Fontana City Council
September 23, 2025

2.5.13 NOISE
Cumulative Construction Noise
The Project’s construction activities would not result in a substantial temporary increase in ambient noise levels. Construction noise would be periodic and temporary noise impacts that would cease upon completion of construction activities. The Project would contribute to other proximate construction project noise impacts if construction activities were conducted concurrently. However, based on the noise analysis above, the Project’s construction-related noise impacts would be less than significant following the City of Fontana Municipal Code.

Construction activities at other planned and approved projects near the Project site would be required to comply with applicable City rules related to noise and would take place during daytime hours on the days permitted by the applicable Municipal Code, and projects requiring discretionary City approvals would be required to evaluate construction noise impacts, comply with the City’s standard conditions of approval, and implement mitigation, if necessary, to minimize noise impacts. Construction noise impacts are by nature localized. Based on the fact that noise dissipates as it travels away from its source, noise impacts would be limited to the Project site and vicinity. Therefore, Project construction would not result in a cumulatively considerable contribution to significant cumulative impacts, assuming such a cumulative impact existed, and impacts in this regard are not cumulatively considerable.

Cumulative Operational Noise
Cumulative noise impacts describe how much noise levels are projected to increase over existing conditions with the development of the Project and other foreseeable projects. Cumulative noise impacts generally occur as a result of increased traffic on local roadways due to buildout of the Project and other projects in the vicinity. A project’s contribution to a cumulative traffic noise increase would be considered significant when the combined effect exceeds the perception level (i.e., auditory level increase) threshold.

The following criteria is used to evaluate the combined and incremental effects of the cumulative noise increase.
51793
Sierra Distribution Facility Project
Findings of Fact SCH No. 2023030788
67  Combined Effect. The cumulative effect with Project noise level would cause a significant cumulative impact if a 3.0 dB increase over existing conditions occurs and the resulting noise level exceeds the applicable exterior standard at a sensitive use. Although there may be a significant noise increase due to a project in combination with other related projects (combined effects), it must also be demonstrated that the project has an incremental effect. In other words, a significant portion of the noise increase must be due to the project.  Incremental Effects. The cumulative plus project noise level causes a 1.0 dBA increase in noise over cumulative noise levels without a project.

A significant impact would result only if the combined and incremental effects criteria have been exceeded. Noise by definition is a localized phenomenon and reduces as distance from the source increases. Consequently, only the Project and growth due to occur in the general area would contribute to cumulative noise impacts.

The proposed Project is projected to result in 287 net new daily vehicular trips and would result in a minimal traffic noise increase (max increase of 0.1 dBA) along local roadways over existing conditions. The already minimal increase in traffic noise attributable to the proposed Project when compared to existing conditions would be even lower with consideration of additional trips from future development on cumulative development sites. The Project would not result in significant traffic noise impacts. Therefore, the Project’s contribution to cumulative increases in traffic noise would not be cumulatively considerable.

Stationary noise sources of the Project would result in an incremental increase in non-transportation noise sources in the Project vicinity. However, as discussed above, operational noise caused by the Project would be less than significant. Similar to the Project, other planned and approved projects would be required to mitigate for stationary noise impacts at nearby sensitive receptors, if necessary. As stationary noise sources are generally localized, there is a limited potential for other projects to contribute to cumulative noise impacts.

No known past, present, or reasonably foreseeable projects would combine with the operational noise levels generated by the Project to increase noise levels above acceptable standards because each project must comply with applicable City regulations that limit operational noise. Therefore, the Project, together with other projects, would not create a significant cumulative impact, and even if there was such a significant cumulative impact, the Project would not make a cumulatively considerable contribution to significant cumulative operational noises.

Given that noise dissipates as it travels away from its source, operational noise impacts from on-site activities and other stationary sources would be limited to the Project site and vicinity. Thus, cumulative operational noise impacts from related projects, in conjunction with Project specific noise impacts, would not be cumulatively significant. (Draft EIR Page 4.13-13)

2.5.14 Population And Housing
Cumulative impacts concerning population and housing is buildout of the City. Impacts are analyzed using growth projections from SCAG’s Connect SoCal. As noted in the City’s General Plan Draft EIR, cumulative impacts associated with population and housing would be less than significant with no mitigation 51894
Sierra Distribution Facility Project
Findings of Fact SCH No. 2023030788
68 required. Similarly, Project implementation would have no impact to a less than significant impact on the City’s population and housing resources. The Project would not indirectly or directly induce substantial population growth in an area, nor would it displace substantial numbers of existing housing or people necessitating the construction of replacement housing elsewhere. Furthermore, the Project’s employment opportunities would improve the City’s jobs-housing balance. Lastly, as further discussed in Draft EIR Section 4.11: Land Use and Planning, the Project would encourage alignment with objectives set by SCAG’s Connect SoCal and the City General Plan Economy, Education, and Workforce Development Element as it would increase job diversity and opportunities in the City. Therefore, the Project’s cumulative impact would be less than significant. (Draft EIR Page 4.14-11)

2.5.15 Public Services
The Project is not anticipated to substantially increase the need for public services in the City. The Project would not result in an overall net increase in City population. As discussed above, anticipated increase demands for public services within the City was accounted for in the Fontana GP and analyzed in the Fontana GP EIR, which accounts for cumulative growth in the City. In addition, related to all public services, the Project would pay the required DIFs that would be appropriately allocated for police, fire, schools, and other public facilities.

Similar to the Project, other cumulative projects would be required to demonstrate their level of impact on public services including paying the appropriate development fees; therefore, the past, present, and future projects would not result in a cumulative impact related to the provision of public services. (Draft EIR Page 4.15-14)

2.5.16 Recreation
The Project is not anticipated to substantially increase the need for recreation in the City. The Project would not result in an overall net increase in City population. As discussed above, anticipated increase demands for recreation within the City was accounted for in the Fontana GP and analyzed in the Fontana GP EIR, which accounts for cumulative growth in the City.

Similar to the Project, other cumulative projects would be required to demonstrate their level of impact on recreation; therefore, the past, present, and future projects would not result in a cumulative impact related to the provision of recreation. (Draft EIR Page 4.16-7)

2.5.17 Transportation
Future development facilitated by the Project, in conjunction with cumulative development in the City, would increase development in previously developed areas and could result in transportation impacts.

Future development on the cumulative development sites would be subject to discretionary permits and require CEQA evaluation at the project-level. This means that each cumulative Project would require separate discretionary approval and CEQA assessment, which would address potential transportation impacts and identify necessary mitigation measures, where appropriate. 51995
Sierra Distribution Facility Project
Findings of Fact SCH No. 2023030788
69 Consequently, the Project would not result in significant transportation impacts. Therefore, future development on the cumulative development sites would not result in significant environmental transportation-related impacts, nor would future development on the cumulative development sites conflict with or obstruct a state or local plan or regulation related to transportation. As such, the Project would not cause a cumulatively considerable transportation impact, and no mitigation measures are required. (Draft EIR Page 4.17-14)

2.5.18 Tribal Cultural Resources
For purposes of tribal cultural resources impact analysis, cumulative impacts are considered in connection with the anticipated future development projects in the City. While the NAHC determined that there are no known Native American cultural resources within the immediate Project area; the potential exists for undiscovered tribal cultural resources to be adversely impacted during Project construction. With implementation of the specified mitigation measures, construction would not cause a substantial adverse change in the significance of any tribal cultural resources; a less than significant impact would occur.

Additionally, future cumulative development projects could encounter tribal cultural resources. Thus, the potential exists for cumulative development to result in the adverse modification or destruction of tribal cultural resources. Potential tribal cultural resource impacts associated with other individual developments would be specific to each site. As with the Project, all cumulative development in the area would undergo environmental and design review on a project-by-project basis pursuant to CEQA, in order to evaluate potential impacts to tribal cultural resources.

All future development with the potential to impact tribal cultural resources would be subject to compliance with the existing federal, state, and local regulatory framework concerning the protection of tribal cultural resources. Furthermore, each future project considered for approval by the City would be required to include mitigation measures to protect resources if they are uncovered during grading activities.

Additionally, implementation of site-specific mitigation measures would be required to reduce potential project impacts to as-yet-unidentified tribal cultural resources to less than significant levels. As such, cumulative impacts to tribal cultural resources would be mitigated on a project-by-project level, and in accordance with the established regulatory framework, through the established regulatory review process. Therefore, the combined cumulative impacts to tribal cultural resources associated with the Project’s incremental effects and those of the cumulative projects would be less than significant with mitigation incorporated. (Draft EIR Page 4.18-12)

2.5.19 Utilities And Service Systems
For purposes of public utilities and service systems, cumulative impacts are considered for projects located within Fontana. All impacts from the Project site to utilities and service systems would be less than significant in consideration of compliance with existing laws, ordinances, regulations, and standards.

In addition, the Project site would recycle and implement measures on-site to reduce the waste stream to landfill(s). The Project applicant would pay the applicable development impact and service fees.

Therefore, impacts are not anticipated to be cumulatively considerable. Other past, present, and 52096
Sierra Distribution Facility Project
Findings of Fact SCH No. 2023030788
70 reasonably foreseeable projects would be anticipated to implement similar measures or implement mitigation to fully mitigates their contribution to cumulative impacts. Therefore, there are no significant cumulative impacts anticipated relative to utility and service systems, and the Project’s contribution toward potential future utility and service system impacts in the City is not cumulatively considerable. (Draft EIR Page 4.19-18)

2.5.20 Wildfire
Projects have the potential to be cumulatively considerable, when evaluated in the context of other past, present, or reasonably foreseeable projects that make a cumulative contribution to impacts. Cumulative development occurring within the vicinity and similar FHSZs would be subject to risk of wildfire hazards.

Cumulative projects also would be subject to compliance with the CBC and California Fire Code, as well as local regulations (Fontana MC), and all proposed construction would be required to meet minimum standards for fire safety. Development occurring within the City, or those future projects adjacent to and near the Project site would be subject to review by the City to ensure cumulative development is designed to provide a minimum of fire safety and support fire suppression activities. This would include compliance with state and local fire codes, inclusion of fire sprinklers if required, proper fire hydrant system, paved access, and secondary emergency access routes. Implementation of these plans and policies, in conjunction with compliance with the local fire code and City standards, would ensure cumulative impacts with respect to wildfire hazards are less than significant. (Draft EIR Page 4.20-14)

2.6 Significant Irreversible Environmental Changes Which Would Be Caused by the Proposed Project Should It Be Implemented
The CEQA Guidelines require EIRs to address any significant irreversible environmental changes that would be involved in the proposed action should it be implemented (CEQA Guidelines Section 15126.2(c)).

Determining whether the Project may result in significant irreversible environmental changes requires a determination of whether key non-renewable resources would be degraded or destroyed in such a way that there would be little possibility of restoring them.

The Project would not involve the utilization of nonrenewable resources in a manner that would make their nonuse or removal unlikely. Nonrenewable resources associated with the development of the Project would include fossil fuels. Fossil fuels would serve as energy sources during both Project construction and operations. Fossil fuels would act as transportation energy sources for construction vehicles and heavy equipment during the construction period and by vehicles and equipment used during Project operations. Though the Project would endeavor to utilize fossil fuels efficiently, their use would be vital for construction and operations activities, making their nonuse unlikely. However, the Project would not require the continued use of fossil fuels at the end of its operational life.

By nature of being a nonrenewable resource, fossil fuels, once consumed, cannot be replaced. Those fuels, once spent, may be transformed into another form of matter such as exhaust or smoke. Standard vehicles and equipment used by the Project in both construction and operational phases would likely utilize fossil fuels. Some construction and operational equipment such as forklifts may be electrified and therefore not 52197
Sierra Distribution Facility Project
Findings of Fact SCH No. 2023030788
71 rely on fossil fuels. Energy-efficient equipment would be utilized according to their availability and in order to comply with energy regulations and policies.

The Project applicant does not propose any fueling stations and would not store significant amounts of fossil fuels on the site. Any fossil fuels stored on-site would not be stored in a manner that would make their removal unlikely. No infrastructure is proposed to store fossil fuels in large amounts or without the ability of removal.

The Project would also require the commitment of land on which the Project would be developed for industrial use. Land is another finite resource in that once developed and in active use it removes the ability for that land to be used for other uses and developments. However, land developments associated with the Project would not remove the possibility of redevelopment in the future. The land development would not, therefore, make the nonuse of the land unlikely. (Draft EIR Page 5-1)

2.7 Growth-Inducing Impacts of the Proposed Project
CEQA requires a discussion of the ways in which the proposed Project could be growth inducing. The CEQA Guidelines identify a project as growth inducing if it would foster economic or population growth or the construction of additional housing, either directly or indirectly, in the surrounding environment (CEQA Guidelines Section 15126.2(d)). New employees and new residential populations represent direct forms of growth. These direct forms of growth have a secondary effect of expanding the size of local markets and inducing additional economic activity in the area.

A project could indirectly induce growth at the local level by increasing the demand for additional goods and services associated with an increase in population or employment and thus reducing or removing the barriers to growth. This typically occurs in suburban or rural environs where population growth results in increased demand for service and commodity markets responding to the new population of residents or employees.

According to regional population projections included in SCAG’s Connect SoCal, the City of Fontana’s population is projected to grow by 75,700 residents between 2016 and 2045 (approximately 0.99 percent annual growth) (SCAG, 2020). Over this same time period, employment in the City is expected to add 18,400 new jobs (approximately 0.84 percent annual job growth) (ibid). Economic growth would likely take place as a result of the Project’s operation as a distribution facility. The Project’s employees (short-term construction and long-term operational) would purchase goods and services in the region, but any secondary increase in employment associated with meeting these goods and services demands is expected to be accommodated by existing goods and service providers and, based on the amount of existing and planned future commercial and retail services available in area near the Project site, would be highly unlikely to result in any unanticipated, adverse physical impacts to the environment. In addition, the Project would create jobs, a majority of which would likely be filled by residents of the housing units either already built or planned for development within the City of Fontana and nearby incorporated and unincorporated areas. Accordingly, because it is anticipated that most of the Project’s future employees would already be living in the City of Fontana or the immediate surrounding Inland Empire area, the 52298
Sierra Distribution Facility Project
Findings of Fact SCH No. 2023030788
72 Project’s introduction of new employment opportunities on the Project site would not induce substantial growth in the area.

Under CEQA, growth inducement is not considered necessarily detrimental, beneficial, or of little significance to the environment. Typically, growth-inducing potential of a project would be considered significant if it fosters growth or a concentration of population in excess of what is assumed in pertinent master plans, land use plans, or in projections made by regional planning agencies such as SCAG.

Significant growth impacts also could occur if a project provides infrastructure or service capacity to accommodate growth beyond the levels currently permitted by local or regional plans and policies. In general, growth induced by a project is considered a significant impact if it directly or indirectly affects the ability of agencies to provide needed public services, or if it can be demonstrated that the potential growth significantly affects the environment in some other way.

The area surrounding the Project site consist of industrial land uses to the north and south, a landfill to the east, and residential land uses to the west. Development of the Project Site is not expected to place short-term development pressure on abutting properties because these areas are already built-out. SCAG estimates, for warehousing, estimate one employee is generated for every 2,111 square feet of building space, which would result in approximately 189 new employees for 398,514 square feet of warehousing.

Existing regional population and the 1,442 vacant housing units within the City would adequately support the Project.

Based on the foregoing analysis, the Project would not result in substantial, adverse growth-inducing impacts. (Draft EIR Page 5-3)

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

Where significant impacts are identified, section 15126.6 of the State CEQA Guidelines requires EIRs to consider and discuss alternatives to the proposed actions. Subsection (a) states:
(a) An EIR shall describe a range of reasonable alternatives to the project, or to the location of the project, which would feasibly attain most of the basic objectives of the project but would avoid or substantially lessen any of the significant effects of the project, and evaluate the comparative merits of the alternatives. An EIR need not consider every conceivable alternative to a project. Rather it must consider a reasonable range of potentially feasible alternatives that will foster informed decision-making and public participation. An EIR is not required to consider alternatives which are infeasible. The lead agency is responsible for selecting a range of project alternatives for examination and must publicly disclose its reasoning for selecting those alternatives. There is no 52399
Sierra Distribution Facility Project
Findings of Fact SCH No. 2023030788
73 ironclad rule governing the nature or scope of the alternatives to be discussed other than the rule of reason.

Subsection 15126.6(b) states the purpose of the alternatives analysis:
(b) Because an EIR must identify ways to mitigate or avoid the significant effects that a project may have on the environment (Public Resources Code Section 21002.1), the discussion of alternatives shall focus on alternatives to the project or its location which are capable of avoiding or substantially lessening any significant effects of the project, even if these alternatives would impede to some degree the attainment of the project objectives, or would be more costly.

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

The range of alternatives required is governed by a “rule of reason” that requires the EIR to set forth only those alternatives necessary to permit a reasoned choice. The EIR shall include sufficient information about each alternative to allow meaningful evaluation, analysis, and comparison with the proposed Project. Alternatives are limited to ones that would avoid or substantially lessen any of the significant effects of the Project. Of those alternatives, the EIR need examine in detail only the ones that the lead agency determines could feasibly attain most of the basic objectives of the Project. (Draft EIR Page 6-1)

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

The following alternative was considered but not carried forward:
100 524
Sierra Distribution Facility Project
Findings of Fact SCH No. 2023030788
74 A. Alternative Site Alternative
The Alternative Site Alternative considers an alternate site for the Project implementation. Under this Alternative, the industrial uses on the Project site would remain. No roadway or frontage improvements would occur on Sierra Avenue or Mango Avenue. Implementation of this Alternative would not be feasible as there are few remaining developable sites capable of supporting the Project remaining in the City.

Additionally, the CEQA Guidelines section also posits that the alternative location chosen should substantially reduce or avoid potential environmental impacts. In the case of the proposed Project, an alternative site is not considered applicable or feasible, as the Project Applicant does not control other undeveloped property of similar size within the City or in the immediate area. For the above reasons, the Alternative Site Alternative was rejected from further consideration and is not discussed further.

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

A. No Project Alternative
State CEQA Guidelines Section 15126.6, requires an evaluation of the “No Project” alternative for decision-makers to compare the impacts of approving a project with the impacts of not approving it.

Alternative 1 assumes that the 398,514 square foot Project would not be developed, which means there would be no warehousing facility, landscape improvements, or surface lot improvements developed on the Project site.

The Project site is bound to the west by Sierra Avenue, to the east by Mango Avenue, and Windflower Avenue enters the Project site from Sierra Avenue. The Project site is presently developed with four commercial/industrial buildings ranging from 5,000 to 25,000 square feet in size. The northwestern quadrant is developed with one building and is utilized as a wooden pallet facility. The northeastern quadrant is developed with one building and is utilized as a carnival attraction repair facility with truck trailer parking. The southwestern quadrant is developed with one building and open-graded gravel pavements and is utilized for truck trailer storage. The southeastern quadrant is developed with one building and is utilized as a storage facility. The existing buildings are single-story, metal-framed structures and are assumed to be supported on conventional shallow foundations with concrete slab-on-grade floors. Ground surface cover consists mainly of open graded gravel and exposed soil, with AC or PCC pavements surrounding the buildings. Little to no vegetation exists on site. Few large trees are present between the northwest and northeast quadrants.

Although this Alternative assumes “No Development” (as required by CEQA), this is considered a speculative assumption as the land is assumed to remain in private ownership (as there are no offers to purchase the land for public open space use). It is more likely that, eventually, the land would be developed with some form of industrial development in keeping with the City’s General Plan land use designation and zoning.
101 525
Sierra Distribution Facility Project
Findings of Fact SCH No. 2023030788
75 Alternative 1 would avoid all potential significant impacts that could occur from Project construction and operation as, by definition, it assumes that no development would occur and therefore no grading, construction or operational traffic and related impacts such as air quality, greenhouse gas emissions, and transportation would occur. The lack of significant impacts associated with Alternative 1 would also remove the significant impacts initially identified for the Project. As there were no significant and unavoidable Impacts associated with development of the Project, Alternative 1 would not remove any significant or unavoidable effects.

Under Alternative 1, the site would remain in its existing uses and would therefore not meet any of the Project objectives including: (1) Implementing the City of Fontana’s desire to create a revenue generating use, which generates limited demands on City public services and that capitalizes on nearby transportation corridors and truck routes, stimulates employment, and responds to current market opportunities; (2) Revitalize a section of the City with new industrial use(s) that continue to expand the City’s production capacity; (3) Provide infrastructure and landscaping improvements to Sierra Avenue and Mango Avenue vicinity to enhance aesthetics as well as improve safety and traffic flow; (4) Facilitate goods movement for the benefit of local and regional economic growth; (5) Provide new state-of-the-art development that will generate a positive fiscal balance increasing the City tax base and a potential for added point of sale tax base for the City moving forward; and (6) Provide additional temporary and permanent employment opportunities while improving the local balance of housing and jobs.

B. Drop Lot/ Trailer Parking Alternative
Drop Lot/ Trailer Parking Alternative (Alternative 2) assumes the proposed warehouse space would not be constructed and instead, the site would be utilized for a drop lot/trailer parking lot. Alternative 2 would accommodate approximately 592 trailer stalls. The main entrance would continue to be via Mango Avenue. Truck access would continue to be prohibited from Sierra Avenue, with sole truck access being from Mango Avenue. In the southeast corner of the Alternative 2, a guard shack and automobile parking would be provided. Drive aisles would range in width from 75 to 100 feet wide. Landscaping would be provided along street frontages. Any off-site improvements associated with the proposed Project would remain consistent with the Alternative.

Alternative 2 assumes the proposed warehouse space would not be constructed in its original location and instead, the site would be utilized for drop lot/trailer parking lot consisting of 592 trailer parking stalls.

The major change between the proposed Project and Alternative 2 would be that Alternative 2 would reduce long-term impacts to scenic views, utilities, and public services. Other resource areas such as traffic, air quality, GHG, and noise among others would have a similar or greater impact from implementation of Alternative 2.

Alternative 2 would be slightly less construction intensive but has the potential to be more traffic intensive and thus generate more air quality, energy, greenhouse gas emissions, noise, and transportation impacts than the proposed Project. Alternative 2 would not meet any of the Project objectives. Alternative 2 would not maximize the City’s benefit when compared to the Project utilizing one of the remaining industrial zoned large sites for trailer/auto parking lot.
102 526
Sierra Distribution Facility Project
Findings of Fact SCH No. 2023030788
76 C. Reduced Building Footprint (25 Percent Reduction) Alternative 3 would entail the development of a single warehouse building at a smaller square footage than what was proposed for the Project. The Alternative would involve the development of a 298,886 square foot warehousing building which would include approximately 7,500 square feet of office space.

Modifications would occur to multiple on-site features such as parking, landscaping, and setbacks.

Alternative 3 would minimize impacts related to the scale of the Project. Therefore, environmental impact areas such as aesthetics, energy, utilities and service systems, and wildfire hazards may see a nominal improvement regarding potential impact significance. However, these resource areas are anticipated to have a less than significant impact under the Project.

Alternative 3 would minimize impacts related to the scale of the Project. Therefore, environmental impact areas such as aesthetics, energy, utilities and service systems, and wildfire hazards may see a nominal improvement regarding potential impact significance. However, these resource areas are anticipated to have a less than significant impact under the Project.

Alternative 3 would generally meet some of the Project objectives, including: (2) Revitalize a section of the City with new industrial use(s) that continue to expand the City’s production capacity; (3) Provide infrastructure and landscaping improvements to Sierra Avenue and Mango Avenue vicinity to enhance aesthetics as well as improve safety and traffic flow; (4) Facilitate goods movement for the benefit of local and regional economic growth; and (6) Provide additional temporary and permanent employment opportunities while improving the local balance of housing and jobs.

In addition to meeting some of the Project objectives, Alternative 3 would result in fewer environmental impacts. However, Alternative 3 would not allow for the level of development of the larger warehouse facilities and still require the same level of infrastructure costs and therefore would not meet Project objectives. Specifically, this Alternative with a smaller warehouse would not fully meet Project objective (1) Implement the City of Fontana’s desire to create a revenue generating use, which generates limited demands on City public services and that capitalizes on nearby transportation corridors and truck routes, stimulates employment, and responds to current market opportunities. Consistent with Objective 5, the Project would need to provide a positive fiscal balance to the City. Alternative 3 would provide a reduced fiscal return to the City, this as a result of the smaller facility. Therefore, Alternative 3 does not maximize the City’s benefits realized or achievement of the Project Objectives when compared to the Project.

2.8.3 Environmentally Superior Alternative
An EIR is required to identify the environmentally superior alternative from among the range of reasonable alternatives that are evaluated. Section 15126.6 (e)(2) of the State CEQA Guidelines requires that an environmentally superior alternative be designated and states that if the environmentally superior Alternative is Alternative 1, the EIR shall also identify an environmentally superior alternative among the other alternatives.

Based on the summary of information presented above, the environmentally superior alternative is Alternative 1. Because Alternative 1 would leave the Project site essentially unchanged and would not 103 527
Sierra Distribution Facility Project
Findings of Fact SCH No. 2023030788
77 have the construction and operational effects that would be associated with any of the alternatives, this Alternative has fewer environmental impacts than the Project or any of the other alternatives.

Section 15126.6(e)(2) of the State CEQA Guidelines states that if the “No Project” alternative is found to be environmentally superior, “the EIR shall also identify an environmentally superior alternative among the other alternatives. Aside from Alternative 1, the Alternative 3: “Reduced Building Intensity” Alternative would have the least environmental impacts.

3.0 Additional Facts on Record

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

3.2 Custodian of Record
The documents and materials that constitute the record of proceedings on which these findings have been based are located at the City of Fontana Community Development Department, 8353 Sierra Avenue, Fontana, CA 92335. The custodian for these records is Salvador Quintanilla, Senior Planner. This information is provided in compliance with Public Resources Code Section 21081.6. 104 528

EXHIBIT B

MITIGATION, MONITORING, AND REPORTING PROGRAM
105 529
Sierra Distribution Facility Project Mitigation, Monitoring and Reporting Program Lead Agency: City of Fontana SCH No. 2023030788

Mitigation, Monitoring and Reporting Program

THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE PARTY MONITORING PARTY IMPLEMENTATION STAGE

LEVEL OF SIGNIFICANCE

AFTER MITIGATION

1.1 Air Quality
Summary of Impacts
Threshold Impact 4.3-2: Less-thanSignificant Impact with Mitigation Incorporated. Project
construction and operational
activities would not exceed the
applicable SCAQMD regional
threshold for any criteria
pollutant. Thus, the Project would
not contribute cumulatively
considerable volumes of any air
pollutant for which the SCAB does
not attain federal or State air
quality standards. As such, impacts
would be less than significant.

MM AQ-1 Low VOC Paint
(Construction). During construction, the
Project shall utilize “Super-Compliant) low
VOC paints which have been reformulated
to exceed the regulatory VOC limits (i.e.,
have a lower VOC content than what is
required) put forth by SCAQMD’s Rule 1113
for all architectural coatings. SuperCompliant low VOC paints shall be no more than 10g/L of VOC. Prior to issuance of
building permits, the City of Fontana
Building and Safety Department shall
confirm that plans include the following
specifications:

All architectural coatings will be supercompliant low VOC paints.

Recycle leftover paint. Take any leftover
paint to a household hazardous waste
center; do not mix leftover water-based
and oil-based paints.

Keep lids closed on all paint containers
when not in use to prevent VOC emissions
and excessive odors.

For water-based paints, clean up with
water only. Whenever possible, do not
rinse the cleanup water down the drain or
Construction
Manager
Construction
Manager, City of
Fontana
During construction Less-than-Significant
Impact
106 530
Sierra Distribution Facility Project Mitigation, Monitoring and Reporting Program Lead Agency: City of Fontana SCH No. 2023030788

THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE PARTY MONITORING PARTY IMPLEMENTATION STAGE

LEVEL OF SIGNIFICANCE

AFTER MITIGATION
pour it directly into the ground or the storm
drain. Set aside the can of cleanup water
and take it to the hazardous waste center
(www.cleanup.org).

Use compliant low-VOC cleaning solvents
to clean paint application equipment.

Keep all paint- and solvent-laden rags in
sealed containers to prevent VOC
emissions.

Contractors shall construct/build with
materials that do not require painting and
use pre-painted construction materials to
the extent practicable.

Use high-pressure/low volume paint
applicators with a minimum transfer
efficiency of at least 50 percent or other
application techniques with equivalent or
higher transfer efficiency.

1.2 Biological Resources
Summary of Impacts
Threshold Impact 4.4-1: Less than
Significant Impact with Mitigation
Incorporated. The Project site does
not contain habitat suitable for
special status plant or animal
species; however, in order to
minimize potential impacts to bird
nesting sites Mitigation Measure
(MM) BIO-1 would require the
MM BIO-1 Bird nesting season
generally extends from February 1 through
August 31 in southern California. To avoid
impacts to nesting birds (common and
special-status) during the nesting season, a
qualified Avian Biologist will conduct pre‐
construction Nesting Bird Surveys (NBS)
three days prior to project‐related
disturbance to identify any active nests. If
Qualified Biologist City of Fontana Prior to grounddisturbance activities between February 1
and August 31
Less than Significant
Impact
107 531
Sierra Distribution Facility Project Mitigation, Monitoring and Reporting Program Lead Agency: City of Fontana SCH No. 2023030788

THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE PARTY MONITORING PARTY IMPLEMENTATION STAGE

LEVEL OF SIGNIFICANCE

AFTER MITIGATION
completion of a pre-construction
nesting bird clearance survey.

Therefore, impacts to the
aforementioned common and
special-status wildlife or plant
species would be less than
significant with mitigation
measures applied.
no active nests are found, no further action
will be required. If an active nest is found,
the biologist will set appropriate no‐work
buffers around the nest which will be based
upon the nesting species, its sensitivity to
disturbance, nesting stage and expected
types, intensity, and duration of
disturbance. The nests and buffer zones
shall be field checked weekly by a qualified
biological monitor. The approved no‐work
buffer zone shall be clearly marked in the
field, within which no disturbance activity
shall commence until the qualified biologist
has determined the young birds have
successfully fledged and the nest is
inactive.

1.3 Cultural Resources
Summary of Impacts
Threshold Impact 4.5-2: Less than
Significant with Mitigation
Incorporated. The Cultural
Resource Assessment determined
the Project site does not contain
archaeological resources of
significance. As such, it is unlikely
that significant historic period
archaeological remains would be
present within the Project area.

MM CUL-1 In the event that cultural
resources are discovered during project
activities, all work in the immediate vicinity
of the find (within a 60-foot buffer) shall
cease and a qualified archaeologist
meeting Secretary of Interior standards
shall be hired to assess the find. Work on
the other portions of the project outside of
the buffered area may continue during this
assessment period. Additionally, the
Construction
Manager
Qualified
Archaeologist
YSMN, City of
Fontana
During initial grounddisturbing activitiesLess-than-Significant Impact
108 532
Sierra Distribution Facility Project Mitigation, Monitoring and Reporting Program Lead Agency: City of Fontana SCH No. 2023030788

THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE PARTY MONITORING PARTY IMPLEMENTATION STAGE

LEVEL OF SIGNIFICANCE

AFTER MITIGATION
However, in the event that a
potentially significant
archaeological resource is
encountered during Projectrelated ground-disturbing
activities MMs CUL-1 and CUL-2
would apply to further minimize
potential impacts to
archaeological resources. With
implementation of MMs CUL-1
and CUL-2, impacts regarding a
substantial adverse change of an
archaeological resource would be
less than significant.

Yuhaaviatam of San Manuel Nation
Cultural Resources Department (YSMN)
shall be contacted, as detailed within
MM TCR-1, regarding any pre-contact
and/or historic-era finds and be provided
information after the archaeologist makes
his/her initial assessment of the nature of
the find, so as to provide Tribal input with
regards to significance and treatment.

MM CUL-2 If significant pre-contact
and/or historic-era cultural resources, as
defined by CEQA (as amended, 2015), are
discovered and avoidance cannot be
ensured, the archaeologist shall develop a
Monitoring and Treatment Plan, the drafts
of which shall be provided to YSMN for
review and comment, as detailed within
MM TCR-1. The archaeologist shall monitor
the remainder of the project and
implement the Plan accordingly.

Construction
Manager
Qualified
Archaeologist
Qualified
Archeologist,
YSMN
During initial grounddisturbance activitiesLess-than-Significant Impact
Threshold Impact 4.5-3: Less than
Significant Impact with Mitigation
Incorporated. The Project is
located in an area mainly
developed with industrial and
residential uses and is not located
near a formal cemetery. In the
unlikely event human remains are
discovered during Project
MM CUL-3 If human remains or
funerary objects are encountered during
any activities associated with the Project,
work in the immediate vicinity (within a
100-foot buffer of the find) shall cease and
the County Coroner shall be contacted
pursuant to State Health and Safety Code
Section 7050.5 and that code enforced for
the duration of the Project.

Construction
Manager
City of Fontana,
County Coroner
During initial grounddisturbance activitiesLess-than-Significant Impact
109 533
Sierra Distribution Facility Project Mitigation, Monitoring and Reporting Program Lead Agency: City of Fontana SCH No. 2023030788

THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE PARTY MONITORING PARTY IMPLEMENTATION STAGE

LEVEL OF SIGNIFICANCE

AFTER MITIGATION
construction, the Project would
comply with all relevant
regulations and apply MM CUL-3.

Impacts would be less than
significant.

1.4 Hazards and Hazardous Materials
Summary of Impacts
Threshold Impact 4.9-1: Less-thanSignificant Impact with Mitigation Incorporated. Construction of the
Project would not require
significant handling of hazardous
materials and would comply with
all applicable regulations. MM
HAZ-1 and MM HAZ-2 would
ensure proper handling of
contaminate soils should they be
discovered. The Project would also
be operated with strict adherence
to all emergency response plan
requirements set forth by the City
of Fontana Local Hazard Mitigation
Plan (LHMP). Impacts would be
less than significant.

MM HAZ-1 If potentially
contaminated soil is identified during site
disturbance activities for the Project, as
evidenced by discoloration, odor,
detection by instruments, or other signs, a
qualified environmental professional shall
inspect the site, determine the need for
sampling to confirm the nature and extent
of contamination, and provide a written
report to the Site Developer or Lead
Agency, as applicable, stating the
recommended course of action. Depending
on the nature and extent of contamination,
the qualified environmental professional
shall have the authority to temporarily
suspend construction activity at that
location for the protection of workers or
the public. If, in the opinion of the qualified
environmental professional, substantial
remediation may be required, Site
Developer or Lead Agency, as applicable,
shall contact representatives of the San
Construction
Manager, Qualified
Environmental
Professional
Site Developer,
City of Fontana,
Fire Department,
DTSC
During initial grounddisturbance activitiesLess-than-Significant Impact
110 534
Sierra Distribution Facility Project Mitigation, Monitoring and Reporting Program Lead Agency: City of Fontana SCH No. 2023030788

THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE PARTY MONITORING PARTY IMPLEMENTATION STAGE

LEVEL OF SIGNIFICANCE

AFTER MITIGATION
Bernardino County Fire Department and/or
DTSC for guidance and oversight and shall
comply with all performance standards and
requirements of the respective agency for
proper removal and disposal of
contaminated materials.

MM HAZ-2 Prior to the issuance of a
demolition permit for any buildings or
structures on-site, if hazardous substances
are used and/or stored greater than as
specified by the applicable health and
safety code, the Project applicant shall
prepare and implement a Hazardous
Materials Management Plan in accordance
with all applicable standards set forth by
the Hazardous Material Division of the San
Bernardino County Fire Department, for
facilities that store, handle, or use
regulated substances as defined in the
California Health and Safety Code Section
25532 in excess of threshold quantities,
identifying and developing methods of
protection from the hazards presented by
the hazardous materials. 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. This plan shall
Applicant City of Fontana,
Fire Department
Prior to issuance of
demolition permit
Less-than-Significant
Impact
111 535
Sierra Distribution Facility Project Mitigation, Monitoring and Reporting Program Lead Agency: City of Fontana SCH No. 2023030788

THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE PARTY MONITORING PARTY IMPLEMENTATION STAGE

LEVEL OF SIGNIFICANCE

AFTER MITIGATION
be prepared by a qualified person, firm, or
corporation and submitted to Fontana
Building & Safety and reviewed and
approved by the San Bernardino County
Fire Department through the Certified
Unified Program Agencies (CUPA) process
prior to implementation as required by the
California Accidental Release Prevention
(CalARP) Program.

Threshold Impact 4.9-2: Less-thanSignificant Impact with Mitigation Incorporated. The Project site
does not contain environmental
concerns and would abide by all
regulations in the event of an
accidental release of hazardous
materials. In accordance with MM
HAZ-3, prior to demolition of any
structures an asbestos containing
material (ACM) assessment should
be conducted. Compliance with
MM HAZ-4 would ensure safe
habitation conditions during
operation for the Project regarding
close proximity to a land fill site.

Impacts would be less than
significant.

MM HAZ-3 Prior to the issuance of a
demolition permit for any buildings or
structures on-site, the Master Developer or
Site Developer, as applicable, shall conduct
a comprehensive asbestos containing
materials (ACM) survey to identify the
locations and quantities of ACM in aboveground structures. The Master Developer or Site Developer, as applicable, shall retain
a licensed or certified asbestos consultant
to inspect buildings and structures on-site.

The consultant’s report shall include
requirements for abatement, containment,
and disposal of ACM, if encountered, in
accordance with South Coast Air Quality
Management District (SCAQMD’s) Rule
1403.

Master Developer
or Site Developer,
licensed or certified
asbestos consultant
City of Fontana Prior to issuance of
demolition permit
Less-than-Significant
Impact
MM HAZ-4 All developments within
1,000 feet of the Mid-Valley Sanitary
Landfill, shall be designed and constructed
in accordance with the following, or in
Master Developer
or Site Developer
City of Fontana,
San Bernardino
County Public
Final Design Less-than-Significant
Impact
112 536
Sierra Distribution Facility Project Mitigation, Monitoring and Reporting Program Lead Agency: City of Fontana SCH No. 2023030788

THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE PARTY MONITORING PARTY IMPLEMENTATION STAGE

LEVEL OF SIGNIFICANCE

AFTER MITIGATION
accordance with an equivalent design
which will prevent gas migration into the
building as per 27 CCR Section 21190(g):

1. a geomembrane or equivalent system
with low permeability to landfill gas
shall be installed between the concrete
floor slab of the building and subgrade;

2. a permeable layer of open graded
material of clean aggregate with a
minimum thickness of 12 inches shall
be installed between the
geomembrane and the subgrade or
slab;

3. a geotextile filter shall be utilized to
prevent the introduction of fines into
the permeable layer;

4. perforated venting pipes shall be
installed within the permeable layer,
and shall be designed to operate
without clogging;

5. the venting pipe shall be constructed
with the ability to be connected to an
induced draft exhaust system;

6. automatic methane gas sensors shall
be installed within the permeable gas
layer, and inside the building to trigger
an audible alarm when methane gas
concentrations are detected; and
periodic methane gas monitoring shall be
conducted inside all buildings and
Health
Department
113 537
Sierra Distribution Facility Project Mitigation, Monitoring and Reporting Program Lead Agency: City of Fontana SCH No. 2023030788

THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE PARTY MONITORING PARTY IMPLEMENTATION STAGE

LEVEL OF SIGNIFICANCE

AFTER MITIGATION
underground utilities in accordance with
Article 6, of Subchapter 4 of this chapter
(Section 20920 et seq.).

1.5 Tribal Cultural Resources
Summary of Impacts
Threshold Impact 4.18-1:

Significant Direct and
Cumulatively-Considerable
Impact. In the event that a
potentially significant tribal
cultural resource or the potential
for unknown buried archaeological
resources that qualify as TCRs are
encountered during Projectrelated ground-disturbing
activities, MM CUL-1 would apply
to further minimize potential
impacts to archaeological
resources. Implementation of
MMs TCR-1 through TCR-5 would
further reduce impacts to any
unknown or inadvertently
discovered archaeological
resources or human remains that
are identified as TCRs. All such
finds would be required to be
treated in accordance with all
CEQA requirements and all other
applicable laws and regulations.

MM TCR-1 The Yuhaaviatam of San
Manuel Nation Cultural Resources
Department (YSMN) shall be contacted, as
detailed in CR-1, of any pre-contact and/or
historic-era cultural resources discovered
during project implementation, and be
provided information regarding the nature
of the find, so as to provide Tribal input
with regards to significance and treatment.

Should the find be deemed significant, as
defined by CEQA (as amended, 2015), a
cultural resources Monitoring and
Treatment Plan shall be created by the
archaeologist, in coordination with YSMN,
and all subsequent finds shall be subject to
this Plan. This Plan shall allow for a monitor
to be present that represents YSMN for the
remainder of the project, should YSMN
elect to place a monitor on-site.

Project Applicant,
Project
Archaeologist
City of Fontana
Building and Safety
Department
If cultural, tribal
cultural, or
archaeological
resources are found
on the Project Site;
During construction
Less-than-Significant
Impact
MM TCR-2 Any and all
archaeological/cultural documents created
as a part of the project (isolate records, site
records, survey reports, testing reports,
etc.) shall be supplied to the applicant and
Qualified
Archeologist
City of Fontana,
Applicant, YSMN
Ongoing, during
construction.

Less-than-Significant
Impact
114 538
Sierra Distribution Facility Project Mitigation, Monitoring and Reporting Program Lead Agency: City of Fontana SCH No. 2023030788

THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE PARTY MONITORING PARTY IMPLEMENTATION STAGE

LEVEL OF SIGNIFICANCE

AFTER MITIGATION
With implementation of MM CUL1 and MMs TCR-1 through TCR-5, impacts regarding a substantial
adverse change of a tribal cultural
resource would be less than
significant.

Lead Agency for dissemination to YSMN.

The Lead Agency and/or applicant shall, in
good faith, consult with YSMN throughout
the life of the project.

MM TCR-3 Retain a Native American
Monitor Prior to Commencement of
Ground-Disturbing Activities.

A. The project applicant/lead agency shall
retain a Native American Monitor from
or approved by the Gabrieleño Band of
Mission Indians – Kizh Nation. The
monitor shall be retained prior to the
commencement of any “grounddisturbing activity” for the subject project at all project locations (i.e.,
both on-site and any off-site locations
that are included in the project
description/definition and/or required
in connection with the project, such as
public improvement work). “Grounddisturbing activity” shall include, but is not limited to, demolition, pavement
removal, potholing, auguring,
grubbing, tree removal, boring,
grading, excavation, drilling, and
trenching.

B. A copy of the executed monitoring
agreement shall be submitted to the
lead agency prior to the earlier of the
commencement of any groundApplicant, City of
Fontana
City of Fontana,
Gabrieleño Band of
Mission Indians –
Kizh Nation
Prior to
commencement of
ground-disturbing
activities
Less-than-Significant
Impact
115 539
Sierra Distribution Facility Project Mitigation, Monitoring and Reporting Program Lead Agency: City of Fontana SCH No. 2023030788

THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE PARTY MONITORING PARTY IMPLEMENTATION STAGE

LEVEL OF SIGNIFICANCE

AFTER MITIGATION
disturbing activity, or the issuance of
any permit necessary to commence a
ground-disturbing activity.

C. The monitor will complete daily
monitoring logs that will provide
descriptions of the relevant grounddisturbing activities, the type of construction activities performed,
locations of ground-disturbing
activities, soil types, cultural-related
materials, and any other facts,
conditions, materials, or discoveries of
significance to the Tribe. Monitor logs
will identify and describe any
discovered TCRs, including but not
limited to, Native American cultural
and historical artifacts, remains, places
of significance, etc., (collectively, tribal
cultural resources, or “TCR”), as well as
any discovered Native American
(ancestral) human remains and burial
goods. Copies of monitor logs will be
provided to the project applicant/lead
agency upon written request to the
Tribe.

D. On-site tribal monitoring shall
conclude upon the latter of the
following (1) written confirmation to
the Kizh from a designated point of
contact for the project applicant/lead
116 540
Sierra Distribution Facility Project Mitigation, Monitoring and Reporting Program Lead Agency: City of Fontana SCH No. 2023030788

THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE PARTY MONITORING PARTY IMPLEMENTATION STAGE

LEVEL OF SIGNIFICANCE

AFTER MITIGATION
agency that all ground-disturbing
activities and phases that may involve
ground-disturbing activities on the
project site or in connection with the
project are complete; or (2) a
determination and written notification
by the Kizh to the project
applicant/lead agency that no future,
planned construction activity and/or
development/construction phase at
the project site possesses the potential
to impact Kizh TCRs.

Upon discovery of any TCRs, all
construction activities in the immediate
vicinity of the discovery shall cease (i.e., not
less than the surrounding 50 feet) and shall
not resume until the discovered TCR has
been fully assessed by the Kizh monitor
and/or Kizh archaeologist. The Kizh will
recover and retain all discovered TCRs in
the form and/or manner the Tribe deems
appropriate, in the Tribe’s sole discretion,
and for any purpose the Tribe deems
appropriate, including for educational,
cultural and/or historic purposes.

MM TCR-4 Unanticipated Discovery
of Human Remains and Associated
Funerary Objects.

A. Native American human remains are
defined in PRC 5097.98 (d)(1) as an
Construction
Manager, Tribal
Monitor
City of Fontana,
County Coroner,
Gabrieleño Band of
Mission Indians –
Kizh Nation
Ongoing, during
construction.

Less-than-Significant
Impact
117 541
Sierra Distribution Facility Project Mitigation, Monitoring and Reporting Program Lead Agency: City of Fontana SCH No. 2023030788

THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE PARTY MONITORING PARTY IMPLEMENTATION STAGE

LEVEL OF SIGNIFICANCE

AFTER MITIGATION
inhumation or cremation, and in any
state of decomposition or skeletal
completeness. Funerary objects,
called associated grave goods in
Public Resources Code Section
5097.98, are also to be treated
according to this statute.

B. If Native American human remains
and/or grave goods discovered or
recognized on the project site, then all
construction activities shall
immediately cease. Health and Safety
Code Section 7050.5 dictates that any
discoveries of human skeletal
material shall be immediately
reported to the County Coroner and
all ground-disturbing activities shall
immediately halt and shall remain
halted until the coroner has
determined the nature of the
remains. If the coroner recognizes the
human remains to be those of a
Native American or has reason to
believe they are Native American, he
or she shall contact, by telephone
within 24 hours, the Native American
Heritage Commission, and Public
Resources Code Section 5097.98 shall
be followed.
118 542
Sierra Distribution Facility Project Mitigation, Monitoring and Reporting Program Lead Agency: City of Fontana SCH No. 2023030788

THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE PARTY MONITORING PARTY IMPLEMENTATION STAGE

LEVEL OF SIGNIFICANCE

AFTER MITIGATION
C. Human remains and grave/burial
goods shall be treated alike per
California Public Resources Code
section 5097.98(d)(1) and (2).

D. Construction activities may resume in
other parts of the project site at a
minimum of 200 feet away from
discovered human remains and/or
burial goods, if the Kizh determines in
its sole discretion that resuming
construction activities at that distance
is acceptable and provides the project
manager express consent of that
determination (along with any other
mitigation measures the Kizh monitor
and/or archaeologist deems
necessary). (CEQA Guidelines Section
15064.5(f).)
E. Preservation in place (i.e., avoidance)
is the preferred manner of treatment
for discovered human remains and/or
burial goods. Any historic
archaeological material that is not
Native American in origin (non-TCR)
shall be curated at a public, non-profit
institution with a research interest in
the materials, such as the Natural
History Museum of Los Angeles
County or the Fowler Museum, if such
an institution agrees to accept the
119 543
Sierra Distribution Facility Project Mitigation, Monitoring and Reporting Program Lead Agency: City of Fontana SCH No. 2023030788

THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE PARTY MONITORING PARTY IMPLEMENTATION STAGE

LEVEL OF SIGNIFICANCE

AFTER MITIGATION
material. If no institution accepts the
archaeological material, it shall be
offered to a local school or historical
society in the area for educational
purposes.

Any discovery of human remains/burial
goods shall be kept confidential to prevent
further disturbance.

MM TCR-5 Procedures for Burials
and Funerary Remains:

A. As the Most Likely Descendant
(“MLD”), the Koo-nas-gna Burial
Policy shall be implemented. To the
Tribe, the term “human remains”
encompasses more than human
bones. In ancient as well as historic
times, Tribal Traditions included, but
were not limited to, the preparation
of the soil for burial, the burial of
funerary objects with the deceased,
and the ceremonial burning of human
remains.

B. If the discovery of human remains
includes four or more burials, the
discovery location shall be treated as
a cemetery and a separate treatment
plan shall be created.

C. The prepared soil and cremation soils
are to be treated in the same manner
as bone fragments that remain intact.

Tribal Monitor,
Applicant, City of
Fontana
City of Fontana,
County Coroner,
Gabrieleño Band of
Mission Indians –
Kizh Nation
Ongoing, during
construction.

Less-than-Significant
Impact
120 544
Sierra Distribution Facility Project Mitigation, Monitoring and Reporting Program Lead Agency: City of Fontana SCH No. 2023030788

THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE PARTY MONITORING PARTY IMPLEMENTATION STAGE

LEVEL OF SIGNIFICANCE

AFTER MITIGATION
Associated funerary objects are
objects that, as part of the death rite
or ceremony of a culture, are
reasonably believed to have been
placed with individual human remains
either at the time of death or later;
other items made exclusively for
burial purposes or to contain human
remains can also be considered as
associated funerary objects.

Cremations will either be removed in
bulk or by means as necessary to
ensure complete recovery of all
sacred materials.

D. In the case where discovered human
remains cannot be fully documented
and recovered on the same day, the
remains will be covered with muslin
cloth and a steel plate that can be
moved by heavy equipment placed
over the excavation opening to
protect the remains. If this type of
steel plate is not available, a 24-hour
guard should be posted outside of
working hours. The Tribe will make
every effort to recommend diverting
the project and keeping the remains
in situ and protected. If the project
cannot be diverted, it may be
121 545
Sierra Distribution Facility Project Mitigation, Monitoring and Reporting Program Lead Agency: City of Fontana SCH No. 2023030788

THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE PARTY MONITORING PARTY IMPLEMENTATION STAGE

LEVEL OF SIGNIFICANCE

AFTER MITIGATION
determined that burials will be
removed.

E. In the event preservation in place is
not possible despite good faith efforts
by the project applicant/developer
and/or landowner, before grounddisturbing activities may resume on the project site, the landowner shall
arrange a designated site location
within the footprint of the project for
the respectful reburial of the human
remains and/or ceremonial objects.

F. Each occurrence of human remains
and associated funerary objects will
be stored using opaque cloth bags. All
human remains, funerary objects,
sacred objects and objects of cultural
patrimony will be removed to a secure
container on site if possible. These
items should be retained and reburied
within six months of recovery. The site
of reburial/repatriation shall be on
the project site but at a location
agreed upon between the Tribe and
the landowner at a site to be
protected in perpetuity. There shall
be no publicity regarding any cultural
materials recovered.

The Tribe will work closely with the
project’s qualified archaeologist to ensure
122 546
Sierra Distribution Facility Project Mitigation, Monitoring and Reporting Program Lead Agency: City of Fontana SCH No. 2023030788

THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE PARTY MONITORING PARTY IMPLEMENTATION STAGE

LEVEL OF SIGNIFICANCE

AFTER MITIGATION
that the excavation is treated carefully,
ethically and respectfully. If data recovery
is approved by the Tribe, documentation
shall be prepared and shall include (at a
minimum) detailed descriptive notes and
sketches. All data recovery data recoveryrelated forms of documentation shall be approved in advance by the Tribe. If any
data recovery is performed, once
complete, a final report shall be submitted
to the Tribe and the NAHC. The Tribe does
NOT authorize any scientific study or the
utilization of any invasive and/or
destructive diagnostics on human remains.

1.6 Wildfire
Summary of Impacts
Threshold Impact 4.20-3: Lessthan-Significant Impact with Mitigation Incorporated. Fire risk
would not be exacerbated
resulting in temporary or ongoing
impacts to the environment with
implementation of MM FIRE-1.

MM FIRE-1 Fire Safety
Requirements. The Project shall be
required to comply with all Fire Safety
Requirements as identified in Section 5 of
the Fire Protection Plan prepared for the
Project (Appendix L). Conformance with
these requirements shall be verified by the
San Bernardino County Fire Department
during design review prior to the issuance
of building and grading permits.

Construction
Manager, Applicant,
City of Fontana
City of Fontana,
San Bernardino
County Fire
Department
Prior to the issuance
of building and
grading permits.

Ongoing.

Less-than-Significant
Impact
Threshold Impact 4.20-4: Lessthan-Significant Impact with Mitigation Incorporated. Impacts
associate with the Project
exposing people or structures to
significant risks would be
123 547
Sierra Distribution Facility Project Mitigation, Monitoring and Reporting Program Lead Agency: City of Fontana SCH No. 2023030788

mitigated with implementation of
MM FIRE-1.
124 548
Resolution PC No. 2025-
ATTACHMENT NO. 4
RESOLUTION NO. PC 2025-

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
FONTANA APPROVING TENTATIVE PARCEL MAP NO. 22-000025 (TPM NO. 20611) TO CONSOLIDATE SIX (6) PARCELS INTO ONE; REPORTING

ON THE CONFORMITY OF THE PROPOSED VACATION OF

WINDFLOWER AVENUE WITH THE GENERAL PLAN PURSUANT TO
GOVERNMENT CODE SECTION 65402; AND APPROVING DESIGN
REVIEW NO. 22-000051 FOR THE SITE AND ARCHITECTURAL REVIEW OF A NEW 398,514 SQUARE FOOT WAREHOUSE BUILDING INCLUDING 10,000 SQUARE FEET OF OFFICE SPACE AND ASSOCIATED SITE
IMPROVEMENTS, ON APPROXIMATELY 18.3 GROSS ACRES LOCATED

BETWEEN SIERRA AVENUE AND MANGO AVENUE, APPROXIMATELY
1,300 FEET SOUTH OF SUMMIT AVENUE (ASSESSOR PARCEL
NUMBERS: 1119-241-10,-13,-18,-25,-26, AND -27), PURSUANT TO THE

CERTIFIED ENVIRONMENTAL IMPACT REPORT (EIR) (STATE
CLEARING HOUSE NO. 2023030788) AND MITIGATION MONITORING

AND REPORTING PROGRAM AND DIRECTING STAFF TO FILE A
NOTICE OF DETERMINATION.

WHEREAS, the City of Fontana (“City”) has an adopted general plan, which provides comprehensive, long-term goals, policies and programs for the physical development of the City; and
WHEREAS, Assessor’s Parcel Numbers (“APNs”) 1119-241-10, -13, -18, -25, -26 and -27 (“Project Site”), were annexed from San Bernardino County and incorporated into the City of Fontana on October 8, 1981; and
WHEREAS, on August 29, 2022, the City received an application from Seefried Industrial Properties (“Applicant”) for a Tentative Parcel Map No 22-000025 (TPM No. 20611) and Design Review (DRP) No. 22-000051 (Project); and WHEREAS, the Project proposes to consolidate six (6) parcels into one (1), vacate a portion of Windflower Avenue generally located between Sierra Avenue and Mango Avenue, and obtain site and architectural review for the construction of a new warehouse building at the Project Site (Project); and
WHEREAS, the Project Site is designated as Light Industrial (I-L) in the General Plan and is located within the Light Industrial (M-1) zoning district, which allows for such projects; and
WHEREAS, California Government Code Section 65402 provides that if a general plan has been adopted, no street shall be vacated or abandoned until the location, purpose and extent of such vacation has been submitted to and report upon by the planning agency as to conformity with the adopted general plan; and WHEREAS, pursuant to State CEQA Guidelines section 15087(e), the Draft EIR was circulated for at least a 45-day public review and comment period from September 11, 2024, 125 549
Resolution PC No. 2025-
ATTACHMENT NO. 4
to October 25, 2024; and
WHEREAS, the City has prepared a FEIR consisting of the comments received during the 45-day public review and comment period on the Draft Environmental Impact Report (“EIR”), written responses to those comments, revisions to the Draft EIR, and an errata making minor, non-substantive changes to the FEIR. For the purposes of this Resolution, the “EIR” shall refer to the Draft EIR, as revised by the FEIR, together with the other sections of the FEIR; and
WHEREAS, the information contained in the FEIR (State Clearing House No. 2023030788) prepared for the project with the inclusion of a Mitigation Monitoring and Reporting Program (“MMRP”) has been made available for public review; and WHEREAS, pursuant to Resolution PC No. 2025-____, the Planning Commission of the City of Fontana (Planning Commission) adopted environmental findings, pursuant to CEQA, certified the EIR, adopted the Mitigation Monitoring and Reporting Program (“MMRP”), and approved the Project; and
WHEREAS, the City wishes to protect and preserve the quality of life in the City, through effective land use and planning; and
WHEREAS, Windflower Avenue is not identified in the Community Mobility Circulation Element of General Plan as road. The project site is located within the General Plan Land Use Designation of Light Industrial (I-L). Additionally, the proposed vacation will conform to the General Plan finding under Government Code Section 65402.

WHEREAS, Conditions of Approval have been prepared and are attached hereto as Exhibit “A” for Tentative Parcel Map No. 22-000025 (TPM No. 20611) and Exhibit “B” for Design Review No. 22-000051; and
WHEREAS, all of the 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; and a notice of the public hearing was published in the Fontana Herald newspaper on May 23, 2025, and simultaneously displayed at City Hall and at the Project Site; and WHEREAS, on June 3, 2025, a duly noticed public hearing on the Final Environmental Impact Report, Tentative Parcel Map No. 22-000025 (TPM No. 20611) and Design Review No. 22-000051, 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 carefully considered all information pertaining to the Project, which incorporates the proposed vacation of Windflower Avenue, including the staff report, findings, and all of the information, evidence and testimony presented at its public hearing on June 3, 2025; and
126 550
Resolution PC No. 2025-
ATTACHMENT NO. 4
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, be it RESOLVED by the Planning Commission:

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

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

Code Regs., tit. 14, § 15000 et seq.), the EIR (State Clearinghouse No. 2023030788) was prepared for development. Per Resolution PC No. 2025-____, the Planning Commission adopted environmental findings pursuant to CEQA, certified the EIR, which analyzed Tentative Parcel Map No. 22-000025 (TPM No. 20611) and Design Review No. 22- 000051, adopted the MMRP, and approved the Project. The Planning Commission has certified the EIR and a Notice of Determination has been prepared.

Section 3. Tentative Parcel Map Findings. The Planning Commission hereby makes the following findings for Tentative Parcel Map No. 22-00025 (TPM No. 20611) in accordance with Section 26-218 (d) of the FMC:

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

Findings of Fact: Tentative Tract Map No. 22-000025 (TPM No. 20611) is consistent with the Project Site’s General Plan land use designation of Light Industrial (I-L). The tentative parcel map proposes to consolidate six (6) parcels into one (1) and vacate Windflower Avenue to construct a warehouse building, which use is consistent with the General Plan.

The lot size complies with the FMC and the Zoning and Development Chapter Code. The tentative parcel map is not within a specific plan.

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

Findings of Fact: The Project has been designed to be consistent with the General Plan including on and off-site improvements. The subdivision design aligns with Chapter 15 (Land Use, Zoning, and Urban Design Element), Chapter 9 (Community Mobility and Circulation Element) and Chapter 16 (Stewardship and Implementation Element) of the General Plan, by providing high quality site designs. Additionally, the subdivision aligns with Chapter 26 (Subdivisions) of the FMC since the vacation of Windflower Avenue and the proposed on-site and off-site improvements (including curb, gutter, sidewalks, and underground utilities) will meet the FMC's requirements. The Project has been reviewed by the Planning Department, Engineering Department and Fire Department, and it was determined that the conditions of approval 127 551
Resolution PC No. 2025-
ATTACHMENT NO. 4
will ensure compliance with the city code and regulations.

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

Findings of Fact: The Project Site is approximately 18.3 adjusted gross acres and is adequate in size to accommodate the warehouse building. The existing topography of the Project Site is relatively flat and is conducive to the development of the Project. All street improvements will be constructed pursuant to applicable building, zoning and fire code standards.

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

Findings of Fact: The design of Tentative Parcel Map No. 22-000025 (TPM No. 20611) and the public improvements will not likely to cause substantial environmental damage, nor will it substantially and unavoidably injure fish and wildlife or their habitat, because there are no bodies of water nearby. Furthermore, the Project Site is in an area that has been disturbed by past human activity and is surrounded by residential and industrial development.

Lastly, an EIR has been prepared for this project pursuant to CEQA and the 2019 Local Guidelines for Implementing CEQA. Based on the information in the EIR, the project does not present significant effects to the environment as a result of project implementation. The mitigation measures established with the EIR along with Conditions of Approval will reduce any significant impacts to the surrounding area.

The use is anticipated based on the Land Use Designation and the Zoning and Development Code.

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

Findings of Fact: The design of Tentative Parcel Map No. 22-000025 (TPM No. 20611) will not cause public health problems. The development complies with the Zoning and Development Code, and the General Plan.

Improvements for the Project include sidewalks, drainage, the undergrounding of utilities and site grading to provide a safe and welldesigned project for the area. The Project promotes the public health, safety, and welfare of the surrounding community, and will not cause public health problems.

Finding No. 6: 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
128 552
Resolution PC No. 2025-
ATTACHMENT NO. 4
subdivision.

Findings of Fact: The design of Tentative Parcel Map No. 22-000025 (TPM No. 20611) and its the associated improvements will not conflict with any access easements acquired by the public. The property will be accessed from Sierra Avenue and Mango Avenue. The Project Site will have adequate circulation for various vehicles that will be using the site.

Currently there are no other public access easements through or within the Project site.

Finding No. 7: The proposed subdivision is consistent with local ordinances certified by the State Board of Forestry and Fire Protection as meeting or exceeding the state regulations.

Findings of Fact: The proposed project is in an area identified in the State Cal-Fire very high fire hazard severity zone and the site has been identified in the local City adopted ordinance as part of the fire hazard overlay district (FHOD).

The site will be built pursuant to all applicable building and fire codes standards, in addition to the Conditions of Approval as referenced herein.

All requirements of Section. 30-656 (Fire Hazard Overlay District Regulations) shall apply.

Finding No. 8: The proposed project will have fire protection and suppression services available for the subdivision through the City.

Findings of Fact: The site will be built pursuant to all applicable building and fire codes standards, in addition to the Conditions of Approval as referenced herein.

The project was reviewed by the Fontana Fire Protection District and Building & Safety and the appropriate conditions have been placed on the project so the project will have fire protection and suppression services. All requirements of Section. 30-656 (Fire Hazard Overlay District Regulations) shall also apply.

Section 4. Design Review Findings. The Planning Commission hereby makes the following findings for DRP No. 22-000051 in accordance with Section 30-120 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 Project involves the development of one (1) 398, 514 square foot warehouse building on an 18.3 adjusted gross acre lot. Architectural features for the Project include aluminum storefront with glazed windows, metal canopies and metal doors. The site and building design comply with the criteria contained in the design review section of the Zoning and Development Code. The Project has high quality 129 553
Resolution PC No. 2025-
ATTACHMENT NO. 4
architecture and appropriate screening. The screening is comprised of screen walls and landscaping to make for an appropriate and desirable development. The Project Site aligns with Chapter 15 (Land Use, Zoning, and Urban Development) of the General Plan Land Use designation because it provide industrial uses where there is easy access to regional transportation routes. The Project is not within a specific plan.

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

Findings of Fact: The Project will result in the construction of a warehouse building totaling approximately 398,514 square feet. This building will be built pursuant to all applicable building, zoning, and fire codes, Division 11 of the Zoning and Development Code, and the Conditions of Approval attached hereto as Exhibit “B”. Architectural features include aluminum storefront with glazed windows, metal canopies and metal doors. The exterior color palette for the proposed building is comprised of a white and gray neutral tone with black and red accent. The variations to the building face and roof lines, and tower elements at a maximum of 48 feet high, will add structural and visual interest to the building and be consistent with the surrounding area.

The project will include sidewalks and landscape improvements along the project boundaries.

The site improvements have been reviewed by the City of Fontana Fire, Building and Safety, and Engineering Departments. Based on the department’s reviews, it was determined that the Project meets the minimum requirements of the Light Industrial (M-1) zone.

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 is aesthetically and architecturally pleasing and compatible with the surrounding area. The Project Site is approximately 18.3 adjusted gross acres and is physically suitable in size and shape to support the warehouse building. The Project creates visual interest with architectural features such as glazed windows, tower elements, with variations to the roof lines. The development has been designed with features of architectural relief, landscaping, street improvements and lighting to enhance the character of the surrounding neighborhood.

The project has been reviewed by the Engineering, Building and 130 554
Resolution PC No. 2025-
ATTACHMENT NO. 4
Safety and Fire Departments with respect to the site circulation, access and safety, and it was determined that the Project meets and exceeds the standards of the Zoning and Development Code and will provide a safe design for public access.

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

Findings of Fact The development will bring significant improvements, to both the Project Site and, the surrounding area. The Project features sidewalks, drainage, grading, curb, gutter, sidewalk, landscaping, lighting, perimeter walls and fencing to provide a safe and welldesigned neighborhood.

The Project Site improvements have been reviewed by the City’s Planning, Fire, Building and Safety, and Engineering Departments.

Based on the departmental reviews, it was determined that the Project meets all City standards in regard to circulation, access and safety.

Section 5. Tentative Parcel Map and Design Review Approvals. Based on the foregoing, the Planning Commission hereby approves Tentative Parcel Map No. 22- 000025 (TPM No. 20611) subject to the Conditions of Approval attached hereto as “Exhibit A”, and incorporated herein by this reference, DRP No. 22-000051 subject to the Conditions of Approval attached hereto as “Exhibit B” and incorporated herein by this reference.

Section 6. General Plan Conformity for Windflower Avenue Vacation. Pursuant to Government Code Section 65402, the Planning Commission has reviewed the proposed vacation of Windflower Avenue in relation to the goals, policies, and land use designations of the City’s General Plan and finds that the proposed vacation is in conformity with the City’s General Plan.

Section 7. Resolution Regarding Custodian of Record: The documents and materials that constitute the record of proceedings on which this Resolution has been based are located at the Planning Department, 8353 Sierra Avenue, Fontana, CA 92335.

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

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

Section 9. Effective Date. This Resolution shall become effective immediately upon its adoption.

Section 10. 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.
131 555
Resolution PC No. 2025-
ATTACHMENT NO. 4
PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Fontana, California, at a regular meeting held on this 3rd day of June 2025.

City of Fontana
Idilio Sanchez, Chair
ATTEST:

I, Joseph Armendarez, Secretary of the Planning Commission of the City of Fontana, California, do hereby certify that the foregoing resolution was duly and regularly adopted by the Planning Commission at a regular meeting thereof, held on the 3rd day of June 2025, by the following vote, to-wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Joseph Armendarez, Secretary
132 556
Resolution PC No. 2025-
ATTACHMENT NO. 4
EXHIBIT “A”

CITY OF FONTANA

CONDITIONS OF APPROVAL
PROJECT: Master Case No. (MCN) 22-0000104 June 3, 2025
Tentative Parcel Map No. 22-000025 (TPM No. 20611)
LOCATION: The project site is located east of Sierra Avenue, west of Mango Avenue and south of Summit Avenue encompasses six (6) parcels comprised of approximately 18.3 acres (APNs: 1119-241-10, -13,-18,-25,-26 and -27).

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 all of the following have occurred:

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

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

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

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, attorney’s 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 133 557
Resolution PC No. 2025-
ATTACHMENT NO. 4
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. 22-000025 (TPM No. 20611) shall comply with all applicable development standards of, Chapter 26 (Subdivisions), Chapter 30 (Zoning and Development), Fontana Municipal Code (FMC), and the Subdivision Map Act.

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

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

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

7. Tentative Parcel Map No. 22-000025 (TPM No. 20611) shall become null and void two (2) years from the date of approval, unless the appropriate permits have been obtained and construction, defined as permit obtainment, commencement of construction of the primary building on site, and successful completion of the first Building and Safety Department inspection, has commenced within this period.

8. In the event that one or more of the Conditions of Approval for this project needs to be amended and/or deleted 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 Manger’s decision. The noticing of such City Council meeting for possible ratification shall be pursuant to Section No. 30-23 of the Municipal Code.

9. The applicant shall post a publicly visible sign on the project site with the telephone number and 24-hour point of contact for dust, noise, and construction complaints. The 24-hour point of contact shall be available 24 hours a day, 7 days a week and have authority to commit additional assets to control dust, or respond to construction complaints after hours, on weekends and on holidays. Construction shall be limited to 7:00 am to 6:00 pm on weekdays, 8:00 am to 5:00 pm on Saturdays, and no construction on Sundays and Holidays.

10. The applicant shall meet all requirements identified in the Industrial Commerce Sustainability Ordinance (Chapter 9, Article V of the Fontana Municipal Code). 134 558
Resolution PC No. 2025-
ATTACHMENT NO. 4

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

BUILDING & SAFETY:

General Conditions

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

A. California Building Code
B. California Residential Code
C. California Electrical Code
D. California Mechanical Code
E. California Plumbing Code
F. California Energy Code
G. California Fire Code
H. California Green Building Standards Code

13. The applicant shall install an automatic fire suppression system, which is required in all new construction per FMC Chapter 11 Article II. Design and type of system shall be based upon the requirements of the Building Code, Fire Code and the requirements of the Fontana Fire Prevention District.

14. The applicant shall comply with the requirements of the South Coast Air Quality Management District (909-396-2000). SCAQMD requirements shall be satisfied prior to the issuance of any permit if hazardous materials are stored and/or used.

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

16. The applicant shall verify that all perimeter/boundary walls are designed and constructed so that the outer/exterior face of the wall is as close as possible to the lot line. In any case, the outer/exterior face of the wall shall be within two (2) inches of the lot line.

Distances greater than two (2) inches may be approved prior to construction by the Building Official on a case-by-case basis for extenuating circumstances.

17. The applicant shall 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 135 559
Resolution PC No. 2025-
ATTACHMENT NO. 4
property(s) receiving flows from this property.

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

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

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

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

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

I. The grading plans shall, as a minimum, contain sections at all lot lines 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 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.

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

PRIOR TO ISSUANCE OF BUILDING/CONSTRUCTION PERMITS

20. 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
136 560
Resolution PC No. 2025-
ATTACHMENT NO. 4
E. Rough grade inspection signed off by a City Building Inspector

21. 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, maybe required. This report shall be prepared by a qualified person, firm, or corporation and submitted to Building & Safety. This report shall also explain the proposed facility's intended methods of operation and list all of the proposed materials, their quantities, classifications, and the effects of any chemical (material) inter-mixing in the event of an accident or spill.

22. 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.

23. Property is in a Very High Fire Severity Zone (VHFZ) and must comply with fire zone building code requirements.

24. Project must comply with City of Fontana’s Industrial Commerce Sustainability Ordinance. For more information related to Building & Safety, please visit our web page at https://www.fontana.org/136/Building-Safety
ENVIRONMENTAL CONTROL:

Prior to Certificate of Occupancy or Permit Approval:

25. All industrial facilities shall submit an Industrial Wastewater Discharge Permit application to Environmental Control. (FMC 23-218) To obtain or submit an application, please contact Sal Romero at 909-428-8809 or [email protected].

26. All commercial facilities conducting activities listed below shall submit an Industrial Discharge Permit application to Environmental Control. (FMC 23-218) To obtain or submit an application, please contact Sal Romero at 909-428-8809 or [email protected].  Any facility maintained for the servicing, washing, cleaning or repair of vehicles, construction equipment, industrial transportation or power equipment. (FMC 23- 218).
 All restaurants or other food processing facilities. (FMC 23-218)  All facilities maintained for the processing, filtering, softening or conditioning of water. (FMC 23-218).

27. Any facility which has a projected wastewater discharge that exceeds 25,000 gallons of water per day, or which may be categorized as a Federal Categorical discharger, or which is requesting a permit to discharge to the Inland Empire Utilities Agency (IEUA) NonReclaimable Wastewater Line (NRW) shall submit a Uniform Industrial Wastewater Survey and Permit Application to IEUA and Environmental Control. (FMC 23-216) To obtain or submit an application, please contact Sal Romero at 909-428-8809 or [email protected].
137 561
Resolution PC No. 2025-
ATTACHMENT NO. 4
Prior to the Issuance of Construction Permits:

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

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

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

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

32. Any facility maintained for the servicing of vehicles, construction equipment, industrial transportation or power equipment and has installed trench or floor drains in service bays is required to connect to a sand/oil separator. (FMC 23-161).

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

34. Any facility proposing the discharge of non-domestic wastewater to a septic system, holding tank, closed-loop system, or similar equipment, and is not connected to the sanitary sewer, is required to obtain written approval from the Santa Ana Regional Water Quality Control Board (SARWQCB).

35. Per the State Water Resources Control Board Resolution No. 2012-0032 all Onsite Wastewater Treatment Systems must be approved by the SARWQCB beginning May 13, 2018. A copy of the policy is available at: http://www.waterboards.ca.gov/water issues/programs/owts/index.shtml.

36. Submit drawings to the SARWQCB for approval. Provide a copy of the SARWQCB approval letter and their approved plans to the City of Fontana.

37. For more information, or to submit your plans, please contact Susan Beeson at [email protected] or 951-782-4902.
138 562
Resolution PC No. 2025-
ATTACHMENT NO. 4
Storm Water
Upon Certificate of Occupancy or Permit Approval and during Occupancy:

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

39. Vehicle, equipment and/or exterior washing activities are prohibited unless a wastewater recovery system is in place. All wastewater shall be recovered, stored and disposed of by proper and legal means through a waste disposal facility. Contractors hired for washing activities shall maintain a current City of Fontana Business License Tax Certificate to operate as a mobile washing business.

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

FIRE DEPARTMENT:

41. 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.

42. 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.

43. 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.

44. 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.

45. Fire Lanes: The applicant shall submit a site plan to the Fire Department for review and 139 563
Resolution PC No. 2025-
ATTACHMENT NO. 4
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.

46. 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 398,514 Square Foot structure.

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

48. 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.

49. 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.

50. Fuel Modification Zones. A Fire Protection Plan has been designed specifically for the subject project and approved by the Fire Department. All requirements of the Plan shall be adhered to, and any landscaping or construction within these areas shall be submitted to the Fire Department for review and approval in compliance with appropriate standards. California Fire Code Chapter 49.

51. 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.

52. 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 140 564
Resolution PC No. 2025-
ATTACHMENT NO. 4
Code Chapter 9, NFPA 72 & SBCoFD Standard F-5.

53. 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.

54. 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.

55. Commercial (large facility) Addressing: Commercial and industrial developments in excess of 100,000 sq. ft. shall have the street address installed on the building with numbers that are a minimum twelve (12) inches in height and with a one and one half (1 ½) inch stroke. The street address shall be visible from the street. During the hours of darkness, the numbers shall be electrically illuminated (internal or external). Where the building is two hundred (200) feet or more from the roadway, additional nonilluminated contrasting six (6) inch numbers shall be displayed at the property access entrances. California Fire Code Chapter 5 & SBCoFD Standard B-1.

56. 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.

57. 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.

58. 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.

59. 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.

60. 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.

ENGINEERING DEPARTMENT:
141 565
Resolution PC No. 2025-
ATTACHMENT NO. 4

61. 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.

62. 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.

63. 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.

PRIOR TO ISSUANCE OF GRADING PERMIT

64. 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.

65. 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

66. 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

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

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

69. Additional streetlights may be required to meet City standards.

70. The Applicant shall perform a pavement quality analysis by a qualified geotechnical engineer for Sierra Avenue and Mango Avenue for review and approval by the City.

Pavement structural sections for Sierra Avenue and Mango Avenue along the project frontage to the centerline of the street shall be brought into conformance with City standards. All areas of pavement repair or replacement shall be justified by the pavement quality analysis and shall bring the pavement condition to a 20 year pavement life.

71. Due to the location of the emergency vehicle entrance on Sierra Avenue, the bus turnout may be modified to accommodate safe and accessible loading and unloading of the 142 566
Resolution PC No. 2025-
ATTACHMENT NO. 4
traveling public. Modifications may include but are not limited to extending the bus turnout length, adjustment to the curb height and shape, and adding special signage.

PRIOR TO ISSUANCE OF FINAL CERTIFICATE OF OCCUPANCY

72. Complete all public improvements required of the project. Underground utilities required of the project. Ensure streetlights are energized and operating properly.

73. The Applicant/Engineer to provide the City of Fontana with As Built/Record Drawings for all public improvement plans. The Applicant/Developer shall provide a copy of the streetlight electric bill.

74. 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.

75. The Surveyor of Record 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.

76. The Surveyor of Record shall set survey monuments as required by the map and corner records must be recorded with the County. The Surveyor of Record shall notify the City in writing that monuments have been set in accordance with the recorded subdivision map and he/she has been paid in full for doing so.

77. 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).

78. 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.

79. 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.

80. 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 143 567
Resolution PC No. 2025-
ATTACHMENT NO. 4
Best Management Practice transfer. The Access, Maintenance, and the WQMP Certification for BMP Completion must be submitted to the City Project Engineer.

END OF CONDITION
144 568
Resolution PC No. 2025-
ATTACHMENT NO. 4
EXHIBIT “B”

CITY OF FONTANA

CONDITIONS OF APPROVAL
PROJECT: Master Case No. (MCN) 22-000104 June 3, 2025
Design Review (DRP) No. 22-000051
LOCATION: The project site is located east of Sierra Avenue, west of Mango Avenue and south of Summit Avenue encompasses six (6) parcels comprised of approximately 18.3 acres (APNs: 1119-241-10, -13,-18,-25,-26 and -27).

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 all of the following have occurred:

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

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

2. 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.

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

4. 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, attorney’s 145 569
Resolution PC No. 2025-
ATTACHMENT NO. 4
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.

5. 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.

6. 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 site, and successful completion of the first Building and Safety Division inspection, has commenced within this period.

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

8. 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.

9. 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.

10. There shall be no refrigerated uses on site beyond what is analyzed in the Environmental Impact Report (EIR); unless, a future tenant follows any applicable studies/memorandums to amend this Condition of Approval.

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

12. All provisions of Development Agreement No. 24-002 shall be adhered. No later than 10 days after the Effective Date, the Owner shall record with the Office of the San Bernardino County Recorder, Development Agreement No.24-002 against the Property.

13. The occupants of this facility shall comply with applicable provisions of local, state, and federal laws and regulations with respect to noise, vibration, smoke, odors, fire and explosive hazards, including, but not limited to the City’s adopted Hazardous Materials Management Plan and Industrial Wastewater/Discharge requirements. 146 570
Resolution PC No. 2025-
ATTACHMENT NO. 4

14. All parking stalls shall be clearly marked by double striping pavement painting. Parking stall sizes shall be measured from the mid-point between the striping. No parking spaces shall be designated in a commercial/retail parking facility, except for disabled persons parking, van pool, carpool, or any other designated parking as required by law.

15. 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 or Holidays.

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

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

18. Historical 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 of 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, is 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 me 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 147 571
Resolution PC No. 2025-
ATTACHMENT NO. 4
California. The Qualified Archaeologist shall ensure that all other personnel are appropriately trained and qualified.

19. The construction contractor shall use the following source controls at all times:
a) Construction shall be limited to 7:00 am to 6:00 pm on weekdays, 8:00 am to 5:00 pm on Saturdays, and no construction on Sundays and Holidays unless it is approved by the building inspector for cases that are considered urgently necessary as defined in Section 18-63(b)(7) of the Municipal Code. b) For all noise-producing equipment, use types and models that have the lowest horsepower and the lowest noise generating potential practical for their intended use.
c) The construction contractor will ensure that all construction equipment, fixed or mobile, is properly operating (tuned-up) and lubricated, and that mufflers are working adequately.
d) Have only necessary equipment onsite.
e) Use manually adjustable or ambient sensitive backup alarms. When working adjacent to residential use(s), the construction contractor will also use the following path controls, except where not physically feasible, when necessary. f) Temporarily enclose localized and stationary noise sources, g) Store and maintain equipment, building materials, and waste materials as far as practical from as many sensitive receivers as practical.

20. Up-lighting shall be provided throughout the project site to complement the architectural detail of the building and the landscaped areas, except where the building is adjacent to residential properties.

21. All roof-mounted mechanical units shall be screened from view of adjacent streets by a parapet in height equal or greater to the installed unit, unless another method of visual screening is approved by the Director of Planning.

22. The applicant/developer shall comply with the mitigation measures identified in the Mitigation (SCH No. 2009091089) Monitoring and Reporting Program (MMRP) as approved by the Planning Commission.

23. 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.

24. The applicant shall meet all guidelines identified in the Industrial Commerce Sustainability Ordinance (Ordinance No. 1891).

PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY

25. The current Development fees must be paid prior to issuance of building/construction permits.

BUILDING & SAFETY:
148 572
Resolution PC No. 2025-
ATTACHMENT NO. 4
General Conditions

26. 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

27. 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.

28. 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.

29. 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.

30. The applicant shall verify that all perimeter/boundary walls are designed and constructed so that the outer/exterior face of the wall is as close as possible to the lot line. In any case, the outer/exterior face of the wall shall be within two (2) inches of the lot line. Distances greater than two (2) inches may be approved prior to construction by the Building Official on a case-by-case basis for extenuating circumstances.

31. 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) 149 573
Resolution PC No. 2025-
ATTACHMENT NO. 4
unless otherwise approved by the Building Official.
h. A complete hydrology study using the latest edition of the San Bernardino County Flood Control Hydrology Manual, and complete hydraulic calculations justifying the size, slope, capacity, etc. of any and all drainage structures being utilized, shall be submitted to and approved by Building & Safety.

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

32. 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.

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

PRIOR TO ISSUANCE OF BUILDING/CONSTRUCTION PERMITS

34. 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

35. 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, maybe required. This report shall be prepared by a qualified person, firm, or corporation and submitted to Building & Safety. This report shall also explain the proposed facility's intended methods of operation and list all of the proposed materials, their quantities, classifications, and the effects of any chemical (material) inter-mixing in the event of an accident or spill.

36. 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 150 574
Resolution PC No. 2025-
ATTACHMENT NO. 4
permits being issued.

37. Project must comply with City of Fontana’s warehouse sustainability ordinance. For more information related to Building & Safety, please visit our web page at https://www.fontana.org/136/Building-Safety
ENVIRONMENTAL CONTROL:

Prior to Certificate of Occupancy or Permit Approval:

38. All industrial facilities shall submit an Industrial Wastewater Discharge Permit application to Environmental Control. (FMC 23-218) To obtain or submit an application, please contact Sal Romero at 909-428-8809 or [email protected].

39. All commercial facilities conducting activities listed below shall submit an Industrial Wastewater Discharge Permit application to Environmental Control. (FMC 23-218) To obtain or submit an application, please contact Sal Romero at 909-428-8809 or [email protected].

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

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

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

43. Any facility which has a projected wastewater discharge that exceeds 25,000 gallons of water per day, or which may be categorized as a Federal Categorical discharger, or which is requesting a permit to discharge to the Inland Empire Utilities Agency (IEUA) NonReclaimable Wastewater Line (NRW) shall submit a Uniform Industrial Wastewater Survey and Permit Application to IEUA and Environmental Control. (FMC 23-216) To obtain or submit an application, please contact Sal Romero at 909-428-8809 or [email protected].

Prior to the Issuance of Construction Permits:

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

45. All commercial or industrial facilities within the following categories must install a gravity separation interceptor to comply with the requirements of the Fontana Municipal Code (FMC Section 23-190) unless the requirement is modified by a variance issued by the Public Works Manager.
151 575
Resolution PC No. 2025-
ATTACHMENT NO. 4

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

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

48. Any facility maintained for the servicing of vehicles, construction equipment, industrial transportation or power equipment and has installed trench or floor drains in service bays is required to connect to a sand/oil separator. (FMC 23-161).

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

50. Any facility proposing the discharge of non-domestic wastewater to a septic system, holding tank, closed-loop system, or similar equipment, and is not connected to the sanitary sewer, is required to obtain written approval from the Santa Ana Regional Water Quality Control Board (SARWQCB).

51. Per the State Water Resources Control Board Resolution No. 2012-0032 all Onsite Wastewater Treatment Systems must be approved by the SARWQCB beginning May 13, 2018. A copy of the policy is available at: http://www.waterboards.ca.gov/water issues/programs/owts/index.shtml.

52. Submit drawings to the SARWQCB for approval. Provide a copy of the SARWQCB approval letter and their approved plans to the City of Fontana.

53. For more information, or to submit your plans, please contact Susan Beeson at [email protected] or 951-782-4902.

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

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

55. Vehicle, equipment and/or exterior washing activities are prohibited unless a wastewater recovery system is in place. All wastewater shall be recovered, stored and disposed of by proper and legal means through a waste disposal facility. Contractors hired for washing activities shall maintain a current City of Fontana Business License Tax Certificate to operate as a mobile washing business.
152 576
Resolution PC No. 2025-
ATTACHMENT NO. 4

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

Prior to Business License and C of O approval:

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

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

59. 40 CFR, CA-WQCB Order No 2014-0057-DWQ, CA-RWQCB Order No. R8-2010-0036, FMC 23-520, SB205)

60. For further information about the Industrial General Permit, please visit the following website:
http://www.waterboards.ca.gov/water_issues/programs/stormwater/indusfaq.shtml FIRE DEPARTMENT:

61. 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.

62. 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.

63. 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.

64. Street Signs: Approved temporary or permanent street signs shall be installed throughout the project prior any combustible materials being placed on the construction 153 577
Resolution PC No. 2025-
ATTACHMENT NO. 4
site. California Fire Code Chapter 5 & SBCoFD Standard A-2.

65. 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.

66. 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 398,514 Square Foot structure.

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

68. 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.

69. 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.

70. Fuel Modification Zones. A Fire Protection Plan has been designed specifically for the subject project and approved by the Fire Department. All requirements of the Plan shall be adhered to, and any landscaping or construction within these areas shall be submitted to the Fire Department for review and approval in compliance with appropriate standards. California Fire Code Chapter 49.

71. 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.

72. 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 154 578
Resolution PC No. 2025-
ATTACHMENT NO. 4
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.

73. 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.

74. 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.

75. Commercial (large facility) Addressing: Commercial and industrial developments in excess of 100,000 sq. ft. shall have the street address installed on the building with numbers that are a minimum twelve (12) inches in height and with a one and one half (1 ½) inch stroke. The street address shall be visible from the street. During the hours of darkness, the numbers shall be electrically illuminated (internal or external). Where the building is two hundred (200) feet or more from the roadway, additional nonilluminated contrasting six (6) inch numbers shall be displayed at the property access entrances. California Fire Code Chapter 5 & SBCoFD Standard B-1.

76. 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.

77. 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.

78. 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.

79. 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.

80. 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.
155 579
Resolution PC No. 2025-
ATTACHMENT NO. 4
ENGINEERING DEPARTMENT:

81. 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.

82. 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.

83. 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.

PRIOR TO ISSUANCE OF GRADING PERMIT

84. 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.

85. 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

86. 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

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

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

89. Additional streetlights may be required to meet City standards.

90. The Applicant shall perform a pavement quality analysis by a qualified geotechnical engineer for Sierra Avenue and Mango Avenue for review and approval by the City.

Pavement structural sections for Sierra Avenue and Mango Avenue along the project frontage to the centerline of the street shall be brought into conformance with City standards. All areas of pavement repair or replacement shall be justified by the pavement quality analysis and shall bring the pavement condition to a 20 year pavement life.
156 580
Resolution PC No. 2025-
ATTACHMENT NO. 4

91. Due to the location of the emergency vehicle entrance on Sierra Avenue, the bus turnout may be modified to accommodate safe and accessible loading and unloading of the traveling public. Modifications may include but are not limited to extending the bus turnout length, adjustment to the curb height and shape, and adding special signage.

PRIOR TO ISSUANCE OF FINAL CERTIFICATE OF OCCUPANCY

92. Complete all public improvements required of the project. Underground utilities required of the project. Ensure streetlights are energized and operating properly.

93. The Applicant/Engineer to provide the City of Fontana with As Built/Record Drawings for all public improvement plans. The Applicant/Developer shall provide a copy of the streetlight electric bill.

94. 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.

95. The Surveyor of Record 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.

96. The Surveyor of Record shall set survey monuments as required by the map and corner records must be recorded with the County. The Surveyor of Record shall notify the City in writing that monuments have been set in accordance with the recorded subdivision map and he/she has been paid in full for doing so.

97. 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).

98. 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.

99. 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.
157 581
Resolution PC No. 2025-
ATTACHMENT NO. 4
100. 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.

END OF CONDITIONS
158 582
Notice of Determination ATTACHMENT NO. 5 FORM “F”

NOTICE OF DETERMINATION
TO: ☐ Clerk of the Board of
Supervisors
or
X County Clerk
Address:

FROM: Public Agency/Lead Agency Name:

City of Fontana
Address:
8353 Sierra Avenue
Fontana, CA 92335
Contact: Salvador Quintanilla
Phone: (909) 350-6656
Email: [email protected]
TO: X Office of Land Use and Climate
Innovation
State Clearinghouse
1400 Tenth Street, Rm. 113
Sacramento, CA 95814
Lead Agency (if different from above)
Address:

Contact:

Phone:

SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code.

State Clearinghouse Number
(If submitted to SCH): 2023030788
Project Title: Sierra Distribution Facility
Project Applicant (include address, telephone number and email address):

Seefried Industrial Properties Inc.
2321 Rosecrans Ave, Suite 2220
El Segundo, CA 90245
Scott Irwin, Senior Vice President
([email protected], (310) 484-8761)
Specific Project Location – Identify street address and cross street or attach a map showing project site (preferably a USGS 15’ or 7 ½’ topographical map identified by quadrangle name):
159 583
Notice of Determination ATTACHMENT NO. 5 FORM “F”
East of Sierra Avenue, West of Mango Avenue, and south of Summit Avet (APNs: 1119-241-10, - 13, -18, -25, -26, and -27)
General Project Location (City and/or County): Fontana, San Bernardino County Project Description:

A request for development of an approximately 18.3‐acre property with an industrial commerce center building of approximately 398,514 square feet, consolidation of six (6) parcels (APNs:
1119-241-10, -13, -18, -25, -26, and -27) into one (1) parcel and vacate Windflower Avenue. The industrial commerce center project also includes a screened dock area along the south side of the building, vehicular parking areas, drive aisles, and landscaping.

Identify the person or entity undertaking the project, including any private applicant, any other person undertaking an activity that receives financial assistance from the Public Agency as part of the project, and any person receiving a lease, permit, license, certificate, or other entitlement of use from the Public Agency as part of the project.

This is to advise that the (☐ Lead Agency or ☐ Responsible Agency) has approved the above described project on June 3, 2025 and has made the following determinations regarding the above described project:

1. The project [ ☐ will ☐ will not] have a significant effect on the environment.

2. ☒ An Environmental Impact Report was prepared and certified for this project pursuant to the provisions of CEQA and reflects the independent judgment of the Lead Agency. ☐ A Negative Declaration was prepared for this project pursuant to the provisions of CEQA and reflects the independent judgment of the Lead Agency. ☐ A Mitigated Negative Declaration was prepared for this project pursuant to the provisions of CEQA and reflects the independent judgment of the Lead Agency.

3. ☐ Mitigation measures [ ☐ were ☐ were not ]made a condition of the approval of the project.

4. ☐ A Mitigation Monitoring or Reporting Plan [ ☐ was ☐ was not] adopted for this project.

5. ☐ A Statement of Overriding Considerations [ ☐ was ☐ was not] adopted for this project.

6. ☐ Findings [ ☒ were ☐ were not] made pursuant to the provisions of CEQA.

This is to certify that the Final EIR with comments and responses and record of project approval, or the Negative Declaration, is available to General Public at:

X
X
X
X
X
160 584
Notice of Determination ATTACHMENT NO. 5 FORM “F”
Custodian:

City of Fontana, Planning Department
Location:
8353 Sierra Avenue, Fontana, CA 92335
Date:
________________________________________
DiTanyon Johnson
Planning Manager
Clerk’s File Stamp:

Authority cited: Sections 21083, Public Resources Code.

Reference Section 21000-21174, Public Resources Code.
161 585

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

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

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

Master Case (MCN) No. 22-000104, Tentative Parcel Map (TPM) No. 22-000025 (TPM No. 20611), and Design Review (DRP) No. 22-000051
A request for the development of an approximately 18.3‐acre property with an industrial commerce center building of approximately 398,514 square feet, consolidation of six (6) parcels (APNs: 1119-241-10, -13, -18, -25, -26, and - 27) into one (1) parcel and vacate Windflower Avenue. The industrial commerce center project also includes a screened dock area along the south side of the building, vehicular parking areas, drive aisles, landscaping and associate improvements.

Environmental
Determination:

Location of
Property:

Date of
Hearing:

Place of
Hearing:

Time of
Hearing:

This project has been determined to have
a potentially significant effect on the
environment and a Final Environmental
Impact Report (EIR) (SCH No.
2023030788) has been prepared
pursuant to Sections 15080 and 15097 of
the California Environmental Quality Act
(CEQA).

The Project Site is located east of Sierra
Avenue, west of Mango Avenue, and
south of Summit Avenue.

June 3, 2025
City Hall Council Chambers
8353 Sierra Avenue
Fontana, CA 92335
6:00 P.M. Project Site
Sumit Avenue
Sierra Avenue
Mango Avenue
ATTACHMENT NO. 6
162 586
The City of Fontana (City) has prepared an Environmental Impact Report (EIR) for the proposed project. The Draft and Final EIR are available for review at City Hall (8353 Sierra Avenue Fontana, CA 92335) and online at https://www.fontanaca.gov/2137/Environmental-Documents. Should you have any questions concerning this project, please contact Salvador Quintanilla, Senior Planner at (909) 350-6656 or [email protected].

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

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

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

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

Publish Date: May 23, 2025
163 587
City of Fontana
Planning Commission
Minutes
Idilio Sanchez, Chair
Ricardo Quintana, Vice Chair
Joe Armendarez, Secretary
Torrie Lozano, Commissioner
Dylan Keetle, Commissioner
Tuesday, June 3, 2025 6:00 P.M. Grover W. Taylor Council Chambers CALL TO ORDER/ROLL CALL:

A. Call to Order/Roll Call:

A regular meeting of the City of Fontana Planning Commission was held on Tuesday, June 3, 2025. Chair Sanchez called the meeting to order at 6:04 p.m.

Present: Chair Sanchez, Commissioners Keetle and Lozano

Absent: Vice Chair Quintana and Secretary Armendarez
INVOCATION/PLEDGE OF ALLEGIANCE:

A. Invocation/Pledge of Allegiance:

Following the Invocation by Chaplain Daniel Vasquez, the Pledge of Allegiance was led by Commissioner Lozano.
588
Planning Commission Minutes June 3, 2025

PUBLIC COMMUNICATIONS:

A. Public Communications:

None.

CONSENT CALENDAR:

A. Approval of Minutes
Approve the Regular Planning Commission Meeting Minutes of May 20, 2025.

ACTION: A Motion was made by Commissioner Keetle and seconded by Commissioner Lozano and passed by a vote of 3-0 to approve the Consent Calendar.

The motion carried by the following vote:

Aye: Chair Sanchez, Commissioners Keetle and Lozano

Absent: Vice Chair Quintana and Secretary Armendarez
Abstain: None
PH-A Master Case No. 25-0017 and Municipal Code Amendment (MCA) No. 25-0003:

Fontana Municipal Code Amendments to Chapter 30 (Zoning and Development Code) establishing standards for group homes. (Item Continued from the April 15, 2025, and May 6, 2025, meetings).

Chair Sanchez opened the Public Hearing.

Staff recommended that the Planning Commission continue this item to a date uncertain.

No written correspondence was received.

RECOMMENDATION:

Staff recommends that the Planning Commission continue to a date uncertain.

ACTION: Motion was made by Commissioner Lozano and seconded by Commissioner Keetle and passed by a vote of 3-0 to continue Public Hearing Item “A” to a date uncertain.

The motion carried by the following vote:

AYES: Chair Sanchez, Commissioners Keetle and Lozano NOES: None; ABSTAIN:

None; ABSENT: Vice Chair Quintana, Secretary Armendarez. 589
Planning Commission Minutes June 3, 2025

PH-B Master Case No. 25-0020 and Municipal Code Amendment (MCA) No. 25-0005:

Fontana Municipal Code Amendments to Chapter 30 (Zoning and Development Code) adopt objective design standards for residential and mixed-use development projects subject to streamlined and ministerial review under State of California law, pursuant to a determination that the amendments are exempt from CEQA under CEQA Guidelines section 15060(C), 15061(B)(3) (the common-sense exemption), and 15378. (Item continued from the April 1, 2025, and May 6, 2025 meetings).

Chair Sanchez opened the Public Hearing.

Staff recommended that the Planning Commission continue this item to the June 17, 2025, Regular Planning Commission Meeting.

No written correspondence was received.

RECOMMENDATION:

Staff recommends that the Planning Commission continue this item to the June 17, 2025, Regular Planning Commission Meeting.

ACTION: Motion was made by Commissioner Keetle and seconded by Commissioner Lozano and passed by a vote of 3-0 to continue Public Hearing Item “B” to the June 17, 2025, Regular Planning Commission Meeting.

The motion carried by the following vote:

AYES: Chair Sanchez, Commissioners Keetle and Lozano NOES: None; ABSTAIN:

None; ABSENT: Vice Chair Quintana, Secretary Armendarez.

PH-C Master Case No. 22-000104: Tentative Parcel Map No. 22-000025 (TPM No. 20611), Design Review (DRP) No. 22-000051, reporting on the conformity of the proposed vacation of Windflower Avenue with the General Plan pursuant to Government Code Section 65402; and Final Environmental Impact Report (FEIR) for the development of an industrial warehouse building totaling approximately 398,514 square feet on approximately 18.3 acres, located between Sierra Avenue and Mango Avenue, approximately 1,300 feet south of Summit A v e n u e ( A s s e s s o r P a r c e l n u m b e r s : 1119-241-10,-13,-18,-25,-26, and -27), pursuant to the Certified Environmental Impact Report (EIR) (State Clearing House No. 2023030788) and Mitigation Monitoring And Reporting Program and direct staff to file a Notice of Determination.

Chair Sanchez opened the Public Hearing.

The City Clerk’s Department received one (1) written correspondence in opposition of this item.
590
Planning Commission Minutes June 3, 2025

Alexia Barberena, Associate Planner, presented the staff report and noted a memo to the commission removing condition of approval #12 from page 160 of Attachment #4, as it references a development agreement that does not apply to this project. Additionally, the memo includes a new condition of approval (Condition No. 83B) from the Traffic Department restricting ingress and egress along Sierra Avenue.

The Commission and staff discussed the vehicle entrances and exits along Sierra Avenue. The Commission inquired whether a pork chop island would be installed to prevent trucks from traveling north and south on Sierra.

The applicant, Scott Irwin, on behalf of Seefried Industrial Properties Inc., stated that he read and agreed to the amended Conditions of Approval.

The following individuals spoke in favor:
• Art Zuniga
• Louie Lopez
• Eddie Campos
• Zach Strasters
• Jazzmine
• Leti Villa
• Robert Ramos
The Public Hearing was closed.

RECOMMENDATION:

1. Based on the information contained in this staff report, resolution and subject to the attached Findings and Conditions of Approval, staff recommends that the Planning Commission adopt Resolution No. PC 2025- 019; and,
a. Certify the FEIR, a Mitigation Monitoring and Reporting Program and a Statement of Facts and Findings, and direct staff to file a Notice of Determination

2. Based on the information contained in this staff report, resolution and subject to the attached Findings and Conditions of Approval, staff recommends that the Planning Commission adopt Resolution No. PC 2025- 020; and,
a. Approve Tentative Parcel Map No. 22-000025 (TPM No. 20611); and b. Approve Design Review No. 22-000051.
591
Planning Commission Minutes June 3, 2025

ACTION: Motion was made by Chair Sanchez and seconded by Commissioner Keetle and passed by a vote of 3-0 to approve Public Hearing Item “C”; adopt Resolution No’s. PC 2025-019 & 020; certifying the EIR, approving Tentative Parcel Map (TPM) No. 22-000025 (TPM No. 20611) and approving Design Review No. 22- 000051 with amended conditions of approval.

The motion carried by the following vote:

AYES: Chair Sanchez, Commissioners Keetle and Lozano NOES: None; ABSTAIN:

None; ABSENT: Vice Chair Quintana, Secretary Armendarez.

DIRECTOR COMMUNICATIONS:

A. Director Communications:

None.

COMMENTS:

A. Public Communication Commission Comments:

Commissioner Lozano thanked the public for attending tonight’s meeting and expressed appreciation to the Planning staff for their assistance.

Commissioner Keetle thanked the project developer and all the workers who came out in support of the project. He expressed appreciation for the continued investment in the City of Fontana and stated that the Commission looks forward to continuing to move Fontana forward.

Chair Sanchez echoed the comments of his fellow Commissioners, expressed appreciation for the continued investment in the City of Fontana, and concluded by thanking the public for the opportunity to serve.

ADJOURNMENT:

Chair Sanchez adjourned the meeting at 6:33 p.m. to the next Regular Planning Commission Meeting on Tuesday, Jun 17, 2025, at 6:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California. ___________________________
Susana Gallardo
Deputy City Clerk

THE FOREGOING MINUTES WERE APPROVED BY THE PLANNING COMMISSION ON THE 17th DAY OF JUNE 2025.
592
Planning Commission Minutes June 3, 2025

_______________________
Idilio Sanchez
Chair
593
594
595
596
597
ATTACHMENT NO. 8

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

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

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

Appeal (APL) No. 25-0001/ Master Case No. 22-00104
A request by Golden State Environmental Justice Alliance (“The Appellant) to appeal the Planning Commission’s decision on June 3, 2025, which approved Master Case No. 22-0104 for Tentative Parcel Map No. 22-0025 (TPM No. 20611) and Design Review No. 22-0051 along with the certification of an Final Environmental Report (FEIR) State Clearinghouse Number (SCH No. 2023030788), Monitoring, and Reporting Program, (MMRP) to facilitate the consolidation of six (6) parcels into one parcel, vacation of Windflower Avenue and the development of an industrial warehouse building totaling approximately 398,514 square feet on approximately 18.3 acres (APNs: 1119-241-10, -13, -18, -25, -26, and -27).

Environmental Determination: On June 3, 2025, the Planning Commission certified a Final Environmental Impact Report (FEIR) that analyzed potential environmental impacts associated with the development of the property for Master Case No. 22-000104: Tentative Parcel Map No. 22-0025 (TPM No. 20611) and Design Review No. 22-0051 in accordance with the California Environmental Quality Act Guidelines. This document can be reviewed at City Hall (8353 Sierra Avenue Fontana, CA 92335) and online at
https://www.fontanaca.gov/2137/Environmental-Documents .

Location of Property: The project site is located east of Sierra Avenue, west of Mango Avenue, and south of Summit Ave (APNs: 1119-241-10, -13, - 18, -25, -26, and -27)
Date of Hearing: September 9, 2025
Place of Hearing: City Hall Council Chambers
8353 Sierra Avenue
Fontana, CA 92335
Time of Hearing: 2:00 PM
598
Should you have any questions concerning this project, please contact Salvador Quintanilla, Senior Planner, at (909) 350-6656, e-mail: [email protected].

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

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

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

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

Publish date: August 29, 2025
Project Site
Sumit Avenue
Sierra Avenue
Mango Avenue
599