on March 29, 2024, and notice was posted at City Hall and the Project Site; and
WHEREAS, on April 9, 2024, the City Council conducted a noticed public hearing on the IS/MND, MMRP, and MCN No. 22-115 and received testimony from all parties 839
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and documentation from the Planning Commission’s public hearing on March 19, 2024; and
WHEREAS, based on the information presented and evidence received by the City Council at the public hearing held on April 9, 2024 for IS/MND, MMRP, and MCN No. 22-115, the City Council found that the amendments and project are in compliance with CEQA and in conformance with the goals and policies of the General Plan; and WHEREAS, the amendment to the General Plan and Zoning District Map will contribute to a sustainable community where residents of the City could live and work as anticipated in the General Plan; and
WHEREAS, the City wishes to protect and preserve the quality of the life throughout the City through effective land use and planning; and
WHEREAS, pursuant to Government Code Section 65358, on April 9, 2024 the City Council adopted one General Plan Amendment in the following three parts; Part No. 1 -GPA No. 20-015, Monte Vista Residential Project; Part No. 2 – GPA No. 23-001, Fontana Business Center 3; Part No. 3 – GPA No. 22-009, Citrus and Boyle Industrial Commerce Center; and
NOW, THEREFORE, the City Council RESOLVES as follows:

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

Section 2. CEQA. The City Council has reviewed and considered the IS/MND, and MMRP, any oral or written comments received, and the administrative record prior to making any decision on the proposed project. The City Council finds that the IS/MND and MMRP contain a complete and accurate reporting of all the environmental impacts associated with the project. The City Council further finds that the IS/MND and MMRP has been completed in compliance with the State CEQA Guidelines and Section 6.21 of the City of Fontana’s 2019 Local Guidelines for Implementing CEQA.
a. The City Council 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 finds, 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 City Council finds 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 City Council finds 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.
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b. The City Council 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 City Council adopts the Final IS/MND prepared for the project. d. Approval of MMRP. Pursuant to Public Resources Code section 21081.6, the City Council approves the MMRP which was prepared for the project and makes it a condition of project approval as attached hereto.
e. Notice of Determination. 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. Based on the information herein, the City Council hereby makes the following findings for GPA No. 22-009 in accordance with Section 30-31 “Purpose” of the Fontana Zoning and Development Code:

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

Findings of Fact: Changing the General Plan Land Use Designation of APN 0251- 151-10 from C‐C to I‐L would allow for the construction of an industrial commerce center building totaling approximately 355,995 square feet. This development will assist with the growing the industrial commerce center demand in the City and the surrounding area. The construction and operations at the Project Site will provide employment opportunities for the local workforce and address demands related to products being transported into the area. Additionally, properties to the north and east also have a General Plan designation of Light Industrial.

This amendment would create consistency amongst the project parcels and would remove a commercial designation for a small area that has not developed commercially to date, nor would it be well positioned to do so in the future based on its size and location. The amendment would support General Plan 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 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.
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Section 4. Tentative Parcel Map Findings. Based on the information herein, the City Council hereby makes the following findings for Tentative Parcel Map No. 22- 029 (TPM No. 20834) pursuant to Section 30-284 of the Fontana Zoning and Development code, and in accordance with Section No. 26 218(d) “Processing of application,” of the Fontana Municipal Code:

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

Findings of Fact: With approval of General Plan Amendment 22-009, Tentative Parcel Map No. 22-029 (TPM No. 20834) is consistent with the General Plan Land Use Designation for all portions of the Project Site. The lot size with the consolidation will meet the lot standards of the FMC. The tentative parcel map consolidates twenty-one (21) existing parcels (APNs: 0251-151-03 through -07, -09 and - 10, -14 through -16, -18 through -22, and -39 through -44) into one parcel for the construction of an industrial commerce building totaling approximately 355,995 square feet, which is permitted in the General Plan. The Project Site is not within a specific plan.

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

Findings of Fact: The site design for Tentative Parcel Map No. 22-029 (TPM No. 20834) 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 General Plan, and Chapter No. 26 of the FMC and the Light Industrial development standards. The project includes all on-site and off-site improvements to meet all the General Plan goals and objectives; as well as all of the M-1 zoning requirements. Improvements consist of public sewer, public storm drain, streets, gutter, sidewalks, drainage, and grading to provide a safe and well-designed project for the area.

The Project Site is not within a specific plan.

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

Findings of Fact: The Project Site for the industrial commerce center is approximately 15.84 acres, which is adequate in size to accommodate the development. The existing topography is conducive for the project and development of the site did not require setback variances. The lot size is consistent with industrial developments to the south and west of the Project Site. 842
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Finding No. 4: The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or will not substantially and avoidably injure fish or wildlife or their habitat.

Findings of Fact: The design of Tentative Parcel Map No. 22-029 (TPM No. 20834) is not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat.

The area surrounding the Project Site has been developed with gas station, industrial uses, high school, residential and warehouse uses.

An IS/ MND and MMRP was prepared for this project pursuant to CEQA and the 2019 Local Guidelines for Implementing CEQA.

Based on the information in the IS, the project would not have a significant effect on the environment as a result of the project implementation and the MND, and MMRP. The use is anticipated based on the Land Use Designation and the Zoning and
Development Code. The design of the map will not cause
substantial environmental damage or will not substantially and avoidably injure fish or wildlife or their habitat.

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

Findings of Fact: The design of Tentative Parcel Map No. 22-029 (TPM No. 20834) will not cause public health problems. The development will comply with the Zoning and Development Code and General Plan.

Improvements include connection to the public sewer, connection to the public storm drain, modification to the existing sidewalks, drainage, and grading to provide a safe and well-designed project for the area. Therefore, the project shall promote the public health, safety, and welfare of the surrounding community.

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

Findings of Fact: The design of Tentative Parcel Map No. 22-029 (TPM No. 20834) and public improvements will not conflict with access easements acquired by the public. Access to and from the Project Site would be provided from driveways on Slover Avenue and Boyle Avenue.

The truck traffic will come in and out from the two (2) southwest driveways along Slover Avenue and vehicle traffic will use two separate entrances on the southeast accessed from Slover Avenue and on the northeast accessed from Boyle Avenue. 843
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Section 5. Design Review Findings. Based on the information herein, the City Council hereby makes the following findings for a DRP No. 22-054 in accordance with Section 30-120 “Findings for approval” of the Fontana Zoning and Development Code:

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

Findings of Fact: The General Plan land use designation of I-L is intended for employee-intensive uses, including business parking, research and development, technology centers, corporate and support office uses, clean industry, supporting retail uses, truck and equipment sales and related services. The industrial commerce facility provides for a consistent blend of well-designed industrial development in the immediate vicinity. The Zone Change
Amendment for APN 0251-151-10 incorporates the entire project area into the M-1 Zoning District. The industrial commerce facilities provide for a consistent blend of well-designed industrial development in the immediate vicinity because it provides consistency with the industrial uses in the vicinity of the Project Site.

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

Findings of Fact: The site and architectural design for the 355,995 square foot industrial commerce center building has been designed with office space totaling approximately 7,000 square feet. A gate-secured truck court with 46 loading docks on the south side of the building and 13 loading docks on the west side of the building. The use of glazing, parapets, accent colors and painted banding will add structural and visual interest to the building. Additionally, variations to the building face and roof lines will be architecturally pleasing. Access to and from the
Project Site would be provided from driveways on Slover Avenue (truck and passenger vehicles) and Boyle Avenue (passenger vehicles only). Landscaping would be ornamental in nature and includes trees, shrubs, and drought-tolerant accent plants in addition to a variety of groundcovers.

The project will result in the construction of an industrial commerce center building totaling approximately 355,995 square feet. All new improvements such as driveways, streets,
sidewalks, drive aisles, and setbacks will comply with all applicable building, zoning, and fire codes and will promote the public health, safety, and welfare of the surrounding community. 844
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Finding No. 3: The proposal is in its design and appearance is aesthetically and architecturally pleasing resulting in a safe, well-designed facility while enhancing the character of the surrounding neighborhood.

Findings of Fact: The industrial commerce center building has been designed with the use of glazing, parapets, canopies, accent colors and painted banding that will add structural and visual interest to the building.

Additionally, variations to the building face and roof lines will be architecturally pleasing. Access to and from the Project Site would be provided from driveways on Slover Avenue and Boyle Avenue with passenger vehicle traffic utilizing separate entrances from commercial vehicles. Landscaping would be ornamental in nature and features trees, shrubs, and drought-tolerant accent plants in addition to a variety of groundcover. The building will be compatible with the industrial commerce centers to the south and west of the Project Site and will provide a quality, aesthetically pleasing development for the surrounding neighborhood.

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

Findings of Fact: The development complies with the Zoning and Development Code standards and the newly adopted sustainability ordinance.

The improvements include sewer and storm drain systems, site circulation, parking, landscaping, parks, lighting, driveways, sidewalks and decorative paving.

Section 6. General Plan Amendment Approval. Based upon the findings in Section 3, the City Council hereby approves GPA No. 22-009 to change the General Plan Land Use Designation for APN: 0251-151-10 as illustrated on Exhibit “A” attached hereto and incorporated herein by reference as fully set forth herein and to modify Exhibit 15.8 (Land Use Map) of the General Plan to reflect the same.

Section 7. Tentative Parcel Map Approval. Based on the findings in Section 4, the City Council hereby approves Tentative Parcel Map No. 22-029 (TPM No. 20834), subject to the Conditions of Approval attached here to as Exhibit “B” and incorporated by reference as fully set forth herein, to consolidate Twenty- one (21) parcels located on the north side of Slover Avenue, south of Boyle Avenue into one parcel.

Section 8. Design Review Approval. Based on the findings in Section 5, the City Council hereby approves DRP No. 22-054 subject to the Conditions of Approval attached here to as Exhibit “C” and incorporated by reference as fully set forth herein..

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 845
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21081.6.

Section 10. Certification. The City Clerk of the City Council shall certify to the adoption of this Resolution.

Section 11. Effective Date. This Resolution shall take effect thirty (30) days after the adoption of the City Council Ordinance adopting Zoning District Map Amendment (ZCA) No. 22-009, City Council Ordinance adopting Development Agreement No. 23- 096, whichever is adopted later, provided however, if either Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise do not go into effect for any reason, then this resolution shall be null and void and have no further force and effect.

Section 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.

PASSED, APPROVED AND ADOPTED this 9th day of April 2024.

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

I, Germaine Key, City Clerk of the City of Fontana and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City of Fontana at a regular meeting thereof, held on the 9 th day of April 2024, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

City Clerk of the City of Fontana
Mayor of the City of Fontana

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ATTEST:
______________________________________
City Clerk
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EXISTING GENERAL PLAN DESIGNATION

COMMUNITY COMMERCIAL (C-C)

PROPOSED GENERAL PLAN DESIGNATION

LIGHT INDUSTRIAL (I-L)
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EXHIBIT “B”

CITY OF FONTANA

CONDITIONS OF APPROVAL
PROJECT: Master Case No. (MCN) 22-115 March 19, 2024
Tentative Parcel Map No. 22-029 (TPM No. 20834)
LOCATION: The project site includes property located on north side of Slover Avenue, south of Boyle Avenue, south of Interstate (I) 10 freeway, and west of Citrus Avenue and east of Oleander Avenue. Assessor Parcel Numbers (APNs: 0251- 151-03 through -07, -09 and -10, -14 through -16, -18 through -22, and -39 through -44).

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, and employees from any claim, action or proceeding against the City of Fontana or its agents, officers, or employees to attack, set aside, void, or annul an approval of the Planning Commission and/or City Council concerning this subdivision, which action is brought within the time period provided for in Government Code Section 66499.37. The City of Fontana shall promptly notify the applicant of any claim, action, or proceeding and the City of Fontana shall cooperate in the defense. The applicant shall defend, indemnify, protect and hold harmless the City of Fontana or its agents, officers, attorneys and employees from any and all actual or alleged claims, actions or proceedings against the City of Fontana or its agents, officers, attorneys or employees to attack, set aside, void, annul or seek monetary damages arising out of any challenge to the applicant’s proposed project or to any approvals of the Planning Commission and/or City Council concerning this project, including but not limited to actions challenging CEQA actions, permits, 849
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variances, plot plans, design plans, maps, licenses, and amendments. The City of Fontana shall promptly notify the applicant of any claim, action, or proceeding and the City of Fontana shall cooperate in the defense.

In the event of any such third-party action or proceeding, the City shall have the right to retain its own separate legal counsel to defend the interests of the City.

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

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

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

3. Tentative Parcel Map No. 22-029 (TPM No. 20834) shall comply with all applicable development standards of, Chapter 26 (Subdivisions), Chapter 30 (Zoning and Development), 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 Initial Study/Mitigated Negative Declaration 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. 22-029 (TPM No. 20834) shall become null and void two (2) years from the date of approval, unless the appropriate permits have been obtained and construction, defined as permit obtainment, commencement of construction of the primary building on site, and successful completion of the first Building and Safety Division inspection, has commenced within this period.

8. In the event that one or more of the Conditions of Approval for this project needs 850
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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.

9. The applicant shall post a publicly visible sign on the project site with the telephone number and 24-hour point of contact for dust, noise and construction complaints. The 24-hour point of contact shall be available 24 hours a day, 7 days a week and have authority to commit additional assets to control dust, or respond to construction complaints after hours, on weekends and on holidays.

Construction shall be limited to 7:00 am to 6:00 pm on weekdays, 8:00 am to 5:00 pm on Saturdays, and no construction on Sundays and Holidays.

10. 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 851
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American archaeological sites in southern California. The Qualified Archaeologist shall ensure that all other personnel are appropriately trained and qualified.

11. The applicant shall meet all requirements identified in the Industrial Commerce Centers Sustainability Standards (Ordinance No. 1891).

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

13. The project shall comply with all applicable provisions, regulations, and development standards of the Fontana Municipal Code.

14. The applicant shall adhere to all landscape setback requirements as outlined in the Fontana Municipal Code.

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

BUILDING & SAFETY DEPARTMENT:

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

17. 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. 852
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H. A complete hydrology study using the latest edition of the San Bernardino County Flood Control Hydrology Manual, and complete hydraulic calculations justifying the size, slope, capacity, etc. of any and all drainage structures being utilized, shall be submitted to and approved by Building & Safety.

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

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

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.

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

ENGINEERING DEPARTMENT:

19. 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.

20. 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.

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

22. Of the three access points along Slover Ave, the westernmost project driveway shall be at least 400’ east of the intersection of Slover Ave and Citrus Ave, as measured from the limit-line along westbound Slover Ave to the western edge of the driveway.
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23. Of the three access points along Slover Ave, the central project driveway shall be separated by at least 250’ from adjacent driveways, as measured from the closest edge of each driveway.

24. 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.

25. Of the three access points along Slover Ave, the westernmost project driveway shall be designed, constructed, and signed to restrict ingress and egress to rightin and right-out movements only.

26. Of the three access points along Slover Ave, the central project driveway shall be designed, constructed, and signed to restrict ingress and egress to right-in, leftin, and right-out movements only.

27. Of the three access points along Slover Ave, the easternmost project driveway shall be designed, constructed, and signed to restrict ingress and egress to rightin and right-out movements only.

28. Of the three access points along Slover Ave, the easternmost project driveway shall be restricted to vehicular access only, until such time as the adjacent land use is no longer deemed a sensitive receptor, or until such time that the distance between the driveway and the sensitive receptor is sufficiently large per the relevant state and local regulations.

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

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

31. All gated ingress locations shall provide a visual indication to drivers prior to entering the gated driveway whether the gate is closed or open. This may be excluded if sufficient turn-around space is provided for the design vehicle or if the gate is manned with personnel who would permit an errant driver to enter the gate to turn around and depart. At no time shall the project cause vehicles entering the site to need to reverse into a travel lane in the public right-of-way in order to depart or turn-around.

32. The applicant shall repair or replace any existing signal related equipment such as pull boxes and loop detectors that are damaged or impacted due to projectimplemented improvements.

33. Maintain 33ft curb to curb width for westbound Slover Ave prior to right-turn pocket at Citrus Ave.
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34. The applicant shall design and construct a modification to the existing raised planted median along Slover Ave to allow for a minimum of 240’ of full-width queuing area for each of the westbound dual-left-turn lanes at Citrus Ave and to accommodate a 240’ of full-width queueing area for an eastbound left-turn lane into the project site.

PRIOR TO ISSUANCE OF GRADING PERMIT

35. 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.

36. 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

37. 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

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

39. The Applicant shall submit engineered improvement plans and obtain full approval. All required public improvements generally along the project frontage for Slover Avenue and Boyle Avenue, 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.

40. The Applicant shall perform a pavement quality analysis by a qualified geotechnical engineer for the half-width (median curb to curb) of Slover Avenue and Boyle Avenue along the project frontage for the City to review and approve.

The half-width (median curb to curb) of Slover Avenue and Boyle Avenue along the project frontage shall be fully replaced to bring the pavement structural section into conformance with City standards. Any remedial action less than full replacement shall be justified by the pavement analysis and shall bring the pavement condition to a 20-year pavement life.

PRIOR TO ISSUANCE OF FINAL CERTIFICATE OF OCCUPANCY

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

42. The Applicant/Engineer shall provide centerline ties to the City of Fontana reflecting proper setting of all survey monuments within the project limits and 855
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replace any existing survey monuments damaged or removed during construction.

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

44. 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).

45. 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.

46. 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.

47. 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.

48. 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.

49. Existing and proposed public catch basins in industrial areas shall be fitted with Bio Clean Connector Pipe Screen (CPS) trash screens in compliance with trash provisions of the water quality control plan for inland surface waters, enclosed bay and estuaries of California.

END OF CONDITIONS
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EXHIBIT “C”

CITY OF FONTANA

CONDITIONS OF APPROVAL
PROJECT: Master Case No. (MCN) 22-115 DATE: March 19, 2024 Design Review (DRP) No. 22-054
LOCATION: The project site includes property located on north side of Slover Avenue, south of Boyle Avenue, south of Interstate (I) 10 freeway, and west of Citrus Avenue and east of Oleander Avenue. Assessor Parcel Numbers (APNs: 0251-151-03 through -07, -09 and -10, -14 through -16, -18 through -22, and -39 through -44).

PLANNING DEPARTMENT:

1. This Design Review shall become null and void two (2) years from the date of approval, unless the appropriate permits have been obtained and construction, defined as permit obtainment, commencement of construction of the primary building on site, and successful completion of the first Building and Safety Department inspection, has commenced within this period.

2. The 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 applicant’s proposed project or to any approvals of the Planning Commission and/or City Council concerning this project, including but not limited to actions challenging CEQA actions, permits, variances, plot plans, design plans, maps, licenses, and amendments. The City of Fontana shall promptly notify the applicant of any claim, action, or proceeding and the City of Fontana shall cooperate in the defense. 857
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In the event of any such third-party action or proceeding, the City shall have the right to retain legal counsel. The applicant shall be responsible and reimburse the City for such legal fees and costs, in their entirety, including actual attorneys’ fees, which may be incurred by the City in defense of such action or proceeding.

This indemnification shall also include, but not be limited to, damages, fees and/or costs awarded against the City, if any, and cost of suit, attorneys’ fees, and other costs, liabilities and expenses incurred in connection with such claim, action, or proceeding whether incurred by applicant, the City and/or any parties bringing such forth.

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

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

5. The applicant shall meet all requirements identified in the Industrial Commerce Centers Sustainability Standards (Ordinance No. 1891).

6. The applicant shall adhere to all landscape setback requirements as outlined in the Fontana Municipal Code.

7. 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 conditions 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.

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

9. Historic Archaeological Resources
A. Upon discovery of any tribal cultural or archaeological resources, cease 858
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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.

C. Archaeological and Native American monitoring and excavation during construction projects shall be consistent with current professional standards.

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

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

11. The applicant shall either (1) execute and record the Development Agreement (AGR23-0096) promptly upon the effective date of the ordinance by which the Development Agreement is adopted or (2) pay the amount $49,722 to the City of Fontana within 25 days after the final approval of the entitlements as a public benefit fee in lieu of recordation of the Development Agreement.

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

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

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

16. Color combinations and color schemes for buildings approved under a design review application shall not be modified or changed without prior approval of the original approving body by a revision to the original application. Minor hue color changes may be approved by the Director of Planning. The Director of Planning may refer minor hue color changes to the original approving body for consideration under a revision to the original application.

17. Exterior lighting compatible with the design of the building shall be provided for the parking lot. The lighting shall be directed and shielded so as to illuminate only the parking area and to avoid glare impacts on adjacent properties.

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

19. The applicant/developer shall provide sufficient bicycle racks to accommodate 12 bicycle spaces.

20. The applicant/developer shall provide bicycle racks that include locks as well as electric plugs to charge electric bikes. The racks shall be located as close as possible to employee entrance(s).

21. 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.

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

23. 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.

24. All landscaping shall be healthy and maintained in a reasonable manner as determined by the Director of Planning or his/her designee. 860
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25. The transformer shall be screened by a solid screen wall and mature, dense landscaping, and not visible from the public right-of-way.

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

The request shall be submitted to the Planning Department.

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

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

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

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

31. Adhere to the City standard of one foot candle minimum for all entrances, exits, pedestrian paths, parking lots, and activity areas. Reflect all light fixtures on the site plan. All areas shall be illuminated during all hours of darkness and all luminaries utilized shall be vandal-resistant fixtures. The type of lighting shall be fluorescent, white L.E.D.s or metal halide. Provide a photometric layout under separate exhibit to ensure the minimum light standard is met.

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

33. The applicant shall meet all requirements of the Trip Reduction Measures in of the Zoning Code (Article XIV, Transportation Demand Management and Trip Reduction Measures).

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

35. The applicant shall incorporate hostile landscape into the interior, perimeter landscape setback areas to discourage subjects from accessing the site.

36. The applicant shall post a publicly visible sign on the project site with the telephone number and 24-hour point of contact for dust, noise and construction complaints. The 24-hour point of contact shall be available 24 hours a day, 7 days 861
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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 weekends, 8:00 am to 5:00 pm on Saturdays, and no construction on Sundays and Holidays.

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

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

Prior To Issuance of Grading Permit

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

BUILDING & SAFETY DEPARTMENT:

40. 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

41. 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.

42. 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.

43. 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.

44. 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 862
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prior to construction by the Building Official on a case-by-case basis for extenuating circumstances. Notwithstanding the foregoing, an existing block wall is present on the western portion of the project site. Applicant shall use reasonable efforts to work with the adjacent property owner to obtain consent to either rebuild or renovate the existing wall. If adjacent property owner does not consent, applicant shall work with Planning Department to find an acceptable alternative, if an alternative is deemed necessary by the Planning Department.

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

46. The applicant shall verify that all lot lines, easement lines, etc. will be located and/or relocated in such a manner as to not cause any existing structure to become non-conforming with the requirements of the latest adopted edition of the Building Code, or any other applicable law, ordinance, or code.

47. 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.

The onsite drainage system shall, as a minimum, be designed to handle the runoff generated by a ten (10) year storm. Check for flooding of all 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 863
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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.

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

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

PRIOR TO ISSUANCE OF BUILDING/CONSTRUCTION PERMITS

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

A. Precise grading plans shall be approved
B. Rough grading completed
C. Compaction certification
D. Pad elevation certification
E. Rough grade inspection signed off by a City Building Inspector

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

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

53. Please be aware that a Construction Waste Management Plan (CWMP) will be required at time of plan check submittal. For more information regarding waste diversion, please contact Burrtec Waste at (909) 889-0911.

ENGINEERING DEPARTMENT:

54. The Project shall be served by the City’s sanitary sewer system, all sewer facilities shall be constructed in accordance with the City Standards. Main trunk sewer line shall be in accordance with master sanitary sewer plan or as approved by the City Engineer.
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55. 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.

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

57.The applicant shall design and construct a modification to the existing raised planted median along Slover Ave to allow for a minimum of 240’ of full-width queuing area for each of the westbound dual-left-turn lanes at Citrus Ave and to accommodate a 240’ of full-width queueing area for an eastbound left-turn lane into the project site.

58. Of the three access points along Slover Ave, the central project driveway shall be separated by at least 250’ from adjacent driveways, as measured from the closest edge of each driveway.

59.Of the three access points along Slover Ave, the westernmost project driveway shall be at least 400’ east of the intersection of Slover Ave and Citrus Ave, as measured from the limit-line along westbound Slover Ave to the western edge of the driveway.

60.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.

61.Of the three access points along Slover Ave, the westernmost project driveway shall be designed, constructed, and signed to restrict ingress and egress to rightin and right-out movements only.

62.Of the three access points along Slover Ave, the central project driveway shall be designed, constructed, and signed to restrict ingress and egress to right-in, left-in, and right-out movements only.

63. Of the three access points along Slover Ave, the easternmost project driveway shall be designed, constructed, and signed to restrict ingress and egress to rightin and right-out movements only.

64. Of the three access points along Slover Ave, the easternmost project driveway shall be restricted to vehicular access only, until such time as the adjacent land use is no longer deemed a sensitive receptor, or until such time that the distance between the driveway and the sensitive receptor is sufficiently large per the relevant state and local regulations.

65.Intersection sight distance and stopping sight distance must be shown to meet the required AASHTO standards both horizontally and vertically at all ingress/egress locations including consideration for walls, landscaping, grading, and vegetation. 865
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66.The location of bicycle parking shall be depicted on the site plan. Bicycle parking shall comply with the Association of Pedestrian and Bicycle Professionals

67.All gated ingress locations shall provide a visual indication to drivers prior to entering the gated driveway whether the gate is closed or open. This may be excluded if sufficient turn-around space is provided for the design vehicle or if the gate is manned with personnel who would permit an errant driver to enter the gate to turn around and depart. At no time shall the project cause vehicles entering the site to need to reverse into a travel lane in the public right-of-way in order to depart or turn-around.

68.The applicant shall repair or replace any existing signal related equipment such as pull boxes and loop detectors that are damaged or impacted due to projectimplemented improvements.

69.Maintain 33ft curb to curb width for westbound Slover Ave prior to right-turn pocket at Citrus Ave.

PRIOR TO ISSUANCE OF GRADING PERMIT

70. 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.

71. 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

72. 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

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

74. The Applicant shall submit engineered improvement plans and obtain full approval. All required public improvements generally along the project frontage for Slover Avenue and Boyle Avenue, 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.

75.The Applicant shall perform a pavement quality analysis by a qualified geotechnical engineer for the half-width (median curb to curb) of Slover Avenue and Boyle Avenue along the project frontage for the City to review and approve. The half-width (median curb to curb) of Slover Avenue and Boyle along the project frontage shall be fully replaced to bring the pavement structural section into conformance with 866
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City standards. Any remedial action less than full replacement shall be justified by the pavement analysis and shall bring the pavement condition to a 20-year pavement life.

PRIOR TO ISSUANCE OF FINAL CERFITICATE OF OCCUPANCY

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

77. 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.

78. 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.

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

80. 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).

81. 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.

82. 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.

83. 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.
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84.Existing and proposed public catch basins in industrial areas shall be fitted with BioClean™ Connector Pipe Screen (CPS) trash screens in compliance with trash provisions of the water quality control plan for inland surface waters, enclosed bay and estuaries of California.

FIRE DEPARTMENT:

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

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

California Fire Code Chapter 5 & SBCoFD Standard A-1.

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

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

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

The Fire Flow for this project shall be: 4,000 GPM for a two-hour duration at 20 psi residual operating pressure. Fire Flow is based on a 355,995 Square Foot structure.

90.Hydrant Marking: Blue reflective pavement markers indicating fire hydrant locations shall be installed as specified by the Fire Department. SBCoFD Standard W-2. 868
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91.Water Improvement Plan: The applicant shall submit “Water Improvement Plans” to Fontana Fire Prevention. W.I.P. to include site plan, existing & proposed PUBLIC fire hydrant locations, building construction type, square footage details of the largest building, total square foot of ALL floors in a multifloored building, square foot size of entire site, and description of what is being constructed/occupancy type.

Once approved by Fire Department, applicant will provide stamped/approved W.I.P to water purveyor for their construction needs. ON-SITE PRIVATE FIRE WATER

SUPPLY SHALL BE INSPECTED AND IN WORKING CONDITION PRIOR TO PLACING COMBUSTIBLE MATERIALS ON THE JOBSITE. California Fire Code Chapter 5.

92.Combustible Protection: Prior to combustibles being placed on the project site an approved paved roadway providing fire access and fire hydrants providing an acceptable fire flow shall be installed. California Fire Code Chapter 5.

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

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

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

California Fire Code Chapter 9, NFPA 72 & SBCoFD Standard F-5.

95.Smoke Removal: An automatic smoke removal system complying with the California Fire Code, NFPA and all applicable codes is required. The applicant shall submit three (3) sets of detailed smoke removal system plans to the Fire Department for review and approval. The required fees shall be paid at the time of plan submittal. California Fire Code Chapter 9.

96.Fire Extinguishers: Hand portable fire extinguishers are required. The location, type, and cabinet design shall be approved by the Fire Department. California Fire Code Chapter 9.

97.Commercial (large facility) Addressing: Commercial and industrial developments in excess of 100,000 sq. ft. shall have the street address installed on the building with numbers that are a minimum twelve (12) inches in height and with a one and one half (1½) inch stroke. The street address shall be visible from the street. During the hours of darkness, the numbers shall be electrically illuminated (internal or external). Where the building is two hundred (200) feet or more from the roadway, additional non-illuminated contrasting six (6) inch numbers shall be displayed at the property access entrances. California Fire Code Chapter 5 & SBCoFD Standard B1. 869
Resolution PC No. 2024-____

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98.Key Box: An approved Fire Department key box is required. The key box shall be provided with a tamper switch and shall be monitored by a Fire Department approved central monitoring service. California Fire Code Chapter 5 & SBCoFD Standard A-4

99.Security Gates: In commercial, industrial, and multi-family complexes, all swing gates shall have an approved fire department Knox Lock. Where an automatic electric security gate is used, an approved Fire Department override switch is required. California Fire Code Chapter 5 & SBCoFD Standard A-3 100. Material Identification Placards: The applicant shall install, in all locations deemed appropriate by the Fire Department, approved material identification placards on the outside of all buildings and/or storage tanks that store hazardous or flammable materials. Additional placards shall be required inside the buildings when chemicals are segregated into separate areas. California Fire Code Chapter 50 & NFPA 704.
101. High-Piled Storage: The applicant shall submit an application for a High-Piled Storage permit for storage of over 12’ in height of Class I-IV commodities and/or over 6’ in height of high hazard commodities. Three (3) sets of detailed plans and a commodity analysis report shall be submitted to the Fire Department for review and approval. The applicant shall submit to the Fire Department concurrently with any racking permits to the Building and Safety division. California Fire Code Chapter 32 & SBCoFD Standard S-1.
102. Secondary Access: The development shall have a minimum of two (2) points of vehicular access during each phase of construction for fire and emergency access purposes and for evacuation routes. SBCoFD Standard A-1 103. San Bernardino County Fire Standards/Codes: Items not directly called out on these Conditions of Approval, shall also adhere to currently adopted San Bernardino County Fire Standards, California Fire Code, & NFPA.

END OF CONDITIONS OF APPROVAL
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ATTACHMENT NO. 14
ORDINANCE NO. ____

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

APPROVING, PURSUANT TO AN ADOPTED MITIGATED NEGATIVE

DECLARATION AND APPROVED MITIGATION MONITORING AND

REPORTING PROGRAM FOR THE CITRUS AND BOYLE PROJECT,
ZONING DISTRICT MAP AMENDMENT NO. 22-009 TO CHANGE THE
ZONING DESIGNATION FOR APN 0251-151-10 FROM COMMUNITY
COMMERCIAL (C-1) TO LIGHT INDUSTRIAL (M-1) FOR
APPROXIMATELY 0.9 ACRES LOCATED ON THE NORTH SIDE OF
SLOVER AVENUE, SOUTH OF BOYLE AVENUE.

WHEREAS, Assessor Parcel Number (“APNS”) 0251-151-10 was annexed from San Bernardino County and incorporated into the City of Fontana on January 25, 1974 and September 19, 2006; 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) to change the General Plan land use designation for APN 0251-151-10 from Community Commercial to Light industrial, Zone District Code Map Amendment (ZCA No. 22-009) to change the Zoning District Code Map for APN 0251-151-10 from Community Commercial (C-1) to Light Industrial (M-1), Tentative Parcel Map (Tentative Parcel Map No. 22-029 (TPM No. 20834)) to consolidate twenty-one (21) parcels into one parcel, Design Review (DRP No. 22-054) for the site and architectural review for the construction of one (1) industrial commerce center totaling 355,995 square feet on a 15.8 acre site; and a Development Agreement (AGR No. 23-096) to include a review of the development agreement for a public benefit fee of $49,722. The amendments together are known as Master Case Number 22-115 (“MCN 22-115”) (or “Project”); and
WHEREAS, the amendment to the Zoning District Map will contribute to a mixture of uses that will contribute to a sustainable community where residents of the City could live and work as anticipated in the General Plan; and WHEREAS, the Zoning District Map Amendment is considered a “Project” as defined by the California Environmental Quality Act (CEQA); and WHEREAS, pursuant to CEQA, the City prepared an Initial Study/Mitigated Negative Declaration (“IS/MND”) and Mitigation Monitoring and Reporting Program (“MMRP”), which concluded that, with mitigation, no significant impacts would result from the project. The IS/MND was published for public comment from February 27, 2024 and concluded that, with the implementation of recommended mitigation measures, the Project would have no significant impacts on the environment and, therefore, the Mitigated Negative Declaration (“MND”) has been recommended for adoption; and
WHEREAS, all the notices required by statute and the Fontana City Code have 871
Ordinance No. 2024 - ___

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been given as required; and,
WHEREAS, on March 19, 2024, the Fontana Planning Commission (“Planning Commission”) held a noticed public hearing for the project, specifically the Initial Study/Mitigated Negative Declaration (“IS/MND”), Mitigation Monitoring and Reporting Program MMRP, and MCN 22-115, received public testimony and evidence presented by the Applicant, City staff, and other interested parties and recommended adoption of the IS/MND and approval of the MMRP and MCN 22-115 to the City Council with a vote of 4-0 by Resolution No. 2024-019; and
WHEREAS, on April 9, 2024, the Fontana City Council (“City Council”) conducted a duly noticed public hearing on the project IS/MND and MMRP and MCN No. 22-115, received testimony from all parties and documentation from the Planning Commission’s public hearing on March 19, 2024; 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 City’s Regional House Needs Assessment (RHNA) allocation; and
WHEREAS, based on the evidence and testimony presented to the City Council at the public hearing held for the project IS/MND, MMRP, and MCN 22-115, the City Council found that the amendments and project comply with CEQA and are in conformance with the goals and policies of the General Plan.

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

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

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

Section 3. Zoning District Map Amendments Findings. The City Council hereby makes the following findings for ZCA No. 22-009 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
872
Ordinance No. 2024 - ___

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designation map boundaries of any zone whenever such an amendment is deemed necessary to protect or promote the public's health, safety, or general welfare or when
modification is viewed as appropriate in the context of generally accepted planning principles, surrounding land uses, and the General Plan.

Findings of Fact: A Zoning District Map amendment to change the land use of APN 0251-151-10 from C-1 to M-1 would accommodate the
development of an industrial commerce center building totaling 355,995 square feet. This project will provide attractive development with quality modern architecture with additional landscaping. This type of development is appropriate in the context of generally accepted planning principles, surrounding land uses and the General Plan because it enhances the
surrounding area with an attractive street scene and high-quality landscaping. This type of development will be consistent with the areas to the south and east.

Section 4. Zoning District Map Amendment Approval. The City Council approves ZCA No. 22-009, to amend the zoning designation for the Project Site from C-1 to M-1 for approximately 0.9 acres as shown on Exhibit “A” which is attached hereto and incorporated herein.

Section 5. Effective Date/Publication. This Ordinance shall take effect thirty (30) days after the date of the adoption and prior to the expiration of fifteen (15) days from the passage thereof, or after the adoption of the City Council Ordinance approving Development Agreement No. 23-096, whichever occurs later, provided however, if the Ordinance approving the Development Agreement is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise does not go into effect for any reason, then this Ordinance shall be null and void and have no further force and effect. 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 6. Custodian of Records. The documents and materials that constitute the record of proceedings on which this Ordinance is based are located at the City Clerk’s office located at 8353 Sierra Avenue, Fontana, CA 92335. The custodian or records is the City Clerk.

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

Section 8. Severability. If any provision of this Ordinance or the application of any such provision to any person or circumstance is held invalid, such invalidity shall 873
Ordinance No. 2024 - ___

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not affect other provisions or applications of this Ordinance that can be given effect without the invalid provision or application.

APPROVED AND ADOPTED this 9th 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 25th 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
874
Ordinance No. 2024 - ___

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“EXHIBIT A”

EXISTING ZONING MAP DESIGNATION
COMMUNITY COMMERCIAL (C-1)

PROPOSED ZONING MAP DESIGNATION
LIGHT INDUSTRIAL (M-1)
875
ATTACHMENT NO. 15

Page 1 of 41 ends

ORDINANCE NO.______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

FONTANA APPROVING, PURSUANT TO AN ADOPTED

MITIGATED NEGATIVE DECLARATION, A
DEVELOPMENT AGREEMENT NO. 23-096 BETWEEN THE

CITY OF FONTANA AND CHIPT FONTANA CITRUS
AVENUE, L.P., WHICH PROVIDES A PUBLIC BENEFIT
FEE IN THE AMOUNT OF $49,722.00
WHEREAS, the City Council ("City Council") of the City of Fontana ("City") is authorized by California Government Code sections 65864 et seq. and section 30-322 of the City's Development Code ("Development Code") to enter into an agreement for the development of real property with any person having a legal or equitable interest in such property in order to establish certain development rights in such property; and WHEREAS, City has found that development agreements will strengthen the public planning process, encourage private participation in comprehensive planning by providing a greater degree of certainty in that process, reduce the economic costs of development, allow for the orderly planning of public improvements and services, allocate costs to achieve maximum utilization of public and private resources in the development process, and ensure that appropriate measures to enhance and protect the environment are achieved; and
WHEREAS, because of the logistics, magnitude of the expenditure, and considerable lead time required to plan and develop the Property, CHIPT FONTANA CITRUS AVENUE, L.P. (“Developer”) has proposed to enter into a Development Agreement (AGR No. 23-096” or “Development Agreement”), attached hereto as “Exhibit A” and incorporated herein by reference, concerning the real property located at Slover Avenue and Boyle Avenue, more specifically referred to as Assessor Parcel Numbers 0251-151-03 through -07, -09 and -10, -14 through -16, -18 through -22, and -39 through -44 (“Property”), to provide assurances that the Property can be developed without disruption caused by a change in the City’s planning policies and requirements except as provided in AGR No. 23-096, which assurances will thereby reduce the actual or perceived risk of planning for and proceeding with development of the Property; and WHEREAS, the City and Developer are supportive of entering into a development agreement whereby Developer will acquire fee title to the Property; and WHEREAS, Developer's interest in the Property, including that interest to be conveyed pursuant to Development Agreement No. AGR23-096, constitutes a legal or equitable interest in real property pursuant to California Government Code section 65865; and
WHEREAS, Developer proposes the development of the Property for one industrial building totaling approximately 355,995 square feet, including up to 7,000 876

Page 2 of 41 ends

square feet of office space to achieve the goals of the City's General Plan ("General Plan"), as further described in Development Agreement AGR No. 23-096 (collectively, such development shall be referred to herein as the "Project"); and WHEREAS, City desires the timely, efficient, orderly and proper development of the Project in furtherance of the goals of the General Plan; and WHEREAS, City has found that Development AGR No. 23-096 is consistent with City's General Plan; and
WHEREAS, on April 9, 2024, pursuant to the California Environmental Quality Act (Pub. Res. Code §§ 21000 et seq.) (“CEQA”), and the State CEQA Guidelines (14 Cal.

Code Regs. §§ 15000 et seq.) the City Council approved the Initial Study/Mitigated Negative Declaration (IS/“MND”) and approved the Mitigation Monitoring and Reporting Program (“MMRP”); and
WHEREAS, City has determined that by entering into the Development Agreement: (i) City will promote orderly growth and quality development on the Property in accordance with the goals and policies set forth in the General Plan and (ii) City will benefit from increased employment and industrial opportunities created by the Project for residents of the City; and
WHEREAS, on April 9 2024, a duly noticed public hearing on Development Agreement AGR No. 23-096 was held by the City Council to consider testimony and evidence presented by the Applicant, City staff, and other interested parties; and WHEREAS, on April 9, 2024, the City Council carefully considered all information, evidence and testimony presented at its public hearing on DA; and WHEREAS, all the notices requires by statute and the Fontana Municipal Code have been given as required.

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

Section 1. Recitals. City Council hereby incorporates by reference the Recitals set forth herein and adopts those recitals as its own as through fully set forth in this Ordinance.

Section 2. California Environmental Quality Act. As the decision-making body for the Development Agreement, the City Council has reviewed and considered the previously adopted IS/MND, any oral or written comments received, and the administrative record 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 877

Page 3 of 41 ends

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 review 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.

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.
878

Page 4 of 41 ends

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 DA No. 23-096, attached hereto as “Exhibit A” and incorporated by reference herein, between CHIPT FONTANA CITRUS AVENUE, L.P., 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. 22-009, whichever occurs later, provided however, if the Ordinance approving the Zoning Code 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.

APPROVED and ADOPTED this 9
th day of April 2024.

READ AND APPROVED AS TO LEGAL FORM:

City Attorney
879

Page 5 of 41 ends

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 25th 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
880
EXHIBIT "A"

DEVELOPMENT AGREEMENT
6 881
RECORDING REQUESTED BY:

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

FONTANA CITRUS A VENUE INDUSTRIAL WAREHOUSE PROJECT
DEVELOPMENT AGREEMENT No. 23-096

BETWEEN

THE CITY OF FONTANA,
a California municipal corporation
and
CHIPT FONTANA CITRUS AVENUE, L.P.,
a Delaware limited partnership
Dated as of April 9, 2024 for reference purposes
7 882

FONTANA CITRUS A VENUE INDUSTRIAL WAREHOUSE PROJECT
DEVELOPMENT AGREEMENT No. 23-096
This FONTANA CITRUS A VENUE INDUSTRIAL WAREHOUSE PROJECT DEVELOPMENT AGREEMENT No. 23-096 ("Development Agreement and/or Agreement") is entered into by the City of Fontana, a California municipal corporation (hereinafter "City"), and CHIPT FONTANA CITRUS AVENUE, L.P., a Delaware limited partnership (hereinafter "Owner"). This Agreement is dated April 9, 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 Slover Avenue in the City, consisting of 21 parcels identified as Assessor's Parcel Numbers ("APNs") 0251-151-41, 0251-151-09, 0251-151-39, 0251-151-40, 0251-151-42, 0251-151-43, 0251-151-15, 0251-151-16, 0251-151-14, 0251-151- 19, 0251-151-20, 0251-151-21, 0251-151-22, 0251-151-10, 0251-151-44, 0251-151-07, 0251- 151-04, 0251-151-03, 0251-151-18, 0251-151-05, and 0251-151-06, 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 ("MND") and made findings concerning the mitigation measures and adopted a Mitigation Monitoring and Reporting Program ("MMRP") in accordance with CEQA and the State and City CEQA Guidelines; and
WHEREAS, Owner has filed an application for, and the City Council has approved, General Plan Amendment (GPA) No. 22-009, Zone Change Amendment (ZCA) No. 22-009, Design Plan Review (DRP) No. 22-054 and Tentative Parcel Map No.20834; and 8 883
WHEREAS, this Agreement and the Project are consistent with the City's Comprehensive General Plan and Zoning Code (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
WHEREAS, Development ( as defined in Section 1 below) 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.

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 CHIPT FONT ANA CITRUS A VENUE, L.P ., a Delaware limited partnership, and its successors in interest to all or any part of the Property.

1.1.4 "Development" means the improvement of the Property for the purposes of completing the structures, improvements and facilities comprising the Project, including, but not limited to: grading; the construction of infrastructure and public facilities related to the Project whether located within or outside the Property; the construction of buildings and structures; the construction of site work and the installation of landscaping. "Development" does not include the repair, reconstruction or redevelopment of any building, structure, improvement, or facility after the construction and completion thereof if undertaken during the Term of this Agreement. 9 884

1.1.5 "Development Agreement Policies" means those certain development agreement policies approved 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 Approval(s)" 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; zone changes; tentative and fmal 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 characterized as a fee or a tax and whether established for a broad class of projects by legislation of general applicability or imposed on a specific project on an ad hoc basis, that is charged by City to the applicant in connection with the approval of a Development 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 664 77, 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.
l.1.9 "Development Plan" means the existing 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 this Agreement is recorded with the Office of the San Bernardino County Recorder.

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 as the Project is provided to the City to date.

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

1.1.13 "General Plan" means the General Plan adopted on [DA TE] by Ordinance No. [NUMBER].

1.1.14 "Land Use Regulations" means all ordinances, resolutions, codes, rules, regulations and official policies of City governing the development and use of land, including, 10 885
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 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.

1.1.15 "Mitigated Negative Declaration" means the Mitigative Declaration prepared for the Project.

1.1.16 "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. ___ _ , 2024 in conjunction with the City Council's certification of the MND. -----

1.1.17 "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.

1.1.18 "Parcel Map" means the subdivision map identified in City records as Tentative Parcel Map No. 20834 and approved by the City Council on----~' 2024.

1.1.19 "Project" means the Development of the Property contemplated by the Development Plan as referenced in 1.1.9, 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 355,995 square feet.

1.1.20 "Property" means the certain real property located on Slover A venue in the City, consisting of 21 parcels identified as Assessor's Parcel Numbers (APNs) 0251-151-03 through-07, -09, -10, -14, -15, -16, -18, -19, -20, -21, -22, -39, -40, 41, -42, -43, and -44, as more particularly described in Exhibit "A" and shown on Exhibit "B" to this Agreement.

1.1.21 "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.

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

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

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

1.1.25 "Term" has the meaning given in Section 2.3 of this Agreement. 11 886

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
Exhibit "B" - Map showing Property and its location
Exhibit "C" -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 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. To the extent Owner does not own fee simple title to the Property, Owner shall obtain written consent from the current fee owner of the Property agreeing to the terms of this Agreement and the recordation thereof.

2.3 Term. The term of this Agreement shall commence on the Effective Date, and shall continue for a period of five (5) years thereafter unless this term is modified or extended pursuant to the provisions of this Agreement.

2.4 Sale or Assignment.

2.4.1 Right to Assign. Subject to the City's written consent, which shall not be unreasonable withheld, delayed or conditioned, Owner shall have the right to sell, transfer, or assign the Property in whole or in part (provided that no such partial transfer shall violate the Subdivision Map Act) to any person, partnership, joint venture, affiliate, firm, or corporation at any time; provided, however, that any such sale, transfer or assignment shall include the assignment and assumption of the rights, duties and obligations arising under or from this Agreement and be made in strict compliance with the following conditions precedent:
(a) No sale, transfer or assignment of any right or interest under this Agreement shall be made unless made together with the sale, transfer or assignment of all or a part of the Property.
(b) Concurrent with any such sale, transfer, or assignment, or within fifteen (15) business days thereafter, Owner shall notify City, in writing, of such sale, transfer, or assignment and shall provide City with 1) 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; and 2) the payment of the applicable processing charge to cover the CITY' s review and consideration of such sale, transfer or assignment.

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 12 887
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. The City Manager shall have the authority to review, consider and either approve, conditionally approve, or deny any proposed sale, transfer or assignment that is not made in compliance with this section 2.4.

2.4.2 Release of Transferring Owner. Notwithstanding any sale, transfer or assignment, Owner shall continue to be obligated to the terms and conditions under this Agreement as to that portion of the Property sold, transferred or assigned, unless Owner is given a release in writing by City Manager or City Planning Director, which release shall be provided 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, transferred or assigned.
(b) Owner is not then in default under this Agreement.
( c) Owner has provided City with the notice and executed assignment and assumption agreement required under Subsection 2.4.1 (b) above. ( d) In the event Owner still has a security instrument on file with the City at the time of transfer, the purchaser, transferee or assignee shall provide City with security equivalent to any security in place with the City and previously provided by Owner to secure performance of its obligations hereunder.

2.4.3 Effect of Assignment and Release of Obligations. In the event of a sale, transfer, or assignment pursuant to the provisions of Section 2.4.2 above:
( a) The assignee shall be liable for the performance of all obligations of the Owner with respect to transferred property, but shall have no obligations with respect to the portions of the Property, if any, not transferred (the "Retained Property"). (b) The Owner of the Retained Property shall be liable for the performance of all obligations of the Owner with respect to the Retained Property, but shall have no further obligations with respect to the transferred property. (c) The assignee's exercise, use and enjoyment of the Property or portions thereof shall be subject to the terms of this Agreement to the same extent as if the assignee were the Owner.

2.4.4 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 Section 2.4.

2.5 Amendment or Cancellation of Agreement. This Agreement may be amended or canceled in whole or in part only by written consent of both Parties in the manner provided for in Government Code Sections 65865.1 or 65868 and the Development Agreement Policies. Any 13 888
amendment of this Agreement, which amendment has been requested by Owner, shall be considered by the City only upon the payment of the applicable processing charge. This provision shall not limit any remedy of City or Owner for a Party's breach of the Agreement as provided by this Agreement. The procedure for proposing and adopting an amendment to, or cancellation of, in whole or in part, this Agreement shall be the same as the procedure for adopting and entering into this Agreement in the first instance.

2.6 Termination. This Agreement shall terminate and be ofno further effect upon the occurrence of any of the following events:

2.6.1 Payment of the Public Benefit Fee contained in Section 4.3.

2.6.2 Expiration of the Term ohhis Agreement as set forth herein.

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

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

2.6.5 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.

2.6.6 Termination by the City upon a Default by Owner, as provided in this Agreement.

2.6.7 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 of this Agreement by Owner to City on which construction has not yet begun shall be refunded to Owner by City.

2.6.8 The obligation of Owner to pay the Public Benefit Fee as set forth in Section

4.3 shall have been satisfied and if it has not been satisfied, then 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. 14 889

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:

Ifto City:

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

CHIPT Fontana Citrus Avenue, L.P.
527 W. 7th Street, Suite 200
Los Angeles, CA 90014
Attn: Philip J. Prassas
with a copy to:

CHIPT Fontana Citrus Avenue, L.P.
3 819 Maple A venue
Dallas, TX 75219
Attn: Lacey Sharkey
and to:

Allen Matkins Leck Gamble Mallory &
Natsis LLP
Attn: Jonathan Shardlow
2010 Main Street, 8th Floor
Irvine, CA 92614-7214
and to:

Winstead PC
500 Winstead Building
2728 N. Harwood Street
Dallas, TX 75201
Attn: Greg Zimmerman

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.
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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 the Development Plan. The Project shall remain subject to all Subsequent Development Approvals required to complete the Project as contemplated by the Development Plan. Except as otherwise provided in this Agreement, the permitted uses of the Property, the density and intensity of use, the maximum height and size of proposed buildings, and provisions for reservation and dedication of land for public purposes shall be those set forth in the Development Plan.

3.2 Effect of Agreement on Land Use Regulations. Except as otherwise provided under the terms of this Agreement, including the Reservations of Authority, the rules, regulations, and official policies governing permitted uses of the Property, the density and intensity of use of the Property, the maximum height and size of proposed buildings, and the design, improvement and construction standards and specifications applicable to 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 the same manner that it exercises discretion under its police powers including the Reservations of Authority set forth herein. 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 the Property will be developed. Such decisions depend upon numerous factors which are not within the control of Owner, such as market 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 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 as set forth herein.

3.4 Reserved.

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. During the Tenn of this Agreement, if 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. 16 891

3.5.2 Unless otherwise required by law, as determined in City's reasonable discretion, a change to the Existing Development Approvals shall be deemed "minor" and not require an amendment to this Agreement; but instead will require only the approval of City's Director of Planning; provided the change does not:
(a) Alter the permitted uses of the Property as a whole; or (b) Increase the density or intensity of use of the Property as a whole; or
( c) Increase the maximum height and size of permitted buildings; or ( d) Delete a requirement for the reservation or dedication of land for public purposes within the Property as a whole; or • •• (e) Constitute a project requmng a subsequent or supplemental environmental impact report pursuant to Section 21166 of the Public Resources Code.

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

3.6 Reservations of Authority.

3.6.1 Limitations, Reservations and Exceptions. Notwithstanding any other provision of this Agreement, the following Subsequent Land Use Regulations and fees and expenses shall apply to the Development of the Property ( collectively, the "Reservations of Authority"):
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(a) Processing fees and charges of every kind and nature imposed by City to cover the estimated actual costs to City of processing applications for Development Approvals or for monitoring compliance with any Development Approvals granted or issued. (b) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals, and any other matter of procedure.
(c) Regulations, policies, and rules governing engineering and construction standards and specifications applicable, including all uniform codes adopted by the City and any local amendments to those codes adopted by the City. ( d) Regulations imposing Development Exactions; During the initial 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 throughout the City. 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 Article 4 of this Agreement, City shall allow a credit against such subsequently adopted Development Exaction for the fees paid under Article 4 of this Agreement to the extent such fees fulfill the same purposes. ( e) Regulations that may be in conflict with the Agreement or 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 uniformly to other similar projects within the City 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 Agreement or Development Plan. Any regulation, whether adopted by initiative or otherwise, limiting the rate or timing of Development of the Property, shall be deemed to conflict with the Development Plan and shall therefore not be applicable to the Development of the property during the Term of this Agreement.
(g) Regulations which may conflict with this Agreement or the Development Plan, but to which the Owner consents in writing.

3.6.2 Subsequent Development Approvals. This Agreement shall not prevent City, in acting on Subsequent Development Approvals, from applying Subsequent Land Use Regulations that do not conflict with the Development Plan, nor shall this Agreement prevent City from denying or conditionally approving any Subsequent Development Approval on the basis of the Existing Land Use Regulations or on the basis of any Subsequent Land Use Regulation which does not conflict with the Development Plan. Upon approval of any Subsequent Development Approval, such Subsequent Development Approval shall be deemed vested pursuant to the provisions of this Agreement, without any further action by City or Owner being required. 18 893
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. This Agreement shall be construed, contrary to its stated terms if necessary, to reserve to CITY all such power and authority which cannot be restricted by contract.

3.7 Public Works. To the extent required by the Development Plan, 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 or the City, 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 And Other Development Approval Extensions. With respect to applications by Owner for tentative subdivision maps for portions of the Property, City agrees that Owner may file and process tentative maps in accordance with Chapter 4.5 ( commencing with Section 66498.1) of Division 2 of Title 7 of the California Government Code and the applicable provisions of City's subdivision ordinance, as the same may be amended from time to time. In accordance with the provisions of Section 66452.6 of the Government Code, each 19 894
tentative subdivision map or tentative parcel map, heretofore or hereafter approved in connection with development of the Property, shall be deemed to have been granted an extension of time to and until the date that is five (5) years following the Effective Date ofthis Agreement. The City's City Council may, in its discretion, extend any such map for an additional period of up to five (5) years beyond its original term, so long as subdivider files a written request for an extension with the City prior to the expiration of the initial five ( 5) year term.

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~-) 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 reasonable prices and on such reasonable 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. Development Impact Fees (DIF) shall be paid by Owner. The Development Impact Fee amounts to be paid by Owner shall be the amounts that are in effect at the time such amounts are due. Nothing contained in this Agreement shall affect the ability of the City to impose new Development Impact Fees or amend the amounts of existing Development Impact Fees. Additionally, nothing contained in this Agreement shall affect the ability of other public agencies that are not controlled by City to impose and amend, from time to time, Development Impact Fees established or imposed by such other public agencies, even though such Development Impact Fees may be collected by 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.
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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 Six Dollars ($6.00) per building square foot, which is estimated to be Forty Nine Thousand Seven Hundred Twenty-Two Dollars ($49,722.00) ("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 of the floor areas contained within the previously commercially zoned parcel, prior to the issuance of the first certificate of occupancy for the Project, and Owner shall pay the Public Benefit Fee to the City prior to the issuance of any certificate of occupancy for the Project. The Public Benefit Fee shall not increase during the Term of this Agreement.

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. If the Public Benefit Fee has not been paid prior to the expiration of the Term, payment of the Public Benefit Fee shall be waived and shall no longer be due and payable if the City, after expiration of the Term, amends the Existing Land Use Regulations so that the Project, or other uses which previously were permitted under the Existing Land Use Regulations, no longer are legally permitted.

5. FINANCING OF PUBLIC IMPROVEMENTS.

If deemed appropriate, City and Owner will cooperate in the formation of any special assessment district, community facilities district or alternate financing mechanism to pay for the construction and/or maintenance and operation of public infrastructure facilities required as part of the Development Plan. City also agrees that, to the extent any such district or other financing entity is formed and sells bonds in order to finance such reimbursements, Owner shall 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.
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6. REVIEW FOR COMPLIANCE

6.1 Annual 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. Until the Public Benefit Fee is paid, 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 a reasonable annual review and administration fee sufficient to defray the estimated reasonable 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, the City will ascertain the good faith compliance by Owner with the terms of the Agreement.

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, the City Council may modify or terminate this Agreement. Notice of Default shall be given to Owner prior to or concurrent with, proceedings under this Section.

7. PROCEEDINGS FOR MODIFICATION OR TERMINATION.
7 .1 Proceedings Upon Modification or Termination. If, upon a finding under Subsection 7 that Owner has not materially complied in good faith with the terms and conditions of this Agreement, and City determines to proceed with modification or termination of this Agreement, then City shall give written notice to Owner of its intention so to do. The notice shall be given at least twenty (20) 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.
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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 reasonably finds, based upon clear and convincing 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 pursuant to a written agreement between City and Owner negotiated and signed by both Parties and impose such conditions as are reasonably necessary to protect the interests of the City. The decision of the City Council to terminate this Agreement 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 an annual or special review pursuant to this Agreement, Owner is found to be in compliance with this Agreement, City shall issue a Certificate of Agreement Compliance ("Certificate") to Owner stating that after the most recent annual 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 an annual or special 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 annual or special review, but was concealed from 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 monetary 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 monetary 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. 23 898

8.2 Specific Performance.

8.2.1 The Parties acknowledge that monetary 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)
Subsection 8.1.1 above.

Monetary damages are unavailable against City as provided in (b) Due to the size, nature and scope of the Project, it may not be practical or possible to restore the Property to its natural condition once implementation of this Agreement has begun. After such time, Owner may be precluded from other options it may have had with regard to the Property or any portions thereof. Moreover, Owner has invested significant time and resources in the planning and processing of the Project. Owner will be investing even more time and resources in implementing the Project in reliance upon this Agreement and it is not possible to determine the sum of money that would adequately compensate Owner for such efforts.

8.3 Release. Except for non-monetary 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 monetary damages, 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 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 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 24 899
proceed to complete such actions and cure such default. The Parties may also modify this Agreement as set forth in Section 8.

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

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

9. THIRD PARTY LITIGATION

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

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

9.2 Third-Party Litigation Concerning Agreement. Owner shall defend, at its expense, including attorneys' fees, indemnify, and hold harmless City, its agents, officers and employees from any claim, action or proceeding against City, its agents, officers, or employees to 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 2.3 of this Agreement and the expiration date of all Development Approvals will automatically be extended by the longer of (i) the number of days in the period commencing on the date of filing any legal action of the type described in this Section and ending on the date that the claim, action or proceeding is either settled or fully and finally resolved in City's and Owner's favor, as evidenced by the expiration of all appeal periods with no further appeal being filed or the issuance of a full, final and non-appealable judgment or decisions; or (ii) the number of days in the period commencing on the date that a referendum conceding the Development Approvals is timely qualified for the ballot and the date that a referendum is certified resulting in upholding and approving the Development Approvals.

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

9.3 Indemnity. In addition to the provisions of Section 10.2, 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 25 900
to or in any way connected with or arising from the activities contemplated hereunder, including, but not limited to, the study, design, engineering, construction, completion, failure and conveyance of the public improvements, save and except claims and damages to the extent caused by the negligence or willful misconduct of City or its officers, agents, employees, contractors, subcontractors, and independent contractors. Owner shall defend, at its expense, including attorneys' fees, City, its officers, agents, employees and independent contractors in any legal action based upon such alleged acts or omissions. City may in its discretion participate in the defense of any such legal action.

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

9.5 Reservation of Rights. With respect to Sections 10.2, 10.3 and 10.4 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 reasonable 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

11.1 The Parties hereto agree that this Agreement shall not prevent or limit Owner, in any manner, at Owner's sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Property. City acknowledges that the lenders providing such financing may require certain Agreement interpretations and modifications and agrees upon request, from time to time, to meet with Owner and representatives of such lenders to negotiate in good faith any such request for interpretation or modification. City will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement. Any Mortgagee of the Property shall be entitled to the following rights and privileges:
(a) Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish, or impair the lien of any mortgage on the Property made in good faith and for value, unless otherwise required by law. (b) The Mortgagee of any mortgage or deed of trust encumbering the Property, or any part thereof, which Mortgagee, has submitted a request in writing to the City in 26 901
the manner specified herein for giving notices, shall be entitled to receive written notification from City of any Default by Owner in the performance of Owner's obligations under this Agreement. ( c) If City timely receives a request from a Mortgagee requesting a copy of any notice of default given to Owner under the terms of this Agreement, City shall provide a copy of that notice to the Mortgagee within ten ( 10) days of sending the notice of default to Owner.

The Mortgagee shall have the right, but not the obligation, to cure the Default during the remaining cure period allowed Owner under this Agreement.
( d) Any Mortgagee who comes into possession of the Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Property, or part thereof, subject to the terms of this Agreement.

Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of Owner's obligations or other affinnative 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.

10.2 Deposit of Legal Defense Costs. In the event of any litigation or legal challenge filed against City as described in this Section 10, 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 reasonable attorney's fees, ultimately incurred by City to defend any such claim, action, or proceeding. The initial deposit shall be the sum of fifty thousand dollars ($50,000). The Fund, once established, shall at all times contain an amount necessary to cover not less than three (3) months of budgeted or anticipated expenditures by City relating to City's defense of such claim, action, or proceeding, including any and all appeals from decisions related thereto, as such budgeted or anticipated expenditures are determined by City in its reasonable discretion. For such purposes, City may from time to time, in City's reasonable 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.

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.

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. Any modifications to this Agreement must be in writing and signed by both Parties. 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.
27 902

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 talcing into consideration the purposes of this Agreement. Notwithstanding the foregoing, the provision of the public benefits set forth in 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 ofno force and effect whatsoever.

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

This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not be employed in interpreting this Agreement, all Parties having been represented by counsel in the negotiation arid 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 4hereof.

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, shortages of material or labor, 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 28 903
shall occur, the Tenn 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 Tenn of this Agreement shall not be extended under any circumstances due to a force majeure event for more than five (5) years.

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

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

11.14 Counterparts; No Electronic Transactions. 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. In no event shall this Agreement be entered into, executed, terminated, altered, amended or modified by electronic mail or electronic record. Except as otherwise herein provided, this Agreement may be changed or modified only by written instrument signed by duly authorized officers or representatives of the Parties hereto.

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. 29 904

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

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

11.20 Authority to Execute. The person or persons executing this Agreement on behalf of Owner warrants and represents that he or she/they have the authority to execute this Agreement on behalf of his or her/their corporation, partnership, or business entity and warrants and represents that he or she/they has/have the authority to bind Owner to the performance of its obligations hereunder.
[Signatures on following pages]
30 905

SIGNATURE PAGE TO

DEVELOPMENTAGREEMENTBETWEEN

THE CITY OF FONTANA
AND CHIPT FONTANA CITRUS A VENUE, L.P.

CHIPT Fontana Citrus Avenue, L.P.,
a Delaware limited partnership
City

CITY OF FONTANA,
a California municipal corporation
By: -------------- Acquanetta Warren, Mayor
By:-------- ---- Matthew C. Ballantyne, City Manager
By: CHIPT Fontana Citrus Avenue GP, L.L.C.,
a Delaware limited liability company,
its general partner
By: CHIPT Fontana Citrus, L.P.,
A Delaware limited partnership,
its manager
By: CHI West 119 Citrus Boyle, L.P.,
a Delaware limited partnership,
its general partner
By: CHI LTH GP, L.L.C.,
a Delaware limited liability company,
its general partner
By: /J17~-tf;LD_L
Matthew D. Owen, Vice President
31 906
ATTEST:

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

BEST BEST & KRIEGER LLP
Ruben Duran, City Attorney
32 907

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.
..-,c..l$""
State of--GaH:fefflift"\ ~~
County of l)all a.S
)
)
On _ A_...p,.._,_c_;~I _Z-t--, ~Zo_:z_'-1~~· before me,~~ivL c~ 'S~c.-6a k..r (insert name of notary)
Notary Public, personally appeared _-'--~--~ ___ 1).....___._ D_w_~---- -------' 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 ~-:1at the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signa~ ~
..:-i'if~t::Jr.-.. TREVIN CHAE STUDEBAKER
g';{~':tiNotary Public, State of Texas
;~~-~-~S' Comm. Expires 04-01-2025 "';;'"r~ ••~T~ ';,,,Hr,,,,," Notary ID 129370517 (Seal)
33 908

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)
34 909

EXHIBIT A

TO DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF FONTANA AND CHIPT FONTANA CITRUS A VENUE, L.P.

Legal Description of the Propertv
Real property in the City of Fontana, County of San Bernardino, State of California, described as follows: TENTATIVE PARCEL MAP NO. 20834, BEING A DNISION OF THE FOLLOWING:

ASSESSORS PARCEL NUMBERS 0251-151-07-0-000 (AFFEClS PARCEL 1) 0251-151-10-0--000 (AFFECTS PARCEL 2)
0251-151-14-0-000 (AFFECTS PARCEL 3)
0251-151-15-0-000 (AFFECTS PARCEL 4)
0251-151-16-0-000 (AFFECTS PARCEL 5)
0251-151-41-0-000 (AFFECTS PARCEL 6)
0251-151-39-0-000 (AFFEClS PARCEL 7)
0251-151-40-0-000 (AFFECTS PARCEL 8)
0251-151-43-0-000 (AFFEClS PARCEL 9)
0251-151-42-0--000 (AFFECTS PARCEL 10)
0251-151-09-0-000 (AFFECTS PARCEL 11)
0251-151-44-0-000 (AFFECTS PARCEL 12)
0251-151-19-0-000 (AFFECTS PARCEL 13)
0251-151-20-0-000 (AFFECTS PARCEL 14)
0251-151-21-0-000 (AFFECTS PARCEL 15)
0251-151-22-0-000 (AFFECTS PARCEL 16)
0251-151-05-0-000 (AFFECTS PARCEL 17)
0251-151-18-0-000 (AFFECTS PARCEL 18)
0251-151-06-0-000 (AFFECTS PARCEL 19)
0251-151-03-0-000 (AFFECTS PARCEL 20)
0251-151-04-0-000 (AFFECTS PARCEL 21)
P-Y!CEI. 1;
1HE EAST I ACRE Of K IIEST 2.87 ,\<:A[S CE lltE EAST 11.74 ACRES DF THE SllUTH n:n ACRES DF LOT 1, M:C0RIIING TD Pl.4'T 91CMING SUl!DI\IISlON OF LAHOS BB.ONGING TD Sflll-TIIOPI:: LAICl NC! fiA'ER CIIIIPANY, PfR PLAT RECORDED IN 9Ca< II Of IMPS, PACE 12, RECORDS OF :;AJO COUNTY, AREI-S lol-lO OIST,f,NC&S COl!PVlED TO SlREET CENTERS. EXCEPTING ~Olln-1 150 FEET THE!lEOFPAl!CEI. 2. lHE EAST 1.00 ACE Ill' lH~ 'ilESl 3.03 "~ Of TitE S0U1H 11.n AatES Of lDl 741. /\CCOIIDING TO M•P SHOWIN<: suetlMSI~ or LAIIOS IIELONCING TO lHE $El,U-TRCPI(: I.AliP ANO WATER c;c,l,IPANY, Ii THE CITY OF FONT~A, COUNTY Of SAN BEIUIAIIDINO. ST A TE Of CAI.IFORIIIA. AS PEil - llEIX!l!DC) Ill Boa< 11 Of IIAPS, PACE 12, RECOROS Of SAID COIJN'l'I. AREAS ANO DIST"NCES ~ COMPUTEO TO STREET cetTEl!S.

PARCEL l<
11£ WEST 92 mT Cl' 11£ NOlln-1 1>2 IET OF 1HE eT 2-32b ,.,c,e; 0f lltE EAST II lllli ACPES CE lltE NOftlH 11.7~ ACllfS OF FARSI LOT 7~1. AcctffllNC Tl) MAP SHOWING S!.IBDIVlSIO!I OF LAliDS l!WJ,ICIHC 1l> 1HE SOIi-TROPiC Ll,NO AND WATER COMPANY, IN lltE CITY OF FONTNIA, COUNl'r Of SAH BERNARDl!tO, STATE ar Cl,LIFORNIA. AS PER 11/\P Pl.AT RECORDEI) IN BOOK 11 OF NAPS. PMZ 12, DI" ·MAPS, REOORCS OF SAIO COUNTY. IN TitE cma: OF IHE COUNTY RECCRCED OF SAID COUNTY. EXCEPTING lME~OU T14'. NOlllH 10 FEET 1M£RD)F, ALSO El(CEJ>TI~G lHa!Ell!OM ALL OIL, CAS, H'l'DIIOCNIOONS ANO IIIIIER.ll.S IN 011 UHDEJI ~ LANO 8EI.OW A DEPTH OF 500 FEET WlHOOT 1HE RICIIT OF EIITRY \Jl'ON M SURFACE lHERBF, AS RESERVED Ml 11£ DEED fR(),I EOUITABLE SAffiGS ANI> LOAN ASSOCIATlOI,, A OCRl'OIU.llOH, AECOl!DEIJ CJCTOIIER 6, 1!169, IN 800k 7315. PAGE 3J. Cl'TICIAI. l!EXXlRDS. NO'E AREAS AND DISTANCES ARE COIM'IJTED 10 51111n CBITERS.

PARCEL •
1HE WEST !Ill FEET OF 1HE EAST 166.1& FEET Of 1HE YEST 2.325 M:RES Of 11£ EAST 6.19~ ACRES OF 1HE 11011TH 11.75 AatES Of FARM LOT 741, ACCOfiOtlG 1tl MAP SHOWING SJ!IIIIY1SIOII CF LANDS flEUlNCIHG 11> lHE SEt,11-lROPIC LAND /IND WATER COMPANY, AS PER PUT REOORDEJ) It llQOI( 11 CF MAPS, PAGE 12. IN Tl£ Cf1Y or FONTN<A, C0U'llY or SAN 8ERNMll)INO; EXCEPT THE SOUTH 180 FEET; ALSO El(CEJ>T 1HE HORlll !O FEET RESER'IED FOIi ROAD POIIPOSES. NOlE. AREAS ANO DISTANCES Of 1HE A80\,£: DESCl!IBEIJ FAOf'ERTY ME Call'lfED 1l> 11£ CENTER Of AIJJtl~ING SlRE:ETS AHO ROAJ>S, AS SHO'ON OH SAID MAP.

PAR~EL 5:
1HE EAST SIU& FEET OF !HE '/£ST 2 . .125 ACRES OF THE EAST 8,195 ACR£5 OF lHE IIORlH 11 .75 ACRES 0f FARM LOT 741, ACCORIIING TO MAP SHOWINC SUllOMSION OF LA~ BELONGING TO 11£ Slljl-11fOl'IC LANO ANO Wlil?R COMPANY. IN 'I!£ COUNTY OF SAN BERNARDIIIO, ST .. lE OF CAIJfllFINIA, AS PER l'U\ T RfCOIIDto IN 9001< 11 OF U""S. PACE{S) 12, RECORDS OF SAID OCUOf!Y, EXCCPT lME NOR TM 10 REI' 1HERECF RESERVEO FOR ROA() PURPOSES. ALW ElCCEl'TI~ll "I.EJl:EFROl,I lltE SOUTit 180 FEET. AREAS .\NO OISTANCES Of 'If£ ABO',£ OESClllBEll SU90114SIO<l l'tOIC.ATE 'IIAT Tl£ Sid,!£ ARE COMP\JlED TO STRWCEl,l'ERS. 35 910
PARCEL 6:

THE NORlH 142 FEET OF lHE EAST 85 FEE1 OF 1HE WEST 3,555 M:RES OF lHE NCRlll 11.75 ACRES OF LOT 741, Ei<CEPT THE l!Mlll 10 FEET, MEASIJRED TO STIIEET CEll'ltR UNES, AS PER MAPS SHOWt.lC SUBOMSION OF I.ANDS BELONGING 10 SEMI-TRCf'IC I.ANiO AND WATER ca.lPANY, AS PER MAP RECOROED IN 9001< 11 PAIZ 12 OF' t.lAJ>S, RECORDS Of SAID COUNTY. NOlE: AREAS AND DISTANCES Of lHE /\BO\/!: DESCRIBED PROPERT't ARE COUl'UlED TD THE CENTER Of AOJ(OIING SlREETS AND ROA OS, AS SHQ'MII ON 'S,6.ID MAP, PAACa 7;
PARCEL A: THE SOUTH 160 FEET OF THE EIIST 80.16 FEET Of lHE WEST 2.325 ACRES Of THE EAST 8.195 ACRES Of THE NORll-l 11,75 ACRES OF' F'ARM LOT 741, ACCOROING TO 1.4.IJ> SHO'l'ANG SUBOIVISION OF LAHOS 8ELONGING TO lHE: 5011-TRDPIC LA~ AOO WAlER COMPl,NY, ll'f THE COUh·T~ OF SAN BERM'AROl'40, ST"-lE OF CALEOIINIA, AS PER PLAT llECORDm I~ SOOK 11 OF MAPS, PACE(S) 12. ~DS Of SAID C()OO,ITY A~Eo\S ANO OISTAlfCES C0i',lf'\JlED TO ST!IEET CElflDS AS SHOW<I OIi SAil M"1',

PARCEL B,
THE SOUTH 160 f!E:T OF THE \EST lie FEET OF THE EAST 1&&-16 FEET <1f" THE: WEST 2-325 ACf!ES OF THE EAST 8.195 ACRES Of 1HE: NO!lTH 11. 75 ACIIES OF FA/11,1 LOT 741, AOC~II«: 10 l,llif' SH0¥11NG SUBDIYISION OF LANDS BELONGING 10 THE SEMI-TROPIC LANO AND WATER COMPANY, IN 1lE COONlY Of SAN BERNARDINO. STA'IE Of" CALIFOfilllA,. AS PER PLAT RE<:ORDEO IN BOOK 11 Of MN'S. PAGE{S) 12, RECORl)S Of s...iD COUNTY.

AREAS AND DISTANCES COMPUTED TO SlREET CENTERS AS SHO't!ti ON SAID MAP.

PAACa C:

THE MST 2.32!, ACRES Of' THE EAST 8.19!> ACRES Of' Tl£ NORTH 11.75 ACRES OF FARM LOT 741, ACCORDING TO MN' SHO'MNG SUBDIVISION 17 LANDS Bfl.CN(;IMG TO THE SEMI-TROPIC LAND AND WATER COUPANY, IN THE COUNTY OF" SAN BERNAROINO, STA TE OF CALIFORNIA, AS PER PLAT RI.CORDED IN BOOK 11 OF MAPS. PAGE(S) 12, RECORDS Of SAID CO~TY. EXCEPT lH~EFROM THE MOR1H 132 FEET OF THE: 'l'l5T 92 FEEI ALSO El<CEPT THEAEF'ROM THE EAST 155.15 FEET, AND AL'SO ExC!D'T THEREFl!OM, THE ll0fl111 10 FEET RESERVED f'OR ROAD PURPOSES.

ARE"5 AND DISTANCES COMP\JTED TD SlREET CENTERS AS SHOWN OH SAi) MAP.

PAACa II·
THE EAST 1117 FEET Of" THE: WEST 3.!>~~ A~ES OF THE M:IATH 11.75 ACRES ae F'MM LOT 741 , o\COORtJINC TO MAP SHO'MNG ~DIVISION Of LAHOS BELONGING TO lHE SEMI-TROPIC LAND Nil WATER COMPANY. IN THE COUNTY OF SAM BERNARDINO, STATE OI' C"1.JFCRHIA. AS PER PLAT RECORDED 1M BOOK 11 OF MAPS, PAGE(S) 12, RECORPS CF SAID COUNTY.

El<CEPllNG THE~OU THE: NOR111 -42 FEE1 OF lllE: E"AST 115 FEET, ALSO ElCCEPT THEREffiOl,l THE MO!tlll 10 FEET RESERIIB) FM ROAD PURPOSES.

ALSO El<CEPT THER~ PORTION OF' 11IE LAND 00N\€1'ED TO THE CITY CE FONTANA, A lklNICIP Al CORPORATION IN GKIIHT DEED RB:ORDED JJNE 211. 2010 o\S lNSll!Ut.lEIIT NO. 2D10- 0257563 Of (]fACIAL RECORDS.

AREAS AND DISTANCES COMPUTED TO S'IREET CDITERS AS SIIO¥N OIi SAIi) MAP, PARCEL 9·
THE NIIR'IH 1~ FEET Of THE YiE'ST 1.67 ACRE5 Cf" THE EAST 7.74 ACJ!ES Of lHE SOUTH 11.71 A~ES Of f'ARM LOT 741, ACCORDING TO MAP SHOWING SUBlll\olSICIII Of LAlllS BfUINGING TO THE SElll-'IROPIC LAND AN!) WATER COMPANY, IN 11-1£ COVNTY OF SAN BERNAADIIIO. STATE Of CAIJF'QANIA, AS PER PLAT IIECORDED IN BOOK 11 OF MAPS. PACE{S) 12, RECORDS OF S1110 OOIJNTY, ARE.-.S ANO DISTANCES C01itPUlED TO STI!EET COfTEllS .AS SHOWN Oli SAID MAP, P.-.RCEL 10;
THE \IIEST 3.5$5 ACRES OF' THE NORTH 11. 75 AQIES OF FAIIU I.QT 741. ACt.ORDN<l TO MAP $MOWING SIJ8DIVISIO!o a" LANDS ea<:NGIIIG TD THE SEt,11-'TRCPIC LA,110 ANO WA~ COMP,6.11'1, IN THE COUWTY OF SAA BERNARDINO, STAlE: OF' CALIF~ .... AS PER Pllt.T RECORDED IN BOOk 11 OF IIAPS. PAGE(S) 12, RECOROS OF S,r,JO COU~TY.

EXCEf>T THEREl'R<IM THE EAST 197 FEET THEREOF.

ALSO EXCEPTitlG 'IHEREFROII THE NORTH 1D FEET THEREOF', AS CONYE'!ED TO THE COiJNTY OF SAJ,1 BERNAROINO, BY A DEEO RECOROED 'SEPTEIIIBER 24, 1920. IN SOOK 134, Pf,,1,£. 3611, Ofl'ICIAL RECORDS, ALSO EltCEPTilolO 1HEJIEFR0'A 1llAT ~llON Gf!M!TED ~ 111E STATE OF CAUFORNI.\, BY A DEEi) RECORDED FEBftuAAY 24, lll511. llf BOOIC 4#4, PAGE 60, OFFICIAL IIECORDS. ALSO El<CEl"T THEREFROM PORTION! Of" 111E LAND CON\OED TO THE CllY OF FONTANA,. A IWNICIPAL CCJ!l"CRATION IN GRN-IT DEED RECORDED ..ONE 28. 20!0 "S INSlRlllolENT NO. 2D10-025756J OF OfflCIAL RECORllS.

AR£AS AND DISTANCES COMPU'l'Ell TO S'IREET CENTERS AS SHO'MI ON SAIO MAP, PAACa 1t:

THE WEST I ACRE Of THE EAST !1.74 ACRES a'" THE SllUTii 11.77 ACRES Of FARM LOT 74'1. ACCORDING TD t.lAP SHOWING SUBDl..,SION Of" LANDS BELONGING 1D THE SEMI-TROPIC LAND AND WA"IER COMPANY, IN THE COUNTY OF' SA)I 8ERNARDIM0,. STATE OF' CAUF'ORNJA, AS PER PLAT RECOROEP IN 900K 11 OF' lotAPS, PAGE(S) 12, RECOROS OF SAIO COONTY.

AREAS ANO DISTAlfCES COI.IPtJlED TO S"mEET CENlERS AS SIIOW'I 0~ SAil IIIAP.

P~CEI.. 12:

THE !/EST 0.87 A~ES QF' THE EAST 7,74 >-CRES OF 1HE SOOTH n.n ACRES (lF'" F'ARl,I LOT 741 ACCORDING TO SUBDIVISION OF LAIIDS BELONCING TO SEMl-moPIC LNID ~O WAT~ ~Al<'I', AS PER PLAT RECOROEO IN 900k 11 OF ,n,.Ps. PAGE 12, RECORDS OF' SAID ~TY
E:xCEP'llNG THEREFROM THE NMlH U,O FEET.

NOlE! AREAS AND DISTAliCES OF 1HE AOO'-E OESORIBED PROPERTY Acl'IE cotl?UTED TD THE CDITER Of ADJOINING SlREETS ANO ROADS, J,S SHO'IIN OH SAID UM'.
36 911
PARCEi. tJ;
lllE EAST 93 FEET OF lHE WEST 186 FEET OF lHE ¥1£ST 2.8& ACftES OF THE EAST &.87 ACRES OF lHE ltORTII 11.7li ACRES OF FARM LDT 741, ACCORDING TO PLAT SHCllfllNG SUBDIVISION Of LANDS BEl..0NGING TO TIIE SEMl-ll!IPIC LAND AND W"-1ER COMPANY. IN THE CITY (J'" FONTAN,\, COUNTY <J'" SAN BERNARDINO, STATE: OF CALIFOID!IA, AS PER PLAT RECOROEO IN 900K 11 OF WAPS, PA<lE 12 RE:C~OS OF SAIO COVNTY, ElCCEJ>llttG lHEllEFROM lHE NORlHERLY 10 FEET FCfl R"OAD PURPOSES.

MEAS AMO DISTANCES COMPUTED TO STREET CENTffiS.

PARCEi. 14:
111£ WEST ~3 FEET OF 1HE: EAST 1~ FEET OF lHE ¥!EST :i!.116 A~ES OF TME EAST 5,117 ACRES OF lHE ltORlH '1,75 ACRES OF FARM LOT 741, AC~ING TO lHE t,IAP SHO\IIING SIJBDIIIISIOff OF LANDS 8El.ONGINC "R> lHE SEMI-TROPIC LAl-lD A-'11D WA"IER COMP~Y, IN lHE CITY OF FOtfll,NA, COONTY OF SAA 8ERNARDIH-O, STATE OF CAUFORtllA. AS PER PLAT RECORDED IN !tOOk 11 OF MAI'S. PACE 12 RECORDS OF S,r.JO COUNTY.

EXCEPTING THEREFROM THE NORlHERLY 10 FEET f~ ROAD PURPOSES.

MiEAS ANO DISTANCES COMPLITED TD STREET CENTERS.
f'Aft.CEI.. i~;
THE EAST ~3 FEET Of THE M:ST 2.66 ACRES Of THE EAST 5.87 ACRES Of THE NORTH 11.75 ACRES Of LDT 741, ACCOIIDIMG TQ lol.6P Sl-10\IIING SUBPIYISION 0F LANDS BELONGING TQ TME SDl-lROPIC LANtl ANO WATER CO., IN lHE CITY OF F"ONTAJll4, COUNT'I OF SAN ~NAAOl~O, STATE OF CALIFORNIA, AS PER PLAT RECoi:tDB.l IN 8001< 11, PACE 12: OF MAPS, IN lllE OFFICE OF THE COUNTY RECORDEll OF SAID COUNTY, EXCEPTING lHE NORTHERLY 10 FEET RESERl,EJ'J FCR ROAD f'~POSES.

AREAS AND OISTMICES OF THE A80\IE DE.'SCRIBED PROPERTY AAE COMPUTED TO THE CENlER LINE OF ADJOINING STREETS MID ROADS.

PARCEL 18;
lllE EAST l_Gl A~ES OF lHE NORlH 11,7ti ACftES OF FARM I.OT 1, ACCMDtNC TO MAP SHOWIMG SUBOI\IISION OF LAND'S BELONGING TO THE SEMllROPIC I.N'lD AND WAT"Ei( COMPANY, COUNTY OF SMI BERNARDINO, ST"-lE Of CALIFORNIA, AS PEii PLAT RECORDED IN BOOK 11 OF MAPS, PAGE 12, RECORDS OF SAID OOUHTY.

E>CCEPTINC lHEREFROl,j lHE EAST 134 FEET lHEREOF,
ALSO EXCEPTING lHEREFftOl,I THE NO!llH 10 FEET TO BE RESERVED F~ ~D PURPOSES.

AREA ANO DISTANCES COMPIJTED TO STREET CENTERS.

PARCEL 17:
lllE WEST 1,◄ J ACRES OF lHE EAST ::i,67 o\CIIES OF" lllE SOOlH 11. 77 AQlES OF FARM LOT 7.f1. ACC~OING TO l,fAP SHO\'IINC ~BDI\/ISlOM OF" Li\Nll'S BEI..CNCIHC TO lHE SEMI-TROPIC LANO N-10 WATEll ca.->Alf'I', IN lllE COUNTY OF S~ BERNARDINO, STAlE OF" C.,,LIFOftNIA. AS PEN PLAT RECORDED IN BOOK 11, 1'AGE 12 OF MAPS, AECOMJS OF SAID COUNTY.

EXCEPTING THEREFROM THE IIIEST 60 FEET lHEREIJ'".

ACRES AN~ DISTANCES CQUPUTED TO STREET CENTERS.

PAACEl 18;
THE WEST 9l.OO FEET OF THE WEST 2.86 ACRES OF THE Eo\ST 6.87 ,.CRE!i OF THE NORTH 11.76 ACRES. OF FARM LOT 741, ACCORDING TO THE MAP SHOWING SUIIOI\IISION Of LANDS BELONGING TO THE SEIIII-TROPIC UNO AND WATER CQ., IN THE: COUNlY OF 5"' BERNAROll>IO. STATE: OF" CALIFORNIA. AS PER PLAT RECOROED IN 8001< 11, PACE 12 QF MAPS, RECORDS OF S/1.ID COUNTY, EXCEPTINC lHE NORTH 10.00 FEET FOR ROAD PURPOSES, AREAS At.ID DISTANCES ,ARE COMPUTED TO STREET

CORNERS
PARCEL 19:
lllE WEST 60 FEET OF THE WEST 1,43 ACFIES <F lHE EAST 5 67 ACRES OF lllE SOU'Tll 11,77 ACRES OF FAAM LOT 741, ACCOROINC TO l,IAP SHOWINC SUBDIIIISION OF L"'4DS BELONCINC TO lHE SElill-TRoPIC LA!oiO ANO WATER CQl,IPANY, "·S PER MM' RECOROEI> IN BOOk 11, PACE 12 Cf" M,,PS, IN lHE OFFICE OF lHE C.OUNTY RECORDER OF SAID COUNTY. i,C:,CEAGE OF THE ASO\IE OESC'l!IBE"O LOT IS COMPUlEI> TO THE CBilER Of ALL AOJONING STREET AND ROADS. AS SHO!m CN SAID MAP.

EXCEPTING lHEREF"ROM ANY PORTl0N OF SAID LANO L'\1NG WITHIN lHE LINES OF A'lY PUl.'ILIC: RIGHTS, QF WAY.

PAACEl 20:

THE WEST 200 FEET OF THE E,\ST 3.01 ACRES OF THE SOUTII 11.11 ACRES OF FARM LOT 741. ACCO!ltDING TO MAP SHOWING THE SUBDIVISION OF LANDS BELONGING TD THE SEMI-TROPIC LAND A.HD WATE!! OCMPANY, IN THE CllY OF F"QNT.1,NA, COIJNTY OF $AN BERNARDINO. STATE: OF CAUFQRNIA, AS PER PLAT RECOROED IN BOOI< 11 OF l,IAPS. PACE: 12, RECOROS OF SAID COi.lNTYPARtEL 21:

THE WEST ONE AND FORlY-lHREE HUHDREOTHS (UJ.) ACRES CF THE EAST FOUR AND FORT'l'FOJR HUNDRE01HS (4.44) ACRES, -OF THE -SC\llH E1£11E\1 AND SEVENTY-SE:',£N Hl,IN~REtlTHS (11.17) ACRE:$ OF" FAAM LOT NO. 741 ACCORDING TO THE MAP OF I.ANOS IN lllE SA!ol BERNARDINO COUNTY. CAUFQRtollA, BELONCINC TO lHE SOII-TRoPIC LAND ANO WATER COI.IPANY, llECCllDED 11-1 BOOK 11, AT PACE ~2, RECORDS OF SAIC COUNT'1.

MEASUREMENTS COMPt.llED FROM <:EJ,j~ OF /t.OJOlhlNG STREET. 37 912

EXHIBITB

TODEVELOPMENTAGREEMENTBETWEEN
THE CITY OF FONTANA AND CHIPT FONTANA CITRUS A VENUE, L.P.

Map Showing Proiect Location
t
NORTH
38 913

EXHIBITC

TODEVELOPMENTAGREEMENTBETWEEN
THE CITY OF FONTANA AND CHIPT FONT ANA CITRUS A VENUE, L.P.

Development Approvals

SITE PLAN
IOYi.t HE.NIJE
_ _J_ i __ LJ_L_l_J _ _i __ J_L '-+ '
1111111111
TENTATIVE PARCEL MAP NO. 20834
39 914

ELEVATIONS
oa no □□noon□ DDoo □□□□□o ooh 000:0000 000000 Ii II Ii II W ii SOUTH ILI.YATtoN I 1 I
NOftTH 11.SVATION I 3 I
WEST ILIVATfON I -4 I
GENERAL PLAN DESIGNATION - LIGHT INDUSTRIAL (1-L)
40 915
ZONING MAP DESIGNATION - LIGHT INDUSTRIAL (M-1)
41 916
ATTACHMENT NO. 16

Page 1 of 2 ends

Draft Planning Commission Meeting Minutes March 19, 2024 – Item PH-C PH-C Master Case No. (MCN) 22-115: General Plan Amendment (GPA) No. 22-009, Zoning District Map Amendment (ZCA) No. 22-009, Tentative Parcel Map No. 22-029 (TPM No. 20834), Design Review (DRP) No. 22-054, and Development Agreement (AGR) No. 23-096 - A request to amend the General Plan land use designation from Community Commercial (C-C) to Light Industrial (I-L), and a Zoning District Map Amendment to amend the zoning designation from Community Commercial (C-1) to Light Industrial (M-1) for approximately 0.9 acres, a Tentative Parcel Map to consolidate twenty-one (21) parcels comprised of approximately 15.8 acres into one parcel, Design Review for the site and architectural review for the development of an industrial commerce building totaling approximately 355,995 square feet within a project site comprised of approximately 15.8 acres, and a Development Agreement to include the payment of a public benefit fee, pursuant to a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program.

Chair Fort opened Public Hearing.

Irene Romero, Associate Planner, presented the staff report.

The Commission and staff discussed the location of the project’s employee parking and truck entrances.

Another discussion took place regarding homes near the project site and truck traffic restrictions on Slover and Boyle Avenues.

Lastly, the commission and staff discussed the public benefit fee associated with the project.

City Attorney, Steven Deitsch, noted the memorandum that was provided to the commission and recommended staff amend the current modification to condition of approval #44 by including additional verbiage.

The applicant George Garcia, on behalf of Ownership, stated that he read and agreed to the Conditions of Approval and to the amended modification to condition of approval #44.

The applicant spoke regarding his efforts to reach out to property owners on Oleander Avenue and intentions to use local labor and workforce unions for the construction of the project.

The City Clerk’s Department received four (4) written correspondences in opposition of this item.
917
ATTACHMENT NO. 16

Page 2 of 2 ends

The following individuals spoke in opposition:
• Elizabeth Sena
• Joaquin Castillejos
• Miguel Munoz
The following individuals spoke in favor:
• Jeffrey Scott
• Jessie Suazo
• Thomas Ruiz
• Brian Ochoa
The Public Hearing was closed.

RECOMMENDATION:

Based on the information contained in this staff report and subject to the attached Findings and Conditions of Approval, staff recommends that the Planning Commission adopt Resolution No. PC 2024-019, and forward a recommendation to the City Council to:

1. Adopt a resolution approving the Initial Study/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. 22-009; and,

3. Adopt an ordinance approving Zone District Map Amendment (ZCA) No. 22- 009; and,

4. Adopt a resolution approving Tentative Parcel Map No. 22-029 (TPM No. 20834); and,

5. Adopt a resolution approving Design Review No. 22-054; and,

6. Adopt an ordinance approving Development Agreement (AGR) No. 23-096.

ACTION: Motion was made by Secretary Quintana and seconded by Commissioner Thrasher and passed by a vote of 4-0 to approve Public Hearing Item “C” and adopt Resolution PC No. 2024-019 approve Tentative Parcel Map No. 22-029; Design Review No. 22-054 and Development Agreement (AGR) No. 23-096.

The motion carried by the following vote:

AYES: Chair Fort, Secretary Quintana, Commissioners Sangha and Thrasher; NOES: None; ABSTAIN: None. ABSENT: Vice Chair Sanchez
918
City of Fontana
Action Report
Planning Commission
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2907 Agenda Date: 3/19/2024
Agenda #: PH-C Category: Public Hearing
FROM:

Planning Department
TITLE:

Master Case No. (MCN) 22-115: General Plan Amendment (GPA) No. 22-009, Zoning District Map Amendment (ZCA) No. 22-009, Tentative Parcel Map No. 22-029 (TPM No. 20834), Design Review (DRP) No. 22-054, and Development Agreement (AGR) No. 23-096 - A request to amend the General Plan land use designation from Community Commercial (C-C) to Light Industrial (I-L), and a Zoning District Map Amendment to amend the zoning designation from Community Commercial (C1) to Light Industrial (M-1) for approximately 0.9 acres, a Tentative Parcel Map to consolidate twentyone (21) parcels comprised of approximately 15.8 acres into one parcel, Design Review for the site and architectural review for the development of an industrial commerce building totaling approximately 355,995 square feet within a project site comprised of approximately 15.8 acres, and a Development Agreement to include the payment of a public benefit fee, pursuant to a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program.

RECOMMENDATION:

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

1. Adopt a resolution approving the Initial Study/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. 22-009; and,

3. Adopt an ordinance approving Zone District Map Amendment (ZCA) No. 22-009; and,

4. Adopt a resolution approving Tentative Parcel Map No. 22-029 (TPM No. 20834); and,

5. Adopt a resolution approving Design Review No. 22-054; and,

6. Adopt an ordinance approving Development Agreement (AGR) No. 23-096.

APPLICANT:

MIG, INC
1650 Spruce Street, Suite 106
Riverside, CA 92507
LOCATION:

The project site is located on the north side of Slover Avenue, south of Boyle Avenue, south of City of Fontana Page 1 of 5 Printed on 3/13/2024
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File #: 21-2907 Agenda Date: 3/19/2024
Agenda #: PH-C Category: Public Hearing
The project site is located on the north side of Slover Avenue, south of Boyle Avenue, south of Interstate (I) 10 freeway, west of Citrus Avenue and east of Oleander Avenue. APNs: 0251-151-03 through -07, -09 and -10, -14 through -16, -18 through -22, and -39 through -44.

REQUEST:

1. General Plan Amendment (GPA) No. 22-009 - A request to amend Exhibit 15.8 in Chapter 15 (Land Use, Zoning, and Urban Design) of the General Plan to amend the General Plan land use designation from Community Commercial (C-C) to Light Industrial (I-L) for APN 0251-151- 20, consisting of approximately 0.9 adjusted gross acres.

2. Zoning District Map Amendment (ZCA) No. 22-009 - A request to amend the Zoning District Map from Community Commercial (C-1) to Light Industrial (M-1) for APN 0251-151-20, consisting of approximately 0.9 adjusted gross acres.

3. Tentative Parcel Map No. 22-029 (TPM No. 20834) - A request to consolidate twenty-one (21) parcels comprised of approximately 15.8 acres into one parcel for the development of the project.

4. Design Review (DRP) No. 22-054 - A request to review the architecture, site design and associated improvements for an industrial commerce center building totaling 355,995 square feet on a site comprised of approximately 15.84 acres.

5. Development Agreement (AGR) No. 23-096 - An agreement to include the payment of a public benefit fee.

PROJECT PLANNER:

Irene Romero, Associate Planner
BACKGROUND INFORMATION:

A. Existing Land Use Designation:

General Plan Zoning Existing Land Use
Site: Light Industrial (I-L) and
Community
Commercial (C-C)
Community
Commercial (C-1) and
Light Industrial (M-1)
Vacant
North: General Industrial (I-G) General industrial (M-2) Non-Conforming uses/Vacant/Ware
house
South: General Commercial (C
-G) and Light Industrial
(I-L)
General Commercial (C
-2) and Light Industrial
(M-1)
Vacant/Warehouse
East: Light Industrial (I-L) Light Industrial (M-1) Non-Conforming Residential uses
West: Light Industrial (I-L) and
Community
Commercial (C-C)
Light Industrial (M-1)
and Community
Commercial (C-1)
ARCO gas station/
Citrus Avenue
Overpass
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File #: 21-2907 Agenda Date: 3/19/2024
Agenda #: PH-C Category: Public Hearing
South: General Commercial (C
-G) and Light Industrial
(I-L)
General Commercial (C
-2) and Light Industrial
(M-1)
Vacant/Warehouse
East: Light Industrial (I-L) Light Industrial (M-1) Non-Conforming Residential uses
West: Light Industrial (I-L) and
Community
Commercial (C-C)
Light Industrial (M-1)
and Community
Commercial (C-1)
ARCO gas station/
Citrus Avenue
Overpass
ANALYSIS:

The applicant, MIG Inc., is requesting that the Planning Commission review and forward a recommendation of approval to the City Council for a General Plan Amendment, Zone Change, Tentative Parcel Map, and Design Review to facilitate the construction of a 355,995 square feet industrial commerce building on a 15.84-acre site. The applicant has also prepared a development agreement for consideration that includes a public benefit fee.

General Plan Amendment (GPA) No. 22-009
The current general plan land use designation is Light Industrial (I-L) for APNs: 0251-151-03 through -07, -09, -14 through -16, -18 through -22, and -39 through -44 and Community Commercial (C-C) for APN 0251-151-10 which does not allow for industrial commerce center (warehouse) uses. Therefore, the applicant has applied for a General Plan Amendment to amend Exhibit 15.8 (General Plan Land Use Map) as part of Chapter 15 of the General Plan and change the General Plan land use designation of APN 0251-151-10, a .89-acre parcel from Community Commercial (C-C) to Light Industrial (I-L) as shown in Attachment No. 3. This amendment would create consistency amongst the project parcels and would remove a small area that has not developed commercially to date, nor would it be well placed to do so in the future based on its size and location. The amendment would support General Plan 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 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.

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File #: 21-2907 Agenda Date: 3/19/2024
Agenda #: PH-C Category: Public Hearing
Zoning Change Amendment (ZCA) No. 22-009
The proposal would amend the zoning district map (Attachment No. 4) from Community Commercial (C-1) to Light Industrial (M-1) of property APN 0251-151-10, approximately .89-acres total. The Zoning District Map amendment would ensure that zoning for the project site is consistent across the subject areas, as well as consistent with the proposed General Plan Amendment.

Tentative Parcel Map No. 20834 (TPM) No. 22-029
The applicant has filed for a Tentative Parcel Map to consolidate twenty-one (21) parcels of approximately 15.8 acres into one parcel for the development of an industrial commerce center building. As part of the project the developer will also construct all on-site and off-site improvements per the City Standards. The consolidated parcels meet the development standards of the light industrial zoning district and will support the development of a new industrial facility.

Design Review (DRP) No. 22-054
The project includes the development of an industrial commerce center building. The industrial commerce center building has been designed with a combination of office and industrial areas and will contain approximately 355,995 square feet of floor area. The developer will construct the necessary on-site and off-site improvements required by city standards. A gate-secured truck court with 50 loading docks is proposed on the south and west side of the building. The building’s tower entries, glass features, painted bands, 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 guidelines of the Light Industrial (M-1) design guidelines.

Landscaping would be ornamental in nature and would feature trees, shrubs, and drought-tolerant accent plants in addition to a variety of groundcover.

The project site is physically suitable in size and shape to support the development of the proposed industrial commerce center building. The applicable building codes, zoning codes, and fire codes and standards will be incorporated and will make for a safe, attractive, and well-designed project. As proposed, the project site is consistent with the standards of the Light Industrial (M-1) Zoning District.

The proposal has been designed to be compatible with the industrial uses of nearby, while also providing a development that has been designed with features (architectural relief, added landscaping along the north and south side of the property, street improvements, and lighting), to enhance the character of the area. The project further meets all the requirements of the recently adopted Industrial Commerce Centers Sustainability Standards Ordinance.

Grading / Walls
The area surrounding the building will drain to the south with the use of underground chambers towards Slover Avenue. The project site will have three (3) eight-foot-tall sliding gates for the loading areas and a 14-foot-high screen wall surrounding the south, east and west project area.

Circulation / Grading
Trucks will have access from two southwest driveways on Slover Avenue and passenger vehicles will have access from separate driveways on the northern and southern portion of the site. Trucks will be traveling south and north from Citrus Avenue and east and west from Slover Avenue to and from the project site to access the 10 freeway.

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File #: 21-2907 Agenda Date: 3/19/2024
Agenda #: PH-C Category: Public Hearing
Development Agreement (AGR) No. 23-096
The proposed project includes a development agreement for the provision of a public benefit fee of $49,722.

Public Communication:

Staff received one (1) comment (Attachment No. 8) in opposition to the project that relates to acquiring the residential sites along Oleander Avenue to square off the proposed development and the location of the warehouse abutting the residential properties along Oleander Avenue.

Environmental
An Initial Study (IS), Mitigated Negative Declaration, and Mitigation Monitoring and Reporting Program has been prepared for this project pursuant to the California Environmental Quality Act (CEQA) and the 2019 Local Guidelines for Implementing CEQA. Based on the information in the IS, the project would not have a significant effect on the environment as a result of the project implementation and the Mitigated Negative Declaration, and Mitigation Monitoring and Reporting Program; a Notice of Determination has been prepared for the Planning Commission’s consideration.

The mitigation measures from the Mitigation Monitoring and Reporting Program are included herein as part of the Conditions of Approval. The IS/MND for this project can be found at <https://www.fontanaca.gov/2137/Environmental-Documents>.

MOTION:

Approve staff’s recommendation.

ATTACHMENTS:

1. Vicinity Map

2. Project Plans

3. Existing/Proposed General Plan Land Use Designation Exhibit

4. Existing/Proposed Zone Change Exhibit

5. Planning Commission Resolution, Findings and Conditions of Approval

6. Development Agreement

7. Notice of Determination

8. Public Communication

9. 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

VICINITY MAP
DATE: March 19, 2024
CASE: Master Case No. 22-115, General Plan
Amendment No. 22-009, Zoning Code Amendment
No. 22-009, Tentative Parcel Map No. 22-029,
Design Review Plan No. 22-054, Development
Agreement No. 23-096
NORTH

CITY OF FONTANA PLANNING DEPARTMENT
9246
Scale
Job No.

Date

CITRUS & BOYLE
Fontana, CA
2023-0244
2024-02-22
G1
Copyright © AO, LLP 2024

COVER SHEET
DISCLAIMER:

SHEET INDEX

PROJECT TEAM
OWNER:

CHIPT FONTANA CITRUS

BOYLE LP
572 W. 7TH STREET, SUIT 200
LOS ANGELES, CA 90014
(909) 358 - 7715
CONTACT: PHILIP J. PRASSAS
ARCHITECT:

AO ARCHITECTS
144 N. ORANGE STREET
ORANGE, CA 92866
(714) 639-9860 EXT. 384
CONTACT: DAMIAN DANIEL
[email protected]
LANDSCAPE:

RODARTE LANDSCAPE ARCHITECTURE
740 13TH ST. SUITE 320
SAN DIEGO, CA 92101
(909) 771-8171
CONTACT: LORENZO RODARTE
[email protected]
CIVIL ENGINEER:

LANGAN ENGINEERING AND

ENVIRONMENTAL SERVICES
11807 PIERCE ST. SUITE 200
RIVERSIDE, CA 92505
(949) 561-9215
CONTACT: MICHAEL GOLIAS
[email protected] VICINITY MAP

CITRUS AVE

OLEANDER AVE

SLOVER AVE
SITE

GENERAL
CIVIL

ELECTRICAL

LANDSCAPE

ARCHITECTURAL

SITE INFO
C1
C2
C3
C4
C5
C6
G1
G2
G3
E1
L1
A1.1
A1.2
A2.1
A3.1
A3.2
A4.1
A4.2
A4.3
A4.4
A4.5
A4.6

COVER SHEET

CONCEPTUAL GRADING & DRAINAGE PLAN

SITE CROSS SECTIONS

CONCEPTUAL UTILITY PLAN

CONCEPTUAL STREET IMPROVEMENT PLAN

LINE OF SIGHT EXHIBIT

COVER SHEET

TENTATIVE PARCEL MAP

LEGAL DESCRIPTION

CONCEPTUAL SITE PHOTOMETRICS

CONCEPTUAL LANDSCAPE PLAN

CONCEPTUAL SITE PLAN & PROJECT DATA

TRUCK CIRCULATION PLAN & DIAGRAMS

CONCEPTUAL FLOOR PLAN

ELEVATIONS & MATERIALS

SCREEN WALLS ELEVATIONS

PERSPECTIVE VIEW - SE

PERSPECTIVE VIEW - SE NIGHT

PERSPECTIVE VIEW - NE

PERSPECTIVE VIEW - NW

PERSPECTIVE VIEW - SW

PERSPECTIVE VIEW - SLOVER
ASSESSOR’S PARCEL NUMBER:
0251-151-07,10,14,15,16,41,39,40,43,42,09,44,19,20,21,22,05,18,06,03,04 PROJECT DESCRIPTION:

WAREHOUSE FACILITY CONSISTING OF A WAREHOUSE TOTALING
355,995 SQUARE FEET
9257
Scale
Job No.

Date

CITRUS & BOYLE
Fontana, CA
2023-0244
2024-02-22
G2
0 Copyright © AO, LLP 2024 50’ 100’

TENTATIVE PARCEL MAP

CITRUS AVENUE

SLOVER AVENUE

BOYLE AVENUE BOYLE AVENUE

SLOVER AVENUE

LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING

LOADING
www.langan.com
11801 Pierce Street
Riverside, CA 92505
T: 951.710.3000
Langan Engineering and
Environmental Services, Inc.
1” = 50’-0”

LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING EV
EV

EVCS EVCS
EVCS

EVCS EV
EV
EV
EV
EV
EV
EV
EV

VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL EVCS

LOADING
Date: 2/20/2024 Time: 17:12 User: llin Style Table: Langan.stb Layout: CB101 Document Code: 722012201-0301-CB103-0101 www.langan.com
11801 Pierce Street
Riverside, CA 92505
T: 951.710.3000
Langan Engineering and
Environmental Services, Inc.
© 2022 Langan
⁰ ”
DISCLAIMER:

Date

CITRUS & BOYLE
Fontana, CA
2023-0244
2024-02-22
G3
Copyright © AO, LLP 2024

LEGAL DESCRIPTION

CITRUS AVENUE

SLOVER AVENUE

BOYLE AVENUE BOYLE AVENUE

SLOVER AVENUE

LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING

LOADING
www.langan.com
11801 Pierce Street
Riverside, CA 92505
T: 951.710.3000
Langan Engineering and
Environmental Services, Inc.

Date: 2/20/2024 Time: 17:12 User: llin Style Table: Langan.stb Layout: CB102 Document Code: 722012201-0301-CB103-0101 www.langan.com
11801 Pierce Street
Riverside, CA 92505
T: 951.710.3000
Langan Engineering and
Environmental Services, Inc.
© 2022 Langan
—
—
—
—
Date: 2/20/2024 Time: 17:12 User: llin Style Table: Langan.stb Layout: CB102 Document Code: 72 www.langan.com
11801 Pierce Street
Riverside, CA 92505
T: 951.710.3000
Langan Engineering and
Environmental Services, Inc.
—
—
www.langan.com
11801 Pierce Street
Riverside, CA 92505
T: 951.710.3000
Langan Engineering and
Environmental Services, Inc.

DISCLAIMER:

Date

CITRUS & BOYLE
Fontana, CA
2023-0244
2024-02-22
C1
Copyright © AO, LLP 2024

COVER SHEET
Date: 2/20/2024 Time: 15:31 User: llin Style Table: Langan.stb Layout: CG001 Document Code: 722012201-0301-CG001-0101 www.langan.com
11801 Pierce Street
Riverside, CA 92505
T: 951.710.3000
Langan Engineering and
Environmental Services, Inc.
© 2022 Langan
Date: 2/20
www.langan.com
11801 Pierce Street
Riverside, CA 92505
T: 951.710.3000
Langan Engineering and
Environmental Services, Inc.

DISCLAIMER:

CITRUS AVENUE

SLOVER AVENUE

BOYLE AVENUE BOYLE AVENUE

SLOVER AVENUE

LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING

LOADING
www.langan.com
11801 Pierce Street
Riverside, CA 92505
T: 951.710.3000
Langan Engineering and
Environmental Services, Inc.
92810
Scale
Job No.

Date

CITRUS & BOYLE
Fontana, CA
2023-0244
2024-02-22
C2
0 Copyright © AO, LLP 2024 40’ 80’
1” = 40’-0”

CONCEPTUAL GRADING & DRAINAGE PLAN

SLOVER AVENUE
OLEANDER AVE.

BOYLE AVENUE BOYLE AVENUE

SLOVER AVENUE

LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING EV
EV

EVCS EVCS
EVCS

EVCS EV
EV
EV
EV
EV
EV
EV
EV

VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL EVCS

LOADING
Date: 2/20/2024 Time: 15:31 User: llin Style Table: Langan.stb Layout: CG101 Document Code: 722012201-0301-CG101-0101 www.langan.com
11801 Pierce Street
Riverside, CA 92505
T: 951.710.3000
Langan Engineering and
Environmental Services, Inc.
© 2022 Langan
DISCLAIMER:

CITRUS AVENUE

SLOVER AVENUE

BOYLE AVENUE BOYLE AVENUE

SLOVER AVENUE

LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING

LOADING
www.langan.com
11801 Pierce Street
Riverside, CA 92505
T: 951.710.3000
Langan Engineering and
Environmental Services, Inc.
92911
Scale
Job No.

Date

CITRUS & BOYLE
Fontana, CA
2023-0244
2024-02-22
C3
Copyright © AO, LLP 2024
VARIES

SITE CROSS SECTIONS

LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING EV
EV

EVCS EVCS
EVCS

EVCS EV
EV
EV
EV
EV
EV
EV
EV

VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL EVCS

LOADING
Date: 2/21/2024 Time: 15:06 User: llin Style Table: Langan.stb Layout: CS301 Document Code: 722012201-0301-CS301-0101 www.langan.com
11801 Pierce Street
Riverside, CA 92505
T: 951.710.3000
Langan Engineering and
Environmental Services, Inc.
© 2022 Langan
DISCLAIMER:

CITRUS AVENUE

SLOVER AVENUE

BOYLE AVENUE BOYLE AVENUE

SLOVER AVENUE

LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING

LOADING
www.langan.com
11801 Pierce Street
Riverside, CA 92505
T: 951.710.3000
Langan Engineering and
Environmental Services, Inc.
93012
Scale
Job No.

Date

CITRUS & BOYLE
Fontana, CA
2023-0244
2024-02-22
C4
0 Copyright © AO, LLP 2024 40’ 80’
1” = 40’-0”

CONCEPTUAL UTILITY PLAN

LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING EV
EV

EVCS EVCS
EVCS

EVCS EV
EV
EV
EV
EV
EV
EV
EV

VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL EVCS

LOADING
Date: 2/20/2024 Time: 17:18 User: llin Style Table: Langan.stb Layout: CU101 Document Code: 722012201-0301-CU101-0101 www.langan.com
11801 Pierce Street
Riverside, CA 92505
T: 951.710.3000
Langan Engineering and
Environmental Services, Inc.
© 2022 Langan
DISCLAIMER:

CITRUS AVENUE

SLOVER AVENUE

BOYLE AVENUE BOYLE AVENUE

SLOVER AVENUE

LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING

LOADING
www.langan.com
11801 Pierce Street
Riverside, CA 92505
T: 951.710.3000
Langan Engineering and
Environmental Services, Inc.
93113
Scale
Job No.

Date

CITRUS & BOYLE
Fontana, CA
2023-0244
2024-02-22
C5
0 Copyright © AO, LLP 2024 40’ 80’
1” = 40’-0”

CONCEPTUAL STREET IMPROVEMENT PLAN

CITRUS AVENUE

SLOVER AVENUE
OLEANDER AVE.

BOYLE AVENUE BOYLE AVENUE

SLOVER AVENUE

LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING EV
EV

EVCS EVCS
EVCS

EVCS EV
EV
EV
EV
EV
EV
EV
EV

VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL EVCS

LOADING
Date: 2/20/2024 Time: 17:14 User: llin Style Table: Langan.stb Layout: CA101 Document Code: 722012201-0301-CA101-0101 www.langan.com
11801 Pierce Street
Riverside, CA 92505
T: 951.710.3000
Langan Engineering and
Environmental Services, Inc.
© 2022 Langan
DISCLAIMER:

CITRUS AVENUE

SLOVER AVENUE

BOYLE AVENUE BOYLE AVENUE

SLOVER AVENUE

LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING

LOADING
www.langan.com
11801 Pierce Street
Riverside, CA 92505
T: 951.710.3000
Langan Engineering and
Environmental Services, Inc.
93214
Scale
Job No.

Date

CITRUS & BOYLE
Fontana, CA
2023-0244
2024-02-22
C6
0 Copyright © AO, LLP 2024 40’ 80’
1” = 40’-0”

SIGHT DISTANCE EXHIBIT
EV
EV

EVCS EVCS
EVCS

EVCS EV
EV
EV
EV
EV
EV
EV
EV

VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL

EVCS EV
EV

EVCS EVCS
EVCS

EVCS EV
EV
EV
EV
EV
EV
EV
EV

VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL
EVCS
Date: 12/6/2023 Time: 17:19 User: kmagalong Style Table: Langan.stb Layout: 1 Document Code: 722012201-0101-KT107-0101 www.langan.com
11801 Pierce Street
Riverside, CA 92505
T: 951.710.3000
Langan Engineering and
Environmental Services, Inc.
© 2022 Langan
DISCLAIMER:

CITRUS AVENUE

SLOVER AVENUE

BOYLE AVENUE BOYLE AVENUE

SLOVER AVENUE

LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING

LOADING
www.langan.com
11801 Pierce Street
Riverside, CA 92505
T: 951.710.3000
Langan Engineering and
Environmental Services, Inc.

EV
EV

EVCS EVCS
EVCS

EVCS EV
EV
EV
EV
EV
EV
EV
EV

VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL

EVCS EV
EV

EVCS EVCS
EVCS

EVCS EV
EV
EV
EV
EV
EV
EV
EV

VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL
EVCS
Date: 12/6/2023 Time: 17:19 User: kmagalong Style Table: Langan.stb Layout: 1 Docum www.langan.com
11801 Pierce Street
Riverside, CA 92505
T: 951.710.3000
Langan Engineering and
Environmental Services, Inc.
93315
Scale
Job No.

Date

CITRUS & BOYLE
Fontana, CA
2023-0244
0 20’ 40’ Copyright © AO, LLP 2024 2024-02-22
E1 CONCEPTUAL SITE PHOTOMETRICS
1” = 40’-0”
DISCLAIMER:

LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING EV
EV

EVCS EVCS
EVCS

EVCS EV
EV
EV
EV
EV
EV
EV
EV

VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL EVCS

1.7 2.2

2.4 2.3

2.3 2.3

2.4 2.2

1.8 1.6

1.7 2.1

2.1 1.9

1.9 1.9

2.1 1.6

1.2 2.0

2.3 2.7

3.2 3.4

3.0 2.5

2.2 2.0

2.0 2.0

2.2 2.3

2.5 2.5

2.2 1.9

1.6 1.3

1.1 2.5

2.7 3.2

3.6 3.6

3.2 2.6

2.3 2.2

2.1 2.1

2.3 2.6

2.9 2.9

2.5 2.0

1.7 1.4

1.2 3.0

3.1 3.2

3.3 3.1

2.7 2.5

2.4 2.4

2.5 2.4

2.4 2.4

2.6 2.7

2.7 2.9

3.1 3.0

2.6 1.4

1.4 1.6

1.4 2.7

3.0 3.1

3.1 2.9

2.5 2.2

2.1 2.2

2.4 2.2

2.2 2.3

2.4 2.5

2.7 2.8

2.9 3.0

3.2 2.2

2.0 1.7

1.6 2.2

2.9 2.8

2.6 2.3

1.9 1.6

1.6 1.7

1.7 1.7

1.7 1.8

1.9 2.0

2.2 2.6

2.7 2.9

3.1 2.5

2.3 1.9

1.8 1.5

1.9 2.8

2.6 2.2

1.9 1.5

1.2 1.1

1.1 1.1

1.2 1.3

1.4 1.5

1.7 2.1

2.5 2.5

2.6 2.6

2.6 2.2

2.0 2.0

1.8 1.7

2.4 2.3

1.9 1.6

1.2 0.9

0.8 0.8

0.8 0.9

1.0 1.1

1.3 1.6

2.0 2.2

2.3 2.3

2.4 2.4

2.3 2.0

2.0 1.8

1.5 1.7

2.1 2.0

1.8 1.5

1.1 0.9

0.7 0.7

0.9 1.1

1.3 1.5

1.7 1.9

2.0 2.0

1.9 1.8

1.7 1.5

1.3 1.1

1.8 1.8

1.5 1.1

0.9 0.8

0.7 0.7

0.8 0.9

1.1 1.3

1.5 1.6

1.7 1.8

1.9 1.9

1.9 1.8

1.7 1.6

1.4 1.2

1.0 1.8

1.8 1.8

1.8 1.6

1.3 1.1

1.0 0.9

0.9 0.9

1.0 1.2

1.4 1.5

1.6 1.7

1.8 1.9

2.1 1.9

1.8 1.7

1.5 1.3

1.1 1.8

1.7 1.8

1.9 1.8

1.6 1.5

1.3 1.3

1.2 1.2

1.3 1.5

1.7 1.8

1.8 1.8

1.9 2.0

2.2 2.0

1.9 1.8

1.6 1.4

1.1 1.6

1.9 1.9

1.9 2.0

2.0 1.9

1.8 1.7

1.7 1.6

1.7 1.7

1.9 2.1

2.1 2.0

2.0 2.0

2.1 2.2

2.0 2.0

1.9 1.7

1.4 1.1

1.7 1.9

2.0 2.0

2.0 2.1

2.2 2.3

2.3 2.3

2.3 2.2

2.0 2.0

1.9 1.9

2.0 2.0

1.9 1.9

2.1 2.3

2.3 2.3

2.3 2.2

2.0 2.0

2.2 2.4

2.4 2.5

2.5 2.4

2.3 2.2

2.2 2.2

2.3 2.4

2.5 2.6

2.5 2.2

2.1 2.1

2.2 1.6

1.8 1.7

1.9 1.7

1.5 1.2

1.7 1.9

2.3 2.7

3.1 3.2

2.9 2.6

2.3 2.3

2.3 2.4

2.7 3.0

3.0 2.6

2.2 2.0

2.0 2.2

2.7 3.1

3.3 3.3

3.2 2.9

2.5 2.4

2.7 3.1

3.4 3.4

3.4 3.2

3.0 2.8

2.9 3.1

3.3 3.4

3.5 3.4

2.9 2.4

2.2 2.1

1.9 2.0

1.9 1.7

1.5 1.2

1.0 1.9

2.1 2.3

2.6 3.0

3.1 2.8

2.5 2.5

2.6 2.4

2.3 2.5

2.6 2.7

2.4 2.1

2.0 2.2

2.4 3.1

3.7 4.2

4.3 4.0

3.4 2.8

2.6 3.0

3.6 4.2

4.4 4.2

3.7 3.3

3.0 3.3

3.7 4.3

4.5 4.3

3.9 3.2

2.5 2.1

2.1 2.2

2.3 2.1

2.0 1.9

1.7 1.5

1.3 1.0

2.0 2.3

2.4 2.6

2.8 2.8

2.7 2.6

2.6 2.9

2.6 2.4

2.3 2.2

2.2 2.1

2.1 2.0

2.3 2.6

3.5 4.3

5.0 5.3

4.8 4.0

3.0 2.6

3.1 4.0

4.8 5.3

4.9 4.1

3.6 3.5

3.8 4.3

5.1 5.4

5.0 4.3

3.4 2.6

2.1 2.1

2.4 2.7

2.1 2.0

1.9 1.8

1.9 2.3

1.6 1.9

2.3 2.3

2.6 2.8

2.6 2.3

2.2 2.4

2.4 2.3

2.1 2.0

1.8 1.8

1.7 1.6

1.6 1.8

2.6 3.8

5.1 6.5

7.2 9.3

3.6 1.3

2.9 4.4

5.9 6.7

5.9 4.6

4.7 6.6

5.1 6.4

7.0 6.1

4.7 3.5

2.5 2.2

2.3 4.1

2.2 2.1

2.0 1.9

2.5 7.2

3.3 1.8

2.4 2.3

2.5 2.6

2.2 1.9

1.9 1.9

2.0 2.0

1.9 1.7

1.4 1.3

1.3 1.2

1.2 1.1

1.6 2.4

2.4 2.4

2.4 2.0

1.6 1.6

1.7 1.9

2.0 2.0

1.7 0.9

2.1 2.6

2.5 2.3

1.9 1.5

1.4 1.7

2.1 2.4

2.4 2.2

0.8 2.0

3.0 2.8

2.3 1.9

1.5 1.4

1.8 2.4

2.8 3.1

3.1 0.8

2.0 3.1

2.9 2.3

1.9 1.5

1.5 1.8

2.5 3.0

0.7 2.0

2.8 2.7

2.4 1.9

1.6 1.5

1.9 2.5

3.2 0.8

2.2 2.5

2.5 2.5

2.1 1.7

1.6 1.9

2.6 3.2

0.8 2.4

2.4 2.6

2.7 2.2

1.7 1.6

2.0 2.6

3.2 0.8

2.5 2.5

2.8 3.0

2.3 1.8

1.7 1.9

2.6 3.1

0.8 2.4

2.4 2.5

2.6 2.2

1.8 1.7

1.9 2.5

2.4 2.2

2.1 0.8

2.2 2.6

2.5 2.4

2.0 1.8

1.7 1.8

2.3 2.6

2.8 2.8

0.7 2.0

2.9 2.6

2.3 1.9

1.8 1.7

1.8 2.1

2.3 2.3

3.7 10.2

5.5 4.5

4.9 6.4

10.0 0.7

1.9 3.1

2.8 2.3

1.8 2.0

1.9 2.0

2.2 2.1

1.9 1.9

2.0 2.8

3.6 4.3

5.0 4.6

0.7 1.9

2.8 2.6

2.2 1.7

2.2 2.1

2.1 2.1

1.9 1.6

1.6 1.7

2.4 3.1

4.1 4.9

4.8 1.1

2.0 2.3

2.2 2.1

1.6 2.6

2.3 2.2

2.1 1.8

1.4 1.4

1.6 2.3

3.0 4.0

5.0 5.1

1.2 2.1

2.1 2.0

2.0 1.5

2.4 2.5

2.5 2.1

1.9 1.4

1.4 1.6

2.2 2.9

3.8 4.7

4.7 2.3

2.7 2.8

2.2 2.0

1.5 1.4

1.6 2.2

2.8 3.5

4.2 3.9

0.5 0.6

0.8 1.0

1.1 1.1

1.1 0.9

1.8 2.8

2.8 2.3

2.1 1.6

1.4 1.6

2.2 2.8

3.3 3.6

3.3 1.2

1.3 1.5

2.0 2.1

2.1 2.2

2.2 3.3

2.8 2.8

2.6 2.3

1.7 1.5

1.6 2.2

2.7 3.0

3.1 2.7

1.2 1.4

1.9 2.6

2.8 2.5

2.2 1.9

3.4 3.1

2.9 2.9

2.5 1.8

1.5 1.7

2.1 2.5

2.8 3.3

3.6 1.2

1.4 1.8

2.3 2.5

2.3 2.1

1.9 3.5

3.2 3.1

3.1 2.5

1.8 1.5

1.7 2.1

2.6 3.0

4.9 12.5

1.2 1.3

1.6 2.1

2.2 2.1

2.1 2.0

3.6 3.2

2.9 2.9

2.5 1.8

1.5 1.7

2.2 2.8

3.3 4.4

5.8 0.9

1.0 1.3

1.9 2.0

2.1 2.1

2.0 3.2

2.8 2.8

2.6 2.3

1.7 1.5

1.6 2.2

2.8 3.4

4.0 3.8

0.5 0.6

0.7 0.8

0.8 0.8

2.2 2.9

3.0 2.5

2.1 1.6

1.4 1.6

2.2 2.9

3.7 4.6

4.4 2.7

2.9 2.9

2.3 2.0

1.5 1.4

1.6 2.2

2.9 3.9

5.1 5.1

1.3 2.3

2.6 2.5

2.3 1.7

2.4 2.6

2.5 2.1

1.8 1.4

1.3 1.6

2.2 2.9

4.0 5.1

5.2 1.0

2.0 2.8

2.6 2.2

1.7 2.6

2.2 2.1

2.0 1.7

1.3 1.3

1.5 2.2

2.8 3.7

4.6 4.5

0.9 2.0

3.1 2.8

2.2 1.8

2.2 1.9

1.8 1.8

1.5 1.2

1.2 1.5

2.1 2.8

3.4 4.0

3.7 1.0

2.1 3.0

2.8 2.3

1.8 1.9

1.7 1.5

1.5 1.3

1.1 1.1

1.5 2.1

2.8 3.2

3.5 3.2

1.1 2.3

2.7 2.5

2.4 1.9

1.7 1.4

1.1 1.1

1.1 1.0

1.0 1.4

2.0 2.5

2.9 3.1

2.9 1.1

2.5 2.5

2.5 2.6

2.1 1.6

1.2 0.9

0.8 0.8

0.8 1.0

1.4 1.9

2.4 2.9

4.2 7.5

1.1 2.6

2.5 2.8

2.9 2.2

1.6 1.1

0.8 0.6

0.6 0.7

0.9 1.4

2.0 2.6

3.1 4.9

10.0 1.1

2.6 2.5

2.7 2.8

2.2 1.5

1.0 0.7

0.6 0.5

0.6 0.9

1.3 2.0

2.7 3.3

4.0 3.7

1.1 2.5

2.6 2.5

2.6 2.0

1.4 0.9

0.6 0.5

0.5 0.5

0.8 1.3

2.0 2.7

3.5 4.3

3.9 1.0

2.2 2.9

2.7 2.4

1.9 1.3

0.9 0.6

0.5 0.4

0.5 0.8

1.3 2.0

2.7 3.8

4.8 4.7

1.0 2.1

3.2 2.9

2.4 1.9

1.3 0.8

0.6 0.4

0.4 0.5

0.7 1.3

2.0 2.7

3.9 5.1

5.1 1.0

2.1 3.2

2.9 2.4

1.9 1.3

0.8 0.5

0.4 0.4

0.4 0.7

1.2 2.0

2.7 3.7

4.7 4.5

0.8 2.1

2.9 2.7

2.4 1.9

1.3 0.8

0.5 0.4

0.4 0.4

0.7 1.2

1.9 2.6

3.3 4.1

3.7 0.8

2.3 2.6

2.5 2.6

2.0 1.4

0.8 0.5

0.4 0.4

0.4 0.7

1.1 1.8

2.5 3.0

3.4 3.0

0.8 2.5

2.5 2.7

2.8 2.2

1.4 0.9

0.5 0.4

0.4 0.4

0.7 1.1

1.6 2.1

2.5 2.7

2.4 0.8

2.5 2.5

2.8 2.9

2.2 1.4

0.9 0.6

0.4 0.4

0.4 0.6

1.0 1.5

1.9 2.2

3.0 3.8

0.8 2.4

2.5 2.5

2.6 2.1

1.4 0.8

0.5 0.4

0.4 0.4

0.6 1.0

1.5 1.8

2.2 4.2

0.7 2.2

2.7 2.6

2.5 1.9

1.3 0.8

0.5 0.4

0.3 0.4

0.6 1.0

1.5 1.9

2.3 3.0

3.7 0.7

2.0 3.0

2.8 2.4

1.9 1.3

0.8 0.5

0.4 0.3

0.4 0.6

1.1 1.7

2.3 2.6

2.9 2.5

0.7 2.0

3.2 3.0

2.4 1.9

1.3 0.8

0.5 0.4

0.3 0.4

0.7 1.1

1.8 2.5

3.0 3.4

3.1 0.7

2.0 3.0

2.8 2.4

1.9 1.3

0.8 0.5

0.4 0.3

0.4 0.7

1.2 1.9

2.5 3.3

4.0 3.8

0.8 2.2

2.6 2.5

2.5 2.0

1.4 0.9

0.6 0.4

0.4 0.4

0.7 1.2

1.9 2.6

3.5 4.5

4.5 0.8

2.4 2.4

2.5 2.6

2.1 1.4

0.9 0.6

0.5 0.4

0.5 0.7

1.2 1.9

2.6 3.6

4.6 4.7

0.8 2.5

2.5 2.8

2.9 2.2

1.5 0.9

0.7 0.5

0.5 0.5

0.8 1.2

1.9 2.6

3.4 4.2

4.0 0.8

2.4 2.4

2.6 2.7

2.1 1.5

1.0 0.7

0.5 0.5

0.6 0.8

1.2 1.9

2.5 3.1

3.7 3.3

0.7 2.2

2.5 2.4

2.4 1.9

1.5 1.1

0.8 0.6

0.6 0.7

0.8 1.2

1.8 2.4

2.8 3.4

3.2 0.7

1.9 2.8

2.6 2.3

1.8 1.5

1.2 0.9

0.8 0.8

0.8 0.9

1.2 1.6

2.1 2.4

4.2 9.7

0.7 1.9

3.0 2.8

2.2 1.7

1.6 1.4

1.2 1.2

1.1 0.9

0.9 1.2

1.5 1.9

2.1 3.4

6.6 0.6

1.8 2.9

2.6 2.1

1.7 1.9

1.7 1.6

1.6 1.3

1.1 1.0

1.2 1.6

1.9 2.0

2.2 2.2

0.7 1.8

2.4 2.3

2.1 1.5

2.2 2.0

1.8 1.8

1.5 1.2

1.1 1.3

1.7 2.1

2.3 2.3

2.3 0.7

2.0 2.1

2.0 2.0

1.5 2.4

2.2 2.2

1.9 1.6

1.2 1.1

1.4 1.9

2.5 2.8

3.1 3.0

1.0 2.1

2.0 2.1

2.1 1.6

2.3 2.5

2.5 2.0

1.8 1.3

1.2 1.4

2.0 2.6

3.3 3.9

3.7 2.2

2.6 2.7

2.1 1.9

1.4 1.3

1.5 2.1

2.8 3.7

4.6 4.6

0.8 1.1

1.4 1.5

1.5 1.5

1.5 1.2

2.3 2.8

2.7 2.3

2.0 1.6

1.4 1.6

2.2 2.8

3.9 5.1

5.2 1.1

1.3 1.6

2.1 2.2

2.0 1.9

1.8 3.3

2.7 2.7

2.6 2.2

1.7 1.4

1.6 2.2

2.8 3.9

5.0 5.1

1.2 1.4

1.9 2.4

2.5 2.3

1.9 1.7

3.2 3.0

2.8 2.9

2.4 1.8

1.5 1.6

2.2 2.8

3.7 4.6

4.5 1.2

1.4 1.7

2.0 2.1

2.0 1.8

1.7 3.3

3.1 2.9

3.0 2.4

1.8 1.5

1.6 2.2

2.8 3.4

4.9 7.0

1.1 1.2

1.5 1.7

1.8 1.8

1.7 1.6

3.3 2.8

2.8 2.7

2.3 1.7

1.5 1.6

2.1 2.7

3.2 5.2

13.0 0.7

0.8 0.9

1.0 1.1

1.0 1.0

1.0 2.4

2.9 2.8

2.4 2.1

1.6 1.4

1.6 2.0

2.5 2.7

3.1 3.1

2.5 2.8

2.9 2.3

2.0 1.5

1.3 1.5

2.0 2.4

2.6 2.5

2.1 0.8

1.4 1.4

1.6 1.7

1.3 2.4

2.6 2.7

2.2 1.9

1.4 1.3

1.5 2.1

2.6 2.9

2.9 2.5

0.8 1.7

1.6 1.7

1.7 1.3

2.2 2.3

2.3 2.0

1.7 1.3

1.2 1.5

2.1 2.7

3.2 3.5

3.1 0.8

1.9 1.9

1.4 2.3

2.0 1.9

1.9 1.6

1.2 1.2

1.5 2.1

2.8 3.5

4.2 3.9

0.8 1.8

2.3 2.2

2.0 1.5

1.9 1.7

1.7 1.7

1.4 1.1

1.2 1.5

2.1 2.8

3.8 4.8

4.7 0.8

1.9 2.8

2.6 2.1

1.6 1.6

1.4 1.3

1.3 1.2

1.0 1.1

1.4 2.1

2.8 3.9

4.9 4.9

0.8 1.9

3.0 2.7

2.2 1.7

1.4 1.1

0.9 0.9

1.0 1.4

2.0 2.7

3.7 4.6

4.3 0.8

1.9 2.7

2.5 2.1

1.7 1.3

1.0 0.7

0.7 0.7

0.7 0.9

1.3 2.0

2.7 3.4

4.5 4.6

0.9 2.1

2.4 2.2

2.2 1.7

1.3 0.9

0.7 0.6

0.5 0.6

0.9 1.3

2.0 2.7

3.3 5.5

13.0 0.9

2.1 2.1

2.1 2.2

1.8 1.3

0.9 0.6

0.5 0.5

0.6 0.8

1.3 1.9

2.5 2.9

3.8 5.2

0.8 1.9

1.9 2.2

2.3 1.9

1.3 0.8

0.6 0.5

0.5 0.5

0.8 1.3

1.8 2.3

2.6 2.6

2.2 0.8

1.9 1.9

2.2 2.3

1.9 1.3

0.8 0.6

0.5 0.4

0.5 0.8

1.3 1.9

2.5 2.8

2.8 2.3

0.9 2.1

2.1 2.1

2.2 1.8

1.3 0.8

0.6 0.5

0.4 0.5

0.8 1.3

2.0 2.7

3.1 3.5

3.0 0.9

2.1 2.3

2.2 2.2

1.7 1.2

0.8 0.6

0.5 0.4

0.5 0.8

1.3 2.0

2.7 3.5

4.1 3.7

0.8 1.9

2.7 2.5

2.1 1.7

1.2 0.8

0.6 0.5

0.5 0.6

0.9 1.3

2.1 2.8

3.8 4.8

4.5 0.8

1.9 3.0

2.7 2.1

1.7 1.1

0.8 0.6

0.6 0.6

0.7 0.9

1.4 2.1

2.9 4.0

5.2 5.1

0.8 1.8

2.8 2.6

2.1 1.7

1.2 0.8

0.7 0.7

0.7 0.8

1.1 1.4

2.2 3.0

4.1 5.1

4.8 0.7

1.8 2.4

2.3 2.0

1.6 1.2

0.9 0.8

0.9 1.0

1.0 1.2

1.6 2.4

3.2 4.0

4.8 4.3

0.8 2.0

2.1 2.0

1.9 1.6

1.3 1.0

1.0 1.2

1.4 1.4

2.4 6.1

4.2 3.8

4.1 5.4

6.7 1.5

2.2 2.0

1.8 1.7

1.6 1.5

1.2 1.3

1.6 1.7

1.7 1.9

5.3 3.8

3.6 7.9

10.4 3.2

4.2 2.4

1.6 1.5

1.7 1.8

1.5 1.7

1.9 2.1

2.1 1.4

4.8 8.8

1.2 1.8

1.9 1.8

1.9 2.0

2.4 2.7

1.9 1.4

1.8 2.0

2.1 2.1

2.1 2.6

3.8 2.6

1.7 1.1

1.9 2.4

2.2 2.3

2.7 5.2

3.7 1.8

2.5 2.4

2.4 2.8

5.5 3.9

1.6 2.4

2.3 2.3

2.8 5.1

3.5 1.5

2.0 2.1

2.2 2.7

4.1 2.8

1.1 1.5

1.7 1.9

2.1 2.5

3.1 2.2

1.1 1.5

1.6 1.9

2.1 2.4

2.4 1.8

1.2 1.5

1.7 1.7

1.9 2.2

2.3 2.2

1.7 1.3

1.5 1.5

1.6 1.7

1.9 2.1

2.3 2.3

2.1 2.3

2.5 2.6

2.4 2.3

2.4 3.6

4.9 6.2

6.9 6.0

4.4 3.0

1.9 3.7

3.9 3.0

3.7 4.4

4.3 3.5

2.8 2.0

1.5 1.7

7.5 2.4

2.6 3.3

4.1 4.5

4.0 3.2

2.5 1.7

1.4 4.3

5.6 5.7

7.0 7.1

6.1 4.5

3.0 1.9

1.3 1.1

1.4 1.7

2.1 2.5

2.5 2.4

2.5 2.7

2.6 2.6

2.7 2.9

2.9 2.8

2.7 2.9

3.7 4.2

4.7 5.0

4.5 3.7

2.9 2.1

2.0 2.6

3.0 3.5

4.0 4.5

4.4 3.9

3.2 2.5

1.8 1.6

2.0 2.2

2.4 3.1

3.7 4.2

4.4 4.2

3.7 3.0

2.3 1.9

2.3 3.2

3.9 4.7

5.6 5.7

5.2 4.3

3.2 2.2

1.6 1.3

1.4 1.7

2.0 2.2

2.2 2.2

2.4 2.9

2.8 2.8

2.9 3.1

3.0 2.8

2.7 3.0

3.4 3.7

4.1 4.2

4.0 3.4

2.7 2.1

1.8 2.0

2.6 3.0

3.3 3.5

3.5 3.3

2.9 2.5

1.9 1.6

1.6 1.8

2.3 2.8

3.1 3.4

3.5 3.4

3.1 2.8

2.3 1.9

2.1 2.6

3.4 4.2

4.9 5.0

4.7 4.2

3.5 2.8

2.0 1.5

1.4 1.6

1.7 1.9

1.9 2.0

2.2 2.7

2.8 2.9

3.2 3.4

3.2 2.8

2.6 2.7

2.9 3.1

3.2 3.2

3.0 2.8

2.4 1.9

1.7 1.8

2.3 2.5

2.5 2.6

2.6 2.5

2.4 2.2

1.8 1.6

1.5 1.7

2.1 2.4

2.6 2.6

2.6 2.5

2.1 1.9

2.0 2.4

3.0 3.5

3.8 3.9

3.8 3.6

3.0 2.4

1.8 1.4

2.4 2.3

2.4 2.5

2.4 2.4

2.3 2.2

2.2 2.1

1.8 1.6

1.4 1.5

1.7 1.9

1.9 2.0

2.0 1.9

1.9 1.7

1.5 1.4

1.4 1.5

1.7 1.9

2.0 2.0

1.8 1.6

1.8 2.1

2.5 2.7

2.8 2.9

2.9 2.7

2.4 1.2

2.1 2.0

1.8 1.8

1.8 1.7

1.7 1.7

1.7 1.6

1.4 1.2

1.2 1.2

1.3 1.4

1.4 1.4

1.3 1.3

1.3 1.4

1.5 1.5

1.6 1.6

1.6 1.5

1.5 1.5

1.5 1.6

1.9 2.2

2.3 2.3

2.3 2.2

2.2 1.9

1.2 1.2

1.2 1.3

1.3 1.4

1.4 1.4

1.5 1.5

1.4 1.4

1.4 1.5

1.6 1.8

2.0 2.1

2.1 2.1

2.1 2.0

1.9 1.8

1.3 1.3

1.4 1.5

1.6 1.6

1.6 1.7

1.8 1.8

1.8 1.7

1.7 1.7

1.7 1.8

2.0 2.1

2.2 2.1

2.1 2.2

2.2 2.1

2.0 1.8

1.6 1.6

1.7 1.9

2.0 2.1

2.1 2.1

2.2 2.2

2.1 2.1

2.2 2.3

2.2 2.2

2.2 2.3

2.5 2.4

2.4 2.4

2.5 2.5

2.4 2.3

2.1 1.8

1.7 1.8

2.0 2.3

2.5 2.5

2.3 2.1

2.2 2.1

2.2 2.2

2.3 2.5

2.7 2.6

2.4 2.2

2.3 2.3

2.4 2.3

2.5 2.7

2.7 2.6

2.3 2.0

1.8 1.5

1.8 2.1

2.6 3.0

2.8 2.5

2.2 2.0

1.8 1.9

2.1 2.4

2.8 3.1

2.9 2.5

2.2 2.0

1.8 2.0

2.2 2.5

2.9 3.1

2.8 2.3

1.9 1.5

1.7 1.9

2.0 2.1

2.1 2.0

2.0 1.9

1.8 1.9

2.0 2.1

2.2 2.2

2.2 2.1

2.0 2.0

1.8 1.9

2.0 2.1

2.2 2.2

2.1 1.9

1.7 1.2

1.5 1.6

1.7 1.7

1.7 1.4

1.2 1.1

1.2 1.4

1.6 1.7

1.8 1.7

1.7 1.4

1.2 1.1

1.2 1.4

1.7 1.7

1.6 1.2

1.5 1.7 2.0 2.4 2.4 2.1 1.8 1.6 1.5 1.4 1.3 1.2
A3 @ 30'
AW3 @ 30'
AW3 @ 30'
A3 @ 30'
A3 @ 30'
AW2 @ 30' AW2 @ 30' AW2 @ 30' AW2 @ 30' AW2 @ 30' AW2 @ 30' AW2 @ 30' A3 @ 30' A3 @ 30' A3 @ 30' A3 @ 30'
B2 @ 8'
A3 @ 30' A3 @ 30'
B1 @ 10'
B1 @ 10'
A3 @ 30'
A3 @ 30'
A3 @ 30'
A3 @ 30'
AW2 @ 30'
AW2 @ 30'
AW3 @ 30'
B2 @ 8'
B2 @ 8'
AW3 @ 30'
B1 @ 8'
B1 @ 8' B1 @ 8' B1 @ 8' B1 @ 8' B1 @ 8' B1 @ 8'
B1 @ 8'
AW1 @ 30'
B2 @ 8'
B1 @ 8' B1 @ 8' B1 @ 8' B1 @ 8' B1 @ 8' B1 @ 8' B1 @ 8' B1 @ 8' B2 @ 8'
A2 @ 30'
AW3 @ 30'
B2 @ 8'
B2 @ 8'
B2 @ 8'
A1 @ 30' A4 @ 30'
B1 @ 8'
A1 @ 30'
A3 @ 30' A3 @ 30'
A3 @ 30'
AW2 @ 30'
A1 @ 30' A1 @ 30'
A1 @ 30' A1 @ 30' A1 @ 30' A1 @ 30'
A1 @ 30'
A1 @ 30'

CITRUS & BOYLE
DISCLAIMER:

ALL INFORMATION CONTAINED HEREIN MAY BE SUBJECT TO CHANGE PENDING OWNER AND OR AGENCY REVIEW AND IS FOR INFORMATION ONLY

FONTANA, CA
2023-04-19
2023-0244
© 2021 Architects Orange, LLP dba AO These plans are copyright protected. Under such protection unauthorized use is not permitted. These plans shall not be reproduced or used without written permission by AO. drawing file name: p:\files23\23035 crow holdings citrus & boyle\23035 planning submittal\23035e2.dwg SITE PHOTOMETRICS E-2
Statistics
Description Symbol Avg Max Min Max/Min Avg/Min
Site 2.2 fc 13.0 fc 0.3 fc 43.3:1 7.3:1
Schedule
Symbol Label Quantity Catalog Number Description Lamp Number Lamps Lumens Per Lamp Light Loss Factor Wattage
A1
10 DSX1 LED P4 40K 70CRI BLC3 D-Series Size 1 Area Luminaire P4 Performance Package 4000K CCT 70 CRI
Type 3 Extreme Backlight Control.

BUG RATING 0-0-3
1 11662 0.9 123.94
A2
1 DSX1 LED P4 40K 70CRI BLC4 D-Series Size 1 Area Luminaire P4 Performance Package 4000K CCT 70 CRI
Type 4 Extreme Backlight Control.

BUG RATING 0-0-3
1 12044 0.9 123.94
A3
16 DSX1 LED P6 40K 70CRI BLC3 D-Series Size 1 Area Luminaire P6 Performance Package 4000K CCT 70 CRI
Type 3 Extreme Backlight Control. BUG
RATING 0-0-3
1 14940 0.9 165.25
A4
1 DSX1 LED P4 40K 70CRI T5M D-Series Size 1 Area Luminaire P4 Performance Package 4000K CCT 70 CRI
Type 5 Medium. BUG RATING 4-0-2.
1 16741 0.9 247.88
AW1
1 DSX1 LED P3 40K 70CRI AFR EGS D-Series Size 1 Area Luminaire P3 Performance Package 4000K CCT 70 CRI
Automotive Front Row External Glare Shield.

WALL MTD, BUG RATING 1-0-2
1 11114 0.9 102.1727
AW2
10 DSX1 LED P7 40K 70CRI T3LG D-Series Size 1 Area Luminaire P7 Performance Package 4000K CCT 70 CRI
Type 3 Low G Rating. WALL MTD, BUG
RATING 2-0-2
1 19839 0.9 184.43
AW3
5 DSX1 LED P7 40K 70CRI T4LG D-Series Size 1 Area Luminaire P7 Performance Package 4000K CCT 70 CRI
Type 4 Low G Rating. WALL MT, BUG
RATING 2-0-2
1 20501 0.9 184.43
B1 19 WST LED P1 40K VF MVOLT WST LED, Performance package 1, 4000 K, visual comfort forward throw, MVOLT
1 1639 0.9 12
B2
8 WST LED P1 40K VW MVOLT WST LED, Performance package 1, 4000 K, visual comfort wide, MVOLT
1 1659 0.9 12
93416
Scale
Job No.

Date

CONCEPTUAL LANDSCAPE PLAN
VARIES
EV

CHARGING
ONLY
EV

CHARGING

ONLY EV

CHARGING
ONLY
EV

CHARGING

ONLY EVCS EVCS EVCS EVCS EVCS EVCS EVCS EVCS EVCS EVCS EVCS EVCS CARPOOL EVCS CARPOOL CARPOOL CARPOOL CARPOOL CARPOOL CARPOOL CARPOOL

CARPOOL CARPOOL CARPOOL CARPOOL CARPOOL

SLOVER AVENUE

BUILDING

BOYLE AVENUE
NOT A
PART
NOT A
PART
NOT A
PART
1 2 1
2 3
3 3
4 4
4 5
7 7
8 2 1 8
9 9
9 10
A
A
A
B
B
C
D
E

REQUIRED

EVERGREEN SCREEN

TREES TO BE SPACED
NO GREATER THAN 40'
ON CENTER.

REQUIRED

EVERGREEN

SCREEN TREES,
MINIMUM 36"
BOX SIZE.

A A' 40'-0" MAX.

PT
PT
PT
PT
PT
PT
PT
PT
PT
PT
PT
PT
PT
PT
PT
PT NOTE: REPRESENTS

TREE COUNTED

TOWARD PARKING LOT

SHADE TREE AND

SCREEN TREE
TREES
SYMBOL TREE NAME QTY. WUCOLS
NEW STREET TREE ALONG SLOVER AVE.

QUERCUS AGRIFOLIA, COAST LIVE OAK
15 GAL. SIZE.
12 L
NEW STREET TREE ALONG BOYLE AVE.

PLATANUS X 'BLOODGOOD', LONDON PLANETREE
15 GAL. SIZE
8 M

PARKING LOT SHADE TREE

QUERCUS ILEX, HOLLY OAK
15 GAL. SIZE BOX SIZE. STANDARD TRUNK.
17 L

EVERGREEN SCREEN TREE
OLEA. E. 'WILSONII', FRUITLESS OLIVE TREE
36" BOX SIZE. STANDARD TRUNK
3 L

EVERGREEN SCREEN TREE

PINUS ELDARICA, MONDELL PINE
15 GAL. SIZE
5 L

PROPERTY LINE SCREEN TREE

GEIJERA PARVIFLORA, AUSTRALIAN WILLOW
36" BOX SIZE.
19 L

FLOWERING ACCENT TREE
CERCIDIUM F. 'DESERT MUSEUM', BLUE PALO VERDE
15 GAL. SIZE
3 L

PLANTING LEGEND
DESIGN KEY NOTES:

1. STREET TREE PER PLANTING LEGEND.

2. TYP. LAYERED ACCENT PLANTING ALONG
STREET FRONTAGE (LOW-GROWING).

3. EVERGREEN PARKING LOT CANOPY TREE
(LOW-LITTER TYPE).

4. FLOWERING ACCENT PLANT AT FOCAL AREAS
PER PLANTING LEGEND.

5. GROUND COVER AND SHRUBS PER PLANTING
PALETTE.

6. PROPERTY LINE SCREEN TREE PER PLANTING
LEGEND.

7. CALIFORNIA NATIVE TREE PER PLANTING
LEGEND.

8. DECOMPOSED GRANITE WITH SUCCULENT
PLANTING.

9. PROPOSED 3:1 LANDSCAPE BERMS ALONG
STREET FRONTAGE.

10. 12" WD. CONC. STEP OFF AREA AT LANDSCAPE
AREA ADJACENT TO PARKING STALL AREA. 5'
MIN. TREE PLANTING AREA.

REFERENCE NOTES:

A. SIDEWALK PER CIVIL PLANS.

B. GATE PER ARCH. PLANS.

C. TRASH PER ARCH. PLANS.

D. BIKE RACK PER ARCH. PLANS.

E. MOTORCYCLE PARKING PER ARCH. PLANS.

SHRUBS - SHRUBS SHALL BE CHOSEN FROM THE FOLLOWING:

SYMBOL NAME WUCOLS
DODONAEA V. 'PURPUREA', PURPLE HOPSEED BUSH
5 GAL. SIZE L

WESTRINGIA FRUTICOSA, COAST ROSEMARY
5 GAL. SIZE L

LIGUSTRUM TEXANUM, TEXAS PRIVET
5 GAL. SIZE L

LEUCOPHYLLUM FRUTESCENS, TEXAS RANGER
5 GAL. SIZE L

CALLISTEMON 'LITTLE JOHN', DWARF BOTTLE BRUSH
5 GAL. SIZE L

ACCENT SHRUBS AT INORGANIC MULCH AREAS-

SYMBOL NAME WUCOLS
AGAVE A. 'MEDIOPICTA ALBA', VARIEGATED CENTURY PLANT
5 GAL. SIZE L
AGAVE P. 'TRUNCATA', PARRY'S AGAVE
5 GAL. SIZE L

AGAVE WEBERII, SMOOTH AGAVE
15 GAL. SIZE L

GROUND COVERS

SYMBOL NAME WUCOLS
ROSMARINUS O. 'PROSTRATUS', CREEPING ROSEMARY
1 GAL. SIZE @ 30" O.C. L

LANTANA CAMARA 'DWARF GOLD', DWARF LANTANA
1 GAL. SIZE @ 30" O.C. L

MUHLENBERGIA RIGENS, DEER GRASS
1 GAL. SIZE @ 42" O.C. M

SALVIA CLEVLANDII, CLEVLAND SAGE
5 GAL. SIZE @ 48" O.C. L

DIANELLA TASMANICA 'VARIEGATA', WHITE STRIPED TASMAN FLAX LILY 1 GAL. SIZE @ 24" O.C. M
LONICERA J. 'HALLIANA', HALL'S HONEYSUCKLE
1 GAL. SIZE @ 24" O.C. L

CARISSA MACROCARPA 'GREEN CARPET', NATAL PLUM
1 GAL. SIZE @ 30" O.C. M

SALVIA LEUCANTHA, MEXICAN BUSH SAGE
5 GAL. SIZE @ 42" O.C. L

AGAVE 'BLUE FLAME', BLUE FLAME AGAVE
5 GAL. SIZE @ 36" O.C. L
LEYMUS C. 'CANYON PRINCE', CANYON PRINCE WILD RYE
1 GAL. SIZE @ 36" O.C. L

DIETES BICOLOR, FORTNIGHT LILY
1 GAL. SIZE @ 24" O.C. M

VERBENA 'DE LA MINA', DE LA MINA VERBENA
1 GAL. SIZE @ 24" O.C. L
NOTE: APPLY A 3" MIN. LAYER OF MULCH TOP DRESSING WITHIN ALL PLANTING AREAS. A SAMPLE IS REQUIRED P.L.
3 2
BLDG.
5 1

1. DENSE EVERGREEN SCREEN SHRUBS ALONG

PROPERTY LINE ADJACENT TO SENSITIVE
RECEPTOR.

2. EVERGREEN SCREEN TREES ALONG SENNSITIVE
RECEPTOR. 36" BOX SIZE, SPACED NO GREATER
THAN 40' ON CENTER.

3. PARKING LOT SHADE TREES.

4. 10' SCREEN WALL.

SECTION A-A' KEY NOTES:

SCALE: 1" = 50'-0"
0 50' 100' 150'
NORTH

EXISTING CALTRANS

LANDSCAPE AREA TO
REMAIN. NOT A PART
OF PROJECT.

WUCOLS PLANT FACTOR

THIS PROJECT IS LOCATED IN 'WUCOLS'
REGION '4-SOUTH INLAND VALLEY'.

H = HIGH WATER NEEDS
M = MODERATE WATER NEEDS
L = LOW WATER NEEDS
VL= VERY LOW WATER NEEDS
· ROCK RIP-RAP MATERIAL SHALL BE INSTALLED

WHERE DRAIN LINES CONNECT TO
INFILTRATION AREAS.
· ALL UTILITY EQUIPMENT SUCH AS BACKFLOW

UNITS, FIRE DETECTOR CHECKS AND FIRE

CHECK VALVES WILL BE SCREENED WITH

EVERGREEN PLANT MATERIAL ONCE FINAL
LOCATIONS HAVE BEEN DETERMINED.

GENERAL NOTES:

THIS IS A CONCEPTUAL LANDSCAPE PLAN. IT IS

BASED ON PRELIMINARY INFORMATION WHICH IS
NOT FULLY VERIFIED AND MAY BE INCOMPLETE. IT

IS MEANT AS A COMPARATIVE AID IN EXAMINING

ALTERNATE DEVELOPMENT STRATEGIES AND ANY

QUANTITIES INDICATED ARE SUBJECT TO REVISION

AS MORE RELIABLE INFORMATION BECOMES
AVAILABLE.

IRRIGATION NOTE:

THE PROJECT WILL BE EQUIPPED WITH A LOW FLOW IRRIGATION SYSTEM CONSISTING OF ET WEATHER BASED SMART CONTROLLER, LOW FLOW ROTORS, BUBBLER AND/ OR DRIP SYSTEMS USED THROUGHOUT.

THE IRRIGATION WATER EFFICIENCY WILL MEET OR SURPASS THE CURRENT STATED MANDATED AB-1881 WATER ORDINANCE.

CONCEPTUAL PLAN NOTE:

CITRUS & BOYLE
DISCLAIMER:

ALL INFORMATION CONTAINED HEREIN MAY BE SUBJECT TO CHANGE PENDING OWNER AND OR AGENCY REVIEW AND IS FOR INFORMATION ONLY

FONTANA, CA
2023-05-03
2023-0244
© 2021 Architects Orange, LLP dba AO These plans are copyright protected. Under such protection unauthorized use is not permitted. These plans shall not be reproduced or used without written permission by AO. c:\users\19097\desktop\ao\crow holdings citrus boyle\2023 0502_prelim_citrus boyle\2023 0502_prelim b_crow holdings.dwg CONCEPTUAL LANDSCAPE PLAN L-1
PARKING LOT TREE RATIO MATRIX:
-TOTAL NUMBER OF PARKING STALLS = 122
-(1) TREE PER 4 STALLS REQUIRED.
-TOTAL NUMBER OF PARKING LOT TREES
REQUIRED = 30
-TOTAL NUMBER OF PROPOSED PARKING LOT
TREES PROVIDED= 36
CONSISTING OF:
(17) 15 GAL. SIZE QUERCUS ILEX &
(15) 36" BOX SIZE GEIJERIA PARVIFLORA

SECTION 'A-A'
SCALE: 1"=20'-0"
CITY OF FONTANA NOTES:

ALL LANDSCAPING SHALL BE DROUGHT TOLERANT, AND TO THE EXTENT FEASIBLE, SPECIES WITH LOW BIOGENIC EMISSIONS. PALM TREES SHALL NOT BE UTILIZED.

ALL LANDSCAPING AREAS SHALL BE PROPERLY IRRIGATED FOR THE LIFE OF THE FACILITY TO ALLOW FOR PLANTS AND TREES TO MAINTAIN GROWTH.

TREES SHALL BE INSTALLED IN AUTOMOBILE PARKING AREAS TO PROVIDE AT LEAST 35% SHADE COVER OF PARKING AREAS WITHIN FIFTEEN YEARS. TREES SHALL BE PLANTED THAT ARE CAPABLE OF MEETING THIS REQUIREMENT.

LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING EV
EV

EVCS EVCS
EVCS

EVCS EV
EV
EV
EV
EV
EV
EV
EV

VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL EVCS

SLOVER AVENUE

BUILDING

BOYLE AVENUE
NOT A
PART
NOT A
PART
NOT A
PART
1 2 1
2 3
3 4
4 5
7 8 9 2 1 8
9 9
10 A A
B
D

REQUIRED

EVERGREEN SCREEN

TREES TO BE SPACED
NO GREATER THAN 40'
ON CENTER.

REQUIRED

EVERGREEN

SCREEN TREES,
MINIMUM 36"
BOX SIZE.

A A' 40'-0" MAX.

PT
PT
PT
PT
PT
PT
PT
PT
PT
PT
PT
PT
PT
PT
PT
PT NOTE: REPRESENTS

TREE COUNTED

TOWARD PARKING LOT

SHADE TREE AND

SCREEN TREE
E
F
F
P.L.

R.O.W.

P.L.

R.O.W.

G
11 A A
40'-0"
MAX.
40'
MAX.
20'-0"
MIN. LANDSCAPE
SET BACK.
20' MIN.

LANDSCAPE
SET BACK.
8 B
C
20' MIN.

LANDSCAPE
SET BACK.

PT
TREES
SYMBOL TREE NAME QTY. WUCOLS
NEW STREET TREE ALONG SLOVER AVE.

QUERCUS AGRIFOLIA, COAST LIVE OAK
36" BOX SIZE
15 L

STREET TREE IN PUBLIC RIGHT OF WAY

QUERCUS AGRIFOLIA, COAST LIVE OAK
36" BOX SIZE
23 L

PLATANUS MEXICANA, MEXICAN SYCAMORE
24" BOX SIZE 9 M

PARKING LOT SHADE TREE

QUERCUS ILEX, HOLLY OAK
24" BOX SIZE. STANDARD TRUNK.
17 L

EVERGREEN SCREEN TREE
OLEA. E. 'WILSONII', FRUITLESS OLIVE TREE
36" BOX SIZE. STANDARD TRUNK
5 L

EVERGREEN SCREEN TREE

PINUS ELDARICA, MONDELL PINE
24" BOX SIZE
48 L

PROPERTY LINE SCREEN TREE

GEIJERA PARVIFLORA, AUSTRALIAN WILLOW
ALT: QUERCUS AGRIFOLIA, COAST LIVE OAK
36" BOX SIZE.
19 L

FLOWERING ACCENT TREE
CERCIDIUM F. 'DESERT MUSEUM', BLUE PALO VERDE
36" BOX SIZE
11 L

VERTICAL TREE AGAINST BUILDING

TRISTANIA CONFERTA, BRISBANE BOX
24" BOX SIZE
10 M

PLANTING LEGEND
DESIGN KEY NOTES:

1. STREET TREE PER PLANTING LEGEND.

2. TYP. LAYERED ACCENT PLANTING ALONG
STREET FRONTAGE (LOW-GROWING).

3. EVERGREEN PARKING LOT CANOPY TREE
(LOW-LITTER TYPE).

4. FLOWERING ACCENT PLANT AT FOCAL AREAS
PER PLANTING LEGEND.

5. GROUND COVER AND SHRUBS PER PLANTING
PALETTE.

6. PROPERTY LINE SCREEN TREE PER PLANTING
LEGEND.

7. CALIFORNIA NATIVE TREE PER PLANTING
LEGEND.

8. DECOMPOSED GRANITE WITH SUCCULENT
PLANTING.

9. PROPOSED 3:1 LANDSCAPE BERMS ALONG
STREET FRONTAGE.

10. 12" WD. CONC. STEP OFF AREA AT LANDSCAPE
AREA ADJACENT TO PARKING STALL AREA. 5'
MIN. TREE PLANTING AREA.

11. OUTDOOR EMPLOYEE BREAK AREA WITH SITE
FURNISHINGS AND TRASH RECEPTACLES.

REFERENCE NOTES:

A. SIDEWALK PER CIVIL PLANS.

B. GATE PER ARCH. PLANS.

C. TRASH PER ARCH. PLANS.

D. BIKE RACK PER ARCH. PLANS.

E. MOTORCYCLE PARKING PER ARCH. PLANS.

F. NEW FIRE HYDRANT PER CIVIL PLANS.

G. TRANSFORMER PER ARCH. PLANS.

SHRUBS - SHRUBS SHALL BE CHOSEN FROM THE FOLLOWING:

SYMBOL NAME WUCOLS
DODONAEA V. 'PURPUREA', PURPLE HOPSEED BUSH
5 GAL. SIZE L

WESTRINGIA FRUTICOSA, COAST ROSEMARY
5 GAL. SIZE L

LIGUSTRUM TEXANUM, TEXAS PRIVET
5 GAL. SIZE M

LEUCOPHYLLUM FRUTESCENS 'GREEN CLOUD', TEXAS RANGER
5 GAL. SIZE L

OLEA 'LITTLE OLLIE', DWARF OLIVE
5 GAL. SIZE L

ACCENT SHRUBS AT INORGANIC MULCH AREAS-

SYMBOL NAME WUCOLS
AGAVE A. 'MEDIOPICTA ALBA', VARIEGATED CENTURY PLANT
5 GAL. SIZE L
AGAVE P. 'TRUNCATA', PARRY'S AGAVE
5 GAL. SIZE L

AGAVE WEBERII, SMOOTH AGAVE
15 GAL. SIZE L
NOTE: SHRUB SIZES SHALL VARY WITH NOT LESS THAN 50 PERCENT OF SHRUBS FIVE-GALLON IN SIZE.

GROUND COVERS

SYMBOL NAME WUCOLS
ROSMARINUS O. 'PROSTRATUS', CREEPING ROSEMARY
1 GAL. SIZE @ 30" O.C. L

LANTANA CAMARA 'DWARF GOLD', DWARF LANTANA
1 GAL. SIZE @ 30" O.C. L

MUHLENBERGIA RIGENS, DEER GRASS
1 GAL. SIZE @ 42" O.C. M

SALVIA CLEVLANDII, CLEVLAND SAGE
5 GAL. SIZE @ 48" O.C. L

DIANELLA TASMANICA 'VARIEGATA', WHITE STRIPED TASMAN FLAX LILY 1 GAL. SIZE @ 24" O.C. M
LONICERA J. 'HALLIANA', HALL'S HONEYSUCKLE
1 GAL. SIZE @ 24" O.C. L

CARISSA MACROCARPA 'GREEN CARPET', NATAL PLUM
1 GAL. SIZE @ 30" O.C. M

SALVIA LEUCANTHA, MEXICAN BUSH SAGE
5 GAL. SIZE @ 42" O.C. L

AGAVE 'BLUE FLAME', BLUE FLAME AGAVE
5 GAL. SIZE @ 36" O.C. L
LEYMUS C. 'CANYON PRINCE', CANYON PRINCE WILD RYE
1 GAL. SIZE @ 36" O.C. L

DIETES BICOLOR, FORTNIGHT LILY
1 GAL. SIZE @ 24" O.C. M

VERBENA 'DE LA MINA', DE LA MINA VERBENA
1 GAL. SIZE @ 24" O.C. L
NOTE: APPLY A 3" MIN. LAYER OF MULCH TOP DRESSING WITHIN ALL PLANTING AREAS. A SAMPLE IS REQUIRED P.L.
3 2
BLDG.
4 1

1. DENSE EVERGREEN SCREEN

SHRUBS ALONG PROPERTY LINE

ADJACENT TO SENSITIVE
RECEPTOR.

2. EVERGREEN SCREEN TREES
ALONG SENNSITIVE RECEPTOR.
36" BOX SIZE, SPACED NO
GREATER THAN 40' ON CENTER.

3. PARKING LOT SHADE TREES.

4. 10' SCREEN WALL.

SECTION A-A' KEY NOTES:

SCALE: 1" = 50'-0"
0 50' 100' 150'
NORTH

EXISTING CALTRANS

LANDSCAPE AREA TO
REMAIN. NOT A PART
OF PROJECT.

WUCOLS PLANT FACTOR

THIS PROJECT IS LOCATED IN 'WUCOLS'
REGION '4-SOUTH INLAND VALLEY'.

H = HIGH WATER NEEDS
M = MODERATE WATER NEEDS
L = LOW WATER NEEDS
VL= VERY LOW WATER NEEDS
· ROCK RIP-RAP MATERIAL SHALL BE INSTALLED

WHERE DRAIN LINES CONNECT TO
INFILTRATION AREAS.
· ALL UTILITY EQUIPMENT SUCH AS BACKFLOW

UNITS, FIRE DETECTOR CHECKS AND FIRE

CHECK VALVES WILL BE SCREENED WITH

EVERGREEN PLANT MATERIAL ONCE FINAL
LOCATIONS HAVE BEEN DETERMINED.

GENERAL NOTES:

THIS IS A CONCEPTUAL LANDSCAPE PLAN. IT IS

BASED ON PRELIMINARY INFORMATION WHICH IS
NOT FULLY VERIFIED AND MAY BE INCOMPLETE. IT

IS MEANT AS A COMPARATIVE AID IN EXAMINING

ALTERNATE DEVELOPMENT STRATEGIES AND ANY

QUANTITIES INDICATED ARE SUBJECT TO REVISION

AS MORE RELIABLE INFORMATION BECOMES
AVAILABLE.

IRRIGATION NOTE:

THE PROJECT WILL BE EQUIPPED WITH A LOW FLOW

IRRIGATION SYSTEM CONSISTING OF ET WEATHER

BASED SMART CONTROLLER, LOW FLOW ROTORS,

BUBBLER AND/ OR DRIP SYSTEMS USED
THROUGHOUT. THE IRRIGATION WATER EFFICIENCY

WILL MEET OR SURPASS THE CURRENT STATED
MANDATED AB-1881 WATER ORDINANCE.

CONCEPTUAL PLAN NOTE:

CITRUS & BOYLE
DISCLAIMER:

ALL INFORMATION CONTAINED HEREIN MAY BE SUBJECT TO CHANGE PENDING OWNER AND OR AGENCY REVIEW AND IS FOR INFORMATION ONLY

FONTANA, CA
2024-01-19
2023-0244
© 2021 Architects Orange, LLP dba AO These plans are copyright protected. Under such protection unauthorized use is not permitted. These plans shall not be reproduced or used without written permission by AO. c:\users\angel\onedrive\desktop\2024 0220_prelim_crow holdings-fontana\2024 0221_prelim_crow holdings-fontana.dwg CONCEPTUAL LANDSCAPE PLAN L-1
PARKING LOT TREE RATIO MATRIX:
-TOTAL NUMBER OF PARKING STALLS = 97
-(1) TREE PER 4 STALLS REQUIRED.
-TOTAL NUMBER OF PARKING LOT TREES
REQUIRED = 25
-TOTAL NUMBER OF PROPOSED PARKING LOT
TREES PROVIDED= 33
CONSISTING OF:
(17) 24" BOX SIZE QUERCUS ILEX &
(16) 36" BOX SIZE GEIJERIA PARVIFLORA

SECTION 'A-A'
SCALE: 1"=20'-0"
CITY OF FONTANA NOTES:

ALL LANDSCAPING SHALL BE DROUGHT TOLERANT, AND TO THE EXTENT FEASIBLE, SPECIES WITH LOW BIOGENIC EMISSIONS. PALM TREES SHALL NOT BE UTILIZED.

ALL LANDSCAPING AREAS SHALL BE PROPERLY IRRIGATED FOR THE LIFE OF THE FACILITY TO ALLOW FOR PLANTS AND TREES TO MAINTAIN GROWTH.

TREES SHALL BE INSTALLED IN AUTOMOBILE PARKING AREAS TO PROVIDE AT LEAST 35% SHADE COVER OF PARKING AREAS WITHIN FIFTEEN YEARS. TREES SHALL BE PLANTED THAT ARE CAPABLE OF MEETING THIS REQUIREMENT.

TREES SHALL BE USED AS PART OF A SOLID SCREEN BUFFERING TREATMENT.

TREES USED FOR THIS PURPOSE SHALL BE EVERGREEN, DROUGHT TOLERANT, MINIMUM 36-INCH BOX, AND SHALL BE SPACED AT NO GREATER THAN 40-FEET ON CENTER. THE PROPERTY OWNER AND ANY SUCCESSORS IN INTEREST SHALL

MAINTAIN THESE TREES FOR THE DURATION OF THE OWNERSHIP ENSURING ANY UNHEALTHY OR DEAD TREES ARE REPLACED TIMELY AS NEEDED.

SITE AREA = 689,990 SQ.FT.

REQUIRED SITE LANDSCAPE ARE (337,495 SQ. FT.) = 50,625 SQ. FT. (15%) (SITE AREA MINUS BUILDING FOOTPRINT)
TOTAL LANDSCAPE AREA PROVIDED = 71,889 SQ. FT. (21.3%)

LANDSCAPE DATA MINIMUM ON-SITE TREE SIZE REQUIREMENTS

REQUIRED PROPOSED
36" BOX SIZE TREES
24" BOX SIZE TREES

TREE SIZES
12 108
(MIN. 10%)
(MAX. 90%)
58 108
· THE PROPERTY OWNER AND ANY SUCCESSORS IN

INTEREST SHALL MAINTAIN PERIMETER SCREEN TREES

FOR THE DURATION OF OWNERSHIP, ENSURING ANY

UNHEALTHY OR DEAD TREES ARE REPLACED TIMELY AS
NEEDED.
· ALL LANDSCAPING SHALL BE DROUGHT TOLERANT, AND

TO THE EXTENT FEASIBLE, SPECIES WITH LOW BIOGENIC
EMISSIONS. PALM TREES SHALL NOT BE UTILIZED.
· ALL LANDSCAPING AREAS SHALL BE PROPERLY IRRIGATED

FOR THE LIFE OF THE FACILITY TO ALLOW FOR PLANTS
AND TREES TO MAINTAIN GROWTH.
· TREES SHALL BE INSTALLED IN AUTOMOBILE PARKING
AREAS TO PROVIDE AT LEAST 35 PERCENT SHADE COVER
OF PARKING AREAS WITHIN 15 YEARS. TREES SHALL BE

PLANTED THAT ARE CAPABLE OF MEETING THIS
REQUIREMENT.

LANDSCAPE NOTES
DISCLAIMER:

Date

CONCEPTUAL SITE PLAN & PROJECT DATA
1” = 40’-0”
0 40’ 80’
281'-2"
19'-0" 26'-0" 19'-0" 5'-0"
19'-0" 10'-0"
13'-0"
70'-0"
12'-5"
6'-6"
9'-0" 7'-0"
2'-0" 5'-0"
7'-6"
9'-0"
60'-0"
17'-5" 4'-6"
12'-0"
53'-0"
20'-8"
20'-8"
22'-6"
13'-0"
9'-0"
TYP.
12'-0"
53'-0"
5'-6"
15'-0" 6'-0"15'-0" 10'-4" 16'-0"
14'-0"
26'-2"
20'-7"
14'-7"
20'-3"
2'-0"

LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING EV
EV

EVCS EVCS
EVCS

EVCS EV
EV
EV
EV
EV
EV
EV
EV

VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL EVCS

LOADING
6'-0"
5'-6" 20'-2"
60'-0"
62'-0"
554'-9"
1067'-1"
7'-0"
7'-0"
7'-0"
5'-6" 6'-0"
24'-0" 2'-0"
6'-0" 2'-0"
7'-0"
5'-0" 2'-0"
20'-3"
2'-0"
6'-0"
10'-0"
2'-0" 6'-0" 2'-0"
9'-0"
2'-0" 5'-0"2'-0"
9'-0"
2'-0"5'-0"2'-0"
9'-0"
2'-0"5'-0"2'-0"
9'-0"
2'-0"5'-0"2'-0" 15'-10"
17'-10"
2'-0"
7'-0"
2'-0"5'-0"
10'-0"
2'-0" 8'-0"
66'-0" 19'-0" 2'-0"
20'-7"20'-7"
10'-4" 10'-4"
60'-0" 62'-0" 6'-0" 21'-10"

DRIVEWAY
10'-6" 42'-2"
34'-4"
6'-0"
132'-0" 53'-0" 33'-8"
73'-9"
10'-4" 10'-4"
60'-0"

DRIVEWAY
35'-0"

DRIVEWAY
(PASSENGER

VEHICLES ONLY)
35'-0"

DRIVEWAY
(PASSENGER

VEHICLES ONLY)
185'-0
56'-0"
21'-0"
74'-8"
21'-0"
14'-0"
11'-8"
10'-0"
5'-0"
27'-6"
20'-0"
7'-0"
3'-0"
5'-3"
3'-6"
3'-6"
21'-10"
2'-10"
17'-0"
29'-4"
26'-0"
30'-0" 19'-0" 7'-0" 19'-0" 26'-0" 19'-0" 11'-1"
72'-2"
323'-4" 332'-5"
655'-9"
20'-4"
10'-2" 45'-0" 6'-0"
154'-9"
28'-8"
22'-4"
5'-6"
6'-0"
WALL TO STOP 6' FROM

PROPERTY LINE FOR REVERSE

CORNER LOT VISIBILITY
MIN 20' LANDSCAPE
SETBACK WITH 3:1 BERM
(8) MOTORCYCLE

PARKING SPACES
MIN 20' LANDSCAPE
SETBACK WITH 3:1 BERM

CITRUS & BOYLE

FONTANA, CA
2023-10-23
2023-0244
CONCEPTUAL SITE PLAN & PROJECT DATA A1.1
KEY NOTES:

PEDESTRIAN PAVING (SEE CIVIL & LANDSCAPE)

CONCRETE VEHICULAR PAVING (SEE CIVIL)

LANDSCAPE AREA (SEE LANDSCAPE)
10' H SCREEN WALL - SPLIT FACE CONCRETE BLOCK WITH DECORATIVE PREFAB BLOCK CAP AND DECORATIVE PILASTER EVERY 50'
BI PARTING MANUAL ROLLING GATE WITH FUTURE POWER (8' HEIGHT) 10'H SCREEN WALL PER ORDINANCE NO.1891

TRASH ENCLOSURE (ADA COMPLIANT)

ADA RAMP (AS REQUIRED)

ADA PATH OF TRAVEL
PROVIDE KNOX BOX (LOCATION PER FIRE DEPT.)

CONCRETE STAIRS

EMERGENCY VEHICLE PATH

PUMP HOUSE

ELECTRICAL ROOM
1 2
3 4
5 6
7 8
9 10
11 12
13 14
(12) BICYCLE SPACES TO INCLUDE LOCKS AND ELECTRIC PLUGS FOR ELECTRIC BICYCLE CHARGING (12 REQUIRED, 12 PROVIDED) 15 OVERALL SITE PLAN SCALE: 1"=40' 1
1022'-0"
1247'-0"
10'-0"
277'-2"
185'-0"
606'-9"
10'-0"
30'-0"
26'-0"
365'-6"
940'-0"
31'-9"

11. 8.
3 6.

3. 3.

6. 3.
.2.

5. 10.

3. 7.
.2.

12.2. 3 3.

3. 3.

3. 3 3.

14. 6
.2.

11.2. .28.
. 2 . 15
.29.
12 12.2.
.2.
.2.

1. .26.

1. .26.
2 10 10 10
10 12 12
5 6
6 O L E A N D E R A V E N U E

B O Y L E A V E N U E

C I T R U S A V E N U E

S L O V E R A V E N U E
(42) DOCK DOORS
(8) DOCK DOORS

OFFICE AREA
355,995 S.F.
(INCLUDING MEZZ. 3,500 S.F.)

TOTAL BUILDING AREA
G.D. G.D.

GRAPHIC LEGEND:
= OFFICE ENTRY
= GRADE DOOR (12'X15')
= A.D.A. ACCESSIBLE PRKG.
= PROPERTY LINE (SEE CIVIL)
= DOCK DOOR & LEVELER
= CANOPY OR OVERHANG
= CENTERLINE OR GRID LINE
= EASEMENT (SEE CIVIL)
= TRASH ENCLOSURE W/ SOLID ROOF
A.D.A. ACCESSIBLE
= WB-67' TRACTOR TRAILER
= ADA PATH OF TRAVEL
= LIGHT STANDARD LUMINAIR N.T.S.

MUST BE FULLY SHIELDED SEC. 19.7.8.E.2.A.4
= WALL PACK WITH CUT-OFF N.T.S. SHALL
NOT EXCEED 18' ABOVE GRADE
= 10'H SCREEN WALL
= FIRE LANE
= FIRE HYDRANT
G.D.

N
0 5' 10' 20' 40' 60' 80'
40'
.26.

6. 6.
= 10' BUFFER AREA PER ORDINANCE NO. 1891
10'-0"
10'-0"
. 13
G.D.
50'-0"

DRIVEWAY
(PASSENGER

VEHICLES ONLY)
2 7

3. 16 TRANSFORMER
16 3

3. 8.
5 17 PROPERTY LINE

17.2 17
18 AUTO PARKING 9'x19' TYP.
19 TRAILER PARKING 12'x53' TYP.
20 TRAILER LOADING 13'x70' TYP.
(EV) READY SPACE - ALL NECESSARY CONDUIT AND RELATED

APPURTENANCE WILL BE INSTALLED
27 EV SPACE EQUIPPED WITH WORKING LEVEL 2 QUICK CHARGE. STATION TO BE INSTALLED AND OPERATIONAL PRIOR TO BUILDING OCCUPANCY 26 26 27
21 BUILDING ENTRANCE
22 PUBLIC SIDEWALK DEDICATION
21 #
22 LOCKER, SHOWER, AND CHANGING ROOM FACILITIES TO BE PROVIDED FOR EMPLOYEES BICYCLING OR WALKING TO WORK 25
23 HINGED METAL GATE
25 23
5 24 OUTDOOR BREAK AREA
24 3
= EV CAPABLE SPACE
= EV CAPABLE SPACE EQUIPPED WITH EVSE EVCS
EV
GENERAL PROJECT INFO:

GENERAL PLAN:

ZONING:

LIGHT INDUSTRIAL
M-1
PROJECT DATA: PROVIDED
SITE AREA:

BUILDING AREA:

FIRST FLOOR OFFICE

FIRST FLOOR WAREHOUSE
TOTAL FIRST FLOOR:

SECOND FLOOR OFFICE
TOTAL:

COVERAGE (60%MAX - 413,944 SF):

F.A.R. (0.60 MAX - 413,944 SF):

REQUIRED SITE LANDSCAPE AREA (337,495 SF)
(SITE AREA MINUS BUILDING FOOTPRINT)
PROVIDED SITE LANDSCAPE:

NUMBER OF TRUCK DOORS

TRUCK DOOR RATIO
± 689,990 SF
± 15.84 AC
3,500 SF
348,995 SF
352,495 SF
3,500 SF
355,995 SF

51.09%

0.51 50,625 SF

15.0%
71,889 SF

21.3%
50 DOORS
1 PER 7,119 SF
PARKING DATA:

PARKING REQUIRED:

OFFICE - 7,000 SF @ 1/250 SF (LESS THAN 10%)
WAREHOUSE -1/1000 SF FIRST 20K
WAREHOUSE - 1/2000 SF 20K-40K
WAREHOUSE - 1/5000 SF ABOVE 40K

TOTAL STALLS REQUIRED
PARKING PROVIDED (9'x19'):

EV CAPABLE STALLS

EVCS STALLS

MOTORCYCLE

VANPOOL/CARPOOL
BICYCLE (1 PER EACH 30,000 SF)
TRAILER (12X52) (1 PER EACH 5,000 SF)
LOADING SPACES (1 PER EACH 30,000 SF)
0 STALLS
20 STALLS
10 STALLS
64 STALLS
94 STALLS
97 STALLS

REQUIRED PROVIDED
10 10
5 5
0 8
10 10
12 12
71 72
12 12
18 18
19 19
20 17 17
17 17
= EV CAPABLE SPACE EQUIPPED WITH EVSE VANPOOL
= 11' X 53' TRAILER PARKING
22 22
22 22
9 22
3 3.
6 23
6 6 6
4 4
5 6
DISCLAIMER:

Date

TRUCK CIRCULATION & DIAGRAMS
0 40’ 80’
1” = 40’-0”

O L E A N D E R A V E N U E

S L O V E R A V E N U E

B O Y L E A V E N U E

C I T R U S A V E N U E
G.D. G.D.

G.D.

LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING EV
EV

EVCS EVCS
EVCS

EVCS EV
EV
EV
EV
EV
EV
EV
EV

VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL EVCS

LOADING
274'-11"
72'-2"
310'-6"
46'-4"
143'-1"
125'-6"
325'-6"
10'H SCREEN WALL
227'-8"
10'H SCREEN WALL
10'-4" 10'-4"
53'-8"
10'H SCREEN WALL
10'H SCREEN WALL
10'H SCREEN WALL
10'H SCREEN WALL
10'H SCREEN WALL
10'H SCREEN WALL
10'H SCREEN WALL
(SPLIT FACE CONCRETE BLOCK

WITH DECORATIVE PREFABRICATED

BLOCK CAP AND DECORATIVE
PILASTER EVERY 50')
53'-0"
10'H SCREEN WALL
79'-0"
63'-9"
10'H SCREEN WALL
10'H SCREEN WALL
(SPLIT FACE CONCRETE BLOCK

WITH DECORATIVE PREFABRICATED

BLOCK CAP AND DECORATIVE
PILASTER EVERY 50')
10'H SCREEN WALL
(SPLIT FACE

CONCRETE BLOCK

WITH DECORATIVE

PREFABRICATED

BLOCK CAP AND

DECORATIVE
PILASTER EVERY 50')
TWO 74' LONG

STACKING LANES
10'-4" 10'-4" 10'H SCREEN WALL 53'-0" 10'H SCREEN WALL
223'-8"
10'H SCREEN WALL
10'H SCREEN WALL
TWO 74' LONG

STACKING LANES
TWO 74' LONG

STACKING LANES
270'-2"
10'H SCREEN WALL

SLOVER AVENUE

LINE-OF-SIGHT

LINE-OF-SIGHT
10' HIGH SCREEN WALL

TRUCK YARD
DOCK
DOOR
R/W

R/W - CENTERLINE
R/W
6'-0"
10'-0"
60'-0"
10'-0"
10'-4" 10'-4"
DOCK
DOOR
10' HIGH SCREEN WALL

LINE-OF-SIGHT
R/W 6'-0"
10'-0"
185'-0"

LANDSCAPE TRUCK YARD
(VARIES)

CITRUS AVENUE

CITRUS & BOYLE

FONTANA, CA
2023-05-08
2023-0244

CONCEPTUAL TRUCK CIRCULATION PLAN
v. 8
A1.2
N
0 5' 10' 20' 40' 60' 80'
40'
3 33'-1"
185'-0"
14'-0"
3 -
SCREEN WALL ELEVATION SCALE: 1"=10'-0" LINE OF SIGHT SCALE: 1"=30'-0" 2 TRUCK CIRCULATION & FENCE PLAN SCALE: 1"=40' 1
LINE OF SIGHT SCALE: 1"=30'-0" 4
185'-0"
6'-0"
10'-0"
14'-0"
-
4 -
2 DISCLAIMER:

TRUCK CIRCULATION & FENCE PLAN
LINE OF SIGHT SCALE: 1”=30’-0” SCREEN WALL ELEVATION SCALE: 1”=10’-0” LINE OF SIGHT SCALE: 1”=30’-0” SCALE: 1” = 40’
| 4 | | 3 | | 2 |
| 1 |
93719
Scale
Job No.

Date

CONCEPTUAL FLOOR PLAN
1” = 30’-0”
0 30’ 60’
DISCLAIMER:

ALL INFORMATION CONTAINED HEREIN MAY BE SUBJECT TO CHANGE PENDING OWNER AND OR AGENCY REVIEW AND IS FOR INFORMATION ONLY nauthorized use is not permitted. These plans shall not be reproduced or used without written permission by AO. 23-0244 - cirtus & boyle - site plan.dwg
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18
A
B
C
D
E
F
G
H
A
B
C
D
E
F
G
H
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18
(42) DOCK DOORS
(8) DOCK DOORS
60'-0" 46'-0" 56'-0" 56'-0" 56'-0" 56'-0" 56'-0" 56'-0" 56'-0" 56'-0" 56'-0" 56'-0" 56'-0" 56'-0" 56'-0" 56'-0" 50'-0" 940'-0"
65'-6" 60'-0" 60'-0" 60'-0" 60'-0"65'-6" 60'-0" 60'-0" 60'-0" 60'-0" 60'-0" 55'-6" 421'-0"
60'-0" 46'-0" 56'-0" 56'-0" 56'-0" 56'-0" 56'-0" 56'-0" 56'-0" 56'-0" 56'-0" 56'-0" 56'-0" 56'-0" 56'-0" 56'-0" 50'-0"

BUILDING AREA
355,995 S.F.
(MEZZ. 3,500 S.F.)

OFFICE AREA
421'-0"
60'-0" 55'-6"
940'-0"

CITRUS & BOYLE

FONTANA, CA
2023-05-08
2023-0244
CONCEPTUAL FLOOR PLAN A2.1
OVERALL SITE PLAN SCALE: 1"=30' 1
G.D.

G.D. G.D.
93820
Scale
Job No.

Date

ELEVATIONS & MATERIALS
1”=30’-0”
1 3
4 2
GL-1
M-1
GL-1
M-1
GL-1
M-1
GL-1
M-1
GL-1
M-1
GL-1
M-1
GL-1
M-1
GL-1
M-1
P
1 P
1 P
1 P
1 P
2 P
1 P
1 P
4 P
4 P
4 P
1 P
1 P
4 MC
1 MC
1 MC
1 MC
1 MC
1 MC
1 MC
1 MC
1 MC
1 MC
1 P
2 P
2 P
2 P
4 P
4 P
2 P
4 P
4 P
4 P
4 P
4 P
3B
P
3 P
3A
P
3A
P
3B
P
3B
P
3B
P
3B
P
3A
P
3B
P
3B
P
3A
P
3B
P
3B
P
3A
P
3B
P
3A
DISCLAIMER:

COLOR SCHEDULE / MATERIALS
P1 PAINT 1 COLOR: PPG SHADED WHISPER PPG0995-1
MAIN BUILDING COLOR — WHITE
P2 PAINT 2 COLOR: PPG SILVER BAND PPG0995-3
LIGHT ACCENT COLOR — MEDIUM GREY
P3 PAINT 3 COLOR: PPG CITY SKYLINE PPG0995-6

DARK ACCENT COLOR - DARK GREY
GL-1 GLAZING 1” INSULATED BLUE GLAZING
COLOR: BLUE
M-1 MULLIONS CLEAR ANODIZED
M2 CANOPY ALUCOBOND: BLACK ANODIZED
S1 MASONRY SPLIT FACE CONCRTE MASONRY UNIT
WEST ELEVATION | 4 |
SOUTH ELEVATION | 1 |
EAST ELEVATION | 2 |
NORTH ELEVATION | 3 |

DARK ACCENT COLOR - DARK GREY
COLOR: PPG CITY SKYLINE PPG0995-6
P
3A
LIGHT ACCENT COLOR — MEDIUM GREY
COLOR: PPG SILVER BAND PPG0995-3
P
2 DARK ACCENT COLOR 2 - DARK GREY
COLOR: PPG STARLESS SKY PPG0995-7

FLUTTED RIBBED FORMLINER
P
3B
DARK ACCENT COLOR 2 - DARK GREY
COLOR: PPG STARLESS SKY PPG0995-7
P
4 1” INSULATED BLUE GLAZING
COLOR: BLUE
GL
1 MULLIONS

BLACK ANODIZED
M
1 METAL CANOPY
ALUCOBOND: BLACK ANODIZED
MC
1 SPLIT FACE CMU
COLOR: GRAY
S
1 MAIN BUILDING COLOR — WHITE
COLOR: PPG SHADED WHISPER PPG0995-1
P
1 93921
Scale
Job No.

Date

SCREEN WALLS ELEVATIONS
1”=30’-0”
G.D. G.D.

LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING

EVCS EVCS
EVCS

EVCS EVCS

LOADING
274'-11"
72'-2" 125'-6"
325'-6"
10'H SCREEN WALL
227'-8"
10'H SCREEN WALL
10'-4" 10'-4"
53'-8"
10'H SCREEN WALL
10'H SCREEN WALL
10'H SCREEN WALL
10'H SCREEN WALL
10'H SCREEN WALL
(SPLIT FACE CONCRETE BLOCK

WITH DECORATIVE PREFABRICATED

BLOCK CAP AND DECORATIVE
PILASTER EVERY 50')
53'-0"
10'H SCREEN WALL
10'H SCREEN WALL
(SPLIT FACE

CONCRETE BLOCK

WITH DECORATIVE

PREFABRICATED

BLOCK CAP AND

DECORATIVE
PILASTER EVERY 50')
TWO 74' LONG

STACKING LANES
10'-4" 10'-4" 10'H SCREEN WALL 53'-0" 10'H SCREEN WALL
223'-8"
10'H SCREEN WALL
10'H SCREEN WALL
TWO 74' LONG

STACKING LANES
TWO 74' LONG

STACKING LANES
270'-2"
10'H SCREEN WALL
WALL TO STOP 6'

FROM PROPERTY

LINE FOR REVERSE

CORNER LOT

VISIBILITY
G.D.
46'-4"
143'-1"
125'-6"
10'H SCREEN WALL
10'H SCREEN WALL
10'H SCREEN WALL
79'-0"
63'-9"
10'H SCREEN WALL

CITRUS & BOYLE

FONTANA, CA
2023-05-08
2023-0244

CONCEPTUAL TRUCK CIRCULATION PLAN
v. 8
A1.2
N
0 5' 10' 20' 40' 60' 80'
40'
1 -
2 -
4 -
3 -
5 -
6 -
7 -
8 -
3 -
P
1 P
2 P
2 P
2 P
2 P
2 S
1 P
3A
P
3A
P
3A P
3A
P
1 P
1 P
1 P
1 P
1 P
3A
P
2 P
1 P
2 DISCLAIMER:

SOUTH WALL - SOUTH ELEVATION

SOUTH WALL - EAST ELEVATION

WEST WALL - SOUTH ELEVATION

EAST WALL - EAST ELEVATION

TRASH ENCLOSURE AND PUMP ROOM TRASH ENCLOSURE AND PUMP ROOM NOTE: TRASH ENCLOSURE MUST BE FULLY ENCLOSED WITH SOLID ROOFING

WEST WALL - NORTH ELEVATION

WEST WALL - WEST ELEVATION
| 1 |
| 2 |
| 4 |
| 6 |
| 8 | | 7 |
| 5 |
| 3 |

DARK ACCENT COLOR - DARK GREY
S1 MASONRY SPLIT FACE CONCRTE MASONRY UNIT
COLOR: GRAY
NOTE: S1 - 10’ H SCREEN WALL - SPLIT FACE CONCRETE BLOCK WITH DECORATIVE PREFAB BLOCK CAP AND DECORATIVE PILASTER EVERY 50’ 94022
Scale
Job No.

Date

CITRUS & BOYLE
Fontana, CA
2023-0244
2024-02-22

PERSPECTIVE VIEW - SE
N.A.

S.P.R.R.

LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING EV
EV

EVCS EVCS
EVCS

EVCS EV
EV
EV
EV
EV
EV
EV
EV

VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL EVCS

LOADING
DISCLAIMER:

Date

CITRUS & BOYLE
Fontana, CA
2023-0244
2024-02-22

PERSPECTIVE VIEW - SE NIGHT
N.A.

S.P.R.R.

LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING EV
EV

EVCS EVCS
EVCS

EVCS EV
EV
EV
EV
EV
EV
EV
EV

VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL EVCS

LOADING
DISCLAIMER:

Date

CITRUS & BOYLE
Fontana, CA
2023-0244
2024-02-22

PERSPECTIVE VIEW - NE
N.A.

S.P.R.R.

LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING EV
EV

EVCS EVCS
EVCS

EVCS EV
EV
EV
EV
EV
EV
EV
EV

VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL EVCS

LOADING
DISCLAIMER:

Date

CITRUS & BOYLE
Fontana, CA
2023-0244
2024-02-22

PERSPECTIVE VIEW - NW
N.A.

S.P.R.R.

LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING EV
EV

EVCS EVCS
EVCS

EVCS EV
EV
EV
EV
EV
EV
EV
EV

VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL EVCS

LOADING
DISCLAIMER:

Date

CITRUS & BOYLE
Fontana, CA
2023-0244
2024-02-22

PERSPECTIVE VIEW - SW
N.A.

S.P.R.R.

LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING EV
EV

EVCS EVCS
EVCS

EVCS EV
EV
EV
EV
EV
EV
EV
EV

VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL EVCS

LOADING
DISCLAIMER:

Date

CITRUS & BOYLE
Fontana, CA
2023-0244
2024-02-22

PERSPECTIVE VIEW - SLOVER
N.A.

S.P.R.R.

LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING LOADING EV
EV

EVCS EVCS
EVCS

EVCS EV
EV
EV
EV
EV
EV
EV
EV

VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL VANPOOL EVCS

LOADING
DISCLAIMER:

GENERAL PLAN

AMENDMENT

EXHIBIT
DATE: March 19, 2024
CASE: Master Case No. 22-115, General Plan
Amendment No. 22-009, Zoning Code Amendment
No. 22-009, Tentative Parcel Map No. 22-029,
Design Review Plan No. 22-054, Development
Agreement No. 23-096

EXISTING GENERAL PLAN DESIGNATION

COMMUNITY COMMERCIAL (C-C)

PROPOSED GENERAL PLAN DESIGNATION

LIGHT INDUSTRIAL (I-L)

CITY OF FONTANA PLANNING

DEPARTMENT
APN 0251-151-10
APN 0251-151-10
94729
ATTACHMENT NO. 4
sdf

ZONE CHANGE

EXISTING ZONING MAP DESIGNATION
COMMUNITY COMMERCIAL (C-1)

PROPOSED ZONING MAP DESIGNATION
LIGHT INDUSTRIAL (M-1)

CITY OF FONTANA PLANNING

DEPARTMENT
APN 0251-151-10
APN 0251-151-10
94830
ATTACHMENT NO. 5
RESOLUTION PC NO. 2024-___

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

FONTANA RECOMMENDING THAT THE CITY COUNCIL ADOPT THE

INITIAL STUDY/MITIGATED NEGATIVE DECLARATION, A

MITIGATION MONITORING AND REPORTING PROGRAM, A
RESOLUTION APPROVING GENERAL PLAN AMENDMENT NO. 22-
009, AN ORDINANCE APPROVING ZONING DISTRICT MAP
AMENDMENT NO. 22-009, AN ORDINANCE APPROVING
DEVELOPMENT AGREEMENT NO. 23-096, A RESOLUTION
APPROVING TENTATIVE PARCEL MAP NO. 22-029 (TPM NO. 20834) AND A RESOLUTION APPROVING DESIGN REVIEW NO. 22-054
FOR THE DEVELOPMENT OF A 355,995 SQUARE FOOT

INDUSTRIAL COMMERCE CENTER BUILDING ON A SITE OF
APPROXIMATELY 15.84 GROSS ACRES LOCATED AT APNs 0251-
151-03 THROUGH -07, -09 AND -10, -14 THROUGH -16, -18
THROUGH -22, AND -39 THROUGH -44, AND DIRECT STAFF TO
FILE THE NOTICE OF DETERMINATION.

WHEREAS, on January 25, 1974, and September 19, 2006, Assessor Parcel Numbers (“APN”) 0251-151-03 through -07, -09 and -10, -14 through -16, -18 through -22, and -39 through -44 were annexed from San Bernardino County into the City of Fontana on (“Project Site”); and
WHEREAS, the most recent edition of the City of Fontana General Plan was adopted by the Fontana City Council (“City Council”) on November 13, 2018 and the City of Fontana Housing Element was adopted by the City Council on February 8, 2022; and
WHEREAS, 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), Zoning District Code Map Amendment (ZCA No. 22-009), Tentative Parcel Map (Tentative Parcel Map No. 22-029 (TPM No. 20834)), Design Review (DRP No. 22-054), and Development Agreement (AGR No. 23-096) to change the General Plan land use designation for APN 0251-151-10 from Community Commercial (C-C) to Light Industrial (I-L), amend the Zoning District Map for APN 0251-151-10 from Community Commercial (C-1) to Light Industrial (M-1), consolidate the total of the parcels at the Project Site into one parcel, review the architecture and site design of the project and enter into an agreement for the development of an industrial commerce center building totaling 355,995 square feet on a site comprised of approximately 15.8 acres; and WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code §21000 et seq.) and the State CEQA Guidelines (California Code of Regulations, Title 14, §15000 et seq.) (“CEQA”), 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 WHEREAS, the MND indicated that all potential environmental impacts from the project would be less than significant with the incorporation of the identified mitigation 94931
Resolution PC No. 2024-____

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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 between February 23, 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 are attached hereto as Exhibit “A” for Tentative Parcel Map 22-029 (TPM No. 20834) and Exhibit “B” for DRP No. 22-054; 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 Project Site; and
WHEREAS, the owners of property within 660 feet of the Project Site were notified via public hearing notice mailer prior to the public hearing; and WHEREAS, on March 19, 2024, a duly noticed public hearing on GPA No. 22-009, ZCA No. 22-009, Tentative Parcel Map No. 22-029 (TPM No. 20834), DRP No. 22- 054, and AGR No. 23-096 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, the Planning Commission received public testimony and evidence presented by the Applicant, City staff, and other interested parties, at the public hearing on GPA No. 22-009, ZCA No. 22-009, Tentative Parcel Map No. 22-029 (TPM No. 20834), DRP No. 22-054 and AGR No. 23-096; and
WHEREAS, all of the notices required by statute and the Fontana Municipal Code (“FMC”) have been given as required; and
WHEREAS, the City wishes to protect and preserve the quality of the 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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Resolution PC No. 2024-____

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Fontana City CouncilApril 9, 2024

Fontana City Council
April 9, 2024