RESOLUTION PC NO. 2024-_____
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
FONTANA APPROVING TENTATIVE PARCEL MAP NO. 21-007 (TPM
NO. 20456) AND DESIGN REVIEW NO 21-013 TO CONSOLIDATE 21 PARCELS INTO ONE PARCEL AND CONSTRUCT A NEW 623,460
SQUARE FEET INDUSTRIAL COMMERCE CENTER BUILDING, ON A
PARCEL OF APPROXIMATELY 29.8 ACRES, PURSUANT TO
CERTIFIED ENVIRONMENTAL IMPACT REPORT (EIR) (SCH NO
202112059) LOCATED ON THE NORTHWEST CORNER OF SLOVER
AVENUE AND CYPRESS AVENUE (APNS: 0251-163-01, -02, -03, -04, - 05, -06, -07, -08, -09, -10, & -13, AND 0251-164-03, -04, -10, -11, -12, -14, -15, -16, -20, -23, & -25) AND DIRECTING STAFF TO FILE A NOTICE OF DETERMINATION.
WHEREAS, On September 19, 2006, assessor parcel numbers (“APN”) 0251-163- 01, -02, -03, -04, -05, -06, -07, -08, -09, -10, & -13, and 0251-164-03, -04, -10, -11, -12, - 14, -15, -16, -20, -23, & -25 were annexed from San Bernardino County into the City of Fontana (“Project Site”); and
WHEREAS, on April 13, 2021, the City of Fontana (“City”) received an application from Duke Realty/PROLOGIS (“Applicant”) for a Tentative Parcel Map (Tentative Parcel Map No. 21 -007) (TPM No. 20456)] for the consolidation of 22 parcels into one lot of approximately 29.8 acres and Design Review (DRP No. 21-013) for the development of an industrial commerce center building of approximately 623,460 square feet at the Project Site; and
WHEREAS, the Project Site has a General Plan land use designation of General Industrial (I-G) and Light Industrial (I-L); and
WHEREAS, pursuant to the California Environmental Quality Act (Public Resource Code §§ 21000 et seq.) (CEQA), and the State CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et seq.) the City previously determined that the Environmental Impact Report (EIR) be prepared pursuant to CEQA in order to analyze all potential adverse environmental impacts of the City Municipal Code; and
WHEREAS, pursuant to CEQA, the City prepared and, pursuant to Resolution No. 2024-___ certified the Final Program EIR (FEIR) on March 19, 2024, and Mitigation, Monitoring and Reporting Program (MMRP) consisting of comments received during the 45-day public review and comment period on the Draft FEIR, written responses to those comments, and revisions and errata to the Draft FEIR. For the purposes of this Resolution, the “FEIR” shall refer to the Draft FEIR, as revised by the Final FEIR’s errata section, together with the other sections of the Final FEIR; and 160
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WHEREAS, based on that evaluation, staff concluded that the FEIR fully analyzed and mitigated, where feasible, all potentially significant environmental impacts, if any, that would result from the Proposed Project, and therefore, no subsequent EIR or mitigated negative declaration is required; and
WHEREAS, the Conditions of Approval are attached hereto as “Exhibit A ” for Tentative Parcel Map No. 21-007 (TPM No. 20456) and as “Exhibit B” for DRP No. 21-013; and
WHEREAS, on March 8, 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, all of the notices required by statute and the Fontana Municipal Code (FMC) have been given as required; and
WHEREAS, on March 19, 2024, a duly noticed public hearing on Tentative Parcel Map No. 21-007 (TPM No. 20456) and DRP No. 21-013 was held by the Fontana Planning Commission (“Planning Commission”) to consider testimony and evidence presented by the Applicant, City staff, and other interested parties; and WHEREAS, on March 19, 2024, the Planning Commission carefully considered all information, evidence and testimony presented at its public hearing on Tentative Parcel Map No. 21-007 (TPM No. 20456) and DRP No. 21-013; 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.
NOW, THEREFORE, the Planning Commission RESOLVES as follows:
Section 1. Recitals. The above recitals are true and correct and incorporated herein by reference.
Section 2. CEQA. Consistent with CEQA (Pub. Resources Code § 21000 et seq.) and the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), the EIR (State Clearinghouse No. 202112059) was prepared for development. Per Resolution PC No. 2024-___, the Planning Commission adopted environmental findings and a 161
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Statement Of Overriding Considerations pursuant to CEQA, certified the EIR, which analyzed Tentative Parcel Map No. 2 1-007 (TPM No. 20456 ) and D RP No. 2 1-013, adopted the MMRP, and approved the Project and a Notice of Determination has been prepared.
Section 3. Tentative Parcel Map Findings. The Planning Commission hereby makes the following findings for T entative Parcel Map No. 21-007 (TPM No. 20456) in accordance with Section 26-218 (d) “Processing of application ” of the Fontana Zoning and Development Code”:
Finding No. 1. That the proposed map is consistent with the city's general plan and any applicable specific plan.
Finding of Fact: Tentative Parcel Map No. 21-007 (TPM No. 20456) is consistent with the General Plan Land Use Designation for the Project Site, which is General Industrial (I-G) and Light Industrial (I-L). The General Plan and zoning districts allow for industrial (warehouse) use. The project meets the General Plan 5 Action Statement which encourages directing new industrial development in order to build out this area designated for industrial development. The lot size with the consolidation will meet the lot standards of the General Industrial (M- 2) and Light Industrial (M-1) zoning districts. This project site is not located 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.
Finding of Fact: The project has been designed to be consistent with the General Plan, including any on-site and off-site improvements. 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 General Industrial development standards. The project includes all on-site and off-site improvements to meet all the General Plan goals and objectives as well as all of the zoning requirements of the industrial zoning d istricts. The project plans have been reviewed by the Planning Department, and the Engin eering Department, and the conditions of approval will ensure compliance with the city code and regulations. This project site is not located within a specific plan.
Finding No. 3. The site is physically suitable for the type and density of the development.
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Finding of Fact: The overall project site of approximately 29.8 acres, is adequate in size to accommodate the development. The Project Site is of an adequate size to accommodate industrial development and the existing topography is relatively flat with an approximate 12-foot gradient difference . The project plans have been reviewed by the Planning Department, and the Engineering Department, and the conditions of approval will ensure compliance with the city code and regulations.
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 and wildlife or their habitat.
Finding of Fact: The design of Tentative Parcel Map No. 21-007 (TPM No. 20456) is not lik ely to cause substantial environmental damage nor substantially and unavoidably injure fish and wildlife or their habitat.
The project site has been previously disturbed with underdeveloped uses. The surrounding areas are developed with other industrial uses and other properties are being reviewed through other entitlement processes. An Environmental Impact Report (EIR) has been prepared for this project pursuant to the California Environmental Quality Act (CEQA) and the 2019 Local Guidelines for Implementing CEQA. Based on the information in the EIR, the project does not represent significant effect on the environment as a result of project implementation. The mitigation measures established within the EIR will reduce any significant impacts to the surrounding area. The FEIR prepared for the project and the MMRP have adequately identified any potential impacts associated with the project.
Finding No. 5. The design of the subdivision or ty pe of improvement will not cause serious public health problems.
Finding of Fact: The design of Tentative Parcel Map No. 21-007 (TPM No. 20456) will not cause public health problems. The project was eva luated through the EIR for impacts. Improvements for the project include sidewalks, drainage, undergrounding of utilities, and site grading to provide a safe and well -designed project for the area. The project plans have been reviewed by the Planning Department, and the Engineering Department, and the conditions of approval will ensure compliance with the city code and regulations. Therefore, the project 163
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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.
Finding of Fact: The design of Tentative Parcel Map No. 21-007 (TPM No. 20456) and associated p ublic improvements, will not conflict with access easements acquired by the public. The property will be accessed from Oleander Avenue and Slover Avenue.
Section 4. Design Review Findings. The Planning Commission hereby makes the following findings for Design Review No. 21-013 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.
Finding of Fact: The project is for the development of an industrial commerce center building totaling approximately 623,460 square feet on a 29.8-acre site. Architectural features for the project include varying roof heights, window statements and aluminum framing. The site and building design comply with the criteria contained in the design review section of the Fontana Zoning and Development Code. As required, the project has high quality architecture and appropriate screening comprised of screen walls and landscaping that will make for an appropriate and desirable development.
The project is consistent with Chapter 15 (Land Use, Zoning, and Urban Development) of the General Plan which allows for industrial commerce centers (warehousing) in the I-G and I-L land use districts.
Furthermore, the building is designed in a manner that limits off -site impacts. For example, the dock areas are designed to be located away from public view, and there is sufficient stacking distance along all the driveways. Therefore, this industrial commerce center project is consistent with the General Plan Land Use Designation.
Finding No. 2. The proposal meets or exceeds the criteria contained in this chapter and will result in an appropriate, safe, and desirable development promoting the public health, safety, and welfare of the community.
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Finding of Fact: The project will result in the construction of a warehouse building totaling approximately 623,460 square feet. This facility will be built pursuant to all applicable building, zoning, and fire codes, in addition to the Conditions of Approval attached hereto as Exhibit “B” and referenced herein. Architectural features such as glazing, aluminum frames, and a variety of colors will add structural and visual interest to the building. Additionally, variations to the building face and roof lines, with corner elements at a maximum of 48.5 -foot will be architecturally pleasing and be consistent with the surrounding area.
The project will include sidewalk and landscape improvements along Slover Avenue, Oleander Avenue, and Cypress Avenue . The site improvements have been reviewed by the Fire, Building and Safety, Engineering Departments and conditions of approval were added to the project in order to ensure a safe project for the occupants and community.
Access to and from the project site is provided by four private driveways, three (3) along Oleander Avenue and one along of Slover Avenue. The trucks will access the site from two (2) driveway along Oleander Avenue and one (1) along Slover Avenue. Passeng er vehicles will access the site from Oleander Avenue.
The project shall be served by the City ’s sanitary sewer system.
There is an existing sewer main available within Slover Avenue and one to be constructed within Oleander Avenue, a lateral connection will be proposed to connect to one of them. The applicant shall connect the proposed building to sewer main. All construction shall be in accordance with the City Standards.
Proposed landscaping would be ornamental in nature and would features trees, shrubs, and drought-tolerant accent plants in addition to a variety of groundcovers. Therefore, the project will promote the public health, safety, and welfare of the occupants and community.
Finding No. 3. The proposal, in its design and appearance, is aesthetically and architecturally pleasing resulting in a safe, well -designed facility while enhancing the character of the surrounding neighborhood.
Findings of Fact: The project has been determined to be aesthetically and architecturally pleasing and com patible with the surrounding area .
The project site is approximately 2 2 adjusted parcels, totaling 29.8 acres, and is physically suitable in size and shape to support the industrial commerce center building. Constructing the project in 165
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accordance with applicable building, zoning, and fire codes will make for a safe, attractive, and well -designed project. The project will create visual interest with architectural features such as glazing, corner elements, and a variety of colors with variations to the building face and roof lines. The project is designed to be compatible with the surrounding industrial uses while providing a development that has been designed with features (architectural relief, landscaping, street improvements, and lighting), to enhance the character of 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 will result in appropriate improvements, not only for the Project Site, but the surrounding area. Project features include sidewalks, drainage, grading, and perimeter and privacy walls, and gates to provide a safe and well-designed neighborhood.
The project has been reviewed by the City ’s Planning, Engineering, Building and Safety, and Fontana Fire Prevention Departments for site circulation, access, and safety and the conditions of approval will ensure compliance with the city code and regulations . The warehouse project meets and exceeds the standards of the Zoning and Development Code and will provide a safe design for public access. The surrounding area is developed with recent constructed industrial commerce buildings which have provided a safe an d well- designed facilities. This project will be consistent with the surrounding developed that has occurred.
Section 5. Approvals. Based upon the foregoing, the Planning Commission hereby approves Tentative Parcel Map No. 21-007 (TPM No. 20456) subject to the Conditions of Approval attached hereto as "Exhibit A ” and incorporated herein by reference, and approves Design Review No. 21-013, subject to the Conditions of Approval attached hereto as “Exhibit B” and incorporated herein by this reference.
Section 6. Resolution Regarding Custodian of Record : The documents and materials that constitute the record of proceedings on which this Resolution has been based are located at the Planning D epartment, 8353 Sierra Avenue. Fontana, CA. 92335. This information is provided in compliance with Public Resources Code Section 21081.6.
Section 7. Certification. The Secretary of the Planning Commission shall certify to the adoption of this Resolution.
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Section 8. Effective Date. This Resolution shall become effective immediately upon its adoption.
Section 9. Severability. If any provision of this Resolution or the application of any such provision to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application.
APPROVED AND ADOPTED by the Planning Commission of the City of Fontana, California, at a regular meeting held on this 19th day of March 2024.
City of Fontana
_________________
Cathline Fort, Chairperson
ATTEST:
I, Ricardo Quintana, Secretary of the Planning Commission of the City of Fontana, California, do hereby certify that the foregoing resolution was duly and regularly adopted by the Planning Commission at a regular meeting thereof, held on this 19th day of March, 2024, by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________
Ricardo Quintana, Secretary
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EXHIBIT “A”
CITY OF FONTANA
CONDITIONS OF APPROVAL
PROJECT: Master Case No. (MCN) 21-038 March 19, 2024
Tentative Parcel Map No. 21-007 (TPM No. 20456)
LOCATION: The project site is located on the northwest corner of Slover Avenue and Cypress Avenue over 22 parcels (APNs: 0251-163-01, -02, -03, -04, -05, - 06, -07, -08, -09, -10, & -13, and 0251-164-03, -04, -10, -11, -12, -14, -15, - 16, -20, -23, & -25) .
PLANNING DEPARTMENT:
1. The rights and privileges granted by this project shall not become effective, nor shall the applicant commence the use for which this project is granted , until both of the following have occurred:
A. All requirements of the Fontana City’s Municipal Code shall be complied with.
B. All Conditions of Approval imposed on this project have been fulfilled.
2. The applicant/developer/property owner shall defend, indemnify, protect and hold harmless the City of Fontana or its agents, officers, attorneys and employees from any and all actual or alleged claims, actions or proceedings against the City of Fontana or its agents, officers, attorneys or employees to attac k, 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.
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 168
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cost of s uit, 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. This tentative parcel map shall comply with all applicable development standards of Chapter 26 (Subdivisions), Chapter 30 (Zoning and Development Code) of the Municipal Codes of the City of Fontana and the Subdivision Map Act.
4. The applicant/developer/property owner shall underground all utilities, which for the purpose of this condition shall also include all boxes, structures and/or other equipment located in the public right -of-way, any public utility easement(s) and on any private property, to the satisfaction of the Director of Planning. A note to this effect shall be placed on the map prior to recordation of the final map.
5. All Conditions of Approval contained herein shall be incorporated into all applicable final construction plans and a copy of these conditions shall be placed on a sheet in the final building and grading plans prior to issuance of any building or grading permits.
6. This Tentative Parcel Map No. 21-007 (TPM No. 20456) 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.
7. 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 shal l 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.
8. 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 169
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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.
ENGINEERING LAND DEVELOPMENT:
9. The project shall be served by the City ’s sanitary sewer system, all sewer facilities shall be constructed in accordance wi th the City Standards. Main trunk sewer line shall be designed and constructed in accordance with master sanitary sewer plan or as approved by the City Engineer.
10. The applicant/developer/property owner 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 No. 27 -52 of the City Municipal Code and in accordance with plans and specifications approved by the City Engineer.
11. The applicant/developer/property owner shall maintain all improvements and utilities within the public right-of-way, including street sweeping, prior to final acceptance by the City.
12. The project will have at most two ingress/egress points along Slover Ave. The easternmost location shall be designed, constructed, and signed for emergency vehicle access only. The westernmost location shall be designed, constructed, and signed to restrict ingress and egress to right-in and right-out movements only.
13. The project will have at most three ingress/egress points along Oleander Ave.
14. Left-turn ingress and/or egress at all access locations may be restricted in the future due to traffic operational or safety concerns. Alternatives to such restrictions may be considered, subject to approval of the City Engineer.
15. Intersection sight distance and stopping sight distance must be shown to meet the required standards both horizontally and vertically at all ingress/egress locations including consideration for walls, landscaping, grading, and vegetation.
16. The location of bicycle parking shall be depicted on the site plan. Bicycle parking shall comply with the Association of Pedestrian and Bicycle Professionals.
17. 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 a n 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.
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18. The project shall provide a ridesharing program and establish a permanent transportation management association with funding requirements for employers.
Ridesharing shall be promoted through a multifaceted approach including a minimum of: designating a minimum of 18 desirable parking spaces for ridesharing vehicles, designating adequate passenger loading and unloading and waiting areas for ridesharing vehicles, and providing an app or website for coordinating rides.
19. The project shall contribute the fair share amount for improvements identified in the traffic study. The project shall contribute 25.4% of the cost for a new traffic signal based on an engineer’s estimate provided by the applicant and approved by the City Engineer for the construction of a new traffic signal at Juniper Ave and Slover Ave.
20. The project shall identify the improvements necessary for the intersection of Oleander Ave and Slover Ave to achieve an acceptable Level of Service, subject to the approval of the City Engineer. The project shall design and construct the improvements identified.
Prior To Issuance of Grading Permit
21. The applicant/developer/property owner shall submit and gain approval of a complete Water Quality Management Plan (WQMP) Report in accordance with the County of San Bernardino Technical Guidance Document and latest template.
22. The applicant/developer/property owner 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
23. The applicant/developer/property owner shall provide a Land Improvement Agreement, with accompanying security. The agreement shall be executed on City-provided forms.
Prior To Issuance of Construction Permits
24. The applicant/developer/property owner shall record any map ’s, right -of-way dedications, easements, reciprocal access agreement as required for the development.
25. The applicant/developer/property owner shall submit engineered improvement plans and obtain full ap proval. All required public improvements, including but are not limited to street, storm drain age systems , sewer s, traffic signals, streetlights, striping, signs, landscape, and any required traffic control and/or detour plans. utilities, streetlights, signing and striping, traffic control and/or detour plans. All plans shall conform to City Standards and Specifications, and as approved by the City Engineer.
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26. Design the extension of Master Storm Drainage Plan Line DZ -7 in Oleander Ave together with an exten sion of Line DZ -7 to the project site to serve as the primary drainage discharge point for the project. Include a supporting hydrology and hydraulics study.
27. The Applicant shall perform a pavement quality analysis by a qualified geotechnical engineer for Slover Avenue and Cypress Avenue for the City to review and approve.
Slover Avenue and Cypress 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 Certification of Occupancy
28. Construct the extension of Master Storm Drainage Plan Line DZ -7 in Oleander Ave together with an extension of Line DZ-7 to the project site.
29. The applicant/engineer to provide the City of Fontana with As Built/Record Drawings for all public improvement plans.
30. 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.
31. 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.
32. The applicant/engineer shall set survey monuments as required by the map, and corner records must be recorded with the County.
33. 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).
34. All sewers shall be video inspected by applicant/contractor. S ewer 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 Certifica te of Occupancy) is required a full video inspection will be required as well at that time. 172
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35. 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 v ideo 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.
36. 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 (BMP) Transfer. The Access, Maintenance, and the WQMP Certification for BMP Completion must be submitted to the City Pr oject Engineer.
37. 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.
BUILDING AND SAFETY DEPARTMENT:
38. The Parcel Map shall record prior to the issuance of any permits.
39. Any temporary building, trailer, commercial coach, etc. installed and/or used in connection with a construction project shall comply with Fontana City Code.
END OF CONDITIONS OF APPROVAL
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EXHIBIT “B”
CITY OF FONTANA
CONDITIONS OF APPROVAL
PROJECT: Master Case No. (MCN) 21-038 March 19, 2024
Design Review No. (DRP) No. 21-013
LOCATION: The project site is located on the northwest corner of Slover Avenue and Cypress Avenue over 22 parcels (APNs: 0251-163-01, -02, -03, -04, -05, - 06, -07, -08, -09, -10, & -13, and 0251-164-03, -04, -10, -11, -12, -14, -15, -16, -20, -23, & -25).
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 of the improvements, construction, alteration and other work set forth in this project have been completed and have been accepted by the City, as evidenced by the City ’s issuance of a Certificate of Occupancy or other document evidencing the City ’s final inspection and acceptance of the work; and
B. All other Conditions of Approval imposed by this project have been fulfilled.
2. 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 condi tionally 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 Manger’s decision. The noticing of such City Council meeting for possible ratification shall be pursuant to Section No. 30-30 and Section No. 30-31 of the Municipal Code.
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 174
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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 proj ect, including but not limited to actions challenging California Environmental Quality Act (CEQA) actions, permits, variances, plot plans, design plans, maps, licenses, and amendments. The City of Fontana shall promptly notify the applicant of any claim, action, or proceeding and the City of Fontana shall cooperate in the defense.
In the event of any such third-party action or proceeding, the City shall have the right to retain legal counsel. The applicant shall be responsible 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.
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 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 succes sful completion of the first Building and Safety Department inspection, has commenced within this period.
5. The applicant/developer shall comply with the mitigation measures identified in the CEQA (SCH No. 202112059) Mitigation Monitoring and Reporting Program (MMRP) as approved by the Planning Commission.
6. Prior to the construction of any modifications, all structural and aesthetic changes to the project design must be requested and approved in writing by the Director of Planning or his/her designee. Major structural and aesthetic changes exceeding the codified parameters of administrative policy shall be presented to the Planning Commission for approval. Changes made without approval as stated herein, will prevent the occupancy of the structure until correc tions are approved in writing by all appropriate staff.
7. 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 175
ATTACHMENT NO. 5
approving body by a revision to th e 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.
8. 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.
9. This project will comply with all applicable provisions, regulations, and development standards of the City of Fontana Municipal Code.
10. The applicant shall meet all the requirements of Chapter No. 9, Article No. 5 (Industrial Commerce Centers Sustainability Standards).
11. A copy of the Industrial Sustainability Ordinance requirements shall be placed on the final grading plans and the final building plans.
12. The applicant shall post a publicly visible sign on the project site with the telephone number and 24 -hour point of cont act for dust, noise, and construction complaints.
The 24-hour point of contact shall be available 24 hours a day, 7 days a week and have authority to commit additional assets to control dust, or respond to construction complaints after hours, on weekends and on holidays. Construction shall be limited to 7:00 am to 6:00 pm on weekdays, 8:00 am to 5:00 pm on Saturdays, and no construction on Sundays and Holidays.
13. Sidewalks shall be provided for all new developments in accordance with the city ’s circulation element of the General Plan.
14. The applicant shall 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 illuminate d 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.
15. The applicant shall incorporate an anti -graffiti coating onto the exterior of all proposed block walls to discourage graffiti.
16. The applicant shall meet all requirements of the Trip Reduction Measures in of the Zoning Code (Section 30-962).
17. Two (2) bicycle parking racks or secured bicycle lockers shall be provided for all nonresidential developments.
18. All parking stalls shall be clearly marked by double striping pavement painting.
Parking stall sizes shall be measured from the mid -point between the striping. No 176
ATTACHMENT NO. 5
parking spaces shall be designated in a commercial/retail parking facility, except for disabled persons parking, van pool, carpool, or any other designated parking as required by law.
19. The applicant shall depict step outs in the landscaping areas as required pursuant to the Zoning and Development Code Section No. 30 -671(a)(8)c, on the Site and Landscaping plans prior to submittal of Building Department plan check.
20. All signs shall be reviewed under a separate Design Review Sign application.
21. All roof-mounted equipment and ground mounted equipment shall be screened from view from adjacent properties a nd streets to the satisfaction of the Director of Planning.
22. All landscaping shall be healthy and maintained in a reasonable manner as determined by the Director of Planning or his/her designee.
23. The transformer shall be screened by either a screen wall or mature, dense landscaping, and not visible from the public right-of-way.
24. After the fifteen (15) day appeal period, the applicant shall remove the Notice of Filing sign(s) from the project site. The applicant may request a refund of the sign deposit; the request shall be in writing accompanied with a refund application. The request shall be submitted to the Planning Department.
25. There shall be no refrigerated uses on site beyond amount analyzed in the Environmental Impact Report (EIR); unless a future tenant proposes to have such uses conducts an update of the California Environmental Quality Act (CEQA) document and any applicable studies/memorandums to amend this Condition of Approval.
26. Development fees and Planning Department final inspection fees must be paid prior to Certificate of Occupancy.
27. Applicant shall pay all applicable service fees pursuant to the City of Fontana Municipal Code.
28. The applicant shall provide up-lighting on the perimeter and up-light proposed trees to the satisfaction of the Director of Planning and his/her designee.
29. 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, 177
ATTACHMENT NO. 5
interested Tribes (as a result of c orrespondence 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 alon g the subsequent laboratory processing and analysis. All Tribal Cultural Resources shall be returned to the Tribe. Any historic archaeological material that is not Native American in origin shall be curated at a public, non-profit institution with a research interest in the materials, if such an institution agrees to accept the material. If no institution accepts the archaeological material, they shall be offered to the Tribe or a local school or historical society in the area for educational purposes.
C. Archaeological and Native American monitoring and excavation during construction projects shall be consistent with current professional standards.
All feasible care to avoid any unnecessary disturbance, physical modification, or separation of human remains and associated funerary objects shall be taken.
Principal personnel shall meet the Secretary of the Interior standards for archaeology and have a minimum of 10 years ’ experience as a principal investigator working with Native American archaeological site s in southern California. The Qualified Archaeologist shall ensure that all other personnel are appropriately trained and qualified.
Prior To Issuance of Grading Permit
30. 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.
31. Prior to issuance of a Certificate of Occupancy, the applicant shall underground all utilities, which for the purpose of this condition shall include all boxes, structures and/or other equipment located in the public rights -of-way, any public utility easement(s), and on any p rivate property, to the satisfaction of the Director of Planning.
ENGINEERING LAND DEVELOPMENT:
32. The project shall be served by the City ’s sanitary sewer system and 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.
33. The applicant/developer/property owner shall obtain design and plan approval from all utility providers having jurisdiction over the on -site and off -site utilities. 178
ATTACHMENT NO. 5
Completion of all undergrounding of on-site and off-site utilities is required by Section No. 27 -52 of the City Municipal Code and in accordance with plans and specifications approved by the City Engineer.
34. The applicant shall maintain all improvements and utilities within the public right-of- way, including street sweeping, prior to issuance of final certificate of occupancy by the City.
35. The project will have at most two ingress/egress points along Slover Ave. The easternmost location shall be designed, constructed, and signed for emergency vehicle access only. The westernmost location shall be designed, constructed, and signed to restrict ingress and egress to right-in and right-out movements only.
36. The project will have at most three ingress/egress points along Oleander Ave.
37. Left-turn ingress and/or egress at all access locations may be restricted in the future due to traffic operational or safety concerns. Alternatives to such restrictions may be considered, subject to approval of the City Engineer.
38. Intersection sight distance and stopping sight distance must be shown to meet the required standards both horizontally and vertically at all ingress/egress locations including consideration for walls, landscaping, grading, and vegetation.
39. The location of bicycle parking shall be depicted on the site plan. Bicycle parking shall comply with the Association of Pedestrian and Bicycle Professionals.
40. All gated ingress locations shall provide a visual indication to drivers prior to entering the gated dri veway 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 t ime 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.
41. The Project shall provide a ridesharing program and establish a permanent transportation management association with funding requirements for employers.
Ridesharing shall be promoted through a multifaceted approach including designating a minimum of 18 desirable parking spaces for ridesharing vehicles, designating adequate passenger loading and unloading and waiting areas for ridesharing vehicles, and providing an app or website for coordinating rides.
42. The project shall contribute the fair share amount for improvements identified in the traffic study. The project shall contribute 25.4% of the cost for a new traffic signal based on an engineer’s estimate provided by the applicant and approved by the City Engineer for the construction of a new traffic signal at Juniper Ave and Slover Ave.
43. The project shall identify the improvements necessary for the intersection of Oleander Ave and Slover Ave to achieve an acceptable Level of Service, subject to the approval of the City Engineer . The project shall design and construct the improvements identified.
179
ATTACHMENT NO. 5
PRIOR TO ISSUANCE OF GRADING PERMIT
44. 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.
45. 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 ISSUANCE OF CONSTRUCTION PERMITS
46. The Applicant shall record all map ’s, lot line adjustments, right -of-way dedications, easements, reciprocal access agreement as required for the development.
47. The Applicant shall submit engineered improvement plans and obtain full appro val.
All required public improvements, including but not limited to streets, storm drainage systems, sewers, traffic signals, streetlights, striping, signs, landscape, and any required traffic control and/or detour plans. All plans shall conform to City Standards and Specifications, and as approved by the City Engineer.
48. Design the extension of Master Storm Drainage Plan Line DZ -7 in Oleander Ave together with an extension of Line DZ -7 to the project site to serve as the primary drainage discharge point for the project. Include a supporting hydrology and hydraulics study.
49. The Applicant shall perform a pavement quality analysis by a qualified geotechnical engineer for Slover Avenue and Cypress Avenue for the City to review and approve.
Slover Avenue and Cypress 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
50. Construct the extension of Master Storm Drainage Plan Line DZ-7 in Oleander Ave together with an extension of Line DZ-7 to the project site.
51. The Applicant/Engineer to provide the City of Fontana with As Built/Record Drawings for all public improvement plans.
52. 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.
53. The Applicant/Engineer shall provide centerline ties to the City of Fontana reflecting proper setting of all su rvey monuments within the project limits and replace any existing survey monuments damaged or removed during construction. 180
ATTACHMENT NO. 5
54. The Applicant/Engineer shall set survey monuments as required by the map and corner records must be recorded with the County.
55. The A pplicant/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).
56. 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 r equired, 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.
57. 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.
58. 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, Mai ntenance, and the WQMP Certification for BMP Completion must be submitted to the City Project Engineer.
59. Existing and proposed public catch basins in industrial areas shall be fitted with BioClean™ Connector Pipe Screen (CPS) trash screens in compliance w ith trash provisions of the water quality control plan for inland surface waters, enclosed bay and estuaries of California.
BUILDING & SAFETY:
60. Shall comply with the latest adopted edition of the following codes:
A. California Building Code
B. California Electrical Code
C. California Mechanical Code
D. California Plumbing Code
E. California Energy Code
F. California Fire Code
G. California Green Building Standards Code
181
ATTACHMENT NO. 5
61. Automatic fire sprinkler systems shall be installed in all new construction per Article II, Chapter 11 of the Code of the City of Fontana. Design and type of system shall be based upon the requirements of the Building Code, Fire Code and the requirements of the Department of Fire Protection, Planning and Engineering of the San Bernardino County Fire Department.
62. The requirements of the South Coast Air Quality Management District (909 -396- 2000) shall be satisfied prior to the issuance of any permit if hazardous materials are stored and/or used.
63. Any temporary building, trailer, commercial coach, etc. installed and/or used in connection with a construction project shall comply with FMC Chapter 5 Article XIV.
64. The requirements of the Fontana Fire Protection Distri ct and the Air Quality Management District shall be satisfied prior to the issuance of any permit if hazardous materials are stored and/or used.
65. All perimeter/ boundary walls shall be designed and constructed so that the outer/exterior face of the wall i s as close as possible to the property line. In any case, the outer/exterior face of the wall shall be within two (2) inches of the property line. Distances greater than two (2) inches may be approved prior to construction by the Building Official on a case-by-case basis for extenuating circumstances.
66. All lot lines, easement lines, etc. shall 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.
67. The Parcel Map shall record prior to the issuance of any building permits.
68. Grading Requirements:
A. Grading plans shall be submitted to and approved by the Building and Safety Department. The grading plans shall indicate all site improvements and shall indicate complete drainage paths of all drainage water run-off.
B. All drainage water shall drain via approved methods, to an approved location, such as a public street, 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. 182
ATTACHMENT NO. 5
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. (i.e., concrete swale to slag or dirt swale.) unless otherwise approved by the Building Official.
H. A complete hydrology study using th e 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 the Build ing and Safety Department.
The on-site drainage system shall, as a minimum, be designed to handle the run-off generated by a ten -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 property lines and/or permit boundary lines. These sections shall clearly indicate:
i. The relationship between the proposed finished on -site grade elevations and the existing adjacent pr operty grade elevations (Indicate any additional drainage water that may come from an adjacent property.); and ii. The ground cover/finished surface material being proposed (i.e.: type of pavement, plant material, etc.); and
iii. All proposed drainage structures; and
iv. Any proposed and/or required walls or fencing.
69. All signs shall be Underwriters Laboratories, or equal, approved.
70. All exterior lighting shall be orientated, 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
71. Permits are required prior to the removal and/or demolition of structures.
72. The following items (as applicable) shall be completed and/or submitted to Building and 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 183
ATTACHMENT NO. 5
73. If hazardous substances are u sed and/or stored, 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 submit ted to the Building and Safety Department.
This report shall also explain the proposed facility's intended methods of operation and list all of the proposed materials, their quantities, classifications, and the effects of any chemical (material) inter-mixing in the event of an accident or spill.
74. 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.
75. For more information related to Building & Safety, please visit our web page at https://www.fontana.org/136/Building-Safety.
76. Trash enclosure required to be designed like a regular building in regard to Building Code setback requirements, fire-resistive walls, protected openings, etc.
SAN BERNARDINO COUNTY FIRE DEPARTMENT:
77. Jurisdiction. The above referenced project is under the jurisdiction of the San Bernardino County Fire Department serving 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 compl y with the current California Fire Code requirements and all applicable statutes, codes, ordinances, and standards of the Fire Department.
78. 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
79. 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-1 184
ATTACHMENT NO. 5
80. Street Signs. Approved temporary or permanent street signs shall be installed throughout the project prior any combustible materials being placed on the construction site. California Fire Code Chapter 5 & SBCoFD Standard A-2
81. Fire Lanes. The applicant/developer/property owner 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.
82. 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 623,460 square foot structure.
83. Hydrant Marking. Blue reflective pavement markers indicating fire hydrant locations shall be installed as specified by the Fire Department. SBCoFD Standard W-2
84. 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 and largest building square footage.
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
85. 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.
86. 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
87. Fire Alarm, Waterflow Monitoring . A water flow monitoring fire alarm system complying with the California Fire Code, NFPA and all applicable co des is required 185
ATTACHMENT NO. 5
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
88. 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
89. Fire Extinguishers. Hand portable fire extinguishers are required. The locatio n, type, and cabinet design shall be approved by the Fire Department. California Fire Code Chapter 9
90. Commercial (large facility) Addressing . Industrial developments in excess of 100,000 sq. ft. shall have the street address installed on the building with numbers that are a minimum twelve (12) inches in height and with a one and one half (1 ½) inch stroke. The street address shall be visible from the street. During the hours of darkness, the numbers shall be electrically illuminated (internal or external). Where the building is two hundred (200) feet or more from the roadway, additional non - illuminated contrasting six (6) inch numbers shall be displayed at the property access entrances. California Fire Code Chapter 5 & SBCoFD Standard B-1
91. 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
92. 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 Fir e Department override switch is required. California Fire Code Chapter 5 & SBCoFD Standard A-3
93. 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
94. High-Piled Storage . The applicant shall submit an application for a High -Piled Storage permit for storage of over 12-foot 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 186
ATTACHMENT NO. 5
racking permits to the Building and Safety Department. California Fire Code Chapter 32 & SBCoFD Standard S-1
95. Secondary Access . The development shall have a minimum of two points of vehicular access during each phase of construction for fire and emergency access purposes and for evacuation routes. SBCoFD Standard A-1
END OF CONDITIONS OF APPROVAL
187
ATTACHMENT NO. 6
NOTICE OF DETERMINATION
TO: X County Clerk, County of FROM: City of Fontana San Bernardino Planning Department
8353 Sierra Avenue
X Office of Planning and Research Fontana, CA 92335
SUBJECT: Filing of Notice of Determination in Compliance with Section 21152 of the Public Resources Code.
Project Title: Master Case No. 21 -038, Tentative Parcel Map No. 21 -007 (TPM No. 20456) and Design Review No. 21 -013, and Final Environmental Impact Report (EIR) – Slover/Cypress Warehouse Development Project
State Clearinghouse Number: 202112059
Name of Person or Agency carrying out project: Jon Dille – Associate Planner. City of Fontana (Lead Agency) 8353 Sierra Avenue, Fontana, CA 92335.
Project Location: The project site is located on the northwest corner of the intersection of Slover Avenue and Cypress Avenue over 22 parcels (APNs: 0251-163-01, -02, -03, -04, -05, -06, -07, - 08, -09, -10, & -13, and 0251-164-03, -04, -10, -11, -12, -14, -15, -16, -20, -23, & -25)
Project Description: Master Case No. 22 -038: Tentative Parcel Map No. 21 -007 (TPM No. 20456) and Design Review No. 21-013 - The consolidation of 22 lots into one (1) to develop the site with an industrial warehouse building totaling approximately 625,460 square feet on approximately 29.08 acres.
Project Proponent & Address: Duke Realty/Prologis, 200 Spectrum Center Drive, Suite No, 1600 Irvine, CA 92618
Contact Name & Phone: Jon Dille (909 350-6681)
This is to certify that on March 19, 2024, the Planning Commission of the City of Fontana approved the above-described project along with the aforementioned Final EIR, and made the following determinations:
1. The project _X_ will will not have a significant effect on the environment.
2. A Subsequent EIR was prepared and fully analyzed the effects of the project. The Subsequent EIR thoroughly analyzed and discussed all potential environmental impacts.
3. Mitigation measures X were were not made a condition of the approval of the project.
4. A Statement of Overriding Considerations _X_ was was not adopted for this project.
5. Findings X were were not made pursuant to the provisions of CEQA.
6. The location and custodian of the documents which comprise the record of proceedings for the Subsequent EIR are specified as follows:
Custodian: City of Fontana, Planning Department
Location: 8353 Sierra Avenue, Fontana, CA 92335
____________________________
Salvador Quintanilla
Senior Planner
Date Received for Filing
188
ATTACHMENT NO. 7
NOTICE OF PUBLIC HEARING
In compliance with Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132) and the federal rules and regulations adopted in implementation thereof, the Agenda will be made available in appropriate alternative formats to persons with a disability. Should you need special assistance to participate in this meeting, please contact the City Clerk’s Department by calling (909) 350 -7602. Notification 48 hours prior to the meeting will enable the City to ma ke reasonable arrangements to ensure accessibility to this meeting.
A PUBLIC HEARING HAS BEEN SCHEDULED BEFORE THE PLANNING COMMISSION OF THE CITY OF FONTANA FOR THE FOLLOWING:
MASTER CASE NO. 2 1-038, TENTATIVE PARCEL MAP NO. 2 1-007 (TPM NO. 20 456) AND DESIGN REVIEW NO. 21-013
The applicant, Duke Realty/ PROLOGIS , is requesting approval of a Tentative Parcel Map to consolidate 22 parcels into one parcel and is requesting approval of a Design Review for the site and architectural review to construct a 623,460 square foot industrial commerce center building including on-site and off-site improvements on a project site of approximately 29.8 acres.
Environmental
Determination:
This project has been determined to have a significant effect on the environment and a Draft Environmental Impact Report (EIR) (SCH No. 202112059) has been prepared pursuant to Sections 15080 to 15097 and Section 15163 of the California Environmental Quality Act (CEQA).
Location: The project site is located
on the northwest corner of
the intersection of Slover
Avenue and Cypress
Avenue over 22 parcels
(APNs: 0251-163-01, -02,
-03, -04, -05, -06, -07, -08,
-09, -10, & -13, and 0251-
164-03, -04, -10, -11, -12,
-14, -15, -16, -20, -23, & -
25)
Date of Hearing: March 19, 2024
Place of
Hearing:
City Hall Council
Chambers
8353 Sierra Avenue
Fontana, CA 92335
Time of
Hearing:
6:00 PM
189
The City of Fontana (City) has prepared a Final Environmental Impact Report (FEIR) for the proposed project. The FEIR is available for review at City Hall (8353 Sierra Avenue Fontana, CA 92335) and online at Environmental Documents | Fontana, CA - Official Website (fontanaca.gov).
Should you have any questions concerning this project, please contact Jon Dille, Associate Planner, at (909) 350-6681 or email him at [email protected].
ANY INTERESTED PARTY MAY APPEAR AND PRESENT ANY INFORMATION WHICH MAY BE OF ASSISTANCE TO THE PLANNING COMMISSION. A COPY OF THE APPLICATION AND
ENVIRONMENTAL DOCUMENTATION IS AVAILABLE FOR INSPECTION IN THE PLANNING DEPARTMENT, CITY HALL AND ON THE WEBSITE.
IF YOU CHALLENGE IN COURT ANY ACTION TAKEN CONCERNING A PUBLIC HEARING
ITEM, YOU MAY BE LIMITED TO RAISING ONLY THOSE ISSUES YOU OR SOMEONE ELSE
RAISED AT THE PUBLIC HEARING DESCRIBED IN THIS NOTICE, OR IN WRITTEN CORRESPONDENCE TO THE CITY AT, OR PRIOR TO, THE PUBLIC HEARING.
Publish: March 8, 2024
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